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11/01/17 CC AGENDA PACKET
Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS a. Kern Region Active Transportation Plan. Staff recommends receiving and filing the presentation. b. Bicycle and Pedestrian Safety Report. Staff recommends receiving and filing the presentation. 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(3) (two matters re: Letter of October 9, 2017 from Californians Aware, and Letter of October 18, 2017 from FirstAmendment Coalition). 5. CLOSED SESSION ACTION 6. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Workshops 3. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 10/20/2017 111-11 V 03 SUBJECT: Kern Region Active Transportation Plan. STAFF RECOMMENDATION: Staff recommends receiving and filing the presentation. BACKGROUND: The Kern Council of Governments, in partnership with the City and several other jurisdictions, has developed the Kern Region Active Transportation Plan (Plan). The Plan promotes walkable and bicycle friendly environments in the cities and selected unincorporated areas of Kern County. The Plan specifically aims to: • Identify barriers and innovative solutions to encourage walking and bicycling as viable travel modes. • Develop safe and convenient walking and bicycling networks for people of all ages and abilities. • Build upon recently completed and current active transportation planning efforts. • Develop walking and bicycling networks supportive of existing and future land uses and projects. • Develop an implementation strategy with practical and financially feasible projects matched to specific funding opportunities. • Create enthusiasm among residents to participate in this effort through community outreach process. The City contributed $35,000 in Rose Foundation grant funds toward the development of the Plan. In addition, City staff has been highly engaged throughout the development process, including reviewing and commenting on various drafts and participating on the project delivery tH8Dl. Staff from the consulting firm, /dt2 Planning + Design, will present 2n overview Of the Plan, including the development pnO08SS and key findings within the region. The draft Plan can be viewed 2tVVVVVVkB[O3dp.Oq]. FiO2||y. 2 h2Fd0Opy Of the fiO2| P|2O will be 2V2i|2h|8 to the City COUOCi| UpOO n8qU8Sl. ATTACHMENTS: Description Type c a c 0 c o � •� L Q r.L L Y LM H L C V El L O 4- L a s (%• CAA V V m ca A, VA, c6 N O Q L 0 V O con V C Ca s W • 4� Jc +-J O ca N i m L ukk N V — ,> t�A L- 4� cn a O m i O O c� 4� L V 4� bz �.C: O� CL O O V S cn cn ca — sm L ca O = m • V c O CL O c .O ca O CL cn 4-J N MFU c6 t/1 • .J V V Q V a� O U 0 N Q O v v D U 0 C: 0 U W C6 O U 0 s ca 4� cr w . �J 4� �A L O V C: W O M V w . c O ca _:3 C6 w 4� E w O w 0 C6 V — O 44 f ° 2 � � //� \����� � �..� /iy\.� � j °\ � \7 \., ^^ d^ j � � :e�� %���'��; � �� / " wv W- OWN, w z 0 u 0 Z z I 0 u U) Q z 37 Z 0. z 0 Za LLJ U-) z Ix < Z LLJ Ix ? W U 4 LL, 0 It r-4 cx (n w OR, -0 U m Z 25 'o 0 'A a. 2 m a Z >�.a r 44 0 m a v. c O. M fu 0 � 0 0 -c U 0, r- 0 0. m 0 D r- 3: m a~ 0 V X Lft r- w u — > -;i E L. 0 c U w 0 U U I r LL to 'n fu Z o. M A 10 0 M "0 —0 'o .62 'A j, t 0 5 u co c:o, 0 2 0 LL U. j x 0 (K En 1, PA. 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Q) -p C > O E O O N CL E O y t CA 2 ` U a) U U U 0 0 6 0 `.`., n) Z N m i N, v' to I (li i i� 0. � � I X � w 11101117 CC AGENDA PACKET PG 21 -@ n U < ! Q J Q V Q L `.`., n) N N � N < N < � 0 C LL 1t a [i U) i r w O U U V C+ U O U c O @ U 6 tJ n Ci U n O U W +n +n (o n ✓, m +n + + u 11101117 CC AGENDA PACKET PG 21 as dJAW(7 0 >; v .LSVW `r >T OiS Hd IC7CJNVU „nr J , r� " r^ b' fir c r" i% my, fow, aNN 0 a as V IS W v� l Nis '�;� �' � S d iv, r i ie s rim a�srrr'm �LIS J II r OT VVJ �°J ` O i h . O .� e O 1SN Oil t , AV n3 "ICVdiS He V LW0 Oo 0O s� ©' ®® S Q 9�k d3FQ13A 4W S AV n3SVJ V'f L s �E ay H Z c _ CL = CL a Y > (� Y Z v °—' a� ar m U O c ,uj a O O Q Q U U G J m Li' J Z C CD ? Y �_ (� N Y O= No �i 0 O W E ' CO m m m v o $ F- Z [] N N N {� JAG N C W fall Z J w E Co U J U U U Z 5 E: o LU > o — N Co C5 Y Q ut°. ® 3 w tolo 11101117 CC AGENDA PACKET PG 22 v V; "t.� . r is pp14 '. II II IIII 09AIX''Oolont Z 15 os � c V 11A9 uu oq $ i 11 J slU �l� did N 'a r u c r�qu � 1RY II(9 m i � oa a3niaa J F J U) ru u Uri V) ru u 11/ 1/17 CC AGENDA PACKET PG 23 Z � c oq $ J m ` 'a c a � m � 0 h N = N N m J o M 0� Z m C m m E Y �_ E m m m m WCY Q c m m i2 U o c _� m e J % Q o J Z uj o o W L1J U a c�v d 0 Y Q wU- z 11/ 1/17 CC AGENDA PACKET PG 23 11/01/17 CC AGENDA PACKET PG 24 �� \� » \ j \� � � / : , <« � � / §� . � \, \�� } � 6\ � % \ © ©� i : \<� � .! , < . } w . . Pr/ Awl cn . L O . i Ln 4--j, W 4 to O � � 0 � O .0 ^, m W N E�.� •� II O E O� bz Ov L 0 O 4 Lf) .� � O O a ca 4m+ . . 4� O +- O E' L U a Co =3 c U . Ln 4 O � � V O cn N V O E�.� O N O E O� _I_- Ov O 4 Lf) 4-j � O O c6 ca O cn O � ps.0.0 Co =3 c U V > ca ca 4� ro 0-0 '— O N U U cn O 4--a 4--J C* 4--J E E O 4-1 V V Q • O X O 3: O os; CL C� C.7 • to 4-j E > O L E .- 4� i E E O U • 001-mk% cn O . N .— W, RR 4 O � � V � V --'-Z O cn , +-j 4-j O c6 ca LM a-+ m N O L a V 4� O LM a O V) O 4� L C6 4� a--j . L O I•v n w E i O 4� CAA C� V ca 2 . cn 4� C�0 C� V V O a- 0 t1A c c6 V O U U C Q 4-j Q fQ i ca N Q O N N N Z 4-j V (1) O L O V 4-J O QL QL O m . c� ca O C�0 4� z ON E =3 V O C: t�A .N c O V O s V) . L i ca CAA 4� oc ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Workshops 3. b. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 10/20/2017 111-11 V 03 SUBJECT: Bicycle and Pedestrian Safety Report. STAFF RECOMMENDATION: Staff recommends receiving and filing the presentation. BACKGROUND: City staff across multiple departments recently reviewed its pedestrian and bicyclist safety programs and activities. This review has resulted in various recommendations • mitigating serious injuries and fatalities. Attached is a Bicycle and Pedestrian Safety Report that summarizes Bakersfield's recent fatality history of pedestrians and bicyclists; reviews recent and upcoming projects and activities; and explores lessons learned to increase safety. City staff will give a presentation on the programs and activities listed in this report. ATTACHMENTS: Description D PoweirP6int Piresentadon D Bkyke & Pedestidain Safety Repoirl Type Piresentadon BackU IMateir4� LU Li- -� I C) . LLJ W od Q r7mw TIR� I 14-k LIE 0 Poo V 11101117 CC AGENDA PACKET PG 32 qj 01 D a LL. CL LL. L+L 0 0 0 6K, LM V) 00 7C) 0 min- -,o U 0 Ca LL. LL. LL. 7C) LO co 11101117 CC AGENDA PACKET PG 33 L u a E3 0 14 LM 14 .4 14 H 14 D a LL. CL LL. L+L 0 0 0 6K, LM V) 00 7C) 0 min- -,o U 0 Ca LL. LL. LL. 7C) LO co 11101117 CC AGENDA PACKET PG 33 a) cl) W L— EL CL 06 U m z 9 04 I a 4 M a31S3H0 "' is Nva -as 33ddoo HOAVAAO' 3AV V113M3r I o ON HiV3H 3AV UVON * CM 3N as MS is NMVHOW 40 a8aHsv as amazisoo ul w as 89AIZI U-10 f2 w ❑ 3 atiVISIAVNans OG as N3-nV 11101117 CC AGENDA PACKET PG 34 4 4 4 400 4w HO ONINHOW AMH HOlVda39m 03 A-- Z E 70 as "AHM-A IS -I-Ems 3AV NONUgA IW w M a31S3H0 "' is Nva -as 33ddoo HOAVAAO' 3AV V113M3r I o ON HiV3H 3AV UVON * CM 3N as MS is NMVHOW 40 a8aHsv as amazisoo ul w as 89AIZI U-10 f2 w ❑ 3 atiVISIAVNans OG as N3-nV 11101117 CC AGENDA PACKET PG 34 4 4 4 400 4w -as 33ddoo HOAVAAO' 3AV V113M3r I o ON HiV3H 3AV UVON * CM 3N as MS is NMVHOW 40 a8aHsv as amazisoo ul w as 89AIZI U-10 f2 w ❑ 3 atiVISIAVNans OG as N3-nV 11101117 CC AGENDA PACKET PG 34 11101117 CC AGENDA PACKET PG 34 1J H lie i� 0 • • • • • ' 1 • .i • • • • , • • • • • • I E� c 0 •o — u 4) Qi t3 fti1 .t� _ I EM 11101117 CC AGENDA PACKET PG 35 W rW, fin, /I�)U boot P I 9GGe, D %���tf�mlff�i�l�i�llrfw(4, �1Y /j„ rr, 'I r 0 5 m �r a IW 4 oA� W G %���tf�mlff�i�l�i�llrfw(4, �1Y /j„ rr, i law, I A la� / r 1 0 if tJ! i sir • • 1 1 1 • • 1 1 i .r El • # • • • 1i Im i 1 # .r • Im 11101117 CC AGENDA PACKET PG 39 • a # # • .r • i .r i 1 # .r • Im 11101117 CC AGENDA PACKET PG 39 e. "AA Iffillk I alml/ im 9/11/ I JOINT!. elf ✓' r� it ff r �N' r ✓' r� it i IM, 0 Ewrl ff r mwl�ll f i 'a, � 0 N A� W m 0 r= 1 1 1` 1 1. 1 r � V W L•. 0 CL D 0 u 0 u O Im IM t • 1 1 r � 0 1 r 1 r F-4 c 0 1� W u u •� co •rte u I ir. I-. EM r �U J „, orb) e l i i, 'UNIX l /ll /1 G ItI�J ✓�G / //a I , w �' �r id 1 /r, f, �� ���'r ff r�, � r „„ rr %�f�fXr f• „ J "r /rf I�NF� / � /" G� j Mal r1 / rJ� � rrw r�✓ /, J r ✓� w � "''� j �Y� fY 1, l � � l ✓' �ior�� � / fir Jr Ill r r �llu �� �l /� ✓✓� l /,,,iii „✓ Iwu «� � /�', �� ✓ : V!'s. f � / �' ,wf : /rte r/rrr r / /o/rr �J %// f ✓r wHU 00 41 lop 90 FF” er r ✓n rXi �rtrur r�rRUmulPrtr✓d' � / /,^` °� �” iii ✓ „- r r �/ i%% / r, 1 r /0 0 a j Aj ri���r� %�� / /lJ %�irr ✓” � is !;i �� i ONA/l/A/ V A g tj ar if H O m i . 0 s V MIR- O D O H D O L V a V O Q a L O L CL 4) m Q D m Q O s CL O i m a O MIR- V O O O V V m V) V •_ O L Im 11101117 CC AGENDA PACKET PG 47 Eli o° J a 0 mol- U Lm C 0 V lie Q� its^ _ I m t/! E 0 E 0 0 N 0 0 � I Q �G i_ a� a� t/y W 51 to E C t/? 0 ma D 0 u N CL 11101117 CC AGENDA PACKET PG 48 itoJ(�I //i .r q „ ± \ \ �m© ..� � �.: . : > � \ : t, . •lei • Vol u � v v qa c a Elm- LM a rl a L W V a .a a� i a� 1 i u 4) ...q a L CL !q ._ V a u a� u .0 m W i Ole a m 0 a cl -1- Au W a LM CL Z-% Au W a h Q�1 z� a CL Q�1 Ole a m 0 a 0 milm- u 4) 0 AC W E 0 a E t-1� V .0 a a a� .m LUQ�1 a -66- D M. I/I 'j r- i U Ft PIR �: v pral o 1. ,,r �� U rn 9 I'M a 'l r 1� III if a m i j l b6,110 u ry X41 r ft POO • POO • a� u u c�► C c 0 0 MEN momml 0 a V a .0 0 oc 40A 1 r r �r jmmm �V W L. CL !q . NOW WIME �V W 0 A u .0 m i .SC m No— u W Ow" 0 LM CL rIn �rI W L. V , 0 CL Q�1 0 3 0 a Ellow u 0 a c. NOMIN E 0 0. E EIIIEW MOMIN 0 cn ♦� V «0 0 CL 0 0 J Q�1 a LU U. i r. �H W V Q 06 H V 4) OF LM CL .y x W O c Q •_ D WjLIM r!n 11► 1 1r i CL Elm- A� W i W cu CL 06 4) V V •_ co Im w E O how O OINOW u D wo W I(� Y 0 :0. •_ ?3 13 `: 11 c O L O O V u m r r r r r r r r 1 Eg 11101117 CC AGENDA PACKET PG 60 6� a d » > � 2 / 9 cf. 3 , <,\ < } : { < � ./ Updated, October` 9, 2017 _ Rm k1`4 t hgq ct � 4 S .. _lit '44-MMIM - app � w 3, 8 Table mfContents 1' Introduction ........................................................................................................................................... 2 2]. Gender---------------------------------------------2 22. Age .......................................................................................................................................... 2 2�. Po�yotFouU----------_-----------'---'----_—_---- 3 2.4. Primary Factor ........................................................................................................................... 3 3. Recent Bicycle Safety Projects and Activities .................................................................................. 4 3.1. Bikeways ..................................................................................................................................... 4 32 Traffic Signal Bicycle Detection ............................................................................................. S 33. Advocacy Groups ................................................................................................................... o 3.4. BuUd-A-Bike Program ............................................................................................................... 6 3.5. Mobile Phone Application ..................................................................................................... 6 3.6. Outreach ................................................................................................................................... 6 37. Bakersfield Police Department Programs ............................................................................ 6 4. Recent Pedestrian Safety Projects and Activities .............................................................................. 7 4.1. Sidewalk Construction ............................................................................................................. / 42. Sidewalk Evaluation ................................................................................................................. u 4.3. Podeshion Countdown Signal Heads .................................................................................. u 4.4. School Zone|nnpruvernenb---.----------------------------- u 4.5. LED Street Light Retrofit --'------'-----------------_----.9 5. Upcoming Bicycle and Pedestrian Safety Projects and Activities ................................................. 9 ll. Kern Region Active Transportation Plan ---.-------.--------------y 52. 8kcyok* and Pedes hon Safety Pan----.-----------------------. l� 53. Fhont Kern Canal Multi-Use Path ......................................................................................... l0 6.4. Downtown Bakersfield Bicycle Connectivity Project ...................................................... ll 5.5. DowntovvnBnkemfieldPedeshonConnectivityPnoject ---------------- ll 5'6. AJtnsat|nnpruv*rnentProkact ------------------------------- ll 57. FutunaLEDStreetUghtRetrofit ------------------------------'ll 5.8. Grant Opportunities ............................................................................................................... l2 8. Lessons Learned ................................................................................................................................. 12 6]. Continuation of Existing Projects and Activities ............................................................... l2 6.2. Bicycle and Pedestrian Fatality Investigation Team ........................................................ l5 63. Additional Education Programs .......................................................................................... l6 6.4. Bicycle and PedestrionSafety Plan .................................................................................... l6 6.5. Interagency Collaboration .................................................................................................. l6 Attachments A. Bicycle and Pedestrian Fatality Location Map B. Bicycle and Pedestrian Grant Administration l a �a .a . ,� Figure 2: Fatalities by Age 12 - 10 - 8 - 0 Bicyclists 6 E Pedestrians 4 2 A, 0 2.3. Party at Fault The party at fault includes 47 pedestrians and bicyclists (7317o) and 17 drivers (27%). Fatalities by party at fault include 42 pedestrians (76%) and 13 drivers (24%). In addition, fatalities by party at fault include five bicyclists (56%) and four drivers (44%). The fatalities by party at fault are described below. Figure 3: Fatalities by Party at Fault 4S - il 40 - 35 - Vt 30- 25 - 20 15. 10 - $ - EK Drivers vs. Drivers vs. Pedestrians Bicyclists 2.4. Primary factor The primary factor of these fatalities spans across 21 different California Vehicle Code (CVC) violations issued by the Bakersfield Police Department. Below you will find the most common CVC violations, which have a frequency of at least occurrences. 3 11101117 CC AGENDA PACKET PG 65 Figure 4: Fatalities by Primary Factor GYC > Description `Frequency Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an 21954(a) intersection shall yield the right -of -way to all vehicles upon the 37 roadway so near as to constitute an immediate hazard. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right -of -way to any 21802(a) vehicles which have approached from another highway, or 4 which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right -of -way to those vehicles until he or she can proceed with reasonable safety. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with 22107 reasonable safety and then only after the giving of an 3 appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand" symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who 21456 ( b ) has partially completed crossing shall proceed to a sidewalk or 2 safety zone or otherwise leave the roadway while the "WAIT' or "DONT WALK" or approved "Upraised Hand" symbol is showing. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance 21750(a) without interfering with the safe operation of the overtaken 2 vehicle, subject to the limitations and exceptions set forth in this article. 3. Recent Bicycle Safety Projects and Activities The City has recently undertaken various projects and activities that promote bicycle safety. These projects and activities are described below. 3.1. Bikeways Metropolitan Bakersfield has approximately 260 miles of existing bikeways. This network includes approximately 32 miles of shared -use paths, 149 miles of bicycle lanes, and more than 44 miles of bicycle routes, with and without shared lane markings. The City continuously strives to make infrastructure improvements and provide routine maintenance of bicycle facilities to ensure a comfortable and attractive bicycling environment. Since the adoption of the 2013 Bicycle Transportation Plan, the City has aggressively pursued several infrastructure improvements to make bicycling safer and more convenient. For example, the City has completed and /or received funding to construct over 35 miles of Class II and III bike lanes and routes throughout Bakersfield. Cl These infrastructure improvements equate to roughly a 24.7% increase in new mileage within the bicycle transportation network. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. One of the countermeasures is "install bike lanes." Caltrans states this countermeasure reduces up to 35% of bicycle collisions. 3.2. Traffic Signal Bicycle Detection Bakersfield is the only area in Kern County that utilizes traffic signal bicycle detection. Traffic signal bicycle detection reduces delay for bicycle travel and increases convenience and safety of bicycling. Bicycle detection occurs by use of push buttons or by automated means such as infrared detectors, in- pavement loops, or video. Detection of bicycles by traffic signals is important at cross streets, left- turn -only lanes, and other travel lanes where cyclists may encounter challenging crossings or are unable to trigger a green light. 3.3. Advocacy Groups The City collaborates with multiple advocacy groups to promote bicycle and pedestrian safety. For example, Bike Bakersfield, a local non - profit organization and bicycle advocacy group, provides the community with bicycle education to promote safe bicycling. The City recently provided Bike Bakersfield with $10,000 in grant funds to provide several community outreach and bicycle education events. The goal of this agency is to increase the public's awareness of bicycle and pedestrian safety, as well as to educate the community on the benefits of bicycling for health and transportation. The events are comprised of lectures, interactive bicycle skills courses, repair stations, and helmet fitting seminars. These events are open to bicyclists of all ages and skill levels at no cost. Bike Bakersfield also hosts bike education lectures at local elementary, middle, and high schools throughout the school year. More recently, City staff has collaborated with California Walks, a nonprofit organization dedicated to creating healthy, safe, and walkable communities. For example, the City and other local agencies have partnered with California Walks and Berkley SafeTREC to hold a workshop aimed at building community education and capacity to improve pedestrian and bicycle safety. Local agencies, including City staff, joined residents to learn and identify ideas and best practices for making walking and biking safer in the community. Finally, the City holds monthly Kern County Bicycle and Pedestrian Safety Coalition meetings at City Hall North. This coalition is comprised of stakeholders including, but not limited to, the City of Bakersfield, County of Kern, Bike Bakersfield, Golden Empire Transit (GET), and Kern Council of Governments. The coalition discusses a variety of bicycle and pedestrian related topics, which is primarily based upon the geographic boundary of the Bakersfield Metropolitan area. 5 3.4. Build -A -Bike Program The City's Recreation and Parks Department offers a Build -A -Bike Program for children ages nine through 13 several days per week at the Dr. Martin Luther King Jr. Community Center. The program offers a hands -on education where children learn how to build their own bikes, as well as the fundamentals of bicycle repair, maintenance, and safety. To operate the program, the Bakersfield Police Department donates unclaimed stolen bicycles; Snider's Cyclery provides discounted parts and materials; and Bike Bakersfield provides an instructor. Participants are also able to practice their bicycling skills by participating in bike rodeos. Those who successfully complete the program may keep their customized bike. Finally, children receive safety equipment, such as bicycle locks and helmets. 3.5. Mobile Phone Application The Bakersfield mobile application allows users to report service- related issues from their cell phones. These issues include road hazards such as traffic signal and street light outages, potholes, and other conditions that impede safety. Issues can be reported through photos, video, audio or email messages. The application uses geo- tagging technology to provide the location, simplifying the reporting process for users while increasing the reliability of the report location for the service crews. 3.6. Outreach City staff encourages safety through conducting community outreach to solicit ideas on potential bicycle and pedestrian related projects. Outreach ensures City staff is pursuing potential projects that align with the community's needs. For example, just within the last calendar year, City staff collaborated with Bike Bakersfield, Downtown Business Association, Bakersfield Young Professionals, Public Health Institute, Kern County Public Health Department, Kern County Bicycle and Pedestrian Safety Coalition, Greater Bakersfield Chamber of Commerce, Downtown Bakersfield Development Corporation, Golden Empire Transit (GET), and Bakersfield High School District. City staff also attended and presented at events including, but not limited to, a Full Moon Ride, Bike Festival, young professional luncheon, and various board meetings. 3.7. Bakersfield Police Department Programs _ The Bakersfield Police Department (BPD) has offered several programs that promote bicycle safety in the community. Bicycle rodeos are provided to various schools, local organizations, and at department functions, such as National Night Out, where attendees go through a practical road course designed to promote roadway safety. Bicycle helmets are provided to those in need during bicycle rodeos. Bicycle and pedestrian safety assemblies are offered at local elementary, middle, and high schools as a means to promote safety awareness. 1 Over a dozen civilian employees and officers who assist with bicycle safety programs have attended a Traffic Safety 101 course, which is taught by a League of American Bicyclists Instructor. In addition, some officers have also attended the Lifesavers National Conference on Highway Safety Priorities and POST certified Accident Investigation courses. Finally, the BPD works with the Office of Traffic Safety to obtain grant funds, which helps provide funding for these programs and activities. 4. Recent Pedestrian Safety Projects and Activities The City has recently undertaken various projects and activities that promote pedestrian safety. These projects and activities are described below. 4.1. Sidewalk Construction Most of the public right -of -way has sidewalks. Areas that typically lack sidewalks tend to be older neighborhoods and eligible for federal Community Development Block Grant (CDBG) Program funds. Since 2014, the City has funded over $8,806,000 in CDBG funds for pedestrian improvements. These projects are described below. Figure 5: CDBG- Funded Sidewalk Projects " Piojec #= Fvnided =, Fiscal Year La France/El Toro Area Curb, Gutter, Sidewalk $273,441 2017 -18 Oleander Area Curb, Gutter, Sidewalk $500,000 Union - Brundage Area Curb, Gutter, Sidewalk, Drainage E California Area Curb, Gutter, Sidewalk $602,027 2017 -18 Union /Brundage Area Curb, Gutter, Sidewalk, Drainage $605,860 Oleander Area Curb, Gutter, Sidewalk E California Area Curb, Gutter, Sidewalk $301,212 2017 -18 Lake Street Area Curb, Gutter, Sidewalk $601,593 Baker /Old Town Kern Curb, Gutter, Sidewalk E California Area Curb, Gutter, Sidewalk $301,212 2017 -18 E Truxtun Area Curb, Gutter, Sidewalk $600,000 El Toro Area Curb, Gutter, Sidewalk Southeast Area Schools Pedestrian Improvements $500,000 2016 -17 Union /Brundage Area Curb, Gutter, Sidewalk, Drainage $735,016 Union /Brundage Area Curb, Gutter, Sidewalk, Drainage $520,580 2016 -17 Oleander Area Curb, Gutter, Sidewalk $300,000 2016 -17 Castro Area Curb, Gutter, Sidewalk $300,000 2016 -17 P Area Curb, Gutter, Sidewalk $142,032 2016 -17 Madison Area, Curb, Gutter, Sidewalk $300,000 2015-16 In addition, the City has partnered with Golden Empire Transit (GET) utilizing Transportation Development Act funds to construct sidewalks and access ramps near and adjacent to bus stops throughout Bakersfield. Collectively, the City has received an allocation of $1,000,000 for these improvements in Fiscal Year (FY) 2015 and 2016. The City also incorporates access ramp improvements within roadway resurfacing and reconstruction projects to improve accessibility to sidewalks at intersections. 7 Oleander Area Curb, Gutter, Sidewalk $500,000 2015 -16 E California Area Curb, Gutter, Sidewalk $365,272 2015 -16 Union /Brundage Area Curb, Gutter, Sidewalk, Drainage $605,860 2015 -16 E California Area Curb, Gutter, Sidewalk $853,693 2014 -15 Lake Street Area Curb, Gutter, Sidewalk $601,593 2014 -15 E California Area Curb, Gutter, Sidewalk $725,000 2014 -15 E Truxtun Area Curb, Gutter, Sidewalk $600,000 2014 -15 Southeast Area Schools Pedestrian Improvements $280,000 2014 -15 Union /Brundage Area Curb, Gutter, Sidewalk, Drainage $735,016 2014 -15 i i 4.2. Sidewalk Evaluation The City has contracted with the firm, Disability Access Consultants (DAC), as part of the City's Americans with Disabilities Act (ADA) Transition Plan. Through this plan, the City has been working towards evaluating aspects of the public right -of -way, including paths of travel, intersections, curb ramps, and sidewalks. DAC examines obstructions caused by street furniture, widths of sidewalks, ramp inclines, and other ADA issues. City staff is currently entering into the next phase of this evaluation, which includes examining approximately 200 miles of high pedestrian /traffic areas near hospitals, schools, parks, commercial centers, and issue - identified areas such as the path of travel to renovated Golden Empire Transit (GET) bus stops. 4.3. Pedestrian Countdown Signal Heads The City has been proactively installing pedestrian countdown signal heads. A pedestrian countdown signal contains a timer display and counts down the number of seconds left to finish crossing the street. These signals encourage pedestrians to use the push button rather than jaywalk. Over the last five years, the City has successfully obtained over $492,000 in Caltrans' Highway Safety Improvement Program (HSIP) funds toward construction of these projects. The most recent allocation of HSIP funds will convert the remaining signals citywide into pedestrian countdown signal heads. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. One of the countermeasures is "install pedestrian signal countdown heads." Caltrans states this countermeasure reduces up to 25% of pedestrian and bicycle collisions. 4.4. School Zone Improvements The City undertakes various activities around schools to promote pedestrian safety before the beginning of each school year. The activities include: • The Bakersfield Police Department (BPD) increases enforcement in school zones; ® The BPD recently released a public service announcement regarding pedestrian safety. The video can be viewed on BPD's webpage and on social media such as Facebook, Twitter, and YouTube as well; • The City continuously applies for grants to provide safe routes to school to construct flashing beacons at crosswalks, sidewalks to missing segments, and improve ADA access to curb returns; • The Public Works Department undertakes maintenance and /or capital projects during the summer in order not to interfere with school; 8 • The Public Works Department, Solid Waste Division, holds its annual tailgate safety briefing where "back to school" hazards are discussed; and • The Public Works Department, General Services Division, repaints the "slow school xing" and crosswalks around schools. 4.5. LED Street Light Retrofit Over the past several years, the City has been retrofitting existing high - pressure sodium street light fixtures with LED fixtures. In most cases, the LED street lights are an equal replacement of the previous streetlights in terms of light measurement. However, LED fixtures reduce glare by providing better directional lighting on streets and sidewalks and improve color rendition on streets and sidewalks. The LED fixtures also shed light along the roadway, increasing visibility in dark spots between street light poles. Research shows this white light provides improved visibility, thereby creating a safer environment for all users of the City's right -of -way. Since 2014, the City has retrofitted over 800 streetlights. This includes retrofits in high traffic areas including Ming Avenue, Gosford /Coffee Road, downtown and Old Town Kern. An additional 225 streetlight LED retrofits are currently underway within the Westchester area and east Bakersfield areas that will be completed by early 2018. As of 2014, LED streetlight fixtures are required for all new development where City -owned streetlights are necessary. 5. Upcoming Bicycle and Pedestrian Safety Projects and Activities Besides undertaking various safety projects over the last several years, the City currently has multiple upcoming activities as well. These projects and activities are further described below. Finally, please note City staff is continuously exploring additional bicycle and pedestrian safety opportunities. 5.1. Kern Region Active Transportation Plan The City, in partnership with the Kern Council of Governments and several other jurisdictions, are developing the 2017 Kern Region Active Transportation Plan. The plan promotes walkable and bicycle friendly environments in the cities and unincorporated areas of Kern County. The plan specifically aims to: • Identify barriers and innovative solutions to encourage walking and bicycling as viable travel modes; • Develop safe and convenient walking and bicycling networks for people of all ages and abilities; • Effectively build on recently completed and current active transportation planning efforts; 9 • Develop walking /bicycling networks supportive of existing and future land uses and projects; • Develop an implementation strategy with practical and financially feasible projects matched to specific funding opportunities; and • Create enthusiasm among residents to participate in this effort through a robust and multi- faceted community outreach process. The City contributed $30,000 in Rose Foundation grant funds toward creating this plan. In addition, City staff has been highly engaged throughout the development process. The plan will be presented for City Council consideration on November 1, 2017. 5.2. Bicycle and Pedestrian Safety Plan Under Senate Bill 1 (Road Repair and Accountability Act of 2017), there is an annual allocation of $25 million for sustainable communities grants to encourage local and regional transportation planning efforts. About half of these funds are allocated by formula to metropolitan planning organizations and the other half available competitively. The City will submit a grant application to conduct a Bicycle and Pedestrian Safety Plan. The proposed plan would include, but is not limited to, identifying locations that have a high potential for collisions and recommending improvements to said locations. City staff is currently working on a grant application that is due October 20, 2017. 5.3. Friant Kern Canal Multi -Use Path The City, with the Bureau of Reclamation's approval, is proposing to construct a six -mile shared -use path along the Friant Kern Canal from the Kern River Parkway to Seventh Standard Road. The path increases connectivity to parks, schools, community centers, and major commercial /retail centers. In addition, the proposed path creates a north - south connection to the Kern River Parkway, which is already an existing east -west connection. Essentially, residents could traverse from the northwest to the downtown area (and beyond) almost entirely on a completely separated pathway. City staff is working with the Bureau of Reclamation on conducting the environmental clearance. In addition, City staff will be submitting an application for a railroad crossing in the near future. These activities are anticipated to be completed by spring 2018. Construction of the project is contingent upon available funds. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. An applicable countermeasure for the project is "install sidewalk /pathway." Caltrans states this countermeasure reduces up to 80% of bicyclist and pedestrian collisions. 10 5.4. Downtown Bakersfield Bicycle Connectivity Project The City will receive $1,367,000 in Caltrans' Active Transportation Program grant funds for the Downtown Bakersfield Bicycle Connectivity Project. The project includes adding 19.05 miles of new Class II bicycle lanes and Class III bicycle routes; installing 80 bicycle parking and storage racks; and establishing a bicycle sharing program with 20 to 25 stations for 100 smart bicycles. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. One of the countermeasures is "install bike lanes." Caltrans states this countermeasure reduces up to 35% of bicycle collisions. Project funds are available beginning July 2019; however, the City may have the ability to access funds sooner. 5.5. Downtown Bakersfield Pedestrian Connectivity Project The City will receive $1,032,000 in Caltrans' Active Transportation Program grant funds for the Downtown Bakersfield Pedestrian Connectivity Project. The project closes gaps, provides connections, and encourages pedestrians to use active modes of transportation within the downtown area by adding 128 access ramps, constructing 3,615 linear feet of sidewalks, and improving a pedestrian island and median at Chester Avenue and 22 "d Street. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. An applicable countermeasure for the project is "install sidewalk /pathway." Caltrans states this countermeasure reduces up to 80% of pedestrian collisions. In addition, another applicable countermeasure is "install raised medians (refuge islands)." This countermeasure reduces up to 45% of pedestrian collisions. Project funds are available early next calendar year. 5.6. A Street Improvement Project The City will receive $1,055,000 in Caltrans' Active Transportation Program grant funds for the A Street Improvement Project. The project includes adding approximately 42,000 square feet of sidewalks, 29 handicap access ramps, and 1,000 lineal feet of curb and gutter. The project is located primarily along A Street between Brundage, Lane and San Emidio Street. Caltrans' Local Roadway Safety Manual identifies safety countermeasures that address collisions. An applicable countermeasure for the project is "install sidewalk /pathway." Caltrans states this countermeasure reduces up to 80% of pedestrian collisions. The project should be completed this calendar year. 5.7. Future LED Street Light Retrofit City staff is currently evaluating opportunities to retrofit the remaining streetlight fixtures in two phases. The first phase involves evaluating the City's ability to utilize Pacific Gas and Electric's on -bill financing program to begin to retrofit over 1,100 streetlights ai City- operated intersections. The second phase is projected to retrofit the remaining 14,000 streetlights. City staff is researching available funding mechanisms to complete the second phase, including an energy efficiency financing program offered through the California Energy Commission. 5.8. Grant Opportunities The City continuously pursues grant opportunities that support bicycle and pedestrian safety. The City has successfully obtained grants from agencies and corresponding programs that include, but are not limited to: • Caltrans' Highway Safety Improvement Program; • Caltrans' Congestion Mitigation and Air Quality Improvement Program; • Caltrans' Active Transportation Program; • San Joaquin Valley Air Pollution Control District's Remove II Program; • Rose Foundation's Kern County Air Pollution Mitigation Fund; • Kern Council of Governments' Transportation Development Act Article 3; • Office of Traffic Safety's Bicycle and Pedestrian Safety Program; Recent bicycle and pedestrian grant efforts can be found on Attachment B. 6. Lessons learned After reviewing the data and recent and upcoming projects and activities, there are multiple lessons learned and follow -up actions moving forward, which are described below. 6.1. Continuation of Existing Projects and Activities First and foremost, City staff has learned it should continue to pursue its existing bicycle and pedestrian programs and activities, including: • Install Bikeways: The City has multiple grant- funded projects in progress to increase bikeways in Bakersfield. City staff will continue to move these projects forward and aggressively pursue other grant funds as well. In addition, following the upcoming review and approval the draft 2017 Kern Region Active Transportation Plan, City staff will have additional bikeway options to pursue grant funds. Finally, besides continuing bikeways, City staff will explore other design options, including: o Class II Buffered Bicycle Lanes: Buffered bicycle lanes are bicycle lanes paired with a designated buffer space, separating the bicycle lane from the adjacent motor vehicle travel lane and /or parking lane. Buffered bicycle lanes are designed to increase the space between the bicycle lane and the travel lane and /or parked cars, with a goal of providing more comfortable conditions for bicyclists. This treatment is appropriate for bicycle lanes on 12 roadways with high motor vehicle traffic volumes and speeds, adjacent to parking lanes, or a high volume of truck or oversized vehicle traffic. Figure b: Class II Buffered Bicycle Lanes in Cleveland, OH (Left), and Portland, OR (Right) o Class III Bicycle Boulevards: Bicycle boulevards are usually low- volume, low - speed neighborhood streets modified to enhance bicyclist comfort and safety by adding signage, pavement markings, traffic calming and /or traffic reduction. These improvements allow through bicycle movements while discouraging motorized through- traffic. They are typically comprised of signed shared routes, but also may include segments of bike paths, lanes, or cycle tracks. Figure 7: Class III Bicycle Boulevard in Palo Alto, CA o Class IV Cycle Tracks: A separated bikeway, or cycle track, is an exclusive bicycle facility that combines the user experience of a separated path with the on- street infrastructure of a conventional bicycle lane. A cycle track is physically separated from motor traffic and distinct from the sidewalk. Separated bikeways have different forms, but all share common elements: they provide space exclusively intended or primarily used by bicycles, and physically separated from motor vehicle travel lanes, parking lanes, and sidewalks. In situations where on- street parking is allowed, cycle tracks may be situated on the curbside of the parking. 13 Figure 8: Class IV Cycle Tracks in Davis, CA (Leff), and Washington, DC (Right) • Collaborate with Advocacy Groups: The City will continue to collaborate with bicycle and pedestrian advocacy groups on education and safety related matters. As previously mentioned, City staff currently works with advocacy groups including, but not limited to, Bike Bakersfield, California Walks, and the Kern County Bicycle and Pedestrian Safety Coalition. • Build -A -Bike Program: The City will continue to fund the Build -A -Bike Program at Martin Luthur King Jr. Community Center. Again, the program offers a hands -on education where children learn how to build their own bikes, as well as the fundamentals of bicycle repair, maintenance, and safety. The City will continue to provide funding for the program, and complement said program with grant funds. For example, the City recently received $6,000 in Transportation Development Act Article 3 grant funds, which will be used to purchase equipment including, but not limited to, helmets, gloves, and spare parts (e.g., chains and tires). • Outreach: The City will continue to conduct outreach to those interested in bicycle and pedestrian safety within the community. Besides collaborating with advocacy groups, City staff will outreach to schools, residents, and other groups to determine the scope of various grant opportunities. For example, Caltrans' Active Transportation Program has historically required outreach to identify and /or revise the scope of grant applications in order to ensure jurisdictions are meeting community needs. City staff will continue this outreach; especially, considering the upcoming appropriation of grant funds through this program. • Bakersfield Police Department Programs: The Bakersfield Police Department (BPD) will continue to offer several programs that promote bicycle safety in the community. Bicycle rodeos are provided to various schools, local organizations, and at department functions, such as National Night Out, where attendees go through a practical road course designed to promote roadway safety. Bicycle and pedestrian safety assemblies are offered at local elementary, middle, and high schools as a means to promote safety awareness. Finally, the BPD will continue to apply for grants from the Office of Traffic Safety, which helps provide these programs and activities. 14 • Sidewalk Construction: The City has allocated over $8,806,000 in Community Development Block Grant (CDBG) Program funds for pedestrian improvements over the last four years. City staff will continue to identify CDBG- eligible sidewalk projects annually. In addition, the City has partnered with Golden Empire Transit (GET) to construct $1,000,000 worth of sidewalks and access ramps adjacent to bus stops throughout Bakersfield. The City will continue to construct these pedestrian improvements in a timely manner. Finally, the City will continue to incorporate access ramp improvements to roadway resurfacing and reconstruction projects to improve accessibility to sidewalks at intersections. • Sidewalk Evaluation: The City will continue to contracted with the firm, Disability Access Consultants, as part of the City's Americans with Disabilities Act (ADA) Transition Plan. City staff is currently entering into the next phase of this evaluation, which includes examining approximately 200 miles of high pedestrian /traffic areas near hospitals, schools, parks, commercial centers, and issue- identified areas such as the path of travel to renovated Golden Empire Transit (GET) bus stops. • School Zone Improvements: The City will continue to make school zone improvements prior to the beginning of school years. Improvements include, but are not limited to, increasing enforcement, providing maintenance and /or capital projects during the summer months, and repainting "slow school xing" and crosswalks around schools. • Future LED Street Light Retrofit: City staff is evaluating opportunities to retrofit the remaining streetlight fixtures in two phases. The first phase involves evaluating the City's ability to utilize Pacific Gas and Electric's on -bill financing program to begin to retrofit over 1,100 streetlights at City- operated intersections. The second phase is projected to retrofit the remaining 14,000 streetlights. City staff is researching available funding mechanisms to complete the second phase, including an energy efficiency financing program offered through the California Energy Commission. 6.2. Bicycle and Pedestrian Fatality Investigation Team Following a bicyclist or pedestrian fatality, City staff across multiple departments should collaborate on each accident. A Bicycle and Pedestrian Fatality Investigation Team (Team) should include, but is not limited to, City staff from the City Manager's Office, Bakersfield Police Department, and Public Works Department. The purpose of the Team is to examine the cause of each accident and identify ways to mitigate future accidents at the some location through environmental design, enforcement, etc. Team recommendations would be provided to the City Manager in form of a memorandum. Implementation of recommendations would be contingent upon available funds. 15 6.3. Additional Education Programs As previously mentioned, pedestrians and bicyclists are the parties at fault for 73% of the fatalities over the last four years. In fact, a vast majority of the fatalities are caused by not using proper crosswalks and /or crossing procedures. City staff will explore grant opportunities for bicycle and pedestrian education programs. The draft 2017 Kern Region Active Transportation Plan recommends supporting and expanding existing programs, and establishing new programs to create a larger toolkit of non - infrastructure activities. In addition to existing efforts, additional programs may include: • Promote Good Road User Behavior Programs: A public awareness campaign encourages road users to abide by local laws, to be courteous to other users, and promote safe behaviors and actions. They can be targeted at just one user type (e.g., cyclists) or multiple users. Local resources for conducting a public awareness campaign can be maximized by assembling a group of local experts, law enforcement officers, business owners, civic leaders, and dedicated community volunteers. These allies could assist with successful safety campaign goals based on the local concerns and issues. It may be necessary to develop creative strategies for successful media placement in order to achieve campaign goals. • Offer Bicyclist /Pedestrian Legal Training: Legal training and education allows pedestrians and bicyclists to learn about their rights and responsibilities as road users. These programs offer free legal clinics, handouts and legal guides, and provide information on state and local laws. This information is valuable to all road users and creates an informed community around important bicycle and pedestrian laws. 6.4. Bicycle and Pedestrian Safety Plan After reviewing the Bicycle and Pedestrian Fatalities Map, many of the accidents occurred along the some roadways and /or general vicinity. As previously mentioned, City staff will pursue Caltrans' Sustainable Communities Grant Program for a Bicycle and Pedestrian Safety Plan. The proposed plan would include, but is not limited to, identifying locations that have a high potential for collisions and recommending improvements to said locations. City staff is currently working on a grant application that is due on October 20, 2017. 6.5. Interagency Collaboration After reviewing the Bicycle and Pedestrian Fatalities Map, a concentration of the accidents occurred along Union Avenue. Since Union Avenue crosses both City and Caltrans boundaries, City staff recommends interagency collaboration between both parties to identify potential safety countermeasures. This recommendation may be included as part of the proposed Bicycle and Pedestrian Safety Plan; however, City staff will collaborate with Caltrans staff regardless if fhe plan is funded or not. 16 Bicycle & • Pedestrian Fatalities Map (20 14 - Present) qv Z �A- _7 �4— H 7,� °3 L I 17 FM 4, 0 4 V- I 1-a U L 0 iq- A-4 T f , L7 —"k L 4- - 4 jq T! 45, 41, VERMOSA RD L PANAMAlil ------ k T:A -A V M Bicycle Incident < -MC 0 2 Miles Pedestrian Incident City Limits - - ----- ----- ----- TAFT 11/ 1/17 CC AGENDA PACKET PG 80 City of Bakersfield Bicycle and Pedestrian Grant Administration Page 1 of 4 Last Updated: October 9, 2017 Grant Adi- Ir...p.rfinfl— Program (ATP) Funding Agency-, Calirons Purpose: To encourage increased use of active modes of transportation by achieving the following goals: increase the proportion of hips accomplished by biking and walking: increase safety and mobility for non- moloraed users: advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction gook enhance public health: ensure that disadvantaged communities fuliyshore in the benefits of the program: and provide a brood spectrum of projects to benefit many types of active trampartalion users. Future Gmrds Call for project (Spring 20181 and deadline (May or June 2018) Proposed Future Grant Subm1891onz: TBD Application Hrslo See below ,1Bired)Pmjid ' Downtown Bic c9e Connectivity Project " #mJlict Various bps npllan Bike share o ram: 19.05 miles of bike lanes. bike . parking and storage FsaA , ,. Nike," FY 19/20 `Award : $1,367.000 C•rginMr $1.367,00D jtoles Grant awarded Downiovm Pedestrwn COnnectivi Project Various Imfall 128 access ram i. 3,615 line. feet of sidewalks, and ed island FY 17118 1.032.000 1.032.000 Grant awarded Sheet lm ovemenis- A Street SW, C &G Install sidewalks and handic ram on A St. from Brunda a to Chester FY 16/17 $1,100.000 $1.100,001) Estimated completion: 12/17 North Bakersfield Bic le Connectivity Project Class 11 and 111 Construct 17.5 miles of bic cle lanes and routes in and around downtown FY 16/17 N/A $522.000 Did not receive rant School District Trans. Enhancement Program Program bike education and encoura emen'-a.-- Bike Bakersfield FY 16117 N/A i85,OD0 Did not receive ant Sheef In ovemenis- Frank West Elementary SW. C &G install sidewalk and handica ra salon Benton and Wikon FY 15/16 $311,850 $311.850 Cont leted 2016 Sheet lm r0 amenis- Roosevelt Eiementar SW, C &G Install sidewalk and handicap romps along A St. FY 15116 N/A 602.750 Did not receive rant Bike Lane and Route Ro' h- Group A Class 11 and 111 Bakes Bernard. Pacheco, Potomac. Belle Terrace. M. 17th. and Beale FY 15/16 NIA $425.000 Did not receive rant Re and Route Pro'ecl -Grou C Class II and 111 Kentuc . Flower, Niles, 4th St, Watts, Bernard, 22nd, Madison, and Kin FY 15/16 N/A $405,000 Did not receive rant LL Bike Lane and Route Projects - Group B Class 11 and ill 8erkshke. Hale ,Billed. Pin Oak, Weshvold. H in Oaks. Lourelalen FY 15/16 N/A 270.000 Did not receive Grant Street Flash Beacon- Liberty High Flash Beacon install yellow flashing beacon on Jewetto near Brimholl FY 14/15 N/A $171,800 Did not re-app2 Included in FY 15/16 CIP cam leted in 2016 Street Improvements - SfocWale Hi .h Flash Beacon install ellowflashIn beacon on While near Buena Yeta FY 14 (15 N/A 384,000 Did not receive ant Grant fated to Ken COG on formula balls) Program ' Fundin A en . U.S. De riment of Trans ofion. Federal Hi hwa Adminitr -ion Fundin a ro Mitigation Purpose: To reduce congestion and improve air quality for seas that do not meet the National Ambient Au Quality Standards (NAACZSI for ozone. carbon monozrtle, or particulate matter- nonattainmeni areas, and for areas that were out of compliance but have nowmet the siandards-maintenance areas. Eligible activities related to bicycles include projects or programs that shift hovel demand to nonpeak hours or other transportation modes, increase vehicle occupancy rates, or otherwise reduce demand through Initially— and non - recreational bicycle transportation and pedestrian improvements that rovide a Ieducfwn in sin_ le-occu ant vehlde travel. Future Granite TBD Proposed Future Grant Submissionr. ieD A fi ah n HWono See below . •; h�silf +naeci ' Fiolict ;' •.: � ' .-D•acrlfdian Yus�ii0�.. "Jeac s. F AsSmry1'. 'llmburii•:.. :PnOTnser #sHirloi� � -' , -?letu NewTraff�c Si nal Sffne and McKee Traffic Signal Traffic s not at Stine and McKee FY 17/18 250,000 $250,O00 Received ant Truxtun Wrdenin Traffic Lanes O erational im rovements along Truxtun bet een Em 're and Oak FY 16/17 $3.000,000 $10MLIDD Received ant New Traffic Signal Dlhict and Grissom Traffic Si al New traffic si nal at District and Grissom FY 16/17 $250,000 $250,000 Received ant Brunda Si not Interconnect Interconnect Interconnect on Brundage between H and P Slreeh FY 17/18 N/A $150,000 Did not receive rant Brimholl Signal Interconnect Interconnect Interconnect tram Jevsffa and Callowa and Harvest Creek and Coffee FY 17/18 N/A $350.000 Ditl not receive ant New Traffic Signal (Brimholl and Rein- Traltic Signal Traffic sign -1 at Brimholl and Reines with interconnect Reino and Alan FY 17/18 N/A $670,000 Did not receive ant Coffo —cis. Momin , and Old River C 1 II /shoulder Insia116' awed shoulder on Cottonwood. Morning. and Old River FY 14/15 $692,000 $785,700 Completed 2015 Bke Lanes: Belie Terrace. Huahes, and East 21 s1 Class If Insfali Class II bike lanes on Belle Terrace. Huahes. and E 21st FY 12/13 $35.001) 35.000 Com leied 2014 Bike Lanes: Alto Vista. Haley. and 30th Class 11 Install Class II bike lanes on Alfa Vista. Hale .and 30th FY 12/13 $60.000 $60.000 Completed 2014 City of Bakersfield Bicycle and Pedestrian Grant Administration Page 2 a' S Last Updated: October 9.2017 Funding Agency: U.S. De arfinent of Transportation. Federal Highvvas, Administafion Purpose: To achieve a significant reduction in traffic faidif. .e and serious injuries an all public roads. Eligible activities must be a highway safely improvement project that is any strategy, activity or project on a public road that is consistent with the data- driven State Strategic Highway Safety Plan and corrects or improves a hazardous road location or feature or addresses a highway safety problem. Workforce development, training, and education activities are also an eligible use of HSIP funds. Future Grantr. TBD Proposed Future Grant Submissions: TBD Application Hisao , See below D ncriptkm F ?^ - silkinnifl- -, A - Ped Coun }down heads -60 intersections Ped Si Heads Install Pedestrian Countdown Heads at 60 intersections- Northwest FY 16/17 $183,000 $183.000 G ant awcrded Ped Counidovm heads -60 intersections Pod Heads Install Pedestrian Countdown Heads a160 intersection- Southeast FY 16117 $158,600 $158,600 Giant.w.rded Ped Counidovm heads -60 intersections Fed Sin Heads Install Pedestrian Countdown Heads at 60 intersections - various locations FY 15116 $72.660 $150,000 Completed 2015 Ped Countdown heads -20 intersections Ped Sig Heads Install Pedestrian Countdown Heads at 20 intersections- various locations FY 13/14 $41.040 $60.000 Completed 2014 ,Po Countdown heads -20 intersections Ped Si Heads Insiall Pedestrian Countdown Heads at20 intersections - various iocafions FY 12/13 37.422 60.000 ICompleiecl 2013 Funding Agency-, San Joaquin Valley Arc Pollution Control District Pwpox: To secure long -term air quality benefits by introducing clean -air technology and strategies on the local level. Accordingly, support regional projects that reduce emissions generated from mobile sources to help the District reach its attainment goals and improve the Valley's au quality for Its residents. Eligible activities related to bicycles include further developing a regional bicycle commuting netvmrk. Future Grants: TBD Proposed Future Grant SubMulonz: TBD City, Application Hid. .See below Sh..tltmasaU. `Pfo]se1 '' _ D.xrlphoo• _ fum9n9' *_�taar.- Award • ' ,Arnpu� ' CveyltNii : titiodb -,�- ' s�lotisl Centennial/Weshide Park Mufti -Use Path RIP Class I Construct mullf"se path FY 15/16 N/A 3,549,177 Did not receive rant Baker Sheet: California to Bernard Class 11 Install Class 1161ke lane along Baker from California to Bernard FY 15 /ib $11.307 78.000 Declined: wail apply under different rant Belle Terrace: Stine to Madison Class II Install Class II bike lane olona Belle Terrace from Stine to Mad'¢on FY 15/16 $11,307 $129.000 Declined:,Mll apply under different grant Calloway Weir Bike Path Class I Construct bike path over Calloway Weir far Kern River crossing FY 14/15 1 $39274 $50,200 Completed 2016 City of Bakersfield Bicycle and Pedestrian Grant Administration Page 3 of 4 Last Updated October 9. 2017 Grant Fund in A en . San Joa uin Valle Air Pollution Control District include consfracting Gass I bicycle hails /paths and Purpose: To encourage the development and expansion of bicycle transportation facilities that promotes the use of bicycles as a safe and viable transportation alternative. Eligible activities striping Class 11 bicycle lanes. Future Grants: Ongoing Preposed Future G.,d Submissions. TBD A N Bon HbfM. See below _ ., 11 77 Grant awarded None a Rood and Verdu o Lane Class II Nof a Road IJewetta to Collowa) / VerdU.o Olive to Hageman FY 15/16 $94.200 94.200 Riverlakes Drive -Olive to Coffee Class II Riverlakes Drive- Olive to Coffee FY 15116 $65,500 $66200 Grant awarded Cla Patrick Fan Wa And Meacham Road Clas II CPF Wy. Ho emon to Rosedale / Mechom Rd. (CPF W .TO Callaway) FY 15/16 $61.600 1166,600 Estimated Completion: 11 Ji7 Harris Road - Wtble to Gosford C1as II Harris Rd. Bike Lane - Wale to GOSford FY 14/15 57,710 $80,OOO Estimated completion: 11 /17 Harr¢ Road - Gasford fo Buena Yates Class II Harris Rd. Bike Lane- Gosford to Buena Vista FY 14/15 $47,000 $47.000 Estimated completion : 11117 Fundin Arse. e . CaBrans a o fated io r 'on formula: com ififve within re ion • s Transportation Fund and the State Transit Assistance fund (STAJ. A portion of the funds are allocated far the Purpose: To develop and rapport pubfic hansporfation needs that exist in California through tyro major funding sources: the Local (LTF) exclusive use of pedestrians and bic Iles, including bicycle safety education programs. Future Grants: TBD Proposed Future Grant Submission: TBD AERLIcation Hist See below ., y P,r °jecf x t ' 'F 'PueMBs➢ .,. Wend;' ; ieglni�.M1 �ji�e +� Sk +el /P.te � FY 17118 $113.400 $113AOD ..... Grant awarded funded over two ears Pedestrian Improvmentr. Brundage a Lone Pad Im rov. Pedesfr'wn Ira ovemenls on Brunda from Oak to Pine Sheet Kern River Bike Path Rehab Class I Bike ih between the Kem River Bike ih and 21 Sfreef FY 17118 39,980 $39,980 Grant awarded Kern River Bike Path Rehab Class I Bike path between Manor to Alfred Hanell Hih—v FY 17118 702,589 $102.589 Grant awarded Downtown Bike Parking Bike Parking Install decorative bike porkin in the downtown area FY 17/18 $6,000 6.000 Grant awarded Build -A -Bike Pro ram Pro ram E ui ment far Mke safe and education o rom FY 17118 6.ODD 6.000 Grant owardetl Bike Lanes: Bakersfield Colle Are. Class 118111 Irrsfoil Class 11 and III around the Bakersfield College area FY 76117 $107,450 $107,450 Grant awardetl Bike Pro ram: Bike Bakersfield Pro ram Various bicycle education activities throw h Bike Bakersfield FY 76/17 $10.000 $10,000 Grant awarded Downtown Bike Peskin Bike Pankin Install decorative bike arkin in the downtown area FY16117 $15,D00 15.000 Grant awarded Bike Lanes: A Sheet and Brunda a Lane Class Ii 8111 Install Class 11 bike lane on Stockdole H from Renfro to Allen FY 15116 $138.000 $138.000 Estimated desi n complefion: 08/16 Kern River Bike Path Rehab Class I Buena Vista Rd. to Coffee Rd. FY 15116 - 16117 125.000 $125.000 Estimated desi n com letion: O8/16 Downtown Bike Parkin Bike �Parvno Imiall decorative bike parking in the downtown area FY 15/16 $124 00 $12,OOD Completed 2016 Build- A-Bike Pro ram Pro ram Equipment for bike safety and education reason FY 15116 $1400 $1.000 Completed 2016 Bike Lanes: Various in Southwest Class II Install Class II bike lane on Laurel len. Halt Moon. Weslwold, etc. FY 15116 $46.333 $48,333 Completed 2016 Bike Lanes: Akers - McKee to Wilson Class II Install Cl— II bike lane on Akers from McKee to Wilson FY 14 /I S $111.051 $123,200 Completed 2015 Bike Lanes: Ha in Oaks - Min to Camino Media Class II Install Class 11 bike lane on Ha in Oaks from Mina to Camino Media FY 14/15 12,500 12,500 Com iefed 2076 Bike Lanes: Stockdale - Renfro to Allen Class II Install Class 11 bike lane on Stockdale N hom Renfro to Allen FY 14/15 25.100 $25.100 Completed 2016 Bike Lanes: Snow- Allen to Norris Class II Install Class Il bike lane on Snow from Allen to Norris fY 14/15 $25,200 $25200 Completed 2016 Ped Countdown Sia Heads: 50 fee Ped Si Heads Install edeshian countdown heads at 50 intersection - various locations FY 14)15 $52.090 $79.060 Com lefed 2015 City of Bakersfield Bicycle and Pedestrian Grant Administration Page 40 ' Last Updated: Octotdeir9.2017 i Grant Funding Agency: 5 at. Office of Trafficm. l_.?; Office fTaffi. Safety r Bi.y.f./P.d.airan Safety �nd Edue.fitan Pulp..: To fund ed.cafi.nal and enforcement progiorm, related to alcohol and drug impaired driving, distracted driving, emergency medical services, motorcycle safety. occupant protection, older drivers, pedestrian and bicycle sdfeiy._ aduo.fi.n, and police traffic services. Future Grants: TBD 2g nl S.birrillul.n. TIED See be[— fficycle/Peciesirlon Safety and Education JEd..aJU.n Provide bicycle/pedeski safety and education ..Ur,as IFY I 161.13 awarded Bicycle/PedesiTian Safety and Education lEducalion PEde bicyal./pooletri'n safety and education courses j5/j I FY 14/15 $96,322 1 $96.322 lContract courses with Bike Bakersfield Funding Agency. Rose Foundation (under the Kern qou;a Nr Pollution Wifigaffor, fund) =To reduce porticul teoromnea"p pollution in Valley portion of Kern County. An emphasis is placed on projects that benefit disadvantaged or sensitive populations in Itie most polluted parts of Kern County. Project must be teafiv reduce pollution emissions, or to change Institutional or Individual behavior in ways that will lead to reductions in air pollution emissions. Future Grorda TBD Proposed Future Giant Sulanthiflans: TBD Typild far.. Award A.OUM -'g iitanir: Ediimta ": Note Countywide R. v.e Trans L,,,�p :AA .n Plan Plan jCoUntyvvde ATP that includes a Bakersfield Melinda fitan Area F Y151116 $35.000 $50000 lReceived grant (to 'e completed fall 2017) d�'�C "air Path C 1-1 Construct bike path over Callay�ay Weir for Kern River cTorisma FY 14/15 $39.374 $50t() JCompleied 2016 lBfk. Trans p.,t.fon Plan Is tudy/Re paid ]Document to guide future development of bicyle Totalities FY 12/13 $150,000 $150.000 lComeleted 2013 Affididtabl. H.mirig and Sustainable community (AHSCj Funding Ag,ncy' . C " Shoiegic Growth Council To provide fund' for land -use, housing. transportation, and emissions by improving mobility options and Increasing infill deI.p=reservofion projects to support infiff and compact development that reduces greenhouse gas r)GHGJ emissions. These projects must facilitate the reduction of The GHG Future Grants: TBD Proposed Future Grant Submissions: Must include the construction of affordable housing in older to be compefifive for giants funds. Community Development examining If any potential project are in the pipeline. Applicaflon History, See below TV" Taing _Ynd AA—d mount Envirnewr Estimate - Net- Creekvie,vVillas and Bicycle Net-1, Improv. Class III Construct 15 units in the Cn,elkviewVillas and Class III bike routes -POPS FY 15/16 Pending $3,830,814 Did not receive arr ni Kern River Parkway Multi -Use Trail Improvements Class 1/11. etc. om U. ml e5o ne" Ill! M7.r. a.. 'es; d'e- .c—,ibility improvements at up to 22 key entrances: construct up to 11.5 miles of pedestrian "k,,ays: resurface up to 11.5 miles of a isfing Class I bicyale path,, brand and subsequently odd up to 47 signs and vayfirlding markers: construct up to 30 solar power streetlights: odd up to four bike lockers at key landation, and construct up to or 40,000 I .... fact park -cmdrid. FY 14115 N/A $3,010,000 Did not receive giant ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 10/12/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(3) (two matters re: Letter of October 9, 2017 from Californians Aware, and Letter of October 18, 2017 from First Amendment Coalition). STAFF RECOMMENDATION: BACKGROUND: Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL Introduction of students participating in Teen Government Day. 2. INVOCATION by Pastor Josephate Jordan, Christ First Ministries. 3. PLEDGE OF ALLEGIANCE by Kaidynn Perez and Melissa Frediksen, 6th grade students from Caroline Harris Elementary School. 4. PRESENTATIONS 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS Ward 3 a. Mesa Marin Sports Complex Naming Rights: 1. Presentation recognizing Tarina Homes as the naming rights holder for Mesa Marin Sports Complex. 2. Agreement with Tarina Homes ($200,000) for naming rights to Mesa Marin Sports Complex. Staff recommends acceptance of the presentation and approval of the agreement 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the October 11, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from September 29, 11101117 CC AGENDA PACKET PG 86 Ward 3 Ward 2 2017 to October 19, 2017 in the amount of $22,674,457.58, Self Insurance payments from September 29, 2017 to October 19, 2017, in the amount of $405,037.48, totaling $23,079,495.06. Ordinances: C. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from PCD (Planned Commercial Development Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive in northwest Bakersfield. (FR 10/11/17) Resolutions: d. 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. e. EPA Brownfield Grant Program: 1. Resolution approving the U.S. Environmental Protection Agency (EPA) Brownfield Assessment Program Cooperative Agreement and agreeing to the terms and conditions; 2. Approve Agreement Amendment with Stantec Consulting Services, Inc., to implement grant components, including all deliverables for the EPA Brownfield Assessment Grant; and 3. Appropriate $300,000 in EPA Brownfield Assessment Grant funds to the Community Development Department Operating budget in the General Fund. Agreements: f. Agreement with Forensics Nurse Specialist of Central California (not to exceed $300,000) for sexual assault examinations. 9. Downtown Parking Study: 1. Agreement with Quantum Consulting ($49,790) for the Downtown Bakersfield Parking Study. 2. Appropriate $50,000 in Kern Council of Governments grant funds to the City Manager's Office Capital Improvement Budget within the Capital Outlay Fund. h. Amendment No. 1 to Agreement No. 16-265 with rotational Molding, Inc. ($427,200; revised not to exceed $854,400 and extend term one year), to continue supplying refuse and recycling carts. i. Amendment No.1 to Agreement No. CM17-005 with SC Communications ($17,814.36; revised not to exceed $57,812.64) for maintenance of additional handheld radios. Ward 6 j. Contract Change Order No. 3 to Agreement No. 16-154 with Nish-Ko Inc.($105,840; revised not to exceed $1,834,048.24) for construction of the State Farm Sports Village Phase III Landscape Improvements Project. 1. Accept bid and approve contract with GSE Construction Company, Inc. ($1,019,000), for said project. 2. Appropriate $375,000 in Sewer Enterprise Fund Property Acquisition Agreements -TRIP: k. Approval of settlement in Case No. BCV-17-102201-JEB (Larsons Food Stores) in the amount of $100,000. I. Approval of settlement in Case No. BCV-17-101723-JEB (Jolly Kone) in the amount of $333,000. Ward 2 M. Agreement with Independent Mercedes Service, Inc. ($830,000), to purchase real property, fixtures, and equipment needed at 4700 Easton Drive for the Centennial Corridor Project. Bids: Ward I n. Reject all bids for the construction of administrative building for the Mt. Vernon Recycling and Composting Facility. Ward 2 0. Accept bid and approve contract with Jim Alfter Cement Contractor ($833,774.95) for Construction of Sidewalk Improvements on A Street from Brundage Lane to San Emidio Street Project. Ward 6 P. Accept bid and approve contract to Graham Prewett, Inc. ($79,000), for the Wastewater Treatment Plant 3 Maintenance Building Re-Roof Project. Ward 6 q. Accept bid and approve contract with Amber Chemical, Inc. (not to exceed $53,500), for the annual contract for the supply of sodium hypochlorite. Ward 6 r. Accept bid and approve contract with GSE Construction Company, Inc. ($339,000), for the installation of four digester mixing pumps at Wastewater Treatment Plant No. 3. Ward I S. Wastewater Treatment Plant No. 2 Grit Chamber and Primary Influent Distribution Box Concrete Repair Project: 1. Accept bid and approve contract with GSE Construction Company, Inc. ($1,019,000), for said project. 2. Appropriate $375,000 in Sewer Enterprise Fund Ward 2 Ward I balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Program (CI P) budget for said project. 3. Transfer $100,000 from a currently budgeted CIP project (Miscellaneous CIP Projects) within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 2) for said project. t. Truxtun Avenue Operational Improvements Project: 1. Accept bid and award contract to Granite Construction, ($6,301,617) to construct the project. 2. Construction management agreement with WSP USA, Inc., (not to exceed $599,926) for construction management services. 3. Appropriate $531,000 in federal Regional Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the TRIP Federal/State Fund. 4. Transfer and appropriate $1,561,905 in Transportation Development Fund (TDF) balance to the Public Works Department's Capital Improvement budget within the TDF - TRIP local match Fund. Miscellaneous: U. Fiscal Year 2016-17 Annual Impact Fees prepared in Government Code §66006. Successor Agency Business: Compliance Report for Park accordance with California 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS a. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the "Street Improvements, North of Brundage Lane and West of Union Avenue, Phases 1B and 5" Project (CCP § 1245.230), located at 141 1st Street, Bakersfield, CA 93304 (APN 010- 102 -05). Staff recommends adoption of the resolution of necessity. b. Public hearing to consider first reading of an ordinance granting a franchise to California Water Service Company. Staff recommends first reading of the ordinance. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Resolution setting the dates of the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2018. Staff recommends Council determination. 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Roll Call 1. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 9/15/2017 111-11 N 03 SUBJECT: Introduction of students participating in Teen Government Day. STAFF RECOMMENDATION: BACKGROUND: The City annually participates with the Kern High School District, Kiwanis, and Optimists in sponsoring Teen Government Day. This is the 63rd year the City has participated in this event. The high schools participating include Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale, and West. Four students from each school participated in the Teen Government Day morning activities, which include an overview presentation made by the City Manager's Office and tours of departments. Students representing the Mayor and Council, City Manager, City Attorney, City Clerk, Public Works Director, and Community Development Director attend the City Council meeting at 5:15 p.m. ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 11/6/2017 111-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D MaiMin 1'.)ean D Davd IBirLISt Type Correspondence Correspondence 11101117 CC AGENDA PACKET PG 92 *SA VE THE DA TE ~ SA VE THE DA TE I 4 1- `6'D & PLACED ON FILE AT COUNCIL MEETING OF 'uld) -q p Or p i S -AAkA �s (V\0"x-Vin Qack� 10 �i .1101.6 a 161 . M; 'a Date: November 7, 2017 Time: 7:00 - 9 PM Place: Radisson Hotel 1055 Van Ness Ave Fresno, Ca. 93721 1-559-233-6650 HOSTS Associated Professionals And Contractors of California (APAC) pi��q I I 111pp I illy I M�� 12MM'MiTIMAM I RWIWt I W-3:11 ZMA-4 MUM Welcome Small Businesses, Contractors, Engineers, Architects, Professional Services, Public Agencies, Business Associations Fill F Q/2S/2O17 To Supervisor David Couch: t�ckvk C:k The Mission at Kern County would like to state in the strongest terms possible that it opposes the legalization of the sale of marijuana in Kern County, California. Asan organization that deals with homelessness, addiction and mental illness ona daily basis we feel that an increase in the ease of access to this drug will only exacerbate the drug problem and add to the homeless problem in our area. Other states that have legalized the recreational use ofmarijuana have seen an increase in homelessness, public consumption of drugs & alcohol and other low level criminal activity. if we look to Colorado as an example, where recreational use was approved in 2013, the state saw an increase of 8% in homelessness during 2014-2015 and an additional increase of 13% during 2016. According to HUD this is the largest spike of homelessness recorded during a period when the vast majority of other states saw aI796decline. Along with the rise in homelessness there was also a corresponding rise in criminal activity and public consumption as noted above, |t should also banoted that the larger population centers of Portland, Oregon and Seattle, Washington both appear to be trending in this same direction since the legalization of recreational use in their states. it is part of the mission of our organization to protect the population that we serve and by extension the community as a whole. We are requesting that you aid us in this. by not legalizing the sale of marijuana within our community. ;Sincerely, ac Cadm;8aWovnce Executive Director The Mission at Kern County Code No BY ORDER OF THE BDISUPV Referred To______ KATHLEEN KRAUSE Clerk of theBoard of Supervisors By R�Box 2222 Bakersfield, CA 93303-2222 Office (661)325-O863 Fax(G61)325-0J77 themissionkc.org D e nve rJIJ Mitchell 201 W. Colfax Avenue, Dept. 801, Denver, CO 80202 Fax: 725-9�1-9035 October 12,2016 No on 64 Campaign and SAM Action California voters are being told that they will see the crime rate go doNNnJ they vote mlegalize marijuanu���aRy-, this has not been the case in the state of Colorado or the city of Denver. Since the leealizadonof recreational marijuana iaColnrudoiu20l3truƒDcoduted marijuana deaths have increased 48%. marijuana related emergency room -visits have increased 49%- and marijuaria related calls {o the poison center have increased 1OU%. According oo the Colorado Bureau of Investigations in2O15 statewide homicides in Colorado rose l4.7% over the previous year. Pueblo. Colorado had the highest boodcido rate io the state with l].} killings per lOQ,U08 residents. Aurora, Colorado's homicide rate more than doubled from 2014. Additionally more places in Colorado were robbed and more thefts occurred. especially cars, uslg3,1l5 motor vehicles were reported stolen, op27'7��io2Ol5f�000the pre`ious year. &o2O15, sexual assaults rose ]0% in Colorado with Denver, Aurora, Lakewood. Westminster and Pueblo all reporting higbcroonohcmu»wcU. In the city of Denver since the legalization of recreational marijuana the number of crimes in Denver has grown by about 44%_ according au annual figures the city reported io the National Incident Based Reporting System. ln2O15 in Denver alone crime rose lo every neighborhood in the city. The murder rate hit u decade high, lU59 more cars were broken into, there vreru9)3 more auto thefts, 321 more aggravated assaults and 23l more homes were broken into compared io20|4. California voters are also beiva told that legalizing recreational nouz-ijumnu will free oplaw enforcement *z work nn other criminal activities. Again that has not been the case io Denver. Besides the overall increases iocrime we have experience, the Denver police department isdexJingnidaugU0% locreaaalodhoonUaa'fb}cu6vatiouaodomunnfacinoru[maribu0000noocuzotc,uudu99%jocoeuse in the unlawful distribution of marijuana and marijuana concentrate. The quantity of illegal marijuana seized by the Denver police has increased 3,424%oo average per case. The volume o[ marijuana seized per case has increased from an average of 162 pounds to 5724 pounds. In Denver unlawful public consumption uf marijuana citations has increased over ]OU9k. per year since the legalization ofrecreational marijuana- The Denver police department is busier enforcing marijuana laws and investigating crimes directly related to marijuana. including murderers- robberies, and home invasions, than any other time in the history of the city- Mitchell D.Morrissey Denver District Attorney ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Recreation and Parks Director DATE: 10/20/2017 iTiff-11 1.1 SUBJECT: Mesa Marin Sports Complex Naming Rights: 1. Presentation recognizing Tarina Homes as the naming rights holder for Mesa Marin Sports Complex. 2. Agreement with Tarina Homes ($200,000) for naming rights to Mesa Marin Sports Complex. STAFF RECOMMENDATION: Staff recommends acceptance of the presentation and approval of the agreement. BACKGROUND: Mesa Marin Sports Complex is a master planned regional park located in northeast Bakersfield at the corner of recently upgraded State Route 178 and Bedford Green Drive. Currently, the sports complex contains four premier softball fields that hosts year-round adult softball leagues, as well as local, regional, statewide and national tournaments. Additional amenities are currently under construction, including playground areas, spray park, picnic shelters, restrooms and wide walking paths. Future phases will feature four additional softball fields, soccer fields, multi-use fields and a skate park. The City has a successful history of securing naming rights for large City-owned sports and entertainment facilities. Naming rights agreements are mutually beneficial to the community, the City and the naming rights holder. As the popularity and amenities at Mesa Marin have grown since it has opened, so to has interest in the naming rights for the facility. Recently, Tarina Homes approached the City about a possible naming rights agreement for the facility. Tarina Homes is a Bakersfield -based residential home building company with several successful developments throughout Kern County, including the Shamrock Hills neighborhood adjacent to Mesa Marin. After discussion between Tarina Homes representatives and City staff, both parties have agreed on terms for a multi-year naming rights agreement for Mesa Marin Sports Complex. Upon approval by City Council, the complex will be known as Tarina Homes at Mesa Marin Sports Complex. Signs, future publications, and references to the facility will reflect the new name. Highlights of the proposed agreement include: • A three year term commencing on January 1, 2018 • A total of $200,000 to be paid in two installments • First installment to be paid on or before July 1, 2018 • Second payment to be paid on or before July 1, 2019 • All funds will be dedicated to further park development at Mesa Marin • Right of first refusal to renew and to negotiate new terms prior to expiration of agreement on December 31, 2020. The City wishes to thank Tarina Homes for its investment in the community and recognize Tarina Homes for being the first naming rights sponsor for Mesa Marin Sports Complex. Representatives from Tarina Homes will present the City with a symbolic check to commemorate the naming rights agreement. As part of this item, staff is requesting the City Council's approval of the naming rights agreement with Tarina Homes. ATTACHMENTS: Description Type D �Mesa IMairin Spoirls Coirnpbx NairNing Rghts/kgireeiryleint /kgireeiryleint D Piresentatbin of l go by'R.iidina h birnes Piresentatbin AGREEMENT NO. LICENSE AND NAMING RIGHTS AGREEMENT FOR THE MESA MARIN SPORTS COMPLEX THIS LICENSE AND NAMING RIGHTS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ( "CITY" herein), TARINA HOMES INCORPORATED, on behalf of its subsidiaries and affiliates, authorized to do business in the State of California ( "TARINA HOMES" herein). RECITALS WHEREAS, the Mesa Marin Sports Complex is located at the intersection of Highway 184 and Bedford Green Drive and is being built in phases. Currently, the Mesa Marin Sports Complex includes four lighted softball fields with a concession stand, restrooms, shaded bleacher seats and a dog park. Future phases include a playground, a spray park, a skate park, restrooms, landscaping, picnic areas, soccer fields, walking paths, and a parking lot as attached in Exhibit "A "; and WHEREAS, TARINA HOMES is a locally owned homebuilding company that is aware of its impact on the environment and strives to build energy efficient homes at the best possible price; and WHEREAS, the purpose of this Agreement is to grant TARINA HOMES naming rights for Mesa Marin Sports Complex through use of signage and related activities as set forth in this Agreement, including the exclusive right to have its Logo affixed to the Sports Complex in the form specified herein so the general public comes to know the facility as the "Tarina Homes Sports Complex at Mesa Marin." NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and TARINA HOMES mutually agree as follows: 1. DEFINITIONS. 1.1. "The Mark" means the words "Tarina Homes Sports Complex at Mesa Marin." License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 1 of 13 Pages -- 1.2. "Logo" means the Mark written in the typeface designated on Exhibit "B," or any derivative or associated trademark, servicemark, design, or logotype that incorporates the Mark or any portion of the Mark and TARINA HOMES' identifying information as approved by CITY for use in accordance with this Agreement. 1.3. "Intellectual Property" means, collectively, the Mark and the ••• 1.4. "TARINA HOMES Marks" means TARINA HOMES' logo, word mark, or other trademarks. I.S. "Mesa Marin" and "Mesa Marin Sports Complex" means the park at the intersection of Highway 184 and Bedford Green Drive, which is being built in phases. Currently, the Mesa Marin Sports Complex includes four lighted softball fields with a concession stand, restrooms, shaded bleacher seats and a dog park. Future phases include a playground, a spray park, a skate park, restrooms, landscaping, picnic areas, soccer fields, walking paths, and a parking lot. 1.6. "Competitor" means any organization (other than TARINA HOMES or its affiliates) that provides and /or sells services or products related to building homes. 2. NAMING RIGHTS. CITY and TARINA HOMES hereby agree the exclusive name of Mesa Marin shall be "Tarina Homes Sports Complex at Mesa Marin." CITY agrees to cause all announcements relating to Mesa Marin, in the media, and all advertising for Mesa Marin or any activity or event at Mesa Marin to refer to Mesa Marin as the "Tarina Homes sports Complex at Mesa Marin," to the extent any of the foregoing acts are controlled by CITY. CITY agrees to use best efforts to identify the Mesa Marin Sports Complex as the "Tarina Homes Sports Complex at Mesa Marin" in all official documents, press releases, advertising, announcements, the answering of telephones, promotional and print materials produced, performed or disseminated by or for the account of CITY. In connection with the foregoing and notwithstanding anything to the contrary contained in this Agreement, TARINA HOMES permits CITY to retain reasonable identification of the location of the "Tarina Homes Sports Complex at Mesa Marin" as the City of Bakersfield or in Bakersfield, California. Mesa Marin shall bear no name other than "Tarina Homes Sports Complex at Mesa Marin" during the term of this Agreement. 3. SIGNAGE. TARINA HOMES shall have the following rights in connection with the naming rights: License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 2 of 13 Pages -- 3.1. Permanent Outdoor Signage For Duration of Agreement. CITY shall allow TARINA HOMES to install signs in both the parking lot and the entrance of Mesa Marin, including modifying a sign that was recently installed and adding verbiage containing the words "Tarina Homes Sports Complex at Mesa Marin," as mutually agreed upon by TARINA HOMES and CITY. CITY shall ensure that the signage is visible for all patrons attending events taking place at Mesa Marin. 3.2. Temporary Signage. TARINA HOMES shall have the right to place banners at Mesa Marin as mutually agreed upon by TARINA HOMES and CITY. 3.3. Electronic Mediums. CITY shall use best efforts to cause Mesa Marin to be referred to as "Tarina Homes Sports Complex at Mesa Marin" in all public service announcements and /or press releases pertaining to Mesa Marin. CITY shall cause "Tarina Homes Sports Complex at Mesa Marin" to displayed prominently on the City of Bakersfield Recreation and Parks website or other Mesa Marin material. TARINA HOMES shall have the right to request, and CITY shall place, electronic banner advertisements on such websites, which banner advertisements TARINA HOMES may change monthly. 3.4. Print Media. CITY shall cause Mesa Marin to be referred to as "Tarina Homes Sports Complex at Mesa Marin" in all print media advertising promoting Mesa Marin events and in all trade publications or brochures in which Mesa Marin is listed. 3.5. Printed Promotional Material. CITY shall cause "Tarina Homes Sports Complex at Mesa Marin" to be displayed prominently on all posters, flyers and promotions promoting Mesa Marin events. 3.6. Printed Electronic Communications. CITY shall cause Mesa Marin to be referred to as "Tarina Homes Sports Complex at Mesa Marin" in all printed electronic communication mediums produced for Mesa Marin. 3.7. Printed Information Guides. CITY shall cause all Mesa Marin information guides to refer to Mesa Marin as the "Tarina Homes Sports Complex at Mesa Marin." 3.8. Television & Radio. CITY shall cause Mesa Marin to be referred to as "Tarina Homes Sports Complex at Mesa Marin" in all Mesa Marin event television or radio commercials. License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 3 of 13 Pages -- 3.9. Directional Signage. CITY will provide directional signs to Tarina Homes Sports Complex at Mesa Marin, including along Highway 178 and Highway 184. 3.10. Outdoor Advertising. CITY shall cause Mesa Marin to be referred to as "Tarina Homes Sports Complex at Mesa Marin" on any outdoor billboards owned or otherwise controlled by CITY promoting Mesa Marin and events held at Mesa Marin. 3.11. Advertising Distribution. TARINA HOMES shall have the right to distribute advertising literature at any CITY events or programs held at Mesa Marin. All such advertising materials shall be pre- approved by CITY staff, such approval not to be unreasonably withheld, conditioned or delayed. 3.12. Quality Control. All signage and other usage or placement of the Intellectual Property by or on behalf of CITY shall be subject to the prior written approval of TARINA HOMES. CITY shall not use or permit the Intellectual Property to be used in a manner or context which would disparage or reflect adversely upon the goodwill, reputation or community image of TARINA HOMES and shall notify TARINA HOMES in the event CITY discovers any infringing or harmful use of the Intellectual property. TARINA HOMES shall have the right to audit CITY's use of the Intellectual Property at Mesa Marin or other premises of CITY during regular business hours upon reasonable notice. 4. NAME USAGE. TARINA HOMES shall have the right to use the name "Tarina Homes Sports Complex at Mesa Marin" in corporate marketing at its discretion. 5. CITY'S RIGHTS RELATING TO INDIVIDUAL FIELDS. CITY reserves the right to name individual fields within Mesa Marin. 6. RECREATION AND PARKS BROCHURE ADVERTISEMENT. CITY shall mention Mesa Marin events, where appropriate, in the CITY's colorful Recreation and Parks brochure and shall refer to Mesa Marin as "Tarina Homes Sports Complex at Mesa Marin" in any such mention. This brochure is produced and distributed three (3) times per year. 7. EVENTS AND ATHLETIC TOURNAMENTS SPONSORED BY A COMPETITOR OF TARINA HOMES. Nothing in this Agreement shall prevent the presentation at Mesa Marin regionally, nationally or internationally sponsored tours or events presented by a competitor of TARINA HOMES; provided, however, that CITY shall not permit such event or athletic tournament sponsor to cover or otherwise obscure any signage located at Mesa Marin, unless such License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 4 of 13 Pages -- event or athletic tournament sponsor requires all similar facilities to cover or obscure any similar signage during the contractual period of the staging of such event or athletic tournament. 8. COST, MAINTENANCE OF SIGNS. All signs or installations to be installed or displayed by TARINA HOMES shall be installed and put in place at the sole cost and expense of TARINA HOMES, and TARINA HOMES shall pay for the labor necessary to install or erect each such sign or installation. In the event TARINA HOMES elects to change any such signs or installations, the production and installation costs thereof shall be borne by TARINA HOMES, and TARINA HOMES shall pay for the labor necessary to install and replace any such signs or other installations, any such changes requiring prior approval of CITY. 9. CHANGE OF MARKS. In the event TARINA HOMES commences doing business in the State of California under a new name and /or set of marks, CITY shall cooperate with TARINA HOMES to amend the terms of this Agreement solely for the purpose of replacing all references to the TARINA HOMES Marks with references to such new marks. In such event, subject to prior consultation with TARINA HOMES and timely submission of substantiating written documentation, TARINA HOMES shall pay CITY's reasonable direct costs, including reasonable direct costs incurred by CITY in effecting the renaming of Mesa Marin and the parties shall cooperate to effect a smooth transition and minimize any disruption to the operation of Mesa Marin. 10. COMPENSATION TO BE PROVIDED BY TARINA HOMES. For and in consideration of the naming rights set forth above, TARINA HOMES shall pay the following fee to CITY on the dates and in the amounts set forth below: 10.1. Fee. TARINA HOMES shall pay to CITY over a period of two (2) years, Two Hundred Thousand Dollars ($200,000.00) to be paid as follows: One Hundred Thousand Dollars ($100,000.00) on or before July 1, 2018 and One Hundred Thousand Dollars ($100,000.00) on or before July 1, 2019. CITY will use the money for ongoing construction at Mesa Marin. 11. CITY'S OBLIGATIONS. In exchange for this Agreement, CITY gives TARINA HOMES the right to host one event at Mesa Marin annually with no reservation fees imposed so long as the date and time is mutually agreed upon by TARINA HOMES and CITY. 12. TERM. Unless sooner terminated as herein provided, this Agreement shall commence on January 1, 2018 and continue in effect through December 31, 2020. After the expiration of this Agreement on December 31, 2020, if CITY receives any offer from any third party for any of the naming or other rights License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 5 of 13 Pages -- granted to TARINA HOMES hereunder, TARINA HOMES shall have the right to match such offer. Such new terms agreed to between CITY and TARINA HOMES shall be included as an amendment to this Agreement and shall take effect at the conclusion of the three (3) year term. 13. 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. 14. 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. 15. COMPLIANCE WITH ALL LAWS. TARINA HOMES shall, at the sole cost of TARINA HOMES, 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. 16. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 17. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. 18. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 6 of 13 Pages -- 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. 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. 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. 21. HOLD HARMLESS. Anything in the Agreement to the contrary notwithstanding, each party (the "Indemnifying Party ") shall indemnify and hold the other party (the "Indemnified Party ") fully harmless against any loss, damages, claims, penalties, or expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligent or intentional acts or omissions of the Indemnifying Party, and for which recovery is sought against the Indemnified Party by that third party. The Indemnifying Party also shall indemnify the Indemnified Party for any costs and reasonable attorneys' fees sustained or incurred in the Indemnified Party's defense of any such third party claim. 22. LIMITATION OF LIABILITY. Except for the provisions of section 21 (hold harmless), anything in the agreement to the contrary notwithstanding, under no circumstances whatsoever shall either party be liable to the other for any special, consequential, punitive, indirect, or incidental damages of any kind whatsoever. Except for the provisions of section 21 (hold harmless), in no event whatsoever shall either party's total liability to the other for any other damages whatsoever exceed in the aggregate the sum of two hundred fifty thousand dollars ($250,000) . 23. FORCE MAJEURE. Neither party shall be liable for any delays in performance hereunder due to circumstances beyond its control including, but not limited to, acts of nature, acts of governments, delays in transportation, and delays in delivery or inability of suppliers to deliver. TARINA HOMES shall have the option to terminate any and all obligations under this Agreement as amended by so notifying the CITY in writing if the delay in performance exceeds thirty (30) days from the originally agreed upon performance date. License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 7 of 13 Pages -- 24. DISPUTE RESOLUTION. If any dispute, controversy, or claim arising out of or relating to this Agreement has not been resolved through direct negotiation between the parties, prior to initiation of litigation, the parties agree to use non - binding arbitration. Each party shall appoint one arbitrator, and those two arbitrators shall choose the third arbitrator. The place of arbitration shall be Kern County, California. 25. APPLICABILITY TO SUBCONTRACTORS. CITY shall ensure that its subcontractors performing hereunder also adhere to the applicable provisions of this Agreement. 26. 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. 27. NEGATION OF PARTNERSHIP. CITY and TARINA HOMES shall not become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. TARINA HOMES shall not for any purpose be considered an agent, officer or employee of CITY. 28. 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. 29. NON - INTEREST. No officer or employee of CITY or TARINA HOMES shall hold any interest in this Agreement (California Government Code section 1090) . 30. 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: License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 8 of 13 Pages -- CITY: CITY OF BAKERSFIELD City Hall North 1600 Truxtun Avenue Bakersfield, CA 93301 TARINA HOMES: TARINA HOMES INCORPORATED Attn: Chris Johnston 4560 California Avenue, Suite 400 Bakersfield, CA 93309 Telephone: (661) 322 -2030 With a copy to: , Esq. 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. 32. 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 made the remedies incompatible. 33. TAX EFFECT. None of the parties (nor such parties' counsel or accountants) has made or is making in this Agreement any representation to any other party (or such party's counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that it has obtained, or may obtain, independent tax advice with respect thereto and upon which it, if so obtained, has solely relied. 34. TAX NUMBERS. "TARINA HOMES" Federal Tax Identification No. "TARINA HOMES" is a corporation? Yes No (Please check one.) 35. TIME. Time is of the essence in this Agreement. 36. TERMINATION. Either party may terminate this Agreement in the event of material breach of this Agreement by the other party, which breach License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 9 of 13 Pages -- remains uncured thirty (30) days after receipt by the breaching party of written notice of such breach. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 10 of 13 Pages -- 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: RECREATION AND PARKS DEPARTMENT By: DIANNE HOOVER Recreation and Parks Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRIDIANA GALLARDO -KING Associate City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director VGK:Isc Attachments: Exhibit "A" -Mesa Marin Area Map Exhibit "B" -- Logo and Marks "TARINA HOMES" TARINA HOMES INCORPORATED By: CHRIS JOHNSTON President License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 11 of 13 Pages -- License and Naming Right Agreement with Tarina Homes C:\Program Files (x86)\neevia.com\docConverferPro\femp\NVDC\5A6DA946-D612-4784-86A9- BBAD5ED69CI I \PDFConverf.9486.1.MesaMarinSporfs.Lic-NamingRighfs.docx August 22, 2017 -- Page 12 of 13 Pages -- EXHIBIT "A" Mesa Marin Area Map (attached) License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConvert. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 13 of 13 Pages -- EXHIBIT "B" [Attach or insert a copy of the Logo and Marks here] License and Naming Rights Agreement with Tarina Homes C: \Program Files ( x86 ) \neevia.com \docConverferPro\ temp \NVDC \5A6DA946 -D612- 4784 -86A9- BBAD5ED69C1 1 \PDFConverf. 9486. 1. MesaMarinSporfs .Lic_NamingRighfs.docx August 22, 2017 -- Page 14 of 14 Pages -- J, f r 0 (� J1d % / % / % %i�0 / / % %%/ �, f� i„ i %� /� i/ /// i� i a 1 i i o ii i i i /„ Q,� I f, , �/ �, �,,. '2�� /Oii�O� /1OG /,'1 m j� �► %�,,. �' w .�� ... j. ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 9/15/2017 111-11 V 03 SUBJECT: Approval of minutes of the October 11, 2017, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes D Staff rneirnoiraindUrTl Type BackU IMateir4� Coveir IMeirno 11101117 CCAGENDA PACKETPG 115 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 11, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:31 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman (seated at 3:35 p.m.), Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. 2018 Regional Transportation Plan /Sustainable Communities Strategy, Key Land Use and Planning Assumptions and Public Outreach. Public Works Director Fidler made staff comments. Robert Ball, Director of Planning for Kern Council of Governments, made comments and provided written material. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Checks and Balances Project v. City of Bakersfield KCSC Case No. BCV- 17-101859, TSC. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). ACTION TAKEN Bakersfield, California, October 11, 2017 - Page 2 4. CLOSED SESSION continued ACTION TAKEN Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:43 p.m. The Closed Session meeting was adjourned at 4:17 p.m. Meeting reconvened at 5:09 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code section 54956.9(d) (1) regarding Checks and Balances Project v. City of Bakersfield KCSC Case No. BCV- 17-101859, TSC. b. Conference with Legal Counsel — Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code section 54956.9 (d) (2), (e) (1) (one matter). 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:10 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None Mayor Goh acknowledged students from Bakersfield College and California State University Bakersfield in attendance at the meeting to learn about City government. Mayor Goh called for a moment of silence in memory of Las Vegas shooting victims, including individuals with local ties to Kern County: Jack Beaton; Bailey Schweitzer; Victor Link; Kelsey Meadows; and Officer Aaron Mundhenke. 2. INVOCATION by Dr. Danielle Wright, Freedom Worship Center. Bakersfield, California, October 11, 2017 - Page 3 3. PLEDGE OF ALLEGIANCE by Ethan Calvillo, Junior at Bakersfield High School. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Michael Turnipseed, Kern County Taxpayers Association, offered assistance to the Council regarding financial matters; and submitted written material. b. Terry Maxwell expressed his concern with the 24th Street Soundwall project and submitted written material. 6. WORKSHOPS a. Fiscal outlook update. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Councilmember Weir left the meeting at this time. Motion by Councilmember Rivera to table this discussion and explore additional options. Motion by Vice -Mayor Smith requesting staff proceed to issue a request for proposals for a consultant to perform viability assessment voter surveys and return to the Council for a decision. Councilmember Weir returned to the meeting at this time. ACTION TAKEN FAILED NOES GONZALES, SMITH, FREEMAN, SULLIVAN AB WEIR APPROVED NOES RIVERA AB WEIR ABS PARLIER Bakersfield, California, October 11, 2017 - Page 4 7. APPOINTMENTS ACTION TAKEN a. Regular and Alternate Appointments (Ward 5) to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Regular Committee Member David Taylor and Alternate Committee Member Patrick Frase (terms expired November 2016). Assistant City Clerk Drimakis announced an application for appointment was received from Matthew Martin. Motion by Councilmember Freeman to appoint APPROVED alternate committee member Cynthia Pinthong as the regular committee member, and Matthew Martin as the alternate committee member, to a 4 -year term on the Keep Bakersfield Beautiful Committee, terms expiring November 2020. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 20, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from September 8, 2017, to September 28, 2017, in the amount of $27,195,101.41, Self Insurance payments from September 8, 2017, to September 28, 2017, in the amount of $652,863.86, totaling $27,847,965.27. Ordinances: FR C. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from PCD (Planned Commercial Development Zone) to C -2 /PCD (Regional Commercial/ Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive. 1.3 Bakersfield, California, October 11, 2017 - Page 5 CONSENT CALENDAR continued ACTION TAKEN d. Adoption of ordinance adding Sections REMOVED FOR 17.04.129 and 17.04.154 and amending Section SEPARATE 17.08.050 of the Bakersfield Municipal Code CONSIDERATION relating to commercial cannabis activity. (FR 09/20/ 17) Resolutions: e. Resolution authorizing the City to obtain credit RES 141 -17 from Union Bank pursuant to commercial card AGR 17 -149 agreement for corporate borrowing. Resolution confirming approval by the City RES 142 -17 Manager designee of the Chief Code Enforcement Officer's Report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter, and authorizing collection of the assessments by the Kern County Tax Collector. g. Resolution determining that lighting can most RES 143 -17 efficiently be obtained through cooperative procurement bidding procedures from MUSCO Lighting and authorizing the Finance Director to dispense with bidding thereof, not to exceed $350,000. h. Resolution determining that a replacement RES 144 -17 Zamboni® model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $118,000. Resolutions to add territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report: Area 3 -103 (Tract 7304- NE of Berkshire RES 145 -17 Road and Old River Road) Bakersfield, California, October 11, 2017 - Page 6 8. CONSENT CALENDAR continued ITEM 8.i. CONTINUED 2. Area 4 -170 (5900 Comanche Drive) 3. Area 4 -171 (301 -313 Dr. Martin Luther King Jr. Boulevard) 4. Area 5 -86 (4500 Hughes Lane) Agreements: Agreement with Manley's Boiler, Inc. ($60,000), for plumbing and boiler maintenance for the Public Works Department, Wastewater Division. k. Final map and improvement agreement with Castle & Cooke for Tract 7255 Phase 2, located at the southwest corner of Ming Avenue and Allen Road. Final map and improvement agreement with Castle & Cooke for Tract 7299, Unit 1 located south of Ming Avenue and east of Renfro Road. M. Improvement agreement with Giumarra Investments, LLC, sucessor by conversion with G.C. Investments, LLC, for Parcel 12112, Phase 4 located north of Stockdale Highway and east of Coffee Road. n. Amendment No. 4 to Agreement No. 90 -279 with Sprint Spectrum L.P. to approve the assignment of the transmitter tower lease on McCutchen Road from Nextel of California to Sprint Spectrum L.P. and to approve a sublease of portions of the tower area to T- Mobile. o. Amendment No. 6 to Agreement No. 11-100 with Parsons Transportation Group ($87,865; revised not to exceed $44,341,567) for design support services during the construction of the Beltway Operational Improvements Project. P. Amendment No. 2 to Agreement No. 15 -008 with NV5, Inc. ($1,1 03,333.81; revised not to exceed $11,170,805.26), for construction management services for the Beltway Operational Improvements and the Rosedale Auxiliary Lane Projects. ACTION TAKEN RES 146 -17 RES 147 -17 RES 148 -17 AGR 17 -150 AGR 17 -151 AGR 17 -152 AGR 17 -153 AGR 90- 279(4) AGR 11- 100(6) AGR 15- 008(2) Bakersfield, California, October 11, 2017 - Page 7 8. CONSENT CALENDAR continued q. On -call equipment maintenance services agreements for the Public Works Department, Wastewater Division: Amendment No. 2 to Agreement No. 15- 241 with Electrical Systems and Instrumentation, Inc. ($100,000; revised not to exceed $300,000 and extend term one year). 2. Amendment No. 2 to Agreement No. 15- 242 with Wilsons Industrial Pump, Inc. ($100,000; revised not to exceed $300,000 and extend term one year). r. Amendment No. 3 to Agreement No. 17 -084 with W.M. Lyles ($18,971,810; revised not to exceed $21,811,472) for design and construction costs associated with the 1,23 - Trichloropropane (TCP) Mitigation Project. S. Professional engineering consultant agreement for the 1,2,3- Trichloropropane (TCP) Mitigation Project: Amendment No. 1 to Agreement No. 16 -250 with Provost & Pritchard Consulting Group ($33,100; revised not to exceed $733,900) for engineering services associated with water system improvements for the TCP Mitigation Project. 2. Appropriate $33,100 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Fund. t. Mount Vernon Green Waste Facility operations: Amendment No. 1 to Agreement No. 17 -025 with K & I Services ($275,000; revised not to exceed $575,000; and to extend term through June 30, 2018) for the trucking of woodchips from the Mount Vernon Green Waste Facility. ACTION TAKEN AGR 15- 241(2) AGR 15- 242(2) REMOVED FOR SEPARATE CONSIDERATION AGR 16- 250(1) AGR 17- 025(1) 1.3 Bakersfield, California, October 11, 2017 - Page 8 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.t. CONTINUED 2. Appropriate $151,000 in the County's share of the Green Waste Facility costs and $124,000 in Refuse Fund balance to the Public Works Department's Operating Budget within the Refuse Fund. Property Acquisition Agreements - TRIP: Bids: U. Accept bid from Lehr Auto Electric ($57,253.85) for Setina Manufacturing police vehicle equipment. V. Accept bid from Safety Network Holding, Inc. ($138,738.60), for traffic control devices for the Public Works Department, Streets Division. W. Accept bid and approve contract with AGR 17 -154 Stockbridge General Contracting ($2,061,000) for the Bakersfield Sports Village Phase III Soccer Stadium Improvements Project. X. Accept bid and approve contract with Eco AGR 17 -155 Energy Solutions, Inc., dba High Volt Electric ($323,625), for the Bakersfield Sports Village Phase II Soccer Field Lighting Project. Y. Accept bid and award contract to Granite AGR 17 -156 Construction Company, Inc. ($717,753), to construct the Westside Parkway Operational Improvements. Z. 24th Street Soundwall Project: 1. Accept bid and award contract to AGR 17 -157 James E. Thompson, Inc., dba JTS Construction ($1,377,500) to construct the project. 2. Enter into a construction management AGR 17 -158 agreement with NV5, Inc. ($172,959.92), for construction management services. Bakersfield, California, October 11, 2017 - Page 9 8. CONSENT CALENDAR continued aa. Sanitary sewer relocation for the Centennial Corridor Project: Accept bid and award contract to Specialty Construction Inc. ($1,922,525), to construct the project. 2. Approve consultant agreement with AECOM ($99,392) for construction management services. Miscellaneous: ab. Appropriate $604,000 in Federal grant revenues (Selective Traffic Enforcement Program grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget. ac. Appropriate $30,000 in Federal grant revenues to the General Fund Police Operating Budget, to fund the Bicycle /Pedestrian Safety and Education Program. ad. Appropriate $41,085 in grant funds from the California Department of Water Resources' 2014 Water- Energy Grant Program to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund. ae. Reclassification of Fleet Mechanic I to Fleet Mechanic II. Successor Agency Business: af. Receive and file Successor Agency payments from September 8, 2017, to September 28, 2017, in the amount of $315,380.00. ag. Appropriate $17,548 in Successor Housing Agency Fund balance to the Economic Development Operating Budget within the Successor Housing Agency Fund for construction of a water main and services at the 19th Street Senior Plaza. Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.a. transmitting a corrected document. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, October 11, 2017 - Page 10 8. CONSENT CALENDAR continued Councilmember Rivera requested that items 8.d., 8.r., and 8.aa. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent Calendar items 8.a. through 8.ag., with the removal of items 8.d., 8.r., and 8.aa. for separate consideration. Councilmember Parlier left the meeting at this time. d. Adoption of ordinance adding Sections 17.04.129 and 17.04.154 and amending Section 17.08.050 of the Bakersfield Municipal Code relating to commercial cannabis activity. (FR 09/20/ 17) Motion by Vice -Mayor Smith to adopt Consent Calendar item 8.d. r. Amendment No. 3 to Agreement No. 17 -084 with W.M. Lyles ($18,971,810; revised not to exceed $21,811,472) for design and construction costs associated with the 1,23 - Trichloropropane (TCP) Mitigation Project. Councilmember Parlier returned to the meeting at this time. Motion by Councilmember Rivera to adopt Consent Calendar item 8.r. aa. Sanitary sewer relocation for the Centennial Corridor Project: 1. Accept bid and award contract to Specialty Construction Inc. ($1,922,525), to construct the project. 2. Approve consultant agreement with AECOM ($99,392) for construction management services. Motion by Councilmember Rivera to adopt Consent Calendar item 8.aa. 9. CONSENT CALENDAR PUBLIC HEARINGS None. ACTION TAKEN APPROVED ORD 4918 APPROVED NOES RIVERA AB PARLIER AGR 17- 084(3) APPROVED AGR 17 -159 AGR 17 -160 APPROVED Bakersfield, California, October 11, 2017 - Page 11 10. HEARINGS ACTION TAKEN a. Public hearing to consider a resolution ordering RES 149 -17 the removal of the 24th Street crosswalks at Alder /A Streets and Drake /D Streets. (staff recommends approval of the resolution.) Assistant City Clerk Drimakis announced one email was received in support of the staff recommendation, and 21 emails and letters were received in opposition to the staff recommendation. Mayor Goh recessed the meeting at 6:47 p.m. and reconvened the meeting at 6:52 p.m. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 7:03 p.m. Motion by Councilmember Parlier to extend the APPROVED time period for public testimony in opposition and in support of the staff recommendation by an additional fifteen minutes. The following individuals spoke in opposition to the staff recommendation: Gary Enns (displayed a photograph on overhead projector); Terry Maxwell (submitted written material); Jason Sperber; John Wilson (submitted written material); Judith Harniman; Vanessa Vangel; Tony Dang, Executive Director of California Walks; Olivia Snider, Snider's Cyclery; Jim Ross; Jennifer Cordova; Zachary Griffin, Owner /Operator of Kern Active Transportation; Annmarie Nolan; and Vanessa Vangel, on behalf of Bob Braley (submitted written material). Tyson O'Brien spoke in support of the staff recommendation. Gary Enns and John Wilson spoke in rebuttal opposition to the staff recommendation. Tyson O'Brien spoke in rebuttal support of the staff recommendation. Bakersfield, California, October 11, 2017 - Page 12 10. HEARINGS continued ACTION TAKEN Item 10.a. CONTINUED One additional email was received in opposition to the staff recommendation prior to the end of the public hearing. Hearing item 1 O.a. closed at 7:52 p.m. Motion by Councilmember Gonzales to APPROVED approve the staff recommendation and direct staff to return to the Council with design plans that reflect a replacement crosswalk, as close as possible to A Street and Alder Street, between north and south 24th Street, in order to preserve the history of safe crossing. Mayor Goh recessed the meeting at 8:10 p.m. and reconvened the meeting at 8:18 p.m. b. Appeal by Christian Ramirez of the July 11, RES 150 -17 2017, decision of the Board of Zoning Adjustment to deny a Conditional Use Permit to allow a recycling center for the purchasing of California Redemption Value containers from the public in a C -1 (Neighborhood Commercial Zone) district located at 3300 Planz Road. (staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 17- 0171.) Assistant City Clerk Drimakis announced a staff memorandum was received regarding item IO.b., transmitting additional correspondence from the applicant and Dyana Anderly. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item I O.b. opened at 8:22 p.m. The following individuals spoke in support of the staff recommendation: Arlana St. Clair (submitted written material); Frank St. Clair; and Russell Johnson, Common Sense Consulting on behalf of St. Clair Investments (submitted written material). Chris Ramirez and Dyana Anderly spoke in opposition to the staff recommendation. Bakersfield, California, October 11, 2017 - Page 13 10. HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Russell Johnson and Frank St. Clair spoke in rebuttal support of the staff recommendation. Dyana Anderly spoke in rebuttal opposition to the staff recommendation. Hearing item 10.b. closed at 8:50 p.m. Motion by Councilmember Sullivan to approve APPROVED the staff recommendation. C. Public hearing to consider Action Plan Amendments to the following U.S. Department of Housing and Urban Development Action Plans: FY 2014 -15 Amendment No. 7: Transfer funds from Martin Luther King Community Center Gym Rehabilitation ($25,000 in Community Development Block Grant funds) to Bakersfield Senior Center - Gate Improvements. 2. FY 2015 -16 Amendment No. 3: Transfer funds from Community Housing Development Organization (CHDO) Set Aside ($155,226 in Home Investment Partnerships funds) to Self -Help Enterprises - Down Payment Assistance. 3. FY 2016 -17 Amendment No. 3: Transfer funds from CHDO Set Aside ($144,774 in Home Investment Partnerships funds) to Self -Help Enterprises - Down Payment Assistance. Community Development Director Kitchen advised this matter was incorrectly noticed and stated the public hearing will be re- noticed and return for Council action on November 15, 2017. No action taken. 11. REPORTS I IN M Bakersfield, California, October 11, 2017 - Page 14 12. DEFERRED BUSINESS ACTION TAKEN None. 13. NEW BUSINESS a. California Water Service Company franchise renewal: Resolution accepting the application of RES 151 -17 California Water Service Company requesting a water franchise. 2. Resolution of intention to grant a ROI 1937 franchise to California Water Service Company. City Manager Tandy made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED Resolutions. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff explore ways to differentiate action items and non - action items on the agenda. Vice -Mayor Smith requested the Planning and Development Committee review NACTO guidelines. Vice -Mayor Smith requested the Planning and Development Committee examine ways to reduce vehicular speeds. Councilmember Parlier stated he received a message from a resident expressing appreciation of Public Works Department staff during street improvements near his home. Councilmember Parlier expressed appreciation, on behalf of Oxnard Police Chief Whitney, for the support that was provided to his Police Department and the family of an Oxnard Police Officer who was injured in Kern County. Councilmember Parlier advised that he and Councilmember Rivera will be holding their annual Trunk of Treat event on October 26th. Bakersfield, California, October 11, 2017 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier requested the Safe Neighborhoods and Community Relations Committee be given a presentation on the anti - trafficking program in Fresno. Councilmember Sullivan expressed appreciation for the entertainment that A.E.G. brings to the City. Mayor Goh expressed appreciation for an American flag provided to the City by Congressman Kevin McCarthy. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 9:04 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield jo BAKERSFIELD CITY COUNCIL MINUTES MEETING OF •: Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:31 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman (seated at 3:35 p.m.), Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. 2018 Regional Transportation Plan /Sustainable Communities Strategy, Key Land Use and Planning Assumptions and Public Outreach. Public Works Director Fidler made staff comments. Robert Ball, Director of Planning for Kern Council of Governments, made comments and provided written material. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Checks and Balances Project v. City of Bakersfield KCSC Case No. BCV -17- 101859, TSC. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2), (e) (1) (one matter). ACTION TAKEN El 5. 6. Bakersfield, California, October 11, 2017 - Page 2 CLOSED SESSION continued Motion by Vice -Mayor Smith to adjourn to Closed Session at 3:43 p.m. The Closed Session meeting was adjourned at 4:17 p.m. Meeting reconvened at 5:09 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Checks and Balances Project v. City of Bakersfield KCSC Case No. BCV -1 7-101859, TSC. 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 3:30 p.m. meeting at 5:10 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None Mayor Goh acknowledged students from Bakersfield College and California State University Bakersfield in attendance at the meeting to learn about City government. Mayor Goh called for a moment of silence in memory of Las Vegas shooting victims, including individuals with local ties to Kern County: Jack Beaton; Bailey Schweitzer; Victor Link; Kelsey Meadows; and Officer Aaron Mundhenke. 2. INVOCATION by Dr. Danielle Wright, Freedom Worship Center. ACTION TAKEN APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, October 11, 2017 — Page 3 ACTION TAKEN 3. 4. 5. b. PLEDGE OF ALLEGIANCE by Ethan Colvillo, Junior at Bakersfield High School. PRESENTATIONS None. PUBLIC STATEMENTS a. Michael Turnipseed, Kern County Taxpayers Association, offered assistance to the Council regarding financial matters; and submitted written material. b. Terry Maxwell expressed his concern with the 24th Street Soundwall project and submitted written material. WORKSHOPS a. Fiscal outlook update. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Councilmember Weir left the meeting at this time. Motion by Counciimember Rivera to table this FAILED discussion and explore additional options. NOES GONZALES, SMITH, FREEMAN, SULLIVAN AB WEIR Motion by Vice -Mayor Smith requesting staff APPROVED proceed to issue a request for proposals for a NOES RIVERA consultant to perform viability assessment voter AB WEIR surveys and return to the Council for a decision. ABS PARLIER Councilmember Weir returned to the meeting at this time. Bakersfield, California, October 11, 2017 - Page 4 7. APPOINTMENTS ACTION TAKEN a. Regular and Alternate Appointments (Ward 5) to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Regular Committee Member David Taylor and Alternate Committee Member Patrick Frase (terms expired November 2016). Assistant City Clerk Drimakis announced an application for appointment was received from Matthew Martin. Motion by Councllmember Freeman to appoint APPROVED alternate committee member Crystal Pinthong as the regular committee member, and Matthew Martin as the alternate committee member, to a 4 -year term on the Keep Bakersfield Beautiful Committee, terms expiring November 2020. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 20, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from September 8, 2017, to September 28, 2017, in the amount of $27,195,101.41, Self Insurance payments from September 8, 2017, to September 28, 2017, in the amount of $652,863.86, totaling $27,847,965.27. Ordinances: FR C. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from PCD (Planned Commercial Development Zone) to C -2 /PCD (Regional Commercial/ Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive. A Bakersfield, California, October 11, 2017 - Page 5 CONSENT CALENDAR continued ACTION TAKEN d. Adoption of ordinance adding Sections REMOVED FOR 17.04.129 and 17.04.154 and amending Section SEPARATE 17.08.050 of the Bakersfield Municipal Code CONSIDERATION relating to commercial cannabis activity. (FR 09/20/17) Resolutions: e. Resolution authorizing the City to obtain credit RES 141 -17 from Union Bank pursuant to commercial card AGR 17 -149 agreement for corporate borrowing. Resolution confirming approval by the City RES 142 -17 Manager designee of the Chief Code Enforcement Officer's Report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter, and authorizing collection of the assessments by the Kern County Tax Collector. g. Resolution determining that lighting can most RES 143 -17 efficiently be obtained through cooperative procurement bidding procedures from MUSCO Lighting and authorizing the Finance Director to dispense with bidding thereof, not to exceed $350,000. h. Resolution determining that a replacement RES 144 -17 Zamboni® model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $118,000. Resolutions to add territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report: Area 3 -103 (Tract 7304- NE of Berkshire RES 145 -17 Road and Old River Road) Bakersfield, California, October 11, 2017 — Page 6 8. CONSENT CALENDAR continued ITEM 8.i. CONTINUED 2. Area 4 -170 (5900 Comanche Drive) 3. Area 4 -171 (301 -313 Dr. Martin Luther King Jr. Boulevard) 4. Area 5 -86 (4500 Hughes Lane) Agreements: j. Agreement with Manley's Boiler, Inc. ($60,000), for plumbing and boiler maintenance for the Public Works Department, Wastewater Division. k. Final map and improvement agreement with Castle & Cooke for Tract 7255 Phase 2, located at the southwest corner of Ming Avenue and Allen Road. Final map and improvement agreement with Castle & Cooke for Tract 7299, Unit 1 located south of Ming Avenue and east of Renfro Road. M. Improvement agreement with Giumarra Investments, LLC, sucessor by conversion with G.C. Investments, LLC, for Parcel 12112, Phase 4 located north of Stockdale Highway and east of Coffee Road. n. Amendment No. 4 to Agreement No. 90 -279 with Sprint Spectrum L.P. to approve the assignment of the transmitter tower lease on McCutchen Road from Nextel of California to Sprint Spectrum L.P. and to approve a sublease of portions of the tower area to T- Mobile. o. Amendment No. 6 to Agreement No. 11 -100 with Parsons Transportation Group ($87,865; revised not to exceed $44,341,567) for design support services during the construction of the Beltway Operational Improvements Project. P. Amendment No. 2 to Agreement No. 15 -008 with NV5, Inc. ($1,103,333.81; revised not to exceed $11,170,805.26), for construction management services for the Beltway Operational Improvements and the Rosedale Auxiliary Lane Projects. ACTION TAKEN RES 146 -17 RES 147 -17 RES 148 -17 AGR 17 -150 AGR 17 -151 AGR 17 -152 AGR 17 -153 AGR 90- 279(4) AGR 11- 100(6) AGR 15- 008(2) Bakersfield, California, October 11, 2017 - Page 7 8. CONSENT CALENDAR continued q. On -call equipment maintenance services agreements for the Public Works Department, Wastewater Division: 1. Amendment No. 2 to Agreement No. 15- 241 with Electrical Systems and Instrumentation, Inc. ($100,000; revised not to exceed $300,000 and extend term one year). 2. Amendment No. 2 to Agreement No. 15- 242 with Wilsons Industrial Pump, Inc. ($100,000; revised not to exceed $300,000 and extend term one year). Amendment No. 3 to Agreement No. 17 -084 with W.M. Lyles ($18,971,810; revised not to exceed $21,811,472) for design and construction costs associated with the 1,2,3 - Trichloropropane (TCP) Mitigation Project. S. Professional engineering consultant agreement for the 1,2,3- Trichloropropane (TCP) Mitigation Project: Amendment No. 1 to Agreement No. 16 -250 with Provost & Pritchard Consulting Group ($33,100; revised not to exceed $733,900) for engineering services associated with water system improvements for the TCP Mitigation Project. 2. Appropriate $33,100 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Fund. t. Mount Vernon Green Waste Facility operations: 1. Amendment No. 1 to Agreement No. 17 -025 with K & I Services ($275,000; revised not to exceed $575,000; and to extend term through June 30, 2018) for the trucking of woodchips from the Mount Vernon Green Waste Facility. ACTION TAKEN AGR 15- 241(2) AGR 15- 242(2) REMOVED FOR SEPARATE CONSIDERATION AGR 16-250(l) AGR 17- 025(1) 91 Bakersfield, California, October 11, 2017 — Page 8 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.t. CONTINUED 2. Appropriate $151,000 in the County's share of the Green Waste Facility costs and $124,000 in Refuse Fund balance to the Public Works Department's Operating Budget within the Refuse Fund. Property Acquisition Agreements - TRIP: Bids: U. Accept bid from Lehr Auto Electric ($57,253.85) for Setina Manufacturing police vehicle equipment. V. Accept bid from Safety Network Holding, Inc. ($138,738.60), for traffic control devices for the Public Works Department, Streets Division. W. Accept bid and approve contract with AGR 17 -154 Stockbridge General Contracting ($2,061,000) for the Bakersfield Sports Village Phase III Soccer Stadium Improvements Project. X. Accept bid and approve contract with Eco AGR 17 -155 Energy Solutions, Inc., dba High Volt Electric ($323,625), for the Bakersfield Sports Village Phase 11 Soccer Field Lighting Project. Y. Accept bid and award contract to Granite AGR 17 -156 Construction Company, Inc. ($717,753), to construct the Westside Parkway Operational Improvements. Z. 24th Street Soundwall Project: 1. Accept bid and award contract to AGR 17 -157 James E. Thompson, Inc., dba JTS Construction ($1,377,500) to construct the project. 2. Enter into a construction management AGR 17 -158 agreement with NV5, Inc. ($172,959.92), for construction management services. Bakersfield, California, October 11, 2017 - Page 9 8. CONSENT CALENDAR continued aa. Sanitary sewer relocation for the Centennial Corridor Project: 1. Accept bid and award contract to Specialty Construction Inc. ($1,922,525), to construct the project. 2. Approve consultant agreement with AECOM ($99,392) for construction management services. Miscellaneous: ab. Appropriate $604,000 in Federal grant revenues (Selective Traffic Enforcement Program grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget. ac. Appropriate $30,000 in Federal grant revenues to the General Fund Police Operating Budget, to fund the Bicycle/ Pedestrian Safety and Education Program. ad. Appropriate $41,085 in grant funds from the California Department of Water Resources' 2014 Water- Energy Grant Program to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund. ae. Reclassification of Fleet Mechanic I to Fleet Mechanic II. Successor Agency Business: af. Receive and file Successor Agency payments from September 8, 2017, to September 28, 2017, in the amount of $315,380.00. ag. Appropriate $17,548 in Successor Housing Agency Fund balance to the Economic Development Operating Budget within the Successor Housing Agency Fund for construction of a water main and services at the 19fh Street Senior Plaza. Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.a. transmitting a corrected document. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, October 11, 2017 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Councilmember Rivera requested that items 8.d., 8.r., and 8.aa. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ag., with the removal of items 8.d., 8.r., and 8.aa. for separate consideration. Councilmember Parlier left the meeting at this time. d. Adoption of ordinance adding Sections ORD 4918 17.04.129 and 17.04.154 and amending Section 17.08.050 of the Bakersfield Municipal Code relating to commercial cannabis activity. (FR 09/20/17) Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar item 8.d. NOES RIVERA AB PARLIER r. Amendment No. 3 to Agreement No. 17 -084 AGR 17- 084(3) with W.M. Lyles ($18,971,810; revised not to exceed $21,811,472) for design and construction costs associated with the 1,2,3 - Trichloropropane (TCP) Mitigation Project. Councilmember Parlier returned to the meeting at this time. Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.r. aa. Sanitary sewer relocation for the Centennial Corridor Project: 1. Accept bid and award contract to AGR 17 -159 Specialty Construction Inc. ($1,922,525), to construct the project. 2. Approve consultant agreement with AGR 17-160 AECOM ($99,392) for construction management services. Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.aa. 9. CONSENT CALENDAR PUBLIC HEARINGS None. Bakersfield, California, October 11, 2017 - Page 11 10. HEARINGS ACTION TAKEN a. Public hearing to consider a resolution ordering RES 149 -17 the removal of the 24th Street crosswalks at Alder /A Streets and Drake /D Streets. (staff recommends approval of the resolution.) Assistant City Clerk Drimakis announced one email was received in support of the staff recommendation, and 21 emails and letters were received in opposition to the staff recommendation. Mayor Goh recessed the meeting at 6:47 p.m. and reconvened the meeting at 6:52 p.m. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 7:03 p.m. Motion by Councilmember Parlier to extend the APPROVED time period for public testimony in opposition and in support of the staff recommendation by an additional fifteen minutes. The following individuals spoke in opposition to the staff recommendation: Gary Enns (displayed a photograph on overhead projector); Terry Maxwell (submitted written material); Jason Sperber; John Wilson (submitted written material); Judith Harniman; Vanessa Vangel; Tony Dang, Executive Director of California Walks; Olivia Snider, Snider's Cyclery; Jim Ross; Jennifer Cordova; Zachary Griffin, Owner /Operator of Kern Active Transportation; Annmarie Nolan; and Vanessa Vangel, on behalf of Bob Braley (submitted written material). Tyson O'Brien spoke in support of the staff recommendation. Gary Enns and John Wilson spoke in rebuttal opposition to the staff recommendation. Tyson O'Brien spoke in rebuttal support of the staff recommendation. Bakersfield, California, October 11, 2017 — Page 12 10. HEARINGS continued ACTION TAKEN Item 10.a. CONTINUED One additional email was received in opposition to the staff recommendation prior to the end of the public hearing. Hearing item I O.a. closed at 7:52 p.m. Motion by Councilmember Gonzales to APPROVED approve the staff recommendation and direct staff to return to the Council with design plans that reflect a replacement crosswalk, as close as possible to A Street and Alder Street, between north and south 24th Street, in order to preserve the history of safe crossing. Mayor Goh recessed the meeting at 8:10 p.m. and reconvened the meeting at 8:18 p.m. b. Appeal by Christian Ramirez of the July 11, RES 150 -17 2017, decision of the Board of Zoning Adjustment to deny a Conditional Use Permit to allow a recycling center for the purchasing of California Redemption Value containers from the public in a C -1 (Neighborhood Commercial Zone) district located at 3300 Planz Road. (staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 17- 0171.) Assistant City Clerk Drimakis announced a staff memorandum was received regarding item I O.b., transmitting additional correspondence from the applicant and Dyana Anderly. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 1 O.b. opened at 8:22 p.m. The following individuals spoke in support of the staff recommendation: Arlana St. Clair (submitted written material); Frank St. Clair; and Russell Johnson, Common Sense Consulting on behalf of St. Clair Investments (submitted written material). Chris Ramirez and Dyana Anderly spoke in opposition to the staff recommendation. Bakersfield, California, October 11, 2017 - Page 13 10. HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Russell Johnson and Frank St. Clair spoke in rebuttal support of the staff recommendation. Dyana Anderly spoke in rebuttal opposition to the staff recommendation. Hearing item 10.b. closed at 8:50 p.m. Motion by Councilmember Sullivan to approve APPROVED the staff recommendation. C. Public hearing to consider Action Plan Amendments to the following U.S. Department of Housing and Urban Development Action Plans: 1. FY 2014 -15 Amendment No. 7: Transfer funds from Martin Luther King Community Center Gym Rehabilitation ($25,000 in Community Development Block Grant funds) to Bakersfield Senior Center - Gate Improvements. 2. FY 2015 -16 Amendment No. 3: Transfer funds from Community Housing Development Organization (CHDO) Set Aside ($155,226 in Home Investment Partnerships funds) to Self -Help Enterprises - Down Payment Assistance. 3. FY 2016 -17 Amendment No. 3: Transfer funds from CHDO Set Aside ($144,774 in Home Investment Partnerships funds) to Self -Help Enterprises - Down Payment Assistance. Community Development Director Kitchen advised this matter was incorrectly noticed and stated the public hearing will be re- noticed and return for Council action on November 15, 2017. No action taken. 11. REPORTS None. 12. 13. 14. Bakersfield, California, October 11, 2017 - Page 14 DEFERRED BUSINESS ACTION TAKEN None. NEW BUSINESS a. California Water Service Company franchise renewal: 1. Resolution accepting the application of RES 151 -17 California Water Service Company requesting a water franchise. 2. Resolution of intention to grant a RO! 1937 franchise to California Water Service Company. City Manager Tandy made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED Resolutions. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff explore ways to differentiate action items and non - action items on the agenda. Vice -Mayor Smith requested the Planning and Development Committee review NACTO guidelines. Vice -Mayor Smith requested the Planning and Development Committee examine ways to reduce vehicular speeds. Councilmember Parlier stated he received a message from a resident expressing appreciation of Public Works Department staff during street improvements near his home. Councilmember Parlier expressed appreciation, on behalf of Oxnard Police Chief Whitney, for the support that was provided to his Police Department and the family of an Oxnard Police Officer who was injured in Kern County. Councilmember Parlier advised that he and Councilmember Rivera will be holding their annual Trunk of Treat event on October 26th. Bakersfield, California, October 11, 2017 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier requested the Safe Neighborhoods and Community Relations Committee be given a presentation on the anti - trafficking program in Fresno. Councilmember Sullivan expressed appreciation for the entertainment that A.E.G. brings to the City. Mayor Goh expressed appreciation for an American flag provided to the City by Congressman Kevin McCarthy. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 9:04 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 9/13/2017 111-11 V 03 SUBJECT: Receive and file department payments from September 29, 2017 to October 19, 2017 in the amount of $22,674,457.58, Self Insurance payments from September 29, 2017 to October 19, 2017, in the amount of $405,037.48, totaling $23,079,495.06. Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNinll 01 20,17 D 2 E/kP Check Regitsteir/kdirNinll 01 20,17 Type BackU IMateir4� BackU IMateir4� 11101117 CC AGENDA PACKET PG 147 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 664755 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $31.00 664756 10158 ALEXANDER, SUSAN Sep 29, 2017 $40.53 664757 15461 ALVIDREZ, TONY M Sep 29, 2017 $42.50 664758 359 ANDERSON, ALLEN M Sep 29, 2017 $35.53 664759 11517 ANSON, GARY Sep 29, 2017 $42.50 664760 24927 ARRIBILLAGA, ROSEMARIE Sep 29, 2017 $42.50 664761 514 AUSTIN, MARK W Sep 29, 2017 $42.50 664762 541 AVALOS, JOHN Sep 29, 2017 $42.50 664763 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $837.99 664764 70372 BERRELLEZA,MIGUEL ANGEL Sep 29, 2017 $960.00 664765 15209 BERTRAND,FLOYD Sep 29, 2017 $42.50 664766 1111 BLACKBURN, CLEO Sep 29, 2017 $42.50 664767 14224 BUXTON, DON Sep 29, 2017 $15.55 664768 1463 CADENA, JAKE Sep 29, 2017 $42.50 664769 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $25.00 664770 1771 CARROLL, EUGENE J Sep 29, 2017 $42.50 664771 12236 COL BURN, SCOTT Sep 29, 2017 $42.50 664772 15997 COLWELL, SHIRMEY A Sep 29, 2017 $15.55 664773 2224 CORE, FLORN R Sep 29, 2017 $42.50 664774 10697 CRAWFORD, KAREN Sep 29, 2017 $42.50 664775 10047 MISC RECEIVABLE REFUND VENDOR Sep 29, 2017 $308.36 664776 2261 CUNNINGHAM, TERRY Sep 29, 2017 $35.53 664777 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $37.66 664778 2435 DE LAURIE, JERRY Sep 29, 2017 $42.50 664779 11430 DEEM, JEWELL Sep 29, 2017 $25.54 664780 25634 DIM ERG, LAUREN Sep 29, 2017 $10.56 664781 2630 DOYLE, MIKE Sep 29, 2017 $42.50 664782 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $35.00 664783 2925 FIDLER, DENNIS Sep 29, 2017 $42.50 664784 11696 FRALEY, DEBORAH Sep 29, 2017 $42.50 664785 308 GARDENERS SUPPLY INC Sep 29, 2017 $117.91 664786 12742 GEORGE, PRESTON Sep 29, 2017 $42.50 664787 14964 GI SON, BOB G Sep 29, 2017 $42.50 664788 3360 GILL BURG, GEORGE Sep 29, 2017 $42.50 664789 3403 GOLDEN STATE PETERBILT Sep 29, 2017 $474.53 664790 3452 GRAY AR ELECTRIC COMPANY Sep 29, 2017 $154.70 664791 3538 DUSTIN, WENDELL Sep 29, 2017 $18.05 664792 24139 GUTIERREZ TIRE & WHEEL INC Sep 29, 2017 $3,650.14 664793 25970 HACKER, ROBERT Sep 29, 2017 $42.50 664794 10047 MISC RECEIVABLE REFUND VENDOR Sep 29, 2017 $350.00 664795 3593 HALL LETTER SHOP Sep 29, 2017 $1,652.56 664796 11942 HALL, DENNIS Sep 29, 2017 $42.50 664797 16862 HEALTHCOMP INC Sep 29, 2017 $170.94 664798 3770 HERRERA, FRANK R Sep 29, 2017 $42.50 664799 11438 HUNTINGTON, LORRAINE Sep 29, 2017 $42.50 664800 24194 JOHNSON, CLARISSE Sep 29, 2017 $42.50 664801 27671 KELLER, MAXINE Sep 29, 2017 $42.50 664802 4435 KERN COUNTY CLERKS Sep 29, 2017 $500.00 664803 7492 KERN MACHINERY INC Sep 29, 2017 $1,877.45 664804 4680 KERN RIVER POWER EQUIPMENT INC Sep 29, 2017 $631.54 664805 21175 KISBEY, KAREN Sep 29, 2017 $42.50 664806 4861 KISCO SALES INC Sep 29, 2017 $1,521.41 664807 29173 KOTENSKI, LAMIRL Sep 29, 2017 $3.06 664808 4931 KULLRICH, DAN Sep 29, 2017 $20.55 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1-101117 CC AGENDA PACKET PG 148 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 664809 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $113.89 664810 12054 LIVERMORE, PATRICIA Sep 29, 2017 $15.55 664811 5163 LOPEZ, FRANK Sep 29, 2017 $42.50 664812 24061 MAHAFFEY, BOBBY Sep 29, 2017 $42.50 664813 7064 MERCHANTS PRINTING & ENVELOPE Sep 29, 2017 $134.06 664814 5688 MOTION INDUSTRIES INC Sep 29, 2017 $749.58 664815 10600 MOYER, MICKEY D. Sep 29, 2017 $42.50 664816 5896 NEWTON, KENNETH RAY Sep 29, 2017 $42.50 664817 11448 OXANE, CLYDE Sep 29, 2017 $42.50 664818 6022 ORTIZ, JULIO P. Sep 29, 2017 $15.55 664819 14352 OWEN, CAROL Sep 29, 2017 $20.55 664820 27975 OWEN, M ROSE Sep 29, 2017 $35.53 664821 11450 PAINTER, JULIA Sep 29, 2017 $42.50 664822 10424 SENIOR CITIZEN REFUSE REFUND Sep 29, 2017 $90.66 664823 11451 PHILLIPS, SHIRLEY A Sep 29, 2017 $42.50 664824 70373 RAMIREZ, CLARENCE Sep 29, 2017 $500.00 664825 6682 RAYMONDS TROPHY AND AWARDS Sep 29, 2017 $260.74 664826 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $2,924.22 664827 28060 ROBERTS, EMMA Sep 29, 2017 $42.50 664828 10037 MISCELLANEOUS TRUST VENDOR Sep 29, 2017 $3,314.52 664829 7357 SHERMAN, THOMAS Sep 29, 2017 $42.50 664830 7351 SHIRES, HENRY Sep 29, 2017 $42.50 664831 20816 SIMMONS CONSTRUCTION Sep 29, 2017 $1,924.00 664832 7493 SNYDER,RHENDA Sep 29, 2017 $13.05 664833 70107 SOLARCITY CORP Sep 29, 2017 $206.00 664834 20357 TEUTIMEZ, DONALD Sep 29, 2017 $42.50 664835 26861 TORRES, SHIRLEY Sep 29, 2017 $42.50 664836 24193 URSIN, MARGARET Sep 29, 2017 $42.50 664837 29174 VALLIANT, JOHN Sep 29, 2017 $30.54 664838 17940 VINCENT, LESLIE Sep 29, 2017 $42.50 664839 23357 WALCK, CORA Sep 29, 2017 $42.50 664840 9012 WILLIAMS, CATHRYN L. Sep 29, 2017 $10.56 664841 15380 WILLIAMS, ISABEL Sep 29, 2017 $42.50 664842 9052 WISHAM, DARLENE Sep 29, 2017 $42.50 664844 3403 GOLDEN STATE PETERBILT Sep 29, 2017 $4,109.92 664846 3427 GRAINGER INC, W W Sep 29, 2017 $4,024.29 664850 7933 HOME DEPOT Sep 29, 2017 $2,883.08 664852 4740 KERN TURF SUPPLY Sep 29, 2017 $1,911.85 664856 15624 LOWE'S HOME IMPROVEMENT Sep 29, 2017 $2,594.88 664858 24279 O'REILLY AUTO PARTS Sep 29, 2017 $1,224.16 664864 6114 PACIFIC GAS & ELECTRIC COMPANY Sep 29, 2017 $636,504.12 664865 28 A C ELECTRIC COMPANY Oct 5, 2017 $11,074.14 664866 537 A T & T Oct 5, 2017 $374.44 664867 22346 ABACUS I M T INC Oct 5, 2017 $668.69 664868 28318 ADVANCED CARE WELLNESS M C S LLC Oct 5, 2017 $150.00 664869 28831 ADVANCED INDUSTRIAL SERVICES Oct 5, 2017 $553.96 664870 19696 ALEMAN, KIM Oct 5, 2017 $64.20 664871 24462 ALIANZA RECYCLING & RECOVERY LLC Oct 5, 2017 $138.05 664872 19496 ALL PRO CLEANING SERVICE Oct 5, 2017 $840.00 664873 160 ALL THAT LETTERING SIGN COMPNY Oct 5, 2017 $3,690.88 664874 29445 ALPINE CHRISTMAS TREE LLC Oct 5, 2017 $2,000.00 664875 21316 ALPINE LINING LIMITED Oct 5, 2017 $14,990.00 664876 23588 ALUMINUM CHUCK WAGON Oct 5, 2017 $6,084.46 664877 26835 AMERICAN RED CROSS-HEALTH & Oct 5, 2017 $270.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1/01/17 CC AGENDA PACKET PG 14 9 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 664878 20521 ARIES INDUSTRIES INC Oct 5, 2017 $402.25 664879 22588 ARROWHEAD FORENSICS Oct 5, 2017 $2,196.55 664880 460 ARVIN EDISON WATER STORAGE DIS Oct 5, 2017 $37,530.00 664881 523 ATCO INTERNATIONAL Oct 5, 2017 $157.70 664882 18417 ATTORNEYS CERTIFIED SERVICES Oct 5, 2017 $386.50 664883 520 AUTO TINT WEST INC Oct 5, 2017 $339.14 664884 652 BACSCO Oct 5, 2017 $214.36 664885 25940 BACA, ANTHONY Oct 5, 2017 $252.00 664886 675 BAKERSFIELD CALIFORNIAN Oct 5, 2017 $454.60 664887 12135 BAKERSFIELD COLLEGE Oct 5, 2017 $59.00 664888 21258 BALLOCK, GREG Oct 5, 2017 $60.00 664889 557 BARC Oct 5, 2017 $72.95 664890 945 ARNETT'S TOWING SERVICE INC Oct 5, 2017 $70.00 664891 306 BEARCAT MFG INC Oct 5, 2017 $212.19 664892 24301 BELL, BOB Oct 5, 2017 $50.00 664893 28231 BIG BRAND TIRE & SERVICE Oct 5, 2017 $577.45 664894 29237 BLACK, JOHNNY Oct 5, 2017 $84.00 664895 21172 BLACKHOLE TECHNOLOGIES INC Oct 5, 2017 $1,623.07 664896 26219 BLOORE K9 TRAINING & CONSULTING Oct 5, 2017 $2,250.00 664897 1175 BOBS WHOLESALE AUTO GLASS Oct 5, 2017 $482.95 664898 22817 BORN AGAIN BODYWORKS Oct 5, 2017 $10,453.42 664899 1249 BRANDCO Oct 5, 2017 $485.84 664900 28709 BRAVO -RIOS, ROGELIO Oct 5, 2017 $125.00 664901 24464 BROWN, CLAUDE Oct 5, 2017 $63.00 664902 10267 BUDGET BOLT INC Oct 5, 2017 $59.13 664903 1477 CAL VALLEY EQUIPMENT INC Oct 5, 2017 $283.84 664904 28792 CATER, DANIEL TIMOTHY Oct 5, 2017 $50.00 664905 23786 CHART INDUSTRIES Oct 5, 2017 $789.86 664906 1924 CHESTER AVENUE BRAKE & SUPPLY Oct 5, 2017 $130.65 664907 21588 COCA -COLA REFRESHMENTS Oct 5, 2017 $2,782.95 664908 28762 COFFEY MGT LLC Oct 5, 2017 $130.50 664909 27509 CONTRERAS, ANGEL Oct 5, 2017 $84.00 664910 2203 CORNERSTONE ENGINEERING INC Oct 5, 2017 $5,388.50 664911 29524 CROW, JERRY Oct 5, 2017 $43.40 664912 22621 CYBER COMPUTERS INC Oct 5, 2017 $4,751.18 664913 4140 DAVID JANES COMPANY Oct 5, 2017 $6,467.99 664914 2442 DELANEY & AHLF DIESEL SERVICE INC Oct 5, 2017 $5.51 664915 27008 DESPAIN, CHRISTOPHER Oct 5, 2017 $425.00 664916 29256 DEWITZ, JEFF Oct 5, 2017 $84.00 664917 26925 DIAMOND HARDWOODS Oct 5, 2017 $471.99 664918 2613 DOUGLASS TRUCK BODIES INC Oct 5, 2017 $1,343.71 664919 29501 ECOMM TECHNOLOGIES Oct 5, 2017 $1,026.81 664920 2769 EL POPULAR CALIFORNIA Oct 5, 2017 $191.25 664921 24592 ENRIQUEZ, JAMES A. Oct 5, 2017 $81.15 664922 10376 ENRIQUEZ, JOSEPH A Oct 5, 2017 $80.69 664923 29111 ENVIROTEK CORPORATION Oct 5, 2017 $2,416.10 664924 23720 ERNEST PACKING SOLUTIONS INC Oct 5, 2017 $1,106.91 664925 2901 FEDEX Oct 5, 2017 $37.62 664926 19657 FIRST CHOICE SERVICES INC Oct 5, 2017 $395.21 664927 2981 FIVE DOGS ACTION CLUB INC Oct 5, 2017 $125.00 664928 25339 FLEET SERVICES TOWING INC Oct 5, 2017 $70.00 664929 26311 FLOWERS, MARTY Oct 5, 2017 $84.00 664930 3028 FLOYDS GENERAL STORE Oct 5, 2017 $251.45 664931 26037 FOSTER, JOHNNY Oct 5, 2017 $125.00 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 1 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 664932 29238 FOX, PERRY Oct 5, 2017 $336.00 664933 3090 FRANK J ZAMBONI & CO INC Oct 5, 2017 $4,246.95 664934 27759 FRIAS, ARTURO Oct 5, 2017 $125.00 664935 17080 GARCIA, GUSTAVO Oct 5, 2017 $117.95 664936 28916 GBLA Oct 5, 2017 $17,967.65 664937 3403 GOLDEN STATE PETERBILT Oct 5, 2017 $830.44 664938 3452 GRAY AR ELECTRIC COMPANY Oct 5, 2017 $79.70 664939 24247 DREGS PETROLEUM SERVICES INC Oct 5, 2017 $446.82 664940 21689 GRIEGO, CECELIA Oct 5, 2017 $237.74 664941 24693 GRUBBS, JOSH Oct 5, 2017 $84.00 664942 24139 GUTIERREZ TIRE & WHEEL INC Oct 5, 2017 $3,988.58 664943 3569 H & S BODY WORKS & TOWING Oct 5, 2017 $575.00 664944 3660 HARBOR FREIGHT TOOLS Oct 5, 2017 $236.80 664945 28834 INTERIOR DEMOLITION, INC Oct 5, 2017 $15,000.00 664946 28451 INTERNATIONAL COATINGS CO INC Oct 5, 2017 $7,955.37 664947 20795 IPC USA INC Oct 5, 2017 $23,441.06 664948 4089 J & E RESTAURANT SUPPLY INC Oct 5, 2017 $21.40 664949 26694 JACOBSEN WEST Oct 5, 2017 $354.26 664950 25726 JOHNSON EQUIPMENT CO. Oct 5, 2017 $94,378.66 664951 28989 K & I SERVICES INC Oct 5, 2017 $12,367.00 664952 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 5, 2017 $898.07 664953 29525 KAUFMAN, ROBERT Oct 5, 2017 $300.00 664954 4439 KERN COUNTY WASTE MANAGEMENT Oct 5, 2017 $1,689.82 664955 7492 KERN MACHINERY INC Oct 5, 2017 $770.38 664956 4680 KERN RIVER POWER EQUIPMENT INC Oct 5, 2017 $596.56 664957 4701 KERN SPRINKLER LANDSCAPING INC Oct 5, 2017 $3,294.00 664958 23434 KINNEY, STEVEN P Oct 5, 2017 $770.00 664959 4861 KISCO SALES INC Oct 5, 2017 $428.98 664960 28128 KITCHEN, JACQUELYN Oct 5, 2017 $263.74 664961 4277 KME FIRE APPARATUS Oct 5, 2017 $73.22 664962 22258 KAMAN, LARRY Oct 5, 2017 $25.00 664963 12552 KURB KUT Oct 5, 2017 $788.00 664964 23743 LANDSCAPE DEVELOPMENT INC Oct 5, 2017 $875.00 664965 19345 LOMAS, BARBARA Oct 5, 2017 $50.00 664966 19334 MALDONADO, DANIEL R Oct 5, 2017 $2,385.00 664967 29239 MALDONADO, JAVIER Oct 5, 2017 $168.00 664968 26124 MARANATHA GARDENING & LANDSCAPE INC Oct 5, 2017 $875.00 664969 27416 MENDOZA, JAIME A Oct 5, 2017 $125.00 664970 7064 MERCHANTS PRINTING & ENVELOPE Oct 5, 2017 $223.62 664971 14119 METRO RECORD STORAGE INC Oct 5, 2017 $112.00 664972 19252 MEYER CIVIL ENGINEERING INC Oct 5, 2017 $466.50 664973 24077 MICHEL AUTO TECH Oct 5, 2017 $2,112.70 664974 1316 MICHELIN NORTH AMERICA INC Oct 5, 2017 $12,758.88 664975 27731 MILLER, JEFFERY Oct 5, 2017 $125.00 664976 28768 MKN & ASSOCIATES INC Oct 5, 2017 $14,790.80 664977 19168 MMI SERVICES INC Oct 5, 2017 $555.00 664978 5688 MOTION INDUSTRIES INC Oct 5, 2017 $1,755.08 664979 5687 MOTOR CITY SALES & SERVICE Oct 5, 2017 $468.22 664980 29249 MOTOR VEHICLE NETWORK Oct 5, 2017 $812.00 664981 28806 MOUNTAIN VIEW FARMS & ECG CORP Oct 5, 2017 $787.77 664982 885 MSC INDUSTRIAL SUPPLY CO INC Oct 5, 2017 $65.67 664983 29391 NEW LIFE CENTER Oct 5, 2017 $3,300.00 664984 5923 NORTH KERN WATER STORAGE DIST Oct 5, 2017 $1,500.00 664985 15651 NSI SOLUTIONS INC Oct 5, 2017 $1,278.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1/01/17 CC AGENDA PACKET PG 151 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 664986 25953 NVB EQUIPMENT INC Oct 5, 2017 $263.36 664987 24279 O'REILLY AUTO PARTS Oct 5, 2017 $675.25 664988 22998 OMNIPRESENT PUPPET THEATER Oct 5, 2017 $168.00 664989 10361 OPEN & SHUT ENTERPRISES Oct 5, 2017 $321.75 664990 14515 OXLEY'S PEST CONTROL INC Oct 5, 2017 $100.00 664991 6448 P T O SALES CORP / TRUCKPRO LLC Oct 5, 2017 $330.38 664992 13209 PARKHOUSE TIRE INC Oct 5, 2017 $2,520.35 664993 29336 PATRICK, MATTHEW Oct 5, 2017 $594.00 664994 6263 PENSINGER TRAILER RENTALS Oct 5, 2017 $1,735.61 664995 25424 PET WASTE ELIMINATOR INC Oct 5, 2017 $850.40 664996 27514 PHILLIPS, CHARLIE Oct 5, 2017 $252.00 664997 13131 PLAYSAFE LLC Oct 5, 2017 $1,150.00 664998 27911 PORTERVILLE FORD Oct 5, 2017 $2,452.59 664999 28567 PRESORT CENTER OF FRESNO LLC Oct 5, 2017 $160.78 665000 20415 PROFORCE LAW ENFORCEMENT INC Oct 5, 2017 $636.80 665001 26997 PROVOST & PRITCHARD CONSULTING INC Oct 5, 2017 $1,437.50 665002 29338 PSC INDUSTRIAL OUTSOURCING LP Oct 5, 2017 $41,600.00 665003 3249 RAY GASKIN SERVICE INC Oct 5, 2017 $715.36 665004 28480 READY REFRESH Oct 5, 2017 $46.10 665005 22196 RESOURCE MACHINERY & ENGINEERING Oct 5, 2017 $2,226.12 665006 28020 REYES, CHRISTOPHER Oct 5, 2017 $125.00 665007 28837 RICHARDS CRANE SERVICE LLC Oct 5, 2017 $1,447.72 665008 29257 RIVERA, FRANCISCO Oct 5, 2017 $336.00 665009 29099 ROTATIONAL MOLDING INC Oct 5, 2017 $27,581.70 665010 6915 ROUND -UP FEED AND PET SUPPLY Oct 5, 2017 $267.00 665011 20499 ROUTH, ROBERT Oct 5, 2017 $205.00 665012 13860 RUETTGERS & SCHULER CIVIL ENG Oct 5, 2017 $2,534.95 665013 6953 S & S ARTS AND CRAFTS Oct 5, 2017 $865.16 665014 27361 SC FUELS Oct 5, 2017 $2,518.91 665015 27558 SCHWARTZ, RICHARD Oct 5, 2017 $25.00 665016 7189 SCHWEBEL PETROLEUM CO Oct 5, 2017 $1,162.65 665017 28226 SENTRY CONTROL SYSTEMS Oct 5, 2017 $19,071.00 665018 10144 SERVICEMASTER OF BAKERSFIELD Oct 5, 2017 $1,865.00 665019 1135 SIMENTAL & CO Oct 5, 2017 $1,144.35 665020 19121 SIMPLEXGRINNELL Oct 5, 2017 $579.67 665021 11566 SOIL CONTROL LAB INC Oct 5, 2017 $833.00 665022 23456 SORENSON,VERNON MD INC Oct 5, 2017 $31,237.38 665023 11907 SPARKLETTS /SIERRA SPRINGS Oct 5, 2017 $321.21 665024 7586 SPECIALTY TRIM & AWNING INC Oct 5, 2017 $789.30 665025 7609 SPRINT Oct 5, 2017 $150.00 665026 28496 SUPPLYWORKS Oct 5, 2017 $1,866.29 665027 28163 SWITZER, PHILIP Oct 5, 2017 $168.00 665028 28832 T- MOBILE USA Oct 5, 2017 $451.00 665029 276 TAYLOR EQUIPMENT & REPAIR, INC Oct 5, 2017 $1,668.60 665030 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Oct 5, 2017 $91.53 665031 28733 TELELANGUAGE INC Oct 5, 2017 $872.19 665032 851 TENNANT COMPANY Oct 5, 2017 $152.83 665033 19961 THE HON COMPANY -C /O STINSONS Oct 5, 2017 $534.23 665034 29526 THE UPS STORE #3688 Oct 5, 2017 $114.48 665035 23837 TPX COMMUNICATIONS Oct 5, 2017 $1,568.16 665036 21369 TRANS -WEST SECURITY INC Oct 5, 2017 $3,891.84 665037 21305 TREK DIGITAL PRODUCTS INC Oct 5, 2017 $77.97 665038 29523 TUIG, JUSTIN VANDER Oct 5, 2017 $125.00 665039 96 TYACK TIRES INC Oct 5, 2017 $1,685.97 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 152 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665040 13216 U S BANK TRUST NA Oct 5, 2017 $6,612.57 665041 8319 UNITED PARCEL SERVICE Oct 5, 2017 $67.38 665042 10174 VALLEY PRINTERS Oct 5, 2017 $5,735.40 665043 26060 VANGUARD CLEANING SYSTEMS INC Oct 5, 2017 $1,126.75 665044 1286 V PAINTING Oct 5, 2017 $1,035.69 665045 15482 VULCAN MATERIALS CO Oct 5, 2017 $70,949.22 665046 5158 W M LYLES COMPANY Oct 5, 2017 $572,949.75 665047 25957 WADE, PATRICK Oct 5, 2017 $25.00 665048 8811 WATER ASSOCIATION OF KERN COON Oct 5, 2017 $70.00 665049 14647 WAXIE SANITARY SUPPLY INC Oct 5, 2017 $2,258.81 665050 29153 WENDALE DAVIS FOUNDATION Oct 5, 2017 $1,586.00 665051 26447 WESTCOAST HYDRAULICS Oct 5, 2017 $1,167.00 665052 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 5, 2017 $933.19 665053 8995 WHOLESALE FUELS Oct 5, 2017 $296.18 665054 29455 WISE DEMOLITION Oct 5, 2017 $140.00 665055 11228 WOOD & RANDALL INC Oct 5, 2017 $300.00 665056 11063 ZARAGOZA, MARISELA Oct 5, 2017 $200.63 665057 9244 ZEP MANUFACTURING COMPANY Oct 5, 2017 $1,226.82 665058 25879 ZOOM IMAGING SOLUTIONS, INC. Oct 5, 2017 $594.75 665059 29283 A T & T Oct 5, 2017 $120.00 665062 78 ADVANCED DISTRIBUTION CO Oct 5, 2017 $13,953.02 665063 12516 AIMS Oct 5, 2017 $504.77 665064 16602 ASCE MEMBERSHIP Oct 5, 2017 $300.00 665066 18692 BOUND TREE MEDICAL LLC Oct 5, 2017 $3,033.22 665067 19113 BRANSON, DARRIN Oct 5, 2017 $4,640.00 665068 29521 BRIDGESTONE RETAIL OPERATIONS LLC Oct 5, 2017 $4,440.00 665070 22565 BURTCH CONSTRUCTION INC Oct 5, 2017 $65,689.38 665072 1696 CALIFORNIA WATER SERVICE Oct 5, 2017 $83,326.24 665074 27074 CEN-CAL CONSTRUCTION INC Oct 5, 2017 $53,637.35 665075 27074 CEN-CAL CONSTRUCTION INC Oct 5, 2017 $63,327.31 665076 17023 CITY OF BAKERSFIELD Oct 5, 2017 $19,521.00 665077 29531 DAVIS, BRANDON Oct 5, 2017 $1,223.00 665078 29410 EATON, MISTY PETTY CASH CUSTODIAN Oct 5, 2017 $91.94 665082 3358 GILLIAM & SONS INC Oct 5, 2017 $115,177.70 665084 3427 GRAINGER INC, W W Oct 5, 2017 $2,403.54 665086 3450 GRANITE CONSTRUCTION INC Oct 5, 2017 $246,394.33 665087 3450 GRANITE CONSTRUCTION INC Oct 5, 2017 $436,830.50 665088 29520 GSS LLC Oct 5, 2017 $1,015.00 665090 7933 HOME DEPOT Oct 5, 2017 $1,269.04 665093 4740 KERN TURF SUPPLY Oct 5, 2017 $3,874.02 665094 5133 LOOP ELECTRIC INC Oct 5, 2017 $54,550.00 665096 15624 LOWE'S HOME IMPROVEMENT Oct 5, 2017 $2,380.07 665097 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 5, 2017 $2,872.10 665098 29519 PETREE, LINDA RUTH Oct 5, 2017 $2,400.00 665099 29522 ROBERTSON, WILLIAM C & ROBERTA L Oct 5, 2017 $11,400.00 665100 29518 RODRIGUEZ, RAUL & CHRISTINA Oct 5, 2017 $3,800.00 665101 29530 SAN FRANCISCO MARRIOTT MARQUIS Oct 5, 2017 $569.02 665102 29529 SELF HELP COUNTIES COALITION/2017 Oct 5, 2017 $550.00 665103 29529 SELF HELP COUNTIES COALITION/2017 Oct 5, 2017 $550.00 665104 7096 SJVAPCD Oct 5, 2017 $525.00 665105 7096 SJVAPCD Oct 5, 2017 $528.00 665106 7509 SOCALGAS Oct 5, 2017 $43.56 665107 7508 SOUTHERN CALIFORNIA EDISON CO. Oct 5, 2017 $565.46 665108 29532 SURVEYMONKEY Oct 5, 2017 $408.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1/01/17 CC AGENDA PACKET PG 153 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665109 21314 TICOR TITLE COMPANY INC Oct 5, 2017 $4,227.40 665110 21314 TICOR TITLE COMPANY INC Oct 5, 2017 $5,587.40 665111 27924 TODAY CLEANERS #16 Oct 5, 2017 $143.88 665112 22218 TOPETE, LUIS Oct 5, 2017 $115.00 665115 10428 UNITED REFRIGERATION INC Oct 5, 2017 $1,743.71 665116 8611 VAUGHN WATER CO., INC. Oct 5, 2017 $42.37 665117 10037 MISCELLANEOUS TRUST VENDOR Oct 6, 2017 $275.00 665118 16862 HEALTHCOMP INC Oct 6, 2017 $6.93 665119 10037 MISCELLANEOUS TRUST VENDOR Oct 6, 2017 $75.00 665120 10047 MISC RECEIVABLE REFUND VENDOR Oct 6, 2017 $223.00 665121 70376 PORI, ERIC A Oct 6, 2017 $1,000.00 665122 70375 TAMRYN INVESTMENTS LLC Oct 6, 2017 $1,000.00 665123 28865 BLUE SHIELD OF CALIFORNIA Oct 6, 2017 $608,885.85 665124 70374 CARMEN M LUEVANOS TRUST Oct 6, 2017 $1,000.00 665125 10037 MISCELLANEOUS TRUST VENDOR Oct 6, 2017 $392.00 665126 12857 KAISER PERMANENTE Oct 6, 2017 $40,833.00 665127 10037 MISCELLANEOUS TRUST VENDOR Oct 6, 2017 $392.00 665128 10113 MEDICAL EYE SERVICE COMPANY Oct 6, 2017 $188.03 665129 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 6, 2017 $77,634.29 665131 7638 STATE BOARD OF EQUALIZATION Oct 6, 2017 $3,290.00 665132 29221 UNITED CONCORDIA DENTAL PLANS OF CA Oct 6, 2017 $7,176.20 665133 10204 ASSOCIATION BKFD POLICE OFFICER FCU Oct 6, 2017 $14,134.45 665134 10211 BAKERSFIELD FIREMEN Oct 6, 2017 $8,996.61 665135 10200 BAKERSFIELD FIREMEN RELIEF ASS Oct 6, 2017 $8,495.66 665136 10203 BAKERSFIELD POLICE BENEFIT Oct 6, 2017 $24,327.35 665137 10205 MUTUAL BENEFIT ASSOCIATION Oct 6, 2017 $2,028.80 665138 26810 RELIASTAR LIFE INSURANCE CO Oct 6, 2017 $1,034.77 665139 22324 SEIU LOCAL 521 Oct 6, 2017 $20,762.17 665140 28860 A T & T Oct 12, 2017 $15,612.03 665141 26559 A 1 PRECISION BUILDERS Oct 12, 2017 $1,860.00 665142 22346 ABACUS I M T INC Oct 12, 2017 $1,672.11 665143 28764 ABM ONSITE SERVICE - WEST INC Oct 12, 2017 $769.59 665144 25208 ACCESS CONTROLS INC Oct 12, 2017 $2,450.00 665145 78 ADVANCED DISTRIBUTION CO Oct 12, 2017 $1,488.42 665146 28831 ADVANCED INDUSTRIAL SERVICES Oct 12, 2017 $3,679.76 665147 17100 AEROS ENVIRONMENTAL INC Oct 12, 2017 $3,285.00 665148 12516 AIMS Oct 12, 2017 $33,771.33 665149 26563 AIR SCIENCE Oct 12, 2017 $180.00 665150 160 ALL THAT LETTERING SIGN COMPNY Oct 12, 2017 $760.66 665151 20182 ALON ASPHALT BAKERSFIELD INC Oct 12, 2017 $1,688.61 665152 23588 ALUMINUM CHUCK WAGON Oct 12, 2017 $11,093.24 665153 347 AMREP INC Oct 12, 2017 $115.13 665154 16602 ASCE MEMBERSHIP Oct 12, 2017 $300.00 665155 18417 ATTORNEYS CERTIFIED SERVICES Oct 12, 2017 $511.00 665156 536 AVERY ASSOCIATES Oct 12, 2017 $3,150.00 665157 652 BACSCO Oct 12, 2017 $433.99 665158 25940 BACA, ANTHONY Oct 12, 2017 $315.00 665159 646 BAKER, BOBBY Oct 12, 2017 $180.00 665160 675 BAKERSFIELD CALIFORNIAN Oct 12, 2017 $492.22 665161 971 BAKERSFIELD PLUMBING CO INC Oct 12, 2017 $178.00 665162 28617 BALANDRAN, MARTHA Oct 12, 2017 $237.98 665163 557 BARC Oct 12, 2017 $21.60 665164 13424 BARNES WELDING SUPPLY Oct 12, 2017 $73.82 665165 28231 BIG BRAND TIRE & SERVICE Oct 12, 2017 $1,161.49 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 154 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665166 23444 BILLINGSLEY, MATTHEW Oct 12, 2017 $1,267.12 665167 29103 BIOENERGY ASSOCIATION OF CALIF Oct 12, 2017 $550.00 665168 29237 BLACK, JOHNNY Oct 12, 2017 $84.00 665169 21172 BLACKHOLE TECHNOLOGIES INC Oct 12, 2017 $1,831.49 665170 25952 BONANDER FEATHERLITE INC Oct 12, 2017 $662.63 665171 22817 BORN AGAIN BODYWORKS Oct 12, 2017 $4,833.37 665172 24464 BROWN, CLAUDE Oct 12, 2017 $252.00 665173 1314 BROWNELLS INC Oct 12, 2017 $96.11 665174 16565 BTE COMMUNICATIONS Oct 12, 2017 $190.00 665175 10267 BUDGET BOLT INC Oct 12, 2017 $156.11 665176 23090 BURTONS FIRE INC Oct 12, 2017 $1,811.72 665177 1477 CAL VALLEY EQUIPMENT INC Oct 12, 2017 $145.00 665178 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Oct 12, 2017 $3,977.98 665179 15083 CALIFORNIA PLANNING & DEVELOPMENT Oct 12, 2017 $238.00 665180 1725 CALTRANS Oct 12, 2017 $4,019.56 665181 18347 CAROLINA SOFTWARE Oct 12, 2017 $500.00 665182 29538 CARRIER, BRIANNA Oct 12, 2017 $125.00 665183 20982 C LIGHTING & CONTROLS INC Oct 12, 2017 $375.57 665184 27074 CEN-CAL CONSTRUCTION INC Oct 12, 2017 $50,308.50 665185 1888 CHAMPION HARDWARE Oct 12, 2017 $248.61 665186 23786 CHART INDUSTRIES Oct 12, 2017 $408.62 665187 14931 CHEM PRO LABORATORY INC Oct 12, 2017 $300.00 665188 2016 CLARK PEST CONTROL INC Oct 12, 2017 $48.00 665189 25259 COMMERCIAL CLEANING SYSTEMS INC Oct 12, 2017 $4,505.00 665190 25291 CONSOLIDATED FABRICATORS CORP Oct 12, 2017 $865.67 665191 27509 CONTRERAS, ANGEL Oct 12, 2017 $168.00 665192 10285 CRIDER CONSTRUCTION INC Oct 12, 2017 $9,079.12 665193 27839 CRITTERS WITHOUT LITTERS Oct 12, 2017 $3,280.00 665194 2245 CROCKER JANITORIAL SUPPLY CO Oct 12, 2017 $291.72 665195 23132 CUEVAS,ADAN Oct 12, 2017 $10.00 665196 2253 CULLIGAN WATER CONDITIONING Oct 12, 2017 $55.20 665197 27218 CUMMINS PACIFIC LLC Oct 12, 2017 $14,405.63 665198 25337 DAVIES FLEET MAINT & TOWING INC Oct 12, 2017 $75.00 665199 29209 DAVIS, APRIL Oct 12, 2017 $1,858.95 665200 25962 DEFINITI COMP SOLUTIONS Oct 12, 2017 $117.64 665201 11271 DEPARTMENT OF TRANSPORTATION Oct 12, 2017 $1,888.21 665202 29256 DEWITZ, JEFF Oct 12, 2017 $84.00 665203 24213 DIAMOND H HAULING Oct 12, 2017 $550.00 665204 18544 DUANE MORRIS LLP Oct 12, 2017 $40,156.85 665205 2656 DUNN EDWARDS CORPORATION Oct 12, 2017 $113.69 665206 27898 ELECTRICAL SYSTEMS & INST INC Oct 12, 2017 $4,542.32 665207 16624 FASTENAL COMPANY Oct 12, 2017 $301.76 665208 13056 FICK, MARK Oct 12, 2017 $66.00 665209 28511 FIRST ADVANTAGE BACKGROUND Oct 12, 2017 $2.00 665210 19657 FIRST CHOICE SERVICES INC Oct 12, 2017 $386.04 665211 25339 FLEET SERVICES TOWING INC Oct 12, 2017 $35.00 665212 26311 FLOWERS, MARTY Oct 12, 2017 $84.00 665213 3028 FLOYDS GENERAL STORE Oct 12, 2017 $115.46 665214 29238 FOX, PERRY Oct 12, 2017 $336.00 665215 29018 FRUITVALE AUTOMOTIVE Oct 12, 2017 $2,919.58 665216 3213 GALLS, LLC Oct 12, 2017 $859.68 665217 28064 GENERAL TREE SERVICE INC Oct 12, 2017 $29,381.00 665218 3358 GILLIAM & SONS INC Oct 12, 2017 $66,771.00 665219 18722 GLOBALSTAR USA INC Oct 12, 2017 $69.40 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1/01/17 CC AGENDA PACKET PG 155 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665220 3450 GRANITE CONSTRUCTION INC Oct 12, 2017 $43,747.60 665221 24247 DREGS PETROLEUM SERVICES INC Oct 12, 2017 $7,835.71 665222 24693 GRUBBS, JOSH Oct 12, 2017 $84.00 665223 3569 H & S BODY WORKS & TOWING Oct 12, 2017 $2,851.73 665224 3579 HACH COMPANY Oct 12, 2017 $1,867.50 665225 29457 HARTZELL AIR MVMT C/O J E PHILLIPS Oct 12, 2017 $35,829.06 665226 27730 HEMBREE, DYLAN Oct 12, 2017 $91.00 665227 3750 HENRY LEASING & MFG CO Oct 12, 2017 $716.50 665228 20543 HOOVER, DIANNE Oct 12, 2017 $656.68 665229 20621 ICF JONES & STOKES INC Oct 12, 2017 $2,370.00 665230 3969 INSTANT STORAGE Oct 12, 2017 $100.99 665231 15312 INTERNATIONAL ASSOC OF ARSON Oct 12, 2017 $600.00 665232 19913 INTERNATIONAL CODE COUNCIL W REG Oct 12, 2017 $105.00 665233 20795 IPC USA INC Oct 12, 2017 $44,761.68 665234 28917 JAN-PRO CLEANING SYSTEMS Oct 12, 2017 $1,365.00 665235 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Oct 12, 2017 $125.29 665236 28989 K & I SERVICES INC Oct 12, 2017 $16,539.00 665237 22073 KERN COUNTY PARALEGAL ASSOC Oct 12, 2017 $50.00 665238 4573 KERN COUNTY WATER AGENCY Oct 12, 2017 $45,227.77 665239 4677 KERN REFUSE DISPOSAL, INC Oct 12, 2017 $1,371,372.05 665240 4701 KERN SPRINKLER LANDSCAPING INC Oct 12, 2017 $16,348.00 665241 70289 KINCO GENERAL CONSTRUCTION Oct 12, 2017 $2,400.00 665242 23434 KINNEY, STEVEN P Oct 12, 2017 $1,645.00 665243 14219 L A GRINDING INC Oct 12, 2017 $105.00 665244 23743 LANDSCAPE DEVELOPMENT INC Oct 12, 2017 $875.00 665245 29268 LAWSON PRODUCTS INC Oct 12, 2017 $365.87 665246 28956 LID MAINTENANCE & CONSTRUCTION Oct 12, 2017 $775.00 665247 22408 LEHR AUTO ELECTRIC Oct 12, 2017 $1,073.36 665248 28755 LEVEL 3 COMMUNICATIONS LLC Oct 12, 2017 $1,337.72 665249 10955 LEXISNEXIS Oct 12, 2017 $606.95 665250 1030 LEXISNEXIS MATTHEW BENDER & CO Oct 12, 2017 $971.56 665251 29239 MALDONADO, JAVIER Oct 12, 2017 $126.00 665252 25274 MARTIN & SONS UPHOLSTERY Oct 12, 2017 $285.00 665253 5262 MARTIN, LYLE Oct 12, 2017 $205.00 665254 23213 MAYLINE GROUP Oct 12, 2017 $1,756.03 665255 18731 MCPC Oct 12, 2017 $906.26 665256 26902 MENDOZA & ASSOCIATES INC Oct 12, 2017 $1,200.70 665257 20350 MENENDEZ, ALEX Oct 12, 2017 $250.00 665258 7064 MERCHANTS PRINTING & ENVELOPE Oct 12, 2017 $3,315.10 665259 12748 MERRIMAN HURST & ASSOCIATES INC Oct 12, 2017 $2,100.00 665260 14119 METRO RECORD STORAGE INC Oct 12, 2017 $90.00 665261 19252 MEYER CIVIL ENGINEERING INC Oct 12, 2017 $145.00 665262 24077 MICHEL AUTO TECH Oct 12, 2017 $1,499.18 665263 1316 MICHELIN NORTH AMERICA INC Oct 12, 2017 $814.71 665264 25631 MISAC Oct 12, 2017 $1,700.00 665265 19305 MOORE IACOFANO GOLTSMAN INC Oct 12, 2017 $1,952.50 665266 885 MSC INDUSTRIAL SUPPLY CO INC Oct 12, 2017 $16.78 665267 26101 MULOCK FAMILY TRUST Oct 12, 2017 $255.97 665268 22058 NET TRANSCRIPTS, INC. Oct 12, 2017 $54.85 665269 5889 NEWARK ELECTRONICS INC Oct 12, 2017 $53.91 665270 5838 NFRA Oct 12, 2017 $368.77 665271 18888 NIEMEYER & ASSOCIATES INC Oct 12, 2017 $2,504.53 665272 25752 NISHIKAWA PROPERTY MAINTENANCE INC Oct 12, 2017 $9,309.00 665273 3910 O'CONNOR PEST CONTROL Oct 12, 2017 $295.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1/01/17 CC AGENDA PACKET PG 156 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665274 10361 OPEN & SHUT ENTERPRISES Oct 12, 2017 $642.70 665275 10495 OWENS, BILLY Oct 12, 2017 $45.00 665276 6448 P T O SALES CORP / TRUCKPRO LLC Oct 12, 2017 $92.33 665277 6122 PACIFIC POWER INC Oct 12, 2017 $7.24 665278 20828 PARSONS TRANSPORTATION GROUP INC Oct 12, 2017 $422,014.64 665279 70028 PAVLETICH ELECTRIC INC Oct 12, 2017 $1,690.00 665280 26653 PAYLESS FREIGHT Oct 12, 2017 $180.00 665281 11272 PEOPLE FACTS LLC Oct 12, 2017 $21.67 665282 28567 PRESORT CENTER OF FRESNO LLC Oct 12, 2017 $723.00 665283 27546 PRIEST, JOSHUA Oct 12, 2017 $6,375.00 665284 26997 PROVOST & PRITCHARD CONSULTING INC Oct 12, 2017 $15,464.65 665285 6527 PULLTARPS MFG Oct 12, 2017 $1,279.08 665286 25313 R & A UPHOLSTERY Oct 12, 2017 $150.00 665287 6653 RAIN FOR RENT INC Oct 12, 2017 $1,938.92 665288 6682 RAYMONDS TROPHY AND AWARDS Oct 12, 2017 $214.60 665289 28480 READY REFRESH Oct 12, 2017 $654.89 665290 19224 REDFLEX INC Oct 12, 2017 $62,373.70 665291 29257 RIVERA, FRANCISCO Oct 12, 2017 $252.00 665292 28348 RODRIGUEZ, JESSE Oct 12, 2017 $91.00 665293 6915 ROUND -UP FEED AND PET SUPPLY Oct 12, 2017 $259.50 665294 29536 SALADO, JONATHAN Oct 12, 2017 $393.94 665295 27361 SC FUELS Oct 12, 2017 $2,358.90 665296 25787 SCOTT VALLEY BANK Oct 12, 2017 $20,100.00 665297 22839 SECURITY PAVING CO, INC Oct 12, 2017 $4,035,737.71 665298 28253 SERVPRO OF NW BAKERSFIELD Oct 12, 2017 $285.00 665299 26203 SIERRA CONST & EXCAVATION INC Oct 12, 2017 $24,496.51 665300 25246 SIGLER INC Oct 12, 2017 $63.46 665301 26693 SIGN WAREHOUSE Oct 12, 2017 $791.82 665302 18005 SLATER PLUMBING & MECHANICAL Oct 12, 2017 $1,831.49 665303 7434 SMART & FINAL IRIS COMPANY Oct 12, 2017 $191.19 665304 28669 SOFTWARE ONE INC Oct 12, 2017 $313,911.46 665305 23456 SORENSON,VERNON MD INC Oct 12, 2017 $105.00 665306 29537 SOULES, FERNANDO Oct 12, 2017 $126.00 665307 26481 SOUTHWESTERN SALES CO Oct 12, 2017 $137.82 665308 26607 SPARKLING IMAGE CAR WASH Oct 12, 2017 $21.99 665309 7586 SPECIALTY TRIM & AWNING INC Oct 12, 2017 $180.00 665310 20285 SUPPLY SERGEANT INC Oct 12, 2017 $552.19 665311 28496 SUPPLYWORKS Oct 12, 2017 $1,764.38 665312 28163 SWITZER, PHILIP Oct 12, 2017 $168.00 665313 21158 TARGET SPECIALITY PRODUCTS Oct 12, 2017 $21,020.85 665314 24444 TEICHERT CONSTRUCTION Oct 12, 2017 $10,000.00 665315 7878 TELECOM LAW FIRM PC Oct 12, 2017 $1,025.00 665316 27973 TEMPEST INTERACTIVE MEDIA LLC Oct 12, 2017 $200.00 665317 25338 TEN EIGHT TOW INC Oct 12, 2017 $35.00 665318 17153 TERMINIX INTERNATIONAL INC Oct 12, 2017 $250.00 665319 17175 THYSSENKRUPP ELEVATOR INC Oct 12, 2017 $1,296.99 665320 8084 TOTER LLC Oct 12, 2017 $20,238.51 665321 96 TYACK TIRES INC Oct 12, 2017 $689.84 665322 13216 U S BANK TRUST NA Oct 12, 2017 $3,025.00 665323 15212 U.S. BEHAVIORAL HEALTH PLAN Oct 12, 2017 $1,122.66 665324 27086 VALENTI, MARY Oct 12, 2017 $1,500.00 665325 26060 VANGUARD CLEANING SYSTEMS INC Oct 12, 2017 $1,881.00 665326 15482 VULCAN MATERIALS CO Oct 12, 2017 $23,531.58 665327 28739 WESTAIR GASES & EQUIPMENT INC Oct 12, 2017 $76.55 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 157 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 9/29/2017 to 10/19/2017 Check Number 665328 665329 665330 665331 665332 665333 665334 665335 665337 665340 665341 665342 665343 665344 665345 665346 665347 665348 665349 665350 665351 665354 665356 Vendor Number Vendor Name 665357 28567 PRESORT CENTER OF FRESNO LLC 665358 7096 SJVAPCD 665359 7096 SJVAPCD 665360 7509 SOCALGAS 665361 27976 STATE WATER RESOURCES CONTROL BOARD 665363 14647 WAXIE SANITARY SUPPLY INC 665364 30002 MEDICAL EYE SERVICE COMPANY 665365 26810 RELIASTAR LIFE INSURANCE CO 665366 30027 U S BANK - PARS #6746022400 665367 30029 UNITED CONCORDIA DENTAL PLANS OF CA 665368 30020 UNUM 665369 70050 ACTION SPORTS 665370 10037 MISCELLANEOUS TRUST VENDOR 665371 10037 MISCELLANEOUS TRUST VENDOR 665372 10037 MISCELLANEOUS TRUST VENDOR 665373 10047 MISC RECEIVABLE REFUND VENDOR 665374 70183 BERETTA INVESTMENT GROUP 665375 10037 MISCELLANEOUS TRUST VENDOR 665376 10037 MISCELLANEOUS TRUST VENDOR 665377 70348 BOBBY CLOUD LAW 665378 10037 MISCELLANEOUS TRUST VENDOR 665379 10047 MISC RECEIVABLE REFUND VENDOR 665380 1694 CALIFORNIA WATER SERVICE 665381 10047 MISC RECEIVABLE REFUND VENDOR 665382 10047 MISC RECEIVABLE REFUND VENDOR 665383 1884 CHAIN COHN STILES 665384 10047 MISC RECEIVABLE REFUND VENDOR 665385 10037 MISCELLANEOUS TRUST VENDOR Check Date Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 12, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 Oct 13, 2017 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 1 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665386 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665387 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $765.77 665388 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $869.18 665389 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $666.55 665390 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $530.63 665391 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $791.91 665392 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665393 70009 DOWNTOWN BUSINESS ASSOC Oct 13, 2017 $500.00 665394 24281 DUNN- YONKE, DEBRA Oct 13, 2017 $157.50 665395 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $179.00 665396 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $100.00 665397 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665398 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $123.50 665399 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $252.00 665400 3660 HARBOR FREIGHT TOOLS Oct 13, 2017 $80.40 665401 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665402 16862 HEALTHCOMP INC Oct 13, 2017 $170.94 665403 25473 HEARTS CONNECTION Oct 13, 2017 $500.00 665404 25660 HORIZON WATER & ENVIRONMENT LLC Oct 13, 2017 $11,770.43 665405 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $164.88 665406 4089 J & E RESTAURANT SUPPLY INC Oct 13, 2017 $546.31 665407 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $1,489.26 665408 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $1,743.29 665409 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665410 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $20.34 665411 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665412 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $893.55 665413 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665414 4243 JORGENSEN & CO Oct 13, 2017 $297.42 665415 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 13, 2017 $299.06 665416 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665417 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665418 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665419 4435 KERN COUNTY CLERKS Oct 13, 2017 $150.00 665420 70303 KERN COUNTY HISPANIC CHAMBER OF Oct 13, 2017 $500.00 665421 4581 KERN ELECTRIC DISTRIBUTORS Oct 13, 2017 $8,794.50 665422 7492 KERN MACHINERY INC Oct 13, 2017 $803.45 665423 4680 KERN RIVER POWER EQUIPMENT INC Oct 13, 2017 $818.12 665424 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665425 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $103.00 665426 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665427 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665428 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $188.80 665429 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665430 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $111.00 665431 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665432 7064 MERCHANTS PRINTING & ENVELOPE Oct 13, 2017 $2,651.88 665433 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $157.79 665434 28366 MINOR, TYLER Oct 13, 2017 $258.70 665435 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $267.48 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 11J 1/17 CC AGENDA PACKET PG 1 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665436 5688 MOTION INDUSTRIES INC Oct 13, 2017 $2,483.58 665437 5687 MOTOR CITY SALES & SERVICE Oct 13, 2017 $83.18 665438 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $390.38 665439 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $77.00 665440 10114 O'DONLEY, LONI Oct 13, 2017 $65.00 665441 24279 O'REILLY AUTO PARTS Oct 13, 2017 $14.03 665442 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $372.68 665443 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665444 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665445 70162 PHANTOM FIREWORKS Oct 13, 2017 $1,700.00 665446 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $150.41 665447 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $549.95 665448 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $206.06 665449 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665450 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $240.16 665451 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665452 70025 RO O PLUMBING Oct 13, 2017 $200.00 665453 70148 RODRIGUEZ & ASSOCIATES Oct 13, 2017 $161.03 665454 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $24.30 665455 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $425.83 665456 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $53.94 665457 28920 SIMS, RONALD Oct 13, 2017 $182.00 665458 16913 SKARPHOL ASSOCIATES Oct 13, 2017 $383.98 665459 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665460 70107 SOLARCITY CORP Oct 13, 2017 $103.00 665461 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665462 29365 STONE, ROSA Oct 13, 2017 $96.85 665463 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $103.00 665464 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $103.00 665465 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $46.36 665466 70377 TEM LOR BREWING COMPANY Oct 13, 2017 $1,000.00 665467 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665468 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $245.62 665469 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $160.13 665470 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665471 29088 TODD GROUNDWATER Oct 13, 2017 $8,554.25 665472 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665473 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $590.73 665474 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $71.50 665475 28488 WOOD, VICTORIA Oct 13, 2017 $191.10 665476 10037 MISCELLANEOUS TRUST VENDOR Oct 13, 2017 $200.00 665477 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $151.95 665480 3427 GRAINGER INC, W W Oct 13, 2017 $10,951.02 665482 3452 GRAY AR ELECTRIC COMPANY Oct 13, 2017 $812.98 665486 7933 HOME DEPOT Oct 13, 2017 $2,870.05 665487 24241 HUB INTERNATIONAL Oct 13, 2017 $148.68 665490 4740 KERN TURF SUPPLY Oct 13, 2017 $5,493.79 665492 15624 LOWE'S HOME IMPROVEMENT Oct 13, 2017 $1,821.18 665493 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 13, 2017 $7,226.76 665494 10047 MISC RECEIVABLE REFUND VENDOR Oct 13, 2017 $423.46 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 1 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665495 27459 EVOQUA WATER TECHNOLOGIES Oct 13, 2017 $2,237,919.59 665496 857 BAKERSFIELD S P C A Oct 18, 2017 $70,000.00 665497 534 A T & T Oct 19, 2017 $75.00 665498 22346 ABACUS I M T INC Oct 19, 2017 $2,876.41 665499 25208 ACCESS CONTROLS INC Oct 19, 2017 $95.00 665500 28831 ADVANCED INDUSTRIAL SERVICES Oct 19, 2017 $553.96 665501 18067 ALDACO, LUIS Oct 19, 2017 $125.00 665502 22882 ALEMAN, ISAAC Oct 19, 2017 $70.00 665503 160 ALL THAT LETTERING SIGN COMPNY Oct 19, 2017 $1,240.00 665504 29451 ALTRA MEDICAL CORP Oct 19, 2017 $2,012.01 665505 25123 ALVAREZ, JEFFREY Oct 19, 2017 $125.00 665506 28369 ALVAREZ, LUIS Oct 19, 2017 $84.00 665507 212 AMERICAN DATAVAULT INC Oct 19, 2017 $155.40 665508 987 AMERICAN FABRICATION Oct 19, 2017 $2,016.30 665509 17585 AMERINATIONAL COMMUNITY SERV INC Oct 19, 2017 $1,111.20 665510 22588 ARROWHEAD FORENSICS Oct 19, 2017 $290.76 665511 464 ASBESTOS TESTING LABORATORY Oct 19, 2017 $135.00 665512 18417 ATTORNEYS CERTIFIED SERVICES Oct 19, 2017 $396.00 665513 26128 AUSTIN, MARCOS Oct 19, 2017 $125.00 665514 520 AUTO TINT WEST INC Oct 19, 2017 $845.22 665515 25940 BACA, ANTHONY Oct 19, 2017 $315.00 665516 675 BAKERSFIELD CALIFORNIAN Oct 19, 2017 $338.60 665517 10320 BAKERSFIELD HOMELESS CENTER Oct 19, 2017 $37,775.98 665518 971 BAKERSFIELD PLUMBING CO INC Oct 19, 2017 $185.00 665519 841 BAKERSFIELD RUBBER STAMP CO Oct 19, 2017 $327.32 665520 875 BAKERSFIELD TRUCK CENTER Oct 19, 2017 $248,738.63 665521 26027 BANKS & CO CAR WASH SYSTEMS INC Oct 19, 2017 $570.40 665522 557 BARC Oct 19, 2017 $17.50 665523 13424 BARNES WELDING SUPPLY Oct 19, 2017 $151.48 665524 14470 BAUER COMPRESSORS INCORPORATED Oct 19, 2017 $1,311.30 665525 1069 BETHANY SERVICES Oct 19, 2017 $1,704.49 665526 28231 BIG BRAND TIRE & SERVICE Oct 19, 2017 $1,337.23 665527 23444 BILLINGSLEY, MATTHEW Oct 19, 2017 $274.00 665528 29237 BLACK, JOHNNY Oct 19, 2017 $168.00 665529 21172 BLACKHOLE TECHNOLOGIES INC Oct 19, 2017 $2,228.41 665530 1175 BOBS WHOLESALE AUTO GLASS Oct 19, 2017 $264.83 665531 22817 BORN AGAIN BODYWORKS Oct 19, 2017 $892.20 665532 1249 BRANDCO Oct 19, 2017 $84.09 665533 24464 BROWN, CLAUDE Oct 19, 2017 $252.00 665534 10267 BUDGET BOLT INC Oct 19, 2017 $633.59 665535 22565 BURTCH CONSTRUCTION INC Oct 19, 2017 $10,447.38 665536 23090 BURTONS FIRE INC Oct 19, 2017 $66.80 665537 1477 CAL VALLEY EQUIPMENT INC Oct 19, 2017 $433.21 665538 29195 CALIFORNIA STATE UNIV- STANISLAUS Oct 19, 2017 $1,497.33 665539 1747 CAPRIOLI, PATRICK Oct 19, 2017 $791.19 665540 18347 CAROLINA SOFTWARE Oct 19, 2017 $500.00 665541 15644 CARTER, VANELL L Oct 19, 2017 $101.88 665542 29125 CASTORELA, JAVIER Oct 19, 2017 $125.00 665543 27404 CELEDON III, ADOLFO Oct 19, 2017 $125.00 665544 27074 CEN -CAL CONSTRUCTION INC Oct 19, 2017 $34,852.58 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 161 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665545 1888 CHAMPION HARDWARE Oct 19, 2017 $1,070.38 665546 23786 CHART INDUSTRIES Oct 19, 2017 $304.27 665547 29017 CLEAN WRIGHT SERVICE Oct 19, 2017 $400.00 665548 27509 CONTRERAS, ANGEL Oct 19, 2017 $168.00 665549 17891 CONTROLLED MOTION SOLUTIONS INC Oct 19, 2017 $226.69 665550 26461 COURTS AND GREENS INC Oct 19, 2017 $2,100.00 665551 10285 CRIDER CONSTRUCTION INC Oct 19, 2017 $4,838.12 665552 2240 CRISTANDO HOUSE INC. Oct 19, 2017 $284.00 665553 2253 CULLIGAN WATER CONDITIONING Oct 19, 2017 $14.00 665554 27218 CUMMINS PACIFIC LLC Oct 19, 2017 $70.57 665555 25337 DAVES FLEET MAINT & TOWING INC Oct 19, 2017 $110.00 665556 4140 DAVID JANES COMPANY Oct 19, 2017 $13,298.98 665557 29209 DAVIS, APRIL Oct 19, 2017 $679.40 665558 26895 DE LADE LANDEN INC Oct 19, 2017 $594.32 665559 19613 DE SOTO SALES INC Oct 19, 2017 $119.22 665560 2442 DELANEY & AHLF DIESEL SERVICE INC Oct 19, 2017 $3,656.73 665561 20060 DEMESTIHAS, EVANGELOS Oct 19, 2017 $68.00 665562 2469 DEPARTMENT OF JUSTICE Oct 19, 2017 $96.00 665563 29256 DEWITZ, JEFF Oct 19, 2017 $84.00 665564 26925 DIAMOND HARDWOODS Oct 19, 2017 $356.68 665565 18556 DIAZ, OLIVIA Oct 19, 2017 $45.00 665566 26553 DICKSON, JAMES Oct 19, 2017 $70.00 665567 19322 DRAKE, SCOTT Oct 19, 2017 $470.72 665568 11104 DURAN, ESTHER Oct 19, 2017 $50.00 665569 28610 ECOGRAFX Oct 19, 2017 $450.00 665570 2769 EL POPULAR CALIFORNIA Oct 19, 2017 $375.00 665571 2752 ELBERT DISTRIBUTING Oct 19, 2017 $191.66 665572 27898 ELECTRICAL SYSTEMS & INST INC Oct 19, 2017 $447.00 665573 28725 ELITE SIGNS AND PROMOTIONS Oct 19, 2017 $1,357.86 665574 2901 FEDEX Oct 19, 2017 $285.65 665575 19657 FIRST CHOICE SERVICES INC Oct 19, 2017 $429.02 665576 25339 FLEET SERVICES TOWING INC Oct 19, 2017 $35.00 665577 24606 FLOOD BAKERSFIELD MINISTRIES Oct 19, 2017 $2,837.91 665578 26311 FLOWERS, MARTY Oct 19, 2017 $84.00 665579 3028 FLOYDS GENERAL STORE Oct 19, 2017 $146.18 665580 18415 FORMAX, A DIV OF BESCORP Oct 19, 2017 $1,370.00 665581 29238 FOX, PERRY Oct 19, 2017 $336.00 665582 26581 GARCIA, ANTONIO Oct 19, 2017 $64.09 665583 23311 GARCIA, JUAN DURAN Oct 19, 2017 $111.50 665584 29546 GARDEN DISTRICT FLOWERS INC Oct 19, 2017 $214.45 665585 22856 GARDEN PATHWAYS INC Oct 19, 2017 $8,342.69 665586 29092 GEI CONSULTANTS INC Oct 19, 2017 $4,343.52 665587 28064 GENERAL TREE SERVICE INC Oct 19, 2017 $17,705.00 665588 3358 GILLIAM & SONS INC Oct 19, 2017 $13,435.00 665589 29376 GLENN, STEVEN Oct 19, 2017 $1,998.00 665590 26721 GOLDEN EMPIRE US BC Oct 19, 2017 $1,500.00 665591 18203 GONZALES, JAVIER S Oct 19, 2017 $120.66 665592 3450 GRANITE CONSTRUCTION INC Oct 19, 2017 $221,642.33 665593 3450 GRANITE CONSTRUCTION INC Oct 19, 2017 $24,665.21 665594 24247 DREGS PETROLEUM SERVICES INC Oct 19, 2017 $1,253.79 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 162 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665595 3569 H & S BODY WORKS & TOWING Oct 19, 2017 $1,688.79 665596 3579 HACH COMPANY Oct 19, 2017 $1,700.25 665597 162 HADDAD DODGE Oct 19, 2017 $229.04 665598 27730 HEMBREE, DYLAN Oct 19, 2017 $125.00 665599 14753 HEREDIA, MARTIN Oct 19, 2017 $90.00 665600 410 IBM CORP Oct 19, 2017 $26,418.00 665601 28834 INTERIOR DEMOLITION, INC Oct 19, 2017 $44,738.31 665602 20795 IPC USA INC Oct 19, 2017 $22,220.30 665603 3239 J GARDNER & ASSOCIATES LLC Oct 19, 2017 $800.75 665604 19554 K & R TOWING Oct 19, 2017 $105.00 665605 22379 KEMIRA WATER SOLUTIONS INC Oct 19, 2017 $4,475.04 665606 19936 KERN COUNTY ENVIRONMENTAL HEALTH Oct 19, 2017 $12,565.70 665607 4701 KERN SPRINKLER LANDSCAPING INC Oct 19, 2017 $1,220.00 665608 4875 KNIGHTS PUMPING & PORTABLE SVC INC Oct 19, 2017 $668.50 665609 24378 KNOWLEDGE FRONT Oct 19, 2017 $360.00 665610 12552 KURB KUT Oct 19, 2017 $1,368.00 665611 29268 LAWSON PRODUCTS INC Oct 19, 2017 $270.41 665612 28956 LID MAINTENANCE & CONSTRUCTION Oct 19, 2017 $575.00 665613 19228 LENCIONI, MICHAEL Oct 19, 2017 $343.44 665614 27778 LEWIS BRISBOIS BISGAARD & SMITH LLP Oct 19, 2017 $8,378.50 665615 24004 LEWIS TOWING 2 INC Oct 19, 2017 $120.00 665616 25066 LEXISNEXIS RISK DATA MGMT Oct 19, 2017 $8,101.52 665617 25044 LEXISNEXIS RISK SOLUTIONS INC Oct 19, 2017 $868.70 665618 12177 LIFESIGNS INC Oct 19, 2017 $170.00 665619 28745 LIGHTING IN STYLE Oct 19, 2017 $636.51 665620 20967 LIVE OAK ASSOCIATES INC Oct 19, 2017 $67.50 665621 5133 LOOP ELECTRIC INC Oct 19, 2017 $3,120.00 665622 16380 LUFF, HILLARY Oct 19, 2017 $55.54 665623 22497 M & J HANDIMAN HENRY Oct 19, 2017 $659.00 665624 18492 M & S SECURITY SERVICES Oct 19, 2017 $1,296.00 665625 29239 MALDONADO, JAVIER Oct 19, 2017 $84.00 665626 5262 MARTIN, LYLE Oct 19, 2017 $274.61 665627 16016 MCINTOSH & ASSOCIATES Oct 19, 2017 $5,125.00 665628 28760 MEDIWASTE DISPOSAL LLC Oct 19, 2017 $229.00 665629 14119 METRO RECORD STORAGE INC Oct 19, 2017 $130.00 665630 19252 MEYER CIVIL ENGINEERING INC Oct 19, 2017 $19,256.70 665631 24077 MICHEL AUTO TECH Oct 19, 2017 $1,223.11 665632 1316 MICHELIN NORTH AMERICA INC Oct 19, 2017 $6,358.86 665633 27497 MISCHKE, JULIE DVM Oct 19, 2017 $506.00 665634 885 MSC INDUSTRIAL SUPPLY CO INC Oct 19, 2017 $9.35 665635 26096 MURPHY, DENA Oct 19, 2017 $68.00 665636 18888 NIEMEYER & ASSOCIATES INC Oct 19, 2017 $3,304.36 665637 20361 NOSSAMAN LLP Oct 19, 2017 $16,096.18 665638 10361 OPEN & SHUT ENTERPRISES Oct 19, 2017 $300.00 665639 6030 ORTIZ, TIM Oct 19, 2017 $355.44 665640 14515 OXLEY'S PEST CONTROL INC Oct 19, 2017 $330.00 665641 6448 P T 0 SALES CORP / TRUCKPRO LLC Oct 19, 2017 $26.05 665642 13209 PARKHOUSE TIRE INC Oct 19, 2017 $333.18 665643 24029 PAYLESS TOWING Oct 19, 2017 $35.00 665644 29543 PEGASUS BUSINESS PARK LLC Oct 19, 2017 $5,280.00 S:\Accounting\Robert Z\Admin - Council\2017\COUNCIL-ADMIN\11 - NO) 1-1-101117 CC AGENDA PACKET PG 163 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665645 25270 PENINSULA MESSENGER INC Oct 19, 2017 $438.02 665646 27514 PHILLIPS, CHARLIE Oct 19, 2017 $84.00 665647 6376 PIONEER PAINT Oct 19, 2017 $75.67 665648 29074 PLURALSIGHT LLC Oct 19, 2017 $16,613.00 665649 27911 PORTERVILLE FORD Oct 19, 2017 $1,410.43 665650 178 PRAXAIR DISTRIBUTION INC Oct 19, 2017 $197.18 665651 28567 PRESORT CENTER OF FRESNO LLC Oct 19, 2017 $242.66 665652 24266 RANDALL, DOUGLAS Oct 19, 2017 $396.96 665653 20713 RANDY'S TOWING Oct 19, 2017 $1,335.00 665654 3249 RAY GASKIN SERVICE INC Oct 19, 2017 $331.41 665655 6682 RAYMONDS TROPHY AND AWARDS Oct 19, 2017 $508.31 665656 28480 READY REFRESH Oct 19, 2017 $182.02 665657 18861 REYNOSO, JOAQUIN Oct 19, 2017 $125.00 665658 29257 RIVERA, FRANCISCO Oct 19, 2017 $252.00 665659 29547 RO LES, RICHARD Oct 19, 2017 $1,000.00 665660 29415 ROCKWELL SOLUTIONS Oct 19, 2017 $9,983.68 665661 6915 ROUND -UP FEED AND PET SUPPLY Oct 19, 2017 $291.67 665662 13860 RUETTGERS & SCHULER CIVIL ENG Oct 19, 2017 $1,987.50 665663 27361 SC FUELS Oct 19, 2017 $21,836.47 665664 23869 SCUDDER, RACHELLE Oct 19, 2017 $68.00 665665 18195 SEHI COMPUTER PRODUCTS INC Oct 19, 2017 $1,625.33 665666 27073 SHEALEY, JEFF Oct 19, 2017 $76.45 665667 26203 SIERRA CONST & EXCAVATION INC Oct 19, 2017 $21,069.25 665668 1135 SIMENTAL & CO Oct 19, 2017 $720.00 665669 28823 SKYLINE SAFETY AND SUPPLY Oct 19, 2017 $345.00 665670 21703 SLAGLE'S MATTRESS FACTORY INC Oct 19, 2017 $279.07 665671 18005 SLATER PLUMBING & MECHANICAL Oct 19, 2017 $10,347.50 665672 7434 SMART & FINAL IRIS COMPANY Oct 19, 2017 $100.72 665673 19960 SMITHS DETECTION- EDGEWOOD INC Oct 19, 2017 $575.00 665674 22473 SOILS ENGINEERING INC Oct 19, 2017 $9,369.00 665675 18357 SOUTHWEST VETERINARY HOSPITAL Oct 19, 2017 $394.95 665676 11907 SPARKLETTS /SIERRA SPRINGS Oct 19, 2017 $220.47 665677 25502 SPARTAN TRUCK CO INC Oct 19, 2017 $1,155.13 665678 17986 SPRINT /NEXTEL COMMUNICATIONS Oct 19, 2017 $829.79 665679 17986 SPRINT /NEXTEL COMMUNICATIONS Oct 19, 2017 $842.42 665680 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Oct 19, 2017 $636.24 665681 28163 SWITZER, PHILIP Oct 19, 2017 $168.00 665682 26369 T Y LIN INTERNATIONAL INC Oct 19, 2017 $97,103.28 665683 28832 T- MOBILE USA Oct 19, 2017 $102.00 665684 21158 TARGET SPECIALITY PRODUCTS Oct 19, 2017 $1,716.70 665685 28268 TEAGUE, STEPHANIE Oct 19, 2017 $50.00 665686 17153 TERMINIX INTERNATIONAL INC Oct 19, 2017 $210.00 665687 7999 THREE -WAY CHEVROLET Oct 19, 2017 $19.34 665688 28291 TORRES, MICHAEL Oct 19, 2017 $125.00 665689 21369 TRANS -WEST SECURITY INC Oct 19, 2017 $2,324.44 665690 22485 UNITEK COMPUTER STORE Oct 19, 2017 $1,957.12 665691 26780 UNIVERSAL BACKGROUND SCREENING INC Oct 19, 2017 $210.99 665692 8391 URNERS APPLIANCE CENTER Oct 19, 2017 $84.00 665693 26915 VALENZUELA, JULIAN Oct 19, 2017 $944.84 665694 8520 VALLEY POWER SYSTEMS, INC Oct 19, 2017 $918.72 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 164 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665695 26046 VAN ETTEN, BEN Oct 19, 2017 $125.00 665696 1286 V I PAINTING Oct 19, 2017 $705.69 665697 8655 VITAL SIGNS Oct 19, 2017 $244.53 665698 5158 W M LYLES COMPANY Oct 19, 2017 $435,352.51 665699 29260 WAHL, THOMAS Oct 19, 2017 $1,000.00 665700 26447 WESTCOAST HYDRAULICS Oct 19, 2017 $2,913.19 665701 25672 WESTERN ENERGY SYSTEMS Oct 19, 2017 $2,769.99 665702 23304 WOODARD, RANDALL Oct 19, 2017 $280.26 665703 25815 1 800 RADIATOR & A/C INC Oct 19, 2017 $194.45 665704 6129 AT&T Oct 19, 2017 $209.43 665705 28860 A T & T Oct 19, 2017 $1,076.54 665706 28860 A T & T Oct 19, 2017 $2,327.24 665710 78 ADVANCED DISTRIBUTION CO Oct 19, 2017 $10,440.72 665711 12516 AIMS Oct 19, 2017 $6,015.00 665712 29542 ALAN URQUHART DESIGN Oct 19, 2017 $1,775.00 665713 27438 ANDREWS, TESSA PC Oct 19, 2017 $55.80 665714 29513 BAKERSFIELD RACK & SHELVING INC Oct 19, 2017 $7,525.72 665715 1518 C C J W S A Oct 19, 2017 $75.00 665716 15655 C C U G Oct 19, 2017 $250.00 665717 1594 C P O A Oct 19, 2017 $875.00 665722 1696 CALIFORNIA WATER SERVICE Oct 19, 2017 $124,893.49 665723 1764 CAPE Oct 19, 2017 $275.00 665724 1941 CHEVRON U S A Oct 19, 2017 $1,140.13 665725 2214 COUNTY OF KERN Oct 19, 2017 $50.00 665726 2214 COUNTY OF KERN Oct 19, 2017 $50.00 665727 2214 COUNTY OF KERN Oct 19, 2017 $50.00 665728 2469 DEPARTMENT OF JUSTICE Oct 19, 2017 $98.00 665729 22592 DEPARTMENT OF MOTOR VEHICLES Oct 19, 2017 $300.00 665731 3488 GREENFIELD COUNTY WATER DIST Oct 19, 2017 $2,399.04 665732 3942 I I M C Oct 19, 2017 $460.00 665733 4024 INTERNATIONAL RIGHT OF WAY Oct 19, 2017 $505.00 665734 22692 JEFF MILLER MOBILE HOME SETUP Oct 19, 2017 $7,310.00 665736 26387 JIM BURKE FORD -EQ Oct 19, 2017 $209,595.66 665737 23127 KERN COUNTY TREASURER TAX COLLECTOR Oct 19, 2017 $75.05 665738 23127 KERN COUNTY TREASURER TAX COLLECTOR Oct 19, 2017 $33,761.08 665739 17167 NATIONAL PUBLIC SAFETY INFO BUREAU Oct 19, 2017 $149.00 665740 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 19, 2017 $73,604.36 665741 8785 PARKA, ESTHER PETTY CASH Oct 19, 2017 $96.14 665742 29498 POWELL, EUGENE FRYE & TOMEKA Oct 19, 2017 $8,370.14 665743 20903 SAFE KIDS WORLDWIDE Oct 19, 2017 $50.00 665744 7096 SJVAPCD Oct 19, 2017 $193.50 665745 10623 STATE BOARD OF EQUALIZATION Oct 19, 2017 $3,526.56 665746 10623 STATE BOARD OF EQUALIZATION Oct 19, 2017 $20.73 665747 21314 TICOR TITLE COMPANY INC Oct 19, 2017 $6,225.00 665748 21314 TICOR TITLE COMPANY INC Oct 19, 2017 $10,492.00 665750 96 TYACK TIRES INC Oct 19, 2017 $2,054.16 665751 12460 UNITED RENTALS NORTHWEST Oct 19, 2017 $1,566.41 665752 8611 VAUGHN WATER CO., INC. Oct 19, 2017 $8,006.14 665756 20601 VERIZON WIRELESS Oct 19, 2017 $11,261.36 665757 20601 VERIZON WIRELESS Oct 19, 2017 $2,370.79 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 165 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 19 FROM 9/29/2017 to 10/19/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665758 20601 VERIZON WIRELESS Oct 19, 2017 $579.12 665759 20601 VERIZON WIRELESS Oct 19, 2017 $25.02 665760 20601 VERIZON WIRELESS Oct 19, 2017 $1,604.71 665761 20601 VERIZON WIRELESS Oct 19, 2017 $673.84 665762 20601 VERIZON WIRELESS Oct 19, 2017 $25.02 665763 29541 WELLS FARGO BANK N.A. Oct 19, 2017 $3,623.06 665764 29541 WELLS FARGO BANK N.A. Oct 19, 2017 $4,376.94 9993969 30028 BLUE SHIELD OF CALIFORNIA Sep 29, 2017 $508,662.96 9993970 24821 DEPARTMENT OF THE TREASURY Sep 29, 2017 $1,593.22 9993971 30022 IRS / FDRF Sep 29, 2017 $191.00 9993972 30021 KAISER PERMANENTE Sep 29, 2017 $193,018.70 9993974 16703 B A MERCHANT SERVICES INC Oct 5, 2017 $50,291.12 9993976 25603 BANK OF AMERICA Oct 5, 2017 $1,100,514.72 9993977 27888 CALIFORNIA BANK & TRUST Oct 5, 2017 $149,972.79 9993978 30025 STATE DISBURSEMENT UNIT Oct 5, 2017 $19,831.24 9993979 11811 WELLS FARGO BANK Oct 5, 2017 $84,039.50 9993980 10199 BAKERSFIELD CITY EMPLOYEE Oct 6, 2017 $193,939.00 9993981 24821 DEPARTMENT OF THE TREASURY Oct 6, 2017 $1,167.03 9993982 30014 EMPLOYMENT DEVELOPMENT DEPT Oct 6, 2017 $195,497.66 9993983 10217 1 C M A RETIREMENT TRUST - 303749 Oct 6, 2017 $79,302.68 9993984 30010 IRS Oct 6, 2017 $634,299.19 9993985 16863 NATIONWIDE RETIREMENT SOLUTIONS Oct 6, 2017 $107,566.86 9993986 20699 VANTAGEPOINT TRANSFER AGENTS C/O Oct 6, 2017 $32,499.98 9993988 25603 BANK OF AMERICA Oct 12, 2017 $184,427.37 9993989 10206 STATE OF CALIF - PERS Oct 12, 2017 $886,951.51 9993990 11811 WELLS FARGO BANK Oct 12, 2017 $63,261.94 9993991 30028 BLUE SHIELD OF CALIFORNIA Oct 13, 2017 $507,897.65 9993992 30021 KAISER PERMANENTE Oct 13, 2017 $195,550.83 9993993 30025 STATE DISBURSEMENT UNIT Oct 19, 2017 $20,013.69 9993994 16504 STATE TREASURER'S CONDEMNATION Oct 19, 2017 $18,600.00 9993995 11811 WELLS FARGO BANK Oct 19, 2017 $119,536.76 $21,752,382.46 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL - ADMIN \11 - NO) 1IJ 1117 CC AGENDA PACKET PG 166 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 9/29/2017 to 10/19/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 14176 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Sep 29, 2017 $354.87 14177 4171 JERRY & KEITHS INC Sep 29, 2017 $2,256.99 14178 1390 JIM BURKE FORD Sep 29, 2017 $3,427.78 14179 63 ACE HYDRAULIC SALES & SERVICE Oct 5, 2017 $1,877.87 14180 64 ADAMSON POLICE SUPPLY Oct 5, 2017 $1,142.20 14181 29 AFFINITY TRUCK CENTER Oct 5, 2017 $4,017.16 14182 152 ALL AUTOMATIC TRANSMISSION SER Oct 5, 2017 $2,000.00 14183 8530 AMERIPRIDE UNIFORM SERVICES Oct 5, 2017 $3,612.16 14184 576 B & B SURPLUS Oct 5, 2017 $383.86 14185 575 B C LABORATORIES Oct 5, 2017 $4,561.00 14186 611 B S & E COMPANY INC Oct 5, 2017 $2,581.30 14187 1037 BERCHTOLD EQUIPMENT CO Oct 5, 2017 $169.92 14188 1163 BLUEPRINT SERVICE CO Oct 5, 2017 $879.67 14189 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 5, 2017 $479.41 14190 5147 COASTLINE EQUIPMENT Oct 5, 2017 $12.63 14191 2162 CONSOLIDATED ELECTRICAL DIST INC Oct 5, 2017 $665.44 14192 13912 DIRECT SAFETY SOLUTIONS INC Oct 5, 2017 $1,599.41 14193 2757 ELECTRIC MOTOR WORKS INC Oct 5, 2017 $24,207.59 14194 27459 EVOQUA WATER TECHNOLOGIES Oct 5, 2017 $68,804.45 14195 14055 FAST UNDERCAR LLC Oct 5, 2017 $4,123.24 14196 2874 FERGUSON ENTERPRISES INC Oct 5, 2017 $1,614.85 14197 21315 GAME TIME Oct 5, 2017 $837.31 14198 21739 GOLDEN EMPIRE TOWING INC Oct 5, 2017 $35.00 14199 3570 HAAKER EQUIPMENT COMPANY Oct 5, 2017 $45.41 14200 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 5, 2017 $68.43 14201 4171 JERRY & KEITHS INC Oct 5, 2017 $1,246.09 14202 1390 JIM BURKE FORD Oct 5, 2017 $390.88 14203 4178 JIM BURKE LINCOLN MERCURY Oct 5, 2017 $396.24 14204 599 MCCLURE EQUIPMENT INC Oct 5, 2017 $1,021.99 14205 1279 QUALITY HEAVY DUTY DIESEL ELEC Oct 5, 2017 $178.84 14206 6555 QUINN COMPANY INC Oct 5, 2017 $756.41 14207 12665 SAN JOAQUIN FENCE & SUPPLY Oct 5, 2017 $236.75 14208 28661 SERVEXO PROTECTIVE SERVICES Oct 5, 2017 $2,084.64 14209 19584 SMITH & SON TIRE INC Oct 5, 2017 $3,291.92 14210 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Oct 5, 2017 $403.59 14211 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Oct 5, 2017 $4,117.25 14212 7685 STINSON STATIONERS Oct 5, 2017 $6,968.35 14213 7728 SULLY & SON HYDRAULICS INC Oct 5, 2017 $234.61 14214 13646 UNITED ROTARY BRUSH CORP Oct 5, 2017 $4,504.15 14215 63 ACE HYDRAULIC SALES & SERVICE Oct 12, 2017 $355.74 14216 29 AFFINITY TRUCK CENTER Oct 12, 2017 $765.26 14217 27366 AMERICAN MESSAGING Oct 12, 2017 $173.61 14218 8530 AMERIPRIDE UNIFORM SERVICES Oct 12, 2017 $5,929.19 14219 576 B & B SURPLUS Oct 12, 2017 $1,564.36 14220 575 B C LABORATORIES Oct 12, 2017 $34.00 14221 611 B S & E COMPANY INC Oct 12, 2017 $538.96 14222 1163 BLUEPRINT SERVICE CO Oct 12, 2017 $366.44 14223 18753 BRIDGEPORT TRUCK MANUFACTURING Oct 12, 2017 $10,839.62 14224 1558 CALIFORNIA INDUSTRIAL RUBBER Oct 12, 2017 $187.69 14225 20747 CENTRAL SANITARY SUPPLY INC Oct 12, 2017 $2,038.89 14226 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 12, 2017 $4,115.54 14227 2162 CONSOLIDATED ELECTRICAL DIST INC Oct 12, 2017 $6,765.32 14228 13912 DIRECT SAFETY SOLUTIONS INC Oct 12, 2017 $364.92 14229 13088 E J WARD INCORPORATED Oct 12, 2017 $18,463.05 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN \11- NOV 11J 1117 CC AGENDA PACKET PG 167 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 9/29/2017 to 10/19/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 14230 2757 ELECTRIC MOTOR WORKS INC Oct 12, 2017 $414.41 14231 27459 EVOQUA WATER TECHNOLOGIES Oct 12, 2017 $950,000.00 14232 27459 EVOQUA WATER TECHNOLOGIES Oct 12, 2017 $0.00 14233 27459 EVOQUA WATER TECHNOLOGIES Oct 12, 2017 $0.00 14234 27459 EVOQUA WATER TECHNOLOGIES Oct 12, 2017 $0.00 14235 14055 FAST UNDERCAR LLC Oct 12, 2017 $578.76 14236 2874 FERGUSON ENTERPRISES INC Oct 12, 2017 $1,135.19 14237 21739 GOLDEN EMPIRE TOWING INC Oct 12, 2017 $510.00 14238 3570 HAAKER EQUIPMENT COMPANY Oct 12, 2017 $29.54 14239 15694 JIMS TOWING INC Oct 12, 2017 $380.00 14240 2267 L N CURTIS & SONS Oct 12, 2017 $9,160.33 14241 453 MUNICIPAL MAINTENANCE EQUIP INC Oct 12, 2017 $438.77 14242 1279 QUALITY HEAVY DUTY DIESEL ELEC Oct 12, 2017 $2,252.25 14243 21873 RM INDUSTRIES INC Oct 12, 2017 $2,637.53 14244 12665 SAN JOAQUIN FENCE & SUPPLY Oct 12, 2017 $2,256.95 14245 698 SAN JOAQUIN INTERIORS Oct 12, 2017 $3,525.00 14246 28661 SERVEXO PROTECTIVE SERVICES Oct 12, 2017 $6,045.34 14247 19584 SMITH & SON TIRE INC Oct 12, 2017 $1,956.13 14248 25604 STAY GREEN INC Oct 12, 2017 $1,200.00 14249 7670 STEWART ELECTRIC SUPPLY Oct 12, 2017 $433.06 14250 7685 STINSON STATIONERS Oct 12, 2017 $4,840.10 14251 15868 TEL TEC SECURITY SYSTEM INC Oct 12, 2017 $239.17 14252 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Oct 13, 2017 $379.45 14253 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 13, 2017 $3,613.83 14254 4171 JERRY & KEITHS INC Oct 13, 2017 $63.18 14255 1390 JIM BURKE FORD Oct 13, 2017 $1,107.54 14256 57 ABATE A WEED Oct 19, 2017 $56.57 14257 63 ACE HYDRAULIC SALES & SERVICE Oct 19, 2017 $306.42 14258 29 AFFINITY TRUCK CENTER Oct 19, 2017 $4,084.02 14259 152 ALL AUTOMATIC TRANSMISSION SER Oct 19, 2017 $2,000.00 14260 180 AMBER CHEMICAL INC Oct 19, 2017 $2,025.42 14261 8530 AMERIPRIDE UNIFORM SERVICES Oct 19, 2017 $2,835.44 14262 576 B & B SURPLUS Oct 19, 2017 $163.56 14263 575 B C LABORATORIES Oct 19, 2017 $74.00 14264 611 B S & E COMPANY INC Oct 19, 2017 $955.77 14265 1037 BERCHTOLD EQUIPMENT CO Oct 19, 2017 $119.25 14266 1163 BLUEPRINT SERVICE CO Oct 19, 2017 $143.89 14267 18753 BRIDGEPORT TRUCK MANUFACTURING Oct 19, 2017 $1,970.13 14268 1558 CALIFORNIA INDUSTRIAL RUBBER Oct 19, 2017 $366.40 14269 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 19, 2017 $505.60 14270 21220 CLEAN ENERGY INC Oct 19, 2017 $28,949.81 14271 2162 CONSOLIDATED ELECTRICAL DIST INC Oct 19, 2017 $5,282.71 14272 14582 DAVE BANG ASSOCIATES INC Oct 19, 2017 $5,595.51 14273 13912 DIRECT SAFETY SOLUTIONS INC Oct 19, 2017 $777.04 14274 13088 E J WARD INCORPORATED Oct 19, 2017 $356.26 14275 27459 EVOQUA WATER TECHNOLOGIES Oct 19, 2017 $9,847.97 14276 14055 FAST UNDERCAR LLC Oct 19, 2017 $8,052.41 14277 2874 FERGUSON ENTERPRISES INC Oct 19, 2017 $3,190.82 14278 21739 GOLDEN EMPIRE TOWING INC Oct 19, 2017 $927.50 14279 4171 JERRY & KEITHS INC Oct 19, 2017 $3,552.17 14280 1390 JIM BURKE FORD Oct 19, 2017 $3,729.68 14281 15694 JIMS TOWING INC Oct 19, 2017 $1,775.00 14282 2267 L N CURTIS & SONS Oct 19, 2017 $4,610.71 14283 453 MUNICIPAL MAINTENANCE EQUIP INC Oct 19, 2017 $1,363.50 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN \11- NOV 11J 1117 CC AGENDA PACKET PG 1 10/20/2017 CITY OF BAKERSFIELD - CHECK REGISTER FROM 9/29/2017 to 10/19/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date 14284 6555 QUINN COMPANY INC Oct 19, 2017 14285 12665 SAN JOAQUIN FENCE & SUPPLY Oct 19, 2017 14286 698 SAN JOAQUIN INTERIORS Oct 19, 2017 14287 19584 SMITH & SON TIRE INC Oct 19, 2017 14288 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Oct 19, 2017 14289 7670 STEWART ELECTRIC SUPPLY Oct 19, 2017 14290 7685 STINSON STATIONERS Oct 19, 2017 14291 7728 SULLY & SON HYDRAULICS INC Oct 19, 2017 14292 15868 TEL TEC SECURITY SYSTEM INC Oct 19, 2017 14293 13646 UNITED ROTARY BRUSH CORP Oct 19, 2017 PAGE 3 E- Payable Amount $902.62 $ 10,507.90 $80.88 $6,974.77 $2,668.89 $383.59 $8,327.65 $28.90 $86.00 $2,245.06 1,327,112.60 23,079,495.06 S: \Accounting \Robert Z \Admin - Council \2017 \COUNCIL- ADMIN \11- NOV 11J 1117 CC AGENDA PACKET PG 1 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 10/13/2017 iTiff-11 1.1 SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from PCD (Planned Commercial Development Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive in northwest Bakersfield. (FR 10/11/17) Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 11, 2017. The project consists of a zone change from PCD (Planned Commercial Development Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive in northwest Bakersfield. ENVIRONMENTAL REVIEWAND DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) initial studies were prepared for the original projects (ZC #P96-0859 and ZC #PP99-091 1) which encompass the subject properties and an Environmental Impact Report and Negative Declaration were adopted on September 24, 1987 and August 30, 2000, respectively. Mitigation measures were adopted and are incorporated to apply to this proposed zone change. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. PUBLIC NOTIFICATION: A 10-day notice of public hearing before the Planning Commission for the proposed zone change was advertised in The Bakersfield Californian and posted on the bulletin board of the City of Bakersfield Community Development-Planning Division on August 25, 2017. Property owners within 300 feet of the project site were notified on August 25, 2017 by United States Mail of the Planning Commission public hearing to be held on September 7, 2017 in accordance with State Law. The applicant installed the required on-site posting of the hearing notice at least 20 days prior to the Planning Commission's public hearing. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The PCD zone may be used as a combining zone in a C-0, C-1, C-2, or CC zone to assign a base zone defining allowable uses and ensure future site development will be compatible with surrounding development and/or to recognize unique site characteristics. Additionally, proposed future development will need to sufficiently demonstrate compliance with the necessary findings pursuant to Section 17.54.070 of the PCD Chapter of the Bakersfield Zoning Ordinance. Overall Recommendation. Staff finds that the applicable provisions of CEQA have been complied with; that the applicant has designed the project site to commercial uses in a way that will be compatible with surrounding land uses in the immediate area. Approval of the C- 2/PCD Combining Zone would continue to provide the City and the community an opportunity to review the specific design of the project and ensure that the development will be aesthetically pleasing, adhere to current architectural, landscape, and parking standards and provide appropriate development that is compatible with the surrounding community. Therefore, staff is recommending approval of the request. Staff recommends adoption of the ordinance. ATTACHMENTS: Description D Oir&naince Type Ordinance ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED SOUTH OF SILLECT AVENUE AND NORTH OF RIVERSIDE DRIVE (ZC NO. 17- 0210). WHEREAS, Paul Dhanens Architect, Inc., for Heart Hospital of Bakersfield, LLC., filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from PCD (Planned Commercial Development Zone) to C -2 /PCD (Regional Commercial /Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive in northwest Bakersfield, as shown in attached Exhibit ' A," (the "Project "); and WHEREAS, the Planning Commission held a public hearing on September 7, 2017, and approved Resolution No. 25 -17, which recommended that the City Council approve the Project; and WHEREAS, initial studies were prepared for the original projects (ZC #P96 -0859 and ZC #) which encompass the subject properties and mitigation measures were approved by the City Council on September 24, 1987, in conjunction with Zone Change No. P96 -0859, and on August 30, 2000 in conjunction with Zone Change No. PP99 -091 1, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, previously adopted Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 25 -17 are hereby adopted. 3. The Project is subject to mitigation measures found in the previously adopted Negative Declaration for the Project. 4. The Project is hereby approved and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. Page 1 of 2 SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000--- - - - - -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER: 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 APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures B. Location Map with Zoning C. Legal Description Page 2 of 2 Exhibit A (Mitigation Measures) I *A:ii:1kr_1 Project No. 17 -0210 (Zone Change) Mitigation Measures Mitigation measure of the Bakersfield Heart Hospital FEIR 1. Construction shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday, and shall be prohibited on Sundays and Federal holidays in order to minimize disruption to existing residential neighborhoods. 2. The project is subject to the Regional Transportation Impact Fee Program. Fees are to be paid at the time of issuance of a building permit. Exhibit B (Location Map) o w LO c UJ o) c ( 0 (L cl) c' c U - wc lo- w, 1. cc c. c �g c. :9 c. c .2 .2 2 6 �R _�5 1. - c �5 c Z 8 0 E E 0 U z E Io C) Q J :E c, E w S z -Q4.-jj Lr) .6 E �3 W. Wz U) 'o - o. E E '5 c\j c E T T E E E E ol S U) LL 1: 3: E E E. '65 2 L3 E w w z o E E E U o o < t) 'o < E n E ro LIJ -e vi c! -L, U) o M E 5 2 C, S , ��: �3 8 . . c E o Lon 3: o ow ow if w 0 Cc 6 0 CE CL U) w I S m U) ff c� vi vi A A VI A VI m m IL IL IL ic LY w IL w c/) U) J J S S x020g 000[r If If D cc iS3omdS iS3onHdS CL 'S 311LIAn U iS 31i8AN Cc cc Cc iS H0338 cc Cc cc iS VY13 Cc 3AV.L3.377 Fj) LU LL U) NW LU �e V � CL N. oU. F- U T 1-...r f j i I r I t is 3A[10 c/) 0 :-01\1\ ------ 0 W 0 LU W 0 0 ams SN3M0 moos L r LIJ Lij CL 0 c� CL c� 0 W W 0 0 W 0 U) 0 vp C I. 11/ 1/17 CC AGENDA PACKET PG 177 Exhibit C (Legal Description) EXHIBIT "A" LEGAL DESCRIPTION (BAKERSFIELD HEART HOSPITAL) PCD ZONE CHANGE BEING PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 05-1829 PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 7, 2006 AS DOCUMENT 0206139479, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 10.10 ACRES, MORE OR LESS Swanson Engineering, Inc. 5500 Ming Ave., Suite 250 Bakersfield, CA 93309 Phone: (661)831 -4919 P: \17019 \LEGALS \17019 PCD ZC LEGAL DESCRIPPOMDOU JM 8/16/2017 Q$-L('a-iI ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Resolutions d. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 10/13/2017 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 October 9, 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 had 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 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 BackU IMateir4� Exhbt 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 October 9, 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, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the lien imposed 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 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 August and September 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 September 15, 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 13th day of October 2017, at Bakersfield, California. David Paquette Code Enforcement Supervisor 10/9/2017 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 WARD DO WORK COST COST 1. 019 - 142- 08 -00 -5 802 S Brown Street Ivee Feltus $350 $666 $1,016 1 4212 Newcombe Avenue 17 -4401 Bakersfield, CA 93313 2. 170 - 180- 01 -00 -6 1100 E Planz Road Crespin Garcia & $750 $666 $1,416 1 Virginia Garcia 1 127 3rd Street 17 -3962 Bakersfield, CA 93304 3. 170 - 180- 04 -00 -5 1200 E Planz Road Jessie Mae Bowden Living Tr $140 $666 $806 1 5001 Crenshaw Blvd #3 17 -3965 Los Angeles, CA 90043 4. 011- 191- 15 -00 -7 1023 Townsley Antelmo Valdez $196 $666 $862 1 Avenue 1023 Townsley Avenue 17 -3106 Bakersfield, CA 93304 5. 170 - 142- 07 -00 -6 813 Watts Drive Artemio Acosta $0 $118 $118 1 PO Box 506 Rancho Cucamonga, CA 17 -4214 91729 6. 009 - 162- 19 -00 -0 917 10th Street Dino Mastrocinque Trust $0 $118 $118 1 9501 Bard Court 17 -3030 Bakersfield, CA 93311 7. 009 - 513- 06 -00 -0 401 1 1t" Street Rafael Rodriguez Jr $0 $118 $118 1 401 11 t" Street 17 -2741 Bakersfield, CA 93304 8. 009 - 132- 12 -00 -0 901 Chester Avenue Salomon Olvera & $0 $333 $333 2 Janie Olvera PO Box 60126 17 -29 Bakersfield, CA 93386 9. 007 - 197- 14 -00 -5 1716 Forrest Street James Mc Clure $0 $333 $333 2 3305 Juniper Ridge Road 17 -3947 Bakersfield, CA 93306 10. 010 - 140- 22 -00 -8 314 H Street Evangeline Cortez Rev Liv Tr $0 $118 $118 2 5416 Vista Del Mar Avenue 17 -2473 Bakersfield, CA 93311 11. 006 - 540- 29 -00 -4 250 Hayden Court Harley Voss & Linae Voss $475 $666 $1,141 2 1880 Mulberry Lane 17 -4164 Paso Robles, CA 93446 12. 012- 022- 01 -00 -0 101 Jefferson Street Linda Yunk $0 $333 $333 2 101 Jefferson Street 17 -939 Bakersfield, CA 93305 13. 002 - 031- 03 -00 -9 3320 Jewett Avenue Beatriz Duotwal $0 $118 $118 2 3709 Ashfork Lane 17 -3272 Bakersfield, CA 93309 14. 015- 320- 09 -00 -8 1308 Lake Street Wells Fargo Bank $670 $333 $1,003 2 3476 Stateview Boulevard 17 -5200 Fort Mill, SC 29715 15. 015- 080- 08 -00 -6 1031 Pacific Street Gregorio Villalobos $850 $666 $1,516 2 1031 Pacific Street 17 -3447 Bakersfield, CA 93305 16. 012- 270- 04 -00 -8 221 Quincy Street Jodie Marah $375 $666 $1,041 2 221 Quincy Street 17 -2325 Bakersfield, CA 93305 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 17. 020-110-25-00-1 820 Real Road Real Hospitality LLC $0 $118 $118 2 820 Real Road 17 -4871 Bakersfield, CA 93309 18. 017- 030- 04 -00 -3 1007 Sumner Street Florinda Fernandez Trust $0 $118 $118 2 1007 Sumner Street 17 -4910 Bakersfield, CA 93305 19. 020 - 091- 39 -00 -4 340 Western Drive Jamie Morrison $0 $333 $333 2 5825 Tyringham Road 17 -4332 Bakersfield, CA 93313 20. 006 - 124- 29 -00 -0 418 17th Street Wayne Lee & Frances Lee $0 $333 $333 2 468 Jade Tree Drive 17 -3372 Monterey Park, CA 91754 21. 006 - 021- 10 -00 -4 1408 18th Street Yow Yea Chiou $350 $666 $1,016 2 1227 L Street 17 -3936 Bakersfield, CA 93301 22. 016- 100- 05 -00 -9 519 E 21St Street Susan Marie Prado Liv Tr $490 $333 $823 2 519 E 21 st Street 17 -5231 Bakersfield, CA 93305 23. 382 - 121- 10 -00 -6 3324 Cardinal Jeanne Harris Trust $175 $1,261 $1,436 3 Avenue 3324 Cardinal Avenue 17-4119 Bakersfield, CA 93306 24. 021 - 130- 14 -00 -2 1300 Princeton Platinum Home Mtg Corp $0 $333 $333 3 Avenue 3637 Sentara Way 17-1711 Virginia Beach, VA 23452 25. 383 - 211- 08 -00 -4 3319 Redlands Drive Sayan Capital Realty Fund $0 $333 $333 3 11209 National BI Ste 312 17 -4706 Los Angeles, CA 90064 26. 435 - 010- 24 -00 -3 Unassigned Gary Bernard $2,000 $666 $2,666 3 514 E Sandra Avenue 17 -3347 Tulare, CA 93274 27. 435 - 010- 25 -00 -6 Unassigned Gary Bernard $2,000 $666 $2,666 3 514 E Sandra Avenue 17 -3221 Tulare, CA 93274 28. 522 - 300- 04 -00 -4 11301 Stockdale ABS Surplus O LLC $0 $118 $118 4 Highway PO Box 990 17 -4374 Minneapolis, MN 55440 29. 381 - 102- 18 -00 -4 7900 Kamloops Drive Michael Van Dahlen $0 $78 $78 5 7900 Kamloops Drive 17 -1516 Bakersfield, CA 93309 30. 380 - 212- 07 -00 -7 8009 Selkirk Drive Ermel D Doye Jr $1,249 $666 $1,915 5 8009 Selkirk Drive 17 -3383 Bakersfield, CA 93309 31. 384 - 180- 33 -00 -8 3712 Pacino Court Rosa Carrillo $0 $118 $118 6 3712 Pacino Court 17 -3436 Bakersfield, CA 93309 32. 385 - 121- 03 -00 -7 6920 Palmetto Court Frederick James $0 $333 $333 6 6920 Palmetto Court 17 -4095 Bakersfield, CA 93309 33. 023 -281- 01 -00 -9 2501 Agate Street Spurlock Rev Living Trust $0 $333 $333 7 4800 Easton Drivev 17 -4038 Bakersfield, CA 93309 34. 372 - 292- 04 -00 -3 6400 Chester W Nimitz Antonio Rodriguez & $250 $1,261 $1,511 7 Street Maria Silvia Fregoso 7530 Adwen Street 17 -2806 Downey, CA 90241 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 35. 023 - 136- 20 -00 -5 1928 Doolittle Avenue Johanna Osborn $295 $0 $295 7 6000 E Brundage Lane Sp 11 17 -2596 Bakersfield, CA 93307 36. 515 -751- 03 -00 -7 2508 Drifts Drive Yvette Lara $0 $333 $333 7 2701 Bernard Street #26 17 -2318 Bakersfield, CA 93306 37. 405 - 271- 34 -00 -6 2312 Kelso Peak Maria Woods $0 $118 $118 7 Avenue 2312 Kelso Peak Avenue 17 -3054 Bakersfield, CA 93304 38. 372 - 301- 20 -00 -4 2013 Marc A Mitscher Alma Casas $348 $1,261 $1,609 7 Court 2013 Marc A Mitscher Court 17 -3550 Bakersfield, CA 93304 39. 413 - 041- 03 -00 -8 5712 Midas Street Harolyn Johnson $220 $1,261 $1,481 7 PO Box 9724 17 -3445 Bakersfield, CA 93389 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Resolutions e. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 10/12/2017 111-11 V 03 SUBJECT: EPA Brownfield Grant Program: 1. Resolution approving the U.S. Environmental Protection Agency (EPA) Brownfield Assessment Program Cooperative Agreement and agreeing to the terms and conditions; 2. Approve Agreement Amendment with Stantec Consulting Services, Inc., to implement grant components, including all deliverables for the EPA Brownfield Assessment Grant; and 3. Appropriate $300,000 in EPA Brownfield Assessment Grant funds to the Community Development Department Operating budget in the General Fund. STAFF RECOMMENDATION: Staff recommends approving the resolution and agreement amendment, and appropriating the funds. BACKGROUND: On November 16, 2016, City Council approved an agreement with Stantec Consulting Services, Inc., to pursue a grant from the Environmental Protection Agency's Brownfield Assessment Grant Program. The purpose of this grant is to identify properties throughout the City that may qualify for redevelopment opportunities and funding under this program. The City was notified in May that the City was selected by the EPA as the recipient for two brownfields assessment grants. Community-wide hazardous substances and potential petroleum contamination grant funds will be used to conduct Phase I and Phase 11 environmental site assessments, and prepare cleanup and reuse plans. Grant funds also will be used to support community outreach and develop a brownfields inventory, including creating a GIS database of brownfields. With the award of the grant, the City needs to agree to the terms and conditions per the cooperative agreement with the EPA in order to start implementation of the grant and drawing grant funds. The original agreement with Stantec also needs to be amended to comply with the terms and conditions of the grant and the scope of work required changes to be consistent with work plan in the City's cooperative agreement with the EPA. All grant funds also require appropriation into the correct account fund. PROJECT SUMMARY: Overview of EPA Brownfield Grant Program. The EPA defines a brownfield site as real property where the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land. To assist communities with identifying, cleaning, and reusing these sites the EPA began annually administering its Brownfield Grants Program. Funds are to be used for developing inventories of brownfield sites, prioritizing sites, conducting community involvement activities, conducting site assessments and cleanup planning related to brownfield sites. There are additional grants that provide funding for clean-up and site specific planning activities. City staff is proposing to use EPA grant funds to assess the impacts from both hazardous materials and petroleum contaminants, utilizing the expertise of a consultant team to apply for and execute the grant. Staff will use the funds to conduct environmental site assessments (ESAs) on multiple properties in our community believed to be prime opportunities for redevelopment, yet are believed to be contaminated by current or historic on-site or nearby site activities. City and Redevelopment. There are multiple properties that may qualify for this program in the urban core area and in areas of economic opportunity near the municipal airport and the industrial corridor along highway 58. The EPA Brownfield Grant Program can help reclaim these potential brownfields for redevelopment. The Community-Wide Assessment Grant which provides up to $300,000 will allow the City to assess properties contaminated by hazardous substances and petroleum. The City was the lead applicant and will administer the funds and the program components. Once the City starts identifying sites and initial site assessments are complete, future grant applications can be pursued for clean-up and site specific planning activities. The consultant would complete the applications and if awarded funding, would implement the grant and develop the program deliverables. EPA Brownfield Grant Project Deliverables. The total consultant agreement amount and grant funding is $300,000; the total amount allowed by the EPA for both hazardous substances and petroleum assessment grant activities. As part of the approved agreement, the Consultant's scope of work includes work performed on the grant application process; however, it was agreed by the Consultant that compensation for that work is not needed, but part of the services provided by the firm. The consultant team would assist the City in writing any future grant applications and the necessary components that are part of the EPA Brownfield Assessment program. Pending a successful result, the consultant would then implement the grant requirements. The specific deliverables are noted in Exhibit C. Once the deliverables are completed, the City will be able to explore the reuse of the inventoried sites and use the information in the ESAs to apply for funds and begin the process of cleaning up and reusing the sites. Next Steps. With the award of the Brownfield Assessment grants, Stantec Consulting Services, Inc. and City Staff can start grant implementation. The EPA allows for three years for grant implementation. This grant is the first step for brownfield redevelopment; with additional future grants available to support clean-up activities and site or area specific planning. The City can also continue to apply for EPA grant funds to develop an area-wide plan for the brownfield sites or within a project area, and include in that plan specific implementation strategies for assessing, cleaning up and reusing the brownfields and related project area revitalization strategies. ATTACHMENTS: Description D ReSO lLlt'iOlrl/k1 pI piroviirig�,)S EP/kCoo peirati'ive/kgireeiryieirit D Amendment No One R) /kgireeirneint No 10...255 D EkNNtC ScopeofWark(Arneinded) D EkNNtl') i»,JSEP/kCoo peirati'ive/kgireeiryieirit w//kttachirneints D /kgireeirneint No 10...255 Type Resokltblrl /kgireeirneint Exhbt Exhbt BackU IMateir4� RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT PROGRAM COOPERATIVE AGREEMENT AND AGREEING TO THE TERMS AND CONDITIONS WHEREAS, the U.S. Environmental Protection Agency (EPA) has chosen the City of Bakersfield as a recipient of a Brownfields Assessment grant for the assessment, cleanup, or redevelopment of Brownfield properties in the City; and WHEREAS, the EPA has granted the City of Bakersfield ( "City ") $300,000 to develop a Brownfield Site Assessment and inventory, characterize, assess, and conduct cleanup planning and community involvement related activities for Brownfields sites in the City of Bakersfield with a focus on downtown and east Bakersfield areas (the "Project "); and WHEREAS, the City, by accepting the grants funds and not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date, the City agrees and is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of "Exhibit A" the Cooperative Agreement and any attachments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The above recitals are true and correct. 2. The City Council agrees to all terms and conditions of "Exhibit A" the Cooperative Agreement and any attachments. 3. The City Council certifies that the City has or will have available, prior to commencement of any work on the Project including this Application, sufficient funds to complete the Project. 4. The City Council has reviewed, understands, and agrees to the applicable EPA regulatory and statutory provisions, all terms and conditions of "Exhibit A" the Cooperative Agreement and any attachments. - Page 1 of 2 Pages - 5. The City Council delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope. 6. The City Council agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines. - -- 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: YES: NOES: ABSTAIN ABSENT: JIM COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM JOSHUA RUDNICK Deputy City Attorney CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S: \EDCD_Shared \ED Projects \ED EPA Brownfield Program \City Council Docs \Nov 1 2017 \Resolution_EPA Grant-Cooperative Agreement Draft.docx - Page 2 of 2 Pages - AGREEMENT NO. 16-255(l) AMENDMENT NO. ONE [1] TO AGREEMENT NO. 16 -255 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 16 -255 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 STANTEC CONSULTING SERVICES, INC., a New York Corporation licensed to do business in California, (referred to herein as "PLANNING CONSULTANT "). RECITALS WHEREAS, on the November 16, 2016, CITY and PLANNING CONSULTANT entered into Agreement No. 16 -255, wherein PLANNING CONSULTANT would prepare the grant application to secure and implement United States Environmental Protection Agency (EPA) and other Federal or State grants for the assessment, cleanup, or redevelopment of Brownfield properties; and WHEREAS, City has been selected as a grant recipient for the U.S. Environmental Protection Agency Brownfield Community -wide Assessment Grant and entered into a Cooperative Agreement subject to terms and conditions and applicable EPA regulatory and statutory provisions; and WHEREAS, the parties now desire to enter into Amendment One (1) to Agreement No. 16 -255, which will amend the Agreement to incorporate all terms and conditions and applicable EPA regulatory and statutory provisions within the Cooperative Agreement as well as amend the Scope of Work, as set forth in Exhibit C of the Agreement to reflect the changes made to the Work Plan attached to the Cooperative Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PLANNING CONSULTANT mutually agree to amend Agreement No. 16 -255 as follows: 1. Section 21.1 of Agreement No. 16 -255 entitled "EPA Grant Compliance" is hereby added to read as follows: 21.1. EPA GRANT COMPLIANCE. The "PLANNING CONSULTANT" shall comply with all terms and conditions specified and all applicable EPA regulatory and statutory provisions as set forth in the Cooperative Agreement attached hereto and incorporated by reference herein as Exhibit D. 2. Exhibit C entitled "SCOPE OF WORK" attached hereto is hereby amended to reflect the changes made to the Work Plan that is attached to the Cooperative Agreement with the EPA. AMENDMENT (1) TO AGREEMENT No. 16 -255 S:\EDCD_Shared\ED Projects \ED EPA Brownfield Program \Consultant Contract \Stantec Consulting.AmdltoAgrl6- 255 - Brownfield Properties. Docx September 26, 2017 -- Page 1 of 2 Pages -- 11101117 CC AGENDA PACKET PG 1 3. Except as amended herein, all other provisions of Agreement No. 16 -255 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1 ] to Agreement No. 16 -255 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: COMMUNITY SERVICES DEPARTMENT By: JACQUELYN R. KITCHEN Community Development Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director "PLANNING CONSULTANT" STANTEC CONSULTING SERVICES, INC. Print Name: Title: Insurance: Attachments: Exhibit C - Scope of Work Exhibit D - US EPA Cooperative Agreement w /Attachments AMENDMENT (1) TO AGREEMENT No. 16 -255 S:\EDCD—Shared\ED Projects \ED EPA Brownfield Program \Consultant Contract \Stantec Consulting.AmdltoAgrl6- 255 - Brownfield Properties. Docx September 26, 2017 -- Page 2 of 2 Pages -- 11101117 CC AGENDA PACKET PG 1 INSURED STANTEC CONSULTING SERVICES INC. 1415077 8211 SOUTH 48TII STREET 111-10ENIX AZ 85044 r*T&1Tjff_rT.TeT=L9 rPRTIFIrATF NI]MRFR- 1411 "11 R I INSURER D: INSURER E: Zurich American Insurance Company 16535 Travelers Property Casualty Co of America 25674 American Guarantee and Liab. Ins. Co. 26247 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 TYPE OF INSURANCE C ..g. U1 . 6R ...... . ........POLICY .... E NUMBER MMIDDtYY YYY) (MM /DDfYYYYI LIMITS LTR 'TY F ' S U R "A NC INSD WVD A , x COMMERCIAL GENERAL LIABILITY Y IN GL05415704 5/1/2017 5/1/2018 EACH OCCURRENCE $ 200 00 ...... ....... .... CLAIMS•MADE OCCUR . . . .... ..... . ......................... ��.x C ONTRACTt JAL/CRO S S MED EXP (Any one person) . .. .. ............. . .. . ............ .......... - s 25.000 - ------ - _ ..... . ................ ..... . ..... . .. X XCtf COVERED ...... ....... ...... J. 21.1.00IWQQIQ ... ......... GEN'I_ AGGREGATE LIMIT APPLIES PER � GENERAL AGGREGATE ... . .... . . .. $ ...4,000.,000 . . . .... . .. . ....... PO[PRO- [ LICY X I x JE LOG .. . ... ............ ...... PRODUCTS-COMP/OP A G $ OTHER $ B 'AUTOMOBILE LIABILITY Y N TC2J-CAI1-8E086819 5/1/2017 5/1/2018 DO MBINED SINGLE LIMIT $ B B - X ANY AUTO TJ-BAP-81:086820 FC,2J-CAP 5/1/2017 5/1/2017 5/1/20 1 8 5/1/2018 ........ .. .. .. BODILY INJURY (Per person) I........" 11 ----------- . ..... . ..... ...................... . . . . . . ... .... .......... ------ --- $ XXXXXXX . . . . .. .... . . .... ....... .... .... ........ CWNIPO SCHEDULED , A UTO" NLY AUTOS BODILY INJURY (Per accident) - ------- I .......... $ XXXXXXX .... HIRED NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY ....... . . .. ... ............. . .. . . .. ...... .... - I'll � -1--.1- � ... ..... . ..... ...... I'll - $ XX XX X X X C x ..... . ...... . I UMBRELLA LIAR OCCUR X _ 'C 7CI'AIMS-MADE N N AUC9184637 5/1/2017 5/1/2018 EACH OCCURRENCE 1111-11-1. . .. ... ......... . . . . .... . ..... . . ... . . ....... . _ . ......... $ .. 5 —QQQQ.QQ . . ....... - - ---------- X EXCESS LIAB E.G.A..T.F ...... . ... $ 5..� K999 .. ... ...... "DEDDKIRETENTION $""10,000 xxxxxxx B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y FC2J-UB-8E08592 (AOS �1� 5/1/2017 5/1/2018 PER OTW LITE L STATUTE .... ... . .... .. . . . . . ... .................................... ------- 13 B YIN ANY PROPRIETORIPARTNERIEXFC,tJrlv�"� N [K N/A IRJ-IJB-� - I I EXCEPTFOR Off ND WA Y 5/1/2017 5/1/2018 E L EACH ACCIDENT _1 .... .............. 1,000,000 1 -.1.1 . .. ........ . ... OFFICERIMEMBER EXCLU (Mandatory in NH) E,-_EA EMPLOYEE . . ....... ...... .............. . ... . ............ If ies, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT $ 1.0000)(11 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: PROJFCTNAMI, U S ENVIRONMEN1AL PROCTE'C'TION AGENCY BROWNFIELDS GRANTAPPLICATION(S) AND IMPLE"M EN TKI 'ION SJANTEC PROJECT #1957, SEI"IATFACHEJ), CERTIFICATE HOLDER GANGELLA I IUN gee Anacrtment 14363481 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BAKERSFIELD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1715 CHESTER AVENUE, ACCORDANCE WITH THE POLICY PROVISIONS. BAKF RSFIELD CA 93301 AUTHORIZED REPRESENTATIVE ©19880015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space Is required) CITY OF BAKERS F1 ELD, ITS MAYOR, COUNCIL, OFI_,10ERS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERA L LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS Rl"QUIRT"D BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING INC. WIRE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERI, ALLOWE D BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. ACORD 25 (2016/03) Certificate Holder ID: 14363481 Attachment Code: D524752 Certificate ID: 14363481 POLICY NUMBER: TC2J-UB-8E08592 (AOS); TRJ-UB-8E08593 (MA, WI) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT EXHIBIT "C" SCOPE OF WORK EPA Brownfield Grant Applications & Program The scope of work involves the development of grant application(s) for the EPA Brownfield Grant Program. City Staff will administer the program while the PLANNING CONSULTANT completes the tasks and deliverables outlined in this Scope of Work. All Tasks and deliverables described within this Scope of Work are subject to the following overall provisions: 1. Several of the sub -tasks 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. TASK 1: Develop and Submit EPA Brownfield Grant Applications Develop and submit a grant application for the EPA Brownfield program that provides direct funding for Brownfields assessment, cleanup, and revolving loans. These grants are to develop a comprehensive inventory of sites and assess the impact of hazardous substances and petroleum on inventoried properties, reuse and site planning and clean -up activities. Expected activities performed in Task 1 will include: 1 -a. Demonstrate financial need and impact of brownfields on disadvantaged populations with relevant demographic and economic data. 1 -b. Characterize and identify Brownfields in a preliminary inventory to demonstrate the community need. 1 -c. Document health impacts associated with the inventoried properties and their impact on the local community in order to demonstrate the need and potential benefit of assessment and cleanup. 1 -d. Identify and quantify direct and indirect financial impacts from Brownfield sites and provide specific, compelling examples or statistics that demonstrate financial impacts and other ongoing financial burdens. 1 -e. Develop a project scope to address Bakersfield's specific needs and tailored to meet redevelopment goals. 1 -f. Develop a comprehensive process for integrating community -based organizations, partner organizations, and stakeholders such as property owners, businesses, developers and key demographic groups into the grant application process. 1 -g. Working with City Staff to solicit and receive letters of support from local stakeholders and community organizations. EPA Brownfields Grant Program Page 1 of 6 1 -h. Ensure each section complies with all EPA requirements and addresses the reviewers' key points of concern in order to develop a complete application. Task 1 Deliverables: • Project Kick -off meeting; • Project schedule and budget; • Submit information request to City; • One community outreach meeting; and • Complete grant application submit to EPA by required deadline. TASK 2: Grant Management and Reporting Develop a Cooperative Agreement (CA) Work Plan and any other required documents in order to begin administering the program and prepare all EPA - required financial and technical reports and other deliverables. Task 2 Deliverables: • Cooperative Agreement (CA) Work Plan; • Quarterly progress /status reports, including but not limited to the following outcomes; • Number of potential Brownfield properties inventoried; • Numbers of sites and acres of land assessed; • Numbers of sites for which property title transfers are facilitated; • Acres of land redeveloped, and location and square footage of buildings positioned for adaptive reuse; • Acres of parks or green space created; • Length of walking or bike trails created; • Amount of additional public and private investment leveraged; • Amount of other funding leveraged; • Jobs created or retained; • Increased property and sales tax revenue generated; • Number of buildings seeking LEED certification; and, • Incorporation of green and sustainable assessment and remediation (GSR) techniques applicable to Phase II ESA activities. • Brownfield Advisory Committee (BAC) meeting minutes; • Annual Disadvantaged Business Enterprise (DBE) reports; • Assessment, Clean -up and Redevelopment Exchange System updates; and • Final EPA - required financial, technical and close -out summary reports. TASK 3: Community Outreach and Involvement 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. Expected activities performed in Task 3 will include: 3 -a. Develop communication material such as press releases, project information sheets, brochures, public notices, meeting materials and presentations, and designed website materials compatible with the community's vision. EPA Brownfields Grant Program Page 2 of 6 3 -b. Help the City establish a Brownfield Advisory Committee comprised of property owners, neighborhood groups, developers, and other key community stakeholders. 3 -c. Solicit and implement meaningful public input into the grant process by helping to coordinate public information events and ensure outreach efforts involve stakeholders, people who work and live in Brownfield impacted areas, and sensitive populations such as minority, disabled, and low- income residents. Task 3 Deliverables: • Community Outreach Strategy; • Establish a Brownfield Advisory Committee and conduct regular meetings; • Community meetings and public information events; and • Public outreach materials. TASK 4: Site Inventory and Prioritization Develop a comprehensive inventory of Brownfield sites and prioritize sites and focus areas that have the greatest opportunity to provide short- to mid -term community benefits. Establish prioritization criteria that include factors such as likelihood of environmental impacts, potential risk to human health and the environment, site eligibility, owner support, community support, redevelopment interest /potential and financial feasibility. Expected activities performed in Task 4 will include: 4 -a. The site inventory shall be developed with coordination with the City of Bakersfield's Geographic Information System (GIS) to produce an interface with existing resources, giving the inventory the opportunity to serve as a long -term planning tool. 4 -b. Use GIS to include information in the site inventory to acquire historical reference materials to identify and assess Brownfield sites and potential environmental concerns. Task 4 Deliverables: • Meetings with City staff to develop inventory criteria and focus areas; • Brownfield site inventory; and • GIS data with site inventory and other relevant information. TASK 5: Environmental Site Assessments and Quality Assurance Develop Phase I and II Environmental Site Assessments (ESA) on sites as identified and prioritized by the City incorporating all Federal and State standards. Develop a Quality Assurance Project Plan and Health and Safety Plans as required by the EPA. Expected activities performed in Task 5 will include: Phase I Environmental Site Assessments: 5 -a. Develop site eligibility determinations for each site selected for Phase I ESAs; 5 -b. Help coordinate site access agreements for sites prioritized for Phase I ESAs; 5 -c. Health and Safety Plans (HASPs) prior to conducting each Phase I ESA; 5 -d. Develop Phase I ESA reports, according to American Society for Testing Materials (ASTM) E1527 -13,on sites identified and prioritized by the City; up to 6- 8 high priority Brownfield sites (3 -4 hazardous substance sites and 3 -4 petroleum sites); EPA Brownfields Grant Program Page 3 of 6 Phase II Environmental Site Assessments: 5 -e. Develop required Quality Assurance Project Plans (QAPP) in accordance with all EPA requirements; 5 -f. Help coordinate site access agreements for sites prioritized for Phase II ESAs; 5 -g. Develop Site - Specific Sampling and Analysis Plans ( SSSAP) and Health and Safety Plans (HASP) in accordance with EPA requirements before Phase II testing begins; 5 -h. Site - specific Endangered Species Act and National Historic Preservation Act consultations before conducting Phase II ESAs (as necessary); 5 -i. Develop Phase II site assessments in line with the City's interest in redeveloping the sites and future development plans. a. Phase II ESAs shall be conducted on select parcels for which Phase I ESAs are completed and for which further assessment is identified. b. Conduct Phase 11 ESAs on up to 4 -6 high - priority Brownfield sites (2 -3 hazardous substances sites and 2 -3 petroleum sites). Task 5 Deliverables: • Site eligibility determinations; • Phase I Environmental Site Assessments for inventoried properties that are in compliance with EPA requirements; • Endangered Species Act and National Historic Preservation Act consultations; • EPA approved QAPP, SSSAP and HASP reports for identified sites; and • Phase 11 Environmental Site Assessments for high priority Brownfield sites. TASK 6: Site Reuse and Area -Wide Planning Develop the site - specific studies and required plans to develop and plan for reuse and development of the sites. The studies and plans shall consider significant impacts, such as engineered barriers and /or institutional controls which are infeasible or insufficient as sole remedies. Expected activities performed in Task 6 will include: 6 -a. Develop Remedial Action Plans (RAPs) /Site- Specific Reuse Plans (SSRPs) at up to 2 high - priority sites for which Phase II ESAs are completed and for which further assessment /clean -up need is identified (one hazardous substances site and one petroleum site; 6 -b. RAPs and /or SSRPs include remedial investigation, feasibility studies, analysis of Brownfield cleanup alternatives and /or cleanup action plans and incorporate cleanup activities where feasible. 6 -c. Conduct environmental cleanup planning at selected priority sites by establishing site - specific cleanup levels and other state /federal regulatory requirements, evaluating institutional and land engineering controls, developing an analysis of Brownfield cleanup alternatives, and preparing detailed site - specific remedial action /cleanup plans. 6 -d. Clean -up options shall address implementation costs, available funding, development expectations, and reuse plans to ensure grant ready -sites for future grant funding for cleanup and redevelopment. 6 -e. Develop area -wide planning that incorporates infrastructure analysis, land use planning, market research, real estate strategy, and other factors influencing the sites redevelopment and reuse, including community visioning exercises to inform a common redevelopment strategy and implementation plan. EPA Brownfields Grant Program Page 4 of 6 Task 6 Deliverables: • Remedial Action Plans (RAPs) /Site- Specific Reuse Plans (SSRPs) at up to 2 high - priority sites (one hazardous substances site and one petroleum site). • Remedial Investigation /Feasibility Studies (RI /FS), Analysis of Brownfield Cleanup Alternatives (ABCA) and /or Cleanup Action Plans (CAPs) • Area -wide Plan • Clean -up remediation strategies and options • Infrastructure analysis • Market feasibility study • Real estate strategy • Land use planning, reuse opportunities and recommendations Budget Summary Schedule of Milestones and Deliverables YEAR Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Total 2017- Ongoing Develop & Project Property Profile Form entered in ACRES or submitted to PO; updated as needed Site Month 1 1 Internal kickoff meeting with City, Consultant and EPA 2017 Submit EPA Management Community Inventory Phase I Phase II RAPs/ Public Project kickoff meeting with public and key stakeholders; 2018 Application and Outreach and ESAs ESAs AWP Comprehensive QAPP Finalized 2018 Month 8 Reporting Inventory developed & Site Selection Criteria set Prioritization Month 8 3 Top sites selected for Phase I Stantec $0 $15,000 $16,000 $20,000 $40,000 $152,000 $42,520 $285,520 City $0 $4,980 $2,530 $1,190 $1,530 $1,360 $2,890 $14,480 Total $300,000 Schedule of Milestones and Deliverables YEAR DUE DATE TASK ITEM 2017- Ongoing Quarterly 1 Quarterly Progress Report (QPR)- First Period 10/1 - 12/31/17 2017- Ongoing As needed 1 Property Profile Form entered in ACRES or submitted to PO; updated as needed 2017 Month 1 1 Internal kickoff meeting with City, Consultant and EPA 2017 Month 2 2 Establish BAC and Identify Stakeholders 2018 Month 5 2 Public Project kickoff meeting with public and key stakeholders; 2018 Month 5 2 Site Nomination Form to solicit community input 2018 Month 5 5 Comprehensive QAPP Finalized 2018 Month 8 3 Inventory developed & Site Selection Criteria set 2018 Month 8 3 Top sites selected for Phase I EPA Brownfields Grant Program Page 5 of 6 YEAR DUE DATE TASK ITEM 2018- Starting 4 &5 Site eligibility requested & confirmed (At least 30 days Ongoing Month 8 before assessment is scheduled to begin) 2018- Starting 4 & 5 Before conducting assessments: Ongoing Month 9 HASP; Site Access Agreements in Place; Endangered Species Act; National Historic Preservation Act Letters (not required for Phase I ESA) 2018- Starting 4 Phase I Site Assessments Ongoing Month 10 2018-2020 Month 12 - 1 Disadvantaged Business Enterprises (DBE) Report Annually Reports must be submitted annually by October 30th of each year. 2018- Starting 5 Phase II Site Assessments Ongoing Month 12 2019- Starting 6 Site - Specific Sampling and Analysis Plans and HASP Ongoing Month 15 updates 2019- Starting 6 RAPs and /or Site - Specific Reuse Plans Ongoing Month 16 2019- Starting 6 Area -Wide Planning reports Ongoing Month 17 2020 Month 36 5 Assessment results - Spreadsheet of Assessed Properties 2020 -21 Months 36 - 1 Final Federal Financial Report (FFR) (SF425) & Final 39 Drawdown 2020 -21 Months 36 - 1 Closeout: Final Performance Report with Summary 39 Fact Sheet, Photos, and Lessons Learned EPA Brownfields Grant Program Page 6 of 6 BF - 99T62201 - 0 Page 1 GRANT NUMBER (FAIN): 99T62201 ` ' U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD 0, PROGRAM CODE: BF 08/11/2017 low PROTECTION AGENCY TYPE OF ACTION MAILING DATE a New 08/18/2017 PAYMENT METHOD: ACH# „4t Cooperative Agreement oo' ASAP 90369 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center email:lvfc- grants(g�epa.gov RECIPIENT: PAYEE: City of Bakersfield City of Bakersfield 1600 Truxtun Avenue 1715 Chester Avenue Bakersfield, CA 93301 Bakersfield, CA 93301 EIN: 95- 6000672 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Cecelia Griego Tess Salire Nelly Sun 1715 Chester Avenue 75 Hawthorne Street, SFD -6 -1 Grants Management Section, EMD -6 -1 Bakersfield, CA 93301 San Francisco, CA 94105 E -Mail: Sun.Nellx@epa.gov E -Mail: CGriego(cDbakersfieldcity.us E -Mail: salire.tess(a)epa.gov Phone: 415-947-4237 Phone: 661 - 326 -3788 Phone: 415 - 972 -3376 PROJECT TITLE AND DESCRIPTION BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT The grantee will inventory, characterize, assess, and conduct cleanup planning and community involvement related activities for Brownfields sites in the downtown and East Bakersfield areas. Brownfields are real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. This award provides full federal funding in the amount of $300,000. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2017 - 10/31/2020 10/01/2017 - 10/31/2020 $300,000.00 $300,000.00 NOTICE OF AWARD Based on your Application dated 12/21/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $300,000. EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $300,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award /amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 9 U.S. EPA, Region 9 Grants Management Section, EMD 6 -1 Superfund Division, SFD -1 75 Hawthorne Street 75 Hawthorne Street San Francisco, CA 94105 San Francisco, CA 94105 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Craig A. Wills - Grants Management Officer DATE 08/11/2017 EPA Funding Information BF- 99T62201 -0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 300,000 $ 300,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 300,000 $ 300,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup Cooperative Agreements CERCLA: Sec. 104(k)(2) 2 CFR 200 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site /Project Cost Organization Obligation / Deobligation 1709KOB033 1709KOB033 17 17 E4 E4 09K2AG7 09K2AG7 301D79 301 D79XBP 4114 4114 G9CNNYOO G9CNOROO 150,000 150,00 300,00 a ,�� a . a _ , I �� BF - 99T62201 - 0 Page 3 Budget Summary Page: BF- 99T62201 Citv of Bakersfield Brownfields Assessment Table A - Object Class Category (Non- construction) Total Approved Allowable Budget Period Cost 1. Personnel $10,030 2. Fringe Benefits $0 3. Travel $3,450 4. Equipment $0 5. Supplies $1,000 6. Contractual $285,520 7. Construction $0 8. Other $0 9. Total Direct Charges $300,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $300,000 12. Total Approved Assistance Amount $300,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $300,000 15. Total EPA Amount Awarded To Date $300,000 BF - 99T62201 - 0 Page 4 Administrative Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: e , . . . . . . . . . . . . . . . - . . . . . e i�eir terms ii coi�� d oi��.effecdve. . r li 2� 20 1 p oir II tear m o � These ti n addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: I�r00 v w: // w.e ov/ it ii�rD w/ it ii�0:....feirirr w.... iii ....coii.q dliflioios. d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii .q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Annual Federal Financial Report (FFR) - SF 425 For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project /budget period start date" to September 30 of each calendar year to the U.S. EPA Las Vegas Finance Center (LVFC). The FFR will be submitted electronically to Ivfc- grantsa- epa.gov no later than December 30 of the same calendar year. The form with instructions can be found on LVFC's website at https: / /www.epa.gov /financial /q rants. B. Procurement The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.323 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications. State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317. C. Six Good Faith Efforts 40 CFR Part 33, Subpart C Pursuant to 40 CFR Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub - recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. D. Utilization of Disadvantaged Business Enterprises General Compliance, 40 CFR Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR Part 33. Fair Share Objectives, 40 CFR Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his /her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. In accordance with 40 CFR Section 33.411 some recipients may be exempt from the fair share objective requirements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBE coordinator if they think their organization may qualify for an exemption. The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is $250,000 or more. The recipient accepts the applicable MBE /WBE fair share objectives /goals negotiated with EPA by the California State Water Resources Control Board (CSWRCB) as follows: The recipient accepts the fair share objectives /goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as CSWRCB. Negotiating Fair Share Objectives /Goals, Section 33.404 The recipient has the option to negotiate its own MBE /WBE fair share objectives /goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed MBE/WBE objectives /goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to submit proposed fair share objectives /goals, together with the supporting availability analysis or disparity study, to the Regional MBE /WBE Coordinator, Joe Ochab at Ochab.Joea- epa.gov, within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective /goals within 30 days of receiving the submission. If proposed fair share objective /goals are not received within the 120 -day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective /goals are submitted. Contract Administration Provisions, 40 CFR Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302. Bidders List, 40 CFR Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 MBE WBE Construction 2% 1 % Equipment 1 % 1 % Services 1 % 1 % Supplies 1 % 1 % The recipient accepts the fair share objectives /goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as CSWRCB. Negotiating Fair Share Objectives /Goals, Section 33.404 The recipient has the option to negotiate its own MBE /WBE fair share objectives /goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed MBE/WBE objectives /goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to submit proposed fair share objectives /goals, together with the supporting availability analysis or disparity study, to the Regional MBE /WBE Coordinator, Joe Ochab at Ochab.Joea- epa.gov, within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective /goals within 30 days of receiving the submission. If proposed fair share objective /goals are not received within the 120 -day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective /goals are submitted. Contract Administration Provisions, 40 CFR Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302. Bidders List, 40 CFR Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR Section 33.501 (b) and (c) for specific requirements and exemptions. E. MBE /WBE Reporting General Compliance, 40 CFR Part 33, Subpart E — Reporting Condition MBE/WBE reporting is required annually. Reporting is required for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other" category, that exceed the threshold amount of $150,000, including amendments and /or modifications. Based on EPA's review of the planned budget, this award meets the conditions above and is subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient must submit to the ;airannt[ �iiir.G..Il...��.qu'...a justification and budget detail within 21 days of the award ........ date demonstrating that this award is not subject to the DBE reporting requirements. The recipient agrees to complete and submit a "MBE/WBE Utilization under Federal Grants, Cooperative agreements" report (EPA Form 5700 -52A) on an annual basis. All procurement actions that are reportable, not just that portion which exceeds $150,000. When completing the annual report, recipients are instructed to check the box titled "annual:" in section 1 B of the form. For the final report, recipients must check the box indicated for the "last report" of the project in section 1 B of the form. Annual reports are due by October 30`h of each year. Final reports are due by October 301h or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and /or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form. IVIBEMBE �.air�arnts[.�e�l orn „ f II �1gv and assigned EPA Grants Specialist. The reports should a sent to . ............................... current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's website at Ott as: / /vwvwvw.c as.r 2v' /iresou rtes sirrn�all1 lbu� iinesscs /ccirntir�ac�t �adirr�lnrr stir�afio n irc acirtlin fcirirr s 6ssdv��an a� cd ll) i ................................................................. 11................................................................................................................................................................................................................................................................................................................................................... ............................... t.. ............................... t................................................................................... ............................... t............................ u�slirncss. .............................................. . This provision represents an approved deviation from the MBE /WBE reporting requirements as described in 40 CFR Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33, Subpart D. F. Indirect Costs The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. Programmatic Conditions I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EPA approved workplan. A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, the Environmental Protection Agency (EPA) has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2017 competition for Brownfields assessment cooperative agreements. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the CERCLA § 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable federal and state laws and regulations. c. The CAR must comply with federal cross - cutting requirements. These requirements include, but are not limited to, DBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60 -4; Contract Work Hours and Safety Standards Act, as amended (40 USC § 327 -333) the Anti - Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and subcontracts awarded with funds provided under this agreement. Activities conducted under assessment cooperative agreements generally do not involve construction, alteration and repair within the meaning of the Davis -Bacon Act. However, the recipient must contact the EPA Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis -Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. EPA will provide guidance on Davis -Bacon Act compliance if necessary. II. SITE ELIGIBILITY REQUIREMENTS A. Eligible Brownfields Site Determinations a. The CAR must provide information to EPA about site - specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre- approved in the CAR's workplan by EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in § 101(39) of CERCLA, whether the CAR is the potentially responsible party under CERCLA § 107 and /or has defenses to liability. If the site is excluded from the general definition of a brownfield, but is eligible for a property- specific funding determination, then the CAR may request a property- specific funding determination. In their request, the CAR must provide information sufficient for EPA to make a property- specific funding determination on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property- specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved workplan, the CAR shall provide sufficient documentation to EPA prior to incurring costs under this cooperative agreement which documents that: (1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum -only sites in the State, (2) the State determines there is "no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State, following contact and discussion with the appropriate petroleum program official. Refer to EPA's FY17 Proposal Guidelines for Brownfields Assessment Grants, EPA - OLEM - OBLR -16 -08 for discussion on this element. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in Section II.A.2.a. above, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum- contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the determinations described in Section II.A.2.a. above. III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA Project Officer. Alternatively, EPA may terminate this agreement under 2 CFR 200.339 for material non - compliance with its terms, or with the consent of the CAR as provided at 2 CFR 200.339 if EPA determines that insufficient progress was not the fault of the CAR. For purposes of assessment cooperative agreements, the CAR demonstrates "sufficient progress" when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition cooperative agreements "sufficient progress" is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement is in place, or other documented activities that demonstrate to EPA's satisfaction that the CAR will successfully perform the cooperative agreement. 3. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the Site B. Substantial Involvement EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities by the Project Officer such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. Substantial EPA involvement also includes brownfields property- specific funding determinations described in Section I.B. If the CAR awards a subaward for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition does not allow the subrecipient to use EPA funds to assess a site for which the subrecipient is potentially liable under § 107 of CERCLA. (See Section III.C.3. for more information on subawards.) c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record - keeping, and other program requirements. d. EPA may waive any of the provisions in Term and Condition II I.B.1. with the exception of property- specific funding determinations. EPA will provide waivers in writing. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable federal and state laws. c. The CAR and its subrecipients remain responsible for incurring costs that are allowable under 2 CFR Part 200 Subpart E. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subrecipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subrecipients and contractors comply with the terms and conditions of this agreement. 3. Subawards are defined at 2 CFR 200.92. The CAR may not subaward to for - profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 2 CFR Part 200.317 through 200.326. In addition, EPA policy encourages awarding subawards competitively and the CAR must consider awarding subawards through competition. 4. The CAR is responsible for ensuring that EPA's Brownfields assessment funding received under this cooperative agreement, or in combination with any other previously awarded Brownfields Assessment cooperative agreements does not exceed the $200,000 funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. 5. CARs expending funding from a community -wide assessment cooperative agreement must include this amount in any total funding expended on the site. 6. Competency of Organizations Generating Environmental Measurement Data: In accordance with Agency Policy Directive Number FEM- 2012 -02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency- Funded Assistance Agreements, the CAR agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre -award demonstration of competency is not practicable, the CAR agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. The CAR shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http: / /www.epa.gov /fem /lab comp.htm or a copy may also be requested by contacting the EPA Project Officer for this award. D. Quarterly Progress Reports In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.328 monitoring and reporting program performance ), the CAR agrees to submit quarterly progress reports to the EPA Project Officer within thirty days after each reporting period. These reports shall cover work status, work progress, difficulties encountered, preliminary data results and a statement of activity anticipated during the subsequent reporting period, including a description of equipment, techniques, and materials to be used or evaluated. A discussion of expenditures and financial status for each workplan task, along with a comparison of the percentage of the project completed to the project schedule and an explanation of significant discrepancies shall be included in the report. The report shall also include any changes of key personnel concerned with the project. Quarterly progress reports must clearly differentiate which activities were completed with EPA funds provided under the Brownfield assessment cooperative agreement, versus any other funding source used to help accomplish project activities. In addition, the report shall include brief information on each of the following areas: 1) a comparison of actual accomplishments to the anticipated outputs /outcomes specified in the cooperative agreement workplan; 2) reasons why anticipated outputs /outcomes were not met; and 3) other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees that it will notify EPA of problems, delays, or adverse conditions which materially impair the ability to meet the outputs /outcomes specified in the cooperative agreement workplan. EPA will provide the CAR with a quarterly report template. 2. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. quarterly progress reports must include: a. Summary and status of approved activities performed during the reporting quarter, summary of the performance outputs /outcomes achieved during the reporting quarter, a description of problems encountered or difficulties during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs /outcomes. b. An update on project schedules and milestones; including an explanation of any discrepancies from the approved workplan. c. A list of the properties where assessment activities were performed and /or completed during the reporting quarter. d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); and total remaining funds. The CAR should include an explanation of any discrepancies in the budget from the approved workplan. 3. If the CAR makes any subawards under this agreement, then it becomes a pass- through entity under the "Establishing and Managing Subaward" General Term and Condition of this agreement. As the pass- through entity, the CAR must report to EPA on its subaward monitoring activities under 2 CFR 200.331(d), including the following information on subawards as part of the CAR's quarterly performance reporting: a. Summaries of results of reviews of financial and programmatic reports. b. Summaries of findings from site visits and /or desk reviews to ensure effective subrecipient performance. c. Environmental results the subrecipient achieved. d. Summaries of audit findings and related pass- through entity management decisions. e. Actions the pass- through entity has taken to correct any deficiencies such as those specified at 2 CFR 200.331(e), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. 4. The CAR must maintain records that will enable it to report to EPA on the amount of funds disbursed by the CAR to assess specific properties under this cooperative agreement. 5. In accordance with 2 CFR 200.328(d)(1), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs /outcomes specified in the approved workplan. E. Property Profile Submission The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, institution controls, engineering controls) by completing and submitting relevant portions of the Property Profile Form using the Brownfields Program on -line reporting system, known as Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must utilize the ACRES system unless approval is obtained from the regional Project Officer to utilize and submit the Property Profile Form instead. F. Community Outreach 1. The CAR agrees to clearly reference EPA investments in the project during all phases of community outreach outlined in the EPA - approved workplan, which may include the development of any post - project summary or success materials that highlight achievements to which this project contributed. Specifically: a. The CAR agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction or site reuse projects as a result of this agreement, and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days' notice. b. To increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to include in their outreach strategies communication in non - English languages. Translation costs for this purpose are allowable, provided the costs are.reasonable c. Project Outreach Materials i) If any document, fact sheet, and /or web material are developed as part of this cooperative agreement, then they shall include the following statement: "Though this project has been funded, wholly or in part, by EPA, the contents of this document do not necessarily reflect the views and policies of EPA." ii) If a sign is developed, as part of a project funded by this cooperative agreement, then the sign shall include either a statement (e.g., this project has been funded, wholly or in part, by EPA) and /or EPA's logo acknowledging that EPA is a source of funding for the project. The EPA logo may be used on project signage when the sign can be placed in a visible location with direct linkage to site activities. Use of the EPA logo must follow the sign specifications available at: http: / /www.epa.gov /ogd /tc.htm. G. Final Technical Cooperative Agreement Report with Environmental Results In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.328 monitoring and reporting program performance ), the CAR agrees to submit to the EPA Project Officer within 90 days after the expiration or termination of the approved project period a final technical report on the cooperative agreement and at least one reproducible copy suitable for printing. The final technical report shall document project activities over the entire project period and shall include brief information on each of the following areas: 1) a comparison of actual accomplishments with the anticipated outputs /outcomes specified in the assistance agreement workplan; 2) reasons why anticipated outputs /outcomes were not met; and 3) other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees that it will notify EPA of problems, delays, or adverse conditions which materially impair the ability to meet the outputs /outcomes specified in the cooperative agreement workplan. EPA will provide the CAR with an outline for the final report. H. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subawards that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a subaward to a subrecipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subrecipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. IV. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the workplan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV. of these Terms and Conditions. In addition, eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA § 104(k); b. Ensuring that an assessment complies with applicable requirements under federal and state laws, as required by CERCLA § 104(k); c. Using a portion of the cooperative agreement funds to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the ineligible uses under Section IV.B.; and d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subawards to the extent allowable under Section IV.B.2.; and carrying out community involvement pertaining to the assessment activities. 2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used by the CAR itself as a programmatic cost for brownfield program development and implementation (including monitoring of health and institutional controls). The CAR must maintain records on funds that will be used to carry out this Task in its EPA approved workplan to ensure compliance with this requirement. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Site development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the cooperative agreement; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost -share required by another federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the CAR of the cooperative agreement or subaward recipient is potentially liable under CERCLA § 107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under 2 CFR Part 200 Subpart E. 2. Under CERCLA § 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under 2 CFR Part 225 for state, local and tribal governments, as applicable. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements, Cost Principles and Audit requirements for Federal Awards at 2 CFR 200 and 2 CFR 1500. Direct costs for cooperative agreement administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the CAR is required to carry out the activity under the cooperative agreement. Costs incurred to report quarterly performance to EPA under the cooperative agreement are eligible. b. Ineligible cooperative agreement administration costs include direct costs for: (1) Preparation of applications for brownfields grants; (2) Record retention required under 2 CFR 1500.6; (3) Record - keeping associated with equipment purchases required under 2 CFR 200.313; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 2 CFR 200.308; (5) Maintaining and operating financial management systems required under 2 CFR 200.302; (6) Preparing payment requests and handling payments under 2 CFR 200.305; (7) Non - federal audits required under 2 CFR 200 Subpart F; and (8) Close out under 2 CFR 200.343. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, and administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property- specific funding determination. C. Interest - Bearing Accounts and Program Income 1. In accordance with 2 CFR 1500.7, during the performance period of the cooperative agreement the CAR is authorized to add program income to the funds awarded by EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of cooperative agreement funds and program income (i.e. fees) in an interest bearing account. a. For interest earned on advances, CARs are subject to the provisions of 2 CFR 200.305(b)(7)(ii) relating to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program income. c. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 2 CFR 1500.8. V. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities 1. Prior to conducting or engaging in any on -site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental data are collected as part of the brownfields assessment, the CAR shall comply with 2 CFR 1500.11 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. 2. In addition, the recipient must comply with the following QA requirements: a. This grant includes the performance of environmental measurements, therefore, a QA Plan, a Sampling and Analysis Plan, or other comparable document covering QA activities, must be prepared before any sampling or cleanup activities at the site may begin. An example of a comparable document is a Sampling Plan approved by the state oversight authority. If the document submitted does not meet EPA's basic information requirements, an addendum or supplemental Sampling and Analysis Plan may be required before sampling work may begin. The recipient should consult with the Region 9 Quality Assurance Office at 415 - 972 -3411 to determine if a QA document is required. The Quality Assurance Manager will determine what type of QA documentation would be most appropriate and what QA guidance should be followed if a document is required. The QA Plan must be approved by the EPA Project Officer, the Region 9 Quality Assurance Manager, and the recipient's Quality Assurance Officer before measurement activities are undertaken. Typically, measurement activities must be described by the type of media (soil, water, air), by the phase of the project (i.e.: sampling backfill material, air monitoring during removal work, confirmation sampling), and by location. Emergency measurements may be taken without a QA Plan being prepared if the Region 9 Quality Assurance Manager agrees that the nature of the data collection activity required due to the emergency warrants an exemption and the recipient contacts the Quality Assurance Manager to obtain approval prior to beginning the sampling work. Contact the QA Office at 415 - 972 -3411. In the event an unforeseen site condition arises during the cleanup work, changes or deviations to the type of contaminant sampled, methodology, or sample spacing, the recipient must contact the Quality Assurance Manager to determine if the Sampling and Analysis Plan must be amended before new work is initiated. If the change is such that a site hazard is created by a delay in the work, the recipient shall contact the Quality Assurance Manager to obtain approval prior to formally revising the document. Minor field deviations (i.e: slight location changes) should be noted in the final cleanup report, but do not require EPA approval. c. In general, a QAPP or Sampling and Analysis Plan will require approximately two to four weeks for the EPA Quality Assurance Manager to review and return comments. Documents generally require one revision and re- submittal. The re- submittal review time is typically two weeks. C. All Appropriate Inquiry As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's all appropriate inquiries regulation. The CAR shall utilize the practices in ASTM standard E1527 -13 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule (40 CFR 312). A suggested outline for an AAI final report is provided in "All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content ", (Publication Number: EPA 560 -F -14 -003). This does not preclude the use of cooperative agreement funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. 2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must comply with 40 C.F.R. Part 312 and must, at a minimum, include the information below. All AAI reports submitted to EPA Project Officers as deliverables under this agreement must be accompanied by a completed "All Appropriate Inquiries Final Rule: Reporting Requirements Checklist for Assessment Grant Recipients" (Publication Number: EPA 560 -R -10 -030) that EPA's Project Officer will provide to the recipient. The checklist also is available to CARs on EPA's website at www.epa.gov /brownfields. a. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. An identification of "significant" data gaps (as defined in 40 C.F.R. 312.10), if any, in the information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps. c. Qualifications and signature of the environmental professional(s). The environmental professional must place the following statements in the document and sign the document: "[1, We] declare that, to the best of [my, our] professional knowledge and belief, [1, we] meet the definition of Environmental Professional as defined in §312.10 of this part." "[1, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [1, We] have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312." Note: Please use either "I" or "We." d. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation , if the environmental professional has such an opinion. 3. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527 -13). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 2 CFR 200.338 through 2 CFR 200.342. If a recipient willfully fails to correct the deficiencies the Agency may consider other available remedies under 2 CFR 200.342. D. Completion of Assessment Activities The CAR shall properly document the completion of all activities described in the EPA approved workplan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. VII. PAYMENT AND CLOSEOUT A. Payment Schedule The CAR may request payment from EPA pursuant to 2 CFR 200.305. B. Schedule for Closeout 1. Closeout will be conducted in accordance with 2 CFR 200.343. EPA will close out the award when it determines that all applicable administrative actions and all required work under the cooperative agreement have been completed. 2. The CAR, within 90 days after the end date of the period of performance or the termination of the cooperative agreement, must submit all financial, performance, and other reports required as a condition of the cooperative agreement or 2 CFR Part 200. a. The CAR must submit the following documentation: (1) The Final Technical Cooperative Agreement Report as described in Section I II.G. of these Terms and Conditions. (2) A Final Federal Financial Report (FFR - SF425). Submitted to: US EPA, Las Vegas Finance Center 4220 S. Maryland Pkwy, Bldg C, Rm 503 Las Vegas, NV 89119 email: Ivfc- grants0epa.gov https: / /www.epa.gov /financial /q rants (3) A Final MBE /WBE Report (EPA Form 5700 -52A). Submitted to the regional grants office. b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The CAR must immediately refund to EPA any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other cooperative agreements. VIII. CYBERSECURITY: (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable. (b)(1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user - controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional /Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and /or compliance data. (b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. --- END OF DOCUMENT --- U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT PROGRAM WORK PLAN Cooperative Agreement #: 99T62201 •- Bakersfield, California - Fiscal Year 2017 U.S. EPA Brownfields Community -Wide Assessment Grant for Hazardous Substances and Petroleum June 29, 2017 Submitted by: Jacquelyn R. Kitchen Community Development Director City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 (661) 326 -3733 jkitchen@bakersfieldcity.us City of Bakersfield, June 2017 Page 1 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan o III e c ii IP II e n. .....I1 " "1 "l�, e City of Bakersfield, California. The City of Bakersfield (City) is located in Kern County in California's San Joaquin Valley (Valley). Incorporated in 1873, the City grew as farmers discovered the Valley's tremendous agricultural potential. Discovery of the Kern River Oil Field north of the City in 1899 created an oil boom. Oil and agriculture helped drive the City's growth from a population of 26,015 in 1930 to 358,700 today. Bakersfield is the 2nd largest city in the Valley, and 9'" largest in California. Kern is the largest oil producing, and 4th largest agricultural producing county in the United States (US). The City is facing challenges that are acutely felt in east Bakersfield where regional development patterns have resulted in long -term disinvestment. In the 1930s, state planners opted not to keep Highway 99 on its original route through central Bakersfield, instead re- routing it through the City's west side. This, coupled with the construction of US Interstate Highway 5 also west of the City in the 1960s, shifted development westward, pulling investment away from downtown and east Bakersfield, and stranding the local population among aging and underutilized brownfields. Economic conditions have been worsened by volatility in the critical agricultural and oil markets which have been hit by prolonged drought and drops in oil prices over the last decade. From 1993 to 2015, the Kern County poverty rate ranged from 18% to 25% compared to 12% to 17% statewide. Today, poverty and crime rates are typically twice as high in east and downtown Bakersfield as observed city -wide. With concentrated industrial sites, highways, and railroads, Bakersfield's air quality has consistently been among the worst in the US. Bakersfield is at a crossroads of challenges and opportunities. The population is growing rapidly and there is significant pressure for economic growth. The City is also planning for the arrival of the California High Speed Rail (HSR), which will include a station in downtown Bakersfield, and working to recover from the state legislature's 2012 dissolution of local Redevelopment Agencies (RDAs) that existed to combat blight and promote equitable economic development. Meanwhile, unemployment and poverty rates in east and downtown Bakersfield are much higher than the region, and brownfields are more concentrated in these areas. Brownfields in downtown and east Bakersfield range from large vacant former industrial lots to smaller former manufacturing sites, gas stations, auto shops, and dry cleaners. Many of these sites are adjacent to the minority and low- income residential neighborhoods that characterize these areas. City of Bakersfield, June 2017 Page 2 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan The City seeks to promote Brownfield redevelopment in three Brownfield- impacted Focus Areas: Downtown, Highway 58 /Mt. Vernon, and the Municipal Airport area. This project aligns with several ongoing revitalization efforts including the City's Economic Opportunity Areas Plan that identifies the same three Focus Areas as Opportunity Zones where redevelopment will be promoted using a range of incentives. a. EPA Strategic Plan This project supports EPA's Strategic Plan and GPRA Goal 3: Cleaning -Up Communities and Advancing Sustainable Development, Objective 3.1 Promote Sustainable and Livable Communities. Outputs: The City will inventory and assess hazardous substance and petroleum brownfields within the community in order to catalyze cleanup and revitalization of priority sites. The City anticipates specific outputs to include the following: Task 1 - Project Management and Reporting The City will complete the following reports as required and in accordance with the submittal deadlines to be specified in the Cooperative Agreement (CA) with EPA: • Quarterly progress /status reports; • Brownfield Advisory Committee (BAC) meeting minutes; • Annual Disadvantaged Business Enterprise (DBE) reports; • Assessment, Cleanup and Redevelopment Exchange System (ACRES) updates; and, • Final financial and close -out summary report to EPA. Additionally, the City will attend one national or state /regional Brownfield conference. Task 2 - Community Outreach • Establish the BAC, meet with developers, property owners, other stakeholders, and the general public; • Solicit, discuss, and implement meaningful public input into the grant processes; • Public notices; • Meeting materials and presentations; • Brochures and other public information materials; and, • Project webpage for the City's website. City of Bakersfield, June 2017 Page 3 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Task 3 - Brownfield Inventory and Prioritization • Inventory of potential Brownfield sites in areas of the city identified through outreach as areas of high priority and redevelopment potential; and, • Prioritized list of sites for assessment. Task 4 - Phase I Environmental Site Assessments (ESAs) • Site eligibility determinations for each site selected for Phase I ESAs; • Site access agreements for sites prioritized for Phase I ESAs; • Health and Safety Plans (HASPs) prior to conducting each Phase I ESA; and, • American Society for Testing Materials (ASTM) E1527 -13 Phase I ESAs at up to 6 -8 high priority Brownfield sites (3 -4 hazardous substance sites and 3 -4 petroleum sites). Task 5 - Phase II Environmental Site Assessments (ESAs) • Comprehensive Quality Assurance Project Plan (QAPP); • Site access agreements for sites prioritized for Phase II ESAs; • Site - Specific Sampling and Analysis Plans (SSSAPs) and updated HASPs for sites prioritized for Phase II ESAs; • Site - specific Endangered Species Act and National Historic Preservation Act consultations before conducting Phase II ESAs (as necessary); • Phase II ESAs on select parcels for which Phase I ESAs are completed and for which the need for further assessment is identified. The City plans to conduct Phase II ESAs on up to 4 -6 high - priority brownfields sites (2 -3 hazardous substances sites and 2 -3 petroleum sites). Task 6 - Remedial Action Plans (RAPs) & Area -Wide Plannina (AWP • RAPs /Site- Specific Reuse Plans (SSRPs) at up to 2 high - priority sites for which Phase II ESAs are completed and for which further assessment /clean -up need is identified (1 hazardous substances site and 1 petroleum site); and, • Area -Wide Planning (AWP) for one or more focus areas within the City of Bakersfield. Outcomes: The following specific outcomes will be tracked on a quarterly basis: • Number of potential Brownfield properties inventoried; • Numbers of sites and acres of land assessed; • Numbers of sites for which property title transfers are facilitated; • Acres of land redeveloped, and location and square footage of buildings positioned for adaptive reuse; • Acres of parks or green space created; • Length of walking or bike trails created; City of Bakersfield, June 2017 Page 4 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan • Amount of additional public and private investment leveraged; • Amount of other funding leveraged; • Jobs created or retained; • Increased property and sales tax revenue generated; • Number of buildings seeking LEED certification; and, • Incorporation of green and sustainable assessment and remediation (GSR) techniques applicable to Phase II ESA activities. b. Project Goals The City's overall goal is to build a sustainable Brownfield Program that spurs economic development and reduces risks to human health and the environment by redeveloping underutilized, blighted Brownfield properties. Grant funds will be used to support the Project goals by: 1) Establishing and maintaining a comprehensive Brownfield inventory; 2) Conducting Phase I and II ESAs to facilitate the cleanup, transfer, and redevelopment of brownfields; 3) Engaging the community and stakeholders in identifying and prioritizing sites and redevelopment planning; and, 4) Conducting AWP within one focus area including market analysis, existing conditions /infrastructure evaluation studies, site - specific reuse planning for catalyst Brownfield sites, and community visioning exercises to inform a common redevelopment strategy and implementation plan. I :. II...asks II as Ik. I ........ Il:::1ir(,A ed . aire ag &rn eins and a. Task Description The City and its Consultant will lead Task 1 and provide regular reports as required by the EPA including Quarterly Progress Reports, DBE Reports, and the final Federal Financial Report. Up to 2 City staff will attend 1 national or state /regional Brownfield conference. Cost: $19,980 (50% hazardous substances grant funds /50% petroleum grant funds) • City personnel labor /fringe: $1,530 (18 hours at $85 /hr) • Contractual: $15,000 (60 hours at $125 /hr) • Travel: 2 City staff to attend 1 state /regional or national brownfields conference. See budget table below. City of Bakersfield, June 2017 Page 5 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Travel Budget Detail • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September]. • DBE Reports will be submitted within 30 days of the end of the annual reporting period ending September (due by October 30th). • Property profiles will be completed and updated quarterly in ACRES for each property where CA funds are expended. • A final performance report will be completed and submitted to the EPA Project Officer (electronically) within 90 calendar days following the expiration or termination of the award. The report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and a summary Project fact sheet. • Regional or national brownfields conference (anticipated 2018 or 2019). d. Deliverables • Quarterly Progress Reports; • DBE Reports; • Updated ACRES records; and, • Final Performance Report. 11 as: k. 2 .... C rn rn ..ji n y 0ry ..ji Yi ire a c161 a. Task Description The objective of this task is to ensure that community concerns are considered in assessment planning and execution. The objective of this task is to ensure that the community is kept informed of Project goals, methods, and progress and ensure the City of Bakersfield, June 2017 Page 6 of 75 Airfare Hotel Per Diem Airport Parking Totals State/ Regional /National Conference $1,600 $1,360 $450 $40 $3,450 (4 days/ 3 nights) • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September]. • DBE Reports will be submitted within 30 days of the end of the annual reporting period ending September (due by October 30th). • Property profiles will be completed and updated quarterly in ACRES for each property where CA funds are expended. • A final performance report will be completed and submitted to the EPA Project Officer (electronically) within 90 calendar days following the expiration or termination of the award. The report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and a summary Project fact sheet. • Regional or national brownfields conference (anticipated 2018 or 2019). d. Deliverables • Quarterly Progress Reports; • DBE Reports; • Updated ACRES records; and, • Final Performance Report. 11 as: k. 2 .... C rn rn ..ji n y 0ry ..ji Yi ire a c161 a. Task Description The objective of this task is to ensure that community concerns are considered in assessment planning and execution. The objective of this task is to ensure that the community is kept informed of Project goals, methods, and progress and ensure the City of Bakersfield, June 2017 Page 6 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan public is provided opportunity for meaningful participation. The Consultant will lead the outreach activities with support and guidance from the City. • Convene the Brownfield Advisory Committee (BAC); • Coordinate and conduct at least 6 and up to 10 meetings with BAC, stakeholders, and the public to publicize the program and promote community and property -owner participation; • Develop outreach materials including fact sheets /mailers, press releases, project website, meeting materials and presentations; • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites; and, • Infuse meaningful public input throughout all tasks during the grant project. Cost: $18,530 (50% hazardous substances grant funds /50% petroleum grant funds) • City personnel labor /fringe: $1,530 (18 hours at $85 /hr) • Contractual: $16,000 (64 hours at $125 /hr) • Supplies: $1,000 (printing costs [$300]; public notice mailing expenses [$400]; and public meeting display boards and other graphic materials [$300]) • November 2017: Convene BAC composed of community partners identified during the grant application process to plan and guide community outreach efforts; • BAC will hold at least 6 and up to 10 meetings during Project; • Hold public Project kickoff meeting by February 2018 - outreach ongoing throughout Project; and, • Fact sheets /mailers will be prepared as needed and distributed at project milestones which may include but not limited to the beginning of the Project, if there are new developments or delays, and after assessments are complete. d. Deliverables • BAC and other meeting notes; • Site Nomination Form to solicit community input regarding identification and prioritization of sites; • Fact sheets /mailers: • Press releases; • Project website; and, • Meeting materials and presentations. City of Bakersfield, June 2017 Page 7 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Il as Ik. 3 .... I13 r(,.) n f ii eII d I nveire kIr and II:::) irii (,Irii Yi ii i:: Yi ii (,In a. Task Description The City's Consultant will build a geographic information system (GIS) -based inventory of Brownfield sites in one or more high priority areas of the city. The data may be integrated with other databases to better relate the presence of brownfields to various economic impacts and /or health data. The Consultant will lead the inventory and prioritization activities with support from the City and the BAC. • Review federal, state and local environmental regulatory agency, and public health records; • Review local property records relevant to identification of brownfields (including occupancy and other permits, tax delinquency status, building code violations, assessors data, City spill data, and sites identified in recent plans and studies); • Review Sanborn Maps, aerial photographs, and /or other historical resources to identify sites which have a significant potential for impacts from historical land uses; • Reach out to local developers, real estate brokers, property owners, and other stakeholders for information on potential brownfields; • Conduct tours /windshield surveys to identify potential sites and verify current conditions; and, • The inventory and prioritization process will be integrated with GIS, supplementing existing data layers to isolate sites with environmental concerns and reuse potential. • Following inventory activities, sites will be prioritized for assessment and /or cleanup /redevelopment planning. The City will develop prioritization criteria based on project goals and community input. We may use a triple- bottom -line (TBL) system to produce a numerical ranking using 3 categories: 1) Economic (e.g. building condition, improvement -to -land value ratio, anticipated tax revenue increase, for sale or lease); 2) Environmental (e.g. proximity to sensitive areas, proximity to homes or parks, listing on environmental database); and 3) Equity (e.g. poverty, minority, cancer incidence). We will also evaluate property owner willingness to participate, and the community benefits that would be achieved if a Brownfield was assessed and eventually redeveloped. Cost: $21,190 (50% hazardous substances grant funds /50% petroleum grant funds). • City personnel labor /fringe: $1,190 (14 hours at $85 /hr). • Contractual: $20,000 (160 hours at $125 /hr). City of Bakersfield, June 2017 Page 8 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Task Start Date: November 2017 Task Completion Date: May 2018 d. Deliverables • GIS -based inventory of potential Brownfield sites; • List of criteria for ranking sites; • GIS maps of potential brownfields sites, as needed for planning and property redevelopment marketing; and, • Brownfield inventory report documenting inventory and prioritization methods. a. Task Description The City's Consultant will conduct Phase I ESAs on up to 6 -8 sites (3 -4 hazardous substance sites and 3 -4 petroleum sites). The City's Consultant will complete Phase I ESAs in accordance with All Appropriate Inquiry (AAI) and ASTM Practice E 1527 -13 "Standard Practice for ESAs; Phase I ESA Process." The City and /or its Consultant will contact site owners, negotiate access agreements, and complete site eligibility determinations before beginning Phase I ESAs. Site eligibility determination requests will be submitted to the EPA Project Officer using the EPA Region 9 form. Site eligibility will be reviewed by the EPA Project Officer and the appropriate state agency (for petroleum sites) prior to any site - specific work. The ACRES database will be updated at the conclusion of each site eligibility determination and each Phase I ESA. The City and its Consultant will lead the Phase I ESA task with assistance from the BAC on site selection, access issues, data acquisition, and report review and distribution. Cost: $41,530 (50% hazardous substances grant funds /50% petroleum grant funds). • City personnel labor /fringe: $1,530 (18 hours at $85 /hr) • Contractual: $40,000 - Average Phase I ESA cost: $5,000 (8 x $5,000 = $40,000) City of Bakersfield, June 2017 Page 9 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan • Phase I ESA costs include eligibility determination, HASP and other pre -Phase I ESA activities. Task Start Date: May 2018 Task Completion Date: Ongoing throughout grant period d. Deliverables • Completed eligibility determinations; • HASPs; • Signed access agreements; and, • ASTM E1527 -13 Phase I ESA reports. Il as Ik. 5 .... II:::I) a°:e e 11 II::::: ` A s a. Task Description • Complete a comprehensive QAPP; • Obtain site access agreements for sites prioritized for Phase II ESAs; • Provide documentation to fulfill EPA's requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA) (as required). • Complete Site - Specific Sampling and Analysis Plans (SSSAPs) and update HASPs for sites prioritized for Phase II ESAs; and, • Perform Phase II ESA and /or supplemental assessment activities on select parcels for which Phase I ESAs are completed and for which the need for further assessment is identified. The City plans to conduct Phase II ESAs on up to 4 -6 high - priority brownfields sites (2 -3 hazardous substances sites and 2 -3 petroleum sites). The City and its Consultant will lead the Phase II ESA tasks with assistance from BAC on site selection, access issues, data acquisition, and report review and distribution. Cost: $153,360 (50% hazardous substances grant funds /50% petroleum grant funds). See breakdown in the table below. City of Bakersfield, June 2017 Page 70 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Task 5 Total Budget Subtasks Units Cost Per Unit (50% haz sub/ 50% petroleum) QAPP 1 $8,000 $8,000 Phase II ESA 6 $24,000 $144,000 City Personnel Labor /Fringe 16 $85 $1,360 Total Task 3 $153,360 Cost Task Start Date: • QAPP Completed by February 2018 • First Phase II ESA underway by September 2018 Task Completion Date: Ongoing throughout grant period d. Deliverables • Comprehensive QAPP; • Completed /updated eligibility forms; • Health and Safety Plans (HASPs); • Endangered Species, NHPA, and cultural resources documentation; • Signed access agreements; • Site - Specific Sampling and Analysis Plans (SSAPs); and, • Phase II ESA Reports. IlasIk. 6 .... III,: rnedid AcYiii('In I:::Ian (IRIAII:::)s) 8 Are:,::... flde I:::Ianning (AM:::)) a. Task Description • Prepare RAPs and /or Site - Specific Reuse Plans at up to 1 petroleum and 1 hazardous substance sites; and, • Conduct Area -Wide Planning for one or more focus areas. Cost: $45,410 (50% hazardous substances grant funds /50% petroleum grant funds). See breakdown in the table below. City of Bakersfield, June 2017 Page 11 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan Task 6 Total Budget Subtasks Units Cost Per Unit (50% haz sub/ 50% petroleum) RAPs / SSRPs 2 $9,200 $18,400 Area -Wide Planning 1 $24,000 $24,000 City Personnel Labor /Fringe 34 $85 $2,890 Total Task 3 $45,410 Cost Task Start Date: RAPs / SSRPs underway by February 2019 Task Completion Date: Ongoing throughout grant period d. Deliverables • RAPs /Site- Specific Reuse Plans; and, • AWP report(s). City of Bakersfield, June 2017 Page 72 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan cxf ii II es t- ire es & IDeliverables YEAR DUE DATE TASK ITEM Submit Submit (for grant to EPA to awarded STATE 10/01/17) 2017- Quarterly 1 Quarterly Progress Report (QPR)- First X Ongoing Period 10 /1- 12/31/17 2017- As needed 1 Property Profile Form entered in X Ongoing ACRES or submitted to PO; updated as needed 2017 Month 1 1 Internal kickoff meeting with City, X Consultant and EPA 2017 Month 2 2 Establish BAC and Identify X X Stakeholders 2018 Month 5 2 Public Project kickoff meeting with X public and key stakeholders; 2018 Month 5 2 Site Nomination Form to solicit X community input 2018 Month 5 5 Comprehensive QAPP Finalized X 2018 Month 8 3 Inventory developed & Site Selection X Criteria set 2018 Month 8 3 Top sites selected for Phase I X X 2018- Starting 4 &5 Site eligibility requested & confirmed X X Ongoing Month 8 (At least 30 days before assessment is scheduled to begin) 2018- Starting 4 & 5 Before conducting assessments: X Ongoing Month 9 HASP; Site Access Agreements in Place; Endangered Species Act; National Historic Preservation Act Letters (not required for Phase I ESA) 2018- Starting 4 Phase I Site Assessments X Ongoing Month 10 City of Bakersfield, June 2017 Page 73 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan YEAR DUE DATE TASK ITEM Submit Submit (for grant to EPA to awarded STATE 10/01/17) 2018- Month 12 - 1 Disadvantaged Business Enterprises X 2020 Annually (DBE) Report Reports must be submitted annually by October 30th of each year. 2018- Starting 5 Phase II Site Assessments X Ongoing Month 12 2019- Starting 6 Site - Specific Sampling and Analysis X Ongoing Month 15 Plans and HASP updates 2019- Starting 6 RAPs and/or Site-Specific Reuse Plans X Ongoing Month 16 2019- Starting 6 Area -Wide Planning reports X Ongoing Month 17 2020 Month 36 5 Assessment results - Spreadsheet of X Assessed Properties 2020 -21 Months 36 - 1 Final Federal Financial Report (FFR) X 39 (SF425) & Final Drawdown For forms & more information, visit: http://vvww.epa.gov/ocfo/finservices/forms.htm 2020 -21 Months 36 - 1 Closeout: Final Performance Report X 39 with Summary Fact Sheet, Photos, and Lessons Learned City of Bakersfield, June 2017 Page 74 of 75 Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan ... (..7 r �u In II In (" ... �"�,::t Ir �� The City will incorporate the EPA Greening Grants Policy during Project implementation. 1. The City will continue to implement environmentally preferable purchasing (e.g. office Supplies). 2. The City will continue the in- office recycling program. 3. The City will conduct Green meetings (e.g., sending electronic invitations; choosing public- transit - friendly meeting locations; ensuring hard copy outreach materials are printed double -sided and on recycled paper, etc.) City of Bakersfield, June 2017 Page 75 of 75 Task 1 Project Management and Reporting Task 2 Community Outreach Task 3 Site Inventory and Prioritization Task 4 Phase I ESAs Task 5 Phase II ESAs Task 6 RAPS/ AWP Total HAZARDOUS SUBSTANCES GRANT Personnel & Fringe $765 $765 $595 $765 $680 $1,445 $5,015 Travel $1,725 $0 $0 $0 $0 $0 $1,725 Supplies $0 $500 $0 $0 $0 $0 $500 Contractual $7,500 1 $8,000 1 $10,000 1 $20,000 1 $76,000 1 $21,260 1 $142,760 Sub -Total $9,990 $9,265 $10,595 $20,765 1 $76,680 1 $22,705 1 $150,000 PETROLEUM GRANT Personnel & Fringe $765 $765 $595 $765 $680 $1,445 $5,015 Travel $1,725 $0 $0 $0 $0 $0 $1,725 Supplies $0 $500 $0 $0 $0 $0 $500 Contractual $7,500 $8,000 $10,000 $20,000 $76,000 $21,260 $142,760 Sub -Total $9,990 $9,265 $10,595 $20,765 $76,680 $22,705 $150,000 TOTAL 19,980 18 ;00 $21;]11'94 $41,534 153,360 $45,410 $304,00n +. ... (..7 r �u In II In (" ... �"�,::t Ir �� The City will incorporate the EPA Greening Grants Policy during Project implementation. 1. The City will continue to implement environmentally preferable purchasing (e.g. office Supplies). 2. The City will continue the in- office recycling program. 3. The City will conduct Green meetings (e.g., sending electronic invitations; choosing public- transit - friendly meeting locations; ensuring hard copy outreach materials are printed double -sided and on recycled paper, etc.) City of Bakersfield, June 2017 Page 75 of 75 AGREEMENT NO. 16-255 PLANNING CONSULTANT AGREEMENT This PLANNING CONSULTANT AGREEMENT ( "Agreement ") for the processing of the U.S. Environmental Protection Agency Brownfields Grant G and Implementation specified herein is made and entered into on iMLII 101 ( "Effective Date "), by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and STANTEC CONSULTING SERVICES, INC., a New York Corporation, ( "PLANNING CONSULTANT" herein). RECITALS WHEREAS, CITY does not have expertise currently on staff to secure and implement United States Environmental Protection Agency (EPA) and other Federal or State grants for the assessment, cleanup, or redevelopment of brownfield properties; and WHEREAS, to identify a consultant to assist CITY in preparing the grant application and implementation, CITY issued a Request for Proposals, ( "RFP "), which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, PLANNING CONSULTANT submitted a written proposal in response to the RFP, which is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, PLANNING CONSULTANT represents that it is experienced in the field of environmental assessment, remedial planning, community outreach, and other environmental or planning components; and WHEREAS, PLANNING CONSULTANT has reviewed the RFP and is satisfied that PLANNING CONSULTANT understands the project requirements outlined in the RFP and is competent to undertake the project as set forth in the RFP; and WHEREAS, PLANNING CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below; and WHEREAS, PLANNING CONSULTANT represents that all of its key personnel assigned to perform the work set forth herein, are licensed professionals, and hold professional degrees, in engineering, planning, or similar professional areas; and WHEREAS, PLANNING CONSULTANT represents that it currently has, and acknowledges that it must maintain throughout the term of this Agreement, errors and omissions insurance to protect CITY in the event of PLANNING CONSULTANT's professional errors or omissions; and PLANNING CONSULTANT AGREEMENT 5:1EPC0_SharedlBrownField Grpnis\ConsVlianl COn }rpCf\FlnPl ConsVltpnl Con}racl_EPA 6rownField5 Grant 11,4.2016 Clepn.docx Updated- November 4, 2016 Purge 1 oP} 2 rrr �• r 4 ORIGINAL WHEREAS, the term PLANNING CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PLANNING CONSULTANT agree as follows: 1. WORK TO BE PERFORMED. 1.1. Scope of Work. In exchange for the compensation described below, PLANNING CONSULTANT must competently and thoroughly complete all tasks of the project set forth in Exhibit C, "SCOPE OF WORK," which is attached hereto and incorporated herein by reference. PLANNING CONSULTANT's services to be performed under this Agreement include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. Any additions to or deletions from the Scope of Work determined necessary by CITY, in its sole discretion, will require an amendment of this Agreement. 1.2. Performance Expectations. In performing the Scope of Work, PLANNING CONSULTANT must exercise the degree of skill and care customarily exercised by similar professionals in California who provide similar services. PLANNING CONSULTANT must perform the Scope of Work to the satisfaction of the Planning Director ( "Director ") or the Director's authorized representative. 1.3. Subconsuffants. Any subconsultant or agent retained by PLANNING CONSULTANT to assist in the performance of the Scope of Work (collectively, "Subconsultant") must comply with the terms, covenants, and conditions in this Agreement and all health and safety guidelines and regulations pertaining to the project. PLANNING CONSULTANT must provide a copy of this Agreement to each Subconsultant, who shall sign and deliver to PLANNING CONSULTANT an acknowledgement that they have been provided with ❑ copy of this Agreement and agree to be bound by its terms. However, notwithstanding the designation of PLANNING CONSULTANT or a Subconsultant as having the lead or support role in any of the listed tasks included in the Scope of Work, it will at all times be the sole responsibility of PLANNING CONSULTANT to require that the Scope of Work is performed as required by this Agreement. 2. COMPENSATION. Subject to the conditions of this section, CITY will compensate PLANNING CONSULTANT for performing the Scope of Work ( "Compensation "); provided, however, that in no case will CITY compensate PLANNING CONSULTANT more than $300,000 for performing the Scope of Work. The Compensation will be the total compensation paid to PLANNING CONSULTANT for performing the Scope of Work and includes out -of- pocket costs, taxes, salary, overhead, travel, incidental expenses, and profit for PLANNING CONSULTANT and any Subconsultant. CITY will pay no other compensation to PLANNING CONSULTANT. As detailed in Exhibit B, no fees are to be paid for the grant application services and assisting with the PLANNING CONSULTANT AGREEMENT 4 �AxF9 SAEOCO_Shared\Browntield Granls\ConUltant Controct\Finol Consultant Controct_EPA Brownfelds Gronl 11 A.201b Cleo n.docx Updated -November a, 2016 ❑ cf- Page 2 of �7 Q ORIGINAL Cooperative Agreement (CA) Work Plan. 2.1. Payment for Services Performed Related to Grant Applications (Task 1 ) contingent upon Award of Grant Funds. The PLANNING CONSULTANT has agreed that compensation for any and all services performed in relation to Task 1 (Develop and Submit EPA Brownfield Grant Application) of the Scope of Work is fully contingent upon award of the specific grant funds to the CITY by the EPA or other Federal or State agency. Failure of the award of such funds shall terminate the remainder of this contract pursuant to Section 6 of this Agreement. 2.2. Agreement Conditioned Upon Availability of Funds. The entirety of this Agreement, and payment of any Compensation for performance of the Scope of Work, is subject to the continued availability of the specific grant funds awarded to CITY by the EPA or other Federal or State agency. Should CITY be advised by the EPA, or authorized designee, that the terms of the grant award have become void or that the grant funds are not otherwise available, CITY will provide a notice to stop work to PLANNING CONSULTANT within three business days of receipt of notice from the EPA. Upon receipt of CITY's notice to stop work, PLANNING CONSULTANT must immediately stop alt work on the Scope of Work and prepare a final invoice for work performed up until the time PLANNING CONSULTANT received CITY's notice to stop work, 2.3. Payment Procedure. CITY will compensate PLANNING CONSULTANT as follows: 2.3.1. Submittal of Invoices. PLANNING CONSULTANT must invoice CITY for work completed, and include the following information on those invoices: (1 ) a description of the tasks performed; and (2) a concise itemized list for the work completed with the current invoice amount and the remaining budget. All invoices will be subject to review and written approval by Director, and CITY and PLANNING CONSULTANT will negotiate in good faith to resolve any disputed invoice. 2.3.2. Payment of Invoices. CITY will pay PLANNING CONSULTANT for submitted invoices within thirty days after receipt and approval by CITY of PLANNING CONSULTANT's invoice. CITY reserves the right to withhold payment for work completed within a task until satisfactory completion of the deliverables within that task, as specified on Exhibit C. 3. STARTING WORK. PLANNING CONSULTANT may not begin work until authorized to do so in writing by CITY. No work will be authorized until the Agreement has been fully executed by PLANNING CONSULTANT and CITY. PLANNING CONSULTANT AGREEMENT S:\EDCD_Shgred\Brownfield GronmConsultanl Contmct\Final Consullanl Conlrocl_EPA Brownrields Grant 11.4.2016_Cleon.docx Updated - November 4. 2016 Page 3 of 1;gil �] CD 4. TIME FOR COMPLETION. PLANNING CONSULTANT must complete the Scope of Work no later than December 31, 2020. PLANNING CONSULTANT is not responsible for delays which are outside of its reasonable control. 5. TERM. Unless terminated sooner as set forth herein, this Agreement will terminate on December 31, 2020. 6. TERMINATION. 6.1. For Cause. If at any time CITY becomes dissatisfied with the performance of PLANNING CONSULTANT under this Agreement, CITY may terminate this Agreement after providing PLANNING CONSULTANT with ten -days- written notice of the termination. Written notice must be given pursuant to the Notices section of this Agreement. No Compensation will be paid for work performed after the date the termination becomes effective as provided in the written notice. PLANNING CONSULTANT shall be entitled to payment for work performed satisfactorily up to the effective date of termination. 6.2. For Non- Awrtrd or Loss of Grant Funds. If the initial grant is not awarded or if the terms of the grant award become void or the grant funds are not otherwise available, CITY may terminate the Agreement and will not be obligated to compensate PLANNING CONSULTANT for work performed after PLANNING CONSULTANT's receipt of the notice to stop work, as detailed in Section 2 above. 7. PRIMARY CONTACTS. CITY's Contract Administrator is: Jacquelyn R. Kitchen, Planning Director Community Development Department Planning Division I City of Bakersfield 1715 Chester Avenue, Bakersfield, CA 93301 Telephone: (661 ) 326 -3733 PLANNING CONSULTANT's Project Manager is: Matthew Baffin, Associate Scientist Stantec Consulting Services, Inc. 3875 Atherton Road, Rocklin, CA 95765 -3716 Telephone: {916} 472 -3987 The Contract Administrator and the Project Manager will be the primary contact persons for CITY and PLANNING CONSULTANT, respectively. 8. KEY PERSONNEL. At CITY's request, PLANNING CONSULTANT must name all key personnel to be assigned to perform the Scope of Work. PLANNING CONSULTANT must make every reasonable effort to maintain Matthew Battin, as the Project Manager. All key personnel must be properly licensed and experienced for the work to be performed under this Agreement. PLANNING CONSULTANT must provide background for each of the key personnel including, PLANNING CONSULTANT AGREEMENT S:�EDC0 Shared\BrownField Gronts\Consultan} Contract\Final Consullonl COntraCP_EPA Brownfields Grant 11.4,201&_Cleon.doc Updated — November 4. 2016 Page 4 oa T� Fn r- c3 p ORIGINAL 11101117 CC AGENDA PACKET PG 241 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, PLANNING CONSULTANT may not change such personnel without CITY's written approval. 9. LICENSES. PLANNING CONSULTANT must, at PLANNING CONSULTANT's sole cost and expense, 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 PLANNING CONSULTANT to practice its profession in the State of California. PLANNING CONSULTANT, must submit proof satisfactory to CITY that all employees or Subconsultants assigned to perform professional work on the project or task set forth in this Agreement are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY must have no less than a four -year college degree in the appropriate field of study as determined by CITY. PLANNING CONSULTANT must submit proof that the key employees meet this educational requirement to CITY no later than the Effective Date. 10. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of PLANNING CONSULTANT as an independent contractor. PLANNING CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement may not be construed as farming a partnership or any other association -with PLANNING CONSULTANT other than that of an independent contractor. 11. DIRECTION. PLANNING CONSULTANT retains the right to control or direct the manner in which the Scope of Work is performed. 12. EQUIPMENT. PLANNING CONSULTANT will supply all equipment, tools, materials, and supplies necessary to perform the Scope of Work. 13. INDEMNITY. 13.1. PLANNING CONSULTANT shall indemnify, defend and hold harmless CITY and 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 PLANNING CONSULTANT's or PLANNING 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. 13.2. To the extent Civil Code Section 2782.8 is applicable to this Agreement, PLANNING CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands, against them, or any of them, PLANNING CONSULTANT AGREEMENT 5:\EDCD Shored\Brow nfeld Grants\C onsull ant Contract\Final Consultant Conl ra ct_EPA 8rownfields Grant I 1 - 4.201.d_Clean.docx Updated - November 4, 2016 gAKF Page 5 of 12 0� 9 t` m U p 11101117 CC AGENDA PACKET PG 242 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 PLANNING CONSULTANT. 14. INSURANCE. 14.1. Trines and limits of Insurance. In addition to any other insurance or Security required under this Agreement, PLANNING CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 aggregate; and 14.1.2. Automobile Iiabiiity insurance, providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.3. 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 $1,000,000 per occurrence. The policy must: 14.1.3.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.3.2. Provide unlimited products and completed operations coverage: 14.1.3.3. Provide premises, operations, and mobile equipment coverage: and 14.1.3.4. Contain on additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, PLANNING CONSULTANT must submit to CITY the following certification before beginning any work under this Agreement: PLAWNG CONSULTANT AGREEMENT S:�EDCD_Shared\Browrkfield Glants/Can5ultanl CantraCt/Flnal Consullanl Co fmcl_EPA Brownfields Grant 11.4.2016_Clean,doc>< Updated - November 4, 2016 o`` ,aAK, �i� Page 6 of 11X- Fn v o ORIGINAL I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, PLANNING CONSULTANT 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. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of PLANNING CONSULTANT must be written on ❑ first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by CITY, PLANNING CONSULTANT may utilize a self - insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -- insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of PLANNING CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self - insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of PLANNING CONSULTANT's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -: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 CITY in writing. 14.2.4. Unless otherwise approved by CITY's Risk Manager, PLANNING CONSULTANT will provide notice to the CITY within thirty -days of PLANNING CONSULTANT AGREEMENT S:\EDCD_Shared\Brawnield Granis\Consultant Contract\Final Consultant Contract _EPA 6rownfields Gronl 1 I.4.2016_Cleon.docx Updated- November 4, 2016 Page 7 of 12.%. m t] r' 0 ORIGINAL cancellation or material change in policy language or terms. 14.2.5. 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. 14.2.6. PLANNING CONSULTANT must furnish CITY's 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. 14.2.7. It is further understood and agreed by PLANNING CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by PLANNING CONSULTANT in connection with this Agreement. 14.2.8. Unless otherwise approved by 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 PLANNING CONSULTANT, and all Subconsultants must agree in writing to be bound by the provisions of this section. 15. ACCOUNTING RECORDS. PLANNING CONSULTANT must 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 PLANNING CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder. These records must be made available to CITY representatives upon request at any time during regular business hours. 16. CONFIDENTIALITY. During the term of this Agreement, PLANNING CONSULTANT may have disclosed to it information of a legal and confidential nature ( "Confidential Information "), and such Confidential Information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, PLANNING CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any Confidential Information or use such information other than as necessary in the course of this Agreement. All documents PLANNING CONSULTANT prepares and Confidential Information given to PLANNING CONSULTANT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. PLANNING CONSULTANT must not disclose or permit disclosure of any PLANNING CONSULTANT AGREEMENT S:\EDCD Shared\6rownWd GrantsNConsultanf Contract\Fnal Consultant Contract EPA Brownfields Grant 11.4.2016_Clean.docx Updated - November 4, 2016 Page 8 afaq�A�F�p�, T L) b 11101117 CC AGENDA PACKET PG 245 Confidential Information, except to its employees and Subconsultants on a "need to know basis," that is, who need Confidential Information in order to property execute the Scope of Work, unless authorized or requested in writing by CITY to disclose. 17. CONFLICTS OF INTEREST. PLANNING 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. PLANNING CONSULTANT will not contract for services on any project within the incorporated City of Bakersfield during the term of this agreement for services is not inconsistent, incompatible, in conflict with, or contrary to the performance of the Scope of Work. Any staff assigned to perform services under this Agreement shall not participate in any other project within the incorporated city limits without first receiving consent from the Planning Director determining that the project is not inconsistent, incompatible or in conflict with the Scope of Work under this Agreement, which consent shall not be unreasonably withheld. 18. ND CITY INTEREST. No officer or employee of CITY may hold any interest in this Agreement (California Government Code 1090). 19. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY will not constitute a waiver of any portion or any provision of this Agreement. 20. TITLE TO DOCUMENTS. All digital and hard -copy documents generated by PLANNING CONSULTANT or Subconsultants pursuant to this Agreement, including, but not limited to: plans, drawings, maps, graphics, photographs, computer software (including digital data files, digital program files, and etc.), and any other relevant documents, or copies thereof, will, upon preparation, become the property of CITY for no additional fee or charge. 20.1. Use by CITY. The ideas, concepts, know -how, or techniques developed during the course of this Agreement may be used by CITY in any way it may deem appropriate, so long as that use does not violate any term of this Agreement or other low. 20.2. Survival of Contracted Products Rights. Upon termination of this Agreement, the provisions of this section will continue to survive. 21. • COMPLIANCE WITH ALL LAWS. PLANNING CONSULTANT must, at PLANNING 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 must 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 PLANNING CONSULTA14T AGREEMENT S:\EDCD_Shared`,6rowMeld Grants`,Co ullonl C onl rac I \Final Consullanl Conlracl_EPA Brow nfields Grant 11.4.2615 0ean.docx �A�E Updated - November 4, 2014 - k Page 9 of l,P_ `rt' m tz r— v � ORIGINAL Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02), where required. 22. MISCELLANEOUS. 22.1 No Waiver of Default. The failure of any party to enforce against another party any provision of this Agreement will not constitute a waiver of that party's right to enforce such a provision at a later time and will not serve to vary the terms of this Agreement. 22.2 Governing Law. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California, 22.3 further Assurances. Each party must 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. 22.4 Notices. All notices relative to this Agreement must be given in writing and 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 must be addressed as follows, or at any other address designated by notice: CITY: City of Bakersfield Community Development Department, Planning Division 1715 Chester Avenue, Bakersfield, CA 93301 PLANNING CONSULTANT: Stantec Consulting Services, Inc. 3875 Atherton Road, Rocklin, CA 95765 -3716 22.5 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. PLANNING CONSULTANT AGREEMENT S:\EDCD_Shared\Brownfield Granls\Consullant C ontract\Fina I Consultant Contract_ EPA Brown Was Grant 11.4,2016 C lean.docx Updated - November 4, 2016 Page a -q,P, 100f l t �(p, � r v � ev-, IP+1 AI AI ry CT 247 22.6 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. 22.7 Interpretation. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 22.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22.9 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. 22.10 Tax Numbers. PLANNING CONSULTANT's Federal Tax Identification No. 11- 2167170 PLANNING CONSULTANT is a corporation? Yes X No (Please check one) 22.11 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. 22.12 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 must not apply to the interpretation of this Agreement. 22.13 News Releases /interviews. All news releases, media interviews, testimony at hearings, and public comments relating to this Agreement by PLANNING CONSULTANT are prohibited unless authorized by CITY. 22.14 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. [signatures on next page] PLANNING CONSULTANT AGREEMENT nn SAEDCD_Shored\Brownfeld Grant&\Consultonl Coniroci\Finol Consultant Controct_EPA Brownhelds Grant 11,4,201 d_Clean,docx V nr1�C Updated— November4, 2016 t Page 11 ofy� tZ r- M 0 a ORIGINAL 11101117 CC AGENDA PACKET PG 248 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. CITY CITY OF BAKERSFI BV' HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO City Attor y By: ANDREW HEGLU Deputy City Attorney Insurance /Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT gzrm C � Ii 111►1 I � : T ►y [ � P.1 � �1 i By: PLANNING CONSULTANT nsultinQ Services Inc. �F =f Print Name: Matthew Battin Title: Associate Scientist Print Name: Jaff Auchterlonie Title: Managing Principal Geologist NELSON K. SMITH Finance Director ATTACHMENTS: Exhibit A Request for Proposal Exhibit B Planning Consultant Response to RFP Exhibit C Scope of Work PLANNING CONSULTANT AGREEMENT 5:\EDCQ_ Shared\Brownfeld Granls\Co vItant Contract final Consultant Conlract_EPA Brown fieldsGranl 11A-2016_Clean.docx Updated - November 4, 2016 o``gA�E�cr' Page 12 of 12 ORIGINAL Ae °RO® CERTIFICATE OF LIABILITY INSURANCE 5/1/2017 1 11/4/2016 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 have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to 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 endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960 -9000 CON NAMEA T E. PHONE FAX Extkl A1C Nv E -MAIL ADDRESS: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1 OCCUR Y INSURE S AFFDRDING COVERAGE NAIC Y INSURER A: Zurich American Insurance Coln an ' 16535 EACH OCCURRENCE INSURED STANI'EC CONSULTING SERVICES INC. 1415077 5211 `OI; -1 -H 481 H STREI l' INSURER 5: Sent insurance a Mutual Company 24988 INSURER C: American Guarantee and Liab. ins. Co. 26247 MED EXP [Any one person] IIHOEN Ix A! 85044 INSURER V: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14363481 REVISION NUMBER: xxxxxxx 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 ADPL wvn POLICY NUMBER MM+'DDfYYYY POLICY BXCP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1 OCCUR Y N GLO5415704 5/1/2016 5/1/2017 EACH OCCURRENCE S 2,000,000 PREMISES (Ee EN. cunence 1 s 300 000 X MED EXP [Any one person] s 10,600 CONTH ACTUAL.ICROSS XCIJ COVERED PERSONAL & ADV INJURY s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 4,000,000 PRODUCTS - COMPIOPAGG S 2,000,000 POLICY JE 7 I -, LOC S OTHER B B B AUTOMOBILE LIABILITY x ANY AUTO I Y N 90-17043-08 A 90- 17043 -09 MA] 90-17043-10 CA] 511!2016 5/1/2017 5/1/2016 511120]7 5/1/2016 5/1/2617 (Ea accINdeMSINGLE LIMIT 3 1 099 099 BODILY INJURY [Per person] S xxxxxxx BODILY INJURY [Per accident] S xxxxxxx OWNED 1 SCHEDULED AUTOS ONLY i AUTOS AUTOS ONLY .__ J AD OS ONLY (Per accident) DAMAGE S xxxxxxx sxxxxxxx C x UMBRELLA LIAR x OCCUR N N ALIC918463702 5/1/2016 " 5/1/2017 EACH OCCURRENCE S 5,00M00 000 ]{ AGGREGATE s 5,000,000 EXCESS LIAB CLAIMS -MADE DED I x I RETENFION 3 I0,0LI0 S xxxxxxx B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE YIN �OFFICER/MEMBER EXCLUDED? � {Mandatory in NHJ N) A Y 90- 17043.06 (AOsj 90- ] 7043 -07 iH1] EXCEPT FO OH ND WA WY 5/1/2016 5/1/2017 5/1/2016 - 5/1/2017 x STATUTE ERH E L EAcr+ACC iDENT s 1,000,000 E L DISEASE - EA EMPLOYEE S 1 000,000 E L. DISEASE - POLICY LIMIT S 1,000,000 Ifyes, deSCnhe under DESCRIPTION OF OPERATIONS b-dow I I i PESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requiredI I'MS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSIXEP CERTIFICATES FOR THIS IIOLDER, APPLICABLE TO TH1= CARRIERS LISTED AND THE POLICY TTRNI(S) REFE•RE.NCED. RE PROJECT NAME. US FN VIRONMF.NTAL PROCTECTION AGENCY BROWNFIELDS GRANT APPLICATION(S) AND IMPLEMENTATION. STANTEC PROJECT # 1857. SEE ATTACHED. 14363481 CITY OF BAKERSFIELD 1715 CHESTER AVENUE, BAKERSFIELD CA 93301 ACORD 25 (2016103) L"G►C 03 -4 gopG 's loll C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU TH PRIZED REPRE SENTA gAkr r] 19RRi>¢OI R ACC1Rn Cf]RP()RATInN- AI?rinhfc ret;arvad The ACORD name and logo are registered marks of ACORD r— - ORIGINAL CONTINUATION DESCRIPTION OF OPERATION51LOCATIONWEHICLES IEXCLUSIDNS ADDED BY ENDORSEMENTISPECfAL PROM SIDNS (use only If more space is required) CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT, THE ADDITIONAL INSURERS' OWN COVERAGE 1S EXCESS OF AND NON - CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING INC. WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COM PENS ATIONIEMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. okgA���T T U � ACORD 25 (20161031 Certificate I ]older ID: 4 ACQR I a DATE {MMroD1YYYY) CERTIFICATE OF LIABILITY INSURANCE I01112017 114/20I6 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 PHONE FAX AIC NO: E-MAIL ADDR£ s: COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR I NSU R ER(Sj AFFORDING COVERAGE NAIC p INSURER A: L f L n on NOT APPLICABLE INSURED STANTEC CONSULTING SERVICES INC. ] 414100 8211 SOUTH 48TH STREET INSURER 8: AIG Specialty Insurance Company ' 26883 INSURER C PHOENIX AZ 85044 INSURER D! INSURER E : S Xxxxxxx INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: 14363484 REVISION NUMBER: xxxxxxx 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 POLICY NUMBER MWDDNYYY MMIDIDY E%P LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR NOT APPLICABLE EACH OCCURRENCE S xxxxxxx PREMISES Ea Docurrence S Xxxxxxx MED EXP (Any one person) S XXXXXXX PERSONAL & AOV INJURY $ xxxxxxx GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ xxxxxxx POLICY ,JECT FX LOC PRODUCTS - COMMOPAGG S XXXXXXX $ OTHER: AUTOMOBILE LIABIUTY NOT APPLICABLE I Ea aSclNE101 L LIMIT S xxxxxxx BODILY INJURY (Per person) $ xxxxxxx ANY AUTO BODILY INJURY (Per acodent) $ xxxxxxx OWNED SCHEDULED ' AUTOS ONLY AUTOS HIRED NO N OMEO AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per aCCldenl $ xxxxxxx $xxxxxxx UMBRELLA LAM OCCUR NUTAPPLICAL3LF: EACH OCCURRENCE $ xxxxxxx AGGREGATE $xxxxxxx EXCESS LIAR CLAIMSWADE DIED RETENTION S $ xxxxxxx l WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNELE7CECUTIVE NUT APPLICABLE STATUTE ER E.L. EACH ACCIDENT I $ xxxxxxx OFFICEWMEMBER ❑ (Mandatory In NHl EXCLUDED' NIA E. DISEASE - EA EMPLOYEE $ XXXXXXX E. L. DISEASE - POLICY LIMIT ' $ xxxxxxx If yyes, describe under DESCRIPTION OF OPERATIONS below A Professional Liab N N GLOPR 1601673 ' 10/1/2016 10/1/2017 $3.000,000 PER CLAIMIAGG A NO RETROACTIVE DATE INCLUSIVE OF COST'S 13 Contractors Pollution Liab CP08085428 10/1/2016 1011 12017 1 $3,000,000 PER LOS SIAGG DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is requiredI THIS CERTIFICATE SUPERSEDL•S ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER- APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. RE: PROJECT NAME U.S ENVIRONMENTAL PROCTECTION AGENCY BROWNFIELDS GRANT- APPL1CATTON(S) AND IMPLEMENTATION. STANTEC PROJECT # 1857. H ;gila12Lef_BIMaiLe1Se1RZ4 14363484 CITY OF BAKERSFIELD 1715 CHESTER AVENUE, BAKERSFIELD CA 93301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA fl 1988 015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Exhibit A REQUEST FOR PROPOSALS (RFP) U.S. Environmental Protection Agency Browntields Grant Application and Implementation Assistance CITY OF BAKERSFIELD 1 Jacquelyn R. Kitchen, Planning Director Community Development Department Planning Division 1715 Chester Avenue I Bakersfield, CA 93301 POSTED: October 14, 2016 DUE DATE: October 28, 2016 � T F m r V Q ORIGINAL 11101117 CC AGENDA PACKET PG 253 Page 2 of 12 EPA BROWNFIELQS GRANT RFP 1. GENERAL INFORMATION 1.1 Purpose The City of Bakersfield (City), through this Request for Proposals (RFP), is seeking a qualified environmental consulting or planning firm to provide assistance with: Securing United States Environmental Protection Agency (EPA) and other Federal or State grants for the assessment, cleanup, or redevelopment of Brownfield properties; and • Implementing an environmental assessment, remedial planning, community outreach, and other environmental or planning components of grants for which funding is secured. The focus of this contract is securing one or more EPA assessment grants as part of the annual EPA Brownfields Grants Program. This solicitation is being issued in part to comply with Federal procurement standards outlined in CFR §31.36 that are applicable to the hiring of consulting firms to assist communities with grants awarded by the EPA. Respondents to this RFP are specifically directed not to contact any City staff member other than the contact person indicated below. It is suggested that you send a single email inquiry if there are multiple questions concerning the scope of professional services required. Upon selection of the consultant, a City staff member will be assigned as the Project Manager as the main contact for project management, 1.2 Background Information Brownfields are defined by fhe EPA as: "Real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." The purpose of the EPA Brownfields Assessment Grant is to conduct Phase I and Phase II Environmental Site Assessments (ESAs) at brownfield sites located within Bakersfield, The objectives of the City may expand at a later date to include actual cleanup of individual sites targeted for assessment, depending on the future availability of funding. The successful consultant will bring experience and insight to a partnership with the City to obtain and implement these grants and explore other grants and brownfields initiatives as funds become available. The number and location of brownfield sites within Bakersfield are presently undetermined, and the economic impact of these sites has the potential to depress property values and hinder redevelopment of high priority areas. One O4,�, A K4'f'n U nQintmAl 11101117 CC AGENDA PACKET PG 254 Page 3 of 12 EPA BROWNFIELDS GRANT RFP outcome of the EPA assessment grants, if secured, will be to develop an inventory and other information related to these sites to allow for more effective planning by the Cify in furthering their assessment, cleanup if necessary, and redevelopment. 1.3 Type of Contract and Contract Terra The City prefers to award a Contract to one full- service firm to serve as a partner in obtaining EPA brownfield grant funding and then achieving the goals within the subsequent EPA Cooperative Agreement (CA) and Work Plan. The contract period will begin with the start of grant application activities (which should commence no later than the publication of the grant application guidelines - typically 60 days prior to grant due date) and continue through the subsequent implementation period for any successful grants. The contract period may be extended at the option of the City if additional grant funds are obtained. 1.4 Payment Procedures Payments for grant preparation services will be on a lump sum basis, as outlined below in the cost section. Payments for implementation of any successful grants will be made no more than monthly, for work specified and completed and in accordance with the budget developed and approved by the City and EPA. 2. TECHNICAL SPECIFICATIONS 2.1 Activities Required Under this Request for Proposals The City seeks a qualified consultant who is expected to provide a wide range of potential grant, assessment, and planning services. The scope of work is anticipated to include: • Assisting the City with the preparation of applications for the EPA Community -Wide Assessment Grants for Petroleum ($200,000) and Hazardous Substances ($200,000); • Providing assistance with revision and resubmittal of application(s) as part of the competition, if the one or more of the initial applications is unsuccessful; ■ Providing assistance with development of the EPA - required project work plan(s) for applications that are successful; ■ Preparing and maintaining schedules and budgets for assessment or cleanup activities; • Conducting site assessment studies and preparing appropriate technical reports required by the EPA and California EPA; ■ Conduct field investigations including sample collection and lab analysis; s � o ORIGINAL 11101117 CC AGENDA PACKET PG 255 Page 4 of 12 EPA BROWNFIELDS GRANT RFP • Interviewing neighboring property owners; • Evaluating cleanup options and risk assessment analysis and costs; • Preparing a written Quality Assurance Projecf Plan (QAPP) in compliance with EPA regulations; ■ Completing Phase I and Phase II ESA reports, site investigation reports, response action plans, and other environmental reports or plans required under the applicable California environmental regulations; • Providing project management, implementation, and technical Oversight; • Advising on environmental issues associated with land reuse and redevelopment; • Providing regulatory and financial information; • Attending meetings with City staff and advisory committees; • Preparing presentations to provide information about the project's progress; • Assisting with the development of a community -wide inventory of potential hazardous substance and petroleum brownfields sites; • Developing preliminary budget, financing options, and implementation plan for cleanup and reuse; • Completing contaminant characterization and risk assessments as determined necessary following Phase II activities; • Involving public and private opportunities for citizen participation throughout all phases of projects; • Conducting community outreach and public participation programs; • Implementing site specific cleanup or remediation; and • Assisting in redevelopment planning and market research as related to environmental site reuse. 2.2 Project Budget The budget for the initial EPA grant application assistance will be negotiated with the successful consultant. The total budget for each successful EPA Brownfield Assessment Grant is $200,000. The City and the successful consultant will develop budgets for assessment activities at individual sites as the project V � ORIGINAL 11101117 CC AGENDA PACKET PG 256 Page 5 of 12 EPA BROWNFIELDS GRANT RFP progresses as specific sites are identified for assessment. The budget for any future grants executed under this contract will be negotiated with the consultant if and when such funding becomes available. It is the City's discretion to use this contract for future brownfields grants beyond the initial EPA assessment grant application and implementation projects. 2.3 Project Management The successful consultant, under the direction from the City, will: • Work with the City in writing the text for each grant application; ■ Compile associated demographic data to bolster the grant application; • Assist the City with solicitation of letters of support from the State of California, Congressional representatives, and local stakeholders; • Review existing comprehensive plans as they relate to redevelopment within Bakersfield and specific site reuse; • Facilitate community outreach activities as needed to enhance the grant application; and ■ Coordinate any necessary activities with EPA Region 8 staff for EPA grant(s). 3. PROPOSAL REQUIREMENTS 3.1 General Expectations Consultants are asked to submit concise proposals describing their capacity and success within the EPA Brownfield Grant Program as well as their ability to manage and implement these types of grant - funded projects on behalf of local units of government. The proposals should include a clear outline of how the firm would help the City in preparing successful grant applications as well as the firm's ability to fully and effectively meet the requirements of assisting with implementation of grant(s) secured. Any clarification or questions regarding this proposal shall be submitted in writing or via email to one of City staff members below; clarification will be provided within two (2) business days (phone calls or in person visits will not be accepted). Cecelia Griego Principal Planner Community Development Department City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 cgriego@bakersfieldcity.us � T r- m U ORIGINAL_ Page 6 of 12 EPA BROWNFiELDS GRANT RFP 3.2 Proposals Proposals should be prepared on standard size paper and limited to ten (10) double sided pages, exclusive of a maximum of five (5) resumes, limited to two (2) pages each. Standard advertising brochures should not be included in the proposal. Proposals shall include the following information in the following order: Business Organization. Include the firm's name, areas of expertise, brief history of the firm, size, office locations, and business addresses. In addition, the section shall include the name, address, and telephone number of a contact person and prospective project manager. Management Outline and Project Approach. A description of the project and how the consulting firm will work with the City in preparing a successful EPA Brownfields Assessment Grant applications; and subsequent implementation of said Brownfields grants. This section shall include the applicant's approach to grant preparation, community outreach activities, planning, organization, and management. Provide a list of proposed key personnel as well. Experience and Capabilities. The relevant management and technical experience and capabilities of the consulting firm shall be defined with respect to the following activities related to implementation of any successful grants. A. Project Experience of Key Personnel: ■ Prepare successful EPA Brownfield Grant applications; ■ Conduct Phase I and Phase II ESAs; ■ Conduct environmental investigations and cleanups; ■ Conduct environmental activities relating to plant deactivations; • Implement EPA grant funded projects performed on behalf of local units of government; ■ Outline development/redevelopment experience and market feasibility research; ■ Conduct redevelopment planning and community involvement activities related to brownfields properties; ■ Perform environmental inventories utilizing GIS in conjunction with EPA brownfields grants; and ■ Identify other areas of expertise relevant to the project (optional). kgAfCF9 a sT � r v a .. r 111111 A I 11101117 CCAGENDA PA CKET PG 258 Page 7 of 12 EPA BROWNFIELI]S GRANT RFP B. Regulatory and Scientrfic/Technical Knowledge: ■ Federal and State environmental grant programs; EPA environmental and other Federal laws and regulations; OSHA and other health and safety rules or requirements; and • ESAs, brownfield projects, and contaminated site remediation. C. Cost: Provide a lump sum cost to prepare an EPA Community -Wide Assessment Grant for Petroleum Brownfields in the amount of $200,000 and a separate application for Hazardous Substance Brownfields in the amount of $200,000. This should include and itemize grant preparation fees and any applicable success fees for each respective grant application. In the event one or both of the grant applications are not successful the consultant shall provide a lump sum cost to participate in a debriefing with EPA and prepare a resubmittal of any unsuccessful grant applications. The consultant shall also provide a current fee schedule including staff that would likely be involved in the grant implementation, the prices on which shall be fixed for a period of not less than twelve j 12j months. All representative project descriptions provided shall include the location of the project, the name and phone number of a knowledgeable contact person, and other pertinent information. The City may contact said persons to check on past performance records. The selected consultant will be required to assume responsibility for all services offered in the proposal, including any services provided by subcontractors. Further, the City will consider the consultant to be the sole point of contact in regard to contractual matters, including payment of any and all charges resulting from the contract. The consultant is responsible for adherence by the subcontractors to all provisions of the contract. 3.3 General Process The City will review and evaluate the proposals based on the following criteria: successful track record in obtaining grant funding; expertise related to relevant project component; firm and staff experience related to brownfields assessment, cleanup and redevelopment planning; project approach; familiarity with local communities; abilify to facilitate public outreach activities; demonstrated ability to provide comprehensive and innovative environmental services; and cost. h- r V � 11101117 CC AGENDA PACKET PG 259 Page 8 of 12 EPA BROWNFIELDS GRANT RFP 3.4 Terms and Conditions The City reserves the right to accept or reject any or all proposals or portions thereof without stated cause. The City reserves the right to re -issue the RFP or cancel the RFP if none of the proposals are deemed satisfactory to the City. Upon selection of a finalist, the City by its proper officials shall attempt to negotiate and reach a final agreement with the finalist. If the City, for any reason is unable to reach a final agreement with this finalist, the City then reserves the right to reject such finalist and negotiate a final agreement with another finalist who has the next most viable proposal. The City is not bound to accept the proposal with the lowest cost, but may accept the proposal that demonstrates the best ability to meet the needs of the City. The City reserves the right to waive any formalities, defects, or irregularites, in any proposal, response, and/or submittal where the acceptance, rejection or waiving of such is in the best interests of the City. The City reserves the right to disqualify any proposal, before or after opening, upon evidence of collusion, intent to defraud, or any other illegal practice on the part of the consultant. The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal received. The City reserves the right to select the proposal or proposals which, in its sole judgment, best meet the needs of the City. Pursuant to Section 4526 of the Government Code, the selection shall be made on the basis of demonstrated competence and on the professional qualifications of the applicants and at a fair and reasonable price to the City. 3.5 Public Information Information supplied by the consultant to the City is subject to the California Public Records Act. Such information shall become public, unless it falls within one (1 ) of the exceptions in the statute, such as security information, trade secret information, or labor relations information. If the consultant believes any information, which is not public will be supplied in response to this RFP, the vendor shall take reasonable steps to identify for the City what data, if any, it believes falls within the exceptions. If the proposal data is not marked in such a way as to identify non - public data, the City will treat the information as public and release it upon request. In addition, the City reserves the right to make the final determination of whether data identified by the consultant as not public falls within the exceptions within the statute. 3.6 Proposal Time Schedule The timeline for completion of this RFP includes: October 14, 2015 Formal announcement date for RFP k ,,N K4 }' m U � ORIGINAL 11101117 CC AGENDA PACKET PG 260 Page 9 of 12 EPA BROWNFiELDS GRANT RFP October 28, 2016 Deadline for submittal of proposals November 4, 2016 Proposal evaluation is completed November 16, 2016 City Council consideration of the award 3.7 Notification of Award The City Council will consider selecting a consultant on November 16, 2016. Should either party fail to execute a contract within thirty (30) days of notification of award, the City reserves the right to rescind the award and select services from another interested firm. 3.8 Number of Proposals to Submit; Deadline Mail, and Hand Deliver Addresses One (1) original and five (5) copies of the proposal must be submitted by 5:00 p.m. PST on October 28, 2016. The mail and hand delivery address is: Cecelia Griego Principal Planner Community Development Department City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 3.9 Late Proposals The City will not consider proposals received after the deadline. 4. VENDOR REQUIREMENTS 4.1 Contracting With Disadvantaged Business Enterprises The EPA awards a fair share of contracts to disadvantaged business firms. Accordingly, affirmative steps must be taken to ensure that disadvantaged businesses are utilized when possible as sources of supplies, equipment, and services. The City will ensure, to the fullest extent possible, that at least the EPA "fair share" objectives for prime contracts and subcontracts are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and historically black colleges and universities. The consultant shall agree to support the EPA's disadvantaged business enterprise contract procurement program ensuring those businesses' participation in subcontracts. Affirmative steps include the following as a minimum: Include qualified disadvantaged businesses on solicitation lists; s � m � o [sI6iffliff.1m Page 10 of 12 EPA BROWNFIELDS GRANT RFP • Ensure that disadvantaged businesses are solicited whenever they are potential sources; • When economically feasible, divide total requirements into smaller tasks or quantities so as to permit disadvantaged business participation; • Where the requirement permits, establish delivery schedules which will encourage participation by disadvantaged businesses; • Use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce, and the Community Services Administration as required; and • Consultants are encouraged to procure goals and services from disadvantaged businesses. 4.2 Equal Employment Opportunity The consultant agrees to comply with all federal, state, and local laws, resolutions, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual preference, disability, or age. When required by law or requested by the City, the consultant shall furnish a written affirmative action plan. 4.3 Indemnification and Insurance The selected consultant will be required to obtain and maintain insurance as a condition of the award of this agreement, and the consultant's proposal shall state that the consultant shall obtain the following in accordance with the terms of the agreement: ■ Professional liability insurance, providing coverage on an occurrence basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) per occurrence; • 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; Broad form commercial general 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 o g AKE9`sn }- m t r 0 Q ORIGINAL 11101117 CC AGENDA PACKET PG 262 Page l 1 of 12 EPA BROWNFIELDS GRANT RFP • 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. Except for professional liability, the liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. Insurance is to be placed with insurers with a Bests' rating of no less than ANIL This requirement may be waived at the City's sole discretion. Except for professional liability, all policies required of the Consultant hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self- insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non -awned and hired autos. The liability policies shall provide contractual liability coverage for the terms of this Agreement. 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. The insurance required under this Agreement shall be maintained until all work required to be performed under the terms of this Agreement is completed to the City's satisfaction. The Consultant shall furnish the City Risk Manager with a certificate of insurance and, if requested, copies of endorsement or all insurance policies evidencing the insurance required under this Agreement. Any deductibles, self - insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this agreement of Consultant, must be declared to and approved by the City. However, unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if the City has approved lesser insurance requirements for Consultant. Consultant shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph. All costs of insurance required under this Agreement shall be included in the Consultant's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. If consultant fails s rn � r U Q 11101117 CC AGENDA PACKET PG 263 Page 12 of 12 EPA BROWNFIELDS GRANT RFP to maintain adequate insurance coverage as required by the design contract, then the City of Bakersfield shall have the right to terminate the consultant's contract. O��A�E9T M L) ORIGINAL H Exhibit B Proposal for U.S. Environmental Protection Agency Brownfield Grant Application and Implementation Assistance ' a October 28, 2016 1 COPY 11101117 CC AGENDA PACKET PG 265 1 ECEIVE ' S }A ntec Stantec Consulting Services Inc. ROCT � Lq 5500 Ming Avenue, Suite 3DO I Bak ®rs[ieid, CA 93304 z $ 20 ' 0 C ),= to;it 2i, Ll i C17Y OF BAKERSFIELD C' PLANNING DEPARTMENT ' Cecelia Griego, Principal Planner Community Development Department City of Bakersfield ' 1715 Chester Avenue Bakersfield, CA 93301 ' {e h:'1oi..,l U.S. Environmental Protection Agency Srouvnfields Grant Application and Implementation Assistance Request for Proposals (RFP) ' Dear Ms. Griego, We're active members ofthe communities we serve. That's why at Stantec, %k e idol aysdosiym with co n i t Li u n i t.v ill inind. ' Gri -:it 111.3C'o 6fillt,li35i 1l;tpp, ?13 - -ihi,y s- t'- h,sr11 f)HlL.,uLOlJtful v- i:,+•+11;3nri intelIigrnt pl: li >>ei11}. Our team is eager todojust that. We look forward to cc 11abo rat i ng with the City of Bakersfield on this exciting opportunity to secure and effectively utilize Environmental Protection Agency (EPA) Brownfield Grant funding- ' VV!kyc11;�')�: St c,tlt.I:Iol (llivs�},p[ rtt�aliLy'; We translate market potential into achievable vision with strong co mmu nity b uy- i n that lead to full -scale implementation - Additionally, we provide nationally - recognized expertise combined with local understanding and experience in the co inmunityto ensure you receive maximum benefit from these grants- i I I I I I Cur team provides niche local design, land use planning, and public involvement expertise. We believe we are the best team to serve your needs oii this project for many reasons, most critically: LL e 4.lvo lit) 11 ;:1 Lt gl :l lit t xl,:,1t i.5 - In the past five years alone, our US West Grants Team has assisted with more than 38 successful EPA Brownfield Grants totaling $8.3 million, including ongoingRegion 9 projects for the City of Lodi, California and Clark Ccunty, Nevada- Nationally, we've implemented snore than 100 EPA and state brownf eld grants including back -to -hack National Brownfield Renewal Economic Impact Award recipients- WV. t11)d -_ 1. rt.iI1Ei t! 1i• Ci ty'� ii:;r - if ti. With 126 employees in our Bakersfield office, our stafl'has completed dozens of site investigation and cleanup, planning, permitting, and restorative projects throughout Bakersfield and the Central Valley. We have strong experience work ingclosely with the California Central Valley Regional Water Quality Control Board and the Depart ment of Toxic Substances Control. We also recently met with Cityplanning staff to gain an understanding ofpotentiat sites and focus areas. our team's experience means we will leave zero start -up time to initiate the project.. li L. :i11ti:, L, 1, t I i > i i -ik We believe so strongly in our ability to efficiently assist in securing this funding that we are submitting a $0 fee proposal for grant application assistance. Should you have any questions regarding this submittal, please contact us at your convenience. Sincerely, Stantec Consulting Services Inc, Matthew Baffin Project Manager, Associate Scientist (916) 472 -3987 matthew.battin(q: stantec.com Design with community in mind Kevin Malamma Local Liaison, Senior Land Use Planner and Environmental Permitting (661) 396 -3770 kevin.matarnina:a stantec -corn ❑IQ�����T r r rnotC_IAIAI Proposal for 115 Ewironm en tal Notet*on Age Cy BrawnfielcS Gr qnl App he otior. end IM orem enlofi on Assislance What's Inside I 7 I n I CoverLetter ' ................................................................................................... ..............................1 Business Organization .............................................................................. Management Outline Project Approach... ..............................3 A ' and ... -- ...... .......................................... Experience and Capabilities.- .... ... - ..... ---- .............. ....... ..................................... 10 ' Cast................................................................................................................. .............................17 AppendixA: Resumes .................... ...........,.............................................. ........................... 18 ' Appendix B: Indemnification and Insurance .............................. .............................27 I I 0 I I I I I I I I I Business Organization We are active members of the communities we serve. That is why at Stantec, we always design with community in mind. The Stantec community unites more than 2 2, 000 employees working in cver400 locations. We collaba rat e across disciplines and industries to bring buildings, infrastructure, and energy and resource projects to life. Our work — professional consulting in environmental science, planning, architecture, engineering, surveying, project management acid project economics -- begins at the intersection a f c o in mun ity, creativity, and client relationships. From St ant ec's inception in 1954 as a one - person environmental services firin founded by Don Stanley --the first Canadian to earn a PhD in environmental engineering — the Stantec community has grown to include more than 2,600 environmental professionals covering 20 technical specialties. Our offices in Bakersfield, Fresno, and Sacramento include more than 300 professional engineers, registered geologists and support staff with demonstrated expertise in assessment, cleanup, and redevelopment of Brownfield sites throughout California. Our local strength, knowledge and relationships, coupled with our world -class expertise, have allowed us to meet our clients' needs white advancing the quality of life in local communities. We provide nationally- recognized expert ise to support Brownfield redevelopment projects, including grant application assistance, grant management and reporting, public involvemetit planning, environmental site assessment (ESA) and remediation, infrastructure engineering, architectural design, real estate strategy, and redevelopment planning. We develop comprehensive, long -terns redevelopment programs, leveraging grant funding to tran sform brownfueIds from liabilities to connnunity assets. Stantec Local Office Stantec Consulting Services Inc. 5500 Ming Avenue, Suite 300 Bakersfield, CA 93309 -462 7 Phone: (6 61) 396 -3710 Visit our web site for our national and international office locations: http11www.stantec.com/ about -tes /off ice• locations. h tm l Project Manager and Of£tcia8 Authorized to Bind Stantec Matthew Bat-tin, Project Manager, Associate Scientist 3875 Atherton Road Rocklin, CA 95765 -3716 Phone: (916) 472 -3987 3lonlec Cogsulting Ser vi ces Inc As demonstrated throughout this proposal, our existing knowledge of local envinarunental conditions and track record of successfully securing and implementing EPA Brownfield Grant funding, provide us with unparalleled expertise far preparing a competitive application and effectively managing project implementation efforts. With a background in hydrology and environmental science, Matthew has more than twelve years of environmental ccnsul tin gexperienoe, support ing petroleum and hazardous materials assessment and remediation projects across California. With his demonstrated project management skills, he has the ability to manage multiple projects siniultaieouslywhile assigning tasks, managing budgets, deadlines and project quality, as well as client and regulator communications. Matthew is also the Project Manager on implementation of an EPA Brownfield Grant for the City of Lodi and has and supported efforts to secure other EPA Grants on behalf of various cainmuu tit ies in the West Coast. Matthew will be supported by Stantec's Senior Brownfield Grant Specialist Chris Gdak who has contributed to more thmi 30 EPA Brownfield Grant projects and helped secure over SS-3M in EPA Brownfield Assessment Grant funding since 2012. Claris will provide expert -level review and QA/ QC oversight for compliance with evolving EPA standards throughout the grant application /implementation process. D it ring p roj ect iniple nientatio n, Stantec will employ subcontractors to support ESAs, including Iaboratory analytical, drilling, excavation, and other services required to complete site assessment and reuse pIaining activities. To the extent possible, we will utilize area subcontractors to maximize local experience and minimize mobilization costs. We also utilize relationships witli national service providers to provide ecanoniy of scale discouunts oil certain commodity services. Contracting with DBEs Stantec is an equal opportrrnity employer. We will comply with local, state, and Federal laws regarding urdawful discrimination, EPA fair share objectives, and the six "good faith efforts' as defined under 40 CFR, Part 33, Subpart C. We frequently partner with woman and minority business enterprise (WBE /MBE) subcontractors f'or field- related and laboratory analytical services. Our relationships with Disadvantaged Business Enterprise (DBE) firms throughout California will help ensure that we meet or exceed EPA's DBE goals for this project. r v _ CT PIG 268 Pro powl `or U S Ery Ir❑nrn er t01 Pio'zcl ion Agency Brow rifelct Gror r! Apfril c otron and Im plernentafin r l Ass str7 ri ce Management Outline and Project Approach MC)I1(-) C7E.'rTIc.'I 11 l llr...:(--.- We have assembled a team of highly yualified profess ionals to achieve your project goals. The organizational chart presented below illustrates how aurteam will be organized and managed to achieve p raj ect goals. Dar team has been selected based on relevant experience and proven capabilities. We have also considered each team member's time commitments and availability to perform their assigned tasks. d California Water Resources Control Board; Califomia Department of Toxic Substances Control Brownfields Advisory Committee US EPA Region 9 City of Bakersfield Stantec Consulting Services Inc Matthew Boltin Chris Gdak Project Manager Kevin Malamma Sr F rnv: ntield C;rclnt Snecic7isY Loco' Liciscr; Grant Application Grant Implementarfion I • Matthew Baffin • Andrea Pedersen 1. I Protect Reporting t Community Inventory Phase I and II SRO- specific Clean Up/ Outreach and Environmental Reuse Plonning and and Reporting Public Involvement and and Pdvriiixalian Site Assessment% Arva -Wide ftnnfng * Matthew Baffin • Matthew Baffin ■ Matthew Baffin • Matthew Battin • Matthew Baffin ■ Chris Gdok * Chris Gdak • Chris Gdok * Chris Gdok * Kevin Molommo • Joe Neville ■ Amanda Magee • Kevin Molommo ■ Kevin Malammo * Steve Strait * Elias Rashmawi ■ Hubert 5wifaIski i i i i i i i i I U,sl of Key Person mel 1 e— Matthew Baton G— Amanda Magee, P.G. ' hrnfirs:;iulla.l {:;e•�Ill��itil. Professional Geologist #8908, California Board for Professional Engineers, Land Surveyors, and Geologists ' 15- years of professional experience as a geologist conducting Phase I and II Environmental Site Assessments ' &; Elias Rashmawl Senior Brownfield 0- r.i lit Spf:t:ialk' 30 years of land development, brownfieId restoration, and ' complex program and construction management Expertise: multiple development elements, spanning master planning, funding, entitlement, permitting, and ' construction Assisted in securing nearly $300 million in federal, state, and local funds ' C;;- Kevin Malamma 1,0{'31 1,iFlh0$L S'C'11i0!' LcMd I15 ?' ViA III It i <l10.' 1•.lIL'E1'[)l1Ili.`.']lt: 11 l�F'1'li7li Yltl S, 35+ years of experience preparing environmental permits and documents, and regulatory auditing and compliance ' Kevin has a local presence and has experience collaborating with the City on numerous projects I StMtec COML11 ing SO N lCeS 4V-- ra it ije'F.'t h'1.3 il:l yF'.1', 11,14,6 it tf- ':1['.1i'. 11 tl tit r 12- years of environmental consulting experience ' Currently managing implementation of a 5400,00 EPA Brownfield CWA Grants awarded to the City of Lodi, California in FYI (3;- Chris Gdak S 1 tipc(:ialist 15+ years ofbro wit fieId grant experience Chris has assisted with all facets of more that 130 EPA Brownfield Gralit application and implementation projects ' in nine states covering EPA Regions 5, 8, 9, and 10 Since 2012, Chris helped secure over SUM in EPA ' Brawnfield Assessment Grant funding G— Amanda Magee, P.G. ' hrnfirs:;iulla.l {:;e•�Ill��itil. Professional Geologist #8908, California Board for Professional Engineers, Land Surveyors, and Geologists ' 15- years of professional experience as a geologist conducting Phase I and II Environmental Site Assessments ' &; Elias Rashmawl Senior Brownfield 0- r.i lit Spf:t:ialk' 30 years of land development, brownfieId restoration, and ' complex program and construction management Expertise: multiple development elements, spanning master planning, funding, entitlement, permitting, and ' construction Assisted in securing nearly $300 million in federal, state, and local funds ' C;;- Kevin Malamma 1,0{'31 1,iFlh0$L S'C'11i0!' LcMd I15 ?' ViA III It i <l10.' 1•.lIL'E1'[)l1Ili.`.']lt: 11 l�F'1'li7li Yltl S, 35+ years of experience preparing environmental permits and documents, and regulatory auditing and compliance ' Kevin has a local presence and has experience collaborating with the City on numerous projects I StMtec COML11 ing SO N lCeS 4V-- Proposal ror U 5 E r'vlr onr•r enlal Pro leclion agency grown Me Icts Grpnl Apoilca +ion and IMpl em enroll on AS 5ls!o nr-e PrCJJE',ct ApprDr -_1C:h Understanding We approach brown-fields as revitalization opportunities, not costly cleanup projects. We let redevelopment plans guide the assessment and cloanup process to leverage efficiencies and produce effective plans and strategies that deliver trarnsformational results. To get started, we will help you secure EPA Brownfield Graint funding. With our team's track record and local experience, we are confident we can submit compelling grant applications that will maximize the chances of being awarded. Once funded, we will provide technical assistance to re ady o ppo rtu ni ty sites acid focus areas for redevelopment. Wewi9 work with you to inventory, assess, and conduct cleanup/ reuse planning of priority sites in support of the community's established revitalization goals. We will also conduct Area -Wide Planning (AWP) activities in faces areas identified by the City, leveraging EPA funding for infrastructure an alysis, nnarkeI research, transportation studies, community visioning exercises and other planning activities. Throughout the process, we will lielp you identify other sources of funding to move sites from assessment to cleanup and redevelopment- Additional details regarding our approachi far each proposed task are provided in the following sections. Grant Application Services Our approach t grant writing is unique within the industry, and the results are evident. Since 2012, we have assisted with 38 successful EPA Brownfield Grant applications in the western U- S- alone, totaling $8.3 million- Applications are pre pared by an experienced lead grant writer and enitariced with support from team members with diverse and specialized technical skill sets, such as historic research, dentagraphicf economic health data - mining, environmental inquiry, and public involvement plamning. We collaborate across EPA regions, sharing information and insights among grant writers throughout the US, Senior stafl'provide expert - level review and help ensure that grant applications align with evolving EPA standards. Stan tea will prepare a single application for $300,000 of EPA Brownfield Community -Wide Assessment (CWA) Grant fundinng ($1$0,000 for hazardous substances and 5150,000 for petroleum i nip acted sites). The application will be prepared by a seasoned team af grant - writ ers at rro cx.r5t to the City, incorporating the proven strategies described itn the following sections, � m ORIGINAL 11101117 CC AGENDA PACKET PG i i i i i i I I I I I I 7 I r. I I We will identify demographic data tliat demonstrates community need. Where feasible, economic data will be collected to the census block group level to demonstrate increased rates of economic distress amongst neighborhoods impacted by brownfie Ids . We will complete apreliminary iinventoryofbrownfield sites as part of the grant application to demonstrate need and secure maximrun funding. We will research local state, Federal, and historical databases to identify and characterize docu mented or suspected brownfield sites; provide detailed information on select, high priority sites, including site history and ongoing impacts, identify lost opportunity costs, including effects on local property value; shows areas of community exposure to contaminants; and provide other compelling information as needed. We will document the health impacts of brownfields onIocal residents by working with county and state health departments to find data that can be credibly related to environmental conditions or exposures, such as lead poisoning, asthma, and cancer; and demonstrate the benefit of assessment and eventual cleanup. We will identify and quantify direct and indirect financial impacts from brownfield sites acid provide specific, compelling examples or statistics. We will qu ant ifyIost opportunity costs to demonstrate financial impacts supported by actual figures and docum ent cc sts to maintain derelict properties, respond to crime and Fires in vacant buildings, and other ongoing financial burdens. Developing a strong and focused scope ofwork is key to a successful grant application. We will work with you to develop a project designed to address your specific needs. We will develop detailed task descriptions, tailored to meet your redevelopment goals and define specific outputs. We will develop detailed cost estimates fareach project task and quantify anticipated in -kind donations of your staff time as a voluntary match contribution. We will develop cohesive applications, fully integrating featured communities, target sites, and desired outcomes. To score well, community-based organizations (CBas) must have clearly defined roles, identify specific financial or in -kind contributions, an d demonstrate participation in community meetings during the grant applicationp roe ess. Sfon'ec Consu l}I rxq Sor vic es Inc Instead of boilerplate support letters, C B 0 letters must illustrate how identified brownfield sites impact the community. By demonstrating the correlation between blight and need, C B 0 s can help tell a complete and compelling brownfields story. We will help you secure early participation from partner organizations and other community stakeholders, such as property owners, businesses, and developers, ensuring that key demographic groups are represented. The roles of these groups will be clearly defined in the grant application and letters of support. In addition to the strategies noted above, we will help ensure that each section meets all EPA requirements and addresses reviewers' key points of concern, helping you craft complete and compelling applications. We will link anticipated project benefits to exist ingccmmunity initiatives and planning processes, quantifying these re suits wherever possible, and relating proj ec te d o ut comes to the economic, enviromnental impact, environmental justice, and other issues discussed throughout the applications. EPA Grant Implementation Services Our team develops comprehensive, long -terns redevelopment programs for communities of all shapes and sizes, leveraging grants and other funding strategies necessary to advance sites and focus areas toward redevelopment. We will calibrate our overall ap p roac li w ith your ongoing short- and long -term redevelopment obiectives, continually tailoring the scope of work to achieve the desired outcomes for each individual. task. The project will meet EPA requirements, while providing flexibility to respond to redevelopment opportunities, public input, and evolving City priorities. Throughout the implementation process, we will identify opportunities for additional funding and lay the groundwork For subsequent EPA and state assistance. We will also incorporate reuse planning activities to unlock developer interest and attract private investment. Stan tee is currently supporting grant managementand reporting for 40 EPA Brownfield Grants. Upon award. we will help you efficiently complete administrative requirements to establish a Cooperative Agreement (CA) Work Plan and other required CA docurnents. This work will also be completed at t io r ciL, [ as an extension of our grant application services. Throughout the thre e -year grant term, We will draw upon our experience and existing templates to help you efficiently prepare all EPA - required financial and technical reports. } rn U ❑ ORIGINAL Proper d for U 5 Em+IronmFnlaI Pr ole cion Agency BrowRHelds Gldnl Applicollon orto Impl am anlo rl on As slrvnce Success ofbrownfield redevelopment is measured by client results and community support. Sustained outreach to the full range c stakeholders help ensures the redevelopment process concludes with strong community backing. An effective public information campaign will build community excitement and encourage reinvestment. We will work with the City staff to draft communication material such as press releases, prepare project information sheets, and design web site materials compatible with the community's vision and that augment your existing public information image. To help ensure meaningful public input, we recommend establishing a Brownfield Advisory Committee (BAG), comprised of property owners, aeighborhood groups, developers, and other stakeholders. Our team will help coordinate and conduct BAC meetings and other public information events, ensuringoutreach efforts include those who live and work in brownfield- impacted areas, as well as sensitive populations such as minority, aging, disabled, and low- income residents. We will work with you to build a comprehensive inventory of brownfield sites and to prioritize sites and focus areas that have the greatest opportunity to provide short- to mid -term community benefit s. Prioritization criteria will be established via a collaborative process involving the City and other stakeholders and may include the following factors likelihood of envirolmental impact:,; potential risk to human health and the environment; site eligibility; owner support; community support; redevelopment interest potential; and financial feasibility. The inventory process will be coordinated with Iocal City and County geographic information system (0 1S) departments, and data will be produced in a manner that will interface with existing resources so that the inventory can serve as a long- terming plaruiing tool. The inventory task also provides an opportunity to acquire historical reference materials to identify and assess brownfield sites and potential environmental concerns. For example, historical neaps can be acquired in a geo- referenced, non - copyrighted digital format that can he integrated as one or more layers within the City's G I S to aid in fit ttire planning activities. •hose l ESAs Stantec It as complet ed more than 100 EPA - funded Phase I ESAs. We will conduct Phase I ESAs for multiple petroleum and hazardous substance brownfield sites as identified and prioritized by the City, incorporating the following standards: St ant ec prepares site eligibility determinatioit (ED) requests for approval by EPA and California State Water Resources Control Board (SWRC8, for petroleum sites). We also help collect information necessary for compIiance wit h Endangered Species Act, Section 7 and National Historic Preservation Act (NH PA) , Section 106, as applicable. We strictly adhere to ASTNI E1527 -13 and the All Appropriate Inquiry (AA 1) Rule. We align ESAs with anticipated near -term real estate transactions so that assessments are current at transfer of title, eIiminatingneed for Phase I ESA updates. Our Phase I ESA reports include site maps with GIS coordinates identifying historic and present -day environmental concerns. The maps can be subsequently adapted for use in Site• Specific Sampling and Analysis Plans (SSSAPs) re quired for Phase II sites, producing superior reports as well as time and cost savings. EPA requires that an approved Quality Assurance Project Plan (QA PP) be in place before Phase II ESA activities are completed. Dur QAPP template rneets all current EPA requirements and has been reviewed and approved by the agency. The template can be efficiently adapted to your project to help ensure cost savings and accelerated EPA review and approval, allowing quick response to inmtediate or time - sensitive redevelopment opportunities. EPA also requires SSSA Ps. and Health and Safety Plaiis (HASPS) for all sites where Phase II ESAs or other environmental testing is performed. We've developed templates to efficiently prepare quality documents in accordance with all EPA requirements. Stantec has completed more than 100 EPA - funded Phase IIESAs. We understand that Phase II ESAs conducted as part of a CWA program have different objectives than studies performed only to gain regulatory closure at a site where theme are no redevelopment plans. Fu tit re development often offers opportunities to reduce site clean -up costs by incorporating constr uctiou design in the chosen remedy, such as strategically locating parking lots to cap contaminated soil. Therefore, we always consider reuse plans when determining appropriate ESA strategies. We will conduct Phase II ESAs for high priority hrownfieId sites, as identified and prioritized by the City. For sites with limited environmental liabilities, Phase I/II ESAs may be sufficient to meve a site to transaction -ready status. Removing unc ert a inty wil I often allow the private market to take aver without further public involvement or assistance. m Q ORIGINAL 11/01/17 CC AGENDA PACKET i i i i i z� I i I I' L_ 0 I [I. -IeonuplSite- Soe =if.•- ReusF Fi,rnni:�� At sites found to have significant environmental impacts, and where enginee red barr•ier•s and /or institutional controls are infeas ible or insufficient as sole remedies, we develop Remedial Investigation /Feasibility Studies (RI/ FS), Analysis of Brownfield Cleanup Alternatives (ABCA) and /or Cleanup Action Plans (CAPS)- Where feasible, we. incorporate cleanup activities into redevelopment plan s to expedite delivery, save our clients' money, and turn liabilities into assets. We have experience planning and implementing site remediation projects that utilize a broad range of environmental cleanup technologies and meet EPA, SWRCS, and County /local regulatory cleanup standards. Our team will ccnduct environmental cleanup pI arm ing at select priority sites- This may include establishing site- specific cleanup levels and other state /federal regulatory requirements, evaluating institutional and engineering controls, developing an ABC A, and preparing detailed site- specific remedial aotion/c le anup plans. When co ns idering c leanup options, we address implementation costs, available funding, developer expectations, and reuse plans. By preparing cleanup plans, along with cleanup cost estimates, we can produce grant -ready sites, potentially eligible for EPA and /or SWRCS cleanup and redevelopment fursding. In cases where redevelopment has been stalled by uncertainty regarding cleanup costs, scheduling impacts, and site redevelopment constraints, removing the se unknowns can result in deal -ready and shovel -ready sites- Arc•7 Wide Pirinnlna (Awe P) Our team incorporates infrastructure analysis, land use planning, market research, and real estate strategy with cleanup plmis to create asp i ratio nal - and achievable -- plans, grounded in the realities of market, culture, and place, with specific experience performing site - specific reuse and AWP as part of EPA Brownfield Grants- Our multidiscip lin a ry approach eliminates impediments to redevelopment and moves projects forward. We utilize AWP funding as an additional too! to fund cammunity revitalization efforts alangcorridors or in priority redevelopment areas that contain multiple brow nfeld sites- Because environmental liabilities are typically only one obstacle to revitalization, we address challenges such as stI) rmwater management, Outdated or poorly located roads, and other infrastructure issues on an area -wide level. s!onlec Crin5r dl +ng Services Inc s '- m � r V � ORIGINAL 11101117 CC AGENDA PACKET PG 274 P. oposa for U 5 Erk —oci mental Prole Ilion Agency &ownOel ds Granl Apol is ol'oa anti Imple menia!:on ARIstance Experience and Capabilities We understand the complexities associated with brown fie Id redevelopment. We appre ciate the financial, legal, and environmental challenges related to these sites and leverage the expert ise of a n Lilt idisciplinaryteam to help reshape them. Our team offers interdisciplinary services in planning, landscape architecture, real estate Strategy, environmental science, civil and environmental engineering, public involvement, and related disciplines. Together we create a responsible fit between physical site conditions, public expectations, Fiscal requirements, and environmental constraints. The following sections include examples of our team's relevant project experience. References are provided for ail projects completes! by Stantec. References for projects completed by staff prior to joining Stantec are available upon request" During the last five years, our grant team has helped communities secure 38 EPA CWA and AWP Brownfield Grants totaling $8.3 million. Our US West team is currently implementing 40 CWA grants and 1 AWP grant. A summary ofour US West EPA Brownfield Grant projects is provided on page 15. Project descriptions and references for select projects completed by Stantec are included throughout this section" Cily of Lodi FPA S,,_ vnnhuid `CWA Tcri�iz { '.�A Aspart of the Fiscal Year (FY) 2015 grant competition, Stantec team members Chi-is Gdak and Andrea Pedersen helped Lodi secure $400,000 of CWA grant Funding to phut the restoration and revitalization of the downtown core, including the Union Pacific Railroad (UPRR) Corridor on the east side of the City" Stantec Project Manager Matthew Batt in is currently overseeing the project. Services completed to date include preparing the srtccessfulgrant application, Cooperative Agreement Work Plan, comp rehettsive QAPP, conducting a City -wide b row n fie ld inventotyand site prioritization process, fac i I i ta t ing two Brownfield Advisory Committees (BACs) and meetings and preparing community outreach materials. Reference. Joseph Wood, Neighborhood Services Manager, City of Lodi Community Development Department, (208) 333 -6800 Clerk C::;rrn'y. Gr'A CV:A Grcrn!c I rJ'v Stantec staff are currently implementing a $500,000 EPA Brownfield CWA Grmit on hehalfofClark County and its coalition partners the City of Las Vegas and Regional Transportation Commission of Southern Nevada. The project study area is the Maryland Parkway Corridor, a six - mile arterial corridor that connects the McCarran Airport with downtown Las Vegas. Stantec was awarded the project through acompetitive RFP process in 2016. During the first five months of the project, we completed: l) two public outreach events, 2) abrownfteld inventory of the study area, 3) a Master Quality Assurance Project Plan, and 4) two quarterly progress reports. We are currently preparing eligibility determinations, ESA and N14PA consultations, and SSSAPs for two properties where re gulated building materials (asbestos and lead paint) assessments and Phase II ESAs are planned. Reference. Mike Popp, Senior Planner, Clark County, (702) 455 -2312 C - fy Sp-D1une. EPA t'f0- ,vr!fi ai':1 ( -t;, A �i'.,j1-pq j l•'+4 As part of the FY 2015 grant competition, Stantec team members Chris Gdak and Andrea Pedersen helped Spokane secure $400,000 of CWA Grant funding to assess multiple brownfiield sites within tlie 534- acre Hillyard Industrial Area, located along the BNSF railroad tracks northeast of Spokane's historic Hillyard Neighborhood. We prepared a successful grant application, supported community outreach, initiated site inventory and prioritization and assisted with the City's CA Work Plan. Refere nce: Teri Stripes, Project Manager, City of Spokane Planning and Development, (508) 625 -6597 T,'i;icrn;:sl;�f SIIIO. -!, -: t3.,-pr:::� : �;�:i!i�•�, PA Fir: +.vr•!: =1.a r-p; +.,� �,�r.m!; j h;'r�! -';u 3n :�u�]?• Au As part of the FY2016 grant competition, Stantec team members Chris Gdak and Andrea Pedersen lie 1ped the Mat -Stu Borough Coalition secure $550,000 of CWA Grant funding to assess brownfi eld sites within a 24,600 - square mile area that inchtdes the Cities of Houston, Palmer and Was ilIa. Stantec prepared a successful grant application, supported conunnnity outreach, initiated site inventory effort s, and assisted with the CA Work Plan. Reference: Frankie Barker, Project Manager, Mat -Si! Borough Planning Depart ment, (309) 625 -6597 �.f L:I r.'2?'•1 :! P Vii! '; :1: ;`.:. Yr:�Yy ,fi of F: ?: ": �•:��ii f:i ?!:1 i C1: Sta!ttee has provided environmental assessment and land redevelopment services at the Sacramento Railyards sitice 2011" Coo upying 240 acres in the Central Business District of California's capital city, the Railyards is considered one of the largest infiil Brownfield developments in the U.S. Once home to the western terminus of the historic transcontinental rail lines, this mixed -use, transit - oriented redevelopment is designed for 12,000 multi- famiIyhousing units, 2.4 million square feet ❑fofFtce space, and 1.9 million square �!k�Ax�9 s ►r" r v o nnlr_Intnt 11101117 CC AGENDA PACKET PG i i i i i i i i i I I J P, I I I I J feet of retail, hotel and co min er•ciat space. At completion, the Railyards wi11 be home to nearly 30,000 residents and provide 29 acres of community parks and open space. Stantec's Brownfield Development sub - sector lead, Elias Rashmawi, has managed Railyards improvements including remediation, entitlement, planning, design, and construction, funded by nearly $300 million in federal, state, and local sources, including California I and IC Bonds and CALReUSE funding, obtained to advance projects including relocation of freight and p assenger trac ks and construction of bridge s, tunnels, roads, and high capacity deep utilities. Elias has led regulatory negotiations with the State DTSC, the Central Valley Regional Water Quality Control Board, and the Sacramento Area Air Quality Management District and negotiated the remediation scope for projects, includingthe multifaceted envirorunental insurance cost -cap coverage that exceeds $100 million in value. Our team has completed Hundreds of petroleum and hazardous substance ESA and cleanup projects throughout California, both for potentially responsible parties and for municipalities, developers acid land owners hoping to reuse these sites. PV'Ity 0 i C p i•S Supp rfi ;,l d SiFpi MoloaQ.:,A Stantec is ccnd Lie ting ongoing site closure and groundwater monitoring and remediation at the Purity Oil Sales Superfund site. The Purity Oil site is a former ail recycling facility that was in operation between 1934 and 1973. The USEPA divided the site into two Operating Units: Oil -1 for groundwater and OU -2 for soil. Stantec prepared plans far the site closure which included a Field Sampling Plan (FS P) and a QAPP for the 0 U -2 project far conducting waste sludge neutralization and the waste -cap construction. In addition, a Health and Safety Plan for cap construction and neutralization was prepared - The 0 U -1 projectnivolved groundwater extraction and treatment of a volatile organic compound (VOC) plume atthe site and quarterly monitoring of groundwater. Groundwater samples are collected using QED MicroPurge bladder pwnps and production wells. Samples collected are submitted to a state - cert ified laboratory following proper chain- of- custody protocol. Field and travel blanks are being utilized to ensure QA /QC integrity. An FS P/ QAPP has also been prepared for the 0 U -1 proj ect. Cone penetrometer testing, downho le. camera, and aquifer testing were conducted to further assess the hydrogeotogic conditions and tine extent of the VOC ground water plume. The remedial alternatives for the site include soil vapor extraction to control the source of VOCs and monitored natural attenuation- fn conjunction with the groundwater study, Sin ntec Con sul l l ng Services me waste oil sludge pits were neutralized and closed on the site. Groundwaters amp ling and reporting at the site has been reduced to semi - annual events. Additionally, reports are being reviewed by the USE PA to further reduce the groundwater monitoring network and the sampling frequency. Stantec is Chevron's longest- standing cons uItannt at the site, working there since 2002, and has been awarded a ranking of "excel lent" from Chevron. Reference: Nathan Blanngren, Project Manager Chevro n Environmental Management Company, (925) 790 -3914 CY!!ori.•.71• =ry S_)EVE,fif G'foJ ?)(JV• Ut ,2 I PIS: 1 i.1n i t:7rir:q 5',J ` P h 9 orrd Rome[tluilnrl P= p'•rliriq I LrSJi. [.'A Matthew Battin is the project manager and technical lead on a high - profile project that includes monitoring, innovative passive diffusion bag (PDB) sampling, and quarterly reporting to the Central Valley Regional Water Quality Resources Control Board. PD sampling does not require expensive disposal of purge water impacted with tetrac hlo roethylene (PC E), conserving the City's financial resources. The site includes a 76 well monitoring network far one of the state's largest chlorinated solvent plumes, extending over a mile in length and iinp acting four hydro st rat igraph ic zones to depths of over 250 feet below grade. Reporting utilizes EQuIS database methods that cost - effectivelygenerate numerous tables and figures to present zone - specific distribution of impacts and includes swumaries of soil vapor extrac tio n (SVE) and groundwater extraction (GWE) remedial system performance. Stantec provided the City technical third -party oversight of SVE and GWE remedial installation, aperation and maintenance, and assists the City as- needed through a current on -call centract- References Andrew Richie, Water Plant Superindent, City ofLodi Public Works Department, (209) 333 -6878 We u nderstand th at, Forsome properties, planning activities such as market studies an d site - specific reuse plans may be the key to unlocking developer interest and attracting private investment. We effectively secure and utilize EPA Brownfield funding to perform redevelopment planning in brownfeld- impacted areas. During the past three grant cycles, we secured four $200,004 EPA Brownfield AWP Grants for clients throughout the U.S. and completed additional AINP projects as part of EPA, CWA Grants. _,f K(, -fl. hiighl'rn1ac. rar:us Ale(] - 5rrrv, iiho7rJ ✓. ;:I?Vr�i;)(l'"l _`l: St[;dy i Kc_nl 1,eVA In FY2012, we secured $400,000 ofCWA Grant funding for the City of Kent. During grant implementation, we completed AWP activities to explore land use opportunities and re deve I a pine nt 4OAj t 11 U rn ORiGINAI 11101117 CC AGENDA PACKET PG 276 Proposal for U.5 Envir onm enlal Pr ofecl of Age r.Cy Brownflelds Gr ❑nl App?C 011or1 and impiementol ion AsslslancP constraints for a Brownfield- impacted focus area surrounding a 110 -acre former Seattle Public Utilities (SPU) landfill located at a key western gateway to the City. During the discovery phase, we completed an existing land use and planning context study, market analysis, utilities /trarisportation network evaluation, and comprehensive brow nfieId inventory. We also conducted stakeliolder interviews to encourage co inn uunity- based involvement in neighborhood revitalization. Following this multi - disciplinary investigation, we conducted a visioning exercise with stakeholders to explore multiple redevelopment scenarios for seven catalyst sites identified during the inventory. This p I a n n i ng e ve nt allowed our team to harness the insights, talents, and energy of public and private stakeholders to create a feasible red eve lo pine nt plan. Finally, we corpleted a Road Map to Redevelopment, detailing anticipated considerations, steps, and strategies to facilitate redevelopment of the catalyst sites, while overcoming complex regulatory, legal, financial, engineering and environmental challenges. Reference: Erin George, AICP. Senior PIanner, City of Kent, (253) 856 -5454 Stantec has supported coinin unity outreach and public involvement activities on over 100 EPA Brownfreld Grant projects. We understand that public outreach will garner on -going program support, help secure additional funding, and develop a more sustainable program. We help clients arganize interactive public forums, create infornnational print and electronic media, and field stakeholder and property owner questions regarding site eligibility, property stigmatization and other concerns. We also help cities navigate controversy by crafting project materials sensitive to public concerns. For instance, tlne terrn "brown field•• is often misunderstood and carries negative connotations. We make appropriate and carefully considered use of the term, utilizing alternative ternninology (such as "revitalization ",'`opportunity" or " cat alyst'• site) . Cily :.` EVE :( : :1r. faA (L%A G,r�M P!,JQf,ini I EI, t:' %14A Since helping the City of Everett secure $400,000 of CWA grant funding in FY2013, our team has led o tit reacheflorts, including developing web site content, project fact sheets arrd drafting a press release, which was published in various news publications, resulting in a feature story on tlne local NPR affiliate an d a segment on Seattle's KIRO 7 nightly broadcast. We also helped the City organize a BAC, including representatives from Snohomish Health District, Snohomish County Planning and Development Services, Port of Everett, Washington State Department of Ecology, developer and environmental groups, and neighborhood associations. During BAC meetings, we presented information about the EPA Brownfield Gn mt Program, planned project activities and desired outcomes, and facilitated interactive exercises and discussions to explore a pp o rt unit ies and constraints presented by potential priority sites and redevelopment focus areas. For example, the BAC explored utilizing growth management and infill development to address anticipated residential growth projections and help the City meet increased housing and employment land demands. The BAC examined 14 potential brown fteld revitalization target areas, which we re evaluated and ranked based on criteria established by the City and at the suggestion of committee members, incl uding desirabitity of revitalization, cleanup needs, property owner willingness, and environmental justice issues. The group identified individual sites and highlighted potential priority areas. Continued, ongoing meetings allow BAC input as the C i ty p rioritizes specific sites for assessment activities. Finally, we organized a series of interviews witli major stakeholders (site owners and developers) to solicit interest in utilizinggrant funding to complete assessment and cleanup site- specific reuse plan ring activities at priority redevelopment sites. As a result of these efforts, the City has received multiple site nomination/ application requests from stakeholders interested in utilizing grant funds. Reference: Paul Popelka, RLA/AICP, Planner; City of Everett, (42 5) 257 -7155 From small -scale revitalization area studies to complex county-wide inventories, we have designed brown fie ld inventories ofvarying complexity, including a custom GIS program developed far the City of Vannceuver, Washington. ;. i'r ;)' Vu �,( :.7iiv -r'. E ",'�. -1 V;A 3 AN�� G Uns. 1 VIA After securing $400,000 of EPA Brownfield CWA Grant £undingfar tine City of Vancouver, our team utilized E S R I Arc GIS technology to compile retards for several thausand potential brownfteld sites throughout the City, We paired over 4,000 environnental records front Ecology and federal environmental databases with assessors' attributes for all 55,000 City parcels and added additional real estate and historical resources to create the Vancouver Site Inventory Tool (VAST). VAST allows the City to evaluate sites based on key environmental and real estate - related attributes such as occupancy and floor area ratios. With the City's input, we developed formalized ranking criteria to compile a list of high profile sites and produced corresponding database reports and site maps to help the City prioritize sites far assessment. We then surveyed 120 top ranked sites to verify existing site conditions such as occupancy and paterntiat environmental concerns. Next we conducted a series of stakeholder meetings with major site owners and developers to solicit interest in the gran t progranx. As a result, the City has received requests to use grant funding for redevelopment activities at several 4SAK$�q ILPI � v 11/01/17 CC AGENDA PACKET i i i i i i i i priority sites. We also completer] an inventory that focused ' aiily on a targeted revitalization area - the Lower Grand Employment Area, a 173 -acre, 104 - parcel, aging industrial district. We performed a comprehensive windshield survey and reviewed additional data sources, including Sanborn ' fire insurance maps, historical topographic maps, aerial photographs, and occupancy/ land uses to identify dozens of potential catalyst brow nfield sites not listed in environmental ' databases. We utilized this information to help Vancouver secure a $200,000 EPA Brownfields AWP Grant during F'Y2013 - the only AWP grant awarded in EPA Region 10 that year. ' Reference: Bryan Snodgrass, Principal Planner. City of Vancouver, (9 60) 457 -7946 I !1 S1or'cc Consulling 5&v Ices Inc Pra posa! for U 5 Envlronm enral Pr❑rec1: u,, Agen Cy 810 -VI eldg C ronl Aophcarion ono : m p le me ntofior. Assls ton ce To us, satisfied clients are the hest testament to a well- managed project. The following references have Hired the Stantec team. We encourage you to reach out to the contacts listed below fls part ofyour selection process. ' NeighUorhood i'll.r ..: 1..•... ., • i ji :i 1: [- .- 11'()i -�lr J:• EDP. �i.�_.i: ,•: •I:. r. ..-, C]!1 ?�. - - � Seraices Manager �:I�,r:.'.ir i ?�!•; 7 )�. :::: `+ %.'.I - ..!!:lrn :. ::1:!':1•; E4-n. _".��r;1 i�•�;•1-:i Senior Planner Project Matnage r 0 c' -..... :,r r__I cc a j g . r.. ;I.s:r;'...., rr::� l ..... ,' ! :. _ Hr':•:;'''I P,ojectManager ='In .;i n a ?enrj , .. � V� A ! r Project Manager V. •.,•,J r '"- - 'ti •jl r.,l -,.:;' I i�-r,;;�li:��.�'ra'':•� F•:'e:r!-= ;�:1� "•�, .. 3; i .'!� ...I.: :r� Wc[ter PdantStcpertradent ;,h.:, srd , .' f. =.r. '' t ." .. -.I �l�;r• .:]!: I..,.,. '• .:!•J ".r•: .. �...- f r. �iq . -. 'I -, F, .. -. -.r -....; - :[,...;,.�i:.,I�i 1 Senea P[arrner � . Planner Pr inc ipalPMnIzer 14 . -j 'Sc 1 "' r s 1... ' �E:'::;rlf'll':.;C1� �{r11:!V'•i�t'.ii.�=_. We understand grant - scoringcriteria and have developed specific strategies for preparing winning applications. The EPA Brownfield Grant Pro grain is highly competitive. Success requites that ati application score hig]ily in each category. We understand the nuances of a successful application and incorporate proven strategies to construct contpelhng submittals, while addressing evolving EPA standards. Since 2005. Stantec has prepared more than 100 EPA grant applications and numerous State brow nfield grants on behalf of ciients in six EPA regions and 18 states. Stantec staff are currently wo rk ing with municipal clients to imp lenient all four types of EPA Brownfield Grants: CWAAWP, Clean -up, and Revolving Loair Fund. We help clients develop long -term ' strategies to secure multiple grants- tS_ rninary c)f LI 5 `v.''- st I=PA B.C'rer-fir:icl L;:t;rt LJ I 7 Stantec Consulllr.g Services iriu During the last five years, our grant team helped communities secure $8.3 million in CI. S. West. The table listed below details those grants we've secured and implemented in the western U.S. We also heap clients secure funding through multiple state programs, such as the C al ifo rni a C le an Water State Revolving Loan Futtd or the California Linderground Storage Tank Cleanup Fund. a -._ ..__. • Prr.vr:, UT 2016 . . .. CLVA ..... . .... WO 000 6 Unt,-i' BIr n A'-)G, J I 2016 (-1,VA ('C htion) 8 Eoryo. ND 2016 Sj(11�.001) 8 5!:: r.x F0115. 5(; 2005 C%NA W0.000 8 Trn do,..1. CO ?017 C: NA S500•000 8 L :rl e Cr),,:n'V. C0 2'014 C'J/A ScOC.000 8 A r:;;1, ND 2W C' IA 6 AWP 560G.0 "0 9 Lodi, CA 20:5 CVJA 5400,000 9 Cio'k County, NV 2015 CVVA" (Coalition) $5000.000 1C M:i' -S.1 AK 2016 CV,A (CuU1;t u .', S550.n[:.0 10 kl�Jtro Purflor:t. 077 2046 CWA(CCCI•I on; $600.000 10 Sf'ok:jr�:, vVA ii715 (-WA S4r)G.000 10 :011, -: n. C 20!5 CWA. $400.000 10 K;:, m f; Its. OR 20'5 CWA (Cn( Aio•1) 5600.01Dp C C ,:?s Bray. 01 201`_• Ch1A 54rJU,OOC Ever-it NA 22'._ CLVA $400.000 0 WinCO. vF� f, YVA 211!3 C A �k. AWP' 600.000 10 0 t e s cour•tV. 01!7 20':5 C 1'V.A' Sdf C.uOU IC K rr wA 21) 1 ONA 'Da noTespr7nts fun.71ng only secured oy 3to.'iI-C •'b ®notes Qrons tundlna only;rnplernanted �.)v S -(.1r) . Stuntec secoredlimplemented grant funding for o1i othor projects. Proposal far V S Envi ru nrn.n•r fal Profec, Ian Age n c'd Brow 1+el cis Grant nppllcc 4 o rr and ire plcmentai io r Assi stance F[- ii�:�l E:�v• r•r�lricr::•:: k�y:r!.!'.:c; ^: We have detailed knowledge of the myriad of Federal environnnenW regulations unique to EPA grant - funded brownfield projects. A few key exarn pie s of the depth and breadth of our knowiecige on this topic are provided in the foIIowing paragraphs. For CWA grants, the grant applicant need not provide proof of eligibility at the time of application submission, belt the eligibility of every site that participates in the project during implementation must pass EPA eligibility regulations. Hazardous substance eligibility requirements are relatively straightforward. The grantee need only demonstrate that the property is a brownfield. Petroleunn eligibility is much annre complicated. In short, it must be demonstrated that there is no responsible party for known or potential petroleum contamination. Through many interactions with EPA brownfield project officers and SWRCB site managers, we have developed "t ricks - of -tlie- trade " far establishing petroleum eligibility in most cases. For properties where a Phase lI ESA is performed, an Endangered Species Act and Natiotial Historic Preservation Act (N11PA) screening must be conducted. The process for these screenings is state dependent. We have developed a process for ccmpletiing this project step very efficiently, ensuring that this project eIement does not become a financial drain to the project. Our team also has substantial knowledge regarding regulations key, but not unique to, EPA g rant- fund e d brownfield projects. For example, Al Appropriate Inquiry (AAI) Final Rule requirements and ASTM International E- 1527.13 standards that govern Phase I ESAs and affect liability exemptions under the Comprehensive Env ironmerrtaI Response Compensation and Liability Act (CERCLA). We have performed investigation and reniediation at numerous Resource Conservation and Recovery Act (RC RA) sites. We understand U.S. Army Corps of Engineers (COE) Section 404 permitting requirements for shoreline areas and have secured over 1,000 state and Feder a] env iroiirnental pernnits. We've performed numerous projects on Native Ain erican archaeological and historical sites, and sites involving endangered or threatened species, subject to the National /State Environmental PaIicy Act (NEPA /S EPA). k -ci I N.•'fl:I '. ..!J: r: 1 It: 'r It U.; pk7,.,`4,.I ".I tw-q -i; Cost To demonstrate our commitnient to helping the City of Bakersfi eld develop a long -term brownfield redevelopment program, we will complete the grant application and CA Work Plan tasks at our sole risk, with no fees. In the event that one or more of the applications are not funded during the FY 2017 grant competition, we will part icipate in EPA debriefings) to identify areas of improventent and revise and resubmit the applications) as part ofthe F'Y2018 and/or FY2019 competitions. We will not assess any additional fees for time, effort, and expense associated with revision and re- submittal of gra tit applications. Implementation of successful grants will be performed in accordance with the rate schedule. We will comply with vendor requirements regarding insurance, disadvantaged business enterprise (DBE) part icipation, and equal entploylnent opportunity as outlined in Sections 4.2 and 4.3 of the RFP. Rote Scl+c :iulc fnr Grant srnpler ;- +tn+ or, Slnnlec Conudfing Services Inc Schcdijl "'.a Staridard Libor rates in efl'ect far 20161 are provided in the table below. To the ex tontpracticalrle, t.fie majority oFwork wi11 he perfos-tned by staff at lower rates and overseen by senior staff' on an as- needed basis Area subcontractors will be utilized for fieldwork to the extent feasible in an effnrt to maxi nAze use of grant funding by keeping travel casts to a minimum. Rates subject to annum increase. Stantec wilt provide cost estimates for other fees expenses including equipment rental and o t he r reim bu rsa ble expenses as needed during the course of the project (ire advance of performing such services ), All subconstellant /subcontractor fees, equipment, and reimbursable expenses will be charged at cast plus 10% markup. F I e I d Te hr: c i a r SICI OU Fic •.?riora Repor- Edit:ng , ^,IS, B:rwrili'- Id Ere Irri(E - ^.Tory. Phc6e I ,&II ESA HM30 :CIS T9 :i n„ -;rare - (J,-..^ hi�:il:ej 55 =p.P PrePs +c:li•:_)rr, E ci !',:�j IP;nject Cri;7r•'�Inrat::r r�I P Se •)1::x: ?r r;;_; C:f C.: IC ':I irx�itor /Gr�.7nI Spe•c,olisl - (Ar':ir -;;: Pi cder_crn) Pio1r �° U:lr.oys;: ;fN�fr� ^e•� B�:irn) Pro;(?sSlow-jl Ge gis' - :A.^ r: Ja rlar }aF) S nin, B-o'rir:1 -= Grorr' 5; ec;l`]IISt - (.,1 -IS GJak`; Sonior Land'Jse PI-inner 1rrd Envrron:nenlcl P4rmitting (Kevin r ' •nluntr -n:or B,- cyrrh;�IJ rct)! SF)ec{,' QI18 CO Pr:: +:..•::t AdrTl%h islres+ion. <eh:'s, I P-:.,d.jc1 :;r+ 5137 G� G'c:n +Vrir ns.t csnr; 'v'crn:;:3- rt:�r•.r R-:� : F. (I t n j. rf)- ',rT-,jrWy Okltrecch PrajW,'! SL. )OCI �)'r�jec' MoniJrgE�,rf +E?•'I U ":] G+: �,fsic w ]It?YI •V�•?l rC'i'•�. ;;48 X30 ,_ .:•rirt�_ir �'y O�s'rersr -+ �ff;.sF.� "r': �rry;2 I? FSAs Grc •ririf,elr7 ]I +F ir;':9 :i1 ry. 15 31 ESP.;, LAPP,.A,'C' (]L ;:iFt'.�. Clec:rlcf7;,+R�iftiu ?I:sr'rir +.3 S e Ehgitr.,ty. QA/QC °v':)r4et Anr:ly., s Cle;in ipNl?_f,e 519670 1 P:-.Inriirg. Are= ; r:1.': ;r�rr- li.f•l� yni, };�;:c'�, Permit:,ng En•itlefnerts �_ r�7.A1QC Clnar,.uF�l :7c :jse'Ir:r n nc. A..2o -IN; (. F1 �6C0 C On rlr'-,c i'y 0jIrB:: =!'. FBr: rlit :•'.a _. .: ..:' 4.i: r:. ..,..' i.::.; ). .t;--.'f.I.: +_' Proposcl for IJ 5 Envircnmen'ol p;olecbon Age,lcy Brown Melds Or aril Applhcr]ri'J,1 UnC +rn p!e inyr}pliai• ASslstpnce Company I Various Counties, California: Matthew has served as a project manager for Appendix A: Resumes - Matthew Battin County (6), and various other jurisdictions (3)- Since 2011, Matthew has successfully f: -•: t: i.-1 I•.'ii -1' I..i. .r •��-�., .. - Irl' 'I•: "l 'i' ' responsibilities include overall project management and oversight oftlie project team ' With a background iit Iiydrology and environmental science, Mattltewhas more than 12 years ofenvironmental consulting experience, s upp a rti ng pet ro leum and hazardous inaterials assessment and remediatioit projects across California. With ltis demonstrated project ' management skills, he has the ability to manage multiple projects simultaneously while r, ? assigningtasks, in a naging bit dgets, deadlines and project quality, as well as client and regulator �._, _. r. - -._•'" communications- He has worked for avariety of major oil company clients (Chevrr n, Philiipsfi6, BP/ARC0, etc.] on leaking underground storage tank (LUST) release sites under the regulation of ' ! • the California Central Valley, Central Coast, and San Francisco Bay Area Regional Water Quality Rocklin, California Control Boards and various local oversight programs (Lb Ps) working beneath the State agencies. Matthew follows the CPDEP process acid engages frequently with peer assist teams at �- ;... i.. ,.: Currently, Matthew is serving as the Pruject Manager Fa t• the implementation of $400,000 of EPA BS, Hydrology, University of Brownfield CWA Grants awarded to the City of Lodi, California in FY15 His work experience California, Davis, California with the City of Lodi has included assistance with community outreach and facilitation of the ' Brownfield Advisory Contntittee (SAC), creation of a Citywide inventory to identify potential et -II P:' , I e r,4;{ te�-J c! brownfield sites, writing a comprehensive QAPP document, and communication and report ing with EPA Region 9 staff. Future activities will include planning for and implementing Phase I and Phase it assessments are priority sites identified in the City wide inventory and additional redevelopment planning as identified by the City of Lodi. _. .: ..:' 4.i: r:. ..,..' i.::.; ). .t;--.'f.I.: +_' Project Manager for 76 Products Portfolio, Chevron Environmental Management Company I Various Counties, California: Matthew has served as a project manager for sites in the 76 Products port foIto with Chevron Environmental Management Company since 2011 - Matthew has managed 26 sites located in San Mateo County (17), Santa Cruz County (6), and various other jurisdictions (3)- Since 2011, Matthew has successfully negotiated no further action (N FA) status and has achieved closure of 8 cases- His responsibilities include overall project management and oversight oftlie project team ' during investigation projects, path forward strategy, technical report preparation, project budget estimation and tracking, oversight of assessment and remediation activities, as well as coordination with the client., regulator, property owners, stakeholders, a t i d ' subcontractors. He add it ion aily helps to coordinate the activities of suppliers contracted to perform periodic groundwater monitoring and sampling and waste removal. During waste removal operations Matthew oversees the collection ofcompliance samples for waste profiling, helps to obtain EPA ID numbers for the disposal of hazardous waste (i.e- bailed product front monitoring wells), scltedu les the removal of waste to meet regulatory guidelines, and helps to maintain inspection records for sites with ongoing ] tazardous waste generation activities. As part of the management of sites within Chevron EMC, Matthew follows the CPDEP process acid engages frequently with peer assist teams at critical decision points. • As sistant P roject Manager for C onocoPh illip s Suhportfolio I San Mateo County, ' California: Matthew has served as an assistant project manager for the ConocoPhillips San Mateo Cou tit y suhportfolio since 2005. More recently, Matthew has served as a project manager for approximately 12 sites within the subportfolio. His responsibilities include overall project management and oversight of the project team during investigation projects, path forward strategy, technicaI report preparation, project budget estimation t o``gAKF�� f U d f7RIf�lAl�l 11101117 CC AGENDA PACKET PG 283 i I 5'anlec Ccnsulling ServWes rr•c_ Matthew Batt ire and tracking, oversight ofassessment and remediatiwi activities, as well as coordination witli the client, regulator, property owners, stakeholders, and subcontractors. Site activities include performing well installation, soil vapor sampling, low -flow groundwater sampling, assessment, and remedial feasibility study. Matthew has helped the Portfolio Manager develop and maintain an excellent relationship with the County regulator these projects. Assistant Project Manager for ConoeoPhillips Site Redevelopment { Alameda County, California: Matthew served as the assistant project manager for a high - profile GonocoPhillips site in Alameda County involving multiple third parties, litigation- driven cleanup, and several logistical obstacles to remediation. The site was the location of a former retail gasoline station and department store undergoing redevelopment. His responsibilities included project management support during investigation and re med i at i o n proj e c t s, technical report preparation, budget estimation and tracking, as well as coordination with the client, regulator, subcontractors, and multiple property owners and attorneys. Site activities included performing well installation, mobile dual - plisse extraction, installation of electrical power, and permit compliance. A No Further Action Request was granted for this site. Staff Scientist for Various Major Oil Company Projects I Various Sites, California: StafFScientist far C on oco Ph il I ip s portfolio projects and other major oil company clients. This role involved support work under a variety of project managers. Responsibilities include advancement of soil borings for soil and groundwater sample collection, logging soil borings to UGSC el assificatious, installation of groundwater mo nit o ri ng we 11 a, installation of remediationn wells (including SVE and irtjectionweIIs), installation of soil vapor wells, development of groundwater monitoring weIIs, groundwater sampling, and soil vapor sampling. While performing Field work, industry standard Health and Safety practices were followed, which included Near Miss Investigations and SAFE evaluations. Student Laborat ory Assistant for Soil Microbiology Study *: Strident LaboratoryAssistatit in a soil microbiology research Iaboratory at UC Davis, under the direction of Dr. Kate Scow. The specific nature of the experiments was to study the degradation of MTBE via bacterial ingestion. Responsibilities included preparation oflaborat.ory equipment and media, isolatingbacterial strains, maintenance and use of a flame- ionized gas chromatography machine, and tine preparation of figures and tables for presentations. • Aquatic Toxicologist for Various Clients: Aquatic Toxicologist in a bioassay lab for a variety of clients. Predominant work performed in the lab was for NPDES permit compliance for the discharge of treated waste water. Laboratory responsibilities included proper handling of submitted water samples, preparation of experiment dilutions, performance of bioassay experiments using a variety oftest species and methods. and performance of Statistical analysis on experimental data. � m � r U � ACT PG 284 Pruooxol fpr IF S Emlr onmen +aI Part ec Iion Agency Brcwnfolds Serra Fit AF)OW :n 11 on and Im pie men to I ion A55 Sic) nce rt:. 1'.. 17.. r. Bellevue, Washington BESc Eng, Civil/ Environmental Engineering. University of Western Ontario, London, Ontario `de' ut "i (IF ;i;r)Cf c::rrr ;)I':"led o! csnnlhe•'irri 20 Chris Gdak, B E Chris is a Senior Project Manager, 0 iv i I/ E nv i re ninenta I Engineer, and Brownfield Grant Specialist with 15 years of consulting experience. Chris has successfully assisted with grant assistance, management and /or technical aspects of over 30 U.S- EPA Brownfield Community - Wide Assessment Grants. Chris has managed more than 500 environmental site assessment and/ or cleanup projects throughout the U.S., and specializes in the assessment. and cleanup of both petroleum and Hazardous waste brownfield sites. His responsibilities have also included financial nanagement as 8i St.arrce for the enviro run ent.al services group and marketing and business develo pine nt- Chris' diverse technical background and management expertise make him uniquely qualified to manage niulti- disc ipline teams required for brownfieId redevelapment projects. Grant Funding and Acquisition I Various Communities: Chris has helped prepare over 30 successful U -S. EPA brownfield grant applications since 2005- Since FY2012 Chris has managed 31 successful EPA brownfield grants throughout the U.S. West. ]During Lhe FY2015 U.S. EPA Brownfield Grant Competition alone, Chris helped prepare 11 successful grant applications, securing 100% of the Community -Wide Assessment Grant funding awarded in EPA Region 10. During FY2016 competition, Chris assisted with 8 successful grant applications throughout the wesLern U -S. Grant Managementand Implementation j Various Communities: Chris has managed and /or assisted with the technical aspects of over 30 U.S. EPA Brownfield grants since 2004, including projects in Wisconsin, Indiana. Washington, Oregon, California, and Colorado. Chris leads all aspects of EPA brownfield grants including grant management, and reporting, community outreach/ public involvement, inventory/ prioritization, ESAs, and cleanup planning. He is currently managing EPA Brownfield grant implementation for the cities of Kent (FY12), Everett (FY13), Vancouver (FY13), and Spokane (FYI 5), Washington; Salem (FY14), Coos Say (FY15), Klamath Falls (F Y15), and Metro Portland, Oregon (FY16): Lake County (FY14) and Trinidad (FY15), Colorado; Lodi (F Y15), California; Uintah Basin Association of Governments (FY16) and Provo City, Utah (FY 16); and Matanuska- Susitna Borough (FY 16), Alaska. He recently assisted EveretL with an EPA Annual Performance Audit. The City received an excellent performance review and EPA complimented Stantec on the quality of reports. Portfolio Manager for Phillips 6B Sites I Washington and Oregon: Chris managed the environmental liabilities of over 100 Phillips66 Sites in Washington and Oregon over a three- year period, including a bulk storage facilities in Raymond and ilwaco- His work included UST renLavais, facility decommissioning. compliance monitoring. and investigation and rennediation of releases of petroleum hydrocarbons and related constituents at retail gas stations, bulk storage facilities, terminals, atnd pipelines. This work resulted in site closures through Washington State Department of Ecology, Oregon Department of Environmental Quality, and EPA Region 10. Environmental Due Diligence 10 ver 500 Sites Throughout the U.S.: L`hris has completed environmental due diligence projects at over 500 sites since 2001, specializing in historic fill /metals - impacted sites, petroleum - impacted sites, and dry cleaner /solvent contamination sites- Sites include a wide variety ❑fresidentia1, commercial, industrial, and institutional properties- Chris performed project management, research, planning, aversight, and performance ofsurface /Subsurface investigations, including so it, sediment, �AxE'�`s -n � 4 i i i r i i i PG 285 Stu ntec Cor 5&ing See vrCm Inc r Chris Gdak, it _ s:.: sludge, groundwater, soil gas, and surface water sampling; design, operation, and maintenance of various remediation technologies; preparation of Phase I /II ESA Reports, Remedial Investigation (Rl)/Feasibility Study (FS) Reports; and development of Remedial Objectives (RO), Analysis of Brownfield Cteamtp Alternatives (ABCAs), and Cleanup Action Plans (CAPs). I I 0 Multi -Year Environmental Services Contract F Milwaukee, Wisconsin. As project engineer for a multi -year environmental services contract with the City of Milwaukee through 2005, Chris completed over 25 Phase 1/11 ESAs/ cleanup projects at abandoned or underutilixedbrownfield parcels throughoutthe City. The sites ranged from vacant former residential lots to abandoned historic manufacturing facilities. rail yards, gas stations, and atwo -block area afthe City targeted for mixed -use redevelopment. A majority of the projects were performed in c o nj u netion w ith redevelopment of City -owned parcels by private developers or sites targeted fer acyuisitioitby the City. A significant number of projects were performed in conjunction with U_ S, EPA brow nfield or other state and federal grants. The City of Milwaukee has received more U.S. EPA brownfield grants than any other local government in the U.S. Through his work with Milwaukee, Chris gained broad experience in best practices for use of EPA grants- Jo sey Heights Subdivision Brownfields Investigation, Remediatian and Redevelopment I Milwaukee, Wisconsin. Chris performed site investigation, re mediation planning, and remediation oversight of a two -block area with over 100 years of commercial/industrial history. Remed i at io n inclu de d excavation of over 1,000 truckloads of contaminated soil and historic fill from 88 different areas of concern with varying depths and types of contamination. It also involved the use ofsub - centimeter GPS equipment and NITON XRF in -situ testing for metals. The resulting development included numerous single and multi - family residential units. Project Manager for Multiple Dry Cleaner Sites I Illinois! Chris managed compliance inspections and the assessment and remediation of chlorinated and petroleum solvent releases from multiple dry cleaner sites participating in the Illinois Dry Cie aner Environmental Response Trust Fund Program. Work included assessment of impacted soil, groundwater, su rfa ce w ater, and sediments; developing site - specific risk -based remedial objectives (ROs); and completing Remedial Action Plans (RAPS). This work resulted in site clasures through the Illinois Environmental Protection Agency (IEPA) Site Remediation Program (SRP). cJ o f'11"flhlwI w 1 PACKET PG 286 Pra po4pE!or U.5 Enr l ro n mensal 1 ores riot Agency Br own Ae:ds Gr on, Ap plic❑ },on and Irnjlrer n ens () rl on Ass lsrC nce ): 3 : "I Rocklin, California BS, Earth Sciences, University of California, Santa Cniz, California Professional Geologist #8908, California Board for Professional Engineers, Land Surveyors, and Geologists denoles prO FiC' c - -)mL 0crJ of G')othef fi•m W, Amanda Magee, P,G. Amanda has more than 15 years of professional experience as a geologist. She has developed a broad range of skills associated with environmental, I iyd rogeologic at, and geotechnical site investigations. Her experience has covered many aspects related to Phase I and II environmental site assessments, and she It as considerable knowledge relating to leaking underground storage tank removals, ass essmeiits, and subsequent remediaLion, Phase I Environmental Site Assessments [ Various Locations, California, Washington, Oregon, Arkansas, Ohio, Georgia, Illinois: Amanda has performed Phase I Environmental Site Assessments for commercial buildings, industrial facilities, undeveloped properties, transportation facilities, retail gasoline stations, and high - density residential properties. The scope of work for these investigations included site reconnaissance, interviewing property owners and government authorities, reviewing historical documents, and providing recommendations to the client regarding recognized environmental concerns and appropriate actions to be taken. • Project Manager for Phase I and NEPA Checklists' { Various Locations, Washington, Idaho: Amanda served as the Project Manager for multi- tasked due diligence investigations on over 200 wire less tower sites throughout Washington and Idaho. Amanda coordinated and scheduled several locaIixed teams in order to conduct investigations in remote locations. Short turnaround times coupled withiarge portfolios required closely tracking budgets and expenses to ensure that tasks continued to be efficientand on time. Professional Geologist for 7- Eleven Retail Gasoline Stations [ Various Locations, California: Professional Geologist of record for aver 25 retail gasoline service station environmental cases in California. Amanda oversees all aspects oftechnical issues related to site investigation, characterization, subsurface monitoring, and regulatory compliance. She also assists in the remediation system selection, design, implementation operation, monitoring, and on- goingevaluation of effectiveness. Amanda has been active in identifying sites eligible for closure under the Low - Threat Closure Policy atnd prepared numerous Site Conceptual Models and Site Closure Requests. Project Manager for 7- Eleven Retail Gasoline Stations, Various Locations, Washington and Oregon: Amanda managed p raj ects a over 30 retail gasoline service station facilities in Washington and Oregon that totaled S 500 a till taIly. Projects involved underground storage tank site characterizationq and remedial investigations through closure. Responsibilities included lrttdget management, scheduling, staffmentoring and developmetit, discussion with regulatory agencies, and client interaction. Amanda successfully started a program to work with tine local regulatory agency to close sites and reduce 7- Elever i's env iromnentaII tab iIity. Oversight for Subsurface Site Investigations I Various Locations: Amanda conducted oversight of drilling rigs during site assessments of retail gasoline facilities to advance borings, collect soil and groundwater samples, log soil lithologies using the Unified Soil Classification System, and install groundwater monitoring wells. r r �] a ORIGINAL 11/01/17 CC AGENDA PACKET i i i i i i i ■ Jl - I 1'1 Rocklin, California S1a =Ncu Corsu 111 rig 5 ;vj vies Inc Elias Rasf 7rnawi Ll. :I.� �. ... ... ?; f With 30 years ofexperience, Elias is a leading brow ufieid redevelopment practitioner and strategist with numerous landmark projects to his credit. As leader of Stantec's Brownfields Sector, Elias serves publie and private markets throughout North America. As an accomplished program manager, Elias has delivered numerous federal, state and local. puhtic projects, and is an expert in public project delivery stmidards and guidelines includingp roc urement regulations, right -of -way acquisitions, environmental approvals, and project execution and delivery. Elias is highly regarded by various regulatory agencies, particul arly the Department of Toxic Substances Control (DTSC) and the Regional Water Quality Control Board (RWQCB), where he is considered a trusted partner. ;.; ;1.: ,'I , , Having delivered numerous puhlic projects, Elias has a strong work ing knowl edge of CEQA and IVI.Sc. Civil Engineering NEPA requirements, as well as various project impact requirements, including Section 7 of the ' (Water Resources emphasis, Federal Endangered Species Act, Section 106 of the National Historic Preservation Act, Sections transferred to additional 401 and 404 of the Clean [eater Act, among others. post graduate studies), ' University of California, An accomplished fate and transport finite difference and finite element numerical modeler, Elias Davis, University of combines a solid technical understanding of soil, vapor and groundwater contaminant behavior California, Davis, California in the subsurface with extensive regulatory, development, and construction experience in many jurisdictions in Forth America, particularly Northern California. Elias is a member of the ' BS, Hydraulies of Water Urban Land Institute's national Redevelopment and Fie -Use Council, a member of the American Systems, University of Geophysical Union, and is a frequent speaker at redevelopment conferences and strategy California, Davis, University meetings for industrial property holders. ' of California Davis, California Downtown Sacramento Railyards j California. This 240 -acre historic site, the Accredited Envision largest b row nfield infrll in the US, is being t ra nsferme d into a mixed- use tran sit - oriented Sustainability Prafessioual development under a joint DTSC/RWQCB oversight. Elias has led a land- use - conforming (ENV SP) remediation program to address soil, groundwater, and vapor contamination including heavy ' metals, LNAPL and DNAPL impacts, petroleum hydrocarbon, creosote, among others. He is Registered Environmental accredited with m any creative onsite cleanup alternatives used to unlock the redevelopment Assessor {REA) #07321. potential and bridge the gap in project financing. Hewas instrumental in t lie to am t hat California Department of secured nearly $300 million in public funds in support of infrastructure, ofwbich over ' Toxic Substances Control $250 mill ion have been constructed to date along with a $ 10 0 mill ion value in a remediation program. Federal acrd State public project delivery guideiines applied to this project. '�7enrtes project carriF,l.�ted f7' :rrvllfer rlrrvf • Sacramento Valley Station I Sacramento, Galifnrnia: Conducted arrd/or supervised the performance of Phase 1, Phase II, cleanup, abatement, and soil and groundwater management forthe City of Sacramento, California. The completed work s Lip portedtlie first and second phases of the station expansion and development, considered the 7th busiest in ' the US. Federal and State public project delivery guidelines applied to this project. Union Pacific and Amtrak Mainline Track Relocation I Sacramento, California: ' Elias directed an extensive soil removal and groundwater plume control program render the joint oversight of DTSC/RWQCB far the City of Sacramento. The project entailed tite management of nearly 500,000 cubic yards of impacted soils, removal of USTs, disposal of industrial rail waste, control of groundwater plume, relocation and installation of vapor and groundwatorwells, relocation and design of delivery systems, and design of vapor and groundwater intrusion mitigation. As a Cc dera l/st a te funded project, all design acrd construction parameters had to meet PUC, railroad, Amtrak, City, and various federal and ' state regulations. Federal and State public project delivery guidelines applied to this pproje 9 � O ORIGINAL Pr opo;al for u 5 En, i i o n m entar Pro IPrl ion Agony Brow of erds Gror,` A p cl lculran ❑nd Im ple m er to rl on Assislon ce Flics RaSflf-' awl c:.. r ;J%'-i • Construction ofR.ailyards Blvd., 5th and 6th Streets/Bridges I California: Under the oversight of D'I'SC, prepared and implemented plans for soil removal, groundwater plume control, numerous USTs removals, hazardous waste removal, t and significant asbestos abatement. The work was completed for the City of Sacramento. State and City public project delivery guidelines applied to this project. Redevelopment of former BART as the F ruitvale Tran sit Villag* 10 akland, California: Managed and executed a t complex front -end environmental program that was required for the development of the iconic Fruitvale Transit Village in the City of Oakland, considered as one of the most unique mixed -use transit developments in the nation and is nationally recognized as a leading sin ai•t- g row th initiative. Project implementation required a land swap that included a Union Pacific railroad section, transformation of Bay Area Rapid Transit District (BART) parking area into mixed use, the re- design of several City infrastructure features and the realignment of roads. The project entailed the combined collaborative efforts of the Fruitvale Development Corporation (FDC), BART, Union Pacific, City of Oakland, various state regu Later y age noies, ' and the surrounding community as the primary stakeholders. Federal and State public project delivery guidelines applied to this project. First California Containment Zone for chlorinated solvents* I Napa, California: Directed rented iation of a soil ' and GW chlorinated solvent plume at the first non- attairiment containment zone designation in the State of California under RWQCB. Rather than disposing of thousands of cubic yards of solvent-affected soils as hazardous waste, Elias designed and see ured approval for creative alternatives and cost - effective methods for on -site treatment and re -use and implemented a creative capture, containment, and groundwater rem ediation strategy that ailawed for optintuni site closure and certification, saving several millions and more than 30% of project value. • Golden One Center I Sacramento, California: Elias has led the implementation of comp re lie nsive environmental and dewatering program in support of the construction of the signature Kings Arena and adjoining Mixed -Use Tower. The program include multi - agency coordination. expeditious permitting including NPDES discharge of 4 million gallons per day of metals and VOC- treated extracted groundwater to construct an event floor several feet below ati existing chlorinated solvents plume. City public project delivery guidelines applied to this project. • First AB 440 (Gatto Act) site in the State of California j California: Elias is serving as technical consultant to a Fortune -100 oil & gas corporation in addressing imminent domain efforts by a public j urisdiction for a property within a redevelopment corridor historically impacted with LNAPL anrd DNA PL contaminants. • Redevelopment of former Dow Corn ing roofing shingles facility* j San Leandro, California: Elias developed ' a technologically innovative remediation approach that caitpled groundwater protection with construction and commercial worker protection. The resultwas significant cost reduction and high efficiency by securing the simultaneous i mplementat ion of cleanup and grad ing pla ns. • Former Battery Manufactu r ing Fac ility* E San Francisco, California: A risk -based corrective action approach was instituted at this former battery manufacturing Facility. All work was conducted in the crawl space of an operational building. Rather than demolishingthe structure or significantly compromising its integrity, acreative approach was designed to implement cleanup measures throughout the subsurface. Asa result, the property was developed into a lire -work building with minimal cost. ' • Las Bougainville as Affordable Housing' 10 akland, California: Following a recommendatio111) y others for significant intrusive and disruptive cleanup measures at. an affordable housingproject. Elias led the completion of a site - specific vapor analysis and risk evaluation that presented an alternative mitigation approach that was approved by oversight agencies. As a result, the award - winning community development project went forward without delays or significant additional costs. l4 PACKET ►� 11, I R I PG 289 Bakersfield, California i. J.. ,. BA, Studio Arts, University of California, Davis, California c,enc•fea5 pioi�t �C!7±K:'i31 -art Ctl onoMer firm r Srcirtec Coi�suning Semw es Inc Kevin Malarnrna Local Liaison, Senior Land Use Planner and Environmental Permitting Kevin is a senior enviroiunental cons kilt aztt with mare than 35 years of experience in the preparation ofenvironmental documents, including preparation ofCEQA documents, Haltitat Corisetvation Plans, Please One ESA reports, Permits as well as audit and compliance documents. He has worked with many federal, state, and local age ncies'incl tiding the Army Corps of Engineers, the Bureau of Land Management, the US Fish and Wildlife Service, the California Department of Fish and Wildlife, Regional Water Quality Control Board, California Division of Oil and Geot.hennaI Resources, and many county Planning agencies. He has also worked with many other federal, state and local agencies related to Emergency Oil Spill Response actin =ities throughout the U.S. His work inthe environmental an d safety fields has encompassed a variety of areas including natural resource damage ass essi ne tit, environmental and safety audits, habitat conservation plans, environmental permitting, worker safety, DOT pipeline safety, project management, emergency and ail spill response, and cultural resources. Kevin has managed awide variety of work ranging fro in projects involving all of the se areas as well as overseeing emergency and oil spill response planning, training, and drills, as well as, actual response activities. f���'Ic= -.i ...... .'jam• .. -1•. Project Manager for Taft Area Phase One* I Taft, California: Kevin served as Project Manager for Phase I Env iron inentaI Site Assessments for numerous clients and sites. Duties included developing scope and budget for projects, overseeing staff and budgets, conducting site visits, rev iewingreguIatory reports, agency and operator interviews, report preparation, and submittals. Sites included agricultural, industrial, commercial, and residential areas. • Project Manager for Sump Elimination Program* 1 Bakersfield, California: Kevin was the coordinator forthe environme tit ai sampling and monitoring of an underground storage tank and sump removal prograni. This work consisted of developing procedures and contracting plans forthe testing, excavating, and removal of variety of below grade sumps including buried tanks, earthen sumps, and lined pits. This included inspection of field removal procedures, soil and liquid sample collection, and communication of lab results with project engineers. This also included writing the scope of work, managing the budget, staff and subcontractor coordination, site visits, waste disposal, and record keeping of sample analysis. • Project Manager for Taft Area Burn Pit investigations* I Taft, California- Kevin was the Project Manager for the site assessment of three historical dump sites and burn pits outside of Taft, California. This included delineating the lateral and vertical extent of the sites. The project also included sample collection and analysis for avariety of hazardous and non - hazardous materials. The assessment also included archaeological ' and cultural resource surveys prior to any earth moving. County engineering files, aerial photos, and company drawings were researched to assist in the delineation. The approximate perimeter afeach site was mapped for the client. • Proj ect Manager for UST Exemption* I Bakersfield, California: Keviitwas the Project Manager for this project that involved assessing the re gulatory jurisdiction fora permitted UST, determiningifthe facility should actually be permitted (and comply with new UST regulations), and negoti at i ng w i t h the Kern County Environmental Health Department. Kevin uitimately negotiated sitccessfullywiththe Department to have the UST delisted, ack nowled ge d It y the Cou tit y as a wash pit, and not subject to LIST perinit requirements. g K4 I r rn L) ORIGINAL Pr oposol fo - V 5 En'-onm enfal Prorec!?on Agency Hrownhelai Gr orrt App, call on an:7:mf demen rolidn Assistance Kevin D. Malamma 2. Project Manager for Taft Area Phase One* I Taft, California: Kevin was the Project Manager for a Chevron Texaco Phase I ESA project covering 30 sites in and around the City of Taft, California. This project was a time - sensitive project requiring completion in less than two months. These sites covered a wide range ofcanditions, both present and historic operations. Kevin's duties included staff and budget oversight, site surveys, agency and document reviews, mapping, and report preparation and submittal. Reports were submitted in groups each week, on time and at Budget. Project Manager for Mar icopaArea Phase One, Environmental Site Ass essment`' I Maricopa, California: Kevin was the Project Manager for a ChevronTexaco Phase I Env iromnetztal Site Assessment for an 8,400 -acre site that spanned a 60- square -mile area along State Highway 166 east of Maricopa, California. The land covered a variety of sites including farming operations; oil and gas operations; and rural, undeveloped land. Kevin's duties included a wide range of activities from serving as Project Manager, conducting field visits, agettcy interviews, document reviews, preparing reports, and overseeing budget and stall'. Project Manager for Mar icopaArea Phase One, Potential. Mercury Exposur e I Maricopa, Cali €ornia: This project consists c developing and implementing sampling, monitoring, and personal protective procedures in an operatingoil field. Mercury was discovered in the production streams of wells in the Cymric area. Stantec's tasks are to determine what exposure I eve ts might be, where those exposures may occur, and what procedures were necessary to protect workers. This includes collecting personal and area air samples usingpersonal air sampling pumps as well as collecting real -time data using a mercury vapor analyzer. This also includes presenting it to company management and to company employees at field safety meetings. Kevin's duties include not only project management, but also conducting sampling and monitoring, developing the written reports, presenting information at safety meetings, and developing and implementing safe work procedures. This is an ongoing project. Project Manager for Buena Vista Nose Oil and Gas Develop ment] Kern County Cali fornia: Kevin served as the project manager for the development of the CEQA Initial Study /Mitigated Negative Declaration for the appraisal of the BV Nose 0 &G new field discovery in southern Kern County. Work on this project included overseeing the development of the CEQA IS /MND and the technical studies associated with the MND. Issues included negotiation of a Voluntary Emissions Reduction Agreement (VERA) For the project. It also included the application of the LESA model far impact to agriculture, as well as biological surveys for Blunt -nosed leopard lizards, Tipton kangaroo rats and San Joaquin kit fox. Kevin worked with CDFW to modify BNLL survey protocols to accommodate surveys along private property fencelines. The project also included trap and release to identify potential for Tipton kangaroo rats within the project footprint. Issues also included the development of the IS /MND to include Hydraulic Fracturing and the subsequent negotiations with DQGGR on that issue. The IS /MND was approved January 2014- Project Manager for Line 63 and Line 2000 Pipeline Assessment and Replacement I Angeles National Forest, California: Kevin served as Project Manager for the PA APL pipeline assessment and replacement projects on lines 63 and 2000. Work on these projects included the development ofbiologicaI ass essments /biologica1evaluat ion s, management indicator species reports for flora and fauna in the Angeles National Forest, permit packages for Army Corps of Engineers 404 permits, Regional Water Quality Control Board 401 Certifications, California Department of Fish and Game Streambed Alteration Notifications, as well as USFS and Angeles National Forest permits. The project included biological surveys for protected flora and fauna within the national forest and the preparation of mitigation and restoration plans to meet the AN requirements. Work also included field assessment of repair options, weekly meetings witli the client on permittingstrategies, field meetings with the client and a get icy representatives, and ❑verseei rig negotiations between the client and the agencies. The project also entailed the implementation and monitoring of the 3 -3 year restoration program. I I I I I I I I I 9� o� T � m ' � v ORIGINAL PACKET PG 291 I Slonlec Consultl ng Services inc 1 Appendix B: Indemnification and Insurance Stantee will secure and maintain Professional, Automobile, Worker's Compensation, and Commercial General Liability Insurance and ❑ccul.Tence form, of $]„000,000 for each occurrence. If selected, we will provide the City with certification for proofoIinsuraaoe. Printed on lOD °n Recycled Paper (3 Sta ntec Design with community in mir J EXHIBIT "C" SCOPE OF WORK EPA Brownfield Grant Applications & Program The scope of work involves the development of grant application (s) for the EPA Brownfield Grant Program. City Staff will administer the program while the PLANNING CONSULTANT completes the tasks and deliverables outlined in this Scope of Work. All Tasks and deliverables described within this Scope of Work are subject to the following overall provisions: 1. Several of the sub -tasks 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 (Le., 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. TASK 1: Develop and Submit EPA Brownfield Grant Application Develop and submit a grant application for the EPA Brownfield Assessment Grant to develop a comprehensive inventory of sites and assess the impact of hazardous substances and petroleum on inventoried properties. Expected activities performed in Task 1 will include: 1 -a. Demonstrate financial need and impact of Brownfields on disadvantaged populations with relevant demographic and economic data. 1 -b. Characterize and identify Brownfields in a preliminary inventory to demonstrate the community need. 1 -c. Document health impacts associated with the inventoried properties and their impact on the local community in order to demonstrate the need and potential benefit of assessment and cleanup. 1 -d. Identify and quantify direct and indirect financial impacts from Brownfield sites and provide specific, compelling examples or statistics that demonstrate financial impacts and other ongoing financial burdens. 1 -e. Develop a project scope to address Bakersfield's specific needs and tailored to meet redevelopment goals. 1 -f. Develop a comprehensive process for integrating community -based organizations, partner organizations, and stakeholders such as property owners, businesses, developers and key demographic groups info the grant application process. 1 -g. Working with City Staff to solicit and receive letters of support from local stakeholders and community organizations. 0�'KE EPA Brownfields Grant Program Page 1 of 4 a`` 9dT � m LJ d 11101117 CC AGENDA PACKET PG 294 1 -h. Ensure each section complies with all EPA requirements and addresses the reviewers' key points of concern in order to develop a complete application. Task 1 Deliverables: • Project Kick -off meeting • Project schedule and budget • Submit information request to City • One community outreach meeting • Complete grant application submitted by December 20, 2016 TASK 2: Grant Management and Reporting Develop a Cooperative Agreement (CA) Work Plan and any other California required documents in order to begin administering the program and prepare all EPA- required financial and technical reports and other deliverables. Task 2 Deliverables: • Cooperative Agreement (CA) Work Plan • Templates for EPA - required financial and technical reports TASK 3: Community Outreach and Involvement 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. Expected activities performed in Task 3 will include: 3 -a. Develop communication material such as press releases, project information sheets, and designed website materials compatible with the community's vision. 3 -b. Help the City establish a Brownfield Advisory Committee comprised of property owners, neighborhood groups, developers, and other key community stakeholders. 3 -c. Help coordinate public information events and ensure outreach efforts involve stakeholders, people who work and live in brownfield impacted areas, and sensitive populations such as minority, disabled, and low- income residents. Task 3 Deliverobles: • Community Outreach Strategy • Establish a Brownfield Advisory Committee and conduct regular meetings • Community meetings and public information events TASK 4: Site Inventory and Prioritization Develop a comprehensive inventory of brownfield sites and prioritize sites and focus areas that have the greatest opportunity to provide short- to mid -term community benefits. Establish prioritization criteria that include factors such as likelihood of environmental impacts, potential risk to human health and the environment, site eligibility, owner support, community support, redevelopment interest /potential and financial feasibility. Expected activities performed in Task 4 will include: EPA Brownfields Grant Program Page 2 of 4 ° r a nosC�4NAL 11101117 CC AGENDA PACKET PG 295 4 -a, The site inventory shall be developed with coordination with the City of Bakersfield's Geographic Information System (GIS) to produce an interface with existing resources, giving the inventory the opportunity to serve as a long -term planning tool. 4 -b. Use GIS to include information in the site inventory to acquire historical reference materials to identify and assess brownfield sites and potential environmental concerns. Task 4 Deliverables: • Meetings with City staff to develop inventory criteria and focus areas • Brownfield site inventory • GIS data with site inventory and other relevant information TASK 5: Environmental Site Assessments and duality Assurance Develop Phase I and 11 Environmental Site Assessments (ESA) on sites as identified and prioritized by the City incorporating all Federal and State standards, Develop a Quality Assurance Project Plan and Health and Safety Plans as required by the EPA. Expected activities performed in Task 5 will include: 5 -a. Develop Phase I ESA reports on sites identified and prioritized by the City. 5 -b. Develop required Quality Assurance Project Plans (QAPP) in accordance with all EPA requirements. 5 -c. Develop Site - Specific Sampling and Analysis Plans ( SSSAP) and Health and Safety Plans (HASP) in accordance with EPA requirements before Phase II testing begins. 5 -d. Develop Phase 11 site assessments in line with the City's interest in redeveloping the sites and future development plans. Task 5 Deliverables: • Phase I Environmental Site Assessments for inventoried properties that are in compliance with EPA requirements • EPA approved QAPP, SSSAP and HASP reports for identified sites • Phase I Environmental Site Assessments for high priority Brownfield sites TASK 6: Site Reuse and Area -Wide Planning Develop the site - specific studies and required plans to develop and plan for reuse and development of the sites. The studies and plans shall consider significant impacts, such as engineered barriers and/or institutional controls which are infeasible or insufficient as sale remedies. Expected activities performed in Task 6 will include: 6 -a. Develop Remedial Investigation /Feasibility Studies (RI /FS), Analysis of Brownfield Cleanup Alternatives (ABCA) and/or Cleanup Action Plans (CAPs) and incorporate cleanup activities where feasible. 6 -b. Conduct environmental cleanup planning at selected priority sites by establishing site - specific cleanup levels and other state /federal regulatory requirements, evaluating institutional and land engineering controls, developing an ABCA, and preparing detailed site - specific remedial action /cleanup plans. 6 -c. Clean -up options shall address implementation costs, available funding, development expectations, and reuse plans to ensure grant ready -sites for OAK, ,;q Ok EPA Brownfields Grant Program Page 3 of 4 0 0 nFOGINAL 11101117 CC AGENDA PACKET PG 296 future grant funding for cleanup and redevelopment. 6 -d. Develop area -wide planning that incorporates infrastructure analysis, land use planning, market research, real estate strategy, and other factors influencing the sites redevelopment and reuse. Task 6 Deliverables: • Remedial Investigation /Feasibility Studies (RI /FS), Analysis of Brownfield Cleanup Alternatives (ABCA) and/or Cleanup Action Plans (CAPs) • Area -wide Plan o Clean -up remediation strategies and options o Infrastructure analysis o Market feasibility study o Real estate strategy o Land use planning, reuse opportunities and recommendations EPA Brownfields Grant Program Page 4 of 4 � rt r 11101117 CC AGENDA PACKET PG 297 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Agreements f. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 9/21/2017 111-11 V 03 SUBJECT: Agreement with Forensics Nurse Specialist of Central California (not to exceed $300,000) for sexual assault examinations. STAFF RECOMMENDATION: Staff recommends the approval of the agreement. BACKGROUND: Since 2014, the Bakersfield Police Department (BPD) has utilized Forensics Nurse Specialists of Central California (FNSCC) to assist with the forensic investigation of reported sexual assaults. These investigations often require evidentiary examinations (collection of physical evidence, injury documentation, etc.) of victims and suspects for the purpose of prosecution. Exams of this nature are mandatory for the investigating law enforcement agency within the jurisdiction of the criminal offense. FNSCC responds to BPD requests for such exams quickly and typically provides service within 45 minutes. They also provide a dedicated room at Adventist Health Bakersfield which offers a private environment for individuals. In this capacity, FNSCC nurses provide expertise in the collection of evidence and are called on to testify on behalf of the People of the State of California as Subject Matter Experts (SME) during suspect prosecution. Nurses are also available 24 hours a day for consultation on any forensic evidence questions a BPD Detective might have. FNSCC is the only firm in the Bakersfield area that provides this combination of experience, facilities, expertise and timeliness. In August 2016, the City Council approved a one year agreement with FNSCC to provide the previously outlined services. The need for these services continues to exist and FNSCC continues to be the sole provider in the area that meets the combination of necessary skills to provide such services. Therefore, staff has negotiated a multi-year agreement for these services with FNSCC. As proposed, the agreement would carry a term of three years and a maximum not to exceed amount of $300,000. The costs for individual examination services are to remain at existing levels through the term of the agreement. Funding for this agreement is budgeted within the BPD operating budget. ATTACHMENTS: Description /kgireeirneint Type /kgireeirneint AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" herein), and FORENSICS NURSE SPECIALIST OF CENTRAL CALIFORNIA ( "CONTRACTOR" herein). RECITALS WHEREAS, on August 17, 2016, CITY entered into Agreement No. 16 -157, with CONTRACTOR whereby CONTRACTOR would assist Bakersfield Police Department (BPD) in the forensic investigation of reported sexual assaults; and WHEREAS, these investigations are a mandatory expense for BPD since they often require evidentiary examinations of victims and suspects for the purpose of prosecution; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of forensic evidence collection and examination; and WHEREAS, a new agreement between CITY and CONTRACTOR is required due to the expiration of Agreement No. 16 -157, NOW, THEREFORE, incorporating the foregoing recitals here, in, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: forensic evidence collection and examination of victims of sexual assault (including ALL sexual cases, acute and non - acute, which involve a child) and forensic evidence collection from suspects in accordance with Office of Emergency Services (OES) state protocols by qualified forensic examiners. Additionally, CONTRACTOR will provide an array of other services which include: DNA collection of 290 registrants, DUI blood collection, domestic violence examinations, chronic child sexual assault examinations, physical child abuse examinations, and death investigation examinations. All examinations will utilize digital cameras for photography on every case. A DVD of photographs will be made available to CITY at the time of the examination. Discussion of findings will be provided at the conclusion of each exam. Additional copies of photographs requested by other agencies such as the District Attorney's Office, defense attorney or any other agencies will need to be provided by the original Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 1 of 10 Pages -- authorizing law enforcement agency. CONTRACTOR also agrees to provide competent expert witness testimony in court when subpoenaed to be present. 1.1. Response time for requests for exams shall be within one hour. 1.2. Examinations will be conducted at San Joaquin Hospital 24 hours a day, seven days a week. 1.3. CONTRACTOR will provide two to four hours of training, semiannually, to all law enforcement personnel and detectives who have direct contact with victims of sexual assault and domestic violence at no extra cost. 1.4. 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. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement is based on the following fees per examination: Charge per victim (12 and older) $750.00 Charge per victim (non -acute 11 and younger over 120hrs) $550.00 Acute pediatric (under 12 years) $750.00 Additional follow -up with victim $250.00 If victim cancels or is a "no show" $150.00 Charge per suspect (if taken at same time as victim) Charge per suspect (if taken at later time) 290 DNA DUI Blood Collection Domestic Violence Victim Forensic Examination Chronic Child Sexual assault Examination (Over 120 hours after assault) Physical Child Abuse Examination Death Investigation Examination $500.00 $600.00 $150.00 $150.00 $300.00 $550.00 $300.00 $600.00 The compensation set forth in this section shall not exceed Three Hundred Thousand Dollars ($300,000) and is 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. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 2 of 10 Pages -- CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 3. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 5. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 6. 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. 7. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licenses or professional degrees. 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. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 10. EXHIBITS. In the event of a conflict between the terms, conditions or Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 3 of 10 Pages -- 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. TERM. This Agreement will be effective on the date this agreement is executed, and shall continue for the period of one (1) year. The term of this Agreement will be extended for two consecutive one -year periods unless either party terminates this Agreement as set forth below. 12. TERMINATION. This Agreement may be terminated by any party upon ninety (90) days written notice, served by mail or personal service, to all other parties. 13. 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. 14. 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. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 17. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 17.1. Automobile liability insurance, providing coverage on an Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 4 of 10 Pages -- 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: 17.1.1. Provide coverage for owned, non -owned and hired autos. 17.2. 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: 17.2.1. Provide contractual liability coverage for the terms of this Agreement. 17.2.2. Provide unlimited products and completed operations coverage. 17.2.3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.2.4. 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. 17.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.4. 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 Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 5 of 10 Pages -- CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 17.5. 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. 17.6. 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. 17.7. 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. 17.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 17.9. 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. 17.10. 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. 17.11. 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. Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 6 of 10 Pages -- 17.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 18. 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. 19. 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. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: FORENSICS NURSE SPECIALIST OF CENTRAL CALIFORNIA 7025 N. Chestnut, Suite 102 Fresno, California 93720 559 - 840 -1012 Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 7 of 10 Pages -- 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. 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. 24. 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. 25. 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. 26. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 27. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 28. CORPORATE AUTHORITY. Each individual signing this Agreement on Independent Contractor's Agreement C AUsers \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 8 of 10 Pages -- behalf of entities represents and warrants 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. 29. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 20- 2778188 CONTRACTOR is a corporation? Yes X No (Please check one.) 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 By: RICHARD IGER Deputy City Attorney Insurance: "CONTRACTOR" FORENSICS NURSE SPECIALIST OF CENTRAL CALIFORNIA By: Print Name: Title: SIGNATURES CONTINUE ON FOLLOWING PAGE Independent Contractor's Agreement C: \Users \fason Buxton W pp Data\ Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 \Forens I cs N u rseSpecl al IstCenlCA.docx -- Page 9 of 10 Pages -- APPROVED AS TO CONTENT: BAKERSFIELD POLICE DEPARTMENT LYLE D. MARTIN Chief of Police COUNTERSIGNED: NELSON SMITH Finance Director Rldsc Independent Contractor's Agreement C. \Users \fason buxton W pp Data \Local \M Icrosoft\WI ndows \I Ne ICache \Content.Outl ook \P5V E5PL 1 Torens I cs N u rseSpecl al IStCenICA.docx -- Page 10 of 10 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Agreements g. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 10/19/2017 iTiff-11 1.1 SUBJECT: Downtown Parking Study: 1. Agreement with Quantum Consulting ($49,790) for the Downtown Bakersfield Parking Study. 2. Appropriate $50,000 in Kern Council of Governments grant funds to the City Manager's Office Capital Improvement Budget within the Capital Outlay Fund. STAFF RECOMMENDATION: Staff recommends approval of the agreement and appropriation. BACKGROUND: In April 2017, the City Council adopted a new goal to utilize resources and partnerships to increase the population in the downtown area to 10,000 residents by 2030. Over the past several years, City staff has leveraged partnerships to engage in downtown enhancement projects such as the 24th Street Widening Project, Oak Street and Truxtun Avenue Widening Project, the High Speed Rail Area Plan, the Downtown Bakersfield Pedestrian Connectivity Project, the development of the final parcels along Mill Creek, and the Downtown Bakersfield Parking Study. These partnerships and investments in the community are anticipated to bring additional residents and visitors to the downtown area. In the effort to improve parking arrangements and identify parking efficiency opportunities in the downtown area, City staff collaborated with Kern Council of Governments (Kern COG) staff to identify a potential partnership and resource opportunities to develop the downtown parking study. In August 2017, the City Council approved an agreement with Kern COG to accept an amount not to exceed $50,000 for technical assistance in developing the study. In September 2017, the Kern COG Board approved the funding agreement. The primary focus of the Downtown Bakersfield Parking Study is to review existing parking conditions and to recommend parking infrastructure management and enforcement strategies. The project area includes the primary concentrated downtown area north of Truxtun Avenue to 24th Street and from F Street to Q Street. Firms were given the option to consider a second additive project area that would include evaluating conditions north of 24th Street to 28th Street and from F Street to ChesterAvenue. City staff issued a Request for Proposals (RFP) in September 2017. The RFP was advertised to over 40 traffic engineering and parking evaluation consultants. Two proposals were received from the following vendors in response to the RFP: • Quantum Quality Consulting • IBI Group An evaluation team comprised of staff from the City Manager's Office, Community Development, and Public Works Departments reviewed both applications. The proposal from Quantum Quality Consulting was selected as the most responsive to the RFP criteria. Considerations included the firm's experience in conducting parking studies, experience of key personnel, ability to incorporate the primary project area and the additive project area and cost. Quantum Quality Consulting submitted a competitive fee proposal that includes an evaluation of both the primary project area and the additive project area for an amount not to exceed $49,790. The scope of work includes deliverables such community outreach, evaluation of existing conditions, development of recommendations, a presentation to City Council, and a final report with recommendations. The study is to commence in early November and be completed no later than March 2018. Staff recommends approval of the agreement with Quantum Quality Consulting to complete the downtown parking study and the appropriation of grant funds from Kern COG. ATTACHMENTS: Description Type D (lialrItUrTI (liahty C0IrISUUIrIg /kgireeirneint /kgireeirneint AGREEMENT NO. CONSULTANT'S AGREEMENT This CONSULTANT'S AGREEMENT ( "Agreement ") is made and entered into on ( "Effective Date "), by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY ") and QUANTUM QUALITY CONSULTING, INC., a California corporation ( "CONSULTANT "). RECITALS WHEREAS, CITY is currently developing the Downtown Bakersfield Parking Study (the "Project "); and WHEREAS, since CITY does not have expertise currently on staff to complete the Project, CITY has issued a Request for Proposals ( "Request ") for those services; and WHEREAS, after reviewing the Request and being satisfied that it understands the Project's requirements, CONSULTANT has submitted a response to the Request, which includes a scope of work and cost proposal; and WHEREAS, CONSULTANT represents that it is experienced, well qualified, and a specialist in the field of traffic engineering as required for the Project and that all of its officers, partners, and /or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees; and WHEREAS, CONSULTANT also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the Scope of Work; and WHEREAS, based on these representations and all other representations made by CONSULTANT to CITY, CITY desires to retain CONSULTANT to perform the Scope of Work. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 1 of 12 CONSULTANT shall perform the following: Complete the scope of work described on the Request, attached hereto as Exhibit A and incorporated herein by this reference. ( "Scope of Work "). The Scope of Work shall include all items and procedures necessary to properly complete the task CONSULTANT has been hired to perform, whether specifically included in the Scope of Work or not. 2. COMPENSATION /PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONSULTANT as follows for performing the Scope of Work ( "Compensation "): A total, lump sum payment of $49,790 after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONSULTANT within 30 days after CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out -of- pocket costs and taxes. CITY will pay no other compensation to CONSULTANT. In no case will CITY compensate CONSULTANT more than $50,000 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2018. 4. TIME FOR COMPLETION. CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than March 31, 2018. 5. CONTRACT ADMINISTRATOR. CITY's Contract Administrator is: Brianna Carrier, Management Assistant City of Bakersfield 1600 Truxtun Avenue, 5th Floor Bakersfield, California 93301 Telephone: (661) 326 -3745 CONSULTANT's Project Manager shall be designated as: Frank Bigdeli, President 2720 Sepulveda Blvd. Suite 100 Torrance, CA 90505 Telephone: (310) 891 -3994 INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 2 of 12 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and CONSULTANT, respectively. 6. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 7. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT'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. 8. INDEPENDENT CONSULTANT. This Agreement calls for CONSULTANT's performance of the Scope of Work as an independent contractor. 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 CONSULTANT other than that of an independent contractor. 9. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 10. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 11. STARTING WORK. CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 12. KEY PERSONNEL. CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONSULTANT shall not change such personnel without CITY's written approval. INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 3 of 12 13. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein. 14. LICENSES. CONSULTANT 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 CONSULTANT to practice its profession and perform the Scope of Work. If CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. 15. CONFLICTS OF INTEREST. CONSULTANT hereby represents that both corporately and individually the firm and its employees and subcontractors: 15.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon CONSULTANT's performance of the Scope of Work; and 15.2 Are not currently, and will not be, employed by or under contract to any CONSULTANT who may be awarded the contract to construct the Project. 16. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONSULTANT's profession in California. 17. 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 INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 4 of 12 Department of Industrial Relations. 18. ACCEPTANCE OF WORK. CITY's acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement. 19. 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. 20. INSURANCE. 20.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ( "Basic Insurance Requirements "). 20.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence. 20.1.2 Automobile liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 20.1.3 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 $1,000,000 per occurrence. The policy must: 20.1.3.1 Provide contractual liability coverage for the terms of this Agreement; 20.1.3.2 Provide products and completed operations coverage; 20.1.3.3 Provide premises, operations, and mobile equipment coverage; and INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 5 of 12 20.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 20.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONSULTANT must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONSULTANT 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. 20.2 General Provisions Applyinq to All Insurance Types. 20.2.1 All policies required of CONSULTANT must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONSULTANT may utilize a self- insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self- insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 20.2.2 All policies required of CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 6 of 12 agents, employees, or designated volunteers and any insurance or self- insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONSULTANT's insurance and must not contribute with it. 20.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -: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 CITY in writing. 20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 20.2.5 Full compensation for all premiums which the CONSULTANT is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 20.2.6 It is further understood and agreed by CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONSULTANT in connection with this Agreement. 20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work 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 CONSULTANT, and all subcontractors must agree in writing to be bound by the provisions of this section. INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 7 of 12 21. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONSULTANT of third party claims relating to this Agreement. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of notification. 22. INDEMNITY. 22.1 CONSULTANT shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from 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 CONSULTANT's or CONSULTANT's employees, agents, independent CONSULTANTs, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 22.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, CONSULTANT shall indemnify, defend and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands, 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 CONSULTANT. 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. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT may have disclosed to it information of a legal and confidential nature, and INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 8 of 12 such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, 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 CONSULTANT prepares and confidential information given to CONSULTANT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. 25. ACCOUNTING RECORDS. CONSULTANT 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 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 made available to CITY representatives upon request at any time during regular business hours. 26. 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. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 29. 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. 30. 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. INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 9 of 12 31. 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. 32. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 33. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 34. 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. 35. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 36. 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 CONSULTANT: Frank Bigdeli, President QUANTUM QUALITY CONSULTING, INC. 2720 Sepulveda Blvd. Suite 100 Torrance, CA 90505 Telephone: (310) 891 -3994 37. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 10 of 12 38. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 39. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by CITY. 40. TAX NUMBERS. CONSULTANT's Federal Tax ID Number: 95- 4755484 CONSULTANT is a corporation? Yes X No (Please check one.) [Signatures on Following Page] INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: APPROVED AS TO CONTENT: CITY MANAGER'S OFFICE ALAN TANDY CITY MANAGER COUNTERSIGNED: NELSON SMITH Finance Director "CONSULTANT" QUANTUM QUALITY CONSULTING, INC. By: FRANK BIGDELI President Attachment: Exhibit A: Proposal Scope of Work INDEPENDENT CONSULTANT'S AGREEMENT - Over $40,000 C: \Users \Bcarrier \Desktop \Quantum Parking Agreement BC 10.23.Docx Updated - September 11, 2017 Page 12 of 12 Proposal for Downtown Bakersfield Parking Study Presented to: QC Quantum Quality Consulting, Inc. Consulting Engineering Services October 6, 2017 Brianna Carrier City of Bakersfield City Manager's Office 1600 Truxtun Avenue Bakersfield, CA 93301 RE: PROPOSAL FOR DOWNTOWN BAKERSFIELD PARKING STUDY Dear Ms. Carrier, Thank you for the opportunity to present our proposal to provide our traffic engineering services for the referenced Parking Studies for the City of Bakersfield. Quantum Consulting, Inc. is a full service civil and traffic engineering consulting firm exclusively serving municipal clients in Southern California for over 25 years. Because of our extensive and successful experience in performing similar services for other municipalities, we are uniquely qualified to provide the required services to successfully complete all tasks outlined and within the schedule of five months from the date of notice to proceed, in accordance with the RFP. The Quantum cadre is comprised of highly qualified professional engineers, traffic engineers, and support staff who are well versed in matters related to municipal engineering having served both as city staff and as consultants: • Experienced Principal in Charge I Principal in charge and primary contact, Frank Bigdeli, P.E., currently serves as the contract city /traffic engineer for the City of Gardena. He has also previously functioned as the contract city /traffic engineer for the cities of Lawndale and Azusa, and as public works director for the City of Hermosa Beach. He has more than 35 years of widely varied experience in the field of civil engineering and traffic engineering. • Qualified Traffic Engineer I Mr. Bijan Vaziri, P.T.E., is the proposed Traffic Engineer for the City of Bakersfield. He has more than 42 years of widely varied experience in the field of traffic engineering in various capacities as city staff and as consultant. He is currently the contract traffic engineer for the cities of Hermosa Beach and Lomita and has also served as the Traffic Engineer for 2720 Sepulveda Blvd. Suite 100, Torrance, CA 90505 P.310.891.3994- F.310.891.3995 Email: fbigdeli @thequantumconsulting.com www.thequantumconsulting.com 11101117 CC AGENDA PACKET PG 325 City of Bakersfield Parking Studies Services Page 2 over ten other municipalities. Mr. Vaziri is well versed in all matters related to traffic engineering including parking studies, signal design and operations, intersection design, traffic control plans for construction activities, traffic engineering operation, study and placement of traffic control devices, management of transportation CIP projects, transportation planning studies, traffic management programs, neighborhood traffic control, management of traffic signal system and the TOC. Moreover, by way of demonstrating his specific and vast previous similar experience as the proposed City of Bakersfield project, Mr. Vaziri recently retired as the city traffic engineer from the City of Beverly Hills where for over 30 years; he conducted, and administered over fifteen (15) comprehensive citywide parking studies and over 50 parking regulation studies for many residential and commercial blocks. • Experienced Staff to Support City Requirements I Quantum's team members have all managed and designed numerous traffic study and design projects so there is no "learning curve" associated with our services. We have read and understand the entire requirements as listed in the RFP and will perform accordingly and immediately upon the notice to proceed. We take pride in the fact that during our entire existence, Quantum Consulting has never been involved in any liabilities directly or indirectly attributed to our services. I have received and reviewed the sample Consultants Agreement Contract including the Indemnity clause which was sent to me with the City's RFP. 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 RFP. 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. This proposal is valid for a period of not less than 120 calendar days from the date of this submittal. Should you have any questions or comments please do not hesitate to contact us at your convenience. Sincerely, Frank Bigdeli, P.E. President f ffle STATEMENT OF QUALIFICATIONS CITY OF BAKERSFIELD PROPOSAL FOR DOWNTOWN BAKERSFIELD PARKING STUDY QUANTUM QUALIFICATIONS .......................................................................................... ..............................1 „Track Record" ........................................................................................................... ............................... 2 QualityAssurance ...................................................................................................... ............................... 2 QualityControl ........................................................................................................... ............................... 2 OurStrength .............................................................................................................. ............................... 2 PROJECT UNDERSTANDING AND APPROACH ................................................................. ..............................3 1. Looking into City's Perspectives: ........................................................................................................... 3 2. Our Approach to the Study: .................................................................................................................. 4 Project Area 1— Quantum Recommended Study Procedure ................................ ............................... 5 Project Area 2 — Quantum Recommended Study Procedure ................................ ............................... 8 3. Investigate Other Issues for Both Areas: ............................................................................................ 10 RELEVANT EXPERIENCE .................................................................................................. .............................11 REFERENCES................................................................................................................... .............................13 KEYPERSONNEL ............................................................................................................. .............................14 StaffResumes ......................................................................................................... .............................15 FrankBigdeli, P. E ................................................................................................ .............................15 BijanVaziri, P. T. E ................................................................................................ .............................17 LeslyCantarero .................................................................................................. .............................19 BUDGET AND COST ........................................................................................................ .............................20 CONTRACT DOCUMENTS ............................................................................................. ............................... 20 (3-4, 11101117 CC AGENDA PACKET PG 327 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY QUANTUM QUALRCATMS Quantum Consulting, Inc. is a California corporation licensed to provide full service civil engineering services located in Torrance. We have been privileged to provide municipal engineering services including parking studies, traffic engineering, transportation planning, program management, city engineering services, grant acquisition, project management, master planning, construction management and inspection, infrastructure design, project review and project design services. We possess the depth of experience and staffing to meet and exceed your expectations. Our team of professional engineers, designers, project managers, construction managers, inspectors, and support staff are well versed in matters related to municipal engineering having served both as city employees and consultants. • For over 25 years, Quantum Consulting has provided city engineering and public works administrative services; staff augmentation; civil engineering design services; traffic systems engineering, infrastructure planning services; construction management and inspection services; and CIP funding procurement and administrative services. • Over this period with Frank Bigdeli, P.E. Principal in Charge as lead, Quantum Consulting has also provided on -call traffic and transportation engineering services for many municipalities such as the Cities of Hermosa Beach, Lomita, Lawndale, Azusa, Gardena, Palmdale, Compton, and Lancaster where he has functioned as City Engineer /Director of Public Works. • Bijan Vaziri, P.T.E. is the proposed traffic engineer for the City of Bakersfield to conduct Parking studies. He recently retired as the city traffic engineer from the City of Beverly Hills where for 31 years; he conducted, and administered over fifteen (15) comprehensive citywide parking studies and over 50 parking regulation studies for many residential and commercial blocks. He is also the contract on -call traffic engineer for the cities of Hermosa Beach and Lomita. • We have provided coordinated project design and management with the County to implement the TSSP program to expedite traffic flow through multiple municipalities. • We have performed parking feasibility studies and demand /supply analysis. • We have conducted studies relating to traffic control devices such as stop and turn restrictions, geometric design and modification of roadways, Transportation planning and parking models, vehicular and pedestrian safety analysis and improvement projects. Q: QUANTUM CONSULTING 1 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY • We have provided peer review of traffic and transportation impact reports and EIRs to the following cities in recent years: Azusa, Carson, Compton, Culver City, Gardena, Hermosa Beach, Lawndale, La Puente, Newport Beach, Norwalk, and several others. • We have completed all of our previous projects on time and within budget. We continue to complete all of our services for all of our projects on time and within budget; to the satisfaction of the municipal management staff, council members, and the communities; ✓ Quantum has never asked for any additional fees from any client beyond our approved contract and; ✓ Quantum has not been involved in any legal actions against us or any of our municipal clients due to our services. Quafty Assurance The Quantum Consulting Quality Assurance Program prescribes and provides the framework for the Quality Control and Assurance System which is in place at Quantum, and serves as a permanent reference for all Quantum personnel to achieve the highest quality standard and Client satisfaction with our professional service requirements. Our management philosophy is to identify problems in advance to avoid lengthy and costly delays to the project. Our previous experience with the numerous municipal projects enables us to provide cost saving measures while maintaining the highest standards of quality. Our firm has the professional staff to provide independent review of projects throughout all phases of project management, construction management and inspection. A specific review protocol has been established that results in consistent project excellence. Our SLrengLh The Quantum Consulting team is comprised of professionals who have many years of experience both as City staff as well as private consultants. As such, each possesses deep understanding of the way the capital improvements design and construction process works. This experience and understanding will be applied to each engineering project assigned by the City of Bakersfield to Quantum Consulting. Our staff has current engineering experience for several projects in design, under construction and recently completed. Our proposed City team of professional engineers, and support staff are well versed in matters related to municipal engineering based on their consulting and city experience. Q: QUANTUM CONSULTING STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY PROJECT UNDERSTANDMG AND APPROA0 ,,,,i Quantum understands that the City of Bakersfield is looking for a qualified consultant to provide a comprehensive parking studies of the downtown area. We are prepared to review existing parking conditions, policies, and enforcement mechanisms, and provide recommendations to improve parking infrastructure, enforcement and management. Quantum Consulting is prepared to provide all items listed in the scope of work in the City's RFP. We will maintain close communications with the City representative and provide all required personnel, materials, and equipment required under the Agreement. Our philosophy is to apply the resources, talent, and high standards of quality and problem identification in advance to provide excellence of project design and project management. Our approach is to resolve issues proactively regardless of source. This consistent approach has led to numerous successful projects. We will perform in accordance with the scope of services prepared for the City of Bakersfield. IIII � oo � oo � ooh I III ) C oo C ® .............................................i"11.................................................. ............................... �L................... ............................... a. Based on collected information, Quantum will investigate the feasibilities of formation of parking zones and recommend policies for pricing strategies for structures (lots) and on- street parking. Q: QUANTUM CONSULTING STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY b. Based on collected data and our firm's experience, Quantum will recommend optimization strategies for enforcement of parking regulations, maintenance including, re- striping and markings, new signage and parking revenue management. c. With coordination and cooperation with the City's Police Department, Quantum will develop agreeable and feasible recommendations, strategies, priorities and training tactics to a better and more effective enforcement including the use of a more advanced tools and parking meters. d. Based on collected data and our experience with similar issues in other jurisdictions, Quantum will conduct a feasibility study regarding options to integrate private facility parking for public use. Z! 9 M.E ............. a. n. m........... h ....... .........�..................... a) Review of the existing Parking Conditions, Inventory availability, parking rates, utilization, turnover, and duration for: (a) Existing City parking garage — (b)On- street parking locations — (c) Private or non -City operated government parking lots and garages. b) Reviewing the conditions of existing public and private parking. c) Analysis of parking demand during peak and non -peak periods. d) Reviewing the adequacy of special use parking, including handicapped and commercial deliveries. e) Conduct outreach to local relevant stakeholders such as property owners, businesses, and organizations to relay general information and solicit feedback. f) Develop recommendations for parking infrastructure and management. g) Recommend parking zone management policies and pricing strategies for public lots, garage (owned by the City), and on- street parking. h) Project oversight and optimization for enforcement, maintenance, collection and parking revenue reconciliation. i) Working with the Police Department, develop strategies and guidelines for enhanced parking enforcement, including implementation of enforcement technology, as appropriate, and training of enforcement staff in the use of the new systems and the priorities for successful enforcement. j) Options to integrate private facility parking for public use Information to be provided by the City of Bakersfield. k) Quantum will coordinate with the City Manager's Office staff regarding schedule, deliverables, and the scope of work. The consultant shall host a minimum of one in- person scoping meeting with City staff and additional phone /webinar benchmark update meetings as deemed necessary. (T QUANTUM CONSULTING STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY 1) Quantum will facilitate a minimum of one community meeting that is targeted to downtown residents, community organizations, merchants and businesses. The consultant shall also develop and conduct a community survey on the downtown parking system. m) Quantum will prepare a draft report for review prior to finalizing the report. A final report shall be provided in printed and digital formats. An in- person summary presentation to the City Council will be required. Note: City staff has made the determination that this study is exempt from the California Environmental Quality Act (CEQA) under Section 15262 Feasibility and Planning Studies. CEQA analysis need not be included in this proposal. f) anturn IIecornrnended Stu f)rocedure Z.— sees, z z r = s AREA 1 r r� Akkw r � >>u tM IWf 01'V1i6 '(AWN VWgW hiM6W is, ' b...'we 0, a b WW 'm www um� �m �m� aw ,wv "W W - - - a op *0 a 'aw pa, a a 01 upWW AN in W 'Hirt mmm �mw mms�. amm .aa Q: QUANTUM CONSULTING 5 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Gene1r 11 F°iroced uir . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. Identify, map out City blocks by an organized numbering system. We have identified about 88 blocks within Area 1. We will prepare a master list for each corner of these 88 blocks identifying parking regulations (including indicating "no regulations "), parking signs descriptions, street block culture, curb markings, traffic signs, driveways and any other pertaining information and notes. b. Identify the busiest day(s) of the week and the weekend for each parking lot and area. c. Schedule inventory counts at the beginning of each hour of the operation for two weekdays and a weekend (Saturday or Sunday if desired by the City). d. Conduct Peak hour driveway counts, especially for public and private parking structures driveways. e. Repeat this process for highest activity month of the year if found necessary per city's direction. f. Identify the type of the users (Visitors, Business or Residents including disabled spaces /activities). g. Seek permission to conduct inventories and studies on private lots or request the owners to provide available data. h. Summarize the findings for the preparation of the draft and final reports. B, "Sllllltlll,llulll,,"clllll",,y Of CJlltllly Z g O it u r u ii r° it 11 f ii r fir a. Identify the list, description and parking capacity of all buildings -open lots within the study area. b. Seek permission to conduct an hourly inventory and /or driveway counts. c. Conduct an hourly parking inventory for one full "weekday" and a Saturday if required by the City. d. Request for available information if access to the site found to be problematic. e. Identify the type of users such as visitors, employees, clients etc. f. Repeat this process for the highest month of the year if necessary. g. Conduct peak hour driveway counts to supplement the inventory. h. Summarize the findings to compile the draft reports. a. Identify all the on- street parking areas by street and blocks and side of the street (approximately 88 blocks excluding alleys for area one). b. Conduct a walking inventory of all metered, non - metered, loading, handicapped, street cleaning, parking regulations including the time and date of inventory. Q: QUANTUM CONSULTING STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY c. Repeat the inventory if possible by driving car techniques and identify the supply vs demand, for hours of the day. This could include a busy weekday from early morning to late evening and a Saturday or Sunday. d. Conduct an additional field study of parking layouts, unusual situations, curb painting measurements and parking lane width measurements and parallel and diagonal parking design feasibility. e. Summarize inventories and field observations and inconsistencies. f. Prepare the inclusion of collected data to the draft reports. g. Survey all on- street parking restrictions (white, green, yellow and red zones and street sweeping restrictions) to recommend whether the restrictions can or should be revised. h. As a part of coordination meetings with the City representative team and public outreach, feasibility of new proposals will be discussed seeking City approval with further studies and evaluation including the establishment of a test block. i. As directed by the city, Quantum will develop potential parking management strategies and recommendations, including recommend parking management and pricing strategies for public parking lots or garages (owned by the City) and on- street parking, consider options to integrate private facility parking for public use and developing transportation demand management strategies based on discussions with City staff and public outreach meeting. j. Make any recommendations deemed warranted based on the data analyzed. Q: QUANTUM CONSULTING C STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY k. Based on our experience elsewhere, we have already identified potential recommendations for the City of Bakersfield in the area of Parking Management. Upon further data collection, these recommendations will be presented to the City in a format of a tool box. �f)roject Area antur m lIecornrnended Stu f)rocedure Gene141 F°iroced uir a. Identify, map out City blocks by an organized numbering system. We have identified about 20 blocks within Area 2. We will prepare a master list for each sides of these 20 blocks identifying parking regulations (including no regulations), parking signs descriptions, street culture, curb markings, traffic signs, driveways and any other pertaining information and notes. b. Identify the busiest day(s) of the week and the weekend for each parking lot. c. Schedule inventory counts at the beginning of each hour of the operation for two weekdays and a weekend (Saturday or Sunday). d. Conduct Peak hour driveway counts, especially for public and private parking structures driveways. Q: QUANTUM CONSULTING 8 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY e. Repeat this process for highest activity month of the year if found necessary per city's direction. f. Identify the type of the users (Visitors, Business or Residents including disabled spaces /activities). g. Seek permission to conduct similar studies for private lots or request the owners to provide available data. Our experience indicates that if we provide a copy of data collected to the owners of private lots, they would be usually very cooperative in allowing site access. h. Summarize the findings for the preparation of the draft and final reports. Foc a fn g] EE vately QwDre l Ege[l In gene e a. Identify the list and description and parking capacity of all buildings within the study area. b. Seek information about hourly use and seek permission to conduct an hourly parking inventory for one full "weekday. c. Request for available information if access to the site found to be an issue. d. Identify the type of users such as visitors, employees, clients etc. e. Repeat this process for the highest month of the year if necessary. f. Conduct peak hour driveway counts to supplement the inventory. g. Summarize the findings to compile the draft reports. C Foc a fnp_ Studv of On-Stireet Flairk np a. Identify all the on- street parking areas by street and blocks and side of the street (approximately 20 blocks excluding alleys for area two). Q: QUANTUM CONSULTING STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY b. Conduct a walking inventory of all metered, non - metered, loading, handicapped, street cleaning, parking regulations including the time and date of inventory. c. Repeat the inventory if possible by driving car techniques and identify the supply vs demand, for hours of the day. d. Conduct an additional field study of parking layouts, unusual situations, curb painting measurements and parking lane width measurements and parallel and diagonal parking design feasibility. e. Summarize inventories and field observations and inconsistencies. f. Prepare the inclusion of collected data to the draft reports. . kivesflgg!j,g g1bg IIII ssues for 1111� oth Areas: As a part of coordination meetings with the City representative team and public outreach, feasibility of new proposals will be discussed seeking City's approval with further studies and evaluation including the establishment of a test block. Based on our experience elsewhere, we will identify potential recommendations for the City of Bakersfield in the area of Parking Management. Upon further data collection, these recommendations will be presented to the City in a format of a tool box. Quantum will conduct a comprehensive review of public parking management strategies, practices and opportunities, including an examination of how to protect the integrity of parking for all existing residential buildings. Quantum will consider all existing standards as part of this effort. Specific tasks to be undertaken include: Q: QUANTUM CONSULTING 10 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY a. Identify potential benefits and challenges related to integrating parking and multi -modal transportation system. b. Identify funding, financing, and revenue sharing opportunities. c. Make any recommendations deemed warranted based on the data analyzed. RELEVANT EXPEMENCE The following represent some of the projects for which Quantum Consulting has provided Traffic and Parking Engineering services over the past few years. These projects demonstrate the experience of our staff that encompasses all aspects of professional consulting services as delineated in RFP. On -Call Traffic Engineering Services City of Hermosa Beach On -Call Traffic Engineering Services Quantum continues to perform traffic engineering services for the preparation of citywide engineering and traffic surveys and traffic impact analysis report for the City of Hermosa Beach. Quantum is required to review traffic signal plans at 10 major intersections and recommend safety improvements. Quantum performs traffic engineering services for the preparation of citywide engineering and transportation studies City of Gardena and traffic impact analysis reports for the City of Gardena. On -Call Traffic Quantum consulting performs on -call traffic engineering services Engineering Services to include services related to EIR for various new developments City of Lomita for the City of Lomita Community Development Department. Streets and Alleys Our Transportation Engineer initiated this task in 1987 and 20 Masterplan Upgrade years later provided update based on many year enforcement of City of Beverly Hills the plan. • 1987 and 2007 General Plan update Our Transportation Engineer revamped the transportation City of Beverly Hills chapter of the City's General plan in 2009 with the assistant of 2009 Rincon Ltd. This lead to the adoption of the General Plan as an enforcement document in addition to being a policy document. Review of EIR- Cider Sinai Medical Complex Expansion Plan — Los Angeles Transportation Element 20th Fox Expansion — Culver City 1985-2016 Century City Plaza Hotel — Century City Museum of Tolerance — Los Angeles Q: QUANTUM CONSULTING 11 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Review of EIR- Metro Purple Line Expansion to the Sea — Los Angeles Transportation Element 76 story commercial building at Constellation Ave. — Beverly Hills 1985-2016 Barney's and Sack's — Century City (Continued) 5th Ave Department Stores, Montage, Beverly Hilton, Beverly Hills Hotels Expansion — Beverly Hills Wilshire Boulevard Peak Hour Bus Lanes in Los Angeles West Hollywood Sunset General Plan and at least 20 more EIRS. Traffic Studies Prepared and reviewed traffic impact reports and studies for 1985 — Present more than 50 commercial developments, more than 30 multifamily developments, and 5 governmental and educational developments and in excess of 20 Capital improvements projects generated by local governments of the Cities of Beverly Hills, Los Angles, Culver City, West Hollywood and Santa Monica. Data Collection and Conducted Traffic volume counts, developments in and out Studies driveway counts sorted by land -use and vehicle types, trip 1985 — Present generation studies , trip assignment allocation studies, annual traffic growth studies, transit boarding counts, pedestrian counts and generation studies, Bicycle lane demand studies, truck volume counts, Traffic Index studies , traffic safety, stop sign compliance, red light running, crosswalk compliance studies. Circulation Analysis & Reviewed the EIR /Circulation elements, conducted additional EIR for City of Los studies and provided comments & conditions to approve the EIR Angeles for 200 -room La Cienega Hotel. This project lasted for two months and included working with the City of Los Angeles and Planning Commission. Q: QUANTUM CONSULTING 1 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY REFERENCES The following is a partial list of references provided in accordance with the City of La Mirada RFP. Additional references will be provided upon request. Jly.pf.p to Alicia Velasco, Principal Planner Telephone Number: (310) 325 -7110 x 122 Email: a.velasco @lomitacity.com Program: On -Call Traffic Engineering Services. We provide on -call traffic engineering services in support of the City of Lomita Community Development Department. Services vary from review of traffic impact studies and parking studies for various development and redevelopment projects. ..ty..... f......E. .2.......0 h. Andrew Brozyna, P.E. Former City of Hermosa Beach Public Works Director Deputy Public Works Director, City of Berkeley Telephone Number: (510) 981 -6300 Email: abrozyna @cityofberkeley.info 2180 Milvia Street, Berkeley, CA 94704 Program: On -Call Traffic Engineering Services. We provide on -call traffic engineering services in support of the City of Hermosa Beach, Public Works Department. Services vary from review of traffic impact studies and parking studies for various development and redevelopment projects. i,ly,,,,, f,,, 92.[ 4912.2 Joseph Cruz, Public Works Director Telephone Number: (310) 217 -9643 Email: jcruz @ci.gardena.ca.us Address: 1717 W. 162nd St., Gardena, CA 90247 Program: On -Call Traffic Engineering Services. We provide on -call traffic engineering services in support of the City of Gardena, Public Works Department. Services vary from review of traffic impact studies and parking studies for various development and redevelopment projects. Q: QUANTUM CONSULTING 13 Staff Resurnes f� Education ➢ M.S. Civil Engineering, Old Dominion University ➢ B.S. Civil Engineering, Old Dominion University Years of Experience ➢ 35 Registration ➢ Registered Civil Engineer, CA Civil No. 51973 Professional Affiliations Included ➢ American Society of Civil Engineers (ASCE) ➢ American Public Works Association (APWA) ➢ National Society of Professional Engineers (NSPE) ➢ American Water Works Association (AWWA) ➢ Los Angeles County City and County Engineers Association STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Mr. Bigdeli has over 35 years of experience in the management of public works projects in various capacities. He is currently the contract City /Traffic Engineer for the City of Gardena and has served as the contract City /Traffic Engineer for the City of Azusa, and Lancaster and the contract Public Works Director and City /Traffic Engineer for the City of Lawndale and Hermosa Beach. He has also served as the consulting CIP manager for the City of Hermosa Beach and the Culver City Redevelopment Agency. Additionally, he managed projects for many cities in Southern California such as the Hawthorne Boulevard Revitalization Project and the Lawndale City Hall Improvements Project for the City of Lawndale. He was the principal in charge of the six sewer bond improvement projects which Quantum developed from the Citywide Wastewater model and Master Plan for the Public Works Department of the City of Compton and was in charge of the Water System Master Plan for the Municipal Water Department and the resultant project designs including a new municipal water well with treatment facilities, buildings and pumping systems. He has worked extensively with multiple funding sources, local, State, Federal, bonds and propositions and Measure R to develop projects for the Cities for which Quantum provides services. He provides compliance oversight for the implementation of the projects which are developed. Hawthorne Boulevard Revitalization Project, Lawndale, CA Through a grant from MTA the City of Lawndale under the direction of Frank Bigdeli, P.E. completed a revitalization project of a two -mile stretch of Hawthorne Boulevard which included improvements to intersections, traffic signals, pavement, sidewalks, medians, landscape and streetscape. Quantum Quality Consulting provided project services to obtain the MTA grant, prepared conceptual design, design, and formulated and implemented a community awareness program for this project. Q: QUANTUM CONSULTING 15 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Highway Safety Improvement Program, Gardena, CA Mr. Bigdeli's team provided the initial traffic engineering study for the Highway Safety Improvement Program HSIP. These efforts have resulted in a total funding allocation of over $567,000 for the City of Gardena. This grant funded the Rosecrans Ave /Purche Ave Traffic Signal Improvement Project. We are continuing to provide project management services implementing the solicitation of design services, performing design review and constructability review and value engineering. Foothill /Alameda Intersection Improvements, Azusa, CA Mr. Bigdeli directed the Quantum team providing intersection evaluation and design services and construction management for the intersection improvements at the Foothill Boulevard /Alameda Street in Downtown Azusa. This work involved a new pedestrian island, a new crosswalk, access ramps and a new pedestrian actuated traffic signal. Measure R Projects, Gardena, CA Quantum continues to perform program management services to the City of Gardena for all Measure R projects. Mr. Bigdeli's team provided traffic signal evaluation for the development of this project and then the Quantum team provided grant research, grant writing services, and continues to provide grant administrative services. These efforts have resulted in a total funding allocation of over $20 Million for the City of Gardena. Of that amount, $8,165,000 is under contract with Metro for three arterial projects. We are continuing to provide project management services implementing the solicitation of design services, performing design review and constructability review and value engineering. Citrus Crossing /Citrus Avenue Pedestrian Access and Improvements and Streetscape, Azusa, CA Under Mr. Bigdeli's direction, Quantum provided design and construction inspection for new intersection upgrades, pedestrian improvements with reconfigurations on the Citrus Avenue and Foothill frontages of the Citrus Crossing retail center development. The intersection was upgrades with full ADA access, pedestrian signal control, and coordination with the Los Angeles County TSSP (Traffic flow system). Sidewalk and Pedestrian Safety Improvements, Lomita, CA We completed the Citywide Sidewalk and Pedestrian Safety Improvements design and construction management for the City of Lomita. Quantum provided engineering design, construction management and inspection services under Mr. Bigdeli's direction. The work consisted of new signage, radar speed control signage, concrete sidewalks, curb ramps per ADA, curb and gutter, removal and replacement of trees, intersection striping and signage installation at various locations throughout the City of Lomita. The construction cost for this project was $220,000. On behalf of the City of Lomita and the City Council, we received a letter from the Public Works Director informing us that they are very pleased with the work Q: QUANTUM CONSULTING 16 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY that our team has done on this project. Vermont Avenue Street Improvement, Gardena, CA Quantum Consulting provided engineering design, construction management and construction inspection services. Quantum Consulting prepared full PS &E for street and intersection rehabilitation improvements to Vermont Avenue from El Segundo Boulevard to Rosecrans Avenue. Project included AC paving, new Sidewalks, planting new trees, striping and traffic signs. Education ➢ M.S. Civil- Traffic Engineering, USC ➢ B.S. Civil Engineering, University of New Mexico - Albuquerque Years of Experience ➢ 42 Registration ➢ Professional Traffic Engineer, CA TR No. 2076 Professional Affiliations Included ➢ Institute of Transportation Engineers ➢ Examination Division Department of Consumer Affairs Throughout his career of service, Mr. Vaziri has been responsible for the management, direction, and coordination of municipal traffic engineering and parking management activities of city traffic plans, traffic projects, capital Improvement programs related to traffic and parking and transportation planning. Mr. Vaziri has 42 years of experience in Transportation Engineering including 31 years as a City Traffic Engineer for the City of Beverly Hills prior to his retirement in 2016. In Beverly Hills, he gained extensive experience in parking management as described below. As a part of Quantum team, he conducts peer review for Quantum Consulting traffic and parking projects as well as the review of traffic control plans and traffic signal plans. Mr. Vaziri is also experienced with the submission of the CMP study and reports, has submitted "12" Call for Project funding applications and has received "9" projects approved and funded from LACMTA and Caltrans. City Traffic Engineer, City of Beverly Hills (1985 -2016) Mr. Vaziri has conducted a number of parking studies for commercial, multifamily and industrial developments. He has conducted a detailed study of Beverly Hills downtown on- street parking regulations and operation leading to the expansion of hours of operation and maximizing the use and the revenue for on- street parking. He was part of the team who recommended the establishment of "2 hours free parking" policy for City's structures leading to the increase of commercial activities and tourism and considerable increase of revenues specially, during poor economy years of 2004 -2009. He has administered and reviewed parking studies pertaining to the In -lieu parking program when developers finance City parking constructions. He has established over 50 residential permit parking zones and districts in Q: QUANTUM CONSULTING 17 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Beverly Hills. He has converted a number of streets with parallel parking designs to diagonal layouts and parking cut -outs, modified the dimensions of on- street parking meters from 20 feet plus 8 feet red curb to a total of 22 feet resulting in increase of parking supply, established a number of passenger and goods loading zones, has reviewed many private parking structures layouts and has provided flexibilities with the minimum parking standards resulting in more spaces and shared parking policies including tandem parking and assisted and valet operation. As a part of his duties as a City Traffic Engineer has reviewed traffic Engineering and Transportation Planning studies, safety studies, parking studies, Traffic Impact Reports, EIR- Circulation, volume- speed -delay studies, signal design and operation and signal network administration, traffic flow improvements in select corridors of the City. Managed a number of Capital Improvement projects. Provided review of speed control, parking regulations, striping, signage, and traffic calming and procured many Local and Federal funding opportunities for transportation projects. Review traffic impact report, City of Lomita, CA A complete review (scope proposal- Traffic Impact report- Revisions) of proposed 220 -unit condominium apartments located at the corner of Crenshaw and Lomita Boulevards. Review Major Project Traffic Control Designs, Gardena, CA Mr. Vaziri provided signalization and striping review for the Quantum Program Management of the Measure R projects to upgrade arterial routes through the City. He provided the in- house traffic control review for these Measure R arterial projects in multiple locations in the City. Traffic Calming Components, City of Azusa, CA Responsible for the traffic calming elements and intersection design of Quantum project work at the City. Reviewed the traffic control for the projects which Quantum managed. Reviewed accident data and provided analysis to determine warrant justification. Traffic Organization, Senior Traffic Engineer, Tehran (76 -84) Engineer in charge of Traffic Operation Division, representing the organization in the City's Planning Commission. Involvement in the design of City's Freeway and Arterial System, transit network, and traffic management plan for a city of 12 Million plus population. Assistant Transportation Engineer, Consultant firm of Linscott, Law and Greenspan (73 -76) Prepared traffic impact studies- Prepared parking analysis studies - Conducted field data collection- prepared reports and presentation diagrams. Q: QUANTUM CONSULTING 18 Education ➢ B.S. Civil Engineering, University of California, Irvine Professional Affiliations Included ➢ American Society of Civil Engineers (ASCE) STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY Ms. Cantarero is a recent graduate of the University of California at Irvine. She is now applying her skills to the design of current Quantum Projects. She is also working on the Construction Management of our projects in South Orange County. She is gaining civil engineering experience while providing positive impact on the projects which are underway. Her civil engineering responsibility includes engineering design, drafting, construction management oversight, report evaluation and sewer /storm drainage management planning. As an associate engineer at Quantum, she has worked on providing traffic control for the City of Torrance's new storm drain system within a commercial, arterial and a residential area. She is currently providing engineering design services for the City of Manhattan Beach sewer replacement and restoration project. She is also providing site review for the project. She is a part of the sewer management plan audit team. Purche Avenue Storm Drain Design, Torrance, CA Ms. Cantarero provided design plans for the addition of a storm drain system from 185th Street to Purche Avenue to 182nd Street. The residential and commercial areas were at risk due to flooding. The project design included a new sewer for the area and inclusion of a new 24 -inch raw water main through the area. The design consisted of removal of an existing Caltrans facility which was inoperable. The design included implementing various pipe sizes to adequately drain the area while having minimum depth and fall. Sewer Main Replacement Project, Manhattan Beach, CA Ms. Cantarero is currently providing engineering design services for City of Manhattan Beach's sewer replacement, rehabilitation, and point repair project. The project consists of preparing plans for each of the ten project locations by utilizing waste water master plans, City record drawings, new survey and reviewing CCTV inspections with documentation and drawings. Sewer Management Plan Update and Audit, Manhattan Beach CA She is part of the team performing the required sewer management plan 5 -year update and audit for the City of Manhattan Beach. We are examining the City management plan, verifying the performance of the maintenance department and the adequacy of the operations and forecasts of future conditions. Q: QUANTUM CONSULTING 19 STATEMENT OF QUALIFICATIONS DOWNTOWN BAKERSFIELD PARKING STUDY City of Gardena Sewer Master Plan, Gardena CA: Participated as part of the team which performed the recent system -wide Sewer Master Plan for the City of Gardena Public Works Department. This study formulated a 10 -year capital improvements program for the City's sewer system. The sewer system consists of 88 miles of piping, primarily vitrified clay pipe (VCP) and ranging in sizes from 6" to 18 ", and over 1500 manholes. In this Master Plan, Quantum completed, we built a digitized citywide program. Construction Administrator, Portola Parkway Widening, Lake Forest, CA: She is working with the construction manager of the widening project on the major arterial which crosses under the 241 Caltrans managed toll road. The project includes signal work, new medians, widening of the 6 -lane roadway to include additional turn lanes, lighting, landscape and irrigation, and roadway improvements at four intersections. Engineer, Manager, SCADA System Upgrades City of Manhattan Beach, CA: Working with the Quantum project designer and consultant Computer Automation Design she is undertaking the development of project plans and specifications for twenty -one sites for upgrading the SCADA system to control the citywide pump stations for water, sewer and storm drain facilities. STATEMENT OF MURANCE Quantum Consulting meets, exceed and carries all insurance coverage, as required by the RFP. Quantum Consulting carries two million dollars Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers Compensation Insurance. UDGET AND COST The Fee Schedule with a Total Not -to- Exceed Cost for both Area 1 and Area 2 are included in a separate envelope with hourly rates attached. CONTRACT DOCUMENTS Attached is the signed draft City of Bakersfield agreement, as required by the RFP to indicate that we take no exception to the terms specified. Q: QUANTUM CONSULTING 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney (NAME & TITLE) Insurance: APPROVED AS TO CONTENT: CITY DEPARTMENT NAME By: DEPARTMENT HEAD NAME TITLE COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit "CONTRACTOR" By: Print Name: Frank Bigdeli Title: President I have received and reviewed the sample Consultants Agreement Contract including the Indemnity clause which was sent to me with the City's RFP. 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 RFP. This acceptance is made with the understanding that the Compensation and "Time of Completion" clauses will be modified to contain the amounts and dates established for this contract. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \Brianna Carrier \Downtown Parking Study RFP Examples \Independent -K -Over $40,000.Docx Updated- September 11, 2017 Page 11 of 11 October 6, 2017 Brianna Carrier City of Bakersfield City Manager's Office 1600 Truxtun Avenue Bakersfield, CA 93301 RE: F, r p,un &,h -_ ' e�l r1 Dear Ms. Carrier, d ii(:i' "�j`� 1 `3: Thank you for the opportunity to Present our qualifications for consideration. We are pleased to submit our Fee Schedule to the City of Bakersfield to conduct parking study services for the Downtown Bakersfield area. The person signing the proposal is entitled to represent the Consultant, empowered to submit the bid, and authorized to sign an agreement with the City of Bakersfield The total combined fee for Area I and Area 2 is $49,790 per the attached detailed fee schedules. We look forward to working with you and your staff. Please let us know if you have any questions, comments or if we may be of any further assistance. Sincerely, Frank Bigdeli, P.E. President Attachments: Fee Schedule —Area 1 Fee Schedule —Area 2 Hourly Rates ?720 Sepulvecia B'vd. Suite 100, Torrance, CA 90505 ^ ^ , nom' "jU'= ' tu' Iiconsui`dng.com, A October 6, 2017 Fee Proposal too- Conducting ParrUing Steady in Downtown BafterrafeeW - Area II TASK BREAKDOWN Principal Traffic Engineer Engineering Associate Fees Hourly Rates 250 25 185 Initial Kick Off Meeting 2 2 2 $ 860 Field Data Collection 0 80 80 $ 14,400 Preparation of Draft Report 0 40 32 $ 6,520 Revise per staff comment- PD meeting 0 16 16 $ 2,880 Pre - public outreach meeting - meeting with staff 0 4 4 $ 720 Public Outreach 2 4 4 $ 1,220 Final Report presentation meeting 2 2 2 $ 860 Revise per staff comment- additional field review 2 16 16 $ 3,380 Lulbtotal 8 164 156 $ 30,840 Total Not to Exceed Fee S L0 840 Notes: 1. The tasks indicated reflect those in the scope of services. 2. The fees are inclusive of telephone, fax, mail and travel costs. 3. All printing beyond the original scope of work will be at cost plus 5 %. 4. City of Bakersfield to provide access to applicable records. 5. Project limited to tasks shown. Any additional services will be based on the hourly rate shown. 1 .Lon�il:3J'n f� g .;fa tie , 'onSd - c =njn- ,-rno. Services nP ti October 6, 2597 Fee ProposaO for Conducting Pavhing Study On Downtown BakerefOegd - A°, Pea 2 TASK BREAKDOWN Principal Traffic Engineer Engineering Associate Fees Hourly Rates 250 195 L85 Area 2 - Kick Off Meeting 2 2 2 $ 860 Field Data Collection 0 32 32 $ 5,760 Preparation of Draft Report 0 24 24 $ 4,320 Revise per staff comment- PD meeting 0 10 16 $ 2,310 Pre - public outreach meeting - meeting with staff 0 4 4 $ 720 Public Outreach 2 4 8 $ 1,560 Final Report presentation meeting 2 2 2 $ 860 Revise per staff comment- additional field review 1 10 16 $ 2,560 3ubtota9 7 88 104 $ 18,950 ltotall Not to Exceed Fee $ 98,950 Notes: 1. The tasks indicated reflect those in the scope of services. 2. The fees are inclusive of telephone, fax, mail and travel costs. 3. All printing beyond the original scope of work will be at cost plus 5 %. 4. City of Bakersfield to provide access to applicable records. 5. Project limited to tasks shown. Any additional services will be based on the hourly rate shown. �i�,!n1ee Sring Services a,a �'\ ;1 1 OF ,- Principal Program Manager Project Manager Project Engineer Resident Engineer Staff Engineer Associate Engineer Traffic Engineer Plan Checker (Public Works) Plan Checker (Building) Construction Manager Senior Inspector (Public Works) Inspector (Public Works) Inspector (Building) Grant Specialist Contract Administrator Administrative Assistant Licensed Surveyor Survey Crew $250.00 $150.00 $125.00 $115.00 $115.00 $95.00 $85.00 $95.00 $115.00 $140.00 $125.00 $115.00 $110.00 $130.00 $125.00 Any additional work beyond the scope described will be per the hourly rates. The hourly rates indicated herein include cost of travel, phone, and fax. The hourly rates do not include cost of printing and outside services. The rates are valid for one year and are subject to change annually. Inspectors rate are per prevailing wage requirements & subject to overtime & holiday rates. L, I 11101117 CC AGENDA PACKET PG 352 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Agreements h. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/4/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 16-265 with rotational Molding, Inc. ($427,200; revised not to exceed $854,400 and extend term one year), to continue supplying refuse and recycling carts. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Solid Waste Division within the Public Works Department is responsible for refuse collection within Bakersfield. This includes the deployment and replacement of containers provided to residential customers for general refuse, recycling, and green waste curbside collection. On November 16, 2016, Council approved an annual contract for the supply of refuse and recycling carts to Rotational Molding, Inc. in the amount of $427,200; renewable annually thereafter for four consecutive one-year periods. Currently, there is $90,000 available on this contract. Funds are budgeted in the Solid Waste Department Enterprise fund for this contract. If approved, Amendment No. 1 will extend the term of the contract for one year and add $427,200 for a revised not to exceed amount of $854,400, allowing the continued supply of refuse and recycling carts. F-11 i all M I ��i 14 Ll k &I Description Type D Arneindirneint'l to AGMT-1 6 265 irotadoir4 IMcll °:ding Agireeirneint AGREEMENT NO. 16 -265 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 16 -265 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16 -265 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and ROTATIONAL MOLDING, INC. (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the August 17, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16 -265; and WHEREAS, the parties desire to amend Agreement No. 16 -265 to extend the agreement term one year; to allow continuance of providing the supply of refuse and recycling carts; and WHEREAS, CITY and CONTRACTOR have agreed to increase compensation FOUR HUNDRED TWENTY -SEVEN THOUSAND TWO HUNDRED DOLLARS ($427,200), and extend the term one year; to allow continuance of providing the supply of refuse and recycling carts; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 16 -028 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 EIGHT HUNDRED FIFTY -FOUR THOUSAND FOUR HUNDRED DOLLARS ($854,400) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Section 12 of Agreement No. 16 -265 entitled "TERM" is hereby amended to read as follows: -- Page 1 of 3 Pages -- 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for three consecutive one -year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 16 -265 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 16 -265 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT RANDY McKEEGAN Assistant Finance Director "CONTRACTOR" ROTATIONAL MOLDING, INC. By: Print Name: Title: -- Page 2 of 3 Pages -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance Approved by Risk Management -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Agreements i. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 9/12/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. CM1 7-005 with SC Communications ($17,814.36; revised not to exceed $57,812.64) for maintenance of additional handheld radios. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In February 2017, the City entered into Agreement No. CM1 7-005 with SC Communications to provide extended maintenance and support services for handheld radios used by Bakersfield Police Department that were no longer covered by the manufacturer's warranty. This includes repair or replacement of radios due to damage to certain components and radio unit housings. This service greatly increases staff's ability to ensure radio equipment is in operable condition for police department personnel. Amendment No 1. increases the number of radios covered by the extended warranty and maintenance by 212 additional radios, totaling 688 radios; thereby, increasing the compensation by $17,814.36, for a total not to exceed amount of $57,812.64. This agreement is funded through the Equipment Management Fund. F-11 i all M I ��i 14 Ll k &I Description D Amendment No 1 Type Agireeirneint AGREEMENT NO. AMENDMENT NO. ONE (1) TO AGREEMENT NO. CM17 -005 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. CM17 -005 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 SC Communications, Inc., a company lawfully doing business in the State of California in the City of Bakersfield (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 6th of February of 2017, the CITY and CONTRACTOR entered into Agreement No. CM17 -005, wherein CONTRACTOR would provide factory warranty and repair of handheld Motorola Radios; and WHEREAS, the parties now desire to enter into Amendment No. One (1) to Agreement No. CM17 -005, to include additional handheld radios as specified in Exhibit A; and WHEREAS, CONTRACTOR has agreed to additional compensation of Seventeen Thousand and Eight Hundred Fourteen Dollars and Thirty -Six Cents ($17,814.36) above the original compensation of Thirty -Nine Thousand Nine Hundred and Ninety -Eight Dollars and Twenty -Eight Cents ($39,998.28) for additional warranty and repair of the handheld radios. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. CM17 -005 as follows: 1. Section 2 of Agreement No. CM17 -005 entitled "Compensation" is hereby amended to read as follows: AMENDMENT TO AGREEMENT S:\Agreements \SC Communications \Maintenance agreement for hand held radios\ AmendmentToAgreementCM17- 005Rev2.doc - January 3, 2006 -- Page 1 of 3 Pages -- 11101117 CC AGENDA PACKET PG 358 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Fifty -Seven Thousand and Eight Hundred Twelve Dollars and Sixty -Four Cents ($57,812.64) which shall be paid as follows: Thirty days from billing. 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 agreed to in writing by the parties. 2. Except as amended herein, all other provisions of Agreement No. CM17 -005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [ 1 ] to Agreement No. CM 17-005 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: City Manager's Office By: Alan Tandy City Manager "CONTRACTOR" SC Communications, Inc By: Title: AMENDMENT TO AGREEMENT S:\Agreements \SC Communications \Maintenance agreement for hand held radios\ AmendmentToAgreementCM17- 005Rev2.doc - January 3, 2006 -- Page 2 of 3 Pages -- 11101117 CC AGENDA PACKET PG 359 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Joshua H. Rudnick Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A - Quotation AMENDMENT TO AGREEMENT S:\Agreements \SC Communications \Maintenance agreement for hand held radios\ AmendmentToAgreementCM17- 005Rev2.doc - January 3, 2006 -- Page 3 of 3 Pages -- 11101117 CC AGENDA PACKET PG 360 F'� ia)at Date Estimate # 8/14/2017 6591 (661) 831 -0191 www.SC- COmm.COm 5303 Woodmere Drive THIS QUOTE IS BASED ON THE FOLLOWING: This quotation is provided to you for information purposes only and is not untended to be an offer or a binding proposal. If you wish to purchase the quoted products, SC Conununications, Inc. will be pleased to provide you with our standard terms and conditions of sale (which will include the capitalized provisions below), or alternatively, receive your purchase order which will be acknowledged. Thank you for your consideration ofMotorola products.Quotes are exclusive of all installation and progrannning charges (unless expressly stated) and all applicable taxes. Purchaser will be responsible for shipping costs, which will be added to the invoice. Prices quoted are valid for sixty (60) days from the date of this quote.Unless otherwise stated, payment will be due within thirty days after invoice. Invoicing will occur concurrently with shipping. Signature Subtotal $17,814.36 Sales Tax (7.5 %) $0.00 Total $17,814.36 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Agreements j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/13/2017 &1[11 1.1 SUBJECT: Contract Change Order No. 3 to Agreement No. 16-154 with Nish-Ko I nc.($105,840; revised not to exceed $1,834,048.24) for construction of the State Farm Sports Village Phase I I I Landscape Improvements Project. Staff recommends approval of the contract change order. BACKGROUND: This project generally provides for the installation of a new irrigation pump, Maxicom irrigation control system, 10 inch irrigation mainline and sprinklers, mow curbs, grading, tree and shrub planting, installation of hybrid Bermuda grass by stolons (sprigging), and the installation of a domestic waterline and drinking fountains. During construction, weather conditions and utility delays impacted the anticipated planting schedule for the stolons. The project engineer directed the contractor to install sod in lieu of the stolons to ensure the grass was established before the winter season. This modification allows the facility to be fully functional and usable before this winter. The contractor has provided a credit for the original scope of work, (planting stolon sprigs) and for reducing the sod maintenance from 90 days to 30 days. The contractor agrees to do the above mentioned work for the price of $105,840. The cost increase of Contract Change Order No. 3 is $105,840.00. The sum of all change orders to date on this project reflects a total cost increase of $112,885.24 (resulting in a 6.6% increase of the original contract amount) as illustrated below: Original Contract Amount = $1,721,163.00 Amended Contract Agreement after Change Orders = $1,834,048.24 Net Increase to date = $ 112,885.24 This project is funded by a combination of Capital Outlay and Park Improvement funds. ATTACHMENTS: Description Type D CCO No 3 Sports Wbge Phase 111111 andscape /kgireeirneint irnpiroveirneints COPY DISTRIBUTION: ORIGINAL -CITY CLERK, WHITE- CONTRACTOR, BLUE- CONSTRUCTION, GREEN - CONTRACTOR'S INFO, YELLOW- CALTRANS, PINK ENGR., GOLD - PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 16 -154 CHANGE ORDER NO. 3 P.O. NO. PROJECT: CONTRACTOR: ADDRESS: State Farm Sports Village - Phase III SHEET 1 Landscaping Improvements Nish -Ko Inc. 713 N. Valentine 170558 OF 1 N/A FEDERAL NO. (S) Fresno, CA 93706 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R. VOYLES SUBMITTED BY: R. VOYLES DATE: October 12, 2017 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE • Install approximately 226,300SF of Celebration Sod in lieu of originally specified stolons including a 30 day sod maintenance period. _ $105,840.00 $105,840.00 321 - 5021 - 832 - 8041- P4C131 ESTIMATED COST: INCREASE $105,840.00 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NONE NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given carefiil consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, famish all materials, except as may otherwise be noted above, and perfomr all services necessary for the work above specified, and will accept as fall pa}inent therefor the prices shown above. 11101117 /' C AGENDA PACKET PG 364 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Property Acquisition Agreements - TRIP k. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/18/2017 111-11 V 03 SUBJECT: Approval of settlement in Case No. BCV-1 7-102201 -J EB (Larsons Food Stores) in the amount of $100,000. STAFF RECOMMENDATION: Staff recommends approval of the settlement. BACKGROUND: The City Council previously adopted Resolution No. 131-17 (attached) to initiate litigation to acquire property for the Centennial Corridor Project. The subject property is improved with a gas station and convenience store located at the northeast corner of Wible Road and Belle Terrace Drive. The project required acquisition of 28 square feet of land and 2,553 square feet for a temporary construction easement. Improvements within the acquisition and temporary construction easement include gas pumps, signage, parking spaces, and driveways. After extensive negotiations through our respective counsels, staff has agreed to settle the pending litigation upon City Council approval for $100,000. The settlement includes all causes of action, including but not limited to, just compensation for the property acquired, severance damages and loss of goodwill. If approved, outside counsel, California Eminent Domain Law Group will file with the Court the parties' Stipulation for Entry of Final Judgment and Final Order of Condemnation, which will include the scope of the property being acquired, the compensation paid for the property, and the property owner's claims, and final resolution of the City's eminent domain action. ATTACHMENTS: Description D ReSdUdOlrlofNecess ty'131 '17 Type BackU IMateir4� RESOLUTION NO. 13 1 w 17 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ( "Caltrans "), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project "); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire partial fee and temporary construction easement interests in certain real property commonly known as 720 Wible Road, Bakersfield, CA 93304 (APN 147 -112- 07) and more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference (the "Property "), for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, incorporating by reference the above recitals as though set forth herein in full, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: 1 c!' � o 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There has been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits 1 and 2 hereto are the legal descriptions and depictions of the Property required for the Project. 4. Findings (California Code of Civil Procedure §1240.030). Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Additional Findings. a. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of any such easements and rights -of -way are on file with City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the 2 Q�gAK�c9T �- rn rJ n 11101117 CC AGENDA PACKET PG Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. b. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights -of -way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use (s) pursuant to section 1240.610 of the California Code of Civil Procedure. 6. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non - material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. I HEREBY CERTIFY that the foregoing (Resolution QfeRnafree was passed and adopted, by the c�L�n2iJ7of the City of Bakersfield at a regular meeting E thereof held on UU ll�� Ii by the following vote: 1' ' v V v°, V_ CAYES , " COUNCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NDF S_ U ABSTAIN: COUNCILMEMBER tViz)�Q ABSENT: COUNCILMEMBER t14 CI -SLR CHRISTOPHEI GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of APPROVED: 5EP 0 6 2017 Bakersfield 3 0`` >' m � r v CD 11101117 CCAGENDA PACK~f�6369 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY s c.7 � 11101117 CC AGENDA PACKET PG 370 CERTIFICATE OF CITY CLERK 1, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 6, 2017. 01A� '* CHRISTOPHE GERRY Exhibit 1 nRIGINAL 11101117 CC AGENDA PACKET PG 372 TRACT 1562 & NVZ L* !�V4 OF SWV4 OF NWV4 OF SEC� I T 30 a R, 27 E. I- sr-HOOL DMT,66. I m AssFssoRs mAp No. 14 7- File& June CD r" r " " 0'' A' 11101117 CC AGENDA PACKET PG 373 LW..ty '.',ai:Y., e #." Them g said contwito of Wiblc Road Noah 00-3643- But 1$0.00 feet; MST rl Mir, Mi ri.N.. I0101. 64Emfi/N. N'1W.fMI WMt A-1 Pa rtial.d= psoo Of 2 - r U b 11101117 CC AGENDA PACKET PG 374 st",visjon rimp act of the Stait of California. ITIR 1111 111 11,111 ! 11111111 '1 p 11 11 1 1 1111 Prqmvd under the direction of: R.MOXMOj\"VVAUr-0j"772M7n1)4 CA" A-1 Partial*" P4ge 2 of 2 C-y 11101117 CC AGENDA PACKET PG 375 ig 12,211110.1-1 PARCEL r AFIN 147 - 112 -07 M P.O. �4•�1' A.ol � U LOT 4 2. i4` t i 1 Vol V fit v L «a NORTHERLY SW rE LINE MAT 4 I r P O a E DETAIL � 2W P.U.L i cn i 1 PER IM 1562 E ol Pol- (301 (25) RESMUTION OF ACCEPTAMM . 8t, 318Z M 447 RM AUGUST 24. 1959 OA, � w CAMAS 06= U7210 IV .f *xi 1. P UUME pp T 0` 20' 40` SC"—. 1'=40' � m � r U Q 11101117 CC AGENDA PACKET PIS 376 r t BELLE WT MOM ROAD A w CAMAS 06= U7210 IV .f *xi 1. P UUME pp T 0` 20' 40` SC"—. 1'=40' � m � r U Q 11101117 CC AGENDA PACKET PIS 376 �3A�tF9 C o" � r U J 11101117 CC AGENDA PACKET PG 377 through the areas more specifically described an the attached pages as the Temporary Construction without limitation sidewalk, curb, gutter, drtveway approach and paving improvements; and,, the northerly portion of the TCE parcel will be utilized to install an anchor for a temporary utility pole. P, KF9 11101117 CC AGENDA PACKET PG 378 R:\40MMOI\SUWEYU4MSWMO\87720-ZEXMWtA-2Ta.dm page I or 2 ,,?, N C�' 11101117 CC AGENDA PACKET PG 379 The above 4oscribad parml contains 2,555 square fed more or less. J7, �- INT71MIT-W M-7-i Catifook Cow*wk Systarn of 1983 (CCS,931 Zone V, 2004XO EpWA ix Ae fivisianx-ic-d-Tr cinvvi-vtoe'lf hzIlsifirm.-IIJ subdivision map act of the State of Califbruia- 4 - I I - Scan M. Smith, PLS No. 8233 Will 11,171111111plirlilli 111 111111 rillillillpi poll I =��� 111111111 �� 11111111111 ii 111111 li 11111111111! 11 111111111 11 111111 � � 1111111111 1� �� I 1111111 �� I I !I �� 111111 �I 11101117 CCAGENDA PACKi6380 t � t 204 N.'rs.. Y F ar ;.3F r,.tt AMEN] `Y r I EM F ♦e 9 FF FI r C= t � t 204 N.'rs.. Y F ar ;.3F r,.tt AMEN] `Y r I EM (25) m l?Sii • m i 1 ro 7 M F ♦e 9 FF rm r C= (25) m l?Sii • m i 1 ro 7 M F ♦e rm C= S v o 11101117 CC AGENDA PACKET PG 381 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Property Acquisition Agreements - TRIP I. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/18/2017 111-11 V 03 SUBJECT: Approval of settlement in Case No. BCV-1 7-101723-J EB (Jolly Kone) in the amount of $333,000. STAFF RECOMMENDATION: Staff recommends approval of settlement. BACKGROUND: The City Council previously adopted Resolution No. 99-17 (attached) to initiate litigation to acquire property for the Centennial Corridor Project. The subject property is improved with a Jolly Kone drive-in restaurant. After extensive negotiations through our respective counsels staff has agreed to settle the pending litigation upon City Council approval for $333,000. The settlement includes all causes of action, including but not limited to, just compensation for the property acquired, severance damages and loss of goodwill. If approved, outside counsel, California Eminent Domain Law Group will file with the Court the parties' Stipulation for Entry of Final Judgment and Final Order of Condemnation, which will include the scope of the property being acquired, the compensation paid for the property and the property owner's claims, and final resolution of the City's eminent domain action. ATTACHMENTS: Description D ReSdUdOlrl of Necess tai 099 '17 Type BackU IMateir4� RESOLUTION • 99- J RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ( "Caltrans "), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project "); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire in fee simple that certain real property commonly known as 800 Wible Road, Bakersfield, CA 93304 (APN 148- 240 -01) and more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference (the "Property "), for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, incorporating by reference the above recitals as though set forth herein in full, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There has been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits 1 and 2 hereto are the legal descriptions and depictions of the Property required for the Project. 4. Findings (California Code of Civil Procedure §1240.030). Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. Additional 5. a. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of any such easements and rights -of -way are on file with City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the 2 Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. b. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights -of -way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. 6. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non - material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. I HEREBY and adopted, thereof held on CERTIFY by the that the foregoing Resolution /er�cFifler- ee was passed Cc�.�J� A off17he City of Bakersfield at a regular meeting U by the following vote: ' V" V, � AYES: COUNCILMEMBER RIVERA , GONZALES, WEIR- S�+F-H-, Pee,ntooy\, SULLIVAN, PARLIER N S: COUNCILMEMBER S�9 tom^ ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER:r�.�� CHRISTOPHE DERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of .... a A ._... Bakersfield 3 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By jllfj ANDREW HEGLVhD Deputy City Attorney CERTIFICATE OF CITY CLERK 1, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. C)cl'q - 17 , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. CHRISTOPHER GERRY LEGAL DESCRIP77ON Real property in the unincorporated area of the County of Kem, State of California, described as follows: THE NORTH 115 FEET OF THE WEST 156 FEET OF THE NORTHWEST 1/4 Of THE SOUTHWEST V4 OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 27 EAST; M.D.Bx IN THE UNINCORPORATED AREA OF KERN COUNTY, AS PER OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF SURVEYOR GENERAL EXCEPTING THEREFROM THE WEST 30 FEET OF SAID LAND, ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONDEMNED By THE COUNTY OF KERN IN THAT CERTAIN IUDGMENT PURSUANT TO STIPULATION IN DEED RECORDED FEBRUARY 28, 1975 IN BOOK 4882, PAGE 1393 OF OFFICIAL RECORDS. APN: 148-240-01.00-0 Exhibit 2 11101117 CC AGENDA PACKET PG 391 NV2 OF NW V4 OF SWV4 0 SEC .1 130 S. R. 27 E. 148-24 SCHOOL DIST. -24 WPII ;rERA4C-f co ck 04 Cl -J el "TI R I 1 d� P3 AM �W�' Ac 4d 2..191 N.f SE C.'amwim i r 7— r or WW ASSESSORS MAP N0148 -24— 11101117 CC AGENDA PACKET PG 391 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Property Acquisition Agreements - TRIP m. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/18/2017 iTiff-11 1.1 SUBJECT: Agreement with Independent Mercedes Service, Inc. ($830,000), to purchase real property, fixtures, and equipment needed at 4700 Easton Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being acquired is a portion of a multi-tenant office/industrial complex consisting of five buildings (48 Units) totaling 24,576 square feet of rentable area situated on a 63,162 square foot parcel of land, with shared parking spaces. There are 10 existing tenants who will be relocated as a result of this acquisition. The City will be acquiring two of the five buildings or 11,639 square feet of improvements situated on 16,560 square feet of land and an 11,830 square foot temporary construction easement. The purchase price of $830,000 is a product of negotiations based on the property's fair market value as established by a realty appraisal prepared by Merriman Hurst and Associates, and fixture/equipment appraisals by Hodges Lacey &Associates, both independent appraisers. The purchase price of $830,000 consists of the following valuations that make up the entire property: $764, 380 — Land and Improvements $ 33,140 — Fixtures and Equipment $ 32,480 — Curable damages In addition to the purchase price, the City will be paying relocation assistance to the tenants in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and 2SSSt2n08 for parties affected by Federally funded projects. All p2rU8S displaced by the TRIP projects will b8 provided all 2pp|iC2b|8 n8|OC2UOn benefits pursuant to the n8qUin8nxentS set forth in the Uniform Act. These benefits may include 2CtU2|. n82SOn2b|8 and necessary costs for: packing and moving 0OStS. disconnecting and n8inSb3||ing bUSin8SS machinery Or equipment, and n88St2b|iShnxent 0OStS n8qUin8d at the new bUSin8SS |OC2UOn. Every property and bUSin8SS is unique and the benefits will reflect their individual CinCUnnsb3nC8S. A Phase | Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor project during the State-required Environmental Document pnO08SS. The COnnnUnitv C>8v8|Opnxent D8p2rtnxent, Planning C>iviSiOn, 0Onp|8t8d 2 General Plan Review (854O2) and found this acquisition consistent with the Metropolitan Bakersfield 2O1OGeneral Funding for this pUrCh2S8 is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $185 million authorized by C2|Tr2nS and appropriated by the City Council On K82rCh 5. 2014. for right of way 2CqUiSiUOnS. PUnCh2S8S under the 82dy 2CqUiSiUOn program were approved by C2|tr2nS at 100 percent federal funding with no |OC2| match requirement for this phase of the project. This concept is termed byC2|tr2nS as ''bO|| Cn8ditS." The term "toll Cn8dit" is little 0OnfUSing, b8C2US8 it dO8S not refer to 2 b}|| that might be paid for crossing 2 bridge. It refers to an 2|t8rn2hS definition Of the word that means ''b} |82d Or attract to 2 desired pOinL" Offering b}|| credits 2||OvvS the City to accelerate the spending Of Federal dollars sooner and gets the project furth8r2|Ongwith|8SSn88dOf |OC2| dO||2rS. AS 2 n8SU|t, the fUtUn8 construction phase of the Centennial project will C2rry 2 higher |OC2| match p8nC8nb3g8 than it would have without the bO|| credits being approved. The end n8SU|t is that we will still spend the S2ne amount of Federal and |OC2| dO||2rS to project COmp|8UOn as we vvOU|d have without toll Cn8ditS. but using b]|| credits 2||OvvS US to spend the Federal money first and the |OC2| dO||2rS |2hSc ATTACHMENTS: Description Type APN; 332-332-13 CPN:87472 TITLE REPORT NO WKN-5501502412-LM PROJECT: Centennial Corridor Improvement Project EA: 06-48460 ]Pis) 10 1 1114-fol 1.owa 21 #Wdo��113 - I V1199 nyl� 1610.0 . " el I Ver) ror accill-ISIOW Jj .01, r 51 cerMin real properl hereinafter set forth. Buyer possesses eminent domain authority and Buyer's staff will recommend the, adoption of a resolution of necessity if the Parties are unable to complete a negotiated acquisition of the Property by Buyer. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1 8-G-REE-UNITO —SELLARD-RURCH—ASE. Seller agrees, to sell to Buyer, and Buyer agrees to purchas-t from Seller, upon the terms and for the consideration set forth in thiis Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBITS "Al" and T,1 .87472-1 and 874 2- and 87472-4) (Two TCE's) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF ikl- -PURCHAK-ERM, The total purchase price, payable in cash through escrow, shall be the sum EIGHT HUNDRED THIRTY THOUSA 1 CONVEYANCE QF,-=LE. Seiler agrees to convey by Grant Deed to Buyer fee Simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPM a. Non-definquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. Items numbered none in the preliminary title report issued by First American Title Company dated February 1, 20,17. 4, TEMPORARY CONSTRUMON EASEMENT. Seller agrees to convey to Buyer a Temporary Construction, Easement in, on, over and above the portion of the subject property depicted on the attached Exhibit "A2" and incorporated herein by this reference, S. TERMS. The term, of the temporary construction easement shall commence on, the day that the Right of Way Certification is issued by the California Department of Transportation ("Commencemenit Date"), and shall continue until completion of the Project, but no longer than Forty-Eight (48) months from the Commencement Date ("Termination Date"), Buyer shall notify Seller of the Commencement Date. In the event the Project is not completed on or before the Termination Date, the Buyer shall provide written notice to Seller not less than one month prior to the Termination Date of its election to extend the temporary construction easement and the Termination Date. Such extensio be documented in an amendment to this Agreement and just compensation for said extension shall be determined by an appraisal prepared by a State licensed appraiser secured by the Buiyer. 6. TITLE INSURANCE POLICY. Escrow Agent shall, folloiwing recording of said deed(s) to Buyer, provide Buyer with ALTA American Land Title Association Policy of Title Insurance in the amount of $830 ,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and' the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 7'. EK90—W. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is, hereby empowered to act under this Agreement., The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) in the State of California. All disbursements shall be made by check from such account, MR MITITU M1111111111 �11 ON' U21011 a, Pay and charge Seller, upon Sellier's written, approval, for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or definquent or non-idelinquenit assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this, Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or miortgage(s) including late charges, if any, except prepayment penalty d. Pay and! charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreeme,nt�; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance, Alil time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any linstructions must be in writing. -QIT,iE IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 9. ESCROW FEES , CHA—RQE5—AND--CQ$TS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement, 10� TAX EXEMPT AGENCY: All parties, hereto acknowledge that the buyer is public entity and exempt from payment of any real property taxes, Therefore, Seller acknowledges that they are solely responsible for payment of any/all reali property taxes due through the date of close of escrow, including any pending supplemental bills. In the event that the current year's prop" tax bill has been issued at the time of close of escrow, escrow holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies. Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines. Buyer and Escrow holder are not responsible for same, In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to the Kern County Tax Collector once the bills are created. Seller herein agrees to forwardi to Buyer any tax bills they receive from the County of Kern. it. FULL AND CD.MMETE SETTLEMENT Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buiyer, by reason of Buyer's acquisition of the Prop", specifically including, but not limited: to, any and alli damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for preconclemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. V I EMU= a. It is understood and agreed by and between the parties hereto in aiddiition, to the com r- r, shown in Pa!rag ra ph 2 herein a bove, the Buyer, its contractors or assigns, shal�l perform the following construction contract items at the time of the on of the proposed project-, W 0=1 -1 All work performed under this Agreement shall conform to all applicable building, flre and sa'ffit-Rk idUL♦ r" r it t. It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of and cost to remove, relocate, reconstruct, and/or refurbish the following improvements located • the Property, i, Curable damages a 6' concrete block perimeter fence An increase over the original offer of $730,526.00 is required to provide new bathroom i � The Buyer agrees to assist and consult with the Seller during this process as reasonably req u i red. d. An increase over the o,rig ina I offer of $730,526. 00 is required to pave the real property under the building and walk way extension that housed units 32 through; 39 being acquired herein. Total cost to pave the remainder and walk way extension as depicted in Exhibit A3 shall not exceed $20,000 and may include building/construction permits and actual construction costs. The Buyer agrees to assist and consult with the Seller during this process as reasonably required. It is further understood between the parties hereto that if the improvements referred to in Paragraph 12b above are not removed from the subject property prior to close of escrow ' but not sooner than the close of escrow, Buyer, its agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further notice or responsibility to Seller whatsoever, Buyer deems appropriate without further notice or responsibility to Seller whatsoever, 13. PERMISSION 10 ENTER ON PREMI515-, Seller hereby grants to Buyer, its authorized agents or contractors, the right to enter upon the Property upon forty-eight (48) hours prior written notice to make necessary and reasonable inspections. Such inspections may include predemolition asbestos and leading based paint testing. If the Property is being rented, Seller will coordinate with tenants on the Property, notifying of them such inspections. Buyer and Seller will cooperate to assure that Buyer's exercise of this right-of-entry respects the rights of any tenants to the quiet enjoyment of the Property. Zr. ,, r oral or written recorded or unrecordied leases or other agreements concerning all or any portion of the Property exceeding ai, period of one month, 16. WARRANTIES, REPRESENTATIONS, AND COVENA, , M QF SELLER. Seller h ereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmentaJ agency, domestic or foreign, b. To the best of Seller's knowledge, there are no encroachments onto the Prop e by improvements • any adjoining property, nor do any buildings or improvements encroach on other roperties. c. Until the closing, Seller shall not do anything which would umpair Seller's title to any of the Property. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. e. Until the closing, Seller shaill, upon learning of any factor condition which wouid cause any of the warranties and representations in these Warranties, Representations, and Covenants of Se ler Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. Seller warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the Buyer as set forth in this Agreement. i. Quitclaim Deeds, In order to assure that the Property is conveyed to Buyer free and clear of any exceptions related to leasehold interests (including fixtures and equiipment), if the Property is subject to one or more leases, Seller will provide or cause to be Provided to Buyer through Escrow the following; 1. A fully executed and acknowledged Quitclaim Deed from each tenant, releasing and quitclaiming any and all leasehold interests in the Property; Seller acknowledges that each tenant will be required to enter into a new lease agreement with the Buyer prior to the close of escrow, 2. A fully executed and acknowledged Quitclaim Deed from each tenant, releasing and quitclaiming any interest in fixtures and equipment whiich Seller and the affected tenant agree is owned by Seller ; and 3. A fully executed and acknowledged Quitclaim Deed from SeHer, quitclaiming to each tenant any interest in fixtures de quipment which Seller and the affected tenant agree is owned by such tenant. Seller agrees to apportion the applicable amount of just compensation to tenant. iL DiA-5ifte, In order to establish proof of clear title to any fixtures and equipment conveyed to Buyer by Seller or any tenant, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering such fixtures and equipment. ZEE= - ! #« • ! . NN. _! rri w .# ... _r M « !_N • �# • r Ir• .N ! w ", w!- 1, rr -�rl rN ',' # i # " iN_ r, , r •' r_ .' I-ODUS suDstance" !- • n 2 281 f Me calitornia d Safety Code, Division 1 Chapter •r7 (Underground Storage of it Substances), petroleum, polychlorinated bypheny�s, (viii) listed under Article 9 or def ined as "hazardous" or "extremely hazardous" pursuant to Article of Title 22 is the California Administrative Code, Division wr _ 20, designated as "hazardous substances" pursuant to Section 311 of defined "hazardous pursuant to Section ff' of Resource Conservation and # 690 ! r ! rr « #w N' N ! Section 101 N r. Environmental Response, Compensation, as amended by Liability Act, 42. U,S.C. S9601 et s 60 r #► wi - i Nr w ♦ r r • w rNNI ri - rrr r ♦ #_ i r N N w Nat ii ## � i r N N AI �� Nr .. i N r •_ # s r# r „- `I r ”- rN. r' �r i a «N' � r r 'N � •; r _r r #I w w ..:i ! � r. rN ■lw «I,n rr # # r,' INir i, rl r • � _ w *� .... N N .. its r NI w N N N . "' i. i i.. w i I « i. r. .,, r s. r ■ • i' N #: _il •q! . r w..^ _ _ ,• - _ i* •I it i � r •- r +i_ i i' ii r it « w wl iro _ r N ■- N wir i i"" * N • • w - " i,w i « . r N -Nar, i i, i N # N. it .■ i I. ! ". N:N, r..,, r r Nr #.. w #' r^ Nlri- r rN i, 4i' N • iNi # r- i .ri • i i 7F . . i '. i # # ;„ i r # # # N.... r # N " r #' • r ` r '" r• IY i r • •: '.i N w '..r. � # � .# • r:"` #Irrr. N M 091 s), re5liung N, arising out of, r rw based N or equipment acquired by B w under Agreement. 20. O hNl TE PAR.T . This Agreement may be executed in counterparts, each of which spa executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument, 21. —CONTINGUN—CY, It is understood and agreed between, the parties hereto that the completion of this transactiN.... Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21 BROKERS AND FLNDERS, The parties acknowledge and III'::esent that Buyer sha pay no commission to any broker or finder in connection with the purchase and sale of The Prop", 23. JURISDIC-TION.AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California, The parties, consent to the jurisdiction of the California Courts with venue in Kern County. 24. A551Q_NMENT. The terms and condit�ions, covenants, and agreementsset forth herein shall apply to and. bind; the heirs, executors, administrators, aissign�s and successors of the parties hereto. Buyer may freely asgn any or all of its interests or N` #^ -To 25. COOPEM t TLQ-N—. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and allclocuments which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional 2greemi,ents, 26 ENJIRE AGREEMENI WALVER ANQ M�2��. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements ,?.nd understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement, Any waiver, modification, consent or acquiescence with respect to any provisiion of this Agreement shafl be set forth in writing and duly executed! by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent Nreach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE (PAGE FOLLOWS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, 10649 Rio Mesa Drive Bakersfield, CA, 93308 NMI 0111��� lmmgmg- raNgROXIIN BUYER: SELLER CITY OF BAKERSFIELD INDEPENDENT M ERCE DES SERVICE, INC., A CALIFORNIA CORPORATION By: KAREN GOH By: Mayor Name: -.,I Its: APPROVED AS TO FORM: APPROVED AS TO CONTENT' VIRGINIA GENNARO City Attorney By: By: 1w, FA 0 1611 1 a 1, i'. ISLIOA miw l ei 2 111,1111: i7i 0 i1aA I - 41 NICK FILER Public Works Director Attachments: "Al" and "A2" (Two Fee Acquisitions), Exhibit "Al" and "A2" (Two Temporary Construction Easements), and Exhibit "B" w1vw J-91VIOT4 4111 FEE ACQUISITIONS UEGAI, DESCRIJ!"VION Callf-alts Parcel No. 87472-1 Acquisition. Fcc APN3.12-332- 1 3 I LIT, pojlvowl owl, Varc,H " W wv, Jlovvrk eoN, Pxra� vl Map P cw H fikd in H�'mA 8 p�jigir 46, , 4 V,orcc,, l N4ap,,, of thv It, oajwjty I"'t, Ker B" 1"m."oed wma t hc morthmmv�o qwv W'�' SCOI(W 36 1 G, OV k �jw 24 S� �Uk 11,, Jfi I,Aast, NI'm "I I ) i a [AGI, Klo,'g, a ru I Mc a idu"I in of AwkcirsIlidd, m III t ), o�, Sta� M ( ahG hrmia, J'V, JNVlk uku k, &KA a�' k0wvs Coul"IC1161I al thu" c4qmrr of raw lb thouv ahmg ow soudw h, hrf,? INA111 of Regain isi ; I henct Nooh 621)61 kam t,cg aIjv o ng �a, non, wIgvnt a amm ✓C' w.waruw a v c "'o, "Om c lo, hzmn�,!, a M 210,086,49 kef, a brile wmfirfl wj �,A0 hCgRminr bear Norfla tovace co vc an aa; k,nph of 91 l 4 Rvl, Thinpugh a C Van%",d an�,dc of 01)" l 5,36 to Ole Thence "llong, said nortimeocHy hfw .27 'West 90 02 fc,,Gm wi u ti,afd smkOwdy hne, oq' PaTG;cl Thrilce allonp Sad ,oi[ t4ody hinv, litoflh WV112"15", klsi SIV, ro Mv Point of Beginnitip, lhcahovc 3,42: ,,porcfvm nowm, Ic e, C[VVVGAVa dld OR, 616AN I[( "k wwll", kw da GRAN I H, ai(d l v, 11111c Ha, "s ail Bvalcgs ta(r lfiwa omvw,-v bw,w,"d u(p,w IN,, Nw1h Amcnw°m tl983 (NADU�� Gil kv t, 6 ,ornla ooldimtte syste"ru of, l9i'l 'w SU), /OV I V, 210(A (0) Vpo'Cl R \411ION,U I rf N1,4 �,, /4 A?, J ahobit, ff a d'. m � "�rvp I of "I This I Cgil I (tv"N't"t ip(km I is olot iwaaco- ded Eras ww Nww wII V, a I ivijAon wld/�w comvvy,, t we of Lmi� 6w vio ��v kns o, f, We iubdivisioin ilmql act ofthc Sce Plat awtched befero as F'xbihi� 'A,2` aiml by Ons wl"Civice, mad"! park htwok' PrQp,arVd undcr the diwcOkm of Scala M, Smith, N,",; No 42,33 Dow I I COMO (Ff &W W, Page TM I PARCEL # FNTP F DEPICTION OF FEE ACQUISITION EM I1 'A2' AREA A N4 r A' N ME PARCM 'A' Ll �r A 4Wf'T" r E Ai,F "k uN 15 A 22S 41, P Mil 8 AB C EL MAPS Nq0 1417 AP NI -!52 A3",l "%T M NN,TeS L. m ST ,T DE " ' .0.C. — ` F"wCY e r 9N)THERLY SE. °EY CDRNER CuSN PARCEL W r4 �� TR,Ac r AAAP NO, 3202\1 F, 7PAW11 ' T AT 7 C' T N,il�q'iT' ;G ST T C, RVE TARE ' Do ABOD04D WKI OF WAY cm! ETrNgS igCrA ENNTNN C�CT P PER LNES 2 91 14' CASEMENT AS NOTED (PRC) IV RTES REVERSE t1m, _.., !�:EE-1 ENNTNE TMESN E h�gghq q q ENgEN N" +�i'i !S°N �T" �CS�AN � ®w POC 1 matl CNM .. , C .. � » ,., NBNESATT .....,,,. NfiJGHIS (W ACCESS, SURD KRE SASED UPOIN' lfiE 0 NI.M)' r* P11SUC U TILT) NORTH AMER1C'AgN1 i DATUM, OF 1983 SSE ENT PER ARIA- MAP �00RD 1E SY TE OF 1% '02Z C Mw. Off 'XI PUBLIC SS,J), ONE V, 20040 E X"H TILO THE T1 'N'ANNCiES SNNiP°WNN NCR PNN ARE MAP No, 6211, P,M S /20 CRNNT CNST "NwWES C401Ab D MSTAICwES mm Of 101WAINTTT BY OWING aSTT'O N *d o ACTV; RECORD DV-AN 0" 40' 810' OMOWTTCTNq PE S PARCEL, C MAP dNC NOS (A:' C9 999964 6 No, T 411 "7, N", , 9 8/96 � 1 w, �f�"C�NVTS tM THE �. q�IE�ANN�IEN BY T�� C9M )N RICT4 4P�cw Y........ NN4 N . 1 N E P �SY% �E E ar W,, TOTAk� E��T (961) "P�'"� �t+41^d awww iie�u�,w�awa.�raw � KERT4 .� N'p N � 11/01/17 CC AGENDA PACKET PG 405 UUMEDUB I FGAL I 4SCRIPTION Caltrans Purrel No. H7412-2 Acquisition., 1"'ev AM 332-.l32-13 FhaT, Poo ql of, Va 1 [ " : 0 ' P , w, sh 'Ww " aIi, P m 1 Mq' P f llkd dn N 11w1k 8 1 w"'Igk' 96 (A' 1 ,rra 0 Mojra dovmcd m fliv, noo I mvo qmvIvi I ii, 'kmllil"4lrp 29 Sumh, Kanpc 27 FAst' N'lot"'ll Oialdo Hast" ilf"I Modd4la" in div ( iay lid, ( omM, q0 Kern, Slaw It k 0TV p'a r f h: o w q """ V.v do � k r, r Fed ',!Ow I o I lo'A' v ( ° ol 0,11111 v III v i rig a I I � w. *' u t 0, 1 u (" s s I o P 6 y c t I W c l' r I sa 1� ki I "a "c "H,; "I'llence 'A llg Ow " "Puflkcvly firw ofs',Iiikll 1 1,a r 11 " 14' N 89"0..1 5" W 2 Z fv c t v Point of 11c, it ce Noo I 62`106' 11 " Fl,,,im t 6 w'co to dw bcg'q'pr I IR'T I of km m La I, gv'W w'wrvL , cof I tvc "m I LlflwC,•sfcdy h a v anpl as raft , r lf -0'(WR 411 as d i Ilk � radu's o add I vg. uuiItg be pus N ol, lh 6 21, W' 1 1 I'llI along" said claw an arc �V'14 Y gda 9 (co, th"kmgh 's (vilAld anullc o9 1010 11516" to lilt, knic ofsaid ParcO 'B" I'llit'll 3hilp said nco'flvwc lcn, ly hne Nor; k 2,'F"'5(P5 1" %8 42 fvv" , ThII, Soldh 84' 1210" Evo 10 M kcs o the hegiml6p, of r cim vt"' Y"1p0'p1'vv'Avr1y hvwing a Flunct, cask rk, alld sow I I camed), �'Joll g, ud 'A on ve an vc tenpill o f 11 ON, k 7 Gvvl Ihnmp 111'110°JI SOjU(j'4 "4 MZ. flxs ao sald Imthedy hre ol, Pm,xA , H Thcoct, alctIlp "q6t] soudiody hllc North 89"'G'TiS" Wc'sl Ll"At 711 fc,'-T to dw Point of'Rvginflifig I I w'' libove dcawrdvd pawvk 0000am @ 1, 117 squinw fcv mtwv o�r k,v, J lw kid Hval lllp, for sw'vcy orc Nta�wd upiyn The No lh Awj%,o(, °m I v t09 4 y,N Al M. hp eft 11", ( 'afil"orl6a 4 ' 'on,rdmaliv, ststoks tpt 1983 (# ( 'f4 m')' /'mkv V , 201,114,00 Lpoch k � "'TOP(010 101 %Y, RVIY'rN l, I A !FOd , FIC ll,wo' I W " I'llk 11%0 11101 MICII(IC(I COO LISC, irru OW diviskm and/or of land ila 64o4m cd,tht", sAldivision mu p avt offl,sc Sufle o�'(, Svv pk( ,madwd hereto as FIxIoN "AT' ood lbv, fllox Ickrolce nuade part licreof, Prepared ondei the (fireclioll of Scars Nf, Saudi, PLS N(:s 821,; �2 txh4)�t, V( , pals"'e 2 of 2 P9�L # VT AREA EXHBIT'A2,' AR 17472-2 .. ... .. . Nb?*ENE N I Nmm 126 79' P.0a DEMIL WT,S, Y/W N21'50'54 594' PARCEL 'A' ARN 3K 3 3 PA�CFI, MAP NO, 1417 P M 8 8/96 P,�PCELV EEE DE TAL HEREON: PARCEL 8 f2pi, 79' N97"023 5W 22 "1 qqq N W RI Y FA V (30) 00') CURVE TABLE jvs DELTA LENG114 6 .W t',8547ar ii,`51 —v UNE TAB L NNE E IRECTION LENAT11 41AAA �NDICATES ASLrrTER'S WGHTS OF ACCESS, "�25'37'42"E 519 11,5' 0 5-FT PURUC dJWT`Y EASEMENT PER PARCEL MAP NOr 107, pva 96/8 2 0 VARIAHLE NA N Y PtjHjjc UT'IUTY EASEMENTS PER PARCEI MArl No. 6271, r, WEN, 27/20 INDICATES RECORD DATA, PER FARCEI. MAP No. 1417, P.M,B, 8/96 P,.O.B. VV CALTRAN$ PARCEL NUMDLR LWITS O DFCA'RIPTION THE NA IS OF BEARINGS FOR THI S' SURVU ARE WED UPON 0* NWHI AMERICAN DATIJM OF 1953 i,'NAWJ) OF THE CALWORNA COORDNATE SYSTEM (IF 1983 rCN TH, � �, 83), ZONr V, 20000D EPC , THE U1,$11ANICLS SHOW'N HEREIN ARE 1SRO DGIANCES, GROUND NSIMCCS MAY BE 00TAINED BY' DN0NG GRO DISTANCES BY IKE COMR(WOR FACTOR OF 0,99995406, Asn. PREPARED BY' IP O S 4 w a M 10 0 IA ' S M"roW, CW"W 22SW N *W) W-8421 APTC 3!2-332 20 TRACT MAP NO 32E M B 16074 kPIF ;02- a k2- q 5 P.Ol.C. SFA.Y CORNER 0 40' 80' SCAl F: NhN rWF� 01-09-17 W Ek 48460 6,6— UMFT-� FS I —RC T E' 4,F FT 5 �REENNNET1 m M RTC _�.. ". �..�. E)OSTW MCHT OF WAY AE NWNED WHT OF WAY RECORD PROPERTY LINES EASEMENT AS NOTED (PRO NDICATES REVERSE CURVE (R) TNDICATES RADIAL 30,RIISC, P0.8 PONT Of BEONNING P.OX, POINT UF COMWNLIEMEK1 THE NA IS OF BEARINGS FOR THI S' SURVU ARE WED UPON 0* NWHI AMERICAN DATIJM OF 1953 i,'NAWJ) OF THE CALWORNA COORDNATE SYSTEM (IF 1983 rCN TH, � �, 83), ZONr V, 20000D EPC , THE U1,$11ANICLS SHOW'N HEREIN ARE 1SRO DGIANCES, GROUND NSIMCCS MAY BE 00TAINED BY' DN0NG GRO DISTANCES BY IKE COMR(WOR FACTOR OF 0,99995406, Asn. PREPARED BY' IP O S 4 w a M 10 0 IA ' S M"roW, CW"W 22SW N *W) W-8421 APTC 3!2-332 20 TRACT MAP NO 32E M B 16074 kPIF ;02- a k2- q 5 P.Ol.C. SFA.Y CORNER 0 40' 80' SCAl F: NhN rWF� 01-09-17 W Ek 48460 6,6— UMFT-� FS I —RC T E' 4,F FT 5 �REENNNET1 m M RTC _�.. ". �..�. EXHIBITS "Al" &"A21' LEGAL DESCRIPTIONS AND DEPLMONS MI 1, FGAL DES CRti"TION ('01thWA Pared No, 81472-3 f"asonsent AM 332,332-13 I'llilat pvl'n nl uf'Par;,d '110" show,11 on P,u-e,,,cf 'vLp Noi 141,,' filed in Bool", 8, t,)rqgc 06, vfhjn-e ajljrr, Rucmis oflhc Cutmay o 'Kcqll, lokulled ila the riorthwest quirlel of swioa 35, 1 o"N'tidlip 29 South, Ralngv, '17 F,ast, N I, dl It I V CI 4y -PI' [,"I ilAX I SfWkL CCAJ I r(�' WIKCA'R, slafc� of ( ahf6rl I v, a, I fc)mm Diablo fltj�j�, &,�(j , 111,0M, dCSOAPed Wi kAIC)"'S, Corr I Illerke irk m, I I! w, scm I tivamcdD col I I c ill, o I slid Pam", me M aid flarcul l+Ncwht A9-02 0"We,400,49 Icct to flj(,r 1144"1 of Wginning" 11witce Noah 25, 3 T4 7, " Nkc�j 6 I elf fe,,iet to the, sole'll ly h av 111g, zi radill's 0' 1 V 1 .00 fcct; I'lienve awl hwmov•ily ar,kl weql�',tly atortg qci k,'lll ew,vc, "in virc h,'mgfla of 1:1 V 1'48 CVO, Thlorugjl a cunitn'd Fbetice Nc,,oh Xrl" t 2" 1 (1" Weil I & 32 feci Its dic flwvvl 't 'J"burs t. illong said Hln " fnith 23""SlY54" WvA 5,39 t�vi, I benvv Sr:utjlh 84,1 0" FIlSt 4034 t"Cet to ldw txg,rMlnillgol as cur"C', OMUIVU SOUJAVCMCO, [114vrjjg a 1, a Ij iw of l (16,001 1Crw; Thence eastedy and imidivaswily kdonp iaid Crllrvc An atv lengd]: of 108,37 lvcl a cx'oPlralll allgle wul It 'U- '7 8 hi ell V, v Sw t I h 2 " L.,ast 5,9 23 fecl to said s oq a I I I cdy I i v u4' I I's I %', e I V I'lletic,c aking .,cmitherly I nc sultah F"o"I S ~9 fr'M lo Point of llevirmiliv, Flic abovc dum.6kc d p""ll"xis C�',lvvnhl 1 dll. "'quarc tcd wom" ull jc;-,4a� Ffic Bmsis of "leariop's P v IN% surve, , v arv, bned qqiovi he NqMh Amk% k:alu 1"haum kA, V481 (NADSI) �A,'flilv of, 1983 (C'( S83), /lomr, V, 04) Epoch, H A 40 PCO 10 1 U I ',YJ 4W,-YV F GAL TV874 7��8741,r -A LAIng 11 1 c ,, Thib lqpd description, i's W.1 intcokick] fkpt usc m "Jim drykioll alpd/ur a ;,mvvey"'iuc ot"land ill violation of this, sist)(fivision map no ofthe Sjjjj( Sft Pkd MtNchcd fICCeto as 1',Alibit "AT' and Rey flik I'vfurence nnide jxm-1 hivivol', PI"PaNd utidor thio, dirotion of: T%,I. Stojifi, ill IS Nio,. 92'.33 WOOP( OIOICIWJRVCY" N RAIS"�RAMM7412 3 CxNhit TCE,dccx Page ? of 2 EXHBIT'A2' PARCEL # TITLE 11T AP'N ii'3 11 =4 SF, =Y'da cko RAms Pomm, kumpER LIM775 Or DE",;rRII lfql BASIS Or BFAWS' FOR THIS SURVEY ARE EASED UPON THE NORlH AVERCIAN rATLIM Of Won (toosl� OF THE CALIFORNIA COORDINATE SY5TEM DF 15W �CCS83),, ZONE V, 200001 FP(rH, THE ID STANCES WWI HEREIN ARE fCft KIMICIES, GROUND DISTANCES MW BE OKTANED BY IDINOVNC 10,W) DISIAWES BY THE, COMmATION FACTOR OF 0,0106406. PIR �P'S 0 M A S 1500 luat 2101 RIWlIft, O 92%)r (s5t) 7all OUT, N" NDR'T,HWFS7FR[Y A-PIN, 332 3,32-, 21 PA"RA"fl, 'A' L; L M B A VJkJ' 141 Fl N4 H 8twi 1"ARCFL'B" /2 lqw A-N 332-332 -2() TRACT MAPNO, 32012 M B IW174 'W'0�11KY L INE P.O.C., 0 C(ANER PARCEL '13' w 7:M 49 AZZ FYJqTWf.' R4147 rF WXY ",M97, 2 J5 I AEMDONED RIGHT OF AAY RICORD PnPEFrff LINES, IND'IiCATES A901ER'S 6 )RENT AS NOTLO (PRC) INUICAILS WEVERSE CURVE (0) IN011VIES RADIAL 9DRIING I pow or ai.wmmw P O-C, PCINT OF COMMENCEMENT lfql BASIS Or BFAWS' FOR THIS SURVEY ARE EASED UPON THE NORlH AVERCIAN rATLIM Of Won (toosl� OF THE CALIFORNIA COORDINATE SY5TEM DF 15W �CCS83),, ZONE V, 200001 FP(rH, THE ID STANCES WWI HEREIN ARE fCft KIMICIES, GROUND DISTANCES MW BE OKTANED BY IDINOVNC 10,W) DISIAWES BY THE, COMmATION FACTOR OF 0,0106406. PIR �P'S 0 M A S 1500 luat 2101 RIWlIft, O 92%)r (s5t) 7all OUT, N" NDR'T,HWFS7FR[Y A-PIN, 332 3,32-, 21 PA"RA"fl, 'A' L; L M B A VJkJ' 141 Fl N4 H 8twi 1"ARCFL'B" /2 lqw A-N 332-332 -2() TRACT MAPNO, 32012 M B IW174 'W'0�11KY L INE P.O.C., 0 C(ANER PARCEL '13' w 7:M 49 AZZ NQIES� ",M97, 2 J5 I IND'IiCATES A901ER'S L2 114R 4 112, 1( "1 10 'RV fi RIGHT'S Of ACCESS, LJ, 01 S-F7 PlIFNA' 0TRITY WrNIFNT . ....... .. (jr JC) PIEN PARCE- IW AP No. 1417, 1 96/8 CURVE TABLE - — — ------------------- rn VARIIABLE CIFFSE' PUSuC R CMlu MJE JA LEN C n4 V'nLIlTY EASEMENTS PER PARCEL MAP No, 6271, RM 3, 27/210 .. . 101.`� (30" .. ...... 58,34 2a Ing'31 NDCkItS RECORD DATA LICE TASLE 0' AMC" EN 1,n LINE A DIRECTION LIENON NQIES� IND'IiCATES A901ER'S L2 114R 4 112, 1( "1 10 RIGHT'S Of ACCESS, LJ, 01 S-F7 PlIFNA' 0TRITY WrNIFNT L4 PIEN PARCE- IW AP No. 1417, 1 96/8 rn VARIIABLE CIFFSE' PUSuC V'nLIlTY EASEMENTS PER PARCEL MAP No, 6271, RM 3, 27/210 NDCkItS RECORD DATA 0' AMC" EN 1,n PER, PARCEL MAP Ro, 1417, P MA, 8/96 :SCALE, 1 %00' DA7E� 01 09-17 RIEV'; pv 6A -40460, 64 ' i, --7 - . ..... . ---- "7 F'AJNIY R! � I PRFPARED-RY T TOTAI SHEETS 11101117 CC AGENDA PACKET PG 411 L,. X_JlIJIYr'AV LEGAL llf"SC1,41131 ION 0011'alls I'mull No, N7,472-4 Aoquisjtjo,inj: APN 311-332- l,1 pt afiklfl shown, I nl IP wrve I N'Llip No, fiki I m I took S, pa) 2(," C16, IM lllarcO M 144xwds of Ike d owHy of KCITH, h'%,Ah-Xi ift 1111L "0Tlh"V',f 11".,luler "A'Sincimil IS, � " 21�11 F -�, Moom Dial, , r "�() 'SoWil, Rongw, , , ,rs 4o 11 a w �,a � �d Met ki 4a, i 1 4 1 iNke I's f 1 e 1 (1, Cl 1 u f K vn i, Si a� e rr1 Ta f0n ^ " Mow 40VICT0,10d aS folh%,ks,, Conlint'llivisigm at dw sollAv'oovilly C0,14cl Ofsimd flm-ccl , lC , Thelltv vilolljol, 0w wjlARf vflY jjpjs; rat VVATLVI 'W Nq lrth 89'02'15,` Wco 91,49 J'trcr fo rt1111L, poilal of Beg inning" "I hence N."uIll 151 1, T 12", we'm 6 @ "'71 ft'vl W', tfic {y utdous of 1'0 L()() IYZvt huesicifly a I rld AAo I edv a h ul ��4Ajkj c4jr 4 (rof' 1 [3 A 9 rev I, 1hrougj I a kxutra I L, of W'347x`� Thvare Notth 84`12'kr, Wc�q ;812 Rvl w 0w, kov ofs;lox] Pmo 'vl IV; Theovic, doer, ';ltid AoflsaAliccc t welx hikv North 27"5054" Fa 1 jj�e11 Thillk(" SoWh , I "16" 4411 " 1 (,0), � I f�;,ej Thence Scwtllh 24"34"0' Weq t�v lielAry Smi 0h 00`00'W)" k3lil 46,93 lvel to ffic Poikill 4of flegillnillu 111V "Jhlovc kfC'scF0wd Pmvcl ommllwr P 1 M30 s(loare fevp, awm,, tia,r lee s. 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POINT OF COWENCEMENT THE WJS O,F 8rA*Nr* IFDR 4MS SURVEY ARE IBAaD UPON THE tIORTH AMERICAN DATUM OF 1983 (NADKI) OF THF, CA UFO COORDINATE MtEM OF 1903 (CCS83), ZOW V, 2004,0(T (N %H, 'THE I)IS10CES ShOWN HERDN ARIL CMD DISTM=, GRDJNO WAKES MAY Of 08TAONED BY 011VONO ECM o DISIANCES BY THE COMBWON FXIOR Of 0,199.996404. 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/3/2017 &1[11 1.1 SUBJECT: Reject all bids for the construction of administrative building for the Mt. Vernon Recycling and Composting Facility. STAFF RECOMMENDATION: Staff recommends to reject all bids, re-evaluate the design and contract specifications, and rebid the project. BACKGROUND: The work to be performed consists, in general, of the planning, permitting, and construction of a new 3,000 square foot administrative building at the Mt. Vernon Recycling and Composting Facility located at 2600 South Mt. Vernon Avenue. This new administrative building would be used for office space, lockers, and employee break room. This project was approved by the City Council as part of a prior year Capital Improvement Program. The engineer's estimate for this project was $270,000. On September 26, 2017, the City received one bid for this project that was significantly higher than available funding. Therefore, staff recommends rejecting all bids received, re-evaluating the project, and re-bidding the project. The one bid received includes: Vortex Construction 320 Butte Street in the amount of $514,989.00 Bakersfield, CA 93305 Staff will explore options to reduce the cost for construction of this facility, including contacting the contractor who submitted the bid to identify areas of high costs and ideas for potential cost savings. Staff will also meet with the project designer to discuss potential design changes that could reduce costs. Once potential savings have been identified and modifications are incorporated into the design, staff will re-bid the project. ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Bids o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/13/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with Jim Alfter Cement Contractor ($833,774.95) for Construction of Sidewalk Improvements on A Street from Brundage Lane to San Emidio Street Project. STAFF RECOMMENDATION: Staff recommends acceptance of the low bid and approval of the contract. BACKGROUND: This project consists of constructing new sidewalk in locations where no sidewalk exists on A Street from Brundage Lane to San Emidio Street and along various neighboring streets. This project also includes construction of pedestrian access ramps and curbs/gutters in a residential neighborhood that serves three elementary schools and three churches. This project is predominantly federally funded through the Active Transportation Program (ATP). Capital Outlay funds and State funds provide the local match requirement. The engineer's estimate for the project is $934,031. On September 26, 2017, the City received six bids for this project. Five of those bids were deemed acceptable. The one bid proposal that was deemed non-responsive was because the Contractor did not submit a complete bid proposal. The acceptable bids are as follows: Jim Alfter Cement Contractor 2000 Dracena Street in the amount of Bakersfield, CA 93304 Cen-Cal Construction 10112 Revere Beach Drive in the amount of Bakersfield, CA 93314 S&H Civil Works 1801 Hilltop Drive in the amount of $833,774.95 $942,450.00 $956,402.00 Colton, CA 92324 F Loduca Company 1324 West Lincoln Road Stockton, CA 95207 Victor Concrete, Inc. 6135 Barcelona Avenue Riverside, CA 92509 in the amount of in the amount of $1,094,843.00 $1,142,131.00 Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by federal funds and 11.47% with Capital Outlay funds. ATTACHMENTS: Description D Coinstial(.601r] PiroJects /kgireeirneint Type /kgireeirneint 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 JIM ALFTER CEMENT CONTRACTOR, 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 Sidewalk Improvements: A Street from Brundage Lane to San Emidio 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 constructing pedestrian improvements on A Street from Brundage Lane to San Emidio Street including some side streets such as Palm Street, Pine Street, Dracena Street, and Holtby Road. The work includes, but is not limited to, demolition of existing improvements such as barrier curbs, drive approaches, removal of trees, bushes, shrubs, modification of irrigation and landscaping; and installing new sidewalk, curb and gutter, cross gutters, drive approaches, and handicap access ramps ( "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: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 1 of 12 Pages -- 11101117 CCAGENDA PACKETPG 1 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.2. CONTRACTOR acknowledges that CITY is receiving federal - aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Eight Hundred Thirty -Three Thousand, Seven Hundred Seventy -Four Dollars and CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 2 of 12 Pages -- 11101117 CC AGENDA PACKET PG 419 Ninety -Five Cents ($833,774.95). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 3 of 12 Pages -- 11101117 CC AGENDA PACKET PG 420 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 4 of 12 Pages -- 11101117 CC AGENDA PACKET PG 421 Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 13.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 5 of 12 Pages -- 11101117 CC AGENDA PACKET PG 422 advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 6 of 12 Pages -- 11101117 CC AGENDA PACKET PG 423 insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 7 of 12 Pages -- 11101117 CC AGENDA PACKET PG 424 the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 8 of 12 Pages -- 11101117 CC AGENDA PACKET PG 425 other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: JIM ALFTER CEMENT CONTRACTOR 2000 Dracena Street Bakersfield, California 93304 (661) 323 -9809 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, CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 9 of 12 Pages -- 11101117 CC AGENDA PACKET PG 426 California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 10 of 12 Pages -- 11101117 CC AGENDA PACKET PG 427 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 2220409 CONTRACTOR is a corporation? Yes No X (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 206956 Expiration Date 4/30/2018 License Classification B, C -8 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 JIM ALFTER CEMENT CONTRACTOR By: KAREN GOH Mayor By: PRINT NAME: Title: -- Additional Signatures on the Following Page — CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 11 of 12 Pages -- 11101117 CC AGENDA PACKET PG 428 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/18/2017 Sidewalk Improvements: A Street from Brundage Lane to San Emidio Street L.Skinner for Project Designer: City Project No. T71K224; ATPL 5109 (234) Gurjeet Antal: Telephone: (661) 326 -3585 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\A3AEC9FA- BA16-4E5F- 9801- 22CE88C3A3DF \PDFConvert. 9495. 1. Sidewalklmprov _A_ Street _Brundage - SanEmidio_Agr. FF.docx -- Page 12 of 12 Pages -- 11101117 CC AGENDA PACKET PG 429 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Bids p. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/19/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract to Graham Prewett, Inc. ($79,000), for the Wastewater Treatment Plant 3 Maintenance Building Re-Roof Project. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited for re-roofing the Wastewater Treatment Plant 3 maintenance building. Five bids were received in response to the solicitation. A maintenance building at Wastewater Treatment Plant 3 provides office space, bathroom facilities, and a break room for maintenance staff. Parts of the structure are over 40 years old and have developed water leaks. This project will re-roof the building to prevent water damage to offices contained within the structure. The five bids received include: D D E R AMOUNT Graham Prewett, Inc. $79,000.00 Fresno, CA Fresno Roofing Co., Inc. $84,000.00 Fresno, CA Midstate Sheetmetal, Inc. $84,750.00 Bakersfield, CA Medrano Roofing, Inc. $86,583.55 Bakersfield, CA Best Contracting Services, Inc. $93,780.00 Gardena, CA Funds are budgeted in the Capital Improvement budget within the Sewer Enterprise Fund for this project. Staff finds the bid submitted by Graham Prewett, Inc., to be acceptable and recommends approval of the contract in the amount of $79,000. F-11 1i all M I ��i 14 Ll k &-] Description Type D Agireeirneint Agireeirneint 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 GRAHAM PREWETT, INC., (a California Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of roofing; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for Wastewater Plant 3 Maintenance Building Re -Roof ( "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 Wastewater Plant 3 Maintenance Building Re -roof (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. 17 -18 -14 1.2.2. Special Provisions 1.2.3. Bid Security 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 SEVENTY NINE THOUSAND DOLLARS ($79,000) 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. 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. 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 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: 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 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, 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. 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 (661) 326 -3724 CONTRACTOR: GRAHAM PREWETT, INC. 2773 N. Business Park Ave., #102 Fresno, CA 93727 559 - 291 -3741 (phone) 559 - 291 -5082 (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 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 77- 1565773 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 793065 Expiration Date 3/31/2019 License Classification A, B, C39, C33, C43, C22, ASB 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 GRAHAM PREWETT, INC. By: By: KAREN GOH Mayor PRINT NAME: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance: a ,��a .a _ , �i ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Bids q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/17/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with Amber Chemical, Inc. (not to exceed $53,500), for the annual contract for the supply of sodium hypochlorite. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited for an annual contract to supply sodium hypochlorite for Wastewater Treatment Plant 3. Four bids were received in response to the solicitation. The contract award is for a one year period, renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Wastewater Treatment Plant 3 uses sodium hypochlorite to disinfect the water as part of the water treatment process. This treatment step of disinfection is required in order to meet the plant's discharge permit and statewide Title 22 criteria for tertiary treatment (i.e., recycled water). Sewer Enterprise funds are budgeted for this contract. The four bids received include: :110101:4 60 Amber Chemical, Inc. Bakersfield, CA Argo Chemical, Inc. Shafter, CA Brenntag Pacific, Inc. Santa Fe Springs, CA Univar USA, Inc. Kent, WA PRICE PER GALLON ANNUAL AMOUNT $1.070 $53,500 $1.177 $58,850 $1.300 $65,000 $3,790 $189,500 Staff finds the bid submitted by Amber Chemical, Inc., Bakersfield, to be acceptable and recommends approval of the contract in the amount of $53,500. ATTACHMENTS: Description /kgireeirneint Type /kgireeirneint AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and AMBER CHEMICAL, INC. ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of supplying sodium hypochlorite. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 17 -18 -15 and any addenda thereto, all incorporated as though fully set forth 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. The following shall be deemed to be part of this Agreement as if fully set forth herein: • Invitation to Bid No. 17 -18 -15 • Bid Proposal • Non - Collusion Affidavit • Worker's Compensation Insurance Certification • Statement of OSHA Compliance • State of Compliance with Insurance Requirements • All provisions required by law to be inserted in this Agreement whether actually inserted or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of FIFTY THREE THOUSAND FIVE HUNDRED DOLLARS ($53,500) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. S. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. The term of this Agreement shall be one (1) year from the date of execution. The Agreement may be extended for four one (1) year increments under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 19.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 19.5 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 19.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 19.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: AMBER CHEMICAL, INC. 5201 Boylan Street Bakersfield, CA 93308 661 - 325 -2072 661 - 325 -2285 (Fax) 24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 25. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 27. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 28. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 29. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number: 95- 3859123 CONTRACTOR is a corporation? Yes X No_ (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 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: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" AMBER CHEMICAL, INC. By: Print Name: Title: Insurance: ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent -Bids r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/22/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with GSE Construction Company, Inc. ($339,000), for the installation of four digester mixing pumps at Wastewater Treatment Plant No. 3. STAFF RECOMMENDATION: Staff recommends acceptance of the low bid and approval of the contract. BACKGROUND: The wastewater treatment process includes the disposal of solids removed from wastewater. These solids must undergo anaerobic digestion to ultimately produce Class B biosolids which can be safely disposed of. Class B biosolids is a designation used for treated sewage sludge that meets United States Environmental Protection Agency guidelines for land application as fertilizer with some restrictions. This digestion process takes place in a controlled environment that requires mixing pumps. Wastewater Treatment Plant 3 has eight digesters; six of which are operational. Two digesters are in need of new mixing pumps. The current pumps no longer perform at an optimum level and have become increasingly difficult and costly to maintain due to age. The new mixing pumps were previously procured per prior Council approval. This proposed agreement provides for the installation of the new pumps that includes slight modification to the sludge pipes, electrical wiring, and a new concrete equipment pedestal. The engineer's estimate for this construction contract was $460,000. On September 13, 2017, a total of six bids were received; all of those bids are acceptable. Those acceptable bids are as follows: GSE Construction, Inc. 6950 Preston Avenue in the amount of $339,000.00 Livermore, CA 94551 Thermal Energy Solution, Inc. 1000 E. 21 st Street in the amount of $347,600.84 Bakersfield, CA 93305 TTS Construction Corporation 1220 E. Pine Street in the amount of $348,400.00 Lodi, CA 95240 W.M. Lyles Co. 2810 Unicorn Road in the amount of $405,960.00 Bakersfield, CA 93308 MMC, I nc. 5901 Fresca Drive in the amount of $435,000.00 La Palma, CA 90623 Goldsmith Company 2683 Lime Avenue in the amount of $436,315.04 Signal Hill. CA 90755 Sufficient funds are budgeted for award of this project. Sewer Enterprise funds provide the funding source for this project; therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 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 GSE CONSTRUCTION COMPANY, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and 8 bi WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for the Bakersfield Wastewater Treatment Plant No. 3 Digester Mixing Pump Replacement ( "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 consists, in general, of the removal and replacement of four digester mixing pumps at City of Bakersfield Wastewater Treatment Plant No. 3. Digester mixing pumps 3, 4, 5, and 6 shall be removed including existing concrete pedestals and disposed of by the Contractor. New replacement digester mixing pumps furnished by the City of Bakersfield shall be assembled and installed by the Contractor. Replacement shall include the construction of new concrete pedestals and reconnection to electrical service. Contractor shall schedule the removal and replacement of digester mixing pumps such that only one digester mixing pump operation is out of service at a time. Digester mixing pump replacement order shall be 6, 5, 4, and 3. 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: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacemenLAgr2 .docx -- Page 1 of 11 Pages -- 11101117 CC AGENDA PACKET PG 456 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). 1.1.12Current State of California 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 Three Hundred Thirty -Nine Thousand Dollars and Zero Cents ($339,000.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 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: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 2 of 11 Pages -- 11101117 CC AGENDA PACKET PG 457 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. 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 — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacemenLAgr2 .docx -- Page 3 of 11 Pages -- 11101117 CC AGENDA PACKET PG 458 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 — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 4 of 11 Pages -- 11101117 CC AGENDA PACKET PG 459 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 5 of 11 Pages -- 11101117 CC AGENDA PACKET PG 460 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 timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacemenLAgr2 .docx -- Page 6 of 11 Pages -- 11101117 CC AGENDA PACKET PG 461 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 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 — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacemenLAgr2 .docx -- Page 7 of 11 Pages -- 11101117 CC AGENDA PACKET PG 462 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 (661) 326 -3724 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 8 of 11 Pages -- 11101117 CC AGENDA PACKET PG 463 CONTRACTOR: G S E CONSTRUCTION COMPANY, INC. 6950 Preston Avenue Livermore, CA 94551 (925) 447 -0292 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 9 of 11 Pages -- 11101117 CC AGENDA PACKET PG 464 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 94- 2667247 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 401498 Expiration Date 3/31 /2019 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 G S E CONSTRUCTION COMPANY, INC. By: KAREN GOH Mayor By: 04i.111■.r_mN Title: -- Additional Signatures on Following Page -- CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer. City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacement —Agr2.docx -- Page 10 of 11 Pages -- 11101117 CC AGENDA PACKET PG 465 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Bakersfield Wastewater Treatment Plant 3 Digester Mixing Pump Replacement L.Skinner for Project Engineer: City Project No. E4K201 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP3- DigesterMixingPumpReplacemenLAgr2 .docx -- Page 11 of 11 Pages -- 11101117 CC AGENDA PACKET PG 466 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent- Bids s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/22/2017 iTiff-11 1.1 SUBJECT: Wastewater Treatment Plant No. 2 Grit Chamber and Primary Influent Distribution Box Concrete Repair Project: 1. Accept bid and approve contract with GSE Construction Company, Inc. ($1,019,000), for said project. 2. Appropriate $375,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Program (CI P) budget for said project. 3. Transfer $100,000 from a currently budgeted Cl P project (Miscellaneous Cl P Projects) within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 2) for said project. STAFF RECOMMENDATION: Staff recommends acceptance of the low bid, approval of the contract, and appropriation and transfer of funds. BACKGROUND: Wastewater Treatment Plant No. 2 requires extensive concrete repair at two concrete structures - the grit chamber and the primary influent distribution box. The grit chamber removes grit, sand, rocks, and other types of inorganic material from wastewater. Directly downstream of the grit chamber is the primary influent distribution box. This box diverts wastewater flow to one of three primary clarifiers. Both the distribution box and grit chamber have significant concrete damage created by the corrosive nature of wastewater. Manual sliding gates are used at each structure to divert wastewater flow to different bays within the grit chamber, and then to different clarifiers from the distribution box. These sliding gates also require replacement as they are obsolete and water leaks through the gates when closed. In order to isolate each structure for concrete repairs and gate replacement, a temporary bypass system must be put in place to divert wastewater flow around these two structures. This bypass may be in place for a period of four to six weeks. The engineer's estimate for this construction contract was $888,000. On September 19, 2017, a total of four bids were received; all of those bids are acceptable. Those acceptable bids include: GSE Construction Company, Inc. 6950 Preston Avenue Livermore, CA 94551 in the amount of $1,019,900.00 Advanced Chemical Transport, Inc. 3710 Ruffin Road San Diego, CA 92123 in the amount of $1,059,937.99 Cora Construction, Inc. 75140 St. Charles Place #A Palm Desert, CA 92211 ERS Industrial Services, Inc. 2120 Warm Springs Ct. Fremont, CA 94539 in the amount of $1,081,000.00 in the amount of $1,155,719.32 The variance between the low bid and the engineer's estimate is due to the concrete repair work. Due to the consistency in bids received, it is staff's opinion the low bid is reasonable. This project is currently underfunded. An additional appropriation of $375,000 from Sewer Enterprise Fund balance and a transfer of $100,000 from the Plant 2 Miscellaneous Cl P project is needed to fully fund award of this contract, potential contract change orders, inspection services, and miscellaneous costs. Sewer Enterprise funds provide the funding source for this project; therefore, there is no General Fund impact associated with this project. F-11 1i all M I ��i 14 Ll 11 &-] Description D Agireeirneint Type Agireeirneint 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 GSE CONSTRUCTION COMPANY, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for the Wastewater Treatment Plant No. 2 Grit Chamber and Distribution Box Concrete Repair Project ( "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 consists, in general, of the repair and coating of concrete in aerated grit chambers and a distribution box and the replacement of slide gates. By -pass pumping will be required. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Notice to Contractors 1.1.2 Special Provisions 1.1.3 Bid Proposal 1.1.4 Bidder's Bond CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 1 of 11 Pages -- 11101117 CC AGENDA PACKET PG 469 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). 1.1.12Current State of California 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 Million, Nineteen Thousand, Nine Hundred Dollars and Zero Cents (1,019,900.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a ten percent (10 %) retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 2 of 11 Pages -- 11101117 CC AGENDA PACKET PG 470 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. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 3 of 11 Pages -- 11101117 CC AGENDA PACKET PG 471 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: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 4 of 11 Pages -- 11101117 CC AGENDA PACKET PG 472 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 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 5 of 11 Pages -- 11101117 CC AGENDA PACKET PG 473 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, 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 6 of 11 Pages -- 11101117 CC AGENDA PACKET PG 474 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 records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 7 of 11 Pages -- 11101117 CC AGENDA PACKET PG 475 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: G S E CONSTRUCTION COMPANY, INC. 6950 Preston Avenue Livermore, CA 94551 (925) 447 -0292 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 8 of 11 Pages -- 11101117 CC AGENDA PACKET PG 476 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project City Project No. E9K101 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx Date Prepared: 10/09/2017 L.Skinner for Project Engineer. Evette Roidan:Telephone:(661)326 -3249 -- Page 9 of 11 Pages -- 11101117 CC AGENDA PACKET PG 477 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 94- 2667247 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number - Expiration Date 3/31/2019 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" CITY OF BAKERSFIELD KAREN GOH Mayor "CONTRACTOR" G S E CONSTRUCTION COMPANY, INC. By: PRINT NAME: Title: -- Additional Signatures on Following Page -- CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project L.Skinner for Project Engineer. City Project No. E9K101 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx -- Page 10 of 11 Pages -- 11101117 CC AGENDA PACKET PG 478 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/09/2017 Wastewater Treatment Plant 2 Grit Chamber and Distribution Box Concrete Repair Project L.Skinner for Project Engineer: City Project No. E9K101 Evette Roidan:Telephone:(661)326 -3249 G: \GROUPDAT\AGREEMENTS \GSE Construction\ 2017\ WWTP2- GritChamberRepair— Agr.docx -- Page 11 of 11 Pages -- 11101117 CC AGENDA PACKET PG 479 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent -Bids t. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/12/2017 iTiff-11 1.1 SUBJECT: Truxtun Avenue Operational Improvements Project: 1. Accept bid and award contract to Granite Construction, ($6,301,617) to construct the project. 2. Construction management agreement with WSP USA, Inc., (not to exceed $599,926) for construction management services. 3. Appropriate $531,000 in federal Regional Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the TRIP Federal/State Fund. 4. Transfer and appropriate $1,561,905 in Transportation Development Fund (TDF) balance to the Public Works Department's Capital Improvement budget within the TDF - TRIP local match Fund. STAFF RECOMMENDATION: Staff recommends acceptance of the bid, award of the construction contract, and approval of the construction management agreement, appropriations, and transfer. BACKGROUND: The Truxtun Avenue Operational Improvements Project will widen Truxtun Avenue from four lanes to six lanes generally from Empire Drive to 100-feet east of Elm Street. Most of the widening for Truxtun Avenue will occur along the south side of the existing road, and raised median islands will be installed within the project limits. For the State Route (SR) 99 overcrossing bridge, a tie-back retaining wall (similar to what exists for the SR-99 overcrossing at California Avenue) will be constructed for the south abutment of that bridge to provide adequate width beneath the bridge for the new widened roadway. I n addition, the box culvert for the Carrier Canal will be extended to the south to allow for the new additional lanes. Staff is recommending approval of the following items associated with the project. Item No. 1: On October 26, 2017, a total of two bids were received, both of which are acceptable. Those bids are as follows: Granite Construction Company Bid: $6,301,617.00 585 West Beach Street Watsonville, CA 95076 Griffith Company Bid: $7,331,026.00 1128 Carrier Parkway Ave. Bakersfield, CA 93308 Staff recommends awarding this construction contract to Granite Construction, in the amount of $6,301,617 for the construction of the Truxtun Avenue Operational Improvements Project. This agreement is funded with 50.6% federal Regional Surface Transportation Program (RSTP) funds and 49.4% local funds (Transportation Development Funds). Construction is scheduled to begin on January 8, 2018, with an approximate 12 month duration. Item No. 2: Public Works TRIP staff issued a Request for Qualifications/Request for Proposals for construction management services for several TRIP projects, including the Truxtun Avenue Operational Improvements Project. The following six firms responded to this RFP: • AECOM • Caltrop • Hill International • K & B Construction Services Inc. • NV5, Inc. • WSP USA, Inc. (formerly Parsons Brinkerhoff) Based on a review of the proposals, the following firms were invited to interview with the selection committee: AECOM; Caltrop; Hill International; NV5, Inc.; and WSP, USA Inc. Based on the rankings of the proposals and interviews, WSP USA, Inc. was selected as the most qualified to provide construction management services for the Truxtun Avenue Operational Improvements Project. After WSP USA, Inc., was selected, their cost for providing these services was then negotiated by Public Works TRIP staff. Staff recommends approval of the agreement. The agreement is 100 percent locally funded (Transportation Development funds). Items Nos. 3 and 4: Staff also recommends the appropriation of an additional $531,000 of federal RSTP funding requested for this project and the appropriation of $1,561,905 Transportation Development Fund balance to provide sufficient funding to award both agreements and to fund potential contract change orders and other miscellaneous costs. There is no General Fund impact associated with the award of these two agreements. ATTACHMENTS: Description Type D TAGP ConstirLY.601r] Agireeirneint Wth GiraiNte D TAGP C �M Agireeirneint D TAGP CMAgireeirneint Exhbt/k D TAGP CM Agireeirneint Exhbt IB Agireeirneint Agireeirneint Agireeirneint Agireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ( "Agreement ") is made and entered into on ( "Effective Date "), by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY "), and Granite Construction Company, (a California Corporation) ( "CONTRACTOR "). RECITALS WHEREAS, CONTRACTOR represents that 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 retain CONTRACTOR to construct the Truxtun Avenue Operational Improvements Project ( "Project "), as set forth herein, part or all of which is paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ( "Scope of Work "). 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. The following documents are incorporated herein as if fully set forth: ➢ Notice to Contractors ➢ Special Provisions ➢ Bid Proposal ➢ Bidder's Bond ➢ Performance Bond ➢ Material and Labor Bond ➢ Letters of transmittal, if any ➢ All provisions required by law to be inserted in this Agreement CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 1 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 483 whether actually inserted or not ➢ Current State of California DAS 140 Form (if required by Specifications) ➢ Drawings, if any ➢ Public Contract Code § 22300 (Escrow Accounts) ➢ Current State of California DIR - PWC 100 Form ➢ Required Federal -Aid Contract Language (Exhibit 12 -G) (if Project Federally Funded) ➢ Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G) (if Project Federally Funded) ➢ Subcontracting Request Form (Exhibit 16 -13, LAPM) (if Project Federally Funded) ➢ Prevailing Wage Rates (Davis- Bacon) (if Project Federally Funded) ➢ Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA -1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement. 2. COMPENSATION /PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed $ 6,301,617.00 ( "Compensation "). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 2 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 484 from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law. 3. 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 those 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. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 3 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 485 5.1.3. 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; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject those subcontracts at its sole discretion. 5.3. 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. 6. 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 - Federal Funds Page 4 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 486 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. 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. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 5 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 487 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. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ( "Basic Insurance Requirements "). 14.1.1. Automobile liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. 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 $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 6 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 488 certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR 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. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self- insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self- insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 7 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 489 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 CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work 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 CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 8 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 490 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or 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. 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 that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work 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. 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. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 9 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 491 21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 22. 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. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 24. COUNTERPARTS. 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. 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. 26. 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. 27. 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. 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 10 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 492 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. 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 and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: GRANITE CONSTRUCTION COMPANY 3005 James Road Bakersfield, California 93308 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 1 1 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 493 35. CONTRACTOR'S LICENSE INFORMATION. License Number 89 Expiration Date 05/31 /2019 License Classification Class A 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 94- 0519552 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] CONSTRUCTION PROJECTS AGREEMENT - Federal Funds Page 12 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Fi1es\ Content .0ut1ook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" GRANITE CONSTRUCTION COMPANY By: PRINT NAME: Title: CONSTRUCTION PROJECTS AGREEMENT- Federal Funds Page 13 of 13 C:\ Users \Mmercado \Appdata \Local \Microsoft \Windows \Temporary Internet Files\ Content .0utlook \ISWY1TB3 \Construction Projects Agreement.Docx Updated - September 11, 2017 11101117 CC AGENDA PACKET PG 495 AGREEMENT NO. s�MWTITT,— mg� This CONSTRUCTION MANAGEMENT AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and WSP USA, Inc., authorized to conduct business in California ("MANAGER"), WHEREAS, CITY is undertaking the following project: Construction of the Truxtun Operational Improvements Project (the "Project"); and WHEREAS, CITY issued a Request for Qualifications /Request for Proposals ("RFQ/RFP") for construction management services for the Project, and MANAGER submitted a proposal; and WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work; and WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and WHEREAS, based on MANAGER's representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein, and WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows: I SCOPE OF WORK, MANAGER must competently and thoroughly provide construction management services as described in the scope of work description prepared by MANAGER, attached hereto and incorporated herein as Exhibit A ("Scope of Work"), MANAGER's services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. COMPENSATIONIPAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay MANAGER as follows ("Compensation"): 2.1 Actual Costs. CITY will reimburse MANAGER's actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $554,168 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in MANAGER's cost proposal attached hereto and incorporated herein as Exhibit B. 2.2 Fixed Fee. CITY will pay MANAGER a total fixed fee of $45,759 based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. CITY will pay MANAGER within 30 days after MANAGER submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to MANAGER for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to MANAGER. In no case will CITY compensate MANAGER more than $599,926 for performing the Scope of Work. 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2020. 4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the MANAGER's performance under this Agreement, CITY may terminate this Agreement after providing MANAGER with ten-days written notice. 5. STARTING WORK. MANAGER shall not begin work until authorized to do so in writing by CITY, No work will be authorized before the Effective Date, 6. TIME FOR COMPLETION. MANAGER must complete all assigned tasks set forth in the Scope of Work no later than June 30, 2019, CITY's Contract Administrator is: KrIstina Budak, P,E., City Program Manager City of Bakersfield 1600 Truxtun Avenue • Bakersfield, California 93301 Telephone: (661) 326-3700 MANAGER's Project Manager shall be designated as: Jim Simon WSP USA, Inc. 2150 River Plaza Drive, Suite 400 Sacramento, CA 95833 Telephone: (916) 567-2500 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and MANAGER, respectively. 8. COMPLIANCE WITH ALL LAWS. MANAGER shall, at MANAGER'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, 9. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER's performance of the Scope of Work as an independent contractor, MANAGER is not an agent or employee of 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 MANAGER other than that of an independent contractor, 10. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed, 11. EQ-1VfT1 T. MANAGER will supply all equipment, tools, materials an* supplies necessary to perform the services under this Agreement. 12. KEY PERSONNEL. MANAGER shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement, MANAGER shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER shall not change such personnel without CITY's written approval, 13. LICENSES. MANAGER shall, at MANAGER'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 MANAGER to practice its profession in the State of California and perform the Scope of Work. MANAGER must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If MANAGER is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees, If MANAGER is a partnership, at least one partner shall hold the required licensees or professional degrees. MANAGER must provide proof that the requirements of this section are met when requested by CITY. 14. CONFLICTS OF' INTEREST, MANAGER hereby represents that both corporately and individually the firm and its employees and subconsultants: 14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon MANAGER's performance of the Scope of Work; and 14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771,1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an ,unregistered contractor to submit a bid that is authorized by Section 70291 of the Business and Professions Code or by Section 10164 or 20103,5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451, This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. ACCEPTANCE OF WORK, CITY's acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement, 17. 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. 18. INSURANCE. 18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $ 1,000,000 per occurrence. 18.1.2 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 18.1.3 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 $1,000,000 per occurrence. The policy must: 18.1.3.1 Provide contractual liability coverage for the terms of this Agreement; 18.1.3.2 Provide products and completed operations coverage; 18.1.3.3 Provide premises, operations, and mobile equipment coverage, and 18.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers, 18.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, MANAGER must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract, By executing this Agreement, MANAGER 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. 0 1J E=4 V*J o T a, n �11 U 18.2.1 All policies required of MANAGER must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 18.2.2 Except for professional liability insurance, all policies required of MANAGER must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of MANAGER's insurance and must not contribute with it. 18.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:Vll. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 18.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance, All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy, 18.2.5 Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 18.2.6 It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement, 18.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work 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 MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section. 19. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify MANAGER of third party claims relating to this contract. CITY shall be allowed to recover from MANAGER, and MANAGER shall pay on demand, all costs of notification. 20.1 MANAGER shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from MANAGER'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 MANAGER or MANAGER'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. 20.2 To the extent Civil Code Section 2782,8 is applicable to this Agreement, the MANAGER shall indemnify, 'defend and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands, 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 MANAGER. 21. 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. 22. CONFIDENTIALITY, During the term of this Agreement, MANAGER 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, MANAGER 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 MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY, Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent, 23. ACCOUNTING RECORDS. MANAGER 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 MANAGER's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours, 24. 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 E • • r 25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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, 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 27. EXECUTION. This Agreement is effective upon execution, It is the product of negotiation and all parties are equally responsible forauthorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement, 28. 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. 29. 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. 30. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance, Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 31. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 32. 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, 33. NEWS RELEASES /INTERVIEWS, All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by MANAGER shall be prohibited unless authorized by CITY, 34. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 35. 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 MANAGER: WSP USA, Inc, 2150 River Plaza Drive, Suite 400 Sacramento, CA 95833 Telephone: (916) 567-2500 36. kFSO11RCE ALLOCATIOilt. All CIT-T obligations under the terms of this Agreement are subject to the appropriation and allocation of resources • the City Council. 37. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. MANAGER's Federal Tax I D Number 11-1531569 MANAGER is a corporation? Yes X No (Please check one.) (Signatures on Following Page) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. 0 1,211'.11 MUM !%Al 10IM&M E NICK FIDLER APPROTED AS TO FORT: VIRGINIA GENNARO City Attorney M 111 a1 0 rAMITAMM I - �01�1 �l 1100 0 I a I • I N HMO yj I MOW N a Attachments: Exhibits A and B 0 eal CHARLIE GUESS West Region Construction Service Manager +� � a ,�� a . a _ , � � City of Balkersfield WSJ" USA Inc. Construction Management for r xtun Avenue Widening Project Note: Scope may be limited due to budgetary restrictions. Costs were based on a not-to-exceed budget of $600,000. Task 1: Pre-construction Conference and Other Meetirigs Conduct a pre-construction conference with the prime Contractor, subcontractors, the City and other project stakeholders to discuss the work involved, regulatory issue'-,, administrative matters, labor compliance, safety, and accident prevention, answer questions from the contractors, and address issues that. need to be resolved before work COMITIences. Prepare and distribute an agenda before the meeting and prepare and distribute meeting notes as appropriate, Hold periodic progress meetings and other project related meetings and provide appropriate meeting notes, as required. Coordinate the administrative, inspection and testing activities of the construction contract. Serve as the focal point of coordination between the Contractor, City, Designer, Caltrans, regulatory agencies, utility companies, and any other project stakeholders, or interested parties. Maintain corrit-nunication with the City PM and copy City PM on pertinent correspondence. Task 3: Correspondence Management Use Primavera Expedition, as requested by the City, to track documents and verify timely responses to correspondence, submittals and RFI.s. Alternative tracking methods may be proposed by Consultant due to budget constraints. Task 4: Schedule Review Review and analyze the Contractor's construction schedule(s) and updates. Identify areas of concern or discrepancies with schedules. Identify key milestones for action required by the City, Contractor, the Design F.rigineer and Construction Manager, Coordinate RFI responses and issue clarifications and recommend contract change orders, as appropriate. . .............. . . . ...... Construction Management for Truxtun Avenue Widening Project Page I of 11 City of Bakersfield NN'SP LISA lncM Task 6: Submittal Management Coordinate routing and review of submittals. Perform review of submittals, as appropriate. Fstablish schedules for the Design Engineer's timely rcview and notify the City when submittals are not being reviewed within the scheduled period. Task 7: Review Guarantees Review guarantees, bonds-, materials certificates of inspection and tests, certificates of compliance,' and rnain(enance and operations manuals for conformance with contract requirements. Tash, 8: Claims AvoidanceiMitigation Plan Develop a plan to identify how change orders and potential clairns will be managed to reduce the potential for unreasonable delays and extra costs. Task 9. Claim Preparation/Presentation In the event of a claim(s), assist the City with preparation of position documents and assist the City in presenting the case during the [)ispute Resolution Hearing. 'Task 10a: Inspections Provide daily construction inspections and reports. Nip 1111 1 1 EM Monitor the Contractor's quality control, materials used, and equipment testing. 'Task 10c. Review All Certificates of Inspections and Tests Review all certificates of inspections and tests and initial all certificates and reports documenting the review, Task 10d: Coordinate Testing, Quality Assurance (QA) Surveying and Special Inspections Coordinate all QA testing, QA surveying and special inspections, as required. Specific scope for QA testing is iu Attachment 1. Specific scope for QA surveying is in Attachmmt 2, Task 10c: Monitor Stormwater Pollution Prevention Plan (SWPPP) Monitor the; Contractor's Storni.\Nater Pollution Prevention Plan (SWPPP) for compliance. Consultant will review installation and maintenance of Best Management Practices (BN4Ps) based on the approved SWPPP on a routine basis. Construction Management for Truxtun Avenue Widening Project Page 2 of 11 City of Bakersfield WSP USA Inc. ........... OWN.. Task 10f- Observation by Construction Manager Consultant's Construction Manager, or designee, will provide routine observation of construction activities to verify compliance with contract documents. Task 11: Support Services for Field Personnel Provide appropriate support services and equipi-rictitfor field personnel as project needs dictate, Task 12: Labor Compliance/ Certified Payroll Coordinate labor compliance activities with the City. At the City's request, Consultant will assist the City with labor compliance tasks such as review ofthe Contractor's certified payrolls, including fringe benefit statements, in accordance with prevailing "age rates set by the California Labor Code, Maintain records to verify Equal Employment Opportunity (EEO) requirements are perfor-i-ried and documented, Task 13: Construction Administrative Activities Perform required construction administration activities in accordance with Caltrans Construction Manual and City requirements. Task 14: Construction Documentation Records will, be maintained on a routine basis and consistent with Chapter 5 - Contract Administration, of Caltrans Construction Manual. Project documentation and reporting will be tailored to meet the requests of the City. Task 15. Daily Reports Daily reports will be maintained in file category 45 and 46 for Resident, Engineer and Assistant Resident Engineer daily reports, consistent with Caltrans Construction Manual. Task 16: Identify Potential Claims Identify potential claims, evaluate and develop options, and make recommendations to the City to resolve them. Task 17: Contract Change Orders Review necessary and desirable changes to the project, advise the City of change inipacts; determine equitable cost for change orders; coordinate design work needed with the Design Engineer, and obtain concurrence, if needed, from the Designer, Caltrans, and the City. Task 18: Off-site Inspections Coordinate and conduct off-site inspections, as authorized by the City. . . . ......... Constrtiction Management for Truxtun Avenue Widening Project Page 3 of 1.1 City of Bakersfield WSP USA Inca Task 19: Progress Payments Prepare and recommend approval of monthly Progress Pay Estimates and. Finat flay Estimate, Task 20: Biological and Paleontological Services Provide Biological and Paleontological monitoring senrces as requested by the City. Specific scope for Biological Monitoring is in Attachinerit 3, The City has indicated there is currently no planned need for Paleontological Monitoring but available scope/sen, ices for Paleontological Monitoring is in Attachirtent, 4, Task 21.: Record Drawings Monitor as-built Record Drawings maintained by the contractor on a regular basis. 9=91 m1ruffillm Inspect the near-cornpleted. facilities and prepare a punch list of discrepancies and deficiencies. Prior to issuance of the Certificate of Completion of the proJect, notify the City with a staterrient that any deficiencies have been corrected once the Contractor has addressed all items. Task 23: Project Records Transmit project records to the City upon completion and acceptance of the project, ................. . Construction Management for Truxtuni Avenue Widening Project Page 4 of 11 City of Bakersfield VVSP USA hic. Attachment 1. Quality Assu rance '"resting (BS K) Available Scope of Services for QA Materials Sampling and Testing Note: Scope may be limited due to budgetary restrictions, Costs were based on a not-to-exceed budget of $50,000. SCOPE OF SERVICES At the time of this proposal, we were not provided approved plans or specifications, We based this scope of services on typical materials testi rig requirements for projects of this size based on California Department of "Transportation standard specifications and a maximum budget of S50,000. Our scope of services for this project includes subgrade soil compaction testing, concrete sampling, concrete aggregate sampling, concrete sample pick. up, Hot Mix Asphalt (IINIA) observation and sampling, I IM A aggregate sampling, FIMA coring, shop material ID, Laboratory testing, and report preparation. Our scope of services does not include special inspections, If you should need those services we Dave excluded, please contact our office, so we can amend this proposal, We will charge our services on a time- and - materials basis in accordance with. the hourly rates listed in Our CosI.Evim.ole, see appendix Fig I., for this pLevaulair� w�a e project. The hours listed in our Cost Estimate are only estimates. We cannot account for delays ot'which we have no control such as, brut not limited to, retest and re-inspections, contractor's schedule, contractor's means and methods, or number of workers on contractor's crew. We will separate retests, re-inspections,, standby, cancellations, and other delays which increases our time on the project beyond what. we estimated. We will bill travel time "'portal -to- portal'" from our Bakersfield office, We will bill in one hour increments including travel. We will submit invoices monthly with work completed during the invoice period. To accommodate the construction schedule, we may need to employ subcontract special inspectors. Should we need to employ subcontract special inspectors, we will bill their time on our invoices and charge their time as if they were BSI employees in accordance with our rates listed in our Cost Estimate. We based our Cost Estimate on the following assumptions: 0 field work will occur during normal business hours Monday through Friday; 0 a standard work day is 8 hours per day, Monday through Friday including travel time (we will charge 1.5 times the standard, hourly rate for working from 8 to 12 h0UrS in one day); 6 shops and batch plants are local to Bakersfield; * superpave specifications will not apply; and 0 the contractor, shop, or client will provide safe and adequate access to perform testing and inspection. Construction Management for Truxtun Avenue Widening Project Page 5 of 1.1 City of Bakersfield )VSI[I' USA Inc. ----_------ We will notify you if it appears that the amount of time we spend working on the project may exceed our total budget estimate. Howevcr, due to the timin and nature of out set-vices, this may not always be possible. We will make every effort to respond to your inspection needs on this project. To assure we provide the services you need, we request that you, or Your authorized representative schedule inspection and testing services at least 48 hours in advance. To avoid show-up charges, please cancel requests for service at least two working hours in advance of our arrival time. GENERAL CONDITIONS AM[) LIMITATIONS We provide rnaterial testing and inspection services to help ensure that the work is in substantial conformance with the project documents and as required by applicable jurisdictions, 'rhese services shall not be construed as acceptance of the work or relieve the contractor in, anY way from its obligations and responsibilities as oudined in the applicable construction documents, We assume no responsibility for the safety of others on the jobsitc or the means and methods of construction. We will perform our services consistent with that level of care and skill ordinarily exercised by other consultants practicing, in the same discipline and. locate at the time the services are performed. No other "arranties, either express or implied are provided. ff changes occur in the design of the project, please notify us in writing, C� J . . . . ...... . Mm� Construction Management for Truxtun Avenue Widening Project Page 6 of 11 City of Bakersfield W P LJSA lnc� ......... . Attachment 2 — QA Surveying (WSP) Available Scope of Services for Quality Assurance Surveys Note: Scope may be limited due to budgetary restrictions. Costs were based on a not-to--exceed budget of $5,000. 1'0 Pro'cet Mana enrent 1.1 Survey Plan Review WSP will review the construction drawings in accordance with the field survey tasks described below. All findings will be documented and forwarded to the Resident Engineer, M= WSP will attend up to two (2) meetings, When approved survey requests are received, WSP will coordinate survey crew mobilizations with the Resident Engineer. The survey crew will hold a tailgate safety meeting at the beginning of each mobilization to discuss safety issues related to site conditions and hazards; minutes of safety meetings will be maintained in the office and forwarded to the Resident Engineer upon request, 2.0 QA--Q—C--IS _U_rV_e_Y_s 2. 1 Survey Control Verifleation and Densification The survey crew will perform a field survey to verify horizontal and vertical control Inonumentation as provided for the project. Primary survey control monumlents will be recovered and tied to form a horizontal and vertical network, Monument descriptions, character and positions will be checked for compliance with the plans. Additional monuments may be set as needed to provide inter-.visible, points at maximum one-quarter mile intervals. A report of the results of our survey and findings will be delivered to the Resident Engineer. 2.2 Verification of Existing To and Critical Tie-ins The survey crew will collect surface shots for the verification of base topographic mapping at critical locations, This may include (but not be limited to) the locations of' existing bridges, structures, exposed utilities, roadways, rail and other features within the construction area. Positions and clearances will, be compared to those shown on the plans; a report of all findings will be made and delivered. to the Resident Engineer, Construction Management forTruxtun Avenue Widening Project Page 7 of 11. City of Baliersfield Sp` USA Inc. . .... .... .... Once constrUCtion begins, WSP is anticipating one mobilization during the project. QA, sarvey requests may be made for verification of stakes, forms and/or of constni.cted items. All. requests and mobilizations will originate frot-ri, the Resident Engineer, 2.4 Additional Services requested by the Resident Engineer As Requested by the Resident Engineer, provide independent surveys for the collection of topographic mapping, preparation of volumetric quantities, for performance of settlement monitoring and for other survey and/or mapping tasks as needed in support of the Construction Management team, _.m._..._......._._ _ ............. ..... Construction Management for Truxtun Avenue Widening Project Page 8 of 11 City of Bakersfield WP USA lne Available Scope of Services for Biological Monitoring Note: Scope may be limited due to budgetary restrictions. Costs were based on a not-to-exceed budget of S 10,000. Task 1: Training and Pre-activity surveys A QK Metropolitan Bakersfield Habitat Conservation Plan (MBIlCP) approved biologist will conduct pre-construction surveys for special-status species and provide environmental training to construction personnel as requested. Task 2: Daily Monitoring (Sweeps) A QK MBHCP approved biologist will provide daily monitoring during ground disturbing activities as requested. Task 3: Clearance Survey Report Prepare and submit a letter report to the City and the wildlife agencies outlining the results of the clearance survey within 7 days ofthe survey. Task 4: Post-construction Compliance Report As requested, compile observations and inspection records of the project and submit a report to the City and permitting agencies upon completion of the project. Task 5: Project Management A Project Manager will coordinate the needs ofthe project and manage the biological services for the project, including monitoring schedules, survey coordination, client conunum cations, meetings', updates, and agency coordination, as requested. Task 6: Kit Fox Monitoring (Suggested Additional Service, not included in budget) As requested, provide and MBHCP approved. biologist to monitor dens, for four consecutive nights in accordance with the Take Minimization Measures as outlined in the Conditions for Approval 7. 1, 7.5 and 7,6 of the Incidental Take Permit for the Ml3HCP. Construction Management for Truxtun Avenue Widening Project Page 9 of 11 City of Bakersfield WSty USA Inc. Attachment 4 — Paleontological Monitoring (AE) Available Scope of Services for Paleontological Monitoring Note: The need for paleontological monitoring has not been determined and the scope may be limited due to budgetary restrictions. Costs were based on a not-to-exceed budget of $5,000. SCOPE OF WORK FVMM Prior to the start of ground -disturbing activities, E's Principal Paleontologist (or representative) will attend a pre-construction meeting with the grading contractor and all on-site construction personnel to provide training. The training will include an overview of the typical paleontological resources that are known to occur near the Project area and will provide an overview of the applicable taws and regulations that protect any fossils that may be encountered during the Project. Finally, the training will serve to inform all on-site workers of the procedures to follow in the event of a. fossil discovery. Task 2 Based on the degree of previous monitoring efforts for similar undertakings in the immediate Project vicinity (e.g., the Hosking/SR99 project), A37 will provide a qualified paleorito logical monitor full-time during ground-disturbing activities exceeding 5 feet in depth in all previously undisturbed portions of the Project area determined to be sensitive for fossil resources. The monitor- will inspect excavated or graded areas and trench sidewalls for evidence of paleontological resources. Back-dirt for auger excavations will also be checked. Throughout the course ofthe Project, the on-site monitor will consult with the Principal Paleontologist to determine the need for on-going monitoring based on field observations of the geologic deposits being impacted. The frequency of on-site monitoring will be determined by construction activities and as deemed necessary by +-'s Project Manager in consultation with the Construction Manager, Monitoring procedures may include on-site screening of sedimentary matrix for the presence of microfossils, at the discretion of the Principal Paleontologist. Each sample will consist of dry- screening up to 200 pounds of sediment to test for micro vertebrates. Should wet-screening be required then, it will be performed at a safe on-site location away from construction activities Any test sample yielding sufficient rnicrofossils will necessitate a "standard sample" of 6,000 pounds to be processed on-or off'-site. For the purposes of this cost estimate, it is assumed that test sampling can be accomplished on-site concurrent with monitoring and no standard samples will be necessary, Construction Mona geriientf car Truxtun Avenue Widening Project Page 1.0 of 11 City of Bakersfield WSP USA Inc. If fossils arc discovered, the monitor will temporarily divert construction to assess the find. If deemed scientifically significant or potentially significant,, the monitor will collect the fossil specirrion(s) and pertinent associated data in a mariner that would minimize or avoid construction delays. All scientifically significant fossils recovered during monitoring will be prepared, identified, and curated permanently into the designated repository. Given that the quantity, types, and condition of fossil resources that may be discovered is impossible to predict, the current cost estimate does not include expenses related to the treatment and curation of fossil specimens. F'uithermore. this scope does not include costs for data recovery, consultation regarding any discoveries, or salvage excavation of paleontological resources which may be found during this monitoring. After fieldwork, the results of the paleontological monitoring program will be documented in a final monitoring report, The report will include a suniniary of the field methods, an overview of the Project area. geology and paleontology, a list of'taxa recovered, an analysis of fossils recovered (if any) and their scientific significance, and recommendations, All paleontological work will be conducted in accordance with the guidelines of the SVP and will satisfy the requirements of the California Environmental Quality Act, ASSUMPTIONS 5 Given that the quantity, types, and condition of fossil resources that may be discovered is impossible to predict, the current cost estimate does not include expenses related to the treatment and curation of fossil specimens. I 11 The enclosed cost estimate assumes that the work. will occur over consecutive regular work days and, as such, includes only one mobilization and demobilization per work week, included in the daily rate, assuming a 5-day work week. Should work become intermittent, there may be additional daily costs incurred for travel for the paleontological monitor from their base art either our Pasadena or Fresno office. i .1 Partial monitoring days will be billed at a four-hour minimum, and overtime (over 8 hours) will be billed at a rate of time and a half, F, T'o avoid construction, delays, /E requests at least 48 hours", notice for paleontological resource monitoring. COST ESTIMATE Hs cost estimate to complete the tasks described above is attached, The workers' training and reporting will be completed for a fee not to exceed $609.78 and $2,176,92, respectively, as shown in the enclosed cost estimate. The rate for a paleontological NSOUrcc monitor is $950.59.1day. As previously stated, k. assumes that no paleontological resources will be discovered during Fieldwork. Should resources be discovered, then all costs associated with the treatment and curation of the finds, including addition.al reporting, will be provided in a separate scope and cost estimate. ........ ..... Construction Management for Truxtun Avenue Widening Project Page 11 of 1 1 VVSP USA INC. Aopr0vg6: D8�� In q/88/2017 Truxtun Avenue Operational Improvements Project consists ol, widening rruxtun Avenue, a City of Bakersfield owned and maintained street which crosses under State Route 99 lSR-99), frorn a 4-mne cofloctor to a 6-fane arterial. This widening would occur from Empire Drive to amm'/oo feet east of Elm Stout The proposed wm"nmov/rm^mnx"v^uewm/nwmvemyxco»*,at/v"oawmovtmmmtmm/"°nwmvuavu 2nusvmmamuumout Truxtun Avenue is within the State of CalIfornia right-of-way where it crosses beneath Truxtun Avenue LJC, Bridge 50-268 m/sn'oo, Bridge so-268 currently spans the 4 lanes ofrmxmo Avenue between Beni e and Bent o. This project proposes to add cod lame meach direction mrmmoo Avenue uy adding two new ,1':m/ lanes uawvuen Abutment / and Bent c for eastbound travel. mvve new anus will have a 4-loot outside Shoulder and mu'mntmomeshoulder. This project also proposes to lower rmxmn Avenue ut Bridge a0-uaam order machieve 1s feet n/ vertical o/vuramaao required ovn(,woa'mnostandards. Major project features include muv»ack retaining wall atmmnvvm abutment (Abutment 1) of Bridge 50-268 and the honer of ruction/extons ion of the Cirrier Canal Culvert located auu feet east wa,muoso'oee. Most o/ the widening along rmxmv^vo"va will occur n, the South side v/ the roadway mnma,meuuc*nnm'of'wa,acno/simma^uwwm Impacting wmmvmia/ office buildings located along the north side mTmxmnAvenue, Project /,anuo/namomuarmmnrcmrm031201 P. Basis For Estimate 1) WSP contract tu start January 201R arid end February 2O19. 2) Construction to begin January 2o18 and end December 2O18 8; Full-time field personnel expected to average 153 staff-hours per month, 4) Overtime Inspection, it necessary, will include premium time for non-exempt employees, 5) Rate escalations estimated 8.5'� annually each January S} °Oenu$m employees subject to prevailing wage cf FEE (10%) $45,759 $457,585 3) MISCELLANEOUS EXPENSES $26,583 Markup (0%) $0 SUBTOTAL $26,583 COST: $554,168 FIXED FEE: $45,759 COST PLUS FIXED FEE: $599,926 11101117 CC AGENDA PACKET PG 521 CL 1 °yqN� I Pm dJ Gy Xd sa dad CxY 11101117 CC AGENDA PACKET PG 522 ....... ... 11101117 CC AGENDA PACKET PG 522 ql m m CO < U) m 115 ID cl im cn yy IN uj IN to Q uj ti, ....... ... ------ 0 C', ca D- Lij O > Cc: 0 0- LY as 01 cr, 2 Li C- POM WMINMIN 10 WSP ESTIMATED MISCELLANEOUS EXPENSES 3 1,000 UNIT UNIT OTY COST SUBTOTAL TOTAL A) VEHICLES (includes vehicles lease, licensing, taxes, fees, fuel, maintenance and miscellaneousones.) Month 14.1 $1,200.00 $16,911 truEF -3 Ion / F�ojec l nags JT m bi�njc;n, P 0.2 $1 200,00 Resident Engineer/Structures F Alex McDonnell Month 2,4 $1,200.00 $2,905 Inspector 'Mike Lyons Month 11.5 $1,200,00 $13,800 Office Engineer Victor Yanez Month O'D $0,00 $0 Survey equipment Actual $16,911 0 1 611111111119NNNNEMMit Computers Actual 3 1,000 $3,000 Miscellaneous Actual 1 500 $500 --.$3,500- C) FIELD EQUIPMENT Digital cameras Actual $200 $0 Video camera Actual $700 $0 Survey equipment Actual $750 $0 Safety equiment Actual 1 $100 $100 Tools Actual 1 $100 $100 Miscellaneous field equipment Actual 1 $100 $100 $300 D) FIELD OFFICE (minimum 800 SF) All - In Month 14 $0 $0 $0 E) PER DIEM Short term ($146/day) Person Month 2 $292 $584 Long term ($48/day for 2 staff) Person Month 9 $432 $3,888 ----$4,472— F) OFFICE SUPPLIES Initial Supply Actual 1 500 $500 Office Supplies Actual 12 50 $600 Postage/Express Mail Actual 12 25 $300 $1,400 Direct expenses will be billed at actual cost without markup. Under-runs for some expenses may be applied to over-ruins in others, as necessary TOTAL DIRECT EXPENSES $26,583 11101117 CC AGENDA PACKET PG 524 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Consent - Miscellaneous u. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 10/17/2017 111-11 V 03 SUBJECT: Fiscal Year 2016-17 Annual Compliance Report for Park I mpact Fees prepared in accordance with California Government Code §66006. STAFF RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2016-17 Annual Compliance Report for Park Impact Fees. BACKGROUND: Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached annual compliance report provides this information. Attached is the City of Bakersfield's annual compliance report for park impact fees for the fiscal year ended June 30, 2017, prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. After the public review period, the annual compliance report will go before the City Council at the November 15, 2017, meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than to make the information available to the public. ATTACHMENTS: Description Type Pa irk Ilirnpa ct Fees, XB1600 BackU�P IMa teir4� a .a CITY OF BAKERSFIELD PARK IMPACT FEES (California Government Code § 66006) FY 2016-17 AAA VnR Karen Goh CITY COUNCILMEMBERS Willie Rivera Councilmember, Ward 1 Andrae Gonzales Councilmember, Ward 2 Ken Weir Councilmember, Ward 3 Bob Smith Councilmember, Ward 4 Bruce Freeman Councilmember, Ward 5 Jacquie Sullivan Councilmember, Ward 6 Chris Parlier Councilmember, Ward 7 Submitted by Alan Tandy City Manager 11101117 CC AGENDA PACKET PG 528 CITY OF BAKERSFIELD Alan Tandy Virginia Gennaro Art Chianello Douglas R. Greener Dianne Hoover Jacqui Kitchen Lyle Martin Nick Fidler Nelson Smith EXECUTIVE STAFF City Manager City Attorney Water Resources Manager Fire Chief Recreation and Parks Director Community Development Director Police Chief Public Works Director Finance Director Annual Compliance Report for Park Impact Fees (California Government Code § 66006) Table of Contents Page Introduction.................................................................. ............................... 1 Summary of FY 2015 -16 fiscal activity ............................... ............................... 1 Annual reporting requirements ........................................ ............................... 2 Descriptionof fee .......................................................... ............................... 3 Amountof fee ............................................................... ............................... 3 Beginning and ending fund balance ............................. ............................... 4 Fees collected and interest earned ................................ ............................... 4 Public improvements ..................................................... ............................... 4 Estimated timing of projects ......................................... ............................... 4 Inter -fund transfers / loans .............................................. ............................... 4 Refunds....................................................................... ............................... 4 Public improvements ..................................................... ............................... Attachment A Estimated timing of projects ......................................... ............................... Attachment B Park Zone Map ........................................................... ............................... Attachment C Introduction Development Fee Types As new residents move into the City of Bakersfield, they will require additional park and recreation services and capital facilities. In order to ensure that new development does not reduce the current level of service, the City of Bakersfield can charge new development to cover the cost of providing additional parkland and park facilities. Park development fees can be charged under two California Statutes; the Park Acquisition Fees (Quimby Act) and Park Development /Improvement Fees. Park Development /Improvement Fee: On November 7, 1 990, Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. Park Acquisition Fee: On April 19, 1995, Council established an orderly process for the dedication, reservation and acquisition of park land within the city for the purpose of supplying public parks and recreation facilities. The subdivider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information. The specific information to be made available to the public is summarized on Page 2 of this Report. Pursuant to Government Code Section 66006, after the information contained in the Report is made available to the public, the Council shall review the information in the Report at the next regularly scheduled public meeting. However, the public meeting must occur not less than 15 days after the information contained in the Report is made available to the public. Summary of FY 2016 -17 Fiscal Activity Fund Balance - Beginning 7/1/2016 Revenues Park Development and Acquisition Fees North of the River Recreation and Parks Interest Income Total Revenues Expenditures Capital Projects Total Expenditures Fund Balance - Ending 6/30/2017 Park Improvement Fund* South /Southwest Central Northeast Zone 1 Zone 2 Zone 3 NOR Total $ 6,451,984 $1,288,361 $1,606,772 $ - $ 9,347,117 1,300,855 196,495 348,140 1,845,490 4,895 4,895 26,165 968 9,636 - 36,768 1,887,153 2,556,795 1,285,088 26,130 4,895 3,872,909 3,872,909 $ 5,222,209 $ 200,735 $1,938,418 $ - $ 7,361,361 *http://www.bakersfieldcity.us/gov/depts/finance/cafr.htm 1 Government code Section 66006 (b) (1) sets forth the annual compliance reporting requirements as: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter -fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter -fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. Items A through H listed above are reproduced on each report to ensure accuracy, understanding, and compliance. 2 (A) Description of fee Park Development /Improvement Fees: • The fee for park development and improvement is to finance the development, improvement, and /or enhancement of public parks and recreation facilities. Funds shall be used exclusively for projects as identified in the capital improvement plan, the Parks Element of the Bakersfield Metropolitan General Plan, or comprehensive park plan approved by the City Council. (Ord. 3327) • The City will collect a park development, improvement, and enhancement fee for each new dwelling unit within city boundaries. These fees will be imposed and collected at the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. Fee may be paid at time of building permit issuance if a developer chooses. (BMC 15.82.040) Park Acquisition Fees: • The subdivider shall dedicate land so that a park and its development shall be sufficient in size, topography and design that bear a reasonable relationship to serve the present and future needs of the residents of the subdivision and be consistent with the policies of the Bakersfield Metropolitan General Plan. When a fee is to be paid in -lieu of land dedication, the subdivider shall, in -lieu of dedicating land, pay a fee equal to the value of the land which would otherwise be required for dedication. (Ord. 3646) (B) Amount of fee Park Development /Improvement Fee • From August 12, 2015 to October 11, 2016, the Park Development and Improvement Fee was as follows *: Residential - per living unit Single Family Dwelling Duplex Dwelling Unit Multiple Family Dwelling Unit Mobile Home *Resolution No. 104 -15 (available at: http: / /docs.bakersfie Fee $1,870 $1,870 $1,870 $1,870 dcity.us/WebLink/Welcorne.aspx) • From October 12, 2016 to June 30, 2017, the Park Development and Improvement Fee was as follows *: Residential - per living unit Single Family Dwelling Duplex Dwelling Unit Multiple Family Dwelling Unit Mobile Home *Resolution No. 172 -16 (available at: http: / /docs.bakersfie 3 Fee $1,900 $1,900 $1,900 $1,900 dcity.us/WebLink/Welcorne.aspx) Park Acquisition Fee • The amount of in -lieu fee shall be determined in accordance with the following formula * *: Number of Dwelling Units x.0025 x APPDU* x Fair Market Value Per Buildable Acre *APPDU: Average Persons Per Dwelling Unit * *Ordinance No. 3646 (C) Beginning and ending fund balance* • Park Development Fund Beginning Balance @ 7/1/16 $ 9,347,1 17 Ending Balance @ 6/30/17 $ 7,361,361 * Note: NOR is an entity that is separate and distinct from City fund balance. The City collects park improvement fees and interest earned on those fees on behalf of NOR and holds them in a separate trust account. Beginning and ending NOR trust balance: Beginning Balance 0 7/1/16 $ 2,710,860 Ending Balance - 6/30/17 $ 2,922,286 (D) Fees collected and interest earned Park Development /Improvement: • North of the River Recreation and Parks Fees • Park Development /Improvement Fees • Interest Earned Park Acquisition: • Park Acquisition Fees • Interest Earned (E) Public Improvements • See "Attachment A" (F) Timing of projects • See "Attachment B" (G) Inter -fund transfers /loans • No transfers were made during the fiscal year. (H) Refunds Park Development /Improvement • No refunds were made during the fiscal year. 51 $ 186,575 $ 1,787,755 $ 59,951 $ 57,735 $ 6,564 U- E 0 CL E CD 0 CN 0 U U- 0 CL U- W %I- 0 E E n cn -I.- V) U 0 u U Q) 2 0 -0 0 Vn DQ) Q) 0 Q) Q") E CNO .D D 0 Q) > Q) D DL Q) X LU D U- 0 0 U V) Q) C) -I-- U Q) 0" F— Q) Q) U- Q) c 0 r-.j 4� U Q) eeeeeeee 0 0 Lq q Li 0 co 0 of U-) 0 � 10 N 10 10 01 q 1.0 10 1.0 M 0, M 0, 0 0, 10 — 0 0 ol � ol ol 10 of U-) O O 10 N ol '0 0, W Lo M 0 0' 0 of 00 FN of co U-) of co ch --� ,C� � cl� -- 1oraomof 10 of 10 LO 04 04 1-, 04 04 Lr� '0 CO 04 OL OL 7C) OL OL C) OL --j OL OL OL c C: o OL 15 C) OL 7C) C) E2 0 7C) Q) :2 C) U Q) EEEEEEEE 0 0 0 0 0 0 0 0 C-4 —2 C-4 C6 -li 16 C4 ch N N — FN FN FN 2 C,4 CN 55\/Uuuuu ",4- LO 10 r" r,- r,- r,- "t I I CL I CL I a_ I CL I CL I CL I CL C 0 0 Lq q Li 0 co Ct co co 10 10 00 OR co 0 0 U z z oti 0 0 U 0 l�- ce 0 z co . - - - . N I* . 2 �.x . 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(D P2 11101117 CC AGENDA PACKET PG 537 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 10/6/2017 WARD: Ward 1 SUBJECT: Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the "Street Improvements, North of Brundage Lane and West of Union Avenue, Phases 1 B and 5" Project (CCP § 1245.230), located at 141 1 st Street, Bakersfield, CA 93304 (APN 010-102-05). STAFF RECOMMENDATION: Staff recommends adoption of the resolution of necessity. BACKGROUND: The City Council is being asked to adopt a resolution of necessity to acquire in fee approximately 41,960 square feet of a larger parcel of vacant land located at 141 11t Street, Bakersfield, CA 93304 (Property) by eminent domain for the construction of a retention basin as part of the "Street Improvements, North of Brundage Lane and West of Union Avenue, Phases 1 B and 5" project (Project). Information related to the Property, more fully described and depicted in Exhibits A and B to the attached resolution of necessity, include: Property Owner APN Property Interest National Retail Properties 010-102-05 Partial Fee Acquisition DISCUSSION The power of eminent domain is used by the City only as a last resort to obtain interests necessary for the Project. An offer of just compensation has been made to the owner for the full fair market value of the Property as determined by an appraisal, and City staff has attempted to negotiate an amicable settlement in good faith, and will continue to do so throughout the process. However, as of the date of preparation of this report, a negotiated purchase has not been achieved. California eminent domain law provides that a public entity may not commence an eminent domain proceeding on a property until its governing body has adopted a resolution of necessity. That resolution may only be adopted after the governing body has given the record owner of the affected property, or its representatives, a reasonable opportunity to appear and be heard on each of the required findings. A notice of this hearing was sent by U.S. mail to the Property owner and its representatives, if any, as prescribed by law. The notice stated the City's intent to consider the adoption of a resolution of necessity, the right of the property owner to appear and be heard on the issues set forth above, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The hearing on the proposed resolution relates only to the findings set forth below as they may apply to the property sought to be acquired. The fair market value of the Property is not at issue, nor is the amount of the City's offer a matter for consideration at the time of the hearing. Findinas Finding 1: The Public Interest and Necessity Require the Project The Property is an important element of a larger phased federally funded Project known as "Street Improvements, North of Brundage Lane and West of Union Avenue, City Project T41<225." The initial work of the Project consisted of the preparation of an engineering study and master plan that addressed the need for street improvement replacement and new drainage facilities. The study was prepared on July 8, 2014. The study determined through detailed drainage analysis that storm drainage improvements were severely needed. An existing 15 inch diameter storm drain in Brundage Lane presently serves the area and is severely undersized. The analysis confirms that storm water will back up into the streets of the served area to the point of flooding homes. The Property will be used for the construction of a new terminal drainage retention facility. The new basin will serve to alleviate the potential for flooding. Finding 2: The Project is Planned or Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury The Project has been designed to maximize the benefits to the public at large while minimizing impacts to private property owners. The project team has worked diligently to minimize the need for property acquisitions. Only vacant properties were analyzed for potential drainage retention facilities. The existing Brundage Lane storm drain delivers drainage waters to a remotely located retention basin far from the project. Thus, improvement of the existing storm drain system was determined to be of extreme cost. The engineering study reference above, which provided analysis of several drainage design concepts, determined the proposed retention basin site, located on the Property, which is vacant, was the most economic and practical solution. Thus, the Property serves the greatest public good and causes the least private injury possible. Finding 3: The Interests in the Property are Needed for the Project All property interests sought were analyzed, giving full consideration to whether a feasible design alternative exists that would alleviate the need for the interests. After extensive analysis of design and alternatives, the current Project alternative was selected as the preferred alternative, which requires acquisition of the Property. Accordingly, staff determined the property interest described above is necessary for the Project. Finding 4: Offer of Just Compensation Has Been Made to the Property Owner The City engaged independent licensed appraisers to appraise the Property, pursuant to City policy and applicable law, and determined just compensation based on the Property's "Fair Market Value." A written offer at the full appraised amount of $168,000 was made to the Property owner on or about September 5, 2017. A full copy of the appraisal reports and other information required by Section 7267.2 of the California Government Code was also provided to the owner. In accordance with State law, the owner was also offered up to $5,000 as reimbursement for the cost to have its own appraisal prepared. City staff attempted to negotiate an amicable settlement in good faith, but have been unsuccessful thus far. Finding 5: The Project is a More Necessary Public Use Than Any Existing Public Use Under California Code of Civil Procedure §1240.610, to the extent any portion of the Project site is currently utilized for public use, the City may only acquire that interest to the extent the Project is a more necessary public use. Some or all of the Property may be devoted to other public uses or easements and rights-of-way appropriated to existing public uses. As set forth previously, the proposed drainage improvements that include the construction of a retention basin on the Property will serve the needs of the community to greatly reduce flooding risk. To the extent the Property is already devoted to a public use that interferes with the Project, staff recommends the Council find the Project is a more necessary public use than any existing public uses. NEXT STEPS Should the Council approve the attached resolution of necessity, City staff and the City Attorney will initiate court proceedings to acquire the Property, as well as seek prejudgment possession of the Property, as necessary. Throughout the process, City staff will continue to work with the Property owner to attempt to negotiate and finalize an agreement reflecting fair and equitable compensation for the Property. ATTACHMENTS: Description Type D ReSdUtblrl of Necess ty Resokltblrl D ExhbUk to ReSdU601r] of Necess ty ExhNt D EkNNt IB to ReSdU601r] of Necess ty ExhNt RESOLUTION NO. CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution and Code of Civil Procedure Section 1240.010 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, the City of Bakersfield proposes improvements to an area North of Brundage Lane and West of Union Avenue, Phases 1 B & 5, also known as 141 1 st Street, in the City of Bakersfield, Kern County, California ( "Project "); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire a portion of real property commonly described as APN 010 - 102 -05 in Bakersfield, California, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property ") for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure Section 1240.030 in compliance with California Code of Civil Procedure Section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE incorporating herein the above recitals, be it resolved by the members of the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this Resolution, as follows: 1. Public Use. The public use for which the Property is to be acquired is for specifically the construction of a retention basin which is part of the Project and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 2. Description of Property. Attached and marked as Exhibit A hereto is the legal description and depiction of the Property required for the Project. The Property is illustrated on Exhibit B, attached hereto and incorporated herein by reference. S: \C0UNCIL \Resos \17- 18 \R0N.141 1st St.N.Brundage.W.Union.Docx -- Page 1 of 4 Pages -- 11101117 CC AGENDA PACKET PG 541 3. Findings (California Code of Civil Procedure §1240.030). Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Additional Findings. a. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of any such easements and rights -of -way are on file with City and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. b. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights -of -way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. S: \COUNCIL \Resos \17- 18 \RON.141 1st St.N.Brundage.W.Union.Docx -- Page 2 of 4 Pages -- 11101117 CC AGENDA PACKET PG 542 4. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain including, without limitation, seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non - material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. 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 APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By ANDREW HEGLUND Deputy City Attorney S: \C0UNCIL \Resos \17- 18 \R0N.141 1st St.N.Brundage.W.Union.Docx -- Page 3 of 4 Pages -- 11101117 CC AGENDA PACKET PG 543 CERTIFICATE OF CITY CLERK I, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on , 2017. CHRISTOPHER GERRY S: \C0UNCIL \Resos \17- 18 \R0N.141 1st St.N.Brundage.W.Union.Docx -- Page 4 of 4 Pages -- 11101117 CC AGENDA PACKET PG 544 EXHIBIT "A" APN 010-102-05 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, CITY OF BAKERSFIELD, AND DESCRIBED AS FOLLOWS: THE WESTERLY 290 FEET OF LOT 2 OF BLOCK 17 OF THE UNION ADDITION TO THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 25,1898, IN BOOK 1, PAGE 13 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HE EAST LINE OF WHICH BEING PARALLEL TO THE WEST LINE OF SAID LOT, EXCEPTI NG,rl-1 ERE FROM THE SOUTHERLY 208.71 FEET THEREOF, THE NORTH LINE OF THE EXCEPTED PARCEL BEING PARALLEL TO THE SOUTH LINE OF SAID BLOCK, 101011 lxlym N;cffll fir C � 'r 033710 EXIT._ 0 N H O \ W Z Z r W Z vj % M z W Ld of Lo LU ,/& j �� ��'� �� / J r �ff�f 1 ' %�, /, m I - % r �� / ��� I 11 y ;� / _ Li N LL �Q LL - ,, m o o � Q z x Q 3 - / 0 Z LLJ I t_ L6 r %� rii y m Iz / r I� �rl i U LLJ �ti J ,�/" /lllfi� jk ' r„✓ a ,�� /J f/f �� Ir.. f % iJ' % N I i W z o Q °- LL. °° QLL. QO OU ZO O U HyLd % p �JJ Ill(liiiio, LU °Q LLJ m Z /1 / / / J % r f/ / /r J i I / � 1��� I J /t � /� / / / /// '/ � // „� � „ e�i fflf'%/// o /,l//„'G✓/�� / //r / % ///rrl%�.'/OU r I �, J� . , � r P ��� „ ' t 2, i pry r � d r rr i u'f r it q ° 1 � Ill�fl I 11101117 CC AGENDA PACKET PG 54 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 Hearings 10. b. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 10/18/2017 111-11 V 03 SUBJECT: Public hearing to consider first reading of an ordinance granting a franchise to California Water Service Company. STAFF RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This item provides for a pubic hearing to be conducted regarding first reading of an ordinance granting a franchise to California Water Service Company (Cal Water). On September 25, 2017, Cal Water requested in writing the City Council grant Cal Water a new franchise due to the pending expiration of Cal Water's existing franchise. On October 11, 2017, the City Council approved a resolution of intention to grant a franchise to Cal Water and set a public hearing on the matter scheduled for November 1, 2017. Notice of the intent to grant a franchise was posted in The Bakersfield Californian on October 16, 2017. Existing Franchise: Cal Water has an existing franchise with the City for water distribution that is set to expire on or around December 18, 2017. The franchise provides for payments to the City by Cal Water for the right to lay and use pipes and appurtenances for transmitting and distributing water for any and all purposes, under, along, across or upon the public streets, ways, alleys and places within the City right-of-way as provided by State law (State Constitution and 1937 Act) and the City Charter. The payments made by Cal Water under the franchise are calculated by taking the greater of (1) two percent of Cal Water's gross annual receipts from the use, operation or possession of the franchise or (2) one percent of Cal Water's gross annual receipts from the sale of water within the City limits. This franchise applies to Cal Water's service territory only, which is illustrated in the map attached to this administrative report (dark green area). It should be noted the franchise does not provide the City with any direct influence or oversight over Cal Water's ability to set rates for water use in their system. Cal Water is a regulated utility governed by the California Public Utilities Commission (CPUC). Therefore, the CPUC is responsible for hearing, evaluating and approving any request by Cal Water to adjust the rates they charge for providing water in their service territory. In developing the franchise agreement before the Council, the main points of negotiation between the City and Cal Water focused on two items: term and noticing requirements contained in Section 8 of the attached ordinance. With respect to the term, Cal Water requested a franchise term of 25 years. To allow the City greater future flexibility, staff proposed an initial term of five years with four automatic five -year extension periods, absent a vote of the Council to the contrary in the future. With respect to the noticing requirements in Section 8 of the ordinance, which were placed in the franchise when it was last approved in 2015, staff desired to modify the language to better reflect current practice. Cal Water has been very good at providing all of the notices required in the current franchise and the additional language included in the new franchise further memorialize these requirements in a more detailed manner. Cal Water has indicated their acceptance of the current language included in the new franchise ordinance as it relates to the items discussed above. Therefore, staff is recommending approval of the franchise ordinance. ATTACHMENTS: Description Type PoweirP6int Pireav >entaYiion Pireav >entaYiion D Ca ftiteir fm irairna;INse Ordinance Ordinance D Firairna;INse /k1p"Ip"Ihcatioin II....efteir Ba. ckUu IMateirila. D ftiteir ei vice 'Rairirltoiry Map Ba. ckUup IMateirila. I I I OEM m W jj 4W' �M'W MU 0 44 M IIII� lj If I WWI iii 1 Of *two, LL W OL W, u 0 rlj 11101117 CC AGENDA PACKET PG 550 11101117 CC AGENDA PACKET PG 551 Ian Em & Rol HEM ux, Was III ji ism. NO oil limp F 21 I 11101117 CC AGENDA PACKET PG 551 SOUP, / / %illri % %/, m � f r r / r r rill/ / i �S s 6 imuuuuuuuuuuuuuuum / //i N s� �r 99 l 11/01/17 CC AGENDA PACKET PG 552 c -C 0 C4 co co 0 14- E I) 0 q) 0 (o N () c a) -C q) D (,o c: 4- r- (T 0 D -C 0 0 4-- D D >< C: C: q) C: _0 0 0— -C E 0 4- E X E E q) 0 D q) u 4- u U IM 0 >1 14-- 2: 4) _0 0 -C -+- 0 E +- 0 0 0 D U- n4- 4- 0 C 0 0 0 0 D (D 4- 0 -C • D o D D- < -s-- 0 co co 0 E 0 q) 0 (o N 0 a) q) & c: m D 0 D >- D >< C: C: q) C: _0 0 0 Ln X E E q) q) > Q? 2: 4) _0 > 0 0 D U- a ,��a .a wow *WN, V CIF r6 11�4 oil air 1 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Itt 6 6 6 6 6 6 C3 6 C3 M 00 r- ko Ln m r14 lr� -Ln 4-r} -Ln 4-r} 410- -Ln 410- -Ln z m LLI m m .2 0 (A 4- m u m M X 6 m tio m LLI LL LLI LL 0 Lail -Q) Q) E 0 0 E Q) Q) Q) C) C) 00 N c: 0 _0 Q) V) -Q) 0 z 0 11101117 CC AGENDA PACKET PG 558 40, LAII 0 00 4-0 00 CO 0 rq Ulf 0 vi 4- 4- 0 > 0 0 �a CL "Of 11101117 CC AGENDA PACKET PG 559 ORDINANCE NO. ORDINANCE GRANTING TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND USE, PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES WITHIN THE CITY OF BAKERSFIELD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. The words or phrases below shall have the following definitions unless they are otherwise defined: A. "Grantee" means California Water Service Company, a corporation organized and existing under and by virtue of the laws of the State of California, and its lawful successors or assigns; B. "City" means the City of Bakersfield, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; C. "CPUC" means the California Public Utilities Commission; D. "Streets" means the dedicated right -of -way for public streets, ways, alleys and places within the City as they now or may hereafter exist including, but not limited to, state highways, now or hereafter established within City, and freeways now or hereafter owned by City; E. "Franchise" means and includes any authorization granted hereunder in terms of a non - exclusive franchise, privilege, permit, license, or otherwise to Lay and Use Pipes and Appurtenances for transmitting and distributing Water for all purposes under, along, across, or upon the Streets and will include and be in lieu of any existing or future City requirement to obtain a business license for the privilege of transacting and carrying on its business within the City; F. "Gross Annual Receipts" means all gross operating receipts received by Grantee from the sale of Water to Grantee's customers from the operation of all franchises within the limits of the City less uncollectible amounts and less any refunds or rebates made by Grantee to its customers pursuant to CPUC orders or decisions; -- Page 1 of 8 Pages -- G. "Pipes and Appurtenances" means pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, appliances, attachments, ditch, flume, conduit and appurtenances, wired and wireless communication equipment, and other property of Grantee located or to be located in, upon, along, across, under or over the streets of City, and used or useful in transmitting and distributing water under this Franchise, including any below ground water facilities abandoned in place by Grantee; H. "Lay and Use" means to lay, construct, erect, install, operate, maintain, use, repair, replace, relocate or remove; I. "Public Property" means City Streets, rights -of -way, and improvements including, but not limited to, all public improvements associated with the Streets that may be affected by Grantee's activities including, but not limited to, landscaping, fire hydrant heads, irrigation systems, street lights, street furniture, sidewalks, sewer systems, storm drain collectors, water mains, traffic signals, traffic stops, and bus shelters. SECTION 2. City hereby grants the Franchise to Grantee subject to the terms, conditions, reservations, exceptions and provisions set forth in City's Charter and California Public Utilities Code Sections 6201, et. seq., commonly known and designated as the "Franchise Act of 1937." SECTION 3. Subject to the terms of this Ordinance, the Franchise will be for five years unless, with the consent of the CPUC, or other lawful authority having jurisdiction, the following occurs: (1) Grantee voluntarily surrenders or abandons it; (2) City purchases or, under eminent domain, condemns and acquires the Pipes and Appurtenances used or useful in the exercise of Grantee's Franchise rights hereunder that are situated within City's territorial limits; or (3) Grantee forfeits this Franchise by failing to comply with its terms. The Franchise will automatically renew for four (4) additional five -year periods absent a majority vote of the City Council to renegotiate the terms of the Franchise by June 30th of the fifth year of any future five -year term period as indicated below: • Initial five -year term (by June 30, 2022) • First five -year term extension (by June 30, 2027) • Second five -year term extension (by June 30, 2032) • Third five -year term extension (by June 30, 2037) • Fourth five -year term extension (expires December 31, 2042). -- Page 2 of 8 Pages -- SECTION 4. During the life of this Franchise, Grantee must pay to City two percent of the Gross Annual Receipts received by applicant from the use, operation or possession of this Franchise, which sum shall not be less than one percent of the Gross Annual Receipts derived by applicant from the sale of water within City's limits under all franchises operated by applicant ( "Annual Payment "). If the compensation formula to be paid to a general law city as currently set forth in Public Utilities Code Section 6231 (c) is modified, which if applied to the formula in this section would result in a higher annual fee to be imposed on Grantee than provided for in this section, then Grantee must pay City the higher annual fee as of the effective date of the act modifying the compensation formula. SECTION 5. Grantee must file with the City Clerk within three months after the expiration of the calendar year following the date of the granting of this Franchise, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement ( "Gross Annual Receipts Statement ") showing in detail the total Gross Annual Receipts received by Grantee during the preceding calendar year, or fractional calendar year, from the sale of Water within City. Grantee must pay to City the payments required in this Ordinance within fifteen days after filing its Gross Annual Receipts Statement for that calendar year, or fractional calendar year. If Grantee fails to file a Gross Annual Receipts Statement or make the payments required by this Ordinance, at the time and in the manner required, City may, subject to Section 6, below, declare that Grantee forfeited the Franchise and all of its related rights. SECTION 6. If Grantee fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this Ordinance, and does not, within ten business days after written demand for compliance, begin the work of compliance, or after such beginning does not prosecute the same with due diligence to completion, then City may declare that Grantee forfeited this Franchise and all of its related rights. Said written demand shall specifically identify the provision of this Ordinance with which Grantee has failed to comply and what actions City contends must be taken to bring Grantee's actions into compliance with this Ordinance. City may sue in its own name for the forfeiture of this Franchise in the event of non - compliance by Grantee with any of the conditions hereof after complying with the requirements of this Section. -- Page 3 of 8 Pages -- SECTION 7. City has the right at reasonable times and upon reasonable notice, to have the City Clerk, City- designated accountant, or other appropriately qualified agent of City examine all of Grantee's books, vouchers, records and other papers pertinent to the exercise of the Franchise. If Grantee refuses to produce its books, vouchers, records, or other papers pertinent to the exercise of the Franchise at any reasonable time for examination by City at Grantee's office in the City, subject to Section 6, above, City may declare that Grantee forfeited the Franchise and all of its related rights. SECTION 8. No less than annually, at a time mutually agreed to by Grantee and City, Grantee will present to the City Council information pertaining to the operation of Grantee's water system in City, as well as other water - related matters mutually agreed to by Grantee and City. Information relating to a General Rate CASE filing will be provided to the City Council in this manner when applicable. Grantee will also provide formal notice to the City Manager's Office and the City Clerk of any application or advice letter filed with the CPUC that, if approved, would result in a change to the water utility rates paid by Grantee's customers in City. Said notice is intended to provide the City with reasonable time, as established by CPUC rules and procedures, to act upon any such application or advice letter. Additionally, at the request of City, and at a time mutually agreed to by Grantee and City, Grantee will present to the City Council information pertaining to, and justification for, any application or advice letter filed with the CPUC that, if approved, would result in an increase in Grantee's authorized revenue requirement. It is agreed that such a presentation will occur after the submittal of the application or advice letter with the CPUC. SECTION 9. The Franchise does not in any way or to any extent impair City's right to acquire Grantee's property either by purchase or through the exercise of the right of eminent domain, and nothing in this Ordinance may be construed to contract away, modify or abridge City's right to exercise the power of eminent domain. The Franchise must never be given any value before any Court or other public authority in any proceeding of any character in excess of the cost to Grantee of the necessary publication. -- Page 4 of 8 Pages -- SECTION 10. By acceptance of this Franchise, Grantee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed in this Ordinance and, as to this Franchise, further agrees to: A. Comply with all lawful ordinances, rules and regulations adopted by the City Council now in place or hereafter adopted governing the construction, maintenance and operation of its pipes, appurtenances, plants, works or equipment. B. Pay City on demand the cost of all repairs to Public Property made necessary by any of Grantee's operations under this Franchise. C. Indemnify, defend, and hold harmless City and City's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them or any of them, before administrative or judicial tribunals of any kind whatsoever arising out of, connected with, or caused by Grantee or Grantee's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Ordinance and the Franchise granted hereunder, whether or not caused in part by a party indemnified hereunder, except for City's active negligence or willful misconduct. Grantee must, on City's request, defend any action against City asserting a claim covered by this indemnity. Grantee shall engage legal counsel of its own choosing to jointly represent City and Grantee under this paragraph. If a conflict of interest exists between Grantee and City in said action, precluding joint representation of Grantee and City by the same legal counsel, Grantee shall choose its own legal counsel as well as City's separate legal counsel. In all such events, Grantee shall pay all judgments, legal fees and related litigation costs for both City and Grantee. City shall not settle any claim or lawsuit subject to this indemnity or defense obligation without the prior written consent of Grantee. D. Grantee agrees to remove and relocate in a timely manner and without expense to City, any Pipes and Appurtenances, and any other facilities or equipment installed, used and maintained under this Franchise, if and when made necessary by any lawful change of grade, alignment or width of any Streets by City or its agents including, but not limited to, the construction of any subway or viaduct, public sewer system, canal, or sump. Grantee's obligation to remove or relocate its facilities or equipment under this Franchise without expense to City also includes relocations made necessary by all public improvements that were previously within the ownership or control of the State -- Page 5 of 8 Pages -- of California or the County of Kern but which have subsequently been accepted and maintained by City. SECTION 11. Compliance with Local Laws. A. Grantee must construct, maintain and use all Pipes and Appurtenances in a good and workmanlike manner and in compliance with all lawful and applicable Federal, State and City laws, ordinances, resolutions, regulations, policies, rules, orders, plans and specifications now in effect or as amended or added from time to time during the term of this Franchise except to the extent State or Federal law or regulation preempts those City laws or regulations. B. Upon constructing, maintaining or using any Pipes and Appurtenances or any part thereof, Grantee must expeditiously at its own cost and expense restore to applicable lawful City standards all Public Property disturbed or altered as a result of Grantee's actions to a condition that is the same or substantially similar to their condition immediately prior to the start of that construction or maintenance. Grantee must comply with City's terms and conditions concerning the location within the public right -of -way of the proposed facilities, except to the extent State or Federal law or regulation preempts those terms and conditions. C. Grantee's activities and each restoration of Public Property under this Franchise must be performed in a good and workmanlike manner, and in accordance with the lawful standard plans, specifications, orders, rules and regulations of City and each of its applicable departments, and subject to all lawful fees and exactions, except to the extent State or Federal law or regulation preempts those plans, specifications, orders, rules and regulations. SECTION 12. This Ordinance will become effective thirty days after its passage. SECTION 13. Grantee must reimburse City for all publication expenses incurred by City in connection with the granting of this Franchise within thirty days after City provides Grantee with a written statement of such expenses. SECTION 14. This Franchise will not become effective until Grantee files written acceptance of the Franchise with the City Clerk; provided, however, that -- Page 6 of 8 Pages -- Grantee must accept this Franchise within thirty days after the adoption of this Ordinance by the City Council unless the timing for acceptance of the Franchise is otherwise extended by the City Council. When filed, Grantee's acceptance will constitute Grantee's continuing agreement that if and when City annexes property or consolidates additional territory into City limits, this Franchise will be deemed to apply within the limits of that annexation or consolidation. SECTION 15. Grantee may not transfer or assign the Franchise without prior written consent of the City Council evidenced by a duly adopted resolution approving the assignment or transfer and unless the transferee or assignees thereof covenant and agree to perform and be bound by each and all of the terms and conditions imposed in this Ordinance and by the City Charter. Consent to such transfer or assignment shall not be unreasonably withheld, conditioned or delayed. SECTION 16. If Grantee ceases distributing water to its customers through its Pipes and Appurtenances within Grantee's service territory located in the City limits for a period of sixty days the City Council may, by resolution, and subject to Section 6, above, declare this Franchise to be forfeited. The resolution may further provide, at the option of the City Council, and in compliance with all requirements of law, that all works, installations, and equipment of Grantee that have been placed in, on or over the Streets will become City property and all right, title, and interest to those works, installations, and equipment will vest in City. Notwithstanding the foregoing, Grantee reserves all rights and claims available by law or otherwise, to contest and /or protest the adoption of the aforesaid resolution or the subsequent transfer of Grantee's works, installations, and equipment to City. Nothing in this Section 16 shall constitute a waiver of any rights by Grantee whatsoever relative to the transfer of its works, installations, and equipment as above provided. -- Page 7 of 8 Pages -- HEREBY CERTIFY that the foregoing Ordinance was first read at a regular meeting of the City Council of the City on the 4th day of November, 2015, and was passed and adopted at a regular meeting of the City Council held on the 18th day of November, 2015, by the following vote: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSTAIN COUNCIL MEMBER ABSENT: COUNCIL MEMBER APPROVED KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RI:dI1 S: \WATER \Cal Water Franchise Agy \City Cal Water Ord Franchisel0- 13- 17.13— RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK AND EX OFFICIO of The Council of the City of Bakersfield -- Page 8 of 8 Pages -- CALIFORNIA WATER SERVICE GROUP CALIFORNIA WATER SERVICE COMPANY - CWS UTILITY SERVICES 1720 NORTH FIRST STREET - SAN JOSE, CA 951124598 - (408) 367-8200 APPLICATION OF CALIFORNIA WATER SERVICES COMPANY FOR A WATER FRANCHISE PLJRSUANT'rO THE PROVISIONS OF DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE CAF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937 To the City Council of Bakersfield, California 1,adles and Gentlemen: The undersigned applicant hereby makes an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franchise, and, in compliance with the provisions of Section 6231 thereof, states: 1. The narMe of the applicant is California Water Servizes Company. The applicant is a subsidiary of California Water Service Group, a. corporation organized and existing under and by virtue of' the laws of the State of California and engaged as a. public utility corporation in trall Sill itting and distributing water for all purposes to consumers in various municipalities and communities in the State of California, including the City of Bakersfield. 2. The franchise herein applied for is for the purpose of laying and using pipes and appurtenances for transmitting and distributing water for any and all purposes, Under, along, across, or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist within the City of Bakersfield, 3. The term of the franchise herein applied for is proposed to be a 25 year term, pursuant to Section 6264 of the Public Utilities Code of the State of California. 4. If granted the franchise herein applied for, the applicant will pay to the City of Bakersfield during the life of such franchise, two per cent of the Gross Annual Receipts received by applicant from the use, operation or possession of said Franchise, which sum shall not be less than one per cent of the Gross Annual Receipts derived by applicant from the sale of water within City's limits under all franchises operated by applicant, Dated this day of 2017 IV IA WATER SERVICES C0i'APA,4 1( Its: V*f 71, G WAL WATER SE.RVICHS COUIAKERSFIELD FR ANCHISE"Application for Water Fm=hiva �- Cal Water de, "A I 10 • 4*J Otto", u Z) w W W Ail 0 Lu L 0 nr 11101117 CC AGENDA PACKET PG 569 +J (9, In F Z epc di. 12 2! N i- Tl, tag( 'To r Ell to ra 21 11101117 CC AGENDA PACKET PG 569 ADMINISTRATIVE REPORT MEETING DATE: 11/1/2017 New Business 13. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 9/17/2017 111-11 V 03 SUBJECT: Resolution setting the dates of the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2018. STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: This resolution sets forth the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2018. Meetings will be held in the City Council Chambers at 3:30 p.m. and 5:15 p.m. The proposed calendar is similar to the current year calendar. Two Monday budget workshops are scheduled at 12:00 p.m. on May 14, 2018, and June 4, 2018. The budget hearing is scheduled at 5:15 p.m. on June 6, 2018, and the budget adoption is scheduled at 5:15 p.m. on June 20, 2018. National holidays, spring break, conflicting board meetings, League of California Cities conferences, State of the County event, and budget deadlines were taken into consideration when preparing the calendar. One meeting is scheduled during the months of February, April, July, August, October, and December. F-11 1111 all M I ��i 14 Ll 11 &-] Description D ReSdUdOlrl D ExhbUk Type Resokltblrl Exhbt RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING THE DATES FOR REGULAR MEETINGS OF THE CITY COUNCIL, DEPARTMENT BUDGET PRESENTATIONS AND BUDGET HEARING FOR JANUARY THROUGH DECEMBER 2018. WHEREAS, pursuant to Section 2.04.010 of the Municipal Code of the City of Bakersfield, the Council may, from time to time, by resolution, change the meetings to be held during any specified period of time. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the Regular City Council Meetings will be held on Wednesdays in the Council Chambers at 3:30 P.M. and 5:15 P.M., Department Budget Presentations will be held on Mondays at 12:00 P.M., or as soon thereafter, and Budget Hearings will be held at 5:15 P.M., or as soon thereafter, as shown below and on Exhibit "A" attached hereto: REGULAR CITY COUNCIL MEETINGS (Wednesdays at 3:30 p.m. and 5:15 p.m.) January 10, 2018 May 9, 2018 September 5, 2018 February 7, 2018 February 21, 2018 March 7, 2018 March 21, 2018 April 11, 2018 May 23, 2018 June 6, 2018 June 20, 2018 July 18, 20178 August 15, 2018 September 19, 2018 October 17, 2018 November 7, 2018 November 28, 2018 December 12, 2018 DEPARTMENT BUDGET PRESENTATIONS (Mondays at 12:00 noon) May 14, 2018 June 4, 2018 BUDGET HEARING AND ADOPTION June 6, 2018 June 20, 2018 (Adoption) I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY, ACTING CITY CLERK 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 SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL =Holidays - City Hall Closed JANUARY S M T W TH F S mmmmmmm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 291 301 311 311 1 1 mmmmmmm 29 30 NO © ©0© T W ®0© F S mmmmmmm 2 3 4 5 6 7 mmmmmmm 9 10 11 12 7-14 12 mmmmmmm 16 17 18 19 20 21 mmmmmmm 23 24 25 26 27 28 mmmmmmm 30 31 301 311 31 1 mmmmmmm 29 30 JULY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 7-14 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 301 311 31 1 31 29 30 OCTOBER S S M T W TH F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 291 301 311 31 1 31 29 30 FEBRUARY S M T W TH F S S S 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19. 211 21 22 23 24 25 26 271 28 301 31 30 31 29 30 AUGUST S M T W TH F S S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 271 281 291 301 31 30 31 29 30 NOVEMBER S M T W TH F S S S 1 2 3 4 5 6 7 8 9 10 11 12'' 13 14 15 16 17 18 25 19 26 201 27 211 281 221 291 23 30 24 24 25 261 27 28 29 30 "EXHIBIT A" MARCH S M T W TH F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 29 30 SEPTEMBER S S M T W TH F S 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 251 261 27 28 29 30 DECEMBER S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 30 _. 31