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11/15/17 CC AGENDA PACKET
Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following: 1. California Water Service Company and City of Bakersfield v. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV 470999. 2. Citizens Against the 24th Street Widening Project v. City of Bakersfield; California Department of Transportation Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT-, Consolidated with BCV-1 6-101556 NFT c. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter). 5. CLOSED SESSION ACTION 6. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro DATE: 11/2/2017 111-11 N 03 SUBJECT: Conference with Labor Negotiator pursuant to Government Code Section 54957.6. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Closed Session 4. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 11/2/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following: 1. California Water Service Company and City of Bakersfield v. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV 470999. 2. Citizens Against the 24th Street Widening Project v. City of Bakersfield; California Department of Transportation Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT-, Consolidated with BCV-16-101556 NFT STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Closed Session 4. c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro DATE: 11/2/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter). STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Bkie IMeirno Type Coveir IMeirno 11/15117 CC A GENDA PA CKET PG 4 BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 15, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Savana Basconcillo, Senior from Independence High School. 4. PRESENTATIONS a. Presentation of a Certificate of Recognition by Mayor Goh to Panorama Drive home owners Shirley and Mark Brewer for Fall 2017 Yard of the Season. b. Presentation of the Mayor's Business Beautification Award by Mayor Goh, to Wes Bradford, CEO of Clifford and Bradford Insurance Agency. 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the November 1, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from October 20, 2017 to November 1, 2017 in the amount of $10,626,501.08, Self I nsurance payments from October 20, 2017 to November 1, 2017, in the amount of $257,178.57, totaling 11/15117 CC A GENDA PA CKET PG 6 $10,883,679.65. Ordinances: C. First reading of ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 1.34.020 relating to Appeals to Department Heads. 2. Amending Section 2.28.050 relating to Meetings and Technical Advisors. 3. Amending Section 2.28.060 relating to Meetings and Councilmember as Advisor. 4. Amending Section 12.56.055 relating to Expulsion from City Facilities. 5. Amending Section 17.72.010 relating to Zoning Enforcement and the Designated Person. d. Adoption of an Ordinance granting a franchise to California Water Service Company. Resolutions: e. Resolution authorizing the Public Works Director to apply for an energy efficiency loan from the California Energy Commission (not to exceed $3,000,000) for a citywide LED street light conversion project. Ward 7 f. Resolution authorizing the City Manager or Finance Director to execute documents related to a grant application for the Talisman Sump Improvements. Ward(s) 2, 5 9. Police Department Facilities Security Upgrade: 1. Resolution determining that the DMP Entre Door Access System 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 $75,000. 2. Agreement with Tel-Tec Security Systems, Inc. (not to exceed $75,000) to upgrade and expand the electronic door access system at the Bakersfield Police Department Headquarters, Westside Substation and City Hall South. h. New temporary job classification and change to salary schedule: 1. Amendment No. 21 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. 2. New temporary job classification: Parking Enforcement Technician. Ward(s) 1, 2, 3, 7 i. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1938 adding Area 3-105 (3411 Hosking Avenue) — Ward 7 2. ROI No. 1939 adding Area 3-106 (2650 Panama Lane) — Ward 7 3. ROI No. 1940 adding Area 3-107 (9804 Compagnoni Street) — Ward 7 4. ROI No. 1941 adding Area 4-172 (740 Monticello Avenue) —Ward 1 5. ROI No. 1942 adding Area 4-173 (614 E. 9th Street) — Ward 1 6. ROI No. 1943 adding Area 4-174 (501 ChesterAvenue) — Ward 2 7. ROI No. 1944 adding Area 4-175 (2900 Buck Owens Boulevard) — Ward 3 8. ROI No. 1945 adding Area 5-87 (211 S. Hayes Street) — Ward 1 9. ROI No. 1946 adding Area 5-88 (647 Casa Loma Drive) — Ward 1 10. ROI No. 1947 adding Area 5-89 (2009 Harry E. Yarnell Court) — Ward 7 11. ROI No. 1948 adding Area 5-90 (5717 Gwendolyn Street) — Ward 7 12. ROI No. 1949 adding Area 5-91 (324 Madison Street) — Ward 1 13. ROI No. 1950 adding Area 5-92 (4820 Eve Street) — Ward 1 Ward 6 j. Taft Highway — Farmers Canal Bridge District: 1. Resolution of Intention No. 1952 to establish the Taft Highway — Farmers Canal Bridge District and preliminarily approving the boundaries of the area, the construction costs, and fee schedule. 2. First reading of ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Tract Map Improvements. Agreements: Ward I k. Agreement with Mead & Hunt, Inc. (not to exceed $800,000) for on-call airport planning, engineering, and design services for federally funded capital improvement projects during calendar years 2018 through 2022. Ward(s) 2, 3, 4, 5, 6, 7 I. Procurement of granular activated carbon (GAC) for 1,2,3- Trichloro propane (TCP) Mitigation Project: 1 . Agreement with Jacobi Carbons, (not to exceed $407,442.80) to provide GAC media for 20 water treatment vessels. 2. Agreement with Evoqua Water Technologies, (not to exceed $454,258.66) to provide GAC media for 18 water treatment vessels. 3. Agreement Calgon Carbon, (not to exceed $934,176) to provide GAC media for 48 water treatment vessels. Ward 2 M. Amendment No. 2 to Agreement No. 15-058 and corresponding promissory note reducing the interest from three percent to zero percent for a portion of the 19th Senior Plaza Loan. Ward 2 n. Amendment No. 2 to Agreement No. 15-290 with Servexo Protective Services (not to exceed $158,600 annually and to extend term for an additional year) to provide daily 24-hour on- site security services at the Bakersfield Amtrak Station. Ward 2 0. Amendment No. 2 to Cooperative Agreement No. 15-125 with the State of California Department of Transportation (Caltrans) for the construction of the State Route 99 and Rosedale Highway Off-Ramp Project. P. Amendment No. 2 to Agreement No. 17-002 with Trans-West Security Services, Inc. ($88,223; revised not to exceed $176,446 and extend term one year), for continued park security services. Ward 4 q. Amendment No. 1 to Agreement No. 17-083 with Skarphol Associates ($22,360; revised not to exceed $77,360) for architectural design consultant services for the Water Resources Department Office Building Expansion Project. Ward(s) 2, 3 r. Contract Change Order No. 8 to Agreement No. 17-044 with Security Paving Company ($44,754.26; revised not to exceed $41,338,026.16) for the Kern River Bridge Improvement Project. Ward 7 S. Contract Change Order No. 2 to Agreement No. 16-232 with Griffith Company, ($129,701.75; revised not to exceed $1,487,363.75) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to So. H Street Project. Ward 6 t. Contract Change Order No. 1 to Agreement No. 17-010 with GSE Construction Co. Inc. ($106,946; revised not to exceed $2,825,146), for the Rehabilitation of Two Sewer Lift Stations: 24th Street and Oak Street & White Lane and Buena Vista Road Project. Property Acquisition Agreements -TRIP: U. Accept bid and approve contract with Interior Demolition, Inc. ($112,500) for demolition of improvements at 4600 California Ave, 3899 Stockdale Hwy, and 200 S. Real Rd, Phase 23 for the Centennial Corridor Project. Bids: V. Accept bid and approve contract to Kern Sprinkler Landscaping, Incorporated ($500,000) to provide and install 24" box trees. Miscellaneous: W. Review and acceptance of the Fiscal Year 2016-2017 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. Ward 5 a. Public Hearing to consider the resolution ordering the summary vacation of a portion of a 65'x70' temporary sewer easement within Parcel 2 of Parcel Map Waiver 17-0065 located at the southwest corner of Brimhall Road and Coffee Road. Ward(s) 1, 6 b. Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plans — Fiscal Year (FY)14/15 Amendment No. 7 and Fiscal Year 16/17 Amendment No. 3: 1. FY 14/15 Amendment No. 7: Transfer funds from MLK Community Center Gym Rehab ($25,000 CDBG) to Bakersfield Senior Center— Gate Improvements. 2. FY 14/15 Amendment No. 7: Transfer funds from CHDO Set Aside ($135,089 HOME) to Self-Help Enterprises - Chardonnay Tract. 3. FY 16/17 Amendment No. 3: Transfer funds from CHDO Set Aside ($164,911 HOME) to Self-Help Enterprises - Chardonnay Tract. 4. FY 16/17 Amendment No. 3: Transfer funds from CHDO Set Aside ($1,781 HOME) to New Construction Assistance. Ward 2 C. Public hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure §1245.230) located at 3408 Elcia Drive, Bakersfield, CA 93309 (APN 149-211-08) (CPN 87726). Ward 2 d. Public hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure §1245.230) located at 3839 Stockdale Highway, Bakersfield, CA 93309 (APN 149-221-20) (CPN 87654). 10. HEARINGS 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 10/30/2017 111-11 V 03 SUBJECT: Presentation of a Certificate of Recognition by Mayor Goh to Panorama Drive home owners Shirley and Mark Brewer for Fall 2017 Yard of the Season. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 10/30/2017 111-11 V 03 SUBJECT: Presentation of the Mayor's Business Beautification Award by Mayor Goh, to Wes Bradford, CEO of Clifford and Bradford Insurance Agency. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 11/29/2017 111-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Meb ire e Farmer Type Correspondence 11115117 CC AGENDA PACKET PG 14 c,Chaa-ipague & Shopping .. ........ Presenting Sponsor With every $10.00 purchase you will be provided with a coupon to enter a drawing 5 m The Marriott Hotel Prize drawing will be held at 4:00 pm, with champagne & desserts located at 'Z7ve, c�4eki�w c5t`�'/d 801 Truxtun Ave. Bakersfield, CA Tree Lighting Ceremony to Follow with Party In The Plaza & Condors Teddy Bear Toss Night Hosted by City of Bakersfield & Bakersfield Condors 4:30 pm T 1 Wnu ym, City. Your [.if,, ED c--j i ",r" Bakusfi e Id Magazine, 71, En-iiser Ti),Je Sj ii ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christohper Gerry, Acting City Clerk DATE: 9/15/2017 111-11 V 03 SUBJECT: Approval of minutes of the November 1, 2017, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackU IMateir4� 11/15117 CC A GENDA PA CKET PG 16 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 1, 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 (seated at 3:41 p.m.), Weir, Freeman, Sullivan(seated at 3:39 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Kern Region Active Transportation Plan. Public Works Director Fidler made staff comments. Rory Renfro, Alta Planning + Design, made comments and provided a PowerPoint presentation. ACTION TAKEN Motion by Vice -Mayor Smith to receive and file APPROVED the presentation. b. Bicycle and Pedestrian Safety Report. Assistant to the City Manager Gerry made staff comments and provided a PowerPoint presentation. Vice -Mayor Smith requested staff include safety improvements for the Union Avenue and California Avenue corridor in next year's Capital Improvement Budget. Councilmember Freeman requested staff look into street design on arterials in the future to reduce accidents. 3. 4. 5. 6 Bakersfield, California, November 1, 2017 - Page 2 WORKSHOPS continued ACTION TAKEN ITEM 3.b. CONTINUED Councilmember Parlier requested staff consider reestablishing a police motorcycle unit. Motion by Vice -Mayor Smith to receive and file APPROVED the presentation. 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 First Amendment Coalition). Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 4:13 p.m. The Closed Session meeting was adjourned at 5:10 P.M. Meeting reconvened at 5:15 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel — Potential BY A 6 -0 VOTE, WITH Litigation; Closed Session pursuant to COUNCILMEMBER Government Code section 54956.9(d) (2),(e) (3) RIVERA ABSENT (two matters re: Letter of October 9, 2017, from FOR THE VOTE, THE CITY ATTORNEY Californians Aware, and Letter of October 18, AND THE MAYOR 2017, from First Amendment Coalition). WERE DIRECTED TO DRAFT A RESPONSE LETTER ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:16 p.m. Bakersfield, California, November 1, 2017 - Page 3 REGULAR MEETING -5:16 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:18 p.m.), Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None a. Introduction of students participating in Teen Government Day. Savana Basconcillo, Independence High School (Mayor); Savanah Poulos, Centennial High School (Councilmember Rivera); Monce Garcia, East Bakersfield High School (Councilmember Gonzales); Anthony Solis, Foothill High School (Councilmember Weir); Sadie Armijo, Highland High School (Vice -Mayor Smith); Liane McQueen, Liberty High School (Councilmember Freeman); Fernando Argueta, South High School (Councilmember Sullivan); Paola Rodriguez, Golden Valley High School (Councilmember Parlier); and Natalie Lovan, Bakersfield High School (Assistant City Manager Teglia). 2. INVOCATION by Pastor Josephate Jordan, Christ First Ministries. 3. PLEDGE OF ALLEGIANCE by Kaidynn Perez and Melissa Frediksen, 6t" grade students from Caroline Harris Elementary School. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Karen King, CEO of Golden Empire Transit District, announced that G.E.T. will be offering free bus rides to all veterans and active duty service members throughout the month of November. ACTION TAKEN Bakersfield, California, November 1, 2017 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Marvin Dean advised an event will be held on November 7t", in recognition of members of the High Speed Rail Project (submitted written material); spoke in support of granting a franchise to California Water Service Company; and spoke in support of regulating marijuana. C. Sam Vagle and Cindy Evermon expressed their concern regarding illegal street racing and increased traffic in south Bakersfield. Councilmember Parlier requested staff contact Mr. Vagle regarding best practices to address existing illegal street racing and provide data. Councilmember Parlier requested staff increase traffic enforcement on Harris Road and conduct a speed survey. d. Terry Maxwell stated he would like to see changes in the way City Council meetings are conducted in order to allow the public an opportunity to provide comments following staff presentations and workshops. Councilmember Rivera requested the Budget and Finance Committee discuss ways to increase public participation in the budget process. e. David Brust, Co- founder of Bakersfield Residents Against Pot Shops, spoke in support of the ordinance relating to the ban of commercial cannabis activity; and submitted written material. 6. WORKSHOPS 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) AGR 17 -161 for naming rights to Mesa Marin Sports Complex. Recreation and Parks Director Hoover made staff comments. Bakersfield, California, November 1, 2017 - Page 5 6. WORKSHOPS continued ACTION TAKEN James McKay, Chief Financial Officer of Tarina Homes, provided a presentation. Motion by Councilmember Weir to approve the APPROVED agreement. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 11, 2017, Regular City Council Meetings. Payments: b. 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. Ordinances: C. Adoption of ordinance amending the Official ORD 4919 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 RES 152 -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. Bakersfield, California, November 1, 2017 — Page 6 8. CONSENT CALENDAR continued e. EPA Brownfield Grant Program: 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. g. 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. Amendment No.l to Agreement No. CM 17-005 with SC Communications ($17,814.36; revised not to exceed $57,812.64) for maintenance of additional handheld radios. ACTION TAKEN RES 153 -17 AGR 16- 255(1) AGR 17 -162 AGR 17 -163 AGR 16- 265(1) AGR 17 -164 Bakersfield, California, November 1, 2017 - Page 7 8. CONSENT CALENDAR continued 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. Property Acquisition Agreements - TRIP: k. Approval of settlement in Case No. BCV -17- 102201-JEB (Larsons Food Stores) in the amount of $100,000. Approval of settlement in Case No. BCV -17- 101723 -JEB (Jolly Kone) in the amount of $333,000. 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: n. Reject all bids for the construction of administrative building for the Mt. Vernon Recycling and Composting Facility. o. 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. P. Accept bid and approve contract to Graham Prewett, Inc. ($79,000), for the Wastewater Treatment Plant 3 Maintenance Building Re- Roof Project. 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. 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. ACTION TAKEN AGR 16 -154 CCO 3 AGR 17 -165 DEED 8807 DEED 8808 AGR 17 -166 AGR 17 -167 AGR 17 -168 AGR 17 -169 Bakersfield, California, November 1, 2017 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN S. Wastewater Treatment Plant No. 2 Grit Chamber and Primary Influent Distribution Box Concrete Repair Project: Accept bid and approve contract with AGR 17 -170 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 (CIP) 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: Accept bid and award contract to AGR 17 -171 Granite Construction, ($6,301,617) to construct the project. 2. Construction management agreement AGR 17 -172 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. Bakersfield, California, November 1, 2017 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: U. Fiscal Year 2016 -17 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.a. transmitting a corrected document. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.u. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing on resolution of necessity to RES 154 -17 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 recommends adoption of the resolution of necessity.) Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 6:08 p.m. No one spoke. Hearing item 10.a. closed at 6:09 p.m. Motion by Vice -Mayor Smith to adopt the APPROVED resolution. b. Public hearing to consider first reading of an FR ordinance granting a franchise to California Water Service Company. (staff recommends first reading of the ordinance.) Assistant City Manager Teglia made staff comments and provided a PowerPoint presentation. 10. Bakersfield, California, November 1, 2017 - Page 10 HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Hearing item 10.b. opened at 6:16 p.m. Dennis Fox and Greg Milliman, California Water Service Company, spoke in support of the staff recommendation. Hearing item 10.b. closed at 6:19 p.m. Motion by Vice -Mayor Smith to give first APPROVED reading of the Ordinance. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. 14. NEW BUSINESS a. Resolution setting the dates of the regular City RES 155 -17 Council meetings, budget hearings, and department budget presentations for calendar year 2018. Assistant City Manager Teglia made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED resolution. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera announced the Kern Energy Festival will take place on Saturday, November 1 1 tn, from 10:00 a.m. to 3:00 p.m., at the Kern County Museum. Mayor Goh indicated the City of Bakersfield recently hosted the Sister City of Bucheon, Korea; and thanked Councilmember Weir and staff for their help in welcoming the delegation. Bakersfield, California, November 1, 2017 — Page 11 15. ADJOURNMENT ACTION TAKEN Mayor Goh adjourned the meeting at 6:23 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: 11/15/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 10/20/2017 111-11 V 03 SUBJECT: Receive and file department payments from October 20, 2017 to November 1, 2017 in the amount of $10,626,501.08, Self Insurance payments from October 20, 2017 to November 1, 2017, in the amount of $257,178.57, totaling $10,883,679.65. Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNinll '15 20,17 D 2 E/kP Check Regilsteir/kdirNinll '15 20,17 Type BackU IMateir4� BackU IMateir4� 11115117 CC AGENDA PACKET PG 28 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665765 2661 DURAN, ERNIE Oct 20, 2017 $3,174.15 665766 10047 MISC RECEIVABLE REFUND VENDOR Oct 20, 2017 $5.00 665767 3452 GRAY AR ELECTRIC COMPANY Oct 20, 2017 $505.44 665768 24139 GUTIERREZ TIRE & WHEEL INC Oct 20, 2017 $2,648.46 665769 10047 MISC RECEIVABLE REFUND VENDOR Oct 20, 2017 $20.00 665770 13302 JOHNSON, MELVIN Oct 20, 2017 $115.00 665771 10037 MISCELLANEOUS TRUST VENDOR Oct 20, 2017 $54.00 665772 4435 KERN COUNTY CLERKS Oct 20, 2017 $250.00 665773 4581 KERN ELECTRIC DISTRIBUTORS Oct 20, 2017 $83.59 665774 7492 KERN MACHINERY INC Oct 20, 2017 $702.13 665775 4861 KISCO SALES INC Oct 20, 2017 $429.92 665776 10037 MISCELLANEOUS TRUST VENDOR Oct 20, 2017 $200.00 665777 5688 MOTION INDUSTRIES INC Oct 20, 2017 $348.41 665778 5687 MOTOR CITY SALES & SERVICE Oct 20, 2017 $1,356.14 665779 24279 O'REILLY AUTO PARTS Oct 20, 2017 $171.00 665780 10047 MISC RECEIVABLE REFUND VENDOR Oct 20, 2017 $122.15 665781 10047 MISC RECEIVABLE REFUND VENDOR Oct 20, 2017 $5.00 665782 14498 STEPHENSON, RONALD Oct 20, 2017 $3,095.41 665783 70266 T & T TRUCK & CRANE SERVICE Oct 20, 2017 $200.00 665784 10037 MISCELLANEOUS TRUST VENDOR Oct 20, 2017 $200.00 665785 70378 TRAFFIC MANAGEMENT INC Oct 20, 2017 $722.00 665786 2468 DEPARTMENT OF JUSTICE Oct 20, 2017 $2,236.00 665788 3403 GOLDEN STATE PETERBILT Oct 20, 2017 $4,723.40 665790 3427 GRAINGER INC, W W Oct 20, 2017 $2,689.50 665793 7933 HOME DEPOT Oct 20, 2017 $1,493.05 665795 4740 KERN TURF SUPPLY Oct 20, 2017 $3,779.87 665797 15624 LOWE'S HOME IMPROVEMENT Oct 20, 2017 $2,014.92 665799 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 20, 2017 $186,143.40 665800 19844 VAN WYK, MITCH Oct 20, 2017 $7,340.50 665801 10204 ASSOCIATION BKFD POLICE OFFICER FCU Oct 20, 2017 $14,134.45 665802 10211 BAKERSFIELD FIREMEN Oct 20, 2017 $8,996.61 665803 10200 BAKERSFIELD FIREMEN RELIEF ASS Oct 20, 2017 $8,495.66 665804 10203 BAKERSFIELD POLICE BENEFIT Oct 20, 2017 $24,301.04 665805 10205 MUTUAL BENEFIT ASSOCIATION Oct 20, 2017 $2,022.80 665806 26810 RELIASTAR LIFE INSURANCE CO Oct 20, 2017 $953.27 665807 22324 SEIU LOCAL 521 Oct 20, 2017 $20,702.65 665808 70359 FROEHLICH SIGNATURE HOMES Oct 23, 2017 $53,457.00 665809 537 A T & T Oct 26, 2017 $872.36 665810 22346 ABACUS I M T INC Oct 26, 2017 $270.02 665811 24149 ADVANCE COMMUNICATIONS & CONSULTING Oct 26, 2017 $119.25 665812 15433 ADVANCE MOBILE SECURITY Oct 26, 2017 $1,194.81 665813 26886 AGERTON, ELIZABETH Oct 26, 2017 $115.00 665814 19496 ALL PRO CLEANING SERVICE Oct 26, 2017 $600.00 665815 160 ALL THAT LETTERING SIGN COMPNY Oct 26, 2017 $3,275.00 665816 28887 ALLIANT INSURANCE SERVICES, INC Oct 26, 2017 $5,460.00 665817 28369 ALVAREZ, LUIS Oct 26, 2017 $168.00 665818 987 AMERICAN FABRICATION Oct 26, 2017 $429.00 665819 340 AMERICAS Oct 26, 2017 $191.12 665820 347 AMREP INC Oct 26, 2017 $1,452.26 665821 27968 APWA CENTRAL CALIFORNIA CHAPTER Oct 26, 2017 $90.00 665822 16602 ASCE MEMBERSHIP Oct 26, 2017 $900.00 665823 18417 ATTORNEYS CERTIFIED SERVICES Oct 26, 2017 $298.61 665824 520 AUTO TINT WEST INC Oct 26, 2017 $568.70 665825 25940 BACA, ANTHONY Oct 26, 2017 $231.00 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15117 CC A GENDA PA CK T 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665826 18644 BAGBY, CHRISTOPHER Oct 26, 2017 $205.00 665827 675 BAKERSFIELD CALIFORNIAN Oct 26, 2017 $927.24 665828 29513 BAKERSFIELD RACK & SHELVING INC Oct 26, 2017 $622.05 665829 841 BAKERSFIELD RUBBER STAMP CO Oct 26, 2017 $18.18 665830 857 BAKERSFIELD S P C A Oct 26, 2017 $983.40 665831 875 BAKERSFIELD TRUCK CENTER Oct 26, 2017 $353.98 665832 11248 BANKS PEST CONTROL Oct 26, 2017 $300.00 665833 557 BARC Oct 26, 2017 $925.60 665834 13424 BARNES WELDING SUPPLY Oct 26, 2017 $125.12 665835 945 ARNETT'S TOWING SERVICE INC Oct 26, 2017 $105.00 665836 28231 BIG BRAND TIRE & SERVICE Oct 26, 2017 $215.83 665837 17728 BILLDT, JOHN Oct 26, 2017 $205.00 665838 29237 BLACK, JOHNNY Oct 26, 2017 $84.00 665839 21021 BLAGG, LINDA Oct 26, 2017 $40.00 665840 1175 BOBS WHOLESALE AUTO GLASS Oct 26, 2017 $754.66 665841 29219 BODY OF CHRIST Oct 26, 2017 $1,125.00 665842 15538 BOLLES NURSERY LANDSCAPE Oct 26, 2017 $69.71 665843 22817 BORN AGAIN BODYWORKS Oct 26, 2017 $4,282.58 665844 1271 BROOKS TRAILER Oct 26, 2017 $1,499.03 665845 1292 BROWN ARMSTRONG Oct 26, 2017 $9,000.00 665846 24464 BROWN, CLAUDE Oct 26, 2017 $336.00 665847 10267 BUDGET BOLT INC Oct 26, 2017 $539.40 665848 22565 BURTCH CONSTRUCTION INC Oct 26, 2017 $41,525.46 665849 1477 CAL VALLEY EQUIPMENT INC Oct 26, 2017 $2,026.60 665850 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Oct 26, 2017 $19,751.84 665851 29195 CALIFORNIA STATE UNIV- STANISLAUS Oct 26, 2017 $805.14 665852 1700 CALIFORNIA WATER SERVICE Oct 26, 2017 $18,714.09 665853 1695 CALIFORNIA WATER SERVICE CO Oct 26, 2017 $589,941.32 665854 1695 CALIFORNIA WATER SERVICE CO Oct 26, 2017 $139,896.00 665855 22658 CDW GOVERNMENT Oct 26, 2017 $291.39 665856 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 26, 2017 $20.00 665857 1888 CHAMPION HARDWARE Oct 26, 2017 $1,335.23 665858 1924 CHESTER AVENUE BRAKE & SUPPLY Oct 26, 2017 $271.64 665859 19804 CHIANELLO, ART Oct 26, 2017 $115.00 665860 29557 CLAIMS RESOURCE SERVICE FOR THE AM Oct 26, 2017 $1,786.81 665861 28780 CLEAN CUT LANDSCAPE MGMT INC Oct 26, 2017 $4,220.00 665862 29017 CLEAN WRIGHT SERVICE Oct 26, 2017 $499.00 665863 27509 CONTRERAS, ANGEL Oct 26, 2017 $84.00 665864 17891 CONTROLLED MOTION SOLUTIONS INC Oct 26, 2017 $79.10 665865 2203 CORNERSTONE ENGINEERING INC Oct 26, 2017 $1,007.50 665866 27684 COURTHOUSE NEWS SERVICE Oct 26, 2017 $225.00 665867 2245 CROCKER JANITORIAL SUPPLY CO Oct 26, 2017 $84.73 665868 27397 CSDS INC Oct 26, 2017 $364.65 665869 2253 CULLIGAN WATER CONDITIONING Oct 26, 2017 $616.00 665870 27218 CUMMINS PACIFIC LLC Oct 26, 2017 $5,264.57 665871 27296 D & D DISPOSAL INC Oct 26, 2017 $880.00 665872 25337 DAVES FLEET MAINT & TOWING INC Oct 26, 2017 $75.00 665873 4140 DAVID JANES COMPANY Oct 26, 2017 $249.75 665874 29256 DEWITZ, JEFF Oct 26, 2017 $168.00 665875 24213 DIAMOND H HAULING Oct 26, 2017 $200.00 665876 24231 DORLIS, TOM Oct 26, 2017 $50.00 665877 18911 ECMS INC Oct 26, 2017 $553.72 665878 20062 ECOLINE INDUSTRIAL SUPPLY Oct 26, 2017 $2,491.42 665879 2769 EL POPULAR CALIFORNIA Oct 26, 2017 $787.00 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15/17 CC AGENDA PACKET PG 30 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665880 2752 ELBERT DISTRIBUTING Oct 26, 2017 $512.56 665881 27898 ELECTRICAL SYSTEMS & INST INC Oct 26, 2017 $148.50 665882 2811 ENTENMANN ROVIN CO Oct 26, 2017 $1,450.53 665883 23720 ERNEST PACKING SOLUTIONS INC Oct 26, 2017 $1,106.91 665884 11861 ES ENGINEERING SERVICES INC Oct 26, 2017 $7,577.75 665885 2901 FEDEX Oct 26, 2017 $112.03 665886 15252 FIDLER, NICK Oct 26, 2017 $313.00 665887 29563 FIERRO, LOUIE Oct 26, 2017 $115.00 665888 19657 FIRST CHOICE SERVICES INC Oct 26, 2017 $465.13 665889 25339 FLEET SERVICES TOWING INC Oct 26, 2017 $35.00 665890 27788 FLOW N CONTROL INC Oct 26, 2017 $3,041.50 665891 26311 FLOWERS, MARTY Oct 26, 2017 $84.00 665892 3028 FLOYDS GENERAL STORE Oct 26, 2017 $149.73 665893 22966 FORENSIC NURSE SPECIALISTS INC Oct 26, 2017 $8,000.00 665894 29238 FOX, PERRY Oct 26, 2017 $336.00 665895 3213 GALLS, LLC Oct 26, 2017 $682.50 665896 17350 GHA TECHNOLOGIES INC Oct 26, 2017 $696.25 665897 24737 GIERLICH MITCHELL INC Oct 26, 2017 $658.52 665898 29488 GIGAKOM Oct 26, 2017 $27,256.84 665899 28898 GODINEZ LAW Oct 26, 2017 $151.08 665900 3403 GOLDEN STATE PETERBILT Oct 26, 2017 $143.75 665901 3452 GRAY AR ELECTRIC COMPANY Oct 26, 2017 $2,091.38 665902 24247 DREGS PETROLEUM SERVICES INC Oct 26, 2017 $4,266.86 665903 24693 GRUBBS, JOSH Oct 26, 2017 $84.00 665904 3537 GUNDLACH PLUMBING AIR COND INC Oct 26, 2017 $227.00 665905 19997 GURDWARA GURU ANGAD DAR AR INC Oct 26, 2017 $6,000.00 665906 24139 GUTIERREZ TIRE & WHEEL INC Oct 26, 2017 $1,863.26 665907 3569 H & S BODY WORKS & TOWING Oct 26, 2017 $110.00 665908 3593 HALL LETTER SHOP Oct 26, 2017 $1,507.40 665909 3660 HARBOR FREIGHT TOOLS Oct 26, 2017 $41.50 665910 3998 INSTITUTE OF TRANSPORATION ENG Oct 26, 2017 $640.00 665911 20795 IPC USA INC Oct 26, 2017 $21,649.23 665912 4243 JORGENSEN & CO Oct 26, 2017 $12.63 665913 28989 K & I SERVICES INC Oct 26, 2017 $25,777.00 665914 19554 K & R TOWING Oct 26, 2017 $35.00 665915 4550 K C S O S Oct 26, 2017 $6,066.02 665916 27250 KARISH INDUSTRIES Oct 26, 2017 $689.08 665917 10294 KERN BUILDING MATERIAL INC Oct 26, 2017 $481.12 665918 4529 KERN COUNTY PUBLIC WORKS Oct 26, 2017 $142,591.82 665919 7492 KERN MACHINERY INC Oct 26, 2017 $635.66 665920 4680 KERN RIVER POWER EQUIPMENT INC Oct 26, 2017 $835.66 665921 20757 KERNDATA.COM Oct 26, 2017 $400.00 665922 23434 KINNEY, STEVEN P Oct 26, 2017 $605.00 665923 4861 KISCO SALES INC Oct 26, 2017 $209.43 665924 28128 KITCHEN, JACQUELYN Oct 26, 2017 $401.80 665925 29268 LAWSON PRODUCTS INC Oct 26, 2017 $1,053.48 665926 22408 LEHR AUTO ELECTRIC Oct 26, 2017 $956.03 665927 27419 LIFEGUARD MASTER Oct 26, 2017 $764.53 665928 16411 LOPEZ, TAMRA L Oct 26, 2017 $40.00 665929 29558 MAIER, ROLAND Oct 26, 2017 $50.00 665930 12627 MARDEROSIAN & COHEN Oct 26, 2017 $11,500.23 665931 5291 MARTIN & CHAPMAN Oct 26, 2017 $257.80 665932 14119 METRO RECORD STORAGE INC Oct 26, 2017 $37.50 665933 18520 METROPOLITAN RECYCLING LLC Oct 26, 2017 $9,348.94 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15117 CC A GENDA PA CK T PG 31 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665934 19252 MEYER CIVIL ENGINEERING INC Oct 26, 2017 $2,226.00 665935 27634 MID VALLEY PUBLISHING Oct 26, 2017 $288.00 665936 5688 MOTION INDUSTRIES INC Oct 26, 2017 $106.02 665937 5687 MOTOR CITY SALES & SERVICE Oct 26, 2017 $122.65 665938 885 MSC INDUSTRIAL SUPPLY CO INC Oct 26, 2017 $16.48 665939 26015 NATIONAL DIAMOND ENTERPRISES LLC Oct 26, 2017 $2,310.00 665940 24167 NOLTE ASSOCIATES INC Oct 26, 2017 $274,160.76 665941 5923 NORTH KERN WATER STORAGE DIST Oct 26, 2017 $7,500.00 665942 20361 NOSSAMAN LLP Oct 26, 2017 $18,987.20 665943 1369 O'LEARYS OFFICE PRODUCTS, INC. Oct 26, 2017 $1,046.76 665944 24279 O'REILLY AUTO PARTS Oct 26, 2017 $121.52 665945 27561 O ERT, JENNIFER Oct 26, 2017 $79.72 665946 22824 OCCUPATIONAL HEALTH CTRS OF CA. INC Oct 26, 2017 $213.00 665947 28640 OPEN TEXT CORPORATION Oct 26, 2017 $13,127.00 665948 14515 OXLEY'S PEST CONTROL INC Oct 26, 2017 $50.00 665949 25076 PAPE KENWORTH Oct 26, 2017 $3,214.48 665950 17052 PAQUETTE, DAVID Oct 26, 2017 $109.14 665951 29539 PARAMOUNT REPAIR Oct 26, 2017 $580.00 665952 22389 PARKER, JASON Oct 26, 2017 $70.00 665953 20828 PARSONS TRANSPORTATION GROUP INC Oct 26, 2017 $189,726.33 665954 24029 PAYLESS TOWING Oct 26, 2017 $250.00 665955 27046 PETERSON CORP Oct 26, 2017 $1,248.31 665956 27514 PHILLIPS, CHARLIE Oct 26, 2017 $84.00 665957 27911 PORTERVILLE FORD Oct 26, 2017 $3,662.92 665958 6430 POWER MACHINERY CENTER Oct 26, 2017 $85.86 665959 984 POWERSTRIDE BATTERY CO INC Oct 26, 2017 $321.75 665960 178 PRAXAIR DISTRIBUTION INC Oct 26, 2017 $125.89 665961 28567 PRESORT CENTER OF FRESNO LLC Oct 26, 2017 $285.56 665962 26242 QUALITY FIRE TRUCK PARTS Oct 26, 2017 $60.00 665963 20713 RANDY'S TOWING Oct 26, 2017 $675.00 665964 3249 RAY GASKIN SERVICE INC Oct 26, 2017 $1,394.11 665965 6682 RAYMONDS TROPHY AND AWARDS Oct 26, 2017 $486.65 665966 28480 READY REFRESH Oct 26, 2017 $9.94 665967 6727 REFRIGERATION SUPPLIES DIST. INC Oct 26, 2017 $2,868.13 665968 29257 RIVERA, FRANCISCO Oct 26, 2017 $252.00 665969 6915 ROUND -UP FEED AND PET SUPPLY Oct 26, 2017 $384.97 665970 18072 SAFETY TEK INDUSTRIES INC Oct 26, 2017 $823.70 665971 6995 SAFEWAY SIGN Oct 26, 2017 $2,480.16 665972 16054 SANDRINI, BRYON Oct 26, 2017 $70.00 665973 25220 SANDYS COMMUNICATIONS Oct 26, 2017 $626.34 665974 21489 SCP DISTRIBUTORS LLC Oct 26, 2017 $286.08 665975 29562 SIDDLE, RYAN PATRICK Oct 26, 2017 $73.00 665976 29322 SITEONE LANDSCAPE SUPPLY HOLDING Oct 26, 2017 $1,024.62 665977 21703 SLAGLE'S MATTRESS FACTORY INC Oct 26, 2017 $627.64 665978 18005 SLATER PLUMBING & MECHANICAL Oct 26, 2017 $6,010.00 665979 7434 SMART & FINAL IRIS COMPANY Oct 26, 2017 $212.73 665980 11566 SOIL CONTROL LAB INC Oct 26, 2017 $484.00 665981 22473 SOILS ENGINEERING INC Oct 26, 2017 $3,335.00 665982 22620 SOUTHWEST LIFT & EQUIPMENT INC Oct 26, 2017 $547.00 665983 11907 SPARKLETTS /SIERRA SPRINGS Oct 26, 2017 $135.29 665984 26607 SPARKLING IMAGE CAR WASH Oct 26, 2017 $134.49 665985 25502 SPARTAN TRUCK CO INC Oct 26, 2017 $2,025.96 665986 16685 STIERN VETERINARY HOSPITAL Oct 26, 2017 $594.95 665987 25207 SUNBELT CONTROLS Oct 26, 2017 $747.50 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15117 CC A GENDA PA CK T PG 32 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 665988 28163 SWITZER, PHILIP Oct 26, 2017 $168.00 665989 7846 TANDY, ALAN Oct 26, 2017 $115.00 665990 28268 TEAGUE, STEPHANIE Oct 26, 2017 $115.00 665991 29427 TECH PRODUCTS INC Oct 26, 2017 $8,056.53 665992 23463 TEGLIA, STEVEN Oct 26, 2017 $45.00 665993 25338 TEN EIGHT TOW INC Oct 26, 2017 $35.00 665994 22218 TOPETE, LUIS Oct 26, 2017 $286.18 665995 20359 TURF STAR INC Oct 26, 2017 $545.05 665996 96 TYACK TIRES INC Oct 26, 2017 $2,019.69 665997 15212 U.S. BEHAVIORAL HEALTH PLAN Oct 26, 2017 $1,127.28 665998 584 ULINE SHIPPING SUPPLY Oct 26, 2017 $261.79 665999 8391 URNERS APPLIANCE CENTER Oct 26, 2017 $1,190.48 666000 15132 VALLEY PROPANE SERVICE Oct 26, 2017 $213.42 666001 26060 VANGUARD CLEANING SYSTEMS INC Oct 26, 2017 $466.75 666002 8626 VERMONT SYSTEMS INC Oct 26, 2017 $450.00 666003 16625 VICTORY CIRCLE INC Oct 26, 2017 $676.75 666004 15482 VULCAN MATERIALS CO Oct 26, 2017 $28,811.79 666005 5158 W M LYLES COMPANY Oct 26, 2017 $1,800.00 666006 29545 WATERWORKOUT Oct 26, 2017 $210.00 666007 14647 WAXIE SANITARY SUPPLY INC Oct 26, 2017 $73.08 666008 28707 WEST SIDE BULLETS Oct 26, 2017 $1,200.00 666009 8926 WESTERN AUTO & TRUCK APPRAISERS Oct 26, 2017 $100.00 666010 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 26, 2017 $246.21 666011 8995 WHOLESALE FUELS Oct 26, 2017 $772.22 666012 20165 WILLDAN ENGINEERING Oct 26, 2017 $1,120.00 666013 9015 WILLIAMS, DANIEL Oct 26, 2017 $50.00 666014 25542 WOLFE, RONALD Oct 26, 2017 $50.00 666015 9244 ZEP MANUFACTURING COMPANY Oct 26, 2017 $173.57 666016 25879 ZOOM IMAGING SOLUTIONS, INC. Oct 26, 2017 $413.63 666017 10009 3 M COMPANY T C M DIVISION Oct 26, 2017 $5,833.33 666018 28854 3C PAYMENT (USA) CORP Oct 26, 2017 $100.00 666019 18484 A T & T Oct 26, 2017 $10,751.35 666020 537 A T & T Oct 26, 2017 $2,381.78 666023 78 ADVANCED DISTRIBUTION CO Oct 26, 2017 $5,683.00 666024 12516 AIMS Oct 26, 2017 $8,582.76 666025 10199 BAKERSFIELD CITY EMPLOYEE Oct 26, 2017 $2,613.00 666027 10320 BAKERSFIELD HOMELESS CENTER Oct 26, 2017 $44,706.90 666028 10320 BAKERSFIELD HOMELESS CENTER Oct 26, 2017 $17,845.13 666035 21172 BLACKHOLE TECHNOLOGIES INC Oct 26, 2017 $8,082.69 666039 1696 CALIFORNIA WATER SERVICE Oct 26, 2017 $66,557.83 666041 27074 CEN-CAL CONSTRUCTION INC Oct 26, 2017 $41,353.50 666042 11937 CITY OF BAKERSFIELD Oct 26, 2017 $855.18 666043 2050 CLIFFORD & BROWN Oct 26, 2017 $17,500.00 666044 23132 CUEVAS,ADAN Oct 26, 2017 $70.00 666045 2469 DEPARTMENT OF JUSTICE Oct 26, 2017 $64.00 666047 24854 DEWEY PEST CONTROL INC Oct 26, 2017 $1,120.00 666049 16511 EAN SERVICES LLC Oct 26, 2017 $12,249.87 666050 2714 EAST NILES COMMUNITY SERVICES Oct 26, 2017 $253.70 666052 3358 GILLIAM & SONS INC Oct 26, 2017 $110,854.00 666053 29554 COINS, SANDRA LOU Oct 26, 2017 $1,900.00 666054 29553 GOMEZ, EDUARDO Oct 26, 2017 $1,100.00 666056 3427 GRAINGER INC, W W Oct 26, 2017 $1,299.62 666058 3450 GRANITE CONSTRUCTION INC Oct 26, 2017 $144,058.42 666059 18259 HILTON PALM SPRINGS RESORT Oct 26, 2017 $353.14 S:\Accounting\Robert Z\Admin - Council\2017\ 11/15117 CC A GENDA PA CKET PG 33 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 666061 7933 HOME DEPOT Oct 26, 2017 $3,031.50 666064 26387 JIM BURKE FORD-EQ Oct 26, 2017 $726,968.50 666065 4677 KERN REFUSE DISPOSAL, INC Oct 26, 2017 $135,890.60 666067 4740 KERN TURF SUPPLY Oct 26, 2017 $4,128.58 666068 28967 LO,CHEYANNE PETTY CASH CUSTODIAN Oct 26, 2017 $228.12 666070 15624 LOWE'S HOME IMPROVEMENT Oct 26, 2017 $1,719.72 666071 12627 MARDEROSIAN & COHEN Oct 26, 2017 $80,000.00 666072 29551 MICHAEL A & CHRISTINE RUTH MACIDUFF Oct 26, 2017 $6,700.00 666073 12273 NATIONAL NOTARY ASSOCIATION Oct 26, 2017 $199.00 666074 11050 PACIFIC GAS & ELECTRIC CFM/PPC Oct 26, 2017 $28,176.38 666075 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 26, 2017 $5,334.61 666083 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 26, 2017 $544,936.88 666085 6376 PIONEER PAINT Oct 26, 2017 $5,584.66 666086 12740 POLICE ACTIVITY LEAGUE Oct 26, 2017 $25,000.00 666087 28567 PRESORT CENTER OF FRESNO LLC Oct 26, 2017 $12,000.00 666088 29550 RAJLAL, CHRISTOPHER Oct 26, 2017 $2,500.00 666089 23448 RIOS, PHILLIP Oct 26, 2017 $70.00 666091 27361 SC FUELS Oct 26, 2017 $24,961.30 666093 23456 SORENSON,VERNON MID INC Oct 26, 2017 $23,327.44 666094 17986 SPRINT/NEXTEL COMMUNICATIONS Oct 26, 2017 $2,333.60 666095 29552 TACO BELL CORP Oct 26, 2017 $3,275.00 666096 21314 TICOR TITLE COMPANY INC Oct 26, 2017 $5,525.00 666099 10428 UNITED REFRIGERATION INC Oct 26, 2017 $1,599.44 666100 8611 VAUGHN WATER CO., INC. Oct 26, 2017 $42.37 666104 20601 VERIZON WIRELESS Oct 26, 2017 $9,850.78 666105 29555 ZILCO LLC Oct 26, 2017 $3,400.00 666106 30002 MEDICAL EYE SERVICE COMPANY Oct 26, 2017 $5,095.37 666107 26810 RELIASTAR LIFE INSURANCE CO Oct 26, 2017 $3,690.24 666108 30027 U S BANK - PARS #6746022400 Oct 26, 2017 $3,552.25 666109 30029 UNITED CONCORDIA DENTAL PLANS OF CA Oct 26, 2017 $47,040.97 666110 30020 UNUM Oct 26, 2017 $5,242.56 666111 10158 ALEXANDER, SUSAN Oct 27, 2017 $40.53 666112 29430 ALONDRA G MEDINA CAMACHO Oct 27, 2017 $1,384.85 666113 15461 ALVIDREZ, TONY M Oct 27, 2017 $42.50 666114 359 ANDERSON, ALLEN M Oct 27, 2017 $35.53 666115 11517 ANSON, GARY Oct 27, 2017 $42.50 666116 24927 ARRIBILLAGA, ROSEMARIE Oct 27, 2017 $42.50 666117 514 AUSTIN, MARK W Oct 27, 2017 $42.50 666118 541 AVALOS, JOHN Oct 27, 2017 $42.50 666119 15209 BERTRAND,FLOYD Oct 27, 2017 $42.50 666120 1111 BLACKBURN, CLEO Oct 27, 2017 $42.50 666121 14224 BUXTON, DON Oct 27, 2017 $15.55 666122 1463 CADENA, JAKE Oct 27, 2017 $42.50 666123 1771 CARROLL, EUGENE J Oct 27, 2017 $42.50 666124 12236 COL URN, NORMA Oct 27, 2017 $42.50 666125 15997 COLWELL, SHIRMEY A Oct 27, 2017 $15.55 666126 2224 CORE, FLORN R Oct 27, 2017 $42.50 666127 10697 CRAWFORD, KAREN Oct 27, 2017 $42.50 666128 2261 CUNNINGHAM, TERRY Oct 27, 2017 $35.53 666129 2435 DE LAURIE, JERRY Oct 27, 2017 $42.50 666130 11430 DEEM, JEWELL Oct 27, 2017 $25.54 666131 11365 DEPARTMENT OF FISH AND GAME Oct 27, 2017 $1,564.30 666132 25634 DIM ERG, LAUREN Oct 27, 2017 $10.56 666133 2630 DOYLE, MIKE Oct 27, 2017 $42.50 S:\Accounting\Robert Z\Admin - Council\2017\ 11/15117 CC A GENDA PA CKET PG 34 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 666134 10037 MISCELLANEOUS TRUST VENDOR Oct 27, 2017 $200.00 666135 10037 MISCELLANEOUS TRUST VENDOR Oct 27, 2017 $275.00 666136 10037 MISCELLANEOUS TRUST VENDOR Oct 27, 2017 $275.00 666137 2925 FIDLER, DENNIS Oct 27, 2017 $42.50 666138 11696 FRALEY, DEBORAH Oct 27, 2017 $42.50 666139 12742 GEORGE, PRESTON Oct 27, 2017 $42.50 666140 14964 GI SON, BOB G Oct 27, 2017 $42.50 666141 3360 GILL BURG, GEORGE Oct 27, 2017 $42.50 666142 3538 DUSTIN, WENDELL Oct 27, 2017 $18.05 666143 25970 HACKER, ROBERT Oct 27, 2017 $42.50 666144 11942 HALL, DENNIS Oct 27, 2017 $42.50 666145 16862 HEALTHCOMP INC Oct 27, 2017 $170.94 666146 3770 HERRERA, FRANK R Oct 27, 2017 $42.50 666147 11438 HUNTINGTON, LORRAINE Oct 27, 2017 $42.50 666148 24194 JOHNSON, CLARISSE Oct 27, 2017 $42.50 666149 27671 KELLER, MAXINE Oct 27, 2017 $42.50 666150 4435 KERN COUNTY CLERKS Oct 27, 2017 $250.00 666151 21175 KISBEY, KAREN Oct 27, 2017 $42.50 666152 29173 KOTENSKI, LAMIRL Oct 27, 2017 $3.06 666153 4931 KULLRICH, DAN Oct 27, 2017 $20.55 666154 12054 LIVERMORE, PATRICIA Oct 27, 2017 $15.55 666155 5163 LOPEZ, FRANK Oct 27, 2017 $42.50 666156 24061 MAHAFFEY, BOBBY Oct 27, 2017 $42.50 666157 10600 MOYER, MICKEY D. Oct 27, 2017 $42.50 666158 5896 NEWTON, KENNETH RAY Oct 27, 2017 $42.50 666159 11448 O'KANE, CLYDE Oct 27, 2017 $42.50 666160 6022 ORTIZ, JULIO P. Oct 27, 2017 $15.55 666161 14352 OWEN, CAROL Oct 27, 2017 $20.55 666162 27975 OWEN, M ROSE Oct 27, 2017 $35.53 666163 11450 PAINTER, JULIA Oct 27, 2017 $42.50 666164 10037 MISCELLANEOUS TRUST VENDOR Oct 27, 2017 $111.78 666165 11451 PHILLIPS, SHIRLEY A Oct 27, 2017 $42.50 666166 28060 ROBERTS, EMMA Oct 27, 2017 $42.50 666167 70025 ROBO PLUMBING Oct 27, 2017 $326.00 666168 7357 SHERMAN, THOMAS Oct 27, 2017 $42.50 666169 7351 SHIRES, HENRY Oct 27, 2017 $42.50 666170 10047 MISC RECEIVABLE REFUND VENDOR Oct 27, 2017 $1,240.00 666171 7493 SNYDER,RHENDA Oct 27, 2017 $13.05 666172 10037 MISCELLANEOUS TRUST VENDOR Oct 27, 2017 $111.78 666173 20357 TEUTIMEZ, DONALD Oct 27, 2017 $42.50 666174 26861 TORRES, SHIRLEY Oct 27, 2017 $42.50 666175 24193 URSIN, MARGARET Oct 27, 2017 $42.50 666176 29174 VALLIANT, JOHN Oct 27, 2017 $30.54 666177 17940 VINCENT, LESLIE Oct 27, 2017 $42.50 666178 23357 WALCK, CORA Oct 27, 2017 $42.50 666179 9012 WILLIAMS, CATHRYN L. Oct 27, 2017 $10.56 666180 15380 WILLIAMS, ISABEL Oct 27, 2017 $42.50 666181 9052 WISHAM, DARLENE Oct 27, 2017 $42.50 666182 28865 BLUE SHIELD OF CALIFORNIA Oct 27, 2017 $614,974.68 666183 14993 CALIFORNIA AIR RESOURCES BOARD Oct 27, 2017 $70,714.18 666184 2465 DEPARTMENT OF CONSERVATION Oct 27, 2017 $17,230.06 666185 4550 K C S 0 S Oct 27, 2017 $650,627.69 666186 12857 KAISER PERMANENTE Oct 27, 2017 $38,606.43 666187 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $61.65 S:\Accounting\Robert Z\Admin - Council\2017\ 11/15117 CC A GENDA PA CKET PG 35 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 10/20/2017 to 11/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 666188 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $8.26 666189 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $65.98 666190 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $11.09 666191 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $15.98 666192 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $15.98 666193 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $11.09 666194 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $50.41 666195 4570 KCTTC - JORDAN KAUFMAN Oct 27, 2017 $15.97 666196 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $1,440.00 666197 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $15,279.00 666198 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $8,890.00 666199 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $8,956.00 666200 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $2,344.00 666201 10196 KERN COUNTY D A'S OFFICE Oct 27, 2017 $2,829.25 666202 10113 MEDICAL EYE SERVICE COMPANY Oct 27, 2017 $170.78 666203 29221 UNITED CONCORDIA DENTAL PLANS OF CA Oct 27, 2017 $7,000.45 9993996 10199 BAKERSFIELD CITY EMPLOYEE Oct 20, 2017 $193,905.00 9993997 30014 EMPLOYMENT DEVELOPMENT DEPT Oct 20, 2017 $197,151.33 9993998 10217 1 C M A RETIREMENT TRUST - 303749 Oct 20, 2017 $87,542.68 9993999 30010 IRS Oct 20, 2017 $633,150.74 9994000 16863 NATIONWIDE RETIREMENT SOLUTIONS Oct 20, 2017 $104,663.86 9994001 20699 VANTAGEPOINT TRANSFER AGENTS C/O Oct 20, 2017 $32,430.18 9994003 25603 BANK OF AMERICA Oct 26, 2017 $211,723.63 9994012 10206 STATE OF CALIF - PERS Oct 26, 2017 $2,613,854.44 9994013 11811 WELLS FARGO BANK Oct 26, 2017 $117,621.33 9994014 30028 BLUE SHIELD OF CALIFORNIA Oct 27, 2017 $507,782.16 9994015 24821 DEPARTMENT OF THE TREASURY Oct 27, 2017 $1,154.80 9994016 30021 KAISER PERMANENTE Oct 27, 2017 $196,407.89 9994017 30022 IRS / FDRF Oct 31, 2017 $191.00 $10,695,341.73 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15/17 CC AGENDA PACKET PG 36 11/1/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/20/2017 to 11/01/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 14294 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Oct 20, 2017 $111.03 14295 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 20, 2017 $1,180.87 14296 4171 JERRY & KEITHS INC Oct 20, 2017 $829.74 14297 1390 JIM BURKE FORD Oct 20, 2017 $1,453.83 14298 4178 JIM BURKE LINCOLN MERCURY Oct 20, 2017 $2,095.59 14299 63 ACE HYDRAULIC SALES & SERVICE Oct 26, 2017 $99.55 14300 24819 AD WEAR & SPECIALTY OF TX Oct 26, 2017 $250.43 14301 64 ADAMSON POLICE SUPPLY Oct 26, 2017 $3,189.29 14302 29 AFFINITY TRUCK CENTER Oct 26, 2017 $1,449.48 14303 152 ALL AUTOMATIC TRANSMISSION SER Oct 26, 2017 $1,475.00 14304 180 AMBER CHEMICAL INC Oct 26, 2017 $954.47 14305 8530 AMERIPRIDE UNIFORM SERVICES Oct 26, 2017 $5,803.32 14306 576 B & B SURPLUS Oct 26, 2017 $3,852.98 14307 575 B C LABORATORIES Oct 26, 2017 $400.00 14308 611 B S & E COMPANY INC Oct 26, 2017 $2,993.22 14309 1037 BERCHTOLD EQUIPMENT CO Oct 26, 2017 $115.95 14310 1163 BLUEPRINT SERVICE CO Oct 26, 2017 $5,163.71 14311 18753 BRIDGEPORT TRUCK MANUFACTURING Oct 26, 2017 $10,299.33 14312 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Oct 26, 2017 $395.57 14313 20747 CENTRAL SANITARY SUPPLY INC Oct 26, 2017 $1,537.06 14314 5147 COASTLINE EQUIPMENT Oct 26, 2017 $255.31 14315 2162 CONSOLIDATED ELECTRICAL DIST INC Oct 26, 2017 $803.07 14316 13912 DIRECT SAFETY SOLUTIONS INC Oct 26, 2017 $47.82 14317 2757 ELECTRIC MOTOR WORKS INC Oct 26, 2017 $5,440.47 14318 27459 EVOQUA WATER TECHNOLOGIES Oct 26, 2017 $59,325.63 14319 14055 FAST UNDERCAR LLC Oct 26, 2017 $2,764.49 14320 2874 FERGUSON ENTERPRISES INC Oct 26, 2017 $5,915.64 14321 21739 GOLDEN EMPIRE TOWING INC Oct 26, 2017 $915.00 14322 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 26, 2017 $1,050.05 14323 4171 JERRY & KEITHS INC Oct 26, 2017 $1,186.88 14324 1390 JIM BURKE FORD Oct 26, 2017 $5,281.85 14325 15694 JIMS TOWING INC Oct 26, 2017 $2,120.00 14326 6550 QUAD KNOPF INC Oct 26, 2017 $3,673.51 14327 6555 QUINN COMPANY INC Oct 26, 2017 $6,860.26 14328 12665 SAN JOAQUIN FENCE & SUPPLY Oct 26, 2017 $9,542.35 14329 28661 SERVEXO PROTECTIVE SERVICES Oct 26, 2017 $952.96 14330 19584 SMITH & SON TIRE INC Oct 26, 2017 $6,199.19 14331 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Oct 26, 2017 $6,957.95 14332 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Oct 26, 2017 $221.10 14333 7670 STEWART ELECTRIC SUPPLY Oct 26, 2017 $423.17 14334 7685 STINSON STATIONERS Oct 26, 2017 $7,907.19 14335 7728 SULLY & SON HYDRAULICS INC Oct 26, 2017 $807.80 14336 15868 TEL TEC SECURITY SYSTEM INC Oct 26, 2017 $146.00 14337 13646 UNITED ROTARY BRUSH CORP Oct 26, 2017 $5,015.46 14338 9010 WILLIAMS CLEANING SYSTEMS INC Oct 26, 2017 $274.35 14339 4925 KR AN & ASSOCIATES INC Oct 27, 2017 $10,600.00 188,337.92 10,883,679.65 S: \Accounting \Robert Z \Admin - Council \2017\ 11/15/17 CC AGENDA PACKET PG 37 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 11/8/2017 111-11 N 03 SUBJECT: First reading of ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 1.34.020 relating to Appeals to Department Heads. 2. Amending Section 2.28.050 relating to Meetings and Technical Advisors. 3. Amending Section 2.28.060 relating to Meetings and Councilmember as Advisor. 4. Amending Section 12.56.055 relating to Expulsion from City Facilities. 5. Amending Section 17.72.010 relating to Zoning Enforcement and the Designated Person. STAFF RECOMMENDATION: Staff recommends first reading of the proposed ordinance amendments. BACKGROUND: Periodically, various City Departments request minor changes to the Bakersfield Municipal Code. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors, or to comply with new rules and regulations. The following is a list of ordinance changes that are being recommended by staff: 1 . BMC Section 1.34.020. This section concerns administrative appeal hearings. The proposed change eliminates the requirement to set hearings before the city manager within forty five days and instead substitutes a reasonable time after the request for appeal to allow more flexibility in scheduling appeal hearings. 2 . BMC Section 2.28.050. This section requires having the director of public works or the chief building inspector attend planning commission meetings. The proposed change eliminates this requirement and provides the City with the flexibility of determining which staff member can attend the meeting. 3 . BIVIC Section 2.58.060. This section requires having a council member attend planning commission meetings. The proposed change allows a council member to serve on the planning commission however eliminates the attendance requirement by providing the council member with the flexibility of determining whether they can attend. 4. BIVIC Section 12.56.055. This section concerns expulsion from city facilities. The proposed change broadens the designated duty of enforcing expulsion rules to a city employee, since currently only the director and assistant director are allowed to remove an individual from city facilities and that is not an accurate statement. 5. BIVIC Section 17.72.010. This section concerns zoning and the designated person that may conduct an arrest. The proposed change broadens the designated duty to enforce zoning laws to the code enforcement division, the fire department and/or the police department, since currently only the building director is allowed to conduct an arrest and that is not an accurate statement. ATTACHMENTS: Description D Bkie IMeirno D Oir6naince/kirnein6ing Secdoin 1 34 020 D Oir6naince/kirnein6ing Secdoin .?'..?'8 .050 and .?'..?'8 .060 D Oir6naince Arnein&ng Secdoin 12 56 055 D Oir6naince Arnein&ng Secdoin 17 72 010 Type Coveir IMeirno Ordnance Ordnance Ordnance Ordnance FROM: VIRIDIANA GALLARDO-KING, 080CIATE CITY ATTORNEY'k Ea= This memo is to clarify ordinance cleanup item #3 on the Administrative Report. There, was a scrivener"s error on, Chapter 2 Section: 2,,28,060: regarding Meetings — Councilmember as advisor. The changes being proposed should read as foHows. One member of the city coulincil shall be designated by the city council to sen,ife .eRd the, in an advisory capacity, to the planii,t,lng cortirnissiot'i for a term of two years,, The scrivener's error involved using the word "on" rather than "to,"' Furthermore, Resolution No. 017-03 (attached) establishes that the Chair of the Planning and Development Committee is the liaison to the Planning Comr-nission. NNW Attachment cc: Alan Tandy, City Manager S:\C0UNCJL\MEM0S\ I 7-18\2.28.060.Docx "It"ESOLUTION NO, 0 17 - 0 3 WHEREAS, Bakersfield Municipal Code section 2.28.060 provides that a Council Member be appointed as an advisor to the Planning Commission; and' WHEREAS, the Council Committee on Urban Development is charged with t function of dealing with planning issues within the City-, and I WHEREAS, It is logical and efficient to have a direct relationship between t Urbian Development Committee and the Planning Commission Liaison:. I NOW, THEREFORE, 13E IT RESOLVED by the Council of the City of Bakersfield as follows: All of the above recitals are true and correct-, 2. Henceforth the Council Member appointed as Chai�r of the Coun Committee on Urba�n Development shall' a!lso be appointed' and servie the Planning Commission Liaison, I --------- 0010-- I HEREBY CER71FY that the foregoing Resolution was passed a3j�Wed by IJZ Council of the City of Bakersfield at a regular meeting thereof held on by the follovAng votei: 00� ��� 0� By: SART-J-.TH1LtGE14--` City Attorney SJT:d11 S:�COUINCtLkR��Urt�ConvT<,�vair,F'�,WiCbnvrtjgLSM,DO,C N . .. .... ...... CITY CLERK and Ex Offtio rk of the Council of the Cit) Zsfield ORDINANCE NO. ORDINANCE AMENDING CHAPTER 1 SECTION 1.34.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPEALS TO DEPARTMENT HEADS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 1 Section 1.34.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 1.34.020 Appeals to department heads. A. Whenever this code provides for an appeal to the city department head, the matter may be heard by the department head or designee. B. Unless otherwise provided, all appeals to the department head in this code shall be made within ten days of giving notice of the underlying decision and shall be heard by the department head within fer +„_five 4 �a reasonable fiirne of the request for an appeal hearing. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -- 000---- - - - - -- -- Page 1 of 2 Pages -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER VIRIDIANA GALLARDO -KING Associate City Attorney VGK:dII S:\ COUNCIL \Ords \17- 18 \1.34.020.Appeal Dept Hd.Docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield -- Page 2 of 2 Pages -- ORDINANCE NO. ORDINANCE AMENDING CHAPTER 2 SECTION 2.28.050 AND 2.28.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PLANNING AND ZONING AGENCIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 2 Sections 2.28.050 and 2.28.060 of the Bakersfield Municipal Code is hereby amended as follows. 2.28.060 Meetings — Councilmember as advisor. One member of the city council shall be designated by the city council to serve A-ttep 'he ;tee }iRgS Gf +ho PI/'Y`11`/ 'MMicciGR in an advisory capacity, on the Iplanning commission for a term of two years. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -- Page 1 of 2 Pages -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER VIRIDIANA GALLARDO -KING Associate City Attorney CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield VGK:dII S:\ C0UNCIL \0rds \17 -18 \2.28.050 &2.28.06OTechnical Advisors.Ccmbr.Docx -- Page 2 of 2 Pages -- ORDINANCE NO. ORDINANCE AMENDING CHAPTER 12 SECTION 12.56.055 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 12 Section 12.56.055 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.055 Expulsion from city facilities. A TTh( -Q GRd /„r +ho GSI- +A direrte city employee shall have the authority to expel an individual or group from any and all city recreation and park facilities, including city swimming pools, if said individual or group disrupts the reasonable peace and enjoyment of others using the facilities, or, if said individual or group is a threat to the safety of others using the facilities, or, if the actions of said individual or group is an unreasonable disruption of facility operations. B. In addition to the director and /or assistant director, city employed pool managers, assistant pool managers, and head lifeguards shall have the authority to expel an individual or group from any and all city swimming pools if said individual or group disrupts the reasonable peace and enjoyment of others using the swimming pool, or, if said individual or group is a threat to the safety of others using the pool, or, if the actions of said individual or group is an unreasonable disruption of pool operations. C. There is no limit on the number of times or duration an individual or group may be expelled under this section. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -- Page 1 of 2 Pages -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER VIRIDIANA GALLARDO -KING Associate City Attorney VGK:dII S: \COUNCIL \Ords \17-18\1 2.56.055Parks.Rd1n.Docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield -- Page 2 of 2 Pages -- REDLINED ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 SECTION 17.72.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING ENFORCEMENT BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 17 Section 17.72.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 17.72.010 Designated. A. It shall be the duty of the b iildiRg diRQGiGr a Enforcement Divisiain, Dire Deartirneint, ain /ar Paliae De artirneint to enforce this title as set forth herein. Pursuant to the provisions of California Penal Code Section 836.5, any officer or employee of the building department of the city holding the position of Building Inspector III or higher may enforce the provisions of Title 17 of the Bakersfield Municipal Code and Chapter 2, Part 3, Division 13 of the California Health and Safety Code (Sections 19100 et seq.) and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of any law which he or she has the duty to enforce. °R GF ePRPIGYee PRGkiRg GR GFFec+ under the G theFity ref this; r,(QPtiAA fr, IA'A, +ho ri +iv�TQIeGSe J9FG eGI iroc in QhGpr eF �.(` Title Z PGFt 2 ref the (;GIifr_rAiA_ P I (�Gde (SeGtiGRS 953 5. et corn ) r�r S Gh �ti.,�r��. , ... c�TV.�T cr-r PFGGed iro hr- rcafTCie Ar_ -4ed by thin SiGi(a A-f (;GlifGFRi ce. All departments, officials and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. B. The provisions of this title shall be interpreted and administered by the planning commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this title for purposes of inspection. C. Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is unlawful and a public nuisance and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or Page 1 of 2 Pages REDLINED corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title. D. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions of this code. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. - 00000-- - - - - -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER By: VIRIDIANA GALLARDO -KING Associate City Attorney VGK:dII S:\ COUNCIL \Ords \17- 18 \17.72.010.Zoning Enforce.Docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield Page 2 of 2 Pages ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Ordinances d. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 11/3/2017 111-11 N 03 SUBJECT: Adoption of an Ordinance granting a franchise to California Water Service Company. STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. The ordinance had first reading on November 1, 2017. BACKGROUND: This item provided for a public hearing to be conducted regarding first reading of an ordinance granting a franchise to California Water Service Company (Cal Water). That public hearing was held on November 1, 2017 and the first reading of the ordinance was on November 1, 2017. 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 D Oir6naince Ordinance D Map Exhbt 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:dII S: \WATER \Cal Water Franchise Agr\City Cal Water Ord E'anchise10- 13- 17.Docx 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 -- "A I 10 • 4*J Otto", u Z) w W W Ail 0 Lu L 0 nr 11/15117 CC A GENDA PA CKET PG 61 +J (9, In F Z epc di. 12 2! N i- Tl, tag( 'To r Ell to ra 21 11/15117 CC A GENDA PA CKET PG 61 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/24/2017 111-11 V 03 SUBJECT: Resolution authorizing the Public Works Director to apply for an energy efficiency loan from the California Energy Commission (not to exceed $3,000,000) for a citywide LED street light conversion project. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: Over the past several years, the City has been retrofitting existing high-pressure sodium (HPS) street light fixtures with light emitting diode (LED) fixtures. For each HPS fixture that is replaced with a LED fixture, there is a reduction in energy consumption as well as a per fixture cost savings of up to 50 percent annually. If all existing HPS streetlights were to be retrofitted to IED citywide, staff estimates the annual, ongoing cost savings to the General Fund after payback to be $665,500 in today's dollars. This estimate does not take into consideration future utility rate increases from Pacific Gas and Electric (PG&E). The potential savings to the General Fund is significant, particularly in light of the recent fiscal outlook presented to the City Council. Beyond energy and cost savings, the LED street lights are an equal replacement of the HPS fixtures in terms of light measurement. Additionally, LED fixtures reduce glare by providing better directional lighting on streets and sidewalks and improve color rendition. The LED fixtures also shed light evenly 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. LED fixtures require less frequent maintenance and last an estimated five times longer than traditional HPS fixtures. The annual savings amount identified previously does not factor in maintenance cost savings and staff time that can be utilized to address other pressing needs, as opposed to replacing and maintaining antiquated HPS fixtures. Since 2014, the City has retrofitted over 800 streetlights to LED fixtures. 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 to be installed. Although staff has been successful in retrofitting several segments of streetlights, the ability to realize the largest savings to the General Fund requires staff to consider options to retrofit the remaining 15,570 HPS streetlights within a more rapid time period. However, as more time passes, the City forgoes the ability to realize the annual savings. The estimated cost of a citywide street light conversion is $4.4 million, including a required audit and after rebates. Staff anticipates a 7.73-year payback period. To complete this project and begin to realize the savings within the General Fund, staff anticipates utilizing two main financing mechanisms. PG&E On Bill Financing Program. The first mechanism is anticipated to be completed through PG&E's On Bill Financing Program. Under this program, the City utilizes a zero percent interest loan for up to $2 million in streetlight retrofits. Loan terms and monthly payment amounts are determined based on the estimated monthly energy savings from the retrofit project. The City has successfully utilized this program for several energy efficiency improvement projects, including downtown street light conversions, as well as LED retrofit projects at Rabobank Arena, Police Headquarters and the Park at River Walk. While not subject to the proposed action before the Council this evening, this mechanism is anticipated to facilitate approximately half of the dollar amount necessary to convert all street lights to LED fixtures. Future items associated with the PG&E On Bill Financing Program will be brought forth to the Council for consideration at the appropriate time. California Energy Commission Energy Efficiency Financing Program. The balance of the project is proposed to be funded through the Energy Efficiency Financing Program offered through the California Energy Commission. This loan program has been utilized by 860 government agencies in California to make over $409 million in energy improvements since the program was implemented in 1979. The City of Bakersfield previously utilized this program in 1980. More recently, the cities of Visalia, Clovis, Lancaster, Los Angeles, San Diego and Ventura are among a list of hundreds of local jurisdictions that have utilized this program to make energy improvements. This program offers a simple 1 percent loan to cities to complete qualified energy conservation projects. The maximum loan amount per city is $3 million. The loan is paid back utilizing the energy savings from the proposed street light conversions. The interest is fixed for the term of the loan and is anticipated to be significantly less than the PG&E rate increases during the payback period. For reference, the average annual PG&E rate increase over the prior five years is 6.98 percent. This resolution authorizes the Public Works Director to submit an application to California Energy Commission for funding consideration under the Energy Efficiency Financing Program. Submittal of an application does not guarantee funds will be made available. Funds are available for eligible projects as loan applications are accepted on a first-come, first-served basis. California Energy Commission staff has indicated the next round of funding will become available in December 2017 or January 2018. Submitting the application within the next several weeks will likely increase the City's ability to secure a portion of this funding. Should the City's application be successful, any future loan agreement, including the term and final amount of the loan, will be brought to the Council for consideration. The timeline to complete retrofit is dependent both on the ability for the City to complete an audit of existing streetlights as well as the City's success in securing funding through the PG&E On Bill Financing Program and the Energy Efficiency Financing Program. Given the potential annual savings to the General Fund, as well as the lighting and maintenance benefits of LED fixtures, staff is recommending approval of the resolution. ATTACHMENTS: Description Type D ReSdUdOlrl tea /WflhOidze C EC I oan /kppficadoin Resokltblrl RESOLUTION NO. RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR OF THE CITY OF BAKERSFIELD TO APPLY FOR AN ENERGY EFFICIENCY LOAN FROM THE CALIFORNIA ENERGY COMMISION AND EXECUTE LOAN DOCUMENTS ON BEHALF OF THE CITY IF THE LOAN IS APPROVED, IN AN AMOUNT NOT TO EXCEED $3,000,000 FOR A CITY -WIDE STREET LIGHT PROJECT RECITALS WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements; and WHEREAS, loan funds can be used to finance projects by using the annual energy cost savings to pay the debt service; and WHEREAS, the City owns approximately 15,570 high pressure sodium (HPS) street lights; and WHEREAS, the City has analyzed the cost savings from retrofitting the HPS street lights with Light Emitting Diode (LED) light fixtures and found it to be favorable to the City; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The above recitals are true and correct. 2. The City Council authorizes the City of Bakersfield to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures. 3. In compliance with the California Environmental Quality Act (CEQA), the City Council finds that the activity funded by the loan is exempt pursuant to CEQA guidelines Section 15302(c) which exempts replacement and reconstruction of existing utility systems and /or facilities involving negligible or no expansion of capacity. 4. If recommended for funding by the California Energy Commission, the City Council hereby authorizes the City of Bakersfield to accept a loan up to $3,000,000. The amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note, and Tax Certificate of the California Energy Commission. 5. The City Council hereby authorizes the Public Works Director and the Finance Director to execute on behalf of the City of Bakersfield all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects. ---- - - - - -- 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: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney En JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolution f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 11/3/2017 iTiff-11 1.1 SUBJECT: Resolution authorizing the City Manager or Finance Director to execute documents related to a grant application for the Talisman Sump Improvements. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The Federal Emergency Management Agency (FEMA) requires local jurisdictions to develop and adopt a Multi-Jurisdictional Multi-Hazard Mitigation Plan (HGMP) in order to continue to be eligible for certain federal mitigation grant project funding. The City, in conjunction with the County of Kern and other local government entities, participated in developing a HGMP and formally adopted the original plan in 2006 as well as the most recent update in 2012. Over the last few years, the State and Federal governments have declared disasters that in part covered Kern County. Because the City is a participant in the adopted HGMP, the City was deemed eligible for funding for projects listed within the plan. Staff has applied for a grant for a project known as the Talisman Sump Improvements (near South H Street and Ming Avenue). This project mitigates flooding concerns in the area by constructing a permanent stormwater pump station at the Talisman Sump; installs 1,400 linear feet of force main piping from the sump to connect to a nearby storm drain system that has capacity and drains to the Wilson Park Sump; and converts the Talisman Sump from a retention basin to a detention basin. Not only will the proposed project help prevent flooding in this neighborhood, but it will also save City resources from continually responding during rain events. If awarded, the attached resolution authorizes the City Manager or City Finance Director to execute all documents necessary for acceptance of the grant. Please note the City has not received this grant; however, this resolution is required for the City to move into the next stage of the application review process. Estimated costs for the Talisman Sump Improvements is $840,000. If awarded, the grant would provide 75% of the funding for this project. The 25% local match requirement is proposed to be funded by the Sewer Enterprise Fund. Therefore, the grant would provide $630,000 of funding with the Sewer Enterprise Fund providing the local match of $210,000. There is no General Fund impact associated with this project. ATTACHMENTS: Description D ReSdUdOlrl Type Resokltblrl STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES 130 Cal OES ID No: 029 -02526 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Bakersfield (Governing Body) (Naive of Applicant) THAT Alan Tandy (City Manager) OR (Title of Authorized Agent) Nelson Smith (Finance Director) OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Bakersfield a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act. THAT the City of Bakersfield a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: ❑This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below. ❑This is a disaster specific resolution and is effective for only disaster number(s) DR -4305 Passed and approved this 15th day of November , 20 17 Bob Smith (Vice Mayor) (Naive and Title of Governing Body Representative) Ken Weir, Jacquie Sullivan, Willie Rivera, Chris Parlier, Andrae Gonzales, Bruce Freeman (Councilmembers) (Naive and Title of Governing Body Representative) (Naive and Title of Governing Body Representative) CERTIFICATION 1, Christopher Gerry duly appointed and Acting City Clerk of (Naive) (Title) City of Bakersfield do hereby certify that the above is a true and correct copy of a (Naive of Applicant) Resolution passed and approved by the City Council (Governing Body) on the 15th day of November , 20 17. (Signahue) Cal OES 130 (Rev.9 /13) Page 1 of the City of Bakersfield (Naive of Applicant) Acting City Clerk (Title) ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolutions g. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 10/13/2017 WARD: Ward (s) 2, 5 SUBJECT: Police Department Facilities Security Upgrade: 1. Resolution determining that the DMP Entre DoorAccess System 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 $75,000. 2. Agreement with Tel-Tec Security Systems, Inc. (not to exceed $75,000) to upgrade and expand the electronic door access system at the Bakersfield Police Department Headquarters, Westside Substation and City Hall South. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement. BACKGROUND: The Police Department currently utilizes two different electronic door access systems at multiple secure facilities to restrict access to authorized personnel: • Police Headquarters and the Westside Substation utilize theKeri DoorAccess System Police Property Facility utilizes the DMP Entre DoorAccess System The Keri Door Access System was installed in 2006 and is no longer supported by the manufacturer. This system has developed several operational issues and is difficult to maintain due to lack of manufacturer support. In 2014, Tel-Tec Security Systems, Inc. designed and installed the DMP Entre Door Access System at the Police Property Room. The system has proven to be an effective and user-friendly platform to maintain security and restrict access at the facility. Therefore, staff is recommending replacement of the existing Keri Door Access System with the DMP Entre System in order to make all police building door accesses function under one system. In addition, this project will expand the use of the DMP Entre System to control access to the Internal Affairs and Animal Control offices in City Hall South. Once completed, this upgrade will improve system management and security across all facilities outfitted with this system. Tel-Tec Security Systems, Inc. is the regional distributor of DIVIP Entre Door Access Systems, and the only vendor in the Bakersfield area authorized to design and install this product. Therefore, staff is recommending adoption of the resolution to dispense with bidding for the purchase of DIVIP Entre Door Access Systems to be purchased from Tel-Tec Security Systems, Inc. not to exceed $75,000. As part of this item, staff is recommending approval of an agreement with Tel-Tec Security Systems, Inc. for the design and installation of the DIVIP Entre Door Access Systems at these facilities. Funding for the purchase of the DIVIP Entre Door Access Systems are made available through Supplemental Law Enforcement Services Funds within the Police Department operating budget. ATTACHMENTS: Description D ReSdUdOlrl Sde SOUirce Type Resokltblrl D /kgireeirneint '5e�� '1'ec /kgireeirneint D ExhbUk /kgireeirneintw/Tell '1'ec ExhNt RESOLUTION NO. A RESOLUTION DETERMINING THAT A DOOR CARD ACCESS SYSTEM UPGRADE TO DMP ENTRE ACCESS CONTROL CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE TO CONTRACT WITH TEL - TEC SECURITY SYSTEMS, INC. TO PURCHASE AND INSTALL DMP ENTRE ACCESS CONTROL TO UPGRADE THE POLICE DEPARTMENT DOOR ACCESS CONTROL SYSTEM, NOT TO EXCEED $75,000.00. WHEREAS, the Police Department utilizes two separate electronic door access systems to restrict access to authorized personnel: one servicing the Police Headquarters building and the Westside Substation, and another servicing the Police Property Room; and, WHEREAS, the Keri door access system servicing the Police Headquarters building and the Westside Substation has been in service since 2006, is in disrepair and is no longer supported by the manufacturer; and, WHEREAS, the DMP entre door access system was purchased and installed as part of the building project of the Police Department Property Room in 2014; and, WHEREAS, Tel -Tec Security Systems, Inc. is the regional distributer of DMP entre door access systems, and designed the system currently in place at the Police Department Property Room; and, WHEREAS, upgrading the existing Keri system to the DMP entre system will make all police building door accesses functional under one system; and, WHEREAS, it is in the best interest of the City to maintain secured access to Police Department buildings, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. The work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. -Page 1 of 2 Pages - 4. The expenditure of funds for said work, supplies, equipment or materials shall not exceed Seventy - Five Thousand Dollars ($75,000.00). ---- - - - - -- 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED Karen Goh Mayor APPROVED AS TO FORM: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER VIRGINIA GENNARO, City Attorney Richard Iger Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -Page 2 of 2 Pages - 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 Tel -Tec Security Systems, Inc. ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of Door Card Access Systems; and WHEREAS, CITY desires to employ CONTRACTOR for the installation of a Card Access Control System at Police Department Facilities, upgrading the existing Keri Systems to DMP Entre Access Control; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: 1.1 CONTRACTOR will perform the following: provide all necessary labor, materials, parts and equipment to upgrade the existing Keri Door Access Control System to the DMP Entre Access Control System, and expand the door access control system to include Internal Affairs and the Animal Control Division located at City Hall South (1501 Truxtun Avenue), per Exhibit "A" attached hereto. 1.2 CONTRACTOR will warranty system and provide Software Support for a period of one year after installation of the Door Access Control System, per Exhibit "A" attached hereto. 1.3 CONTRACTOR will provide system maintenance and software upgrades as necessary for one year after the warranty, per Exhibit "A" attached hereto. 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 shall be paid according to the price rate sheet, per Exhibit "A" attached hereto. The sum of total invoices paid shall not exceed Sixty -Two Thousand and No /100 Dollars ($75,000.00). INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC \CEA262AO -EE1B- 41768- AOC1- FA55Cl39E8l3E3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 1 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 7 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. INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CEA262AO- EE1B- 4E68- AOC1- FA55CB9E8BE3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 2 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 7 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate three years from the executed date of this agreement. 13. TERMINATION. This Agreement may be terminated by any party upon thirty (30) days' written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC \CEA262AO -EE1B- 41768- AOC1- FA55Cl39E8l3E3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 3 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 77 contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 19.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CEA262AO- EE1B- 4E68- AOC1- FA55CB9E8BE3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 4 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 7 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 19.5 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC \CEA262AO -EE1B- 41768- AOC1- FA55Cl39E8l3E3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 5 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 7 19.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 19.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CEA262AO- EE1B- 4E68- AOC1- FA55CB9E8BE3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 6 of 9 Pages -- 11/15/17 CC AGENDA PACKET PG 80 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: TEL -TEC SECURITY SYSTEMS, INC. 5020 Lisa Marie Court Bakersfield, CA 93301 (661) 325 -0744 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, INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC \CEA262AO -EE1B- 41768- AOC1- FA55Cl39E8l3E3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 7 of 9 Pages -- 11/15/17 CC AGENDA PACKET PG 81 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- 3695338 CONTRACTOR is a corporation? Yes x No (Please check one.) INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC \CEA262AO -EE1B- 41768- AOC1- FA55Cl39E8l3E3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 8 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 82 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. INDEPENDENT CONTRACTOR'S AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CEA262AO- EE1B- 4E68- AOC1- FA55CB9E8BE3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 9 of 9 Pages -- 11/15/17 CC A GENDA PA CKET PG 83 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 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: BAKERSFIELD POLICE DEPARTMENT LYLE D. MARTIN Chief of Police COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit "CONTRACTOR" in Pent Name: Morgan Clayton Title: President INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CEA262AO- EE1B- 4E68- AOC1- FA55CB9E8BE3 \PDFConvert.9680.1.Tel- Tec_Syste ms_Door_Access_U pgrade. d ocx - Updated — March 9, 2015 -- Page 10 of 10 Pages -- 11/15/17 CC A GENDA PA CKET PG 84 Te 1, IWrIlU Te c security systems, inc. Quality in Securio� Quality in Semicc Bakersfield Police Department 1501 Truxtun Ave Bakersfield CA 93301 Ph# (661) 326-3835 Attn: Brian Sandrini Ph # (661) 326-3696 Plug` (661) 342-0444 Email: bsandrini@),bakersfieldpd.us, September 21, 2017 Proposal For Card Access Control System Upgrade from Jeri. Systems to DNIP Entre Access Control For the Following Slues;. Police Headquarters Westside Substation City Hall: Internal Affairs and Animal Control Department CONFIDENTIAL 5020 Lisa Marie Court • Bakersfield, California 93313 - tel:(6,61) 397-5511 - fax ;(661) 834-3616 - License #472338 Exhibit A - Page 1 of 8 Police Headquarters Westside Substation City Hall: Internal Affairs and Animal Control Department Tel-Tee Security Systems, Inc. has been in business for over 30 years and is made up of individuals with proven security experience to provide the best value solution. Our local certified UL monitoring station is ready to respond to you personally 7 (lays a week 24 hours a day. We are an authorized security dealer of leading products to guarantee your satisfaction. Our organization has exemplary past performance ratings in government and private sectors,, including banks, universities and airports trusting their security to us. Innovative technological advances and measured management performance make us leaders in the security industry. Tel-Tec Security reinvests in communities by supporting local nonprofit organizations that assist in improving quality of life for youth and families. We are looking forward to taking care of your security needs and providing you with peace of mind as our valued customer. Please visit our website at www.tel-tec.com; and we look forward to serving you. Scone of Work: Item One: Tel-Tee to utilize the following existing materials fors stemn upgrades: 1. All access control cabling will remain at the site 2. All power supplies will remain on the site 3. All conduit, boxes and splice canisters will remain on site 4. All door locks, prox readers and electric strike hardware will remain onsite 5. All current HID prox cards (possible might be changed for new cards for pictures) Item Two: Tel-Tec to remove the following materials for system upgrades.: I. All Keri Control Panels will be removed 2. Keri software will be removed item Three: New DMP Entre Access Control System Upgrade Tel-Tee to provide and install the following new DMP Entre Access control equipment, touch pads and batteries at the following locations. Exhibit A - Page 2 of 8 Bakersfield Police Department Headquarters Proposal Quantity Description Extended Cost 6 DMP Panel Enclosure (Empty) (350-G) $ 444.12 6 DMP Enclosure Cam Lock (301) $ 15.72 4 DMP - XR550 Dialer/Net w/Xfrmr (XR5501i NL-G) $ 2,542.40 4 D1MP Thin line LCD KP (White) (7060-W) $ 492.08 3 Switch-Wht 3/8 & 1/4 bare snag (N175WH) $ 19.68 3 HID Mini Prox Card Reader 5365 (HU-5365EGP00) $ 637.29 37 DMP Wiegand Interface Module (734) $ 4,00.1.55 3 En tre Add-On 16 Door Lie (ENTRE-1 6DR) $ 2,462.25 4 Battery 12V 7.0 AH (WP 7-12) $ 120.00 8 Battery 12V 9 AH (W]"942) $ 240.00 1 Altronix 24VDC 6amp Pwr Supply (AX-AL600ULX) $ 388.16 Materials $11,363.25 Miscellaneous & Wire $ 750.00 Sales Tax (7.5%) $ 908.49 Door Hardware $ 3, 361,00 Labor and Programming $19,150.00 Total $36,,032.74 Annual Software Support $ 540.75 Bakersfield Police Department Westside Substation Proposal Quantity Description Extended Cost 1 DMP Panel Enclosure (Empty) (350-G) $ 74.02 1 DMP Enclosure Cam Lock (301) $ 2.62 1 DMP - XR550 Dialer/Net w/Xfrmr (XR550DNL-G) $ 635.60 1 DMP Thinline LCD KP (White), (7060-W) $ 123.02 8 DMP Wiegand Interface Module (734) $ 865.20 1 Battery 12V 7.0 All (WP 7-12) $ 30.00 2 Battery 12V 9 AH (WP 9�-12) $ 60.00 Materials $1,790.46 Miscellaneous & Wire $ 565.00 Sales Tax (7.1%) $ 176.66 Labor and Programming $5,850.00 Total $8,382.12 Exhibit A - Page 3 of 8 Bakersfield Cily Hall for Internal Affairs and Animal Control Departments Proposal Quantity Description I DNIP - XR550 Diialer/Net w/Xfrmr (XR550DNI,-G) I DMP Thinline LCD KP (White) (7060-W) 2 DNIP Wiegand Interface Module (7 4) 1 Battery 12V 7.0 AH (WP 7-12) 1 Battery 12V 9 AH (WP 9-12) Materials Miscellaneous & Wire Sales Tax (7.5%) Labor and Programming Total Annual Software Support Total for all Locations Annual Software Support Item Four: System Warran![y Extended Cost S 635.60 $ 123.02 $ 216.30 $ 30.00 $ 30.00 $ 1,034.92 $ 140.00 $ 88.12 $ 2,875-00 $ 4,138.04 $48,552.90 $ 5'91-50 The system warranty will be one (1) year and a full service contract is available after the warranty period to cover repairs and software upgrades. Annual Cost of Service Agreement After Warranty 1. Bakersfield Police Department Headquarters S 4,800.00 2. Bakersfield Police Department Westside Substation S 1,800.00 3. Bakersfield City Hall: Internal Affairs and Animal Control $ Annual Total S 7,500-00 Exhibit A - Page 4 of 8 Payment Terms: 1. Once job is scheduled 100% material cost will be billed to the customer. 2. Labor cost will be progressively billed as work is completed. Normally terms are unless otherwise negotiated 50% at prewire and 50% upon completion. Notes: 1. Warranty on system shall be for one (1) year. 2. This proposal is valid for six (6) months. 3. The foregoing bid / proposal excludes any and all extraordinary costs or expenses incurred by Tel-Tec resulting from job site requirements or restrictions imposed by customer, including, but not limited to, additional insurance premiums resulting from any requirement to name customer as an additional insured or employer, or due to subrogation or indemnification provisions.. ny such additional costs shall be added to the bid amount provided such costs are approved by both parties pursuant to a signed addendum to this bid / proposal. Tel-Tee Security Systems, Inc. —*==L Morgan Clayton date Worl ) Proposal I BF'D- AmAs Bakersfield Police Department Signature P.0 # date Exhibit A - Page 5 of 8 Tel-Tec ,.. security systems, inc. Bakersfield Police Department 1601 Truxtun Ave Bakersfield CA 93301 Ph# (661) 326 -3835 Attn: Darrin Branson Ph# (661) 326 -3831 Email:dbranson @bakersfieldpd.us November 1, 2017 Proposal For Adding Additional Door Prox Readers to Entre Access Control System CONFIDENTIAL 5020 Lisa Marie Court • Bakersfield, California 93313 • teL(661) 397 -5511 • fax:(661) 834 -3616 • License #472338 Exhibit A - Page 6 of 8 Bakersfield Police Department 1601 Truxtun Ave Bakersfield CA 93301 Tel -Tec Security Systems, Inc. has been in business for over 30 years and is made up of individuals with proven security experience to provide the best value solution. Our local certified UL monitoring station is ready to respond to you personally 7 days a week 24 hours a day. We are an authorized security dealer of leading products to guarantee your satisfaction. Our organization has exemplary past performance ratings in government and private sectors, including banks, universities and airports trusting their security to us. Innovative technological advances and measured management performance make us leaders in the security industry. Tel -Tec Security reinvests in communities by supporting local nonprofit organizations that assist in improving quality of life for youth and families. We are looking forward to taking care of your security needs and providing you with peace of mind as our valued customer. Please visit our website at www.tel - tec.com and we look forward to serving you. Scope of Work: 1. Tel -Tec to provide and install the required additional network cabling from prox reader to closest controller. 2. Tel -Tec to provide and install a 24VDC electric door strike on doors listed below. 3. Tel -Tec to provide and install door closer on doors listed below. 4. Any repairs required on the existing door hardware will be taken care of by BPD. 5. Tel -Tec to program software and test doors to insure proper operation. Door Number Door Description Cost 1 Door 156 on Main Floor $2,980.00 2 Basement Evidence Room Entry Door #5 $2,980.00 3 Basement Evidence Room New Door framed $2,980.00 4 Relocate of Prox Reader to Records Entry Door $1,980.00 5 Badging Room Entry Door $2,980.00 Grand Total $13,900.00 Exhibit A - Page 7 of 8 Payment Terms: 1. Once job is scheduled 100% material cost will be billed to the customer. 2. Labor cost will be progressively billed as work is completed. Normally terms are unless otherwise negotiated 50% at prewire and 50% upon completion. Notes: 1. Warranty on system shall be for one (1) year. 2. This proposal is valid for six (6) months. 3. The foregoing bid / proposal excludes any and all extraordinary costs or expenses incurred by Tel -Tec resulting from job site requirements or restrictions imposed by customer, including, but not limited to, additional insurance premiums resulting from any requirement to name customer as an additional insured or employer, or due to subrogation or indemnification provisions. Any such additional costs shall be added to the bid amount provided such costs are approved by both parties pursuant to a signed addendum to this bid / proposal. Tel -Tec Security Systems, Inc. Morgan Clayton date Word / Proposal / BPD- Access Bakersfield Police Department Signature P.O # date Exhibit A - Page 8 of 8 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 11/2/2017 111-11 V 03 SUBJECT: New temporary job classification and change to salary schedule: 1. Amendment No. 21 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. 2. New temporary job classification: Parking Enforcement Technician. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the new temporary job classification. BACKGROUND: In an effort to respond to a Council referral regarding various issues associated with parking in the downtown area, the Police Department developed a plan of action which includes the creation of a new Temporary Parking Enforcement Technician classification. This new temporary position will be utilized to specifically focus on parking enforcement activities, while allowing existing Police Service Technicians to remain in the field assisting Police Officers on a variety of other higher priority duties. The primary duties of the Temporary Parking Enforcement Technician will include: • Patrolling an assigned route of city streets and parking lot facilities to identify and enforce violations of parking laws, ordinances, and regulations; • Issue citations and/or impound vehicles in violation; • Advise the public regarding parking laws and related issues; • Answer and respond to complaints concerning parking violations and take appropriate action; • Investigate, respond to, and enforce disabled parking placard provisions; • Report traffic accidents, abandoned vehicles, hazardous vehicles and traffic hazards encountered in the course of work; and • Provide information to the public regarding locations of streets, buildings, parking lot facilities and other points of interest. This position will undergo approximately two to four weeks of training that will be coordinated by the Traffic Division, and will include parking violations training. Staff recommends the hourly wage of $16.556 which is 10 percent less than the step 1 of a Police Service Technician position. This wage is appropriate given that the requirements of this temporary position are significantly less than that of a full time, permanent role. The police department's current budget will allow for two (2) temporary Parking Enforcement Technicians so this item does not require any additional appropriation. It should be noted that in developing this new temporary position, the City engaged in the meet and confer process with SEW and all parties have agreed to the specifications as outlined in this report. This item authorizes the creation of the Temporary Parking Enforcement Technician classification, sets the hourly wage and incorporates these changes into the resolution for the temporary unit. ATTACHMENTS: Description D ReSdUdOlrl 044 93 Type Resokltblrl RESOLUTION NO. AMENDMENT NO. 21 TO RESOLUTION NO. 44 -93 SETTING SALARIES AND RELATED BENEFITS FOR THE TEMPORARY UNIT WHEREAS, Resolution No 44 -93 sets salaries and related benefits for employees of the Temporary Unit; and WHEREAS, the City desires to make amendment thereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, a portion of the Salary Schedule, a part of Resolution No. 44 -93, is hereby amended as follows: 1. Resolution No. 44 -93 is hereby amended by revising the salaries of the following class titles in the Temporary Unit: 21469 A Parkinq Enforcement Technician — Temp $16.556 - -- 000---- - - - - -- the HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER, NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY Acting CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED KAREN K. GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA A. GENNARO CITY ATTORNEY of the City of Bakersfield S: \RESOLUTIONS \Resolutions - 2017 \Res 044 -93 Amend 21 Temporary Unit.doc ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/27/2017 WARD: Ward(s)1, 2, 3, 7 SUBJECT: Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1938 adding Area 3-105 (3411 Hosking Avenue) — Ward 7 2. ROI No. 1939 adding Area 3-106 (2650 Panama Lane) — Ward 7 3. ROI No. 1940 adding Area 3-107 (9804 Compagnoni Street) — Ward 7 4. ROI No. 1941 adding Area 4-172 (740 Monticello Avenue) — Ward 1 5. ROI No. 1942 adding Area 4-173 (614 E. 9th Street) — Ward 1 6. ROI No. 1943 adding Area 4-174 (501 ChesterAvenue) — Ward 2 7. ROI No. 1944 adding Area 4-175 (2900 Buck Owens Boulevard) — Ward 3 8. ROI No. 1945 adding Area 5-87 (211 S. Hayes Street) — Ward 1 9. ROI No. 1946 adding Area 5-88 (647 Casa Loma Drive) — Ward 1 10. ROI No. 1947 adding Area 5-89 (2009 Harry E. Yarnell Court) — Ward 7 11. ROI No. 1948 adding Area 5-90 (5717 Gwendolyn Street) — Ward 7 12. ROI No. 1949 adding Area 5-91 (324 Madison Street) — Ward 1 13. ROI No. 1950 adding Area 5-92 (4820 Eve Street) — Ward 1 STAFF RECOMMENDATION: Staff recommends adopting the resolutions of intention. BACKGROUND: Written requests have been received by the city engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's Office upon approval of this Resolution. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting. ATTACHMENTS: Description D FAG; #1938 adding hrea 3 ...'105 to the CU) D MD 3 '105 Exhbtl D MD 3 '105 Exhbt/k D MD 3 '105 Exhbt IB D MD 3 '105 Exhbt C D MD 3 '105 Exhbt D D MD 3 '105 Exhbt E D MD 3 '105 Exhbt F D FAG; #1939 adding hrea 3 ...'106 to the CU) D D 3 '106 Exhbtl D �M D 3 '106 Exhbt/k D D 3 106 Exhbt lB D �M D 3 106 Exhbt C D D 3 106 Exhbt D D D 3 106 Exhbt E D D 3 106 Exhbt F D FAG; #1940 adding hrea 3 ...'107 to the CU) D D 3 '107 Exhbtl D D 3 '107 Exhbt/k D D 3 107 Exhbt lB D �M D 3 '107 ExhbtC D D 3 10 7 Exh lb i'i t D D D 3 107 Exhbt E D D 3 107 Exhbt F D FAG; #1941 adding hrea 4 ...'t7'2 to the CU) Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl D �M D 4 172 Exhbtl Exhbt D D 4 172 Exhbt A Exhbt D D 4 172 Exhbt IB Exhbt D �M D 4 172 Exhbt C Exhbt D D 4 1'x''2 Exh lb t D Exhbt D D 4 172 Exhbt E Exhbt D D 4 172 Exhbt F Exhbt D FAG; #1942 adding Airea 4 ...'1'73 to the CW'.) Resokltblrl D D 4 173 Exhbtl Exhbt D D 4 173 Exhbt/k Exhbt D D 4 173 Exhbt IB Exhbt D D 4 173 Exhbt C Exhbt D D 4 1'73 Exh lb t D Exhbt D D 4 173 Exhbt E Exhbt D �M D 4 173 Exhbt F Exhbt D FAG; #1943 adding Airea 4 ...'174 to the CW'.) Resokltblrl D D 4 '174 Exhbtl Exhbt D D 4 '174 Exhbt/k Exhbt D D 4 '174 Exhbt IB Exhbt D D 4 '174 Exhbt C Exhbt D �M D 4 '174 Exhbt D Exhbt D D 4 '174 Exhbt E Exhbt D D 4 '174 Exhbt F Exhbt D FAG; #1944 adding Airea 4 ...'175 to the CW'.) Resokltblrl D D 4 175 Exhbtl Exhbt D D 4 175 Exhbt/k Exhbt D D 4 175 Exhbt IB Exhbt D D 4 175 Exhbt C Exhbt D D 4 17 5 Exh lb t D Exhbt D D 4 175 Exhbt E Exhbt D D 4 175 Exhbt F Exhbt D FAG; #1945 adding Airea 5 (137 to the CW'.) Resokltblrl D D 5 (13 7 ExhHbtl Exhbt D D 5 (13 7 ExhHbt/k Exhbt D D 5 (13 7 ExhHbt IB Exhbt D �M D 5 (13 7 ExhHbt C Exhbt D D 5 (13 7 ExhHbt D Exhbt D D 5 (13 7 ExhHbt E Exhbt D D 5 (13 7 ExhHbt F Exhbt D FAG; #1946 adding Airea 5 (138 to the CW'.) Resokltblrl D MD 5 (138 ExhHbtl Exhbt D MD 5 (138 ExhHbt/k Exhbt D MD 5 (138 ExhHbt IB Exhbt D MD 5 (138 EkN b t C Exhbt 11115117 CC AGENDA PACKET PG 99 D MD 5 (138 ExhHM D ExhNt D MD 5 (138 ExhHM E ExhNt D MD 5 (138 ExhHM F ExhNt D FAG; #1947 adding Airea 5 (139 to the CW'.) Resokltblrl D MD 5 (139 ExhHNtl ExhNt D MD 5 (139 ExhbUk ExhNt D MD 5 (139 ExhHNt IB ExhNt D MD 5 (139 EkN N t C ExhNt D MD 5 (139 ExhHNt D ExhNt D MD 5 (139 ExhHNt E ExhNt D MD 5 (139 ExhHNt F ExhNt D FAG; #1948 adding Airea 5 ...90 to the CW'.) Resokltblrl D MD 5 90 ExhHNtl ExhNt D MD 5 90 ExhbUk ExhNt D MD 5 90 ExhHNt IB ExhNt D MD 5 90 EkN N t C ExhNt D MD 5 90 ExhHNt D ExhNt D MD 5 90 ExhHNt E ExhNt D MD 5 90 ExhHNt F ExhNt D FAG; #1949 adding Airea 5 91 to the CW'.) Resokltblrl D D 5 91 ExhHNtl ExhNt D D 5 91 ExhbUk ExhNt D D 5 91 ExhHNt IB ExhNt D D 5 91 ExhHNt C ExhNt D D 5 91 ExhHNt D ExhNt D D 5 91 ExhHNt E ExhNt D �M D 5 91 ExhHNt F ExhNt D FAG; #1950 adding Airea 5 ...92 to the CW'.) Resokltblrl D MD 5 92 ExhHNtl ExhNt D MD 5 92 ExhbUk ExhNt D MD 5 92 ExhHNt IB ExhNt D MD 5 92 EkN N t C ExhNt D MD 5 92 ExhHNt D ExhNt D MD 5 92 ExhHNt E ExhNt D MD 5 92 ExhHNt F ExhNt 11115117 CCAGENDA PACKETPG 100 RESOLUTION OF INTENTION NO. 1938 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -105 (3411 HOSKING AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner(s) has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 3 -105 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 3\1\4D 3- 105 \R0I 1938 EST CMD.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 101 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 3\1\4D 3- 105 \R0I 1938 EST CMD.docx Page 2 of 3 11/15117 CC AGENDA PACKET PG 102 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F' S:APROJECTS \MAINDIST\Eonnation Docuinents\Area 3\1\4D 3- 105 \R0I 1938 EST CMD.docx Page 3 of 3 11/15117 CC AGENEDA PACKET PG 103 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -105 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the southwest corner of Hosking Avenue & Wible Road and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 105 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 105 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 3-105 An area located in Section 35, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPIR 16-0257 3411 Hosking Ave Bakersfield California Containing: 8.4 Acres, more or less. I *AV : I 1 1.1111 W-11 I'llulm EXHOIT'OB"' I 11115117 CC AGENDA PACKET PG 107 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre AGENDA 11/15117 CC +► a 6 MAINTENANCE DISTRICT AREA 3 -105 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 514- 010- 15 -00 -3 Total Date: MAINTENANCE DISTRICT AREA 3 -105 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 Chung H. Choi and Kyoung Lan Choi 18655 Vantage Pointe Dr. Rowland Heights, CA 91748 August :t // , 2017 Daniel Padilla City of Bakersfield - Public Works Department 1600 Truxton Avenue Bakersfield, California 93301 RE: Inclusion of APN 514- 010- 15 -00 -3 in a Consolidated Maintenance District (CMD) Dear Mr Padilla: We, the undersigned, as owners of the property commonly identified as APN 514 - 010- 15 -00 -3 (the "Property "), hereby request that the Property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of a map of the Property for your use. We understand that under Proposition 218 and Government Code Section 53753 ( "applicable law "), a City Council hearing will be held for the purpose of including the Property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for ' 20 at 5:15 in the Council Chambers located at 1501 Truxton Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Kyoung Lan Choi � 1 RESOLUTION OF INTENTION NO. 1939 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -106 (2650 PANAMA LANE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner(s) has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 3 -106 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 106 \R0I 1939 EST CMD.docx Page 1 of 3 11/15117 CC A GENDA PA CKET PG 112 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 106 \R0I 1939 EST CMD.docx Page 2 of 3 11/15117 CC A GENDA PA CKET PG 113 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F' S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 106 \ROI 1939 EST CMD.docx Page 3 of 3 11/15117 CC A GENDA PA CKET PG 114 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -106 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the north side of Panama Lane, west of SR 99 and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 106 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 106 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 3 -106 An area located in Section 24, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 17 -0185 2650 Panama Ln. Bakersfield California Containing: 0.12 Acres, more or less. i *AV :ii:1111r_1 I'llulm NOT TO SCALE EXHOIT'B" I 11/15117 CC A GENDA PA CKET PC, 11 a CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/15117 CC AGENDA +► a +► � MAINTENANCE DISTRICT AREA 3 -106 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 372 - 410- 05 -00 -6 Total Date: MAINTENANCE DISTRICT AREA 3 -106 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: .RE: Inclusion of Site Plan Review No. 17-0185 (2660 Panama Lane) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included Within Site Plan Re-view No. 17-0185 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CM - Q. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing- Respectfull Nelson Lui Senior Engineer California Water Service [M-01PIS F• --] 119 RESOLUTION OF INTENTION NO. 1940 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -107 (9804 COMPAGNONI STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner(s) has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 3 -107 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 107 \R0I 1940 EST CMD.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 123 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 107 \R0I 1940 EST CMD.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 124 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit T" S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 107 \ROI 1940 EST CMD.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 125 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -107 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the south of Taft Hwy /SR119 and west of SR 99 and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 107 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 107 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 3 -107 An area located in Section 1, Township 31, Range 27 M.D.B. & M., more particularly described as follows: S P R 16 -0252 9804 Compagnoni St. Bakersfield California Containing: 1.77 Acres, more or less. i *AV :ii:1111r_1 m I'llulm EXHOIT'OB"' I 11/15117 CC A GENDA PA CKET PC, 125 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/15117 CC AGENDA +►a ' L MAINTENANCE DISTRICT AREA 3 -107 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 184 - 160- 50 -00 -3 Total Date: MAINTENANCE DISTRICT AREA 3 -107 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 MD 3 -107 EXHIBIT F Nira Properties, LLC Nirmal Gill, Agent 9700 Rosedale Highway Bakersfield, CA 93312 September 29, 2017 City of Bakersfield — Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 RE: Inclusion of Site Plan Review 16-0252 in a Consolidated Maintenance District (CMD) Dear Mr. Padilla: We, the undersigned, as owners of the property included within Site Plan Review 16 -0252 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code Section 53753 ( "applicable law "), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of the assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20_ _ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to fiuther notice of that hearing. Respectfully, cmm'.., q -3 o r` -- Nirmal Gill, Manager Nira Properties, LLC RESOLUTION OF INTENTION NO. 1941 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -172 (740 MONTICELLO AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -172 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 172 \R0I 1941 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 134 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 172 \R0I 1941 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 135 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 172 \ROI 1941 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 136 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -172 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 740 Monticello Avenue and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 172 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 137 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 172 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 1 LEGAL DESCRIPTION Area 4 -172 An area located in Section 33, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 17 -0045 740 Monticello Ave Bakersfield California Containing: 5 Acres, more or less. i *AV :ii:1111r_1 i I I'llulm EXHOIT'OB"' I 11115117 CC AGENDA PACKET PC, 141i CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,a ZTPG 141 MAINTENANCE DISTRICT AREA 4 -172 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 019 - 250- 01 -01 -1 Total Date: MAINTENANCE DISTRICT AREA 4 -172 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 Las Industries, LLC 4550 Buck Owens Blvd. Bakersfield, CA 93308 (661) 663-7000 Inclusion of a Subdivision into the Consolidated Maintenance District September 1, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 L1=-1T1TA;W- =*- RE: Inclusion of Parcel Gorrill's Addition Lot 8– in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel Gorrill's Addition Lot 8— hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ _871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, Daniel I. George Principal RESOLUTION OF INTENTION NO. 1942 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -173 (614 E. 9t" STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -173 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST\Formation Documents \Area 4 \MD 4- 173 \ROI 1942 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 145 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \Area 4 \MD 4- 173 \ROI 1942 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 146 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Format ion Documents \Area 4 \MD 4- 173 \ROI 1942 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 147 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -173 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 614 E. 91h Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 173 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 173 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 1 LEGAL DESCRIPTION Area 4 -173 An area located in Section 32, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 17 -0137 614 E. 9th St. Bakersfield California Containing: 0.2 Acres, more or less. i *AV :ii:1111r_1 I'llulm NOT TO SCALE Fliv, r_-,Iwl IWIWJ�l EXHOIT wB"' I 11115117 CC AGENDA PACKET PC, 151 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,a ZTPG MAINTENANCE DISTRICT AREA 4 -173 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 139 - 112- 09 -00 -4 Total Date: MAINTENANCE DISTRICT AREA 4 -173 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 Inclusion of a Subdivision into the Consolidated Maintenance District (10117117) City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of (choose one of the following) TFast Map - Parcel Map - Pareel Map WaIV9F No. SPR # 17-0137 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) Trast Map - PaFeel Map - PaFGel Map MiVeF -_we. SPR # 17-0137 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 933-01. We hereby waive our right to further notice of that hearing. Respectfully, (Ramon Martinez) (Maria Trinidad Martinez) (Owner) (Owner) I e 4 1- 0 " ce- IVID 4-173 EXHIBIT F RESOLUTION OF INTENTION NO. 1943 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -174 (501 CHESTER AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -174 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 174 \ROI 1943 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 156 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 174 \ROI 1943 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 157 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 174 \ROI 1943 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 1 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -173 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 501 Chester Avenue and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 174 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 174 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15117 CC A GENDA PA CKET PG 16 0 LEGAL DESCRIPTION Area 4 -174 An area located in Section 31, Township 29, Range 28 M.D.B. & M., more particularly described as follows: 501 Chester Ave. Bakersfield California Containing: 0.19 Acres, more or less. i *AV :ii:1111r_1 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4--174)TOTHE CONSOLIDATED MAINTB C BAKERSFIELD, CALIFORNIA "llulm NOT TO SCALE 'WIN1111,4111,01 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,aZTPG 163 MAINTENANCE DISTRICT AREA 4 -174 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 009 - 292- 10 -00 -1 Total Date: MAINTENANCE DISTRICT AREA 4 -174 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 Inclusion of a Subdivision Into the Consolidated Maintenance District Bakersfield Laundry Acq., LLC 12020 Garfield Avenue South Gate, CA 90280 September 29, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: inclusion of #Ui SPA 16-M8 In a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within TmO Map-- Pares! PR# 16 -0488 hereby request that the property be included within the CMD. -This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ( "applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. 3 • •p. • N4maging Member Bakersfield Laundry • RESOLUTION OF INTENTION NO. 1944 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -175 (2900 BUCK OWENS BOULEVARD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -175 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 175 \R0I 1944 EST.docx Page 1 of 3 11/15117 CC A GENDA PA CKET PG 167 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 175 \R0I 1944 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 175 \ROI 1944 EST.docx Page 3 of 3 11/15117 CC A GENDA PA CKET PG 16 9 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -175 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2900 Buck Owens Boulevard and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 175 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15117 CC A GENDA PA CKET PG 17 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 175 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15117 CC A GENDA PA CKET PG 171 LEGAL DESCRIPTION Area 4 -175 An area located in Section 23, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 17 -0101 2900 Buck Owens Blvd. Bakersfield California Containing: 5.81 Acres, more or less. i *AV :ii:1111r_1 I'llulm EXHOIT'OB"' I 11/15117 CC A GENDA PA CKET PG 17-3 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/15117 CC A ;a Aa ZTPG 174 MAINTENANCE DISTRICT AREA 4 -175 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 332 - 100- 12 -00 -4 Total Date: MAINTENANCE DISTRICT AREA 4 -175 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 i 4-175 EXHIBIT F IN s SYSITM Inclusion of a Subdivision into the Consolidated Maintenance District September 29, 2017 City of Bakersfield — Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of SPR No. 17 -0101 located at 2900 Huck Owens Blvd. (APN's: 332 - 100-12 and 54. & 332 - 580 -31) also known as Lot 1 of Parcel Mereer No. 17 -0063 per Certificate of Merger No. 217070432.O.R.. in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within SPR No. 17 -0101 located at 2900 Buck Owens Blvd. (APN's: 332- 100-12 and 54. & 332 - 580 -31) also known as Lot 1 of Parcel Merger No. 17 -0063 per Certificate of Merger No. 217070432.O.R.. hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $871.00 as required by the City of cover the costs of this inclusion into the CMD. if requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ( "applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of the hearing. Respectfully, Kern Health Systems /���� Dou g s Hayward Chief Executive Officer 9700 Stockdale Highway, Bakersfield, CA 93311 -3617 (661) 664 -5000 • Fax (661) 664 -5151 www.kernhealthsystems.com Home of Kern Family Health Care IF RESOLUTION OF INTENTION NO. 1945 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -87 (211 S. HAYES STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -87 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5- 87 \ROI 1945 EST.docx Page 1 of 3 11/15117 CC A GENDA PA CKET PG 17 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5- 87 \ROI 1945 EST.docx Page 2 of 3 11/15117 CC A GENDA PA CKET PG 17 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 5 \MD 5- 87 \ROI 1945 EST.docx Page 3 of 3 11/15/17 CCAGENDA PACKETPG 1 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -87 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 211 S. Hayes Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5 -87 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CCAGENDA PACKETPG 181 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST\ Format ion Documents \Area 5 \MD 5 -87 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15/17 CC AGENDA PACKET PG 1 LEGAL DESCRIPTION Area 5 -87 An area located in Section 5, Township 30, Range 28 M.D.B. & M., more particularly described as follows: S P R 17 -0173 211 S. Hayes St. Bakersfield California Containing: 0.32 Acres, more or less. i *AV :ii:1111r_1 -DERRE I'llulm NOT TO SCALE EXHOIT'B" I 11 /15117 CC A GENDA PA CKET PC, 184 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA +► a +► 185 MAINTENANCE DISTRICT AREA 5 -87 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 168 - 152- 03 -00 -0 Total Date: MAINTENANCE DISTRICT AREA 5 -87 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Site Plan Review No. 17-0173 (211 South Hayes Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Site Plan Review No. 17-0173 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully Nelson Lui Senior Engineer California Water Service RESOLUTION OF INTENTION NO. 1946 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -88 (647 CASA LOMA DRIVE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -88 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5- 88 \ROI 1936 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 1 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5- 88 \ROI 1936 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 5 \MD 5- 88 \ROI 1936 EST.docx Page 3 of 3 11/15117 CC A GENDA PA CKET PG 191 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -88 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 647 Casa Loma Drive and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Formation Documents \Area 5 \MD 5 -88 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15117 CC A GENDA PA CKET PG 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST\ Format ion Documents \Area 5 \MD 5 -88 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/15117 CC A GENDA PA CKET PG 1 LEGAL DESCRIPTION Area 5 -88 An area located in Section 8, Township 30, Range 28 M.D.B. & M., more particularly described as follows: S P R 17 -0182 647 Casa Loma Dr Bakersfield California Containing: 1.91 Acres, more or less. i *AV :ii:1111r_1 I NOT TO SCALE e---- 11/15117 CC A GENDA PA CKET PG 195 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,�ZTPG 196 MAINTENANCE DISTRICT AREA 5 -88 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 170- 070- 05 -00 -6 Total Date: MAINTENANCE DISTRICT AREA 5 -88 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Site Plan Review No. 17-0182 (647 Casa Loma Drive) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Site Plan Review No. 17-0182 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, Nelson dui Senior Engineer California Water Service RESOLUTION OF INTENTION NO. 1947 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -89 (2009 HARRY E. YARNELL COURT) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -89 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 89 \R0I 1936 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 200 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 89 \R0I 1936 EST.docx Page 2 of 3 11/15117 CC AGENDA PACKET PG 201 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 89 \R0I 1936 EST.docx Page 3 of 3 11/15117 CC AGENDA PACKET PG 202 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -89 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2009 Harry E. Yarnell Court and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -89 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -89 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 EXHOIT'OB"' I 11/15117 CC A GENDA PA CKET PG 2 05 EXHOIT'OB"' I 11115117 CC AGENDA PACKET PC, 2Ub CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,a ZTPG MAINTENANCE DISTRICT AREA 5 -89 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 372 - 291- 28 -00 -6 Total Date: MAINTENANCE DISTRICT AREA 5 -89 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Site Plan Review No. 17-0176 (2009 Harry E. Yarnell Court) in a Consolidated, Maintenance District (CMD) We, the undersigned, at owners of the property included within Site Plan Review No. 17-0175 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters, set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully,or 494— Nelson Lui. Senior Engineer California Water Service A 11/15117 CC A GENDA PA CKET PG 21 # RESOLUTION OF INTENTION NO. 1948 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -90 (5717 GWENDOLYN STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -90 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 90 \R0I 1936 EST.docx Page 1 of 3 11/15117 CC AGENDA PACKET PG 211 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 90 \R0I 1936 EST.docx Page 2 of 3 11/15117 CC AGENDA PACKET PG 212 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 90 \R0I 1936 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 213 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -90 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 5717 Gwendolyn Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -90 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -90 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 5 -90 An area located in Section 24, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPR 17 -0181 5717 Gwendolyn St Bakersfield California Containing: 0.18 Acres, more or less. i *AV :ii:1111r_1 I'llulm NOT TO SCALE R:VIFvV-fd"-.)— N -EMBIT'S" I 15117 CC AGENDA PACKET PG 217 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA +► a 216 MAINTENANCE DISTRICT AREA 5 -90 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 372 - 312- 01 -00 -9 Total Date: MAINTENANCE DISTRICT AREA 5 -90 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 11 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Site Plan Review No. 17-0181 (5717 .Gwendolyn Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Site Plan Review No. 17-0181 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have I a hearing within the time parameters set forth in the applicable law. We further understand * that the hearing is scheduled for -1 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully Nelson Lui Senior Engineer California Water Service RESOLUTION OF INTENTION NO. 1949 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -91 (324 MADISON STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -91 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 91 \R0I 1949 EST.docx Page 1 of 3 11/15117 CC AGENDA PACKET PG 222 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 91 \R0I 1949 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 223 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 91 \R0I 1949 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 224 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -91 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 324 Madison Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -91 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -91 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 5 -91 An area located in Section 5, Township 30, Range 28 M.D.B. & M., more particularly described as follows: S P R 17 -0183 324 Madison St Bakersfield California Containing: 0.18 Acres, more or less. i *AV :ii:1111r_1 i� I'llulm EXHIBIT'S" I 11115117 CC AGENDA PACKET PC, 22a CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/15117 CC A GENDA +► a +► � MAINTENANCE DISTRICT AREA 5 -91 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 169 - 041- 09 -00 -6 Total Date: MAINTENANCE DISTRICT AREA 5 -91 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla .1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Site Plan Review No. 17-0183 (324 Madison Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Site Plan Review No. 17-0183 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfull Nelson dui Senior Engineer California Water Service RESOLUTION OF INTENTION NO. 1950 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5 -92 (4820 EVE STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5 -92 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 92 \R0I 1950 EST.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 233 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 92 \R0I 1950 EST.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 234 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS \MAINDIST\Fonnation Docuinents\Area 5\1\4D 5- 92 \R0I 1950 EST.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 235 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -92 Fiscal Year 2017 -2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the northeast corner of Eve Street and Pacheco Road and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -92 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2017 -2018 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5 -92 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 5 -92 An area located in Section 18, Township 30, Range 28 M.D.B. & M., more particularly described as follows: SPR 17 -0186 4820 Eve St Bakersfield California Containing: 0.24 Acres, more or less. i *AV :ii:1111r_1 I'llulm NOT TO SCALE PA(z HE @ RE EXHOIT'B" I 11115117 22 AGENDA PACKET PC, 2-55 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11115117 CC AGENDA P,a ZTPG 24# MAINTENANCE DISTRICT AREA 5 -92 Said assessment is made in accordance with the benefit formula attached hereto. 2017 -2018 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 171- 030- 20 -00 -4 Total Date: MAINTENANCE DISTRICT AREA 5 -92 ASSESSMENT ROLL FISCAL YEAR 2017 -2018 Total amount to be collected for FY (2017 -2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 September 5, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of Zoning Modification No. 17-0186 (4820 Eve Street) in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Zoning Modification No. 17-0186 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2017 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, Nelson Lui Senior Engineer California Water Service ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/27/2017 iTiff-11 1.1 SUBJECT: Taft Highway— Farmers Canal Bridge District: 1. Resolution of Intention No. 1952 to establish the Taft Highway — Farmers Canal Bridge District and preliminarily approving the boundaries of the area, the construction costs, and fee schedule. 2. First reading of ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Tract Map Improvements. STAFF RECOMMENDATION: Staff recommends approval of the resolution of intention and first reading of the ordinance amendment. BACKGROUND: Section 66484 of the California Government Code and City Of Bakersfield Municipal Code Section 16.32.060 authorize the use of bridge and major thoroughfare districts for the funding and construction of improvements that are identified in the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan. The formation of a bridge and major thoroughfare district provides an equitable financing mechanism by which new development within an identified area will share the costs of the planned facilities. The payment of fees shall not be required unless the bridge and major thoroughfare is in addition to or a reconstruction of any existing bridge or thoroughfare serving the area at the time of district adoption. If owners of more than one-half of the area of property to be benefited by the improvement(s) file proper written protests, the district proceedings as proposed shall be abandoned for at least one year. Resolution No. 50-12 approved a planned development review (PDR) for a 252,497 square foot self-storage facility on 18.15 acres in a regional commercial/planned commercial zone district located at 5351 Taft Highway (PDR No. 12-0356). The PDR requires Derrel's Mini Storage (Developer) as a condition of approval, to widen the Farmers Canal crossing on Taft Highway. This resolution of Intention declares the City's intention to establish the Taft Highway— Farmers Canal Bridge District and sets the hearing date for December 13, 2017. Notices containing information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment have been mailed to property owners within the proposed district boundaries. Pursuant to California Government Code Section 6061, the notice was also published in The Bakersfield Californian. The ordinance amendment adds the Taft Highway — Farmers Canal Bridge District to subsection (F)(1) of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. ATTACHMENTS: Description D Ro t4-,1952 eta. �b�li'slWiiirigtI�ie'l'�..ifth....�wy FairirneirsCair4� Biddge DiIstidct D RGl #1952 EkN N t /k D FAG; #1952 EkNNt IB D FAG; #1952 EkN N t C D FAG; #1952 EkNNt 1'.) D Arneinded Ordinance Sectbin,16 32 060 Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Ordinance RESOLUTION OF INTENTION NO. 1952 A RESOLUTION DECLARING INTENTION TO ESTABLISH THE TAFT HIGHWAY - FARMERS CANAL BRIDGE DISTRICT AND PRELIMINARILY APPROVING THE BOUNDARIES OF THE AREA, CONSTRUCTION COSTS, AND FEE SCHEDULE. (WARD 6) WHEREAS, Chapter 16.32.060.F of Title 16 of the Bakersfield Municipal Code and Section 66484 of the California Government Code, provides for a procedure by which the City Council may assess and collect fees for the purpose of defraying the cost of constructing bridges or major thoroughfares identified in the transportation circulation element of the Metropolitan Bakersfield General Plan, and; WHEREAS, General Plan Amendment 12 -0355 amended the land use designation and zone district of the Metropolitan Bakersfield General Plan for approximately 14.14 acres located on the south side of Taft Highway, approximately '/4 mile west of Stine Road. GPA 12 -0355 was adopted on December 20, 2012 per Planning Commission Resolution 50 -12, and; WHEREAS, the developer, as a condition of approval for General Plan Amendment 12 -0355, is required to widen the Farmers Canal at Taft Highway, and; WHEREAS the City of Bakersfield desires to aid the developer in the formation of the Taft Highway - Farmers Canal Bridge District to fund the required bridge widening, and; WHEREAS, the City has notified all affected property owners and is proposing the formation of the Taft Highway - Farmers Canal Bridge District to reimburse the cost of the improvements upon subdivision or development of property within the Area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby preliminarily approves the estimate, attached hereto as Exhibit A, the fee schedule attached hereto as Exhibit B, the limits of improvements as shown on Exhibit C and the boundary of the area benefited by the construction as described on the map attached hereto as Exhibit D, for the Taft Highway - Farmers Canal Bridge District. Subdivision or development of property within such Area will require payment of fees per the attached schedule. S: \PROJECTS \Bridge District \Taft Hwy - Farmer's Canal \ROI 1952 esf.docx Page 1 of 3 11/15/17 CC AGENDA PACKET PG 246 3. The City Council hereby fixes Wednesday, December 13, 2017 at 5:15 PM, or as soon as thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: • Cost Estimate - Exhibit A • Fee Schedule - Exhibit B • Limits of Improvements - Exhibit C • Benefit Area - Exhibit D ---- - - - - -- 00000---- - - - - -- S: \PROJECTS \Bridge District \Taft Hwy - Farmer's Canal \ROI 1952 esf.docx Page 2 of 3 11/15/17 CC AGENDA PACKET PG 247 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" S: \PROJECTS \Bridge District \Taft Hwy - Farmer's Canal \ROI 1952 esf.docx Page 3 of 3 11/15/17 CC AGENDA PACKET PG 248 FARMERS CANAL CROSSING EXPANSION BRIDGE & THOROUGHFARE DISTRICT Item No. Item Description Canal Expansion Improvements 1. Double 64" RGJ-RCP extension 2. Misc Structural Conc.(ie Headwalls, etc) 3. Demolition & disposal of existing headwalls 4. Rip Rap 5. 6' Chain Link Fence 6. 14' Opening Chainlink Gate Kern Delta Fees 7. Seepage Fee 8. Engineering & Legal Review Fees 9. Engineering & Legal Review Fees 20 % Contingency: TOTAL W Mo I 1 -.11 W.11 C 33 2 p.6 0 8 OF CA. 242,558 MCINTOSH & ASSOCIATES, Civil Engineers & Land Surveyors, 2001 Wheelan Court, Bakersfeld, California 93309 FARMERS CANAL CROSSING EST Page 1 of 1 11115117 CC AGENDA PACKET PG 249 Date: 8/1612017 Job No: 17-021 Prepared By: rrj Qty Unit Unit $ Item $ 112 If 700.00 78,400 14.25 cy 2500.00 35,625 15 tons 500-00 7,500 10 cy 125.00 1,250 94 If 76.00 7,050 4 Pair 3600.00 14,400 Sub-Total 144,225 56 If 132.27 7,407 1 Is 50000-00 50,000 1 Is 500.00 500 Sub-Total 57,907 Total 202,132 40,426 C 33 2 p.6 0 8 OF CA. 242,558 MCINTOSH & ASSOCIATES, Civil Engineers & Land Surveyors, 2001 Wheelan Court, Bakersfeld, California 93309 FARMERS CANAL CROSSING EST Page 1 of 1 11115117 CC AGENDA PACKET PG 249 EXHIBIT B Taft Highway — Farmers Canal Bridge District Fee Schedule PROJECT COST PER ENGINEER'S ESTIMATE ............................... ............................... BRIDGE DISTRICT AREA ................................................................. ............................... PROJECT COST PER ACRE ($242,558 - 542. 85) ......................... ............................... YEAR FEE 2017 $ 446.82 2018 $ 446.82 2019 $ 460.22 2020 $ 474.03 2021 $ 488.25 2022 $ 502.90 2023 $ 517.99 2024 $ 533.53 2025 $ 549.53 2026 $ 566.02 2027 $ 583.00 2028 $ 600.49 2029 $ 618.50 2030 $ 637.06 2031 $ 656.17 2032 $ 675.86 .......................... $242,558.00 .......................542.85 ACRES ...................... $446.82/ACRE Notes: 1. The fee shall apply to all properties within the Bridge District boundaries, regardless of zoning. 2. The fee for calendar years 2017 and 2018 is $446.82/Acre. 3. Starting January 1, 2019, fee will be based upon an inflation factor of 3% annually. 4. The Fees are based and charged per the Net Acreage of each parcel as of September 26, 2017. 11/15/17 CC AGENDA PACKET PG 250 EXHIBIT "C" / NEW 6 CHAIN LINK NCE E. ,,,E NEW 14 CHAIN LINK GATE c ND EX, CONC. HEADWALL Z F / 1 r r' xc r r / Df HIGH111IAY ia; ,J J "1 ;/,, E� ND M/. R VE EX. CONC. HEADWALL olk- gg/ C !!ill, r. CHAIN LINK GATE r „SEW HEADWALL SCALE: 1 " = 40' MCINTOSH FARMERS CANAL CROSSING EXPANSION PROJECT DATE: 6 //2017 ��QQ/'��^ MAJOR BRIDGE AND THOROUGHFARE DISTRICT FILE NO. 17021EM01 I/4�.5 Iii DONE BY: CRogers L11os�R�r��a II�E111-11N °9 ( TAFT HIGHWAY SHEET 1 of 1 2001 WNEELAN CT. BAKERSFIELD, CA 93309 (661) 834 -4814 \ \MABK12R2FS01 \PROJP \PROJECTS\ 17021. 00 — DERRELS \X —PROJ \DWG \EXHIBITS \17021EM01 — CANAL XING EXPANSION.DWG 11/15/17 CC AGENDA PACKET PG 251 G D no G) coD D � m N Cii (n z rn n d D D z �o D m F- 0 G) m M n m z m T 0 19, 1-opol ORDINANCE NO. ORDINANCE AMENDING SECTION 16.32.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TRACT MAP IMPROVEMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.32.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.32.060 Tract map improvements —In subdivisions for which final tract map is required. A. Improvements required in a subdivision for which a final tract map is required shall be installed to permanent line and grade and to the satisfaction of the city engineer in accordance with the requirements of the advisory agency, in accordance with standard specifications of the city on file in the office of city engineer and in accordance with all applicable provisions of Chapter 16.28. B. The minimum improvements which the subdivider makes or agrees to make prior to acceptance and approval of the final tract map by the city council shall be: 1. Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways, alleys and ways and to the public safety; 2. Installation and surfacing of streets, highways, alleys and ways; 3. Sidewalks, except where sidewalks are premature in relation to the public needs of the present and immediate future; 4. Sanitary sewer facilities and connections for each lot, except as such requirement may be waived by the city engineer and building director in accordance with policies established by them therefor. Dry sewer lines shall be installed wherever out fall sewer lines are not available unless the city engineer, with the approval of the State Regional Water Quality Control Board, determines an exception to such requirement to be appropriate; -- Page 1 of 8 Pages -- 5. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate domestic water supply for each lot of the subdivision and to provide adequate fire protection to meet local neighborhood needs; 6. Services from public utilities, including cable television, and services from sanitary sewers shall be made available for each lot, and in such manner as will obviate the necessity for disturbing the street pavement, gutter, culvert and curb, when service connections are made; provided, however, as to cable television service, that the requirement for installation of such service to any industrial tract may be waived if, based upon a waiver requested by a subdivider supported with proof of satisfaction of the following conditions, the advisory agency finds that the omission of such requirement will not create a break in cable television service (to properties in the vicinity of the tract map) or, even if such omission would result in a break in cable television service, the closest available connection to existing cable television facilities is more than five hundred feet from the closest point in the tract map to the point of such connection (measured along existing or proposed utility easements); 7. Street name signs; 8. a. A chain -link fence six feet in height, as specified in city of Bakersfield Subdivision and Engineering Design Manual Standard S -10, or an equivalent barrier as determined by the advisory agency between any subdivision and the right -of -way line of any irrigation canal within or adjacent to the subdivision, b. A chain -link fence six feet in height, as specified in city of Bakersfield Subdivision and Engineering Design Manual Standard S -10, or equivalent barrier as determined by the advisory agency between any subdivision and any concrete lined canal or open conduit waterway, within one - quarter mile of the subdivision, C. At the discretion of the advisory agency, a chain -link fence six feet in height, as specified in city of Bakersfield Subdivision and Engineering Design Manual Standard S -10, or equivalent as determined by the advisory agency between any subdivision and any unlined canal within one - quarter mile of the subdivision, d. Based upon a waiver request and supporting evidence submitted by the subdivider as part of the subdivision application, canal fencing requirements may be waived, conditionally waived, modified or conditionally modified by the advisory agency. Evidence submitted with the request for waiver should identify circumstances or characteristics such as canal lining and built -in safety features, water depth, water velocity, existing fencing or barriers, -- Page 2 of 8 Pages -- 11 K 11,11, ;, topography, intervening land uses, improvements, agricultural operations, future land uses or project timing that mitigate the need for canal fencing, e. Subject to approval by the planning director, temporary fencing may be used in lieu of permanent fencing to address changing circumstances when it can be demonstrated by the subdivider that the intent of the canal fencing requirement will be satisfied; 9. Street lighting; 10. Final soil report shall have been completed and approved by the building director and city engineer prior to the beginning of construction of any buildings or structures; 11. All utility distribution facilities, including cable television, shall be placed underground, except that pre- existing utility distribution facilities on the periphery of the subdivision and located on an arterial or collector street may remain above ground. Where applicable, installation of underground utility distribution facilities shall be in ac- cordance with the rules and regulations of the Public Utilities Commission of the state; 12. All subdividers are required to furnish fire hydrants, hydrant buries and necessary bury extensions and all necessary bolts and gaskets, which shall be purchased from the city; 13. Walls, fences and landscaping as required by ordinance, city standard or the advisory agency, to be maintained by a maintenance district or by an association of property owners pursuant to a declaration of covenants approved by the city engineer. Exceptions to the above - stated minimum requirements may be allowed in tracts having private streets with the approval of the advisory agency at the time of approval of the tentative map. C. Supplemental Improvements— Reimbursement Agreements. 1. The subdivider of a subdivision for which a final tract map or final parcel map is required may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a tentative subdivision map and thereafter to dedicate such improvements to the public. 2. In the event such supplemental improvements are required by the advisory agency as authorized in this subsection, the city shall enter into an -- Page 3 of 8 Pages -- 11 K 11,11, ;, agreement with the subdivider to reimburse the subdivider, upon collection of moneys from owners of other property benefited thereby and within a specified time period, for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. 3. In order to pay the costs as required by the reimbursement agreement, the city may: a. Collect from other persons, improvements for the benefit of real reasonable charge for such use; including public agencies, using such property not within the subdivision, a b. Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse the city for such cost together with interest thereon, if any, paid to the subdivider; C. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited. D. Drainage Facilities— Payment of Fees Required. Prior to filing any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from the following local and neighborhood drainage areas pursuant to drainage plans adopted by the council therefor in accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California Government Code Section 66483 et seq.: Pioneer planned drainage area; 2. Fairview planned drainage area; 3. Breckenridge planned drainage area; 4. Shalimar planned drainage area; 5. Orangewood planned drainage area; 6. Tevis Ranch planned drainage area; 7. Brimhall planned drainage area; 8. Golden Valley planned drainage area. -- Page 4 of 8 Pages -- Notwithstanding the foregoing, payment of fees for planned drainage area facilities may be postponed if the planning commission finds, based on all evidence presented, that payment of the fees is premature to ultimate development of the property in question. Such postponement may occur until further subdivision of the property. E. Sewer Facilities— Payment of Fees Required. Prior to approval of any development entitlement including, but not limited to, any general plan land use designation amendment, rezoning, the filing of any final map or parcel map, the granting of a conditional use permit, or after the cancellation of a Williamson Act contract within an assessment district, the subdivider /property owner shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas pursuant to sanitary sewer plans adopted by the council, or connection to sanitary sewer facilities therefor in accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California Government Code Section 66483 et seq. In cases where a subdivider /property owner pays greater than its proportionate cost of sewer construction, reimbursement may occur through a reimbursement agreement or, where an assessment district has been formed, credit against assessments previously paid. The following sanitary sewer areas presently exist: 1. Pierce Road -Oak Street planned sanitary sewer area; 2. Allen Road planned sewer area; 3. Brimhall Road planned sewer area; 4. Mohawk planned sewer area; 5. McDonald planned sewer area (existing residential infill sewer area); 6. McAllister Ranch planned sewer area; 7. Verdugo Lane planned sewer area; 8. Allen Road II planned sewer area; 9. Panama and Union planned sewer area; 10. Curnow planned sewer area; 11. Hooper Avenue and Kimberly Avenue planned sewer area. -- Page 5 of 8 Pages -- F. Bridge Crossings and Major Thoroughfares. 1. Prior to filing any final tract or parcel map or issuance of a building permit, fees may be assessed and collected pursuant to Section 66484 of the California Government Code for the purpose of defraying the actual or estimated costs of constructing the following bridge crossings or major thoroughfares identified in the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan: area; a. Ashe Road planned bridge and major thoroughfare area; b. Hageman Road planned major thoroughfare area; C. Miramonte Drive —Chase Avenue planned major thoroughfare d. Panama —Buena Vista Bridge and major thoroughfare area; e. Morning Drive — College Avenue planned bridge and major thoroughfare area; f. West Beltway planned major thoroughfare area; g. West Ming —Kern River Canal Bridge District-.1 h® Taft ig av -F=a=r is gain i Bnd e i to tm 2. In order for such fees to be assessed and collected, the following requirements must be met: a. The bridge or thoroughfares for which costs are to be assessed are identified in the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan. The primary purpose of the major thoroughfares is to carry through traffic and provide a network connecting to the state highway system. b. A public hearing pursuant to Government Code Section 66484(a) (2) and (3) shall be held by the council for each area benefited, and the boundaries of each such area, costs, and method of fee apportionment shall be set forth in a resolution to be adopted by the council. C. Payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. -- Page 6 of 8 Pages -- 11 K 11,11, ;, d. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. The fees shall not be expanded to reimburse the cost of existing bridge facility construction. e. The city clerk shall receive written protests and endorse on each protest the date and time it was filed. No protest received after the time fixed for the public hearing shall be timely; ii. If a written protest is filed by owners of more than one -half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one -half of that to be benefited, then the proposed proceedings shall be abandoned, and the council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section; iii. Any protests may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of a public hearing held pursuant to subsection (F) (2) (b) of this section; iv. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section prohibits the council, within that one -year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four - fifths of its members, that the owners of more than one -half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. 3. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement. -- Page 7 of 8 Pages -- SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney AH /vlg S:\COUNCIL\Ords\17-18\16.32.060.Tractmapimprovements.Docx -- Page 8 of 8 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/22/2017 iTiff-11 1.1 SUBJECT: Agreement with Mead & Hunt, Inc. (not to exceed $800,000) for on-call airport planning, engineering, and design services for federally funded capital improvement projects during calendar years 2018 through 2022. STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Staff does not have expertise or experience in airport planning, engineering and design.Therefore, the City has traditionally contracted for these services with consultants.These services are necessary for the City to continue to qualify for and obtain Federal Aviation Administration (FAA) grants from the Airport Improvement Program (AIP). Projects which will likely utilize these services include updating the Airport Layout Plan, preparing an Aeronautical Geographic Information System study and studying and designing a navigational aid for Runway 16. As such, staff solicited Request for Qualifications (RFQ) for these services. On July 18, 2017, the City advertised for on-call Airport Planning and Engineering Services through the City's website, as well as the Southwest Association of Airport Executives (SWAAE) website and the SWAAE periodical classified ads. On August 11, 2017, submittals were received from: • Brandley Engineering • Mead& Hunt • Tartaglia Engineering The above three firms submitted statement of qualifications (SOQ) which were reviewed for completeness by the City's consultant selection committee coordinator. All three SOQ's were determined to meet the minimum requirements. The selection committee consisted of the construction superintendent, a design project manager, and the general services superintendent. The committee reviewed all proposals based on the criteria detailed in the RFQ, which included: the firm's technical expertise; experience with similar contracts and past performance with the City of Bakersfield; resources and capability to perform within the required time frames; and, the qualifications of the project manager and key personnel. On August 28, 2017, the selection committee summarized the results of the evaluations and ranked the firms. Based upon the evaluation summary, staff recommends award of contract to Mead & Hunt as the highest rated and most qualified firm. Since specific scopes of work for future projects have not yet been determined, the compensation amount is set at a not-to-exceed total of $800,000 for a five-year term. A task order, or request for proposal, shall be issued to Mead & Hunt for each specific project. Projects will be 90% federally funded with the 10% local match requirement funded by the General Aviation Fund. Therefore, it is anticipated that $720,000 of the total agreement amount will be funded by federal funding sources, with the remaining $80,000 being funded by General Aviation Funds. There is no General Fund impact associated with this agreement. ATTACHMENTS: Description Type D C01r]Sdtaint Conirtact /kgireeirneint D ExhbUk Re(,ILiest Fair (.-�Lialli'ficati'ioiris ExhNt D EkNNt IB Not to exceed Fee Schedde ExhNt AGREEMENT NO. CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and MEAD & HUNT, INC. a Wisconsin Corporation, licensed to do business in California ( "CONSULTANT" herein). R E C I T A L S WHEREAS, CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in planning, engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors oromissions by the CONSULTANT; and WHEREAS, CONSULTANT represents it is experienced in the fields of planning and design and specifically experienced in the field of airport and aviation planning, design, and engineering; and WHEREAS, the CITY does not have expertise currently on staff to conduct airport planning, design, and engineering; and WHEREAS, CONSULTANT has reviewed the CITY's project and is satisfied that the CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Qualifications, ( "RFQ" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, CONSULTANT has submitted a Statement of Qualifications (SOQ herein) in response to the CITY's RFQ and a subsequent Not -to- exceed fee estimate Schedule, and said SOQ and schedule are incorporated herein by reference, and said Schedule is attached as Exhibit "B "; and WHEREAS, CONSULTANT represents it is competent to undertake the S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 1 projects set forth in the CITY's RFQ; and WHEREAS, CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term CONSULTANT as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on -call services is described as providing planning, engineering, and design services to the City. CONSULTANT will provide said services for federal fiscal years 2018 through 2022. For each item of work, a specific Request for Proposal (task order) will be prepared by the CITY. The CONSULTANT shall submit a cost proposal for that specific task. The scope of work shall include all items contained in the City's RFQ, dated July 18, 2017; CITY's Request for Proposal for a specific project, which is yet to be prepared; and CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal (s) and CONSULTANT's yet to be prepared Proposal(s) are incorporated herein by reference as though fully set forth. CONSULTANT's services shall include all the procedures necessary to properly complete the task CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments in the amounts outlined in CONSULTANT's Proposal(s) for specific projects; said payments shall be paid in accordance with the Not -to- exceed fee estimate schedule CONSULTANT submitted with his SOQ. In no case shall the CONSULTANT receive more than Eight Hundred Thousand Dollars ($800,000.00) in aggregate total for all work performed under this Agreement during the term of the Agreement as set forth in Section 1. For each Task Order and associated cost proposal anticipated to exceed $100,000, an Independent Fee Estimate (IFE) shall be prepared by the CITY. The IFE shall be prepared in accordance with Federal Aviation Administration Advisory CircularAC150 /5100 -14E. CONSULTANT shall provide the necessary information for the CITY to complete the IFE prior to receiving CONSULTANT's cost proposal. 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. S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 2 CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. CONSULTANT shall complete all assigned tasks set forth in the CITY's Request for Proposal for a specific project. 4. PAYMENT PROCEDURE. CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONSULTANT and CITY. is: 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Stuart Patteson, PE City of Bakersfield 4101 Truxtun Avenue Bakersfield, California 93309 Telephone: (661) 326 -3781 CONSULTANT's Project Manager shall be designated as: Robert Casagrande Mead & Hunt, Inc. 133 Aviation Boulevard, Suite 100 Santa Rosa, California 95403 Telephone: (707)526 -5010 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 3 called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately, or individually, the firm, its employees and sub - consultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), CONSULTANT stipulates that corporately, or individually, the firm, its employees and sub - consultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. 12.1 No Federal appropriated funds shall be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment of modification of any Federal grant. 12.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the CONSULTANT shall complete an submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 13. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 4 14. LICENSES. CONSULTANT shall, at CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONSULTANT to practice its profession in the State of California. CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 15. 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. 16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 17. 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. 18. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on December 31, 2022. 19. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 20. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 5 CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 CONSULTANT: Mead & Hunt, Inc. 133 Aviation Boulevard, Suite 100 Santa Rosa, California 95403 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. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 23. 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. 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. 24. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in CONSULTANT's scope of work or schedule, subject to mutual S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 6 agreement, such changes shall be considered additional services. 25. 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. 26. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT 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. 27.1 Unless Section 27.2 applies to CONSULTANT's performance of the Scope of Work, CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from 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, 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. 27.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, orwillful misconduct of CONSULTANT. In the S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 7 event the subject action alleges negligence on the part of the CONSULTANT and /or CITY, or any third parties not under contract with CONSULTANT, CONSULTANT's obligations regarding CITY's defense under this paragraph include only the reimbursement of CITY's reasonable defense costs incurred to the extent of CONSULTANT's negligence as expressly determined by a final judgement, arbitration, award, order, settlement, or other final resolution. CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to CITY or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSULTANT's subconsultants, that impact project completion and /or success. 28. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 28.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 28.2 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 28.2.1 Provide coverage for owned, non -owned and hired autos. 28.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 this Agreement. 27.3.2 operations coverage. Provide contractual liability coverage for the terms of Provide unlimited products and completed 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 8 a ,�a +►a _ ' L volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 28.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 28.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 28.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 28.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 28.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 28.9 The CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3).docx 9 28.10 Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 28.11 It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement. 28.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONSULTANT. 29. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of notification. 30. ACCOUNTING RECORDS. CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives and the Federal Aviation Administration (FAA) upon request at any time during regular business hours. 31. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, 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 the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 32. STANDARD OF CARE. CONSULTANT shall perform the services required S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 10 hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. 33. CITY - PROVIDED INFORMATION AND SERVICES. CITY shall furnish CONSULTANT available studies, reports, and other data pertinent to CONSULTANT's services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT's services under this Agreement. 34. ACCESS. CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder. 35. ESTIMATES AND PROJECTIONS. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material, unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions, time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates 36. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 37. TAX NUMBERS. CONSULTANT's Federal Tax Identification No. 39- 0793822. CONSULTANT is a corporation? Yes X No (Please check one) 38. 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. S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 11 39. 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. 40. 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 the CITY. 41. 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. 42. TITLE VI ASSURANCES - CIVIL RIGHTS ACT OF 1964 CONSULTANT CONTRACTUAL REQUIREMENTS. During the performance of this contract, CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as "CONSULTANT ") agrees as follows: 37.1 Compliance with Regulations. CONSULTANT shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 37.2 Nondiscrimination. CONSULTANT, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 37.3 Solicitations for Subcontracts including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by CONSULTANT of the CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 37.4 Information and Reports. CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by CITY or the Federal Aviation S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 12 Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of CONSULTANT is in the exclusive possession of another who rails or refuses to furnish this information, CONSULTANT shall so certify to CITY or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 37.5 Sanctions for Noncompliance. In the event of CONSULTANT's noncompliance with the nondiscrimination provisions of this contract, CITY shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: 37.5.1 Withholding of payments to CONSULTANT under the contract until the CONSULTANT complies, and /or 37.5.2 Cancellation, termination, or suspension of the contract, in whole or in part. 38. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982. SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS. CONSULTANT assures that it will comply with pertinent statutes. Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant /concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the CITY or any transferee for a purpose forwhich Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the CITY or any transferee retains ownership or possession of the property. In the case of CONSULTANT, this provision binds CONSULTANT from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 39. DISADVANTAGED BUSINESS ENTERPRISES. 39.1 Contract Assurance (§26.13). CONSULTANT or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 13 39.2 Prompt Payments (§26.29). CONSULTANT agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Thirty (30) days from the receipt of each payment CONSULTANT receives from the CITY. CONSULTANT agrees further to return retainage payments to each subcontractor within Thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. This clause applies to both DBE and non - DBE subcontractors. 40. RIGHTS TO INVENTIONS. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and CITY of the Federal grant under which this contract is executed. 41. TRADE RESTRICTION CLAUSE. 41.1 CONSULTANT or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: 41.1.1 is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 41.1.2 Has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list; 41.1.3 Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 41.2 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to CONSULTANT or subcontractor who is unable to certify to the above. If CONSULTANT knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through CITY cancellation of the contract at no cost to the Government. 41.3 Further, CONSULTANT agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. CONSULTANT may rely on the certification of a prospective subcontractor unless S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 14 it has knowledge that the certification is erroneous. 41.4 CONSULTANT shall provide immediate written notice to CITY if CONSULTANT learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. CONSULTANT agrees to provide written notice to CONSULTANT if at any time it learns that its certification was erroneous by reason of changed circumstances. 41.5 This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that CONSULTANT or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through CITY cancellation of the contract or subcontract for default at no cost to the Government. 41.6 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of CONSULTANT is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 41.7 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 42. TERMINATION OF CONTRACT. 42.1 CITY may, by written notice, terminate this contract in whole or in part at any time, either for CITY's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to CITY. 42.2 If the termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 42.3 If the termination is due to failure to fulfill CONSULTANT's obligations, CITY may take over the work and prosecute the same to completion by contract or otherwise. In such case, CONSULTANT shall be liable to CITY for any additional cost occasioned to CITY thereby. 42.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that CONSULTANT had not so failed, the termination S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 15 shall be deemed to have been effected for the convenience of CITY. In such event, adjustment in the contract price shall be made as provided in paragraph 39.2 of this clause. 42.5 The rights and remedies of CITY provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 43. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. The CONSULTANT certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will included this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where CONSULTANT or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation /proposal. 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 " CONSULTANT" MEAD & HUNT, INC. By: Type or Print Na Title: Additional signatures on next page S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 16 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" Certificates of Insurance S: \Airport \RFQ \On call Engr and Planning \2017 Selection \Airport Ping and Eng 2018 -2022 Consultant Contract (3) . docx 17 of Request for Qualifications (RFQ) On Call Airport Planning and Engineering Services for Bakersfield. Municipal Airport for the.City of Bakersfield trFO Fiscal Years 2017 through 2021 Bakersfield, California July 18, 2017 1. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS The City of Bakersfield (City) desires to enter into an agreement with one or more. qualified airport consulting firms.which are able to provide the City with planning and engineering /design services on an "on Gall "basis. The term of agreement shall be for a three (3) year period with two (2) one year options to extend. The intent of retaining a firm or firms is to assist the City in the performance of completing various planning, Engineering /Design, Environmental and miscellaneous projects in support of the City's general aviation1acility — Bakersfield Municipal Airpart. Projects will be funded by a combination of FAA grants and local funds. For the purpose of this RFQ, the term "Consultant" and "Firm" are interchangeable and refer to the qualified firm (s) hired to provide the services. The Consultant`sha11 execute his work in a timely manner and in accordance with a schedule approved by the City. Failure to respond by completing scheduled work in a timely manner may result in termination of the .agreement, 2. SELECTION OF CONSULTANTS The consultant shall have qualified professional staff and the necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFQ. Firms submitting a Statement of Qualifications (SQQ) for this project must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing airport planning and engineering services as described in Sections 1 :and 3 of this RFQ, The City will award a contract to one or more firms after reviewing all the Statements of QuAlificatioC s (SOQ) submitted by interested firms. A detailed cost proposal is not being requested. Cost is not a factor in the evaluation of proposals submitted in response to this RFQ. The most highly qualified firm submitting a responsive proposal will be selected and services and:fees will be negotiated with the selected firm independent of this RFQ, The submit #afs will be reviewed and ranked by the City using the following selection criteria: A. The firm's ability to respond in timely manner; such as, submittal of a project 8;WirporflRM0n call Engr and PlanninM2017 5electioMRM - Airport Planning and Eng 2017 -21 - Hnal,docx proposal. for a specific project; availability of the firm to start work on a specific project; and the time needed to complete the project. B. The firm's experience and past performance on comparable projects for the City .and other governmental agencies. C. The firm's resources and its capability to perform the required services Within the. required time frames. This includes the location of the firm's office and the ability to attend meetings in a timely manner D. Personnel's qualifications and experience that the firm anticipates assigning to City projects. E. The firm's ability to understand the project requirements as. it may be revealed in their pro posed. method and procedure of study,. goals and objectives, and their approach to the project. F. The firm's ability to design a project to provide maximum useful life of the improvements. G. Related experience of the firm, For state -wide or international firms; the City will consider only that experience performed by the branch office where the work will be performed. H. Comments received from the City's reference. checks. 1. The firm's submittal and subjective statements.. J. The 'information contained in the firm's SOQ submitted in response to the request. The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth in the.RFQ. Consultants responding to. this RFQ must include in their submittal package the following items: ■ One signed copy of the draft agreement (see Section 8 of the RFQ), ■ Four (4) copies of the firm's SOQ (refer to Section 3 of this RFQ), including the "General information Sheet" (Exhibit .'A" of this RFQ) signed by a company official and a statement of insurance. coverage signed by a company official. The submittal package must be placed into a sealed envelope bearing the name.of the firm and the. words "On Call Airport Planning and Engineering Services for Bakersfield Municipal Airport" and should be delivered to Navdip Grewal, Public Works Department, 1591 Truxtun Avenue, 21a floor Annex Bldg Bakersfield, California, :93301 -; before 5.00 p.m. on Friday. August 11, 2017. Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may. be considered non- responsive and rejected without evaluation. Submittals received after the deadline or, at the wrong location will be considered non- 8 *\Airpo.rtlRFM0n call Engr and PlanningW17 5electionWQ - Airport Planning and Eng 2011 -21 - Final.docx responsive.. Fax copies nor electronic copies will not be accepted. 3. TYPICAL SERVICES TO BE PROVIDED BY THE FIRM SCOPE OF WORK The City of Bakersfield desires to retain the professional services of a.-qualified airport consulting firm over a three -to4ve -year period to assist the City in the performance of the following projects: • Prepare necessary applications and documentation for Federal Aviation Administration (FAA) AIP Grant funding. • Prepare updated Airport Layout Plan (ALP) with Narrative and receive approval from FAA. • Prepare a development plan for the. airport based on current and future needs. ■ Obtain grant funding and prepare. construction plaits and specifications for drainage and pavement improvements. • Develop the Airport Capital. Improvement Project {AC1 P} list for the airport for FAA approval. ■ Prepare updated Airport Master Plan and receive approval from FAA. ■ Provide miscellaneous airport planning, engineering, and. consulting support services as may be required from time to time by the City. These consultant services may include representing the City in all discussions with the FAA regarding the work program, grant requirements, and project documentation. See attached Five (5) year ACIP for specific anticipated projects (Exhibit "B " ).. The.CONSULTANT'S team shall include professional staff to provide all services necessary for the completion of all tasks: including obtaining approval by the FAA and other regulatory agencies. Geotechn ical "Studies Land boundary and topographical surveying Aeronautical surveys (FAA Advisory Circulars. 1.50/5300-16A, 17C, Et Al.) • Planning and design of facilities • Civil engineering design of all site improvement components • Electrical engineering design of all site improvement components • Environmental clearance documentation The CONSULTANT'S Scope of Work will include, but not be. limited to, the following services: • Prepare environmental documents as required for environmental clearance • Designing projects as developed • Preparing construction:documents (plans, specifications and.estimates). ■ Obtaining approval of the design and of the construction documents including estimates. fro the CITY and the LOCAL, STATE AND FEDERAL REGULATORY AGENCIES. ■ Assisting the OWNER during the bidding phase by responding to bidders' Inquiries regarding the design. of the project; • Performing general consulting services during construction of this project. • Preparing.the Final Construction Report and record drawings at the conclusion of SAIRirpor6RFM0.n call Engr and Pianning12017 5electionWQ — Airport Planning and Eng 2017 =2:1 - Ffnal.docx the project. When the contracted work is accepted by the City., all completed reports; plans, drawings, documents, studies, calculations, computer files; photos, reproducible, recorded media, etc., used in the planning, research, and design of the project shall become the property of the City, including their copyrights and any inherited interests. 4. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIEL D A. The City will provide a. general description of the project site, its location and boundaries,. and bench marks for surveying. The City will assist Consultant to obtain right.of entry to properties for conducting necessary survey (s) or field inspections. B. The City will provide copies of:our records regarding available tract maps and legal documents that establish the boundaries of the project site(s) and information about adjacent improvements. The.. City will provide copies of the available plans of the existing related improvements. It is not certain that record drawings for all existing improvements are available, and the City makes no warranty that that is the case. C. The City will. provide all services required to plan, supervise, monitor and finance the. construction of the project, services. for the environmental approval of.the . project except for those services to be provided by the firm as set forth herein above. 5. STATEMENT OF QUALIFICATIONS All interested firms shall submit a Statement of Qualifications (SOO) which shall contain at a minimum the following information: A. The completed General Information Sheet, included. as Exhibit "K. Official signature is required. B. Description of your.firrim's management policy in regards to how your firm will respond in a timely manner on items such. as submittal of project.proposal; availability of your staff to start work on a project; and the time needed to complete the work. C.. Name and experience of the firm principals who will be responsible for the project. D. Name and experience of the. key personnel who will work on the project. This list shall. identify the individual who will be assigned the role of. Project Manager for the proje?ct, E.. A list of current projects, including the amount of the firm's resources allocated.to those projects and the completion date of the firm's work at that level of allocation. S:Vkirport\RF0on eall.Engr and Planning12017 5eleetibMRFQ - Airport Pianning and Erig 2017 -21 - Final.ddcx F. A list of comparable airport projects that the firm has been involved within the past fine years, with a description of the project and the client's name contact person's name and telephone number. The list should include at least four different clients, G. A statement of why you believe your firm should be:selected for this On Call engineering services Contract. H. A statement of the firm's current insurance coverage signed by a company official. If the current coverage does not meet the limits specified in the draft agreement attached to this RFQ, a statement of the firm's ability and intent to obtain the required coverage must be included. Do not submit certificate of insurance in lieu of this statement. I. A statement of the firm's approach in designing a project to provide maximum useful life of the project, Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. S. TIME SCHEDULE FOR THE PROJECT The CONSULTANT shall execute its work in a timely manner in order to complete its assignment within the specified time frame far specific projects. 7. SOLICITATION CAVEAT The proposer .understands and agrees that the City of Bakersfield. shall have no financial responsibility for any costs incurred by the proposer in responding to the Request for Qualifications and.shall not be liable for any proposer costs attributed to its own study and investigation or design of 'a specific project until the proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed, The City .of Bakersfield reserves the right to terminate this Request for Qualifications after three (3). days' notice to all prospective proposers. The submission of a proposal shall..be conclusive evidence that the consultant has investigated and. satisfied. themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield,. 8. CONTRACT DOCUMENTS A sample copy of the City's CONSULTANT CONTRACT is included as Exhibit "C" %ith this RFQ. Please. review the agreement carefully. This is the contract. the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the reg nested mod ificatiions to the City fora Pp roval at least ten (101 calendar days prior to the date that Statements of Qualifications are due, If .approved, the City will then issue the changes to all prospective consultants prior to the due date. As part.of its submittal package, an officer of'the firm must sign and return a copy of the sample agreement. The signature indicates that the firm. accepts the clauses of the contract, including the indemnity clause; as stated in the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation & A1rpor6RFQ\Gn call Engr and Planning12017 5eledioniRFQ - Airport Planning and Eng 2017 -21 - Final:docx of SOQ's. An "Acknowledgment fine" which reads as the follo►tiing will be found below the signature. line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement. "I have received and reviewed the sample CONSULTANT'S AGREEMENT including the INDEMNITY clause which was sent to me with the City's RFQ. My signature below shall. signify our firm's acceptance .of a final version of the same contract if our firm is selected for awarding a contract for the project as described in said RFQ." The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant .will be required to provide evidence of insurance coverage (Certificates of. Insurance) as specified in the. agreement. 9, ATTACHMENTS TO THIS RFQ Exhibit "A. 'I Exhibit "B" Exhibit "C" s:VkirpoitlRFQ%On call Engr and Planning12017 Seiection\RM - :Airport Plannfng and.Eng 2017 -21 - Fin. lLdocx Exhibit "A" BA M 4 General Information Sheet On Call Airport Planning.and Engineering Services for Bakersfield a Municipal Airport for the City of Bakersfield A�r�a Fiscal Years 2017 through 2021 Bakersfield, California Date: Legal Name of Firm: Type. of Organization: Individual, Partnership or Corporation For corporations, the state in which the firm is incorporated: Federal Employer I.D. Number: Street Address: Mailing Address: Telephone Number: Facsimile Number: Name of Principal -in- charge. Title Name of Contact Person and Phone Number Signature of an officer of the firm Title S:lA1rp0rtlRFMn call Engr and Plarining=17 SelectlonlExhiNt A General IrImmation Shmt.do" License Number Date Page 1 of 1 11/15/17 CC AGENDA PACKET PG 286 AWP ACIP DATA SHEET Airport Name BAKERSFIELD MUNICIPAL AIRPORT Fiscal Year 20.18 Shown On Project Pro ectDescri tsars Local ALP T �. p Federal Share Share Total P 1.) ALP Update vrith Narrative Report and AGIS Survey 270.060 "5 30,060 5 36[l,[30{F 2018 Total 5 27U,t1A0 $. 3Q,000 $ 3011,000 D - Development, P - Plannin ; E - Environmental PROVIDE THE FOLLOWING DETAILED INFORIVIATION FOR PROJECTS. ANTICIPATED WITHIN 1 -2 YEARS Detail Pro ed t Dascri ion (S Clare /Lineal Footage or l e EhlWrttth 1.) Current ALP was approved in 2008. Project will bean update of the ALP to meet current FAA Standards as well. as perform an AGIS survey to provide an obstruction study to support installation of new PAPIs on Runway 16. Project Schedule (Anticipated date for bids or negotiated.prices, consultant selection for planning pr environmental projects, length of construction or design, planning or environmental process) 1.) StartALP work in spring 2038, perform AGIS survey in sunvner2018,.complete study and documents. by October 2018 for FAA draft review. nrnen Land Title: Status Fen Simple Exh it) It A AN "A" Status 1884 -1.997 2008 Projects - __ -... Expected Close -out Date ertitication: To the best of my knowledge ands belief, all information shown ire it- se ACIP Data Sheet is trite aisd corre[ tltharized hy,f#tn,�onsar. TUARTPATTESON, PUBLIC. WORKS OPERATIONS MANAGER/ AIRPORT STUART PATTESON, PUBLIC WORKS IANAGER MANAGER 1 AIRPORT MANAGER acne and Titip of Authorized Representalive (Print or Type) Contact Name and Tille (Print or Type) 661E 3� j_ 26-3737 i nalcge Date Contact Phone {Print or Tvpe) )i V3160MRkMCVkAd1P 2018.2(1221!45 2018,2022 ACIP Pala 8lfeat Cunplieie CIS du 11/15/17 CC AGENDA PACKET PG 287 AWP ACID DATA SHEET K W7316" MACiP .L4CIP.2Dl8•2022%L45 2618.2022 ACIPNla $hmtCWMole.xfs AWP ACIP DATA SHEET Airport Hance BAKERSFIEL© MUNICIPAL AIRPORT Fiscal Year 2020 Shown On I Project Project Description coca! ALP T o" P Federal Share Share Total D. 1 } Main Apron Pavement Rehabilitation (North, Wddie, & South $ 445.977 � 49 :5 "a3 $ 495,53t] Sections] - Construction 2020 Total $ 445;97T $ 49,553 $ 495,530 D.. Development; P - Planning; E - Environmental — PROVIDE THE FOLLOWING DETAILED MFORMATION FOR PROJECTS ANTICIPATEU'V4IT14IN 1•2 YEAR...._ „S Detail Pro ect Descri tiara 5 care /Linea] Footage or Len thAWth 1) Construction of the Main Apron Rehabilitation will be performed. under this item. The pavement rehabilitation is assumed to be a crack re pair and seal coat application (43,000 SY). Item 1 above _.- ..__._.. -_ ... ._ Airport. Code- 8 ACID Codes; RE,AP,IM NPR: 60 PC I: NIA Project Schedule (Anticipated.date for bias. or negotiated prices, consultant selection for planning -or environmental projects, length of construction or design, planning or environmental process) 1) Design i62014. Start constniction 207.1 NEPA Environmental Status �aate of FONSl or submit CATER Form for 1 j CatEic to be submitted and approved by December 2015:. Date of Free Simple Exhibit A All? Funded vrtiftcation: To the hest of my ksaawtedge and Relief. all tnforiitatian Lily authorized fly the Sponsor. TUART PATTESON, PUBLIC WORKS OPERATIONS MANAGER 1I AlR IANAGER ame and. Title of Authorized Representative {r'rint or Type) nature Date 1984 -1997 2008 n the.ACIP Data Sheet Is frue and cam STUART PATTESON, PUBLIC .WORKS MANAGER I AIRPORT MANAGER Contact Name and Title {Print or TypeF sG1 326.3781 _ Contact Phone (Print or Type) X%023160MREPIACIRAW 20TBZ 2214 52040.222AQP13ASI�eTCampela.kls 11/15/17 CC AGENDA PACKET PG 289 AWP ACIP DATA SHEET Airport Name BAKERSFIELD MUNICIPAL AIRPORT Fiscal Year 2021 Showrs On. ALA Project T ek Project Description Federal Share Local Share Total Yes D 1.1 RIW 16 -36. TfW A Pavement Rehab and RIW 16 PAPI - Design $ .81..00.0 $ 9,00D $ 90,000 P 2) APMP Update with PCN Calculations. S 36.000 S 4,000 $ 40,000 2021 Total S 117,003 $ 13,000 1 $ 130,000 D - Development P - Plannln : E - Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1 -2 YEARS Detail Pro ect Description S uarelLineal Footage or Lens thwidth 1 i Using.data generated from the ALP AG1S Obstruction Study (2418), perforrnsite design for.installationof vertical guidance. system, Runway 16 PAPI. Design of Runway 16 -36 and Taxiway A Pavement Rehabilitation will. be. performed under this item. _.......... _._- - _._......... . ......... 2) Previous pavement reports completed in 2006 and 2013. This project will update P for airport pavements and caluIations of PC values based on. available geotechnical data and current fleet mix: Item _1 above Item :2 above Airport Code: B Airport Code: B ACIP Codes: ST,RW;VI ACIP Codes: PL,PL;MS NPR: 48. NPR: 56 P.Ct: NIA PCI: NIA Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental. projects, length of conslructlon or design, planning or environmental process) 1) ❑bsiruction study in 2018, design in 2021 will) construction in 2022. 2] Start. project in February 2021 with field work, am calculations and write report for review in May 2021, Final submitted to FAA July 2021, NEPA Environmental Status Date of FONSI or submit. CATEX Form forApproval) 1).CatEx to be submitted and approved by December 2020. Lard Title Status & Date of Exhibit 'A" Status bate . Fee Slnnple 1984 =1997 Exhibit A 2008 ❑ en AIP Funded Pro'ects. Expected Closa -out Date Certification: To the best of my knowledge and belief, all information. shown in -the ACIP. Data Sheet is trua and cornet aiirl had been duly authorized !M Hie 5 ponsor. STUART PAT ESO.N, PUBLIC WORKS OPERATIONS. MANAGER I AIRPORT STUART PATfESON, PUBLIC WORKS. OPERATIONS MANAGER MANAGER I AIRPORT MANAGER _ _ Name and Title of Authorized Representali e (Print or Type) Contact Marne ai)d Title {!'rii)t:or Type) � w 66-1) 326 -37a1 Signature gate Cpntal PI)ar1e.[f'rint or'f u}� x X231 G071RFMCIRMP 201.8-202.X45 2018 -2%22 ACIP DM Sheet L' wioke,43 Airport Name hown On Project. ALP Type* Yes D AWP ACIP DATA SHEET BAKERSFIELD MUNICIPAL AIRPORT Fiscal .Year 2822 Project description Federal Share Local Total Share RNV 16 =36. TIIN A Pavement Rehab and RM 16 PAP[ . 1} Construction 3 540,008 S 60,000 5 600,800' 2022 Total S fiA8,888 5 68,808 .5 tit10,800 ' D Development; P - Planning-, E - Environmen €al PROVIt]E THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1 -2 YEARS Detail Project Description (5 uareltansal Foota a or Le thiVVitftfl) 1) Using data generated from the ALP AGIS Obstruction .Study (2018), install.vertical guidance system, Runway 16. PAPI. includes FAA.ffight check_rvConstructian. of Runway 16 -36 and Taxiway A Rehabilitation will be performed under this ifem. w.`.._..... _...._.... ......_ :..............:.._.._._ _ __....._... ....._._........._............ It ern ve -• Airport Code: B ACIP Codes: ST,RW'VI NPR: 48 PCI: NIA Project Schedule (Anticipated date For bids or negotiated prices; consultant selaction.for planning or environmental projects, length of construction nrdesign, planning or environmental process) if Obstruction study in 2018. design in 2021 with construction in.2022. NEPA Environmental Status Date of FONSI or submit CATER Form for 1) CatEx to be subgiitted and approved by December 2020. Land.-I-1119 Status & Date of Exhibit "A" Status Date Fee Sirup €e 1984 -1997 EXhibif A 2008 n AIP Funded Pro•ects - ___ _ EXOected Close =out Date uvr[rrleapon :.r o Me nest Ot my knowledge: and balief, all information shown in the ACIP Data Sheet is true and corroctall d u IV authorized b y1h e S po nsor. STUART PATTESON, PUBLIC WORKS OPERATIONS MANAGER! AIRPORT S.TiiART PATTESON, PUBLIC. WORKS OPEF MANAGER MANAGER ! AIRPORT MANAGER: Name and Title of Authorized Representative (Print or Type} Contact Narne:and Title (Print.or Type). 661 326 -3761 S€9naturc: Date Contact Phone (Print. or Tvne) X W3IW"EAACIRACiP 20 t6.2022%L45 231B•2022 ACIP Data Shea CwnpleWAs 11/15117 CC A GENDA PA CKET PG 2 91 Exhibit "C,. AGREEMENT NO. CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on ; by and between. the CITY OF BAKERSFIELD, a chartered. City and municipal corporation; ( "CITY" herein); and a , ("CONSULTANT" herein) . RECITALS WHEREAS, CONSULTANT represents, ands if a. corporation or partnership all officers thereof, are licensed professionals in planning, :engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, CONSULTANT acknowledges it is required and represents it does currently have errors and. omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONSULTANT; acid and. WHEREAS, CONSULTANT represents it is experienced 1n the fields: of planning design and specifically experienced in the field of ;and WHEREAS., the CITY does not have expertise currently on staff to conduct and WHEREAS; CONSULTANT has reviewed the CITY's project and is satisfied. that fhe CONSULTANT understands the requirements of said project; and WHEREAS,. CITY has issued. a Request for Qualifications, ( "RFQ" herein), which -is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, CONSULTANT has: submitted a Statement of Qualifications (SOQ herein) in response to the CITY's R.FQ and a subsequent Fee Proposal, and said SOQ and Fee Proposal are, incorporated herein by reference, and said Fee Proposal. is attached as Exhibit "B "; and WHEREAS; CONSULTANT represents it is competent to undertake the projects set forth in the CITY'S RFQ; and WHEREAS, CONSULTANT represents it has an adequate number of.properly S:.\Airp6rt.\RF'Q\0n call Engz and.Planning\2.p17 Selection\RFQ - Sample Consultant contract.Exhibit.docx 11/15/17 CC A GENDA PA CKET PG 2 92 Exhibit "C' licensed and experienced employees on its staff to accomplish the task set forth .in this Agreement; and WHEREAS, the term CONSULTANT as used herein includes all officers, of any corporation executing .this Agreement. .NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. CONSULTANT shall competently and thoroughly design the project set forth in CITY'S RFQ.. The general scope of work for on-call. services is described as providing planning, engineering, and design services to the City. For each item of work, a specific Request for Proposal [task order) will be prepared by the CITY. The CONSULTANT shall submit a cost proposal for that specific task. The scope of work shall include all items contained in the City's RFQ: CONSULTANT's services shall include all the procedures necessary to properly complete the task CONSULTANT has been called upon to perform, whether specifically included in the scope of work: or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of Dollars �$ ) which. shall be paid as follows: The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all our-of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. I TIME FOR COMPLETION. CONSULTANT shall complete all assigned tasks set forth in the 'scope of work. no later than 4. PAYMENT PROCEDURE. CONSULTANT shall be compensated after receipf of an itemized invoice forth e work complefed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) clays after receipt and approval. by CITY of CON SULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of CONSULTANT's payment for the time period and purposes set forth therein. :5. STARTING WORK. CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONSULTANT and CITY. S.\Airport\RFQ\dn call Engr and Planning\2017 Selection\RFQ - Sample Consultant Contract Exhibit.doex 2 is: Exhibit "C 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Stuart Patteson City of Bakersfield 4101 Truxtun Avenue Bakersfield, California 93309 Telephone: (661 ) 326 -3781 CONSULTANT's Project Manager shall be designated as: Telephone:(_) The Contract Administrator and the Project ManagershaII b the..primary contact persons for CITY and CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key .personnel shall be properly licensed and experienced. the work to be performed under this Agreement. CONSULTANT shall provide background foreach 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 CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION.. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately, or individually., the: firm; its employees and sub- consultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is. dependent upon the: result of the work prepared pursuant to this Agreement or which may be constructed as a. result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and. the California. 9:\Aizport\RFQ\0ni call Engr and:PZanning\2017 Se.lection\RFQ Sample Consultant Contract Exhibit.docx 3 11/15/17 CC A GENDA PA CKET PG 2 94 Exhibit. "C' Department of Transportation (CalTrans), CONSULTANT stipulates that corporately, .or individually, the firm., its employees and sub - consultants are not currently, and in the future, will not be,. employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1.090). -12. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. 12.1 No Federal appropriated funds shall be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to. influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,:or an employee of a Member of Congress in connection with the making of any Federal. grant.and the:amendment of modification of any Federal.grant. 12.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of. Congress, or an employee of a Member of Congress in connection with any Federal grant, the CONSULTANT shall complete an submit Standard Form -LLL, "Disclosure of Lobby Activities," in. accordance with its instructions.. 13. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of This Agreement. 1.4. LICENSES. CONSULTANT shall, at CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses,. permits, and approvals which are legally required for CONSULTANT to practice its profession in the State of California. CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission,. submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task.set forth in the Scope of Mork are properly licensed.. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as defermined by CITY. CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 95. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall riot constitute a waiver of that party's right to enforce such a provision at a later time., and shall not serve to. vary S:\Airport\RFQ\Cn call. Engr and.Planning\:2bil Selecti.on�RFQ - Sample Consultant. Contract Exhibit.docx 4 11/15/17 CC A GENDA PA CKET PG 2 95 Exhibit "C" the terms of this Agreement. 16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 17.. FURTHER ASSURANCES. Each party shall execute and deliver such papers, ocuments: 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. 18. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on 19. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied wit the.performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten ( 1 D) days written notice. Written notice :shall be given pursuant to. the notices paragraph of this Agreement: 20. NOTICES: All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective. upon actual personal service or depositing in the United States mail. The parties; shat€ be addressed as follows, or at any other address designated by notice: CITY:. CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 933 1 CONSULTANT: 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 S:\Airpo.rt�RFQ\On call Engr and Planning\2017 Selection\RFQ Sample .Consultant. Contract Exhibit.:dacx 11/15/17 CC AGENDA PACKET PG 296 Exhibit "C" 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. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the.Agreement and their heirs, administrators, executors, personal representatives, successors and assigns; and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement. may be executed in any number of counterparts, each of which shall be considered as an :original and be effective as such. 23. 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. 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. 24. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole cost, comply with all applicable requirements of Municipal. State,. and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes,. rules or regulations, and permitting requirements now in. force or which may hereafter be in force including,. without limitation, obtaining a City of .Bakersfield business tax certificate (Bakersfield Municipal Code Chapter .5.02) where required. in the event of changes in such authority which require a material change in CONSULTANT's scope of work or schedule., subject to mutual agreement, such changes shall be considered additional services. 24.1 CONSULTANT agrees to comply with .Federal Executive order No. 11246, entitled "Equal Employment Opportunity;" as supplemented in Department of labor regulations (41 CFR, Part 60); Sections 103 and 107 of the Contract Work Hours and Safety Standards. Act. (40 USC 327 -300)` as supplemented by Department of Labor Regulations (29 CFR; Part .5); and all applicable standards., orders and regulations issued pursuant to the 6ean.Air Act of 1970 if this Agreement exceeds One Hundred Thousand DoIIars($100,000). ;25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT 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 S.\A1rpor.t\RFQ\0n call Engr and Pl.anning.\2017 S.eleC.tion\RFQ - .Sample Consultant Contract Exhibit.docx 6 11/15/17 CC AGENDA PACKET PG 297 Exhibit "C' .shall not be construed as forming a: partnership or any other association with CONSULTANT other than that of an independent contractor. 26. INDEMNITY. 26.1 CONSULTANT shall. indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action. or demands whatsoever against them, arising from 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, CONSULTANT's employees, agenfs, independent contractors; companies, or subcontractors in the performance of, or in a.ny way arising from, the terms and provisions of this Agreement. whether or not caused in part by a. party indemnified hereunder, except for ITY's sole active negligence or willful misconduct.. 25.2 1. n the event CONSULTANT is a "design professional" as defined in Civil Code Section 2782.8,.the CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability,: claims, actions,. causes of action or demands, against them, or any of them,. before administrative or judicial tribunals of any kind Whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. 27. INSURANCE. In addition to any other insurance or bond required under this .Agreement, the CONSULTANT shall procure and maintain for the duration of this. Agreement the fallowing types and. limits of insurance ("basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims :made basis for errors and omissions with limits of not less than One Million Dollars ($1,000.1000) aggregate, and .27.2 Automobile liability insurance, providing coverage on an occurrence basis: for bodily injury, including death; of one or more persons, . property damage and personal Injury, with limits. of not less than One. Million Dollars ($1,000,000) per occurrence; and the policy.shall: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance unless otherwise approved by the CITY's Risk Manager, providing coverage on an S:\Airport\RFQ\Qn :call Engr and Planning\2017 Selecti.on.\RFQ - Sample Consultant Contract Exhibit...dacx 7 11/15/17 CC AGENDA PACKET PG 298 Exhibit "C' occurrence basis for bodily injury,. including death, of one or more persons,. property .damage and personal injury; with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement.. 27.3.2 Provide unlimited products and completed operations coverage. 27,3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written or) a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONSULTANT may utilize a Self - Insured Retention provided that the policy shat€ 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 byany means including other insurance or which is intended. to defeat the intent or protection of an Additional Insured. 27.4 Workers' com ensation insurance with statutory limits and employer's liability insurance with limits of not less than. One Million Dollars ($4000,00.0) per occurrence; and the policy shall contoin. a waiver of subrogation in favor of the CITY, its mayor,. council, officers, agents, employees and. designated volunteers. 27.5 Except for professional liability, all policies required of the CONSULTANT shall be primary insuranceas to the CITY, it' s mciyor, 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 CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as. approved by CITY's Risk. Manager, but in no event less than A -Ml. Any.deductibles, self- insured retentions or in'surd.nce in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:V €I, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written S.- \Airport\RFQ\on.call Engr and Planning\2017 Selection\RFQ. Sample .C.onsultant Contract Exhibit.docx 8. Exhibit "C" notice of cancellation or material change in policy language or terms: All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all Work. required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.1.0 Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the .prices paid for the various items of work. to be performed under the Agreement, and no additional allowance will. be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf at, all subcontractors :even if the CITY'.has approved lesser insurance requirements for CONSULTANT. 28. THIRD PARTY CLAIMS. In the. case of public works contracts CITY will timely notify CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all costs of. notification. 29. ACCOUNTING RECORDS. CONSULTANT shall maintain. accurate records, including but not limited to accounting. records, and other written documentation pertaining to all costs incurred in performance of this Agreement: Such records and documentation shall. be kept at CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives and the Federal Aviation Administration (FAA) upon request at any time during regular business hours. S.:\Airp0rt\RFQ\0n call Engr.and.Planning.�2.617 Selection\RFQ - Sample Consultant. Contract Exhib- it.docx. g 11/15/17 CC AGENDA PACKET PG 300 Exhibit "C" 30. CONFIDENTIALITY: During the term of this Agreement,. CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could. severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, 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 the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. OWNERSHIP OF DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32. TAX NUMBERS. CONSULTANTS Federal Tax Identification No. CONSULTANT is a corporation? Yes No (Please check one) 33. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECUTION. This. Agreement is effective upon execution. It is the product of. negotiation and a I I parties are equally responsible for authorship of this Agreement. Section. 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.. 35. NEWS RELEASES /[NTERViEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by the CITY. 36. RESQURCE ALLOCAT] ON, All obligations of CITY under the terms of this Agreement are subject to the: appropriation and allocation of resources by the City 'Cou ncil. 37. TITLE VI ASSURANCES -- CIVIL RIGHTS ACT OF 1964. CONSULTANT CONTRACTUAL RE UIREMENTS. During the performance of this contract, CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred S :\Airport\RFQ\Dn call .Engr and Planninq\2017 Selec.tion\RFa - 55ample Consultant. Contract Exhibit . docx 10 11/15/17 CC AGENDA PACKET PG 301 Exhibit "c" to as "CONSULTANT") agrees as to 37.7 Compliance with Regulations. CONSULTANT shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DDT. ") Title 49, Code of Federal Regulations, Part 21, :as they may be amended from time to time (hereinafter referred. to as the Regulations), which are herein incorporated by reference and made a part of this contract. 37:2 Nondiscrimination.. CONSULTANT, with regard to the `work performed by it during the contract, shall not discririm1hate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. CONSULTANT shall not participate .either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 37.3 Solicitations for Subcontracts including Procurements of Materials and Equipment.: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurements of materials or Leases of equipment, each potential subcontractor or supplier shall be notified by CONSULTANT of the CONSULTANT`s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,. or national origin'. 37.4 Information and Reports. CONSULTANT shall provide all information and reports required by fhe Regulations or directives issued pursuant thereto and shall permit access to its books, records; accounts, other sources of information and its facilities as may be determined by CITY or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations; orders, and instructions.. Where any information required of CONSULTANT is in the exclusive possession of another who rails or refus.es to furnish this information, CONSULTANT shall so certify to CITY or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 37.5 Sanctions for Noncompliance. In the event of CONSULTANT's noncompliance with. the. nondiscrimination provisions of this contract; CITY shall impose such contract sanctions as it orthe FAA may determine to be appropriate, including: but not limited to: 37.5.1 Withholding of payments: to CONSULTANT under the contract until the CONSULTANT complies, and/or 37.5.2 Cancellation, termination, or suspension of the contract, S-\AirpprtNRFQ\on call Fngr and Planning\2017 Selection1RFQ Sample Consultant.. Contract .Fxhi.bit.docx 11/15/17 CC AGENDA PACKET PG 302 Exhibit "C" in whale or in. part. 38. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982. SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS., CONSULTANT assures that it will comply with pertinent statutes. Executive orders and such rules as are promulgated to assure that no person shall, on the .grounds of race,. creed, color, national origin; sex, age; or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenantjconcessionairelfessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the CITY or any transferee for a purpose forwhich Federal assistance is extended, or for another purpose. involving the provision of similar services or benefits or (b) the period during which the CITY or any transferee retains ownership or possession of the property. Ih. the case of CONSULTANT, this provision binds CONSULTANT from the bid solicitation period through the completion of the contract. This provision is in addition 'to that required of Title VI of the Civil Rights Act of 1964. 39. DISADVANTAGED BUSINESS ENTERPRISES 39.1 Contract Assurance { §26.131^ CONSULTANT or subcontractor shall not discriminate on the basis of race, color; national origin: or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements. of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 39.2 Prompt Payments (_ §_26:29 CONSULTANT agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Thirty (30) days from the receipt of each payment CONSULTANT receives from the CITY. CONSULTANT agrees further to return retainage payments to each subcontractor within Thirty (30) days after the subcontractor's work is satisfactorily.completed. Any delay or postponement of payment from the above referenced time frame. may occur only for good cause following written approval of the CITY.. This clause applies to both DBE and non - DBE subcontractors. 40. RIGHTS TO INVENTIONS. All rights to inventions and materials. generated under this contract are subject to regulations issued by the FAA and CITY of the Federal grant under which this contract is executed. S:\Airport\RFQ\Qn call Engr and Planning\20.17 Selection\RFQ - .Sample Consultant Contract Exhibit -dock 12 11/15/17 CC AGENDA PACKET PG 303 Exhibit "C" 41. TRADE RESTRICTION CLAUSE. 41.1 CONSULTANT or subcontractor, by submission of an offer and/or execution of a contract, certifies #hat it: 41.1.1 is not owned o( controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR ) ; 41.1.2 Has not knowingly entered into any contract or subcontract for this. project with a person that is a citizen or national of a foreign country on. said list: 41.1.3 Has not procured any prod uct norsubcontracted for the supply of any product for use on the project that is produced in a foreign country on said fist. 41:2 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with. 49 CFR 30.17, no contract shall be awarded to CONSULTANT or subcontractor who is unable to certify to the above. If CONSULTANT knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through CITY caneeliation•of the contract at no cost to the Government. 41.3 Further, CONSULTANT agrees that, if awarded a contract resulting from this saficitatio n,. it will incorporate this provision €or certification without modification in each contract and in all lower tier subcontracts. CONSULTANT may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. 41.4 CONSULTANT shall provide immediate written notice. to CITY if CONSULTANT learns that its certification or that of a subcontractor was erroneous when submitted ar has become erroneous by reason of changed circumstances. CONSULTANT agrees to provide written notice to. CONSULTANT if at any time it learns that its certification was erroneous. by reason of changed circumstances. 41.5 This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that CONSULTANT or subcontractor. knowingly rendered an erroneous.certification, the Federal Aviation Administration may direct through CITY cancellation of the contract or subcontract for default at no cost to the Government. S:\AirPPrt\RFQ\O.n call .E.ngr and Planning\2017 Selection\RFQ - sample Consultant Contract Exhibit.docx:� Exhibit "C" 41.6 Nothing contained in the foregoing shall be construed to require establishment of a system of records. in order to render, in good: faith, the certification required by this provision. The knowledge and information of CONSULTANT is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business. dealings. 41.7 This certification concerns a matter within the.jurisdietion of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 100 1 42.. TERMINATION OF CONTRACT. 42:7 CITY may, by written notice, terminate this contract in whole or in part at any time, either for C1TY's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall. be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accurrmulated in performing this contract, whether completed or in progress,. delivered to CITY. 42.2 If. the termination is for the convenience .of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed. for anticipated profit on unperformed services. 42.3. If the termination is due to failure to fulfill CONSULTANT's obligations, CITY may take over the work and prosecute the same to completion by contract or otherwise. In.such case;. CONSULTANT shall be liable. to CITY for any. additional cost occasioned to CITY thereby. 42.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that CONSULTANT had not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, adjustment in the contract price shall be made as provided in paragraph 39.2 of this clause'. 42.5 The rights and remedies of CITY provided in Phis. Clause are in addition to any other rights and remedies:provided by law or under this contract.. 43. CERTIFICATION REGARDING DEBAREMENJ _- SUSPENSION, _INELIGIBILITY AND VOLUNTARY EXCLUSION. The. CONSULTANT certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended,. proposed. for deparmenf, declared ineligible, or voluntarily excluded from participation in this transaction. by any Federal department or agency. It further agrees by submitting this proposal. that it will S:\Airport`RFQ\On.call Engr:and Planning\20.17 Selectien\RFQ Sample Consultant Contract Exhibit.dccx 14 Exhibit °C„ included this clause without modification in all lower tier transactions, solicitations, Proposals, contracts, and subcontracts.. Where CONSULTANT or any lower tier participant is unable to certify to this statement, it shall attach. on explanation to this solicifationlproposal. 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 GCH, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Marks Director " CONSULTANT„ z Type or print Na Title: "I have received and reviewed the Sample CONSULTANT's Agreement including the INDEMNITY clause which was sent to me with the City's RFQ. My signature above shall signify our firm's acceptance of a final version of the same contract if our firm is selected for awarding a contract for the project as described in. said RFQ:" S.\Airpart\RFQ\on..call.Engr and P.lanning\2di7 Selection\RFQ - Sample-Consultant Contract Exhibit.docx 15 Exhibit "C APPROVED AS TO FORM. VIRGINIA GENNARO City Attorney .JOSHUA RUDNICK. Deputy City Attorney Insurance: COUNTERSIGNED: NELSON SMITH Finance Director Attachments: S:\Airp0rt\RFQ \0n Gall Engr.and Planning\2017 Selection\RFQ - Sample Consultant Contract. Rxhibi.t ..docx 16 Not to Exceed Amount for New AIP Contract Miscellaneous Services Not to Exceed/ YR FY 2017 NE T/L 1 and NW Apron B CA 2018 ALP and AGIS Survey 2019 NW Apron Sect A & C Bid and CA 2020 Main Apron Bid and CA 2021 R/W 16 -36, MIRL Upgrade, PAR I 2022 JR/W 16 -36, MIRL Upgrade, PAR Construction 2023 1 No Proiect In review of previous years, $20,000.00 covers miscellaneous costs for ACIP work for the FAA. An additional $10,000.00 per year is added on the odd years when Caltrans CIP work is required. AIP Service Misc. Service Total $ 43, 000.00 $ 30, 000.00 $ 73, 000.00 $ 300,000.00 $ 20,000.00 $ 320,000.00 $ 80, 000.00 $ 30, 000.00 $ 110, 000.00 $ 70,000.00 $ 20,000.00 $ 90,000.00 $ 158,500.00 $ 30,000.00 $ 188,500.00 $ 651,500.00 $ 130,000.00 $ 781,500.00 $ 50,000.00 $ 20,000.00 $ 70,000.00 $ - $ 30,000.00 $ 30,000.00 $ 50,000.00 $ 50,000.00 $ 100,000.00 In review of previous years, $20,000.00 covers miscellaneous costs for ACIP work for the FAA. An additional $10,000.00 per year is added on the odd years when Caltrans CIP work is required. ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements I. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 10/17/2017 WARD: Ward (s) 2, 3, 4, 5, 6, 7 SUBJECT: Procurement of granular activated carbon (GAC) for 1, 2,3-Trichloro propane (TCP) Mitigation Project: 1. Agreement with Jacobi Carbons, (not to exceed $407,442.80) to provide GAC media for 20 water treatment vessels. 2. Agreement with Evoqua Water Technologies, (not to exceed $454,258.66) to provide GAC media for 18 water treatment vessels. 3. Agreement Calgon Carbon, (not to exceed $934,176) to provide GAC media for 48 water treatment vessels. STAFF RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: In July 2017, the State Water Resources Control Board Division of Drinking Water (DDW) established a new maximum contaminant level (MCL) for the synthetic organic chemical known as 1, 2,3-Trichloro propane (TCP). TCP is a chemical previously used as a cleaning and degreasing solvent and is also associated with pesticide products. TCP is commonly found in groundwater throughout the Central Valley and is present in Bakersfield. The implementation schedule for the new regulation requires water purveyors to begin sampling for TCP in their groundwater wells during the first quarter of 2018. The City operates 64 groundwater wells, in which 41 currently exceed the new MCL for TCP. The City is currently in the process of equipping an initial group of 27 wells with treatment facilities to remove the TCP from the groundwater prior to delivery of the treated water into the domestic water system. This project is known as the TCP Mitigation Project. In May 2017, City Council approved an emergency resolution, which allowed the City to dispense with bidding for the TCP Mitigation Project in accordance with Section 3.20.060 of the Bakersfield Municipal Code. This resolution allowed the City to procure wellhead treatment vessels, granular activated carbon (GAC), engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation of TCP treatment facilities and other related project facilities. While the City has already purchased the vessels for TCP treatment facilities, the City needs to purchase GAC treatment media to fill the initial 86 treatment vessels that will treat the water discharged from the 27 wells. The DDW has determined that granular activated carbon is the best treatment alternative to remove TCP. Different types of GAC are manufactured by various suppliers and its performance life can vary greatly based on both the water quality at each individual well site, and the specific properties of the GAC types. Therefore, for the TCP Mitigation Project, both initial laboratory testing and long-term field testing is required to determine best value for the City domestic water system. The City issued a Request for Proposal (RFP) for GAC media. Proposals were evaluated on price, expected performance (useful life), and the vendor's ability to meet project schedule. Three GAC suppliers responded to the RFP, and each proposal indicated GAC type, initial laboratory testing results on various GAC media types, and pricing. Those suppliers are: • Jacobi Carbons (Jacobi), Columbus, OH • Evoqua Water Technologies (Evoqua), La Mirada, CA • Calgon Carbon (Calgon), Moon Township, PA Since long-term field testing is required to determine performance of GAC media, staff recommends the City purchase multiple types of GAC for the initial fill of the 86 vessels. Assessing which carbons to purchase was based on the factors below: 1. The GAC quote prices from suppliers; 2. The relative carbon performance predicted by the City's laboratory testing; and 3. The supplier's ability to support the project schedule. The engineer's estimate for the GAC was $2.1 million. Staff recommends entering into agreements with the three GAC suppliers for the amounts as shown in the table below: Supplier Carbon Type Price (per vessel) Recommended Vessels Filled Subtotal Jacobi Aquasorb CX 12x40 $20,372.14 20 $407,442.80 Evoqua AC1240CAT $42,608.45 2 $85,216.90 Evoqua AC1230C $23,065.11 16 $369,041.76 Calgon Filtrasorb400 $22,642.00 16 $362,272.00 Calgon HPC830 $17,872.00 32 $571,904.00 Jacobi 20 $407,442.80 Evoqua 18 $454,258.66 Calgon 48 $934,176.00 86 $1,795,877.46 The total amount of GAC to be purchased is $1,795,877.46. Funds were previously budgeted within the Domestic Water Fund for this purchase and therefore an appropriation is not required. There is no General Fund impact. ATTACHMENTS: Description D /kgireeirneint Wth Jacob (iIrIdUdes EkNbts /k & IB) D /kgireeirneint Wth EVO(JUa (iIrIdUdes EkNbts /k & IB) D /kgireeirneint Wth Calgoin (iIrldbdes Exhbts /k & IB) Type /kgireeirneint /kgireeirneint /kgireeirneint AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ( "Agreement ") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY ") and JACOBI CARBONS, INC. ( "CONTRACTOR "). RECITALS WHEREAS, the State Water Resources Control Board Division of Drinking Water (DDW) recently adopted a new maximum contaminant level (MCL) of 5 parts per trillion for the synthetic organic chemical 1,2,3- Trichloropropane (TCP); and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP levels exceeding the MCL; and WHEREAS, the CITY adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System; and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of providing granular activated carbons for TCP removal. WHEREAS, the CITY desires to employ CONTRACTOR to provide granular activated carbon to City -Owned Water Wells affected by TCP ( "Project" herein) as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide granular activated carbon for TCP removal for 20 vessels as part of the TCP Mitigation Project. CONTRACTOR shall provide granular activated carbon type AquaSorb CX 12x40 for 20 vessels in accordance to the pricing schedule referenced within Exhibit B. The Scope of Work shall include all items and procedures INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 1 of 10 necessary to properly complete the task CONTRACTOR 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 CONTRACTOR as follows for performing the Scope of Work ( "Compensation "): A total not to exceed payment of $407,442.80 after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONTRACTOR within 30 days after CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $407,442.80 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2018. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 2 of 10 supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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. 12. 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. 13. 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. 14. 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 INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 3 of 10 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. 15. 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. 16. INSURANCE. 16.1 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 "). 16.1.1 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. 16.1.2 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: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 4 of 10 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 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. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 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. 16.2.2 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 5 of 10 16.2.3 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. 16.2.4 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. 16.2.5 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. 16.2.6 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. 16.2.7 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. 17. 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 6 of 10 18. 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. 19. 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. 20. 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. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. 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. 23. 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 7 of 10 24. 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. 25. 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. 26. 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. 27. 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. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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: INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 8 of 10 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: JACOBI CARBONS, INC. 432 McCORMICK BOULEVARD COLUMBUS, OH 43213 (215) 546 -3900 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 9 of 10 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 JOSHUA RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ARTHUR CHIANELLO, P.E. Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" JACOBI CARBONS, INC. By: Print Name: Title: Attachment: Exhibit A - Request for Proposal Exhibit B - CONTRACTOR Proposal INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Jacobi Agreement.Docx Updated - September 11, 2017 Page 10 of 10 ON WIN. I LAG I I Wkk I An Employee Owned Company October 2, 2017 Exhibit A 286 W. Cromwell Avenue Fresno, CA 93711 -6162 Tel: (559) 449 -2700 Fax: (559) 449 -2715 www.ppeng.com RE: City of Bakersfield 1,2,3 - Trichloropropane Mitigation Project — Phase 1 Granular Activated Carbon (GAC) Media Procurement Proposal Guidelines The City of Bakersfield (City) is proceeding with a project to mitigate 1,2,3- Trichloropropane (TCP) contamination of many of the City's wells. The first phase of the mitigation project involves the construction of granular activated carbon (GAC) wellhead treatment plants at twenty -four (24) well sites. These treatment plants will include a total of eighty -four (84) 714 ft3 capacity GAC vessels. The City has contracted with Provost & Pritchard Consulting Group to prepare plans and specifications for the required improvements and to assist with procurement of the initial load of GAC media. W. M. Lyles Co. is also engaged by the City to assist in this process and will be the Design - Builder on the project. It is the City's intent to enter into a contract with one or more activated carbon suppliers to provide the initial load of activated carbon for all 84 Phase 1 GAC vessels. All vessels will be operated in pairs in a series (i.e. lead -lag) configuration. Contract(s) for future carbon changeouts will be issued through a separate request for proposal (RFP) at a later date. Of the 84 vessels to be loaded, four (4) vessels will require catalytic carbon suitable for sulfide removal treatment incorporating supplemental oxygen addition. The catalytic carbon will be installed only in the lead vessels at the applicable sites. The City recently conducted a rapid small -scale column test ( RSSCT) study with the intent to rank carbon performance for this procurement. It was anticipated that adjustment factors would be developed to allow the City to select the best value carbon considering both price and performance. The RSSCT study results are included as an attachment to this RFP. It is noted that the bed volumes at termination of the RSSCT were not sufficient to capture carbon breakthrough at the maximum contaminant level concentration of 5 parts per trillion (0.005 fag /L). Furthermore, the carbon performance observed in the RSSCT study does not correlate well with full -scale performance at existing nearby GAC treatment plants, which predict no better than approximately 70,000 BV to breakthrough at the MCL. For the reasons described above, the City has decided not to use the RSSCT to apply strict numerical scaling to carbon bid prices at this time. Instead, the City will likely select multiple carbons provided by one or more suppliers to install at various GAC sites throughout the City's system. At sites where multiple treatment trains are installed in parallel, the City will install different carbons in each series vessel pair. Monitoring the full -scale performance of the different carbons installed side -by -side will allow the City to establish scaling factors for use in the future resupply contract. The final decision of which carbons to purchase for the initial load will be based on factors including: • The supplier's ability to support the project schedule • The relative bid prices • The relative carbon performance predicted by the RSSCT G:\Bakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 2of3 • Whether it appears likely that product cost differences will be compensated for by differences in performance The following guidelines must be followed by suppliers interested in supplying GAC. 1) The enclosed carbon procurement documents are being distributed to suppliers on October 2, 2017. 2) Proposals are due by October 11 th, 2017 at 4:00 PM. Proposals will be accepted up to the deadline either in hard copy form delivered to 286 W. Cromwell Ave., Fresno, CA 93711 or in electronic form e- mailed to kberryhill(a-)_ppeng.com. If a proposal is submitted by e-mail, the identical hard copy must be received at the above street address no later than 5:00 p.m. Friday October 131H 3) Send written questions via email to Kevin Berryhill of Provost & Pritchard (kberryhiI I(d)-ppeng.com). 4) The City anticipates making a selection of supplier(s) and awarding at the November 1St 2017 City Council meeting. 5) Proposals and terms must comply with the attached GAC specification. 6) Each supplier is invited to submit proposals for one or more carbons provided that the carbon was included in the RSSCT study. Any requests to substitute alternative carbons not included in the RSSCT shall be made prior to submitting a proposal. 7) Since the City has not decided if or how the bid award will be split between the carbon products, the suppliers may choose to establish a cost scale (price points) for each carbon based on the number of 714 ft3 loads ordered. 8) Performance guarantee: a. No long -term 1,2,3- Trichloropropane performance guarantee is being enforced b. Refer to the specification for other warranty terms. 9) Schedule: a. The enclosed schedule represents the latest TCP mitigation project schedule. b. The supplier shall assume that carbon delivery for each site shall occur on the date the "Testing and Startup" task begins. The Supplier's price shall be valid for a period no less than one month beyond the forecasted scheduled delivery dates and the Owner reserves the right to change the order in which the well sites receive deliveries. GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 3of3 c. The proposal shall clearly describe any supply limitations for each product (e.g. it may not be possible to meet the schedule if certain specialized carbons are selected). 10) Liquidated Damages: To the extent that delay(s) in GAC delivery result in a delay in meeting the project Group 1 and Group 2 completion dates (April 5th and May 23 d, 2018 respectively), liquidated damages of $10,000 /calendar day will apply. 11) Pricing: a. Pricing shall be all- inclusive for full service supply and installation of the carbon and shall include materials, equipment, labor, transportation costs, sales tax (City sales tax is 7.25 %), fees, permits, etc. 12) The City of Bakersfield's Terms and Conditions are enclosed for reference. The supplier shall describe any concerns or issues related to the Terms and Conditions in their proposal. Respectfully, Kevin Berryhill, P.E. Principal Engineer Enclosures: 1. GAC Specification 2. RSSCT Results 3. Preliminary Project Schedule 4. Terms and Conditions GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx SECTION 433283 GRANULAR ACTIVATED CARBON PART 1 - GENERAL A. Description This section describes manufacture, delivery and installation of granular activated carbon (GAC) for removal of 1,2,3 - trichloropropane (TCP) at City of Bakersfield, California municipal drinking water wells. B. Work to be Included 1. The supplier shall be responsible for the following: a. Procurement of GAC b. Delivery of GAC to the project site C. Furnishing all air compressors, hoses, fittings, etc. required for slurry transfer of the carbon from the delivery truck into the GAC vessels. d. Slurry transfer (i.e. installation) of the GAC into the GAC vessels 2. The following work will be completed by others: a. Supply and installation of GAC treatment vessels and appurtenances; b. Disinfection of GAC vessels and associated piping prior to installation of carbon; C. All water quality analyses described in this specification; d. Soaking and backwashing of the carbon after installation C. Standards: 1. Unless otherwise noted, all materials and services contained in this specification shall comply with the latest edition of AWWA B604. D. Supplier's Qualifications 1. The Supplier shall include in their proposal documentation describing their carbon supply and delivery experience and facilities. Sufficient information shall be provided to assure the Owner that the Supplier can fulfill its obligations under the contract. E. Submittals 1. The Supplier shall submit the following information with their proposal: a. Pricing per 714 ft3 load (volume after soaking and initial backwashing) b. Delivery schedule based on the preliminary project schedule included in the RFP C. Standard product datasheets including typical ranges of: Granular Activated Carbon 433283 -1 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 325 (1) Particle size (2) Apparent density; (3) Iodine number (4) Ball Pan hardness; (5) Peroxide number (for catalytic carbons) d. Temperature- specific media downflow pressure drop curves and backwash bed expansion curves (per product) e. NSF -61 certification f. Description of GAC supply chain including describing where the carbon will be shipped from; how much of the applicable carbon type is typically stockpiled and at what location and a description of the Supplier's delivery truck fleet. 2. The Supplier shall submit the following information prior to delivery of the GAC: a. Soaking and backwashing instructions b. A list of site features and Owner activities required to support carbon delivery C. Test Reports - The following test reports shall be provided: (1) The Supplier's laboratory analysis for the lot of virgin GAC provided. The procedure for sampling, analysis, and reporting is specified as follows: (a) The certified laboratory selected by the Supplier shall analyze the material based upon the requirements of these specifications. Testing methods shall be in accordance with Section 4 (Testing Methods) of the AWWA Standard for Granular Activated Carbon (AWWA B604), the Food Chemical Codex protocol (National Academy press), and appropriate ASTM standards. (b) A test report shall be submitted by the Supplier showing compliance with the specifications as described herein, along with a statement certifying that the material for shipment is equal in quality to and from the same lot as the representative sample submitted. (c) Test reports on the representative samples of GAC shall contain the following information: • Apparent density • Mesh size • Effective size • Ball pan hardness; • Iodine number • Moisture as packed (percent) • Water soluble ash (percent) • Total ash Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -2 3. The Supplier shall submit the following information upon delivery of the GAC: a. Weight tickets for the actual delivered GAC. b. Samples: If so requested by the Owner's Representative, samples of the GAC provided for the initial filling of adsorber vessels shall be provided in accordance with paragraph 1.4.3, "Sampling and testing after delivery of shipment," of the AWWA Standard for Granular Activated Carbon (AWWA B604 -12). F. GAC Treatment Conditions 1. All adsorbers consist of 12 -foot diameter vessels operated in series. 2. Contact Time - The adsorbers have carbon capacities of 714 ft3 per vessel. The vessels will provide empty bed contact times ranging from approximately 12 to 22 minutes (lead and lag beds combined). 3. Hydraulic loading rates range from approximately 4.4 to 7.5 gpm /ft2. 4. Adsorbers are designed to allow no less than 25% bed expansion upon initial washing of the media. G. Regulatory Requirements 1. The Supplier shall comply with all applicable regulatory requirements including, but not limited to, the following: a. Occupational safety and health requirements of OSHA and Cal -OSHA. b. U.S. Department of Transportation requirements for transportation of the GAC. C. Local air pollution control requirements regarding potential releases of chemicals or particulates during transfer of GAC to absorber vessels. d. ANSI /NSF -61 certification of carbon. 2. Evidence (copies of permits, etc.) shall be provided if requested by the Owner. The Supplier shall obtain all necessary permits related to the delivery of the carbon at his own expense. H. Warranty 1. The Supplier shall warranty the GAC against the following conditions occurring within one month of the vessel entering service: a. The Supplier shall warrant against coliform bacteria being detected in the vessel intermediate or effluent sample ports. This provision does not apply if the raw well water upstream of the well pump discharge check valve is also contaminated with coliform bacteria. b. The Supplier shall warrant against the leaching of any regulated inorganic or organic contaminant from the carbon. This provision shall not apply to nitrate if the raw water nitrate level exceeds one -half of the nitrate MCL (i.e. nitrate sloughing). Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -3 Should either of the above provisions come into effect, the Supplier shall be given two working days following notification to propose a mitigation strategy (e.g. carbon disinfection) to bring the carbon back into compliance. The problem must be corrected or the carbon replaced within two weeks. All costs for correcting the problem including labor, disinfection, laboratory charges and materials shall be paid for by the Supplier. PART 2 - MATERIALS A. Allowable GAC Products The supplied GAC shall be one of the Supplier's standard products listed below. Any products differing from products listed below must be approved prior to proposal submittal. • AC1230C (Evoqua) • AC1230CX (Evoqua) • AC1240CAT (Evoqua) • AquaSorb CX (Jacobi) • AquaSorb CX -MCA (Jacobi) • Centaur 12x40 (Calgon) • F400 (Calgon) • HPC830 (Calgon) B. Granular Activated Carbon GAC shall be as specified below. General The granular activated carbon shall be virgin material manufactured from coconut shells or bituminous coal only. Activation shall be carefully controlled to produce a material having a high internal surface area with optimum pore size for effective adsorption of 1,2,3 - trichloropropane. Physical Characteristics Physical characteristics of the product delivered for this project shall be consistent with the typical physical characteristics of the manufacturer's standard bulk product for municipal water treatment clients. The physical characteristics of the carbon supplied for this project will be analyzed and will establish a baseline that the manufacturer will be held to for subsequent resupply contracts. 3. Handling Characteristics The GAC's physical size and density must be such that it shall flow readily within the virgin GAC transfer piping and must form a workable slurry with a concentration of approximately 0.21 kg of carbon per liter (2 pounds of carbon per gallon) of water. 4. Quantity: Each vessel will be loaded with enough carbon to ensure a working carbon volume of 714 ft3 following initial soaking and backwashing. 5. Delivery and Installation of GAC a. Following testing, inspection, and disinfection of the GAC vessels (by others), each adsorber vessel shall be filled with a minimum 714 ft3 (after backwashing) of virgin GAC in accordance with these specifications. Granular Activated Carbon 433283 -4 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 328 b. Total coliform test results following disinfection of vessels (by others) will be made available to the Supplier. Should the supplier wish to independently confirm the bacteriological quality of the water in the vessels or in the City's water supply, it shall be at their own expense and with no impact to the schedule. C. The supply contract will be awarded in groups of two vessels (i.e. series pairs) and carbon deliveries shall be for two vessels at the same site on the same day. d. Delivery shall be during normal business hours. e. The Supplier shall deliver GAC in trailers used solely for the transport of GAC. Trailers shall be thoroughly cleaned prior to filling with GAC and shall be lined or constructed with materials suitable for transporting GAC that will be in contact with potable water. f. Makeup or rinse water needed for the transfer shall be potable water provided by the Owner. The Supplier shall provide any necessary hoses, site glasses, piping, and appurtenances for using this water. The compressed air supply required for transfer of carbon shall be provided by the Supplier. g. All water used in the transfer process shall be discharged to the point on site designated by the Owner; no discharges will be permitted without the Owner's permission. h. GAC shall be transferred as a water slurry only, using air pressure on the trailer as the motive force. Use of a pump or eductor to transfer the carbon from the trailer into the adsorber vessel will not be allowed. Bag loading or dry loading of the GAC into the adsorber vessel is prohibited. The GAC shall be loaded into the trailers before the units are driven on to the site. The Supplier will be responsible for cleanup of all GAC and slurry spills that may occur during the GAC transfer operation. Material Testing and Start -Up The water provided by the Owner meets all the maximum contaminant levels (MCLs) for organic and inorganic contaminants except for 1,2,3 - trichloropropane. The Owner acknowledges that some 1,2,3 - trichloropropane may leak from the vessels immediately following backwashing; however, it is expected that no 1,2,3 - trichloropropane will be detected in the effluent following a brief period (1 hour) of forward flushing or normal operation. Except for 1,2,3 - trichloropropane, the quality of the virgin carbon will be reflected by the quantity of inorganics leached into the effluent in terms of secondary inorganic contaminations of phosphates, ash, etc. At the Owner's discretion, the effluent may be sampled (after the washing is considered complete) and tested by an independent laboratory. This inorganics test may be repeated within two (2) weeks after start -up. The treatment system must provide water that does not exceed the MCLs for primary or secondary contaminants. Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 END OF SECTION 433283 -5 Eiigineering PeWorniance Solutions CARBON EVALUATION FOR 1,2,3- TRICHLOROPROPANE REMOVAL As commisioned by: PROVOST & PRITCHARD 286 W. Cromwell Avenue Fresno, CA 93711 Prepared by: Engineering Performance Solutions, LLC 3161 St. Johns Bluff Rd. S., Suite 3 Jacksonville, FL 32246 904 - 645 -7775 Report #: 206.01.0817 Amended Date: 09/06/17 SCOPE Per our agreement with Provost & Pritchard, Engineering Performance Solutions, LLC (EPS) agreed to perform a series of rapid small -scale column tests (RSSCTs) to evaluate the breakthrough performance of eight (8) different granular activated carbons (GACs) for 1,2,3- Trichloropropane (TCP) removal for the City of Bakersfield, CA. Other common indices were also tested: iodine number, apparent density, ball pan hardness and surface area. The carbons used for the test are: • Calgon Centaur, F400 and HPC -830 • Evogua AC1230C, AC1230CX and 1240CAT • Jacobi AquaSorb CX and AquaSorb CX -MCA Parameters such as the flow rate, GAC particle size, empty bed contact time (EBCT), and hydraulic loading are all required for the scaling equations and were furnished by Provost & Pritchard. The RSSCT was designed to simulate a full -scale EBCT of 10.0 minutes for a period of approximately 100,000 bed volumes. METHOD Raw water from the City of Bakersfield, CA was collected on 06/26/17 and shipped (on ice) overnight to the EPS facilities in Jacksonville, FL. The water was stored at 4 °C until the testing commenced. A key feature of RSSCTs is that the GAC grains utilized in the mini - column are considerably smaller than full -scale grains. As determined by Crittenden et al. (1991), mini - columns containing finely ground GAC can accurately simulate full -scale GAC breakthrough profiles in a fraction of the time required for full -scale adsorption systems. As the mini - column was processing water, effluent samples were collected on a regular basis and analyzed for TCP until 100,000 bed volumes of water was processed. All samples were tested by BSK Associates Laboratory in Fresno, CA. using a GC -MS SIM with method SRL 524M -TCP. The average TCP influent concentration at the start of the tests was 0.058 ug /L and the average influent concentration at the end of the tests was 0.060 ug /L. The Minimum Detection Limit (MDL) is 0.00016 ug /L. RESULTS The breakthrough curve produced by graphing the various carbons performance as water was being processed through the columns are shown below if Figure 1. More detailed results are show in Table 1. Tables 2 and 3 contains the methods and testing parameters that were also tested for each carbon as requested by Provost & Pritchard. Report Page 2 iw t:raap;oeeedng Performance Solutions 11/15117 CC A GENDA PA CKET PG 331 Figure 1. BVs 0.00616 ... 0.00516 J 2 87433 0.00016 4 . 0.00416 CL AC1230 CX U TCP ug /L ~ 0.00316 0.00016 2 86316 0.00016 3 0.00216 W AC1230 C BVs 0.00116 1 0.00016 -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L Nx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 4 . o, o (P�7r ��� t ��tl lYN��;,,, a�,,,, G,,,,,,,,(,,,,,, rt,,,,,,; j„ �n,,,,,,, p,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,, ,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,, �s„ ,,,,, ,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,, -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L Nx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 3 104087 0.00058 AC1230 CX BVs TCP ug /L 1 0 0.00016 2 86316 0.00016 3 101328 0.00049 AC1230 C BVs TCP ug /L 1 0 0.00016 2 86803 0.0031 3 101270 0.0038 *Continued on next page* Report Page 3 E'raapioeeedng Performance Solutions 11/15117 CC A GENDA PA CKET PG 332 HPC -830 BVs TCP ug /L 1 0 0.00016 2 83881 0.00016 3 99609 0.00016 Centaur BVs TCP ug /L 1 0 0.00016 2 12548 0.00016 3 25096 0.00016 4 37643 0.00043 5 50191 0.00093 6 62739 0.0026 7 81561 0.0039 8 87834 0.0048 9 100382 0.0057 F400 BVs TCP ug /L 1 0 0.00016 2 11440 0.00016 3 22880 0.00016 4 34320 0.00016 5 45760 0.00029 6 57200 0.00039 7 74360 0.0010 8 85800 0.0011 9 102961 0.0020 1240CAT BVs TCP ug /L 1 0 0.00016 2 13827 0.00016 3 27655 0.00037 4 41482 0.00027 5 55310 0.00033 6 69137 0.00049 7 82964 0.00072 8 103705 0.0018 Aquasorb CX BVs TCP ug /L 1 0 0.00016 2 12109 0.00016 3 24217 0.00016 4 36326 0.00016 5 48434 0.00016 6 60543 0.00073 7 72651 0.0011 8 84760 0.0018 9 102922 0.0036 Report Page 4 iw E'raapiaeeedng Performance Solutions Table 2. Test Method Iodine Number ASTM D4607 Ball Pan Hardness AWWA B604 BET Surface Area Instrument: Nova 3200e Apparent Density AWWA B604 Average Diameter AWWA B604 Table 3. Carbon ID Iodine Number (mg /g) Ball Pan Hardness (% Retention) Average Diameter (mm) BET Surface Area (m2 /g) Apparent Density (g /cc) Centaur 963 82.0 1.104 1070.0 0.62 F400 1182 83.7 1.054 1233.5 0.55 H PC -830 1192 71.2 1.470 1206.3 0.43 AC1230C 1219 87.5 1.186 1281.9 0.52 AC1230CX 1446 85.3 1.046 1574.9 0.41 1240CAT 1307 93.0 1.159 1302.8 0.53 AquaSorb CX 1166 91.6 1.085 1132.7 0.57 AquaSorb -MCA 1603 87.5 0.899 1618.6 0.44 NOTE: Please be advised that the information contained within this report is not definitive. Changes in water quality or activated carbon quality could influence the results presented above. In other words, seasonal changes in water quality could impact removal efficiencies. Additionally, the trends and performance depicted here are specific to this facility only and should not be considered representative of any other. Report Page 5 E'raapiaeeedng Performance Solutions References Crittenden JC, Reddy PJ, Arora H, Trynoski J, Hand DW, Perram DL, Summers RS. Predicting GAC performance with rapid small scale column tests. J AWWA 1991 83-1-77-87. Report Page 6 Performance Solutions gry, x 9 s°y 3 & S s 7 5 a 5 § £m w � '2 g 5 4 11 � C III �..... ti ti w ., ., ., ., ., ., » » »n n m., ., ., ., ., ., ., ., - - - - - - - - - - - -' 6 €' « m e v n n n n n n n n -- -- -- - Sddd n {3 3 F o u o u u o uddd u F o u a u u o uddd u 9 o u o 99 a� n x� ar o� �s A 5 �,,,,, - ,m,,,,,mH- H H'A --- --- , , HH- y Y Y Y Y - W - - - - - - - -§ C u 3 £ 6 3 3 3 u e= 11/15117 CC A PA CKt mom 11 It 111 H 11 H 11110 1111111111111111111111111 H 1111111111111111112 I In I I In I M nil u I I I I I I I IIIN HUM I a IIHM unumn ma I H WHIM 1 if! lit 11 u 11 if! 1111 HUM 1 if"Mit 11 H 1 in! 11 H 11 a if I III ar mi aS 11115117 CC AGENDA PACKET PG 338 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE F2 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE ---------- 2 s I ®I ss mI aS 11/15117 CC A GENDA PA CKET PG 34 0 I -- — — -- — — — — -- — — — — — — — — — — — — — — — - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- -T PG 341 III ss I -- — — -- — — — — -- — — — — — — — — — — — — — — — - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- -T PG 341 City of Bakersfield Terms and Conditions ACCEPTANCE: this Purchase Order becomes a contract subject to the terms, conditions set forth, and incorporated herein by reference. This purchase order is effective and expressly conditioned on supplier's assent to all terms and conditions on this purchase order that are additional to or different from those stated in suppliers' quotation or other offering documents. This purchase order represents the entire agreement between the parties. Any addition to, change in, modification of, or revision of this order shall not be binding unless expressed in writing by an authorized agent of the City of Bakersfield, hereinafter called "the City ". DELIVERY: All prices reflect F.O.B. the City unless otherwise stated herein. Since time is of the essence, deliveries are to be made in the quantities, and at the time specified herein. If supplier's deliveries fail to meet schedule, the City, without limiting its other rights or remedies, may direct expedited routing at no additional charge to the City or may cancel this order or any portion hereof. Supplier shall be liable to the City for all damages, losses, and liability incurred by the City, directly or indirectly, as a result of supplier's breach. Where the City has so authorized in writing, goods may be shipped F.O.B. Shipping Point, but supplier shall prepay all shipping charges and list said charges as a separate item on supplier's invoice unless otherwise specified herein. The City does not accept C.O.D. shipments. SUBSTITUTIONS: All substitutions, partial deliveries, and back orders require notification to, and the consent of, the Buyer whose signature appears on Page 1. PRICE: If price(s) is shown as NOT TO EXCEED or ESTIMATE, actual price(s) may not exceed the price shown on the front of this purchase order without the express authorization of the Buyer whose signature appears on Page 1 unless otherwise stated herein. PRICE WARRANTY: In the event supplier reduces the price(s) for article(s) during the term of this order, supplier agrees to reduce the price(s) hereof correspondingly. Supplier warrants that price shown on this Purchase Order shall be complete and no additional charges shall be added without express written consent of the Buyer whose signature appears on Page 1. SPECIAL CHARGES: Supplier shall be responsible for the payment of all charges for handling, shipping, packaging, wrapping, bags, containers, boxing, crating, labeling, customs duties, taxes, storage, insurance, and other related matters unless the City has assumed an express obligation therefore by notation elsewhere herein. TAXES: The City must pay State Sales Tax. The City is exempt from paying Federal Excise Taxes. A certificate will be furnished upon request INVOICES: Invoices shall be submitted to the City of Bakersfield Finance Department, 1600 Truxtun Avenue, Bakersfield, CA 93301. It is Supplier's responsibility to submit all invoices directly to the Finance Director rather than to the Purchasing or the using department and no invoice shall be considered due for payment until received by the Finance Director. The Purchase Order Number must appear on all correspondence associated with this order, i.e., invoices, packing slips, shipping containers and letters. Failure to state the Purchase Order Number may delay payment. DISCOUNT: Invoices against completed orders are paid by the City Finance Director after authorization by the appropriate City Department. If the City is entitled to cash discount, the period of computation thereof will commence on the date of acceptance of correct, undamaged goods or receipt of correctly completed invoice, whichever is later and NOT the date of the invoice. PAYMENT: Payment will be made, as stated on the face of this Purchase Order, after receipt of invoice and acceptance of goods and /or services. Payment of invoices shall not constitute acceptance of the goods and /or services and invoices shall be subject to adjustment for defect in quality or failure of Supplier to meet City terms and conditions and contract specifications, if any. CONFLICT IN TERMS: When the terms of a separate written agreement between supplier and City and the pre - printed terms on the back of this purchase order or the terms on the front of the purchase order conflict with the written agreement, the terms of the separate written agreement shall prevail. When the pre - printed terms on the back of this purchase order conflict with the terms of on the front of the purchase order, the terms on the front this purchase order shall prevail. WARRANTY: Suppliers expressly warrants that all goods and services shall conform to all specifications, drawings, and samples that may have been provided to the City. Goods and services shall be of good merchantable quality, free from material defect, of good workmanship and fit for the known purpose for which sold or provided. The cost of returning goods found to be otherwise shall be borne by the supplier. LIENS, CLAIMS AND ENCUMBRANCES: Supplier warrants and represents that all the goods when delivered hereunder, will be free and clear of all liens, claims, encumbrances and infringements of any patents, trademarks, copyrights or franchise rights. TERMINATION: The City may terminate this order, or any part hereof, for cause in the event of default by supplier, or if supplier fails to comply with any of the terms and conditions of this purchase order. Late deliveries, deliveries of defective products and /or non - conforming products and failure to provide the City, upon request, of responsible assurance of future performance, shall be sufficient cause allowing the City to terminate this order. In the event of termination for cause, the supplier shall be liable to the City for any and all damages sustained by reason of dd-It that gives rise to the termination. Acceptance of part of the order shall not obligate the City to accept later shipments and shall not affect its rights to return goods already accepted. FORCE MAJEURE: Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any government or any governmental agency, strikes (excepting strikes related to supplier's employees), fines, floods, earthquakes, accidents or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning period thereof. NON - DISCRIMINATION: The California Fair Employment Practices Act (Labor Code Sec. 1410 -1433) prohibits discrimination in employment on the basis of race, religion, color, gender, physical handicap, mental condition, marital status, age, national origin, or ancestry and is applicable to all employers, employment agencies, and labor organizations. Title VII of the Federal Civil Rights Act (42 U.S.C. 2000e- 2000e -17) prohibits employment discrimination on the basis of race color, gender, religion or national origin and applies to all employers that employ a minimum of fifteen (15) employees during each working day in each of twenty (20) or more calendar weeks in the current or preceding year. The City is an affirmative action employer and the City requires suppliers and contractors to comply with the applicable laws relating to equal opportunity employment. INSURANCE: Supplier, supplier's employees or persons under contract to supplier in the performance of services on City property, or property under the City's obligation, shall perform work as an independent contractor. Persons doing such work shall not be considered employees of the City. Supplier shall maintain, and require its subcontractors to maintain (1) Commercial General Liability and Property Damage Insurance, including contractual liability, both general and automobile, in amounts set forth in City policy and (2) Workers' Compensations Insurance. INDEMNIFICATION: Suppliers 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 supplier, supplier's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising form, 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. DEFAULT: In case of any default by the supplier of nay of the conditions of this contract, the supplier agrees that the City procure the articles or services from other sources and may deduct such costs form the unpaid balance due to the supplier, or collect against the bond or security, or may invoice the supplier for excess costs so paid. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. ASSIGNMENT: Assignment by supplier of the contract or any part thereof, or of funds to be received hereunder, will not be binding upon the City unless such assignment has had prior written approval and consent of the City. WAIVER: Failure on the part of the City to insist on performance of any terms or conditions herein, or to exercise any right or privilege or the City's waiver or any breach hereunder shall not thereafter waive any other terms, conditions, or privileges, whether the same or similar type. JURISDICTION: This agreement shall be administered and interpreted under the laws of the State of California, including but not limited to the Uniform Commercial Code. Jurisdiction of litigation arising from this agreement shall be in that state, County of Kern. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is conflict with said law, but the remainder of the agreement shall be in full force and effect STOCK: Stock furnished by the City to be used on this order shall be returned to the City free form damage from any cause and in accordance with all other terms and conditions of any bid or order. 1111-17,1117 CCAGENDA PACKETPG 34 Exhibit 6 .jacab SERVICES October 10, 2018 RE: City of Bakersfield 1,2,3- Trichloropropane Mitigation Project — Phase 1 Granular Activated Carbon (GAC) Media Procurement Proposal Jacobi Carbons appreciates the opportunity to quote on the City of Bakersfield's granular activated carbon requirements. Jacobi Carbons has supplied activated carbon for over 100 years and is the World Leader in activated carbon technology. Jacobi Carbons owns 5 activated carbon production facilities which will supply the activated carbon for this Project. Jacobi Carbons and Jacobi Services division are ready to supply the initial fills required for this proposal from our service center facility in Stockton, California. This facility is fully staffed and equipped to meet the required delivery time lines outlined in the RFQ dated October 2, 2017 for the 84 Phase 1 GAC vessels. The Jacobi Carbons product, Aquasorb CX 12x40, has completed the RSSCT Testing and proven to work effectively on the removal of 1,2,3 — TCP. Aquasorb CX 12x40 is a NSF approved activated carbon for drinking water applications and is widely used in the industry. Jacobi Carbon proposes the following pricing for full service supply and installation of the Aquasorb CX 12x40 carbon and shall include materials, equipment, labor, transportation costs, sales tax (7.5 %), fees and permits. First 42 vessels: 714 cubic feet of Jacobi Type Aquasorb CX 12x40 delivered to site $18,995.00 Taxes (7.25 %) $1,377.14 TOTAL $20,372.14 Each additional vessel after 42: 714 cubic feet of Jacobi Type Aquasorb CX 12x40 delivered to site $18,495.00 Taxes (7.25 %) $1340.89 TOTAL $19,835.89 Please feel free to contact me with any questions or concerns with this Proposal. Jacobi Carbons looks forward to working with all involved in this Project! Brian Wood Regional Manager Cell 435-315-5291 1�CO�� �� A �ROU� WE�8�H 0F 7H[ U�AKA GA� CH[W|0L� GROU� AlEubi ������N� L��U0U|�� iN Lj 432 McCormick Boulevard 1 216 546 -3900 �PaVI www.jacobi.net s uu ------------- i� — - - -� -- -- --- u��ll Jacobi Carbons, Inc. - - - - -- �_____ ___________ 1 � hllm Columbus, 01-143213 1 (215) 546 -9921 Jacobi United States infous@jacobi.net THE CARBON COMPANY Affidavit of Compliance AquaSorb CX Granular Activated Carbon To whom it my concern, this letter certifies that Jacobi Carbons, Inc. type AquaSorb CX Granular Activated Carbon conforms to the requirements and specifications set forth in the latest edition of AWWA standard B -604 at the time of delivery. In addition, Jacobi Carbons, Inc. type AquaSorb CX Granular Activated Carbon has been tested and certified under ANSI /NSF Standard 61 for Drinking Water System Components — Health Effects. Andrew McClure Technical Services Director .. . 11/15117 CC A GENDA PA CKET PG 346 uaSorbT"' CX Granular activated carbon for water treatment AquaSorblm CX is a high activity granular activated carbon manufactured for high purity water production. Its large micropore volume makes it particularly well suited for the removal of low molecular weight organic compounds and their chlorinated by- products such as chloroform and other trihalomethanes (THMs). It is also ideally suited for the removal of oxidizing agents such as chlorine and ozone from water. An important feature of this material is its superior mechanical hardness and the extensive dedusting during its manufacture ensures an exceptionally clean activated carbon product. AquaSorblm CX is available in a range of particle sizes to meet all hydraulic requirements. L @ii;, SPECIFICATION* Iodine number min. 1100 mg /g Moisture content (as packed) max. 5% Total ash content max. 4% Ball -pan hardness min. 98% Apparent density min. 430 kg /m3 TYPICAL PROPERTIES* Surface area (BET) 1 150 mz /g Apparent density 520 kg /m3 Apparent density, backwashed and drained 450 kg /m3 Dechlorination halving value (12x40 mesh) 3.1 cm PARTICLE SIZE (mesh) 20x50 12x40 10x20 8x30 8x16 Oversize <5% <5% <5% <5% <5% Undersize <4% <4% <4% <4% <4% Effective size 0.4 mm 0.6 mm 1.0 mm 1.0 mm 1.2 mm Mean particle diameter 0.5 mm 1.0 mm 1.4 mm 1.4 mm 1.9 mm Uniformity co- efficient <1.6 <17 <17 <1.6 <1.4 THE INFORMATION SUPPLIED ABOVE IS BASED ON ANALYSIS OF PRODUCTION TREND OVER T14E PREVIOUS SIX - MONTHS AND IS SUBJECT TO CHANGE WITHOUT NOTICE SHOULD FUTURE TRENDS BE ADJUSTED. 11115 Features and Benefits • High content of micropores • Maximum hardness • Low dust and turbidity • High organic (THM) capacity • High volume activity • Rapid dechlorination • Effective removal of ozone Available Particle Sizes • 20x50 mesh (0.425 - 0.85 mm) • 12x40 mesh (0.425 - 1.70 mm) • 10x20 mesh (2.00 - 0.85 mm) • 8x30 mesh (0.60 - 2.36 mm) • 8x16 mesh (1.18 - 2.36 mm) • Other granulations available upon request Certifications and Approvals • AWWA B604 -05 • EN12915 • NSF Std. 61 • Halal certified • Kosher certified Standard Packaging • 25 kg bag (55 lb) • 500 kg bulk bag (1 100 lb) BED 50 EXPANSION °`0 45 DURING 40 BACKWASH �- w 35 30 25 0 5 °C 20 e 10 °C 15 ......AA.— 15 °C 10 X 20 °C 5 a 25 °C 0 0 5 10 15 20 25 30 35 40 Superficial velocity of water (m /h) DOWNFLOW o. a0 PRESSURE 1 70 LOSS 60 E 50 E 40 0 5 °C O¢ 30 m 20 - - -"41— 15 °C X 20 °C a 10 a............ 25 °C 0 BED 50 EXPANSION °0 45 DURING o 40 BACKWASH �++ 35 30 25 .yIW ............. 5 °C 20 ............. 10 °C 15 - - -A— 15°C 10 X 20 °C 5 e ° 0 5 10 15 20 25 30 Superficial velocity of water (m /h) 25 C o IS 0 5 10 15 20 25 Superficial velocity of water (m /h) DOWNFLOW 4 100 PRESSURE 90 LOSS e0 O ]0 E 60 E 50 u .e ............. 5 °C a 40 O ............. 10 °C o 30 20 20 °C ate`- 10 .e ............. 25 °C 0 BED EXPANSION o I DURING 40 BACKWASH g w 35 30 25 IIIIIIIII 5 °C 20 C 10 °C 15 - -- — 15°C 10 X 20°C 5 e 25°C IIIVWUIIII/?,�iG:,; - + ujr' � um r' / r' ii /' IY� 25 C o IS 0 5 10 15 20 25 Superficial velocity of water (m /h) DOWNFLOW 4 100 PRESSURE 90 LOSS e0 O ]0 E 60 E 50 u .e ............. 5 °C a 40 O ............. 10 °C o 30 20 20 °C ate`- 10 .e ............. 25 °C 0 BED EXPANSION o I DURING 40 BACKWASH g w 35 30 25 IIIIIIIII 5 °C 20 C 10 °C 15 - -- — 15°C 10 X 20°C 5 e 25°C IIIVWUIIII/?,�iG:,; - + ° 0 5 10 15 20 25 30 35 40 Superficial velocity of water (m /h) DOWNFLOW s 80 PRESSURE 70 LOSS � 60 E � 50 E 40 111111111 . 5 °C 30 C' 10 °C o v 20 - - -A— 15°C X 20°C ate`. 10 .e ............. 25°C 0 0 5 10 15 20 25 30 Superficial velocity of water (m /h) PRODUCTION CAPABILITY The Jacobi Carbons Group of companies owns and operates manufacturing facilities in nine countries around the world. We produce in excess of 70,000 metric tonnes of high quality activated carbons based on coconut shell, coal and wood, by both chemical and steam (physical) activation methods. Our facilities are state -of- the -art, and are the most modern production units of their type. Intensive investment in these has ensured that products are manufactured to the most exacting quality standards demanded by our customers. 0 5 10 15 20 25 30 Superficial velocity of water (m /h) �w.. For more information or to contact Jacobi visit: n wj co11A. 1P BE 4 r' / ii /' IY� ° 0 5 10 15 20 25 30 35 40 Superficial velocity of water (m /h) DOWNFLOW s 80 PRESSURE 70 LOSS � 60 E � 50 E 40 111111111 . 5 °C 30 C' 10 °C o v 20 - - -A— 15°C X 20°C ate`. 10 .e ............. 25°C 0 0 5 10 15 20 25 30 Superficial velocity of water (m /h) PRODUCTION CAPABILITY The Jacobi Carbons Group of companies owns and operates manufacturing facilities in nine countries around the world. We produce in excess of 70,000 metric tonnes of high quality activated carbons based on coconut shell, coal and wood, by both chemical and steam (physical) activation methods. Our facilities are state -of- the -art, and are the most modern production units of their type. Intensive investment in these has ensured that products are manufactured to the most exacting quality standards demanded by our customers. 0 5 10 15 20 25 30 Superficial velocity of water (m /h) �w.. For more information or to contact Jacobi visit: n wj co11A. 1P BE 4 you 0 III a E wwwww Liu x m x 0 0 U 0 S .0 Ln -0 C CI uj uj Ob ro 'n 'n uj 0 m -o u) m .2 Li '. z 0 rA (L) o z = " m x 3 o Lu be Wm m E m 0 (qjdap p@q to w/ 6 m wo) dojp @jnss@ld (qjdap paq;o 11 /6'M qoul) dojp ainssaJd bA 0 0 u- m 0 E cm E a nvn 0 a) > in L N m a I a 0 E 0 0 0 0 in 0 (D uoisuedx3 11/15117 CC A GENDA PA CKET PG 34 9 Jacobi Carbons, Inc. 432 McCormick Boulevard Columbus, Old 43213 United States 1 (215) 546 -3900 Vq, www.jacobi.net 1 (215) 546 -9921 infous @jacobi.net TERMS AND CONDITIONS OF SALE 1�pm m�"rrrgw�„ I' Ill�lpjtljlm $p��llllll� -Jacobi THE CARBON COMPANY 1.AGREEMENT 1.1 These terms and conditions of sale (these "Terms ") are the only terms which govern the sale of the goods ( "Goods ") by the "Seller' and the "Buyer' named in this Agreement. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. Terms defined herein are capitalized. Except as otherwise specified in the Terms, no other conditions shall be applicable to these Terms or otherwise accepted by Seller. All other terms and conditions are hereby expressly rejected. Seller's acceptance of Buyer's offer to purchase or Buyer's purchase order is expressly made conditional on Buyer's assent to Seller's Terms as set forth herein and the rejection of any other terms. 1.2 The accompanying confirmation of sale (i.e. quotation or invoice) (the "Sales Confirmation' and these Terms (collectively, this "Agreement')) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. 1.3 Acceptance by Buyer of Good(s) or payment for same shall constitute unequivocal acceptance of the terms and conditions contained herein. None of any past practice, industry standards, course of dealing or usage of trade shall constitute a modification of any term or condition contained herein, nor shall same add any term not contained herein. 2. DELIVERY 2.1 The Goods will be delivered within a reasonable time after the receipt of Buyer's purchase order, subject to availability of finished Goods. Seller shall not be liable for any delays, loss or damage in transit. Buyer will provide to Seller written, detailed shipping instructions within a reasonable time prior to shipment. Buyer will be responsible for any increased costs or delays in delivery resulting from Buyer's failure to supply such instructions in a timely manner. 2.2 Buyer may not withhold payment in the event of delay caused by Buyer. 2.3 Seller shall not be required to deliver in any month more than the monthly quantity specified, or if no monthly quantity is specified, more than the monthly pro rata amount of the maximum annual quantity specified. 2.4 If applicable, for domestic transactions and unless otherwise agreed in writing by the parties, Seller shall deliver the Goods to the Buyer - specified destination (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods, which shall include a Seller- specified carrier for shipping. Buyer shall take delivery of the Goods within five (5) days of Seller's written notice that the Goods have been delivered to the Delivery Point. Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point. 2.5 If applicable, for international transactions, all shipments of Good(s) shall be made CPT (as defined by Incoterms@ 2010) Buyer - specified destination, export clearance when applicable arranged by Seller and import clearance when applicable arranged by Buyer, unless otherwise agreed in writing by the parties. 2.6 All specified delivery dates refer to the completion of manufacture and availability for shipment of Good(s) and are Seller's best estimates. Seller reserves the right to modify the delivery dates with notice to Buyer. 2.7 Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order. 2.8 If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licences or authorizations: (i) risk of loss to the Goods shall pass to Buyer, (ii) the Goods shall be deemed to have been delivered, and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 2.9 Title and risk of loss passes to Buyer upon delivery of the Goods at the Delivery Point (or pursuant to delivery under CPT (as defined by Incoterms@ 2010), if applicable). 2.10 The quantity of any installment of Goods as recorded by Seller on despatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. 2.11 The Seller shall not be liable for any non - delivery of Goods (even if caused by Seller's negligence) unless Buyer gives written notice to Seller of the non - delivery within 30 days of the date when the Goods would in the ordinary course of events have been received. 2.12 Any liability of Seller for non - delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. 2.13 In the event Buyer is unable to take delivery of any shipment or refuses delivery of a scheduled shipment, Seller will store the shipment at Buyer's sole risk and expense and payment for such delayed shipment shall immediately become due. 2.14 Buyer warrants there will be no diversion of any shipment that is a) contrary to any applicable law, b) for resale and /or transfer to any party not a party to this Agreement unless approved in writing by Seller; or c) for shipment or use outside of the U.S., unless approved by Seller in writing, and if so approved, Buyer warrants it will comply with all applicable laws, restrictions and regulations of the U.S. and other governments, including without limitation, the Export Administration Regulations, as amended, the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the Office of Foreign Asset Control Regulations. 2.15 In instances of bulk carload, tank truck or tank car shipments, shipper's weights, certified to by sworn weighmaster, shall govern. Unless otherwise specified, PACKING shall be Seller's standard packing. 2.16 If Seller's railcars are utilized, Buyer shall use railcars only for transport of Good(s) from Seller to Buyer's facilities and /or transfer and discharge of Good(s) at Buyer's facilities ( "Destination'). Buyer is allowed maximum free time of fifteen (15) consecutive days for each railcar following the first 7:00 a.m. after the agreed to and scheduled date of arrival of the loaded railcar at the Destination ( "MFT'). Unless there is a delay caused by Seller, Buyer will pay Seller a daily rental charge per railcar of $35 for each full day in excess of MFT until Buyer returns the railcar to the railroad. Such charge will be in addition to any demurrage charge levied by any third Party transportation company such as, but not limited to, railroad railcar storage charge. Payment will be due and payable upon receipt of an invoice specifying such car, period and charges. Buyer agrees to deliver the railcars in a safe condition, in good repair, in the same condition as when first received, and completely evacuated. Buyer shall return every railcar to the railroad at Destination or to reasonable location(s) designated in writing by Seller. Buyer shall report to Seller promptly in writing all loss or damage that may be sustained by any railcar or its tanks. Buyer shall visually inspect the railcars' exterior(s) before return. Buyer is not responsible for any damages to railcars unless such damage results from Buyer's fault, willful misconduct or gross negligence. If Buyer is responsible, all railcar repair shall be for Buyer's account. Buyer will facilitate such repairs upon mutual agreement. Buyer agrees that in the event any railcar is ordered by Buyer to be loaded at less than a volume of 180,000 pounds, Buyer shall be required to pay deadfreight at the actual rate charged by the carrier. IP 11/15/17 CC A GENDA PA CKET PIS 350 T a nl lq tl' n �m! lll tn IljVmllu �, Jacobi THE CARBON COMPANY 3. INSPECTION AND REJECTION OF GOODS 3.1 Buyer shall inspect the Goods within fifteen (15) days of receipt ( "Inspection Period'). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. "Nonconforming Goods" means only the following: (i) product shipped is different than identified in Buyer's purchase order, or (ii) product's label or packaging incorrectly identifies its contents. 3.2 If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price (as defined below) for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller's facility, as specified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. 3.3 Buyer acknowledges and agrees that the remedies set forth in Section 3.2 are Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3.2, all sales of Goods to Buyer are made on a one -way basis and Buyer has no right to return Goods purchased under this Agreement to Seller. 4. FORCE MAJEURE 4.1 Neither party shall be held responsible for any loss, damage, delay or lack of delivery arising from fire, strikes, lockouts, injunction or other labor troubles, governmental intervention including prohibition or extraordinary taxation upon import or export, war, riots, acts of terrorism, explosion, weather, flood, acts of God or nature; inability to obtain on terms acceptable to Seller or a shortage of, fuel, power, raw materials, labor, containers or transportation, accident, breakage of machinery or other apparatus; disruption of normal supplier channels of distribution; or any other act or force beyond the affected party's reasonable control. 4.2 Buyer may cancel, without liability, deliveries suspended for at least thirty (30) days by Seller for reasons stated in the previous section, but the Agreement shall otherwise remain in effect. 4.3 Seller reserves the right to allocate and fairly apportion Good(s) among its internal and external customers during force majeure events in any manner Seller, in its sole discretion, deems appropriate. 4.4 Seller shall have no obligation to acquire by purchase or otherwise any Good(s) that Seller is unable to supply to Buyer due to force majeure events. 5. WARRANTY 5.1 Seller warrants to Buyer that such Goods will conform only to Buyer's specifications for same, unless otherwise agreed to herein. This warranty applies only to the original purchaser of the Good(s). 5.2 EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 5.1, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 5.3 Products manufactured by a third party ( "Third Party Product ") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 5.1. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY GOOD, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 5.4 The Seller shall not be liable for a breach of the warranty set forth in Section 5.1 unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within thirty (30) days of the time when Buyer discovers or ought to have discovered the defect, (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods are defective. 5.5 The Seller shall not be liable for a breach of the warranty set forth in Section 5.1 if: (i) Buyer makes any further use of such Goods after giving such notice, (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller. 5.6 With respect to the Goods, Buyer's sole and exclusive remedy and Seller's sole liability for claims of breach of warranty shall be Seller's choice of either (a) repair or replace such Goods (or the defective part) or (b) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller. 5.7 Seller assumes no liability for any errors that are caused by the inaccuracy or incompleteness of Buyer - supplied data. 5.8 Buyer assumes all risk for misuse of the Good(s). 6. TERMINATION FOR DEFAULT In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) commits a material breach of this Agreement, and such failure continues for thirty (30) days after Buyer's receipt of written notice, provided that during such notice period, Buyer shall have the opportunity to cure its default; or (ii) Buyer becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. If Buyer is in default, Seller may suspend shipments during such cure period without liability. 7. LIMITATION OF LIABILITY 7.1 IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 7.2 IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER. 7.3 The limitation of liability set forth in Section 7.2 above shall not apply to (i) liability resulting from Seller's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller's acts or omissions. Page 2 of 4 11/15/17 CC A GENDA PA CKET PIS 351 a nq tl' n �'m lll �n IljVmlllu ln, RNIIIIII Jacobi THE CARBON COMPANY 8. INDEMNIFICATION 8.1 Seller will defend, indemnify, and hold harmless Buyer and its subsidiaries, affiliates and agents, and their respective officers, directors, shareholders, and employees (collectively "Buyer Indemnitees ") from and against any and all loss, cost, expense, damage, claim, demand or liability, including reasonable attorneys' fees and costs and the cost of settlement, compromise, judgment or verdict incurred by or demanded of a Buyer Indemnitee arising out of, resulting from or occurring in connection with (a) gross negligence, omission or willful misconduct of Seller, its employees, representatives, agents or sub - contractors relating to the Goods or (b) breach of the Agreement by Seller. In no event will Seller enter into any settlement without Buyer's prior written consent, which will not be unreasonably withheld. 8.2 Buyer will defend, indemnify, and hold harmless Seller and its subsidiaries, affiliates and agents, and their respective officers, directors, shareholders, and employees (collectively "Seller Indemnitees ") from and against any and all loss, cost, expense, damage, claim, demand or liability, including reasonable attorneys' fees and costs and the cost of settlement, compromise, judgment or verdict incurred by or demanded of a Seller Indemnitee arising out of, resulting from or occurring in connection with Buyer's (a) gross negligence, omission or willful misconduct of Buyer, its employees, representatives, agents or subcontractors relating to the Goods or (b) breach of the Agreement by Buyer. In no event will Buyer enter into any settlement without Seller's prior written consent, which will not be unreasonably withheld. 8.3 Each party will notify the other party of any proceeding or claim involving the Goods of which it becomes aware. Buyer may participate in any such proceedings at its expense and Seller will keep Buyer apprised of all major developments. 9. LAWS 9.1 This Agreement shall be construed, interpreted and controlled by the laws of the State of Ohio, and all claims arising out of or related to the parties' relationship created by this Agreement, whether in contract, tort or otherwise, shall be governed and decided pursuant to the laws of the State of Ohio, including Ohio's statutes of limitations but not including its choice of laws rules. Buyer agrees to subject itself to the courts of said jurisdiction and that such venue shall be exclusive regarding disputes arising out of this Agreement. 9.2 Buyer shall comply with all applicable laws, regulations and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by Buyer. Buyer assumes all responsibility for shipments of Goods requiring any government import clearance. Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on Goods. 10. PRICES; PAYMENT TERMS 10.1 Unless otherwise stated herein, payment terms shall be Net Thirty (30) Days from the date of Seller's invoice (the "Payment Terms "), and all payments by Buyer shall be made by wire transfer, cash, check or other payment method in U. S. dollars. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller's income, revenues, gross receipts, personnel or real or personal property or other assets. "Price" shall mean the price for the Good(s) as set forth in this Agreement. 10.2 Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof. 10.3 Buyer shall not withhold payment of any amounts due and payable by reason of any set -off of any claim or dispute with Seller, whether relating to Seller's breach, bankruptcy or otherwise. 10.4 Seller may revise the Price, Payment Terms and shipping terms by written notice dispatched not less than thirty (30) days prior to the effective date of such change. Failure of Buyer to provide written objection to such change within fifteen (15) days of receipt of notice from Seller shall be considered acceptance of such change. 10.5 If in the sole judgment of Seller, Buyer's financial ability to perform hereunder is altered, Seller reserves the right, among any other right or remedy, to change Payment Terms, require full or partial advance payment or to cancel any outstanding order, without liability. 10.6 Any discount or rebate provided for in this Agreement shall be accounted for exclusively on the basis of sales made to Buyer. 10.7 Notwithstanding any other provision in this Agreement or elsewhere to the contrary, Seller shall have the unilateral right to pass on to Buyer all fuel, freight, energy and /or similar surcharges. 10.8 Should Buyer at any time any shipment is due under this Agreement receive a bona fide offer from another supplier at a lower price on equivalent or substitutable material of equal quality, in like quantity as the shipment involved, Buyer shall first provide written proof (reasonably satisfactory to Seller) of same and Seller shall then either supply such shipment at the lower price, or (if applicable) permit Buyer to purchase the specified quantity elsewhere, and the quantity so purchased elsewhere will be deducted from the minimum quantity that Buyer is required to purchase under this Agreement, however, this Agreement shall otherwise remain unaffected. Adjustments resulting from the Seller's having met a good faith offer from another supplier will be made with Buyer within thirty (30) days. 10.9 All Prices in this Agreement are exclusively for Goods sold directly to Buyer or Buyer's agent by Seller. 10.10 Seller shall retain a purchase money security interest in the Good(s) sold hereunder until all payments (including deferred payments, whether evidenced by notes or otherwise) shall have been received in full by Seller and, if requested in writing to do so, Buyer agrees to do all acts necessary to perfect and maintain such security interest in Seller. 11. PROPRIETARY INFORMATION 11.1 Any information disclosed by Seller to Buyer incident to the performance of this Agreement, including but not limited to information related to pricing, volumes or the financial terms of this Agreement and the existence of the Agreement itself is disclosed in confidence for the sole and exclusive use of Buyer. Buyer shall not publish or otherwise disclose such information to others without the express written consent of Seller. Upon Seller's request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. 11.2 Nothing herein shall limit the Buyer's right to disclose any information provided by the Seller hereunder which a) was furnished by the Seller prior to this Agreement without restriction; b) legitimately becomes knowledge available within the public domain, or c) is received by Buyer from a third party without restriction and without breach of this or any other Agreement. 11.3 In the absence of a signed agreement to the contrary, no information disclosed by Buyer to Seller shall be considered confidential. 12. AUTHORIZED MOLDERS "Authorized Molder' shall be defined as a third party entity designated solely by Buyer as authorized to purchase Good(s) from Seller during the term of the Agreement, by and on behalf of Buyer pursuant to the Terms set forth herein. If Seller, in its sole judgment, elects to sell Good(s) to an Authorized Molder, Buyer agrees to enter into a written agreement with such Authorized Molder that obligates Authorized Molder to (i) be bound by and comply with the Terms set forth herein, and (ii) to use Good(s) purchased by Authorized Molder hereunder solely for the manufacture of products /components for Buyer. At Seller's request, Buyer shall provide Seller with a copy of such written agreement. All Authorized Molder must be listed on a list attached to the Terms hereto. Such list may be revised by Buyer from time to time by written notice to Seller. Page 3 of 4 11/15/17 CC A GENDA PA CKET PIS 352 Ta'nmg, V��'mntl!Illllu jl�n,Vlllm�lln iM Jacobi THE CARBON COMPANY 13. ADDITIONAL TERMS 13.1 This Agreement may not be assigned by either party to any other party without the prior written consent of the other party hereto, provided, however, that (a) Seller may assign its rights and obligations hereunder to any Affiliate of Seller by written notice to Buyer, and (b) Seller may assign its rights and obligations hereunder, by written notice to Buyer, to a third party successor or transferee (whether by merger, consolidation, purchase or otherwise) of either (1) all or substantially all of the assets of Seller or (2) all or substantially all of the assets of the particular division of Seller identified in this Agreement. "Affiliate" shall mean, with respect to a party, any individual, corporation or other business entity that, either directly or indirectly, controls such party, is controlled by such party, or is under common control with such party. "Control' means possession of the power to direct, or cause the direction of the management and policies of a corporation or other entity whether through the ownership of voting securities, by contract or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. 13.2 Return of Good(s) for any reason whatsoever shall require prior written approval of Seller. 13.3 Buyer warrants that it has no knowledge that any Good or part of any Good will be utilized in any type of a) nuclear use whatsoever, b) weapons systems or other similar military use, or c) medical, food processing or FDA regulated use, and will notify Seller in writing immediately upon obtaining such knowledge. 13.4 Buyer represents and warrants that a) it understands the nature and characteristics of the Good(s) and any hazards associated with its use b) it will adequately instruct and warn all persons, including all third parties, who may come in contact with, or be in the vicinity of, the Good(s) in the proper safe use and handling of the Good(s); c) it is not relying upon any representation, statement or other assertion made by Seller or its representatives or agents, with respect to the suitability of the Goods) for any purpose and that Buyer has made its own independent inquiry and testing and has formed an independent opinion concerning the suitability of the Good(s) for the end use, conversion or application intended; and d) it will not assert any claim against Seller or hold Seller liable, with respect to any information, testing or design furnished, or failure to be furnished, by Seller, including, without limitation, technical advice or recommendations. Seller assumes no obligation or liability for any technical assistance rendered incident to this Agreement. Appropriate literature has been assembled which provides information concerning the health and safety precautions that must be observed when handling Goods. Before working with Goods, Buyer must read and become familiar with the available information on Good hazards, proper use, and handling. This cannot be overemphasized. Information is available in several forms. Consult Seller representative for additional information. 13.5 Buyer acknowledges that Good(s) may not meet applicable government procurement requirements and that Seller may not be able to provide information required by government procurement regulations, and Seller shall have no liability whatsoever with respect to any requirements relating to, or arising from, any government procurement regulations, unless first agreed to in writing, signed by an authorized representative of Seller. 13.6 No type of contractual obligation between Buyer and its customer(s) shall be applicable to, or create any liability with respect to, Seller, whether via "pass- through ", flow- down" or otherwise, and Buyer shall not otherwise represent to its customer(s) such purported Seller liability. 13.7 Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms, including, but not limited to, the following sections: Sections 7, 8, 10 and 12. 13.8 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 13.9 No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 13.10 Except as otherwise expressly provided, this Agreement supersedes all prior agreements, understandings or otherwise, whether oral or written, between Buyer and Seller concerning the subject matter of this Agreement. 13.11 Buyer and Seller expressly agree and acknowledge that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement. 13.12 Seller's acceptance of a) payment, or b) specially endorsed checks shall not waive or limit any right or remedy of Seller. 13.13 The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and n either party shall have authority to contract for or bind the other party in any manner whatsoever. 13.14 This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. 13.15 All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a "Notice') shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre - paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. 13.16 All headings herein are for reference only. Page 4 of 4 11/15/17 CC A GENDA PA CKET PG 353 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ( "Agreement ") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY ") and EVOQUA WATER TECHNOLOGIES, LLC ( "CONTRACTOR "). RECITALS WHEREAS, the State Water Resources Control Board Division of Drinking Water (DDW) recently adopted a new maximum contaminant level (MCL) of 5 parts per trillion for the synthetic organic chemical 1,2,3- Trichloropropane (TCP); and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP levels exceeding the MCL; and WHEREAS, the CITY adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System; and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of providing granular activated carbons for TCP removal. WHEREAS, the CITY desires to employ CONTRACTOR to provide granular activated carbon to City -Owned Water Wells affected by TCP ( "Project" herein) as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide granular activated carbon for TCP removal for 18 vessels as part of the TCP Mitigation Project. CONTRACTOR shall provide granular activated carbon type 1230C for 16 vessels and 1240CAT for 2 vessels in accordance to the pricing schedule referenced within Exhibit B. The Scope of Work shall include all items and INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 1 of 10 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 /PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ( "Compensation "): A total not to exceed payment of $454,258.66 after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONTRACTOR within 30 days after CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $454,258.66 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2018. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 2 of 10 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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. 12. 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. 13. 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. 14. 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 INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 3 of 10 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. 15. 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. 16. INSURANCE. 16.1 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 "). 16.1.1 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. 16.1.2 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: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 4 of 10 16.1.3 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 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. 16.2 General Provisions Applying to All Insurance Types. 16.2.1 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. 16.2.2 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 INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 5 of 10 insurance and must not contribute with it. 16.2.3 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. 16.2.4 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. 16.2.5 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. 16.2.6 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. 16.2.7 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. 17. 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. INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 6 of 10 18. 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. 19. 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. 20. 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. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. 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. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 7 of 10 effective as such. 24. 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. 25. 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. 26. 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. 27. 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. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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: INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 8 of 10 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: EVOQUA WATER TECHNOLOGIES, LLC 14250 GANNET STREET LA MI RADA, CA 90638 (714) 228 -8800 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 9 of 10 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 JOSHUA RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ARTHUR CHIANELLO, P.E. Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" EVOQUA WATER TECHNOLOGIES, LLC By: Print Name: Title: Attachment: Exhibit A - Request for Proposal Exhibit B - CONTRACTOR Proposal INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Evoquo Agreement.Docx Updated - September 11, 2017 Page 10 of 10 ON WIN. I LAG I I Wkk I An Employee Owned Company October 2, 2017 Exhibit A 286 W. Cromwell Avenue Fresno, CA 93711 -6162 Tel: (559) 449 -2700 Fax: (559) 449 -2715 www.ppeng.com RE: City of Bakersfield 1,2,3 - Trichloropropane Mitigation Project — Phase 1 Granular Activated Carbon (GAC) Media Procurement Proposal Guidelines The City of Bakersfield (City) is proceeding with a project to mitigate 1,2,3- Trichloropropane (TCP) contamination of many of the City's wells. The first phase of the mitigation project involves the construction of granular activated carbon (GAC) wellhead treatment plants at twenty -four (24) well sites. These treatment plants will include a total of eighty -four (84) 714 ft3 capacity GAC vessels. The City has contracted with Provost & Pritchard Consulting Group to prepare plans and specifications for the required improvements and to assist with procurement of the initial load of GAC media. W. M. Lyles Co. is also engaged by the City to assist in this process and will be the Design - Builder on the project. It is the City's intent to enter into a contract with one or more activated carbon suppliers to provide the initial load of activated carbon for all 84 Phase 1 GAC vessels. All vessels will be operated in pairs in a series (i.e. lead -lag) configuration. Contract(s) for future carbon changeouts will be issued through a separate request for proposal (RFP) at a later date. Of the 84 vessels to be loaded, four (4) vessels will require catalytic carbon suitable for sulfide removal treatment incorporating supplemental oxygen addition. The catalytic carbon will be installed only in the lead vessels at the applicable sites. The City recently conducted a rapid small -scale column test ( RSSCT) study with the intent to rank carbon performance for this procurement. It was anticipated that adjustment factors would be developed to allow the City to select the best value carbon considering both price and performance. The RSSCT study results are included as an attachment to this RFP. It is noted that the bed volumes at termination of the RSSCT were not sufficient to capture carbon breakthrough at the maximum contaminant level concentration of 5 parts per trillion (0.005 fag /L). Furthermore, the carbon performance observed in the RSSCT study does not correlate well with full -scale performance at existing nearby GAC treatment plants, which predict no better than approximately 70,000 BV to breakthrough at the MCL. For the reasons described above, the City has decided not to use the RSSCT to apply strict numerical scaling to carbon bid prices at this time. Instead, the City will likely select multiple carbons provided by one or more suppliers to install at various GAC sites throughout the City's system. At sites where multiple treatment trains are installed in parallel, the City will install different carbons in each series vessel pair. Monitoring the full -scale performance of the different carbons installed side -by -side will allow the City to establish scaling factors for use in the future resupply contract. The final decision of which carbons to purchase for the initial load will be based on factors including: • The supplier's ability to support the project schedule • The relative bid prices • The relative carbon performance predicted by the RSSCT G:\Bakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 2of3 • Whether it appears likely that product cost differences will be compensated for by differences in performance The following guidelines must be followed by suppliers interested in supplying GAC. 1) The enclosed carbon procurement documents are being distributed to suppliers on October 2, 2017. 2) Proposals are due by October 11 th, 2017 at 4:00 PM. Proposals will be accepted up to the deadline either in hard copy form delivered to 286 W. Cromwell Ave., Fresno, CA 93711 or in electronic form e- mailed to kberryhill(a-)_ppeng.com. If a proposal is submitted by e-mail, the identical hard copy must be received at the above street address no later than 5:00 p.m. Friday October 131H 3) Send written questions via email to Kevin Berryhill of Provost & Pritchard (kberryhiI I(d)-ppeng.com). 4) The City anticipates making a selection of supplier(s) and awarding at the November 1St 2017 City Council meeting. 5) Proposals and terms must comply with the attached GAC specification. 6) Each supplier is invited to submit proposals for one or more carbons provided that the carbon was included in the RSSCT study. Any requests to substitute alternative carbons not included in the RSSCT shall be made prior to submitting a proposal. 7) Since the City has not decided if or how the bid award will be split between the carbon products, the suppliers may choose to establish a cost scale (price points) for each carbon based on the number of 714 ft3 loads ordered. 8) Performance guarantee: a. No long -term 1,2,3- Trichloropropane performance guarantee is being enforced b. Refer to the specification for other warranty terms. 9) Schedule: a. The enclosed schedule represents the latest TCP mitigation project schedule. b. The supplier shall assume that carbon delivery for each site shall occur on the date the "Testing and Startup" task begins. The Supplier's price shall be valid for a period no less than one month beyond the forecasted scheduled delivery dates and the Owner reserves the right to change the order in which the well sites receive deliveries. GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 3of3 c. The proposal shall clearly describe any supply limitations for each product (e.g. it may not be possible to meet the schedule if certain specialized carbons are selected). 10) Liquidated Damages: To the extent that delay(s) in GAC delivery result in a delay in meeting the project Group 1 and Group 2 completion dates (April 5th and May 23 d, 2018 respectively), liquidated damages of $10,000 /calendar day will apply. 11) Pricing: a. Pricing shall be all- inclusive for full service supply and installation of the carbon and shall include materials, equipment, labor, transportation costs, sales tax (City sales tax is 7.25 %), fees, permits, etc. 12) The City of Bakersfield's Terms and Conditions are enclosed for reference. The supplier shall describe any concerns or issues related to the Terms and Conditions in their proposal. Respectfully, Kevin Berryhill, P.E. Principal Engineer Enclosures: 1. GAC Specification 2. RSSCT Results 3. Preliminary Project Schedule 4. Terms and Conditions GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx a � a +► a +► • r, SECTION 433283 GRANULAR ACTIVATED CARBON PART 1 - GENERAL A. Description This section describes manufacture, delivery and installation of granular activated carbon (GAC) for removal of 1,2,3 - trichloropropane (TCP) at City of Bakersfield, California municipal drinking water wells. B. Work to be Included 1. The supplier shall be responsible for the following: a. Procurement of GAC b. Delivery of GAC to the project site C. Furnishing all air compressors, hoses, fittings, etc. required for slurry transfer of the carbon from the delivery truck into the GAC vessels. d. Slurry transfer (i.e. installation) of the GAC into the GAC vessels 2. The following work will be completed by others: a. Supply and installation of GAC treatment vessels and appurtenances; b. Disinfection of GAC vessels and associated piping prior to installation of carbon; C. All water quality analyses described in this specification; d. Soaking and backwashing of the carbon after installation C. Standards: 1. Unless otherwise noted, all materials and services contained in this specification shall comply with the latest edition of AWWA B604. D. Supplier's Qualifications 1. The Supplier shall include in their proposal documentation describing their carbon supply and delivery experience and facilities. Sufficient information shall be provided to assure the Owner that the Supplier can fulfill its obligations under the contract. E. Submittals 1. The Supplier shall submit the following information with their proposal: a. Pricing per 714 ft3 load (volume after soaking and initial backwashing) b. Delivery schedule based on the preliminary project schedule included in the RFP C. Standard product datasheets including typical ranges of: Granular Activated Carbon 433283 -1 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 367 (1) Particle size (2) Apparent density; (3) Iodine number (4) Ball Pan hardness; (5) Peroxide number (for catalytic carbons) d. Temperature- specific media downflow pressure drop curves and backwash bed expansion curves (per product) e. NSF -61 certification f. Description of GAC supply chain including describing where the carbon will be shipped from; how much of the applicable carbon type is typically stockpiled and at what location and a description of the Supplier's delivery truck fleet. 2. The Supplier shall submit the following information prior to delivery of the GAC: a. Soaking and backwashing instructions b. A list of site features and Owner activities required to support carbon delivery C. Test Reports - The following test reports shall be provided: (1) The Supplier's laboratory analysis for the lot of virgin GAC provided. The procedure for sampling, analysis, and reporting is specified as follows: (a) The certified laboratory selected by the Supplier shall analyze the material based upon the requirements of these specifications. Testing methods shall be in accordance with Section 4 (Testing Methods) of the AWWA Standard for Granular Activated Carbon (AWWA B604), the Food Chemical Codex protocol (National Academy press), and appropriate ASTM standards. (b) A test report shall be submitted by the Supplier showing compliance with the specifications as described herein, along with a statement certifying that the material for shipment is equal in quality to and from the same lot as the representative sample submitted. (c) Test reports on the representative samples of GAC shall contain the following information: • Apparent density • Mesh size • Effective size • Ball pan hardness; • Iodine number • Moisture as packed (percent) • Water soluble ash (percent) • Total ash Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -2 3. The Supplier shall submit the following information upon delivery of the GAC: a. Weight tickets for the actual delivered GAC. b. Samples: If so requested by the Owner's Representative, samples of the GAC provided for the initial filling of adsorber vessels shall be provided in accordance with paragraph 1.4.3, "Sampling and testing after delivery of shipment," of the AWWA Standard for Granular Activated Carbon (AWWA B604 -12). F. GAC Treatment Conditions 1. All adsorbers consist of 12 -foot diameter vessels operated in series. 2. Contact Time - The adsorbers have carbon capacities of 714 ft3 per vessel. The vessels will provide empty bed contact times ranging from approximately 12 to 22 minutes (lead and lag beds combined). 3. Hydraulic loading rates range from approximately 4.4 to 7.5 gpm /ft2. 4. Adsorbers are designed to allow no less than 25% bed expansion upon initial washing of the media. G. Regulatory Requirements 1. The Supplier shall comply with all applicable regulatory requirements including, but not limited to, the following: a. Occupational safety and health requirements of OSHA and Cal -OSHA. b. U.S. Department of Transportation requirements for transportation of the GAC. C. Local air pollution control requirements regarding potential releases of chemicals or particulates during transfer of GAC to absorber vessels. d. ANSI /NSF -61 certification of carbon. 2. Evidence (copies of permits, etc.) shall be provided if requested by the Owner. The Supplier shall obtain all necessary permits related to the delivery of the carbon at his own expense. H. Warranty 1. The Supplier shall warranty the GAC against the following conditions occurring within one month of the vessel entering service: a. The Supplier shall warrant against coliform bacteria being detected in the vessel intermediate or effluent sample ports. This provision does not apply if the raw well water upstream of the well pump discharge check valve is also contaminated with coliform bacteria. b. The Supplier shall warrant against the leaching of any regulated inorganic or organic contaminant from the carbon. This provision shall not apply to nitrate if the raw water nitrate level exceeds one -half of the nitrate MCL (i.e. nitrate sloughing). Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -3 Should either of the above provisions come into effect, the Supplier shall be given two working days following notification to propose a mitigation strategy (e.g. carbon disinfection) to bring the carbon back into compliance. The problem must be corrected or the carbon replaced within two weeks. All costs for correcting the problem including labor, disinfection, laboratory charges and materials shall be paid for by the Supplier. PART 2 - MATERIALS A. Allowable GAC Products The supplied GAC shall be one of the Supplier's standard products listed below. Any products differing from products listed below must be approved prior to proposal submittal. • AC1230C (Evoqua) • AC1230CX (Evoqua) • AC1240CAT (Evoqua) • AquaSorb CX (Jacobi) • AquaSorb CX -MCA (Jacobi) • Centaur 12x40 (Calgon) • F400 (Calgon) • HPC830 (Calgon) B. Granular Activated Carbon GAC shall be as specified below. General The granular activated carbon shall be virgin material manufactured from coconut shells or bituminous coal only. Activation shall be carefully controlled to produce a material having a high internal surface area with optimum pore size for effective adsorption of 1,2,3 - trichloropropane. Physical Characteristics Physical characteristics of the product delivered for this project shall be consistent with the typical physical characteristics of the manufacturer's standard bulk product for municipal water treatment clients. The physical characteristics of the carbon supplied for this project will be analyzed and will establish a baseline that the manufacturer will be held to for subsequent resupply contracts. 3. Handling Characteristics The GAC's physical size and density must be such that it shall flow readily within the virgin GAC transfer piping and must form a workable slurry with a concentration of approximately 0.21 kg of carbon per liter (2 pounds of carbon per gallon) of water. 4. Quantity: Each vessel will be loaded with enough carbon to ensure a working carbon volume of 714 ft3 following initial soaking and backwashing. 5. Delivery and Installation of GAC a. Following testing, inspection, and disinfection of the GAC vessels (by others), each adsorber vessel shall be filled with a minimum 714 ft3 (after backwashing) of virgin GAC in accordance with these specifications. Granular Activated Carbon 433283 -4 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 370 b. Total coliform test results following disinfection of vessels (by others) will be made available to the Supplier. Should the supplier wish to independently confirm the bacteriological quality of the water in the vessels or in the City's water supply, it shall be at their own expense and with no impact to the schedule. C. The supply contract will be awarded in groups of two vessels (i.e. series pairs) and carbon deliveries shall be for two vessels at the same site on the same day. d. Delivery shall be during normal business hours. e. The Supplier shall deliver GAC in trailers used solely for the transport of GAC. Trailers shall be thoroughly cleaned prior to filling with GAC and shall be lined or constructed with materials suitable for transporting GAC that will be in contact with potable water. f. Makeup or rinse water needed for the transfer shall be potable water provided by the Owner. The Supplier shall provide any necessary hoses, site glasses, piping, and appurtenances for using this water. The compressed air supply required for transfer of carbon shall be provided by the Supplier. g. All water used in the transfer process shall be discharged to the point on site designated by the Owner; no discharges will be permitted without the Owner's permission. h. GAC shall be transferred as a water slurry only, using air pressure on the trailer as the motive force. Use of a pump or eductor to transfer the carbon from the trailer into the adsorber vessel will not be allowed. Bag loading or dry loading of the GAC into the adsorber vessel is prohibited. The GAC shall be loaded into the trailers before the units are driven on to the site. The Supplier will be responsible for cleanup of all GAC and slurry spills that may occur during the GAC transfer operation. Material Testing and Start -Up The water provided by the Owner meets all the maximum contaminant levels (MCLs) for organic and inorganic contaminants except for 1,2,3 - trichloropropane. The Owner acknowledges that some 1,2,3 - trichloropropane may leak from the vessels immediately following backwashing; however, it is expected that no 1,2,3 - trichloropropane will be detected in the effluent following a brief period (1 hour) of forward flushing or normal operation. Except for 1,2,3 - trichloropropane, the quality of the virgin carbon will be reflected by the quantity of inorganics leached into the effluent in terms of secondary inorganic contaminations of phosphates, ash, etc. At the Owner's discretion, the effluent may be sampled (after the washing is considered complete) and tested by an independent laboratory. This inorganics test may be repeated within two (2) weeks after start -up. The treatment system must provide water that does not exceed the MCLs for primary or secondary contaminants. Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 END OF SECTION 433283 -5 Eiigineering PeWorniance Solutions CARBON EVALUATION FOR 1,2,3- TRICHLOROPROPANE REMOVAL As commisioned by: PROVOST & PRITCHARD 286 W. Cromwell Avenue Fresno, CA 93711 Prepared by: Engineering Performance Solutions, LLC 3161 St. Johns Bluff Rd. S., Suite 3 Jacksonville, FL 32246 904 - 645 -7775 Report #: 206.01.0817 Amended Date: 09/06/17 SCOPE Per our agreement with Provost & Pritchard, Engineering Performance Solutions, LLC (EPS) agreed to perform a series of rapid small -scale column tests (RSSCTs) to evaluate the breakthrough performance of eight (8) different granular activated carbons (GACs) for 1,2,3- Trichloropropane (TCP) removal for the City of Bakersfield, CA. Other common indices were also tested: iodine number, apparent density, ball pan hardness and surface area. The carbons used for the test are: • Calgon Centaur, F400 and HPC -830 • Evogua AC1230C, AC1230CX and 1240CAT • Jacobi AquaSorb CX and AquaSorb CX -MCA Parameters such as the flow rate, GAC particle size, empty bed contact time (EBCT), and hydraulic loading are all required for the scaling equations and were furnished by Provost & Pritchard. The RSSCT was designed to simulate a full -scale EBCT of 10.0 minutes for a period of approximately 100,000 bed volumes. METHOD Raw water from the City of Bakersfield, CA was collected on 06/26/17 and shipped (on ice) overnight to the EPS facilities in Jacksonville, FL. The water was stored at 4 °C until the testing commenced. A key feature of RSSCTs is that the GAC grains utilized in the mini - column are considerably smaller than full -scale grains. As determined by Crittenden et al. (1991), mini - columns containing finely ground GAC can accurately simulate full -scale GAC breakthrough profiles in a fraction of the time required for full -scale adsorption systems. As the mini - column was processing water, effluent samples were collected on a regular basis and analyzed for TCP until 100,000 bed volumes of water was processed. All samples were tested by BSK Associates Laboratory in Fresno, CA. using a GC -MS SIM with method SRL 524M -TCP. The average TCP influent concentration at the start of the tests was 0.058 ug /L and the average influent concentration at the end of the tests was 0.060 ug /L. The Minimum Detection Limit (MDL) is 0.00016 ug /L. RESULTS The breakthrough curve produced by graphing the various carbons performance as water was being processed through the columns are shown below if Figure 1. More detailed results are show in Table 1. Tables 2 and 3 contains the methods and testing parameters that were also tested for each carbon as requested by Provost & Pritchard. Report Page 2 t:raap;oeeedng Performance Solutions 11/15/17 CC AGENDA PACKET PG 373 Figure 1. BVs 0.00616 ... 0.00516 J 2 87433 0.00016 4 . 0.00416 CL AC1230 CX U TCP ug /L ~ 0.00316 0.00016 2 86316 0.00016 3 0.00216 W AC1230 C BVs 0.00116 1 0.00016 -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L hx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 4 . o, o (P�7r ��� t ��tl lYN��;,,, a�,,,, G,,,,,,,,(,,,,,, rt,,,,,,; j„ �n,,,,,,, p,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,, ,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,, �s„ ,,,,, ,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,, -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L hx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 3 104087 0.00058 AC1230 CX BVs TCP ug /L 1 0 0.00016 2 86316 0.00016 3 101328 0.00049 AC1230 C BVs TCP ug /L 1 0 0.00016 2 86803 0.0031 3 101270 0.0038 *Continued on next page* Report Page 3 E'raapioeeedng Performance Solutions 11/15/17 CC AGENDA PACKET PG 374 HPC -830 BVs TCP ug /L 1 0 0.00016 2 83881 0.00016 3 99609 0.00016 Centaur BVs TCP ug /L 1 0 0.00016 2 12548 0.00016 3 25096 0.00016 4 37643 0.00043 5 50191 0.00093 6 62739 0.0026 7 81561 0.0039 8 87834 0.0048 9 100382 0.0057 F400 BVs TCP ug /L 1 0 0.00016 2 11440 0.00016 3 22880 0.00016 4 34320 0.00016 5 45760 0.00029 6 57200 0.00039 7 74360 0.0010 8 85800 0.0011 9 102961 0.0020 1240CAT BVs TCP ug /L 1 0 0.00016 2 13827 0.00016 3 27655 0.00037 4 41482 0.00027 5 55310 0.00033 6 69137 0.00049 7 82964 0.00072 8 103705 0.0018 Aquasorb CX BVs TCP ug /L 1 0 0.00016 2 12109 0.00016 3 24217 0.00016 4 36326 0.00016 5 48434 0.00016 6 60543 0.00073 7 72651 0.0011 8 84760 0.0018 9 102922 0.0036 Report Page 4 iw E'raapiaeeedng Performance Solutions Table 2. Test Method Iodine Number ASTM D4607 Ball Pan Hardness AWWA B604 BET Surface Area Instrument: Nova 3200e Apparent Density AWWA B604 Average Diameter AWWA B604 Table 3. Carbon ID Iodine Number (mg /g) Ball Pan Hardness (% Retention) Average Diameter (mm) BET Surface Area (m2 /g) Apparent Density (g /cc) Centaur 963 82.0 1.104 1070.0 0.62 F400 1182 83.7 1.054 1233.5 0.55 H PC -830 1192 71.2 1.470 1206.3 0.43 AC1230C 1219 87.5 1.186 1281.9 0.52 AC1230CX 1446 85.3 1.046 1574.9 0.41 1240CAT 1307 93.0 1.159 1302.8 0.53 AquaSorb CX 1166 91.6 1.085 1132.7 0.57 AquaSorb -MCA 1603 87.5 0.899 1618.6 0.44 NOTE: Please be advised that the information contained within this report is not definitive. Changes in water quality or activated carbon quality could influence the results presented above. In other words, seasonal changes in water quality could impact removal efficiencies. Additionally, the trends and performance depicted here are specific to this facility only and should not be considered representative of any other. Report Page 5 E'raapiaeeedng Performance Solutions References Crittenden JC, Reddy PJ, Arora H, Trynoski J, Hand DW, Perram DL, Summers RS. Predicting GAC performance with rapid small scale column tests. J AWWA 1991 83-1-77-87. Report Page 6 Performance Solutions gry, x 9 s°y 3 & S s 7 5 a 5 § £m w � '2 g 5 4 11 � C III �..... ti ti w ., ., ., ., ., ., » » »n n m., ., ., ., ., ., ., ., - - - - - - - - - - - -' 6 €' « m e v n n n n n n n n -- -- -- - Sddd n {3 3 F o u o u u o uddd u F o u a u u o uddd u 9 o u o 99 a� n x� ar o� �s A 5 �,,,,, - ,m,,,,,mH- H H'A --- --- , , HH- y Y Y Y Y - W - - - - - - - -§ C u 3 £ 6 3 3 3 u e= 11/15117 CC A PA CKt mom 11 It 111 H 11 H 11110 1111111111111111111111111 H 1111111111111111112 I In I I In I M nil u I I I I I I I IIIN HUM I a IIHM unumn ma I H WHIM 1 if! lit 11 u 11 if! 1111 HUM 1 if"Mit 11 H 1 in! 11 H 11 a if I III ar mi aS 11115117 CC AGENDA PACKET PG 380 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE F2 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE ---------- 2 s I ®I ss mI aS 11115117 CC AGENDA PACKET PG 382 I -- — — -- — — — — -- — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- III ss I -- — — -- — — — — -- — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- City of Bakersfield Terms and Conditions ACCEPTANCE: this Purchase Order becomes a contract subject to the terms, conditions set forth, and incorporated herein by reference. This purchase order is effective and expressly conditioned on supplier's assent to all terms and conditions on this purchase order that are additional to or different from those stated in suppliers' quotation or other offering documents. This purchase order represents the entire agreement between the parties. Any addition to, change in, modification of, or revision of this order shall not be binding unless expressed in writing by an authorized agent of the City of Bakersfield, hereinafter called "the City ". DELIVERY: All prices reflect F.O.B. the City unless otherwise stated herein. Since time is of the essence, deliveries are to be made in the quantities, and at the time specified herein. If supplier's deliveries fail to meet schedule, the City, without limiting its other rights or remedies, may direct expedited routing at no additional charge to the City or may cancel this order or any portion hereof. Supplier shall be liable to the City for all damages, losses, and liability incurred by the City, directly or indirectly, as a result of supplier's breach. Where the City has so authorized in writing, goods may be shipped F.O.B. Shipping Point, but supplier shall prepay all shipping charges and list said charges as a separate item on supplier's invoice unless otherwise specified herein. The City does not accept C.O.D. shipments. SUBSTITUTIONS: All substitutions, partial deliveries, and back orders require notification to, and the consent of, the Buyer whose signature appears on Page 1. PRICE: If price(s) is shown as NOT TO EXCEED or ESTIMATE, actual price(s) may not exceed the price shown on the front of this purchase order without the express authorization of the Buyer whose signature appears on Page 1 unless otherwise stated herein. PRICE WARRANTY: In the event supplier reduces the price(s) for article(s) during the term of this order, supplier agrees to reduce the price(s) hereof correspondingly. Supplier warrants that price shown on this Purchase Order shall be complete and no additional charges shall be added without express written consent of the Buyer whose signature appears on Page 1. SPECIAL CHARGES: Supplier shall be responsible for the payment of all charges for handling, shipping, packaging, wrapping, bags, containers, boxing, crating, labeling, customs duties, taxes, storage, insurance, and other related matters unless the City has assumed an express obligation therefore by notation elsewhere herein. TAXES: The City must pay State Sales Tax. The City is exempt from paying Federal Excise Taxes. A certificate will be furnished upon request INVOICES: Invoices shall be submitted to the City of Bakersfield Finance Department, 1600 Truxtun Avenue, Bakersfield, CA 93301. It is Supplier's responsibility to submit all invoices directly to the Finance Director rather than to the Purchasing or the using department and no invoice shall be considered due for payment until received by the Finance Director. The Purchase Order Number must appear on all correspondence associated with this order, i.e., invoices, packing slips, shipping containers and letters. Failure to state the Purchase Order Number may delay payment. DISCOUNT: Invoices against completed orders are paid by the City Finance Director after authorization by the appropriate City Department. If the City is entitled to cash discount, the period of computation thereof will commence on the date of acceptance of correct, undamaged goods or receipt of correctly completed invoice, whichever is later and NOT the date of the invoice. PAYMENT: Payment will be made, as stated on the face of this Purchase Order, after receipt of invoice and acceptance of goods and /or services. Payment of invoices shall not constitute acceptance of the goods and /or services and invoices shall be subject to adjustment for defect in quality or failure of Supplier to meet City terms and conditions and contract specifications, if any. CONFLICT IN TERMS: When the terms of a separate written agreement between supplier and City and the pre - printed terms on the back of this purchase order or the terms on the front of the purchase order conflict with the written agreement, the terms of the separate written agreement shall prevail. When the pre - printed terms on the back of this purchase order conflict with the terms of on the front of the purchase order, the terms on the front this purchase order shall prevail. WARRANTY: Suppliers expressly warrants that all goods and services shall conform to all specifications, drawings, and samples that may have been provided to the City. Goods and services shall be of good merchantable quality, free from material defect, of good workmanship and fit for the known purpose for which sold or provided. The cost of returning goods found to be otherwise shall be borne by the supplier. LIENS, CLAIMS AND ENCUMBRANCES: Supplier warrants and represents that all the goods when delivered hereunder, will be free and clear of all liens, claims, encumbrances and infringements of any patents, trademarks, copyrights or franchise rights. TERMINATION: The City may terminate this order, or any part hereof, for cause in the event of default by supplier, or if supplier fails to comply with any of the terms and conditions of this purchase order. Late deliveries, deliveries of defective products and /or non - conforming products and failure to provide the City, upon request, of responsible assurance of future performance, shall be sufficient cause allowing the City to terminate this order. In the event of termination for cause, the supplier shall be liable to the City for any and all damages sustained by reason of dd-It that gives rise to the termination. Acceptance of part of the order shall not obligate the City to accept later shipments and shall not affect its rights to return goods already accepted. FORCE MAJEURE: Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any government or any governmental agency, strikes (excepting strikes related to supplier's employees), fines, floods, earthquakes, accidents or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning period thereof. NON - DISCRIMINATION: The California Fair Employment Practices Act (Labor Code Sec. 1410 -1433) prohibits discrimination in employment on the basis of race, religion, color, gender, physical handicap, mental condition, marital status, age, national origin, or ancestry and is applicable to all employers, employment agencies, and labor organizations. Title VII of the Federal Civil Rights Act (42 U.S.C. 2000e- 2000e -17) prohibits employment discrimination on the basis of race color, gender, religion or national origin and applies to all employers that employ a minimum of fifteen (15) employees during each working day in each of twenty (20) or more calendar weeks in the current or preceding year. The City is an affirmative action employer and the City requires suppliers and contractors to comply with the applicable laws relating to equal opportunity employment. INSURANCE: Supplier, supplier's employees or persons under contract to supplier in the performance of services on City property, or property under the City's obligation, shall perform work as an independent contractor. Persons doing such work shall not be considered employees of the City. Supplier shall maintain, and require its subcontractors to maintain (1) Commercial General Liability and Property Damage Insurance, including contractual liability, both general and automobile, in amounts set forth in City policy and (2) Workers' Compensations Insurance. INDEMNIFICATION: Suppliers 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 supplier, supplier's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising form, 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. DEFAULT: In case of any default by the supplier of nay of the conditions of this contract, the supplier agrees that the City procure the articles or services from other sources and may deduct such costs form the unpaid balance due to the supplier, or collect against the bond or security, or may invoice the supplier for excess costs so paid. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. ASSIGNMENT: Assignment by supplier of the contract or any part thereof, or of funds to be received hereunder, will not be binding upon the City unless such assignment has had prior written approval and consent of the City. WAIVER: Failure on the part of the City to insist on performance of any terms or conditions herein, or to exercise any right or privilege or the City's waiver or any breach hereunder shall not thereafter waive any other terms, conditions, or privileges, whether the same or similar type. JURISDICTION: This agreement shall be administered and interpreted under the laws of the State of California, including but not limited to the Uniform Commercial Code. Jurisdiction of litigation arising from this agreement shall be in that state, County of Kern. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is conflict with said law, but the remainder of the agreement shall be in full force and effect STOCK: Stock furnished by the City to be used on this order shall be returned to the City free form damage from any cause and in accordance with all other terms and conditions of any bid or order. 11/151/17 T PG 385 GAC Initial Fills Quotation #1710 -200 / rev 0 October 11, 2017 Confidentiality Statement #1710 2 00 . i10 VoogiuP,a ' &Volk o "'Il e C"11uh � :"Jj e S II C This document and all information contained herein are the property of Evoqua Water Technologies LLC. The design concepts and information contained herein are proprietary to Evoqua Water Technologies LLC and are submitted in confidence. They are not transferable and must be used only for the purpose for which the document is expressly loaned. They must not be disclosed, reproduced, loaned or used in any other manner without the express written consent of Evoqua Water Technologies LLC. In no event shall they be used in any manner detrimental to the interest of Evoqua Water Technologies LLC. All patent rights are reserved. Upon the demand of Evoqua Water Technologies LLC. this document, along with all copies or extracts, and all related notes and analyses, must be returned to Evoqua Water Technologies LLC or destroyed, as instructed by Evoqua Water Technologies LLC. Acceptance of the delivery of this document constitutes agreement to these terms and conditions. Terms and Conditions In the event Evoqua Water Technologies LLC is the selected vendor for the products and services contemplated in the subject bid, Evoqua Water Technologies LLC desires to negotiate a mutually agreeable set of terms and conditions to govern such transaction (including issues such as warranty, indemnity, appropriate limitations of liability and other substantive terms and conditions). Evoqua Water Technologies LLC will not be obligated to supply products or services pursuant to such bid unless and until the parties have entered into an agreement with terms and conditions mutually agreed in writing by the parties. evo,QUA Confidentiality Statement #1710 2 00 . i10 VoogiuP,a ' &Volk o "'Il e C"11uh � :"Jj e S II C This document and all information contained herein are the property of Evoqua Water Technologies LLC. The design concepts and information contained herein are proprietary to Evoqua Water Technologies LLC and are submitted in confidence. They are not transferable and must be used only for the purpose for which the document is expressly loaned. They must not be disclosed, reproduced, loaned or used in any other manner without the express written consent of Evoqua Water Technologies LLC. In no event shall they be used in any manner detrimental to the interest of Evoqua Water Technologies LLC. All patent rights are reserved. Upon the demand of Evoqua Water Technologies LLC. this document, along with all copies or extracts, and all related notes and analyses, must be returned to Evoqua Water Technologies LLC or destroyed, as instructed by Evoqua Water Technologies LLC. Acceptance of the delivery of this document constitutes agreement to these terms and conditions. Terms and Conditions In the event Evoqua Water Technologies LLC is the selected vendor for the products and services contemplated in the subject bid, Evoqua Water Technologies LLC desires to negotiate a mutually agreeable set of terms and conditions to govern such transaction (including issues such as warranty, indemnity, appropriate limitations of liability and other substantive terms and conditions). Evoqua Water Technologies LLC will not be obligated to supply products or services pursuant to such bid unless and until the parties have entered into an agreement with terms and conditions mutually agreed in writing by the parties. %N, evo,QUA October 11, 2017 Mr. Kevin Berryhill Provost & Pritchard 286 Cromwell Ave, Fresno, CA 93711 kberryhilla- ppeng.com Voogioo ' &Vohll: r Il e C"11Ih ooeS II C Re: City of Bakersfield TCP Mitigation Project — Phase 1 GAC Media Procurement Proposal Dear Kevin, Evoqua Water Technologies ( Evoqua) is pleased to submit proposal in reference to subject project for the supply, delivery and installation of granular activated carbon (GAC) into the adsorbers at City of Bakersfield's twenty -four (24) well sites. Evoqua's quote is for three (3) types of GAC that were included in the RSSCT study. Note price for each type of GAC is based on 714 ft3 per adsorber and filling of two adsorbers per trip at the same well location. Evoqua can meet the required delivery schedule contingent upon contract in place by November 3, 2017. GAC SUPPLY SCOPE For each GAC delivery Evoqua will provide: • Supply and delivery of 1428 ft3 of GAC delivered in one slurry trailer • Slurry fill of 714 ft3 into each adsorber • Includes air compressor and other appurtenances and labor required for carbon transfer GAC PRICING AC 1240CAT Supply, Delivery and Slurry Fill of 1428 ft3 ofAC1240CAT (714 ft3 per adsorber) including tax. Tax is 7.25% on materials only. $85,216.89 AC 1230CX Supply, Delivery and Slurry Fill of 1428 ft3 ofAC1230CX (714 ft3 per adsorber) $58,547.39 including tax. Tax is 7.25% on materials only. AC 1230C Supply, Delivery and Slurry Fill of 1428 ft3 ofAC1230C (714 ft3 per adsorber) including tax. Tax is 7.25% on materials only. C c, i'15 d o��� ' �Vai a II $46,130.22 COMMERCIAL TERMS Yoogioo ' &Vohll: ii, Il e C"11Ih ooeS II C Delivery • Delivery for each well site is scheduled to occur on the date the "Testing and Startup" task begins as noted on the TCP mitigation project schedule included with the RFQ. The first delivery scheduled for January 12, 2018 and the last delivery by April 5 for Group 1 and May 23 for Group 2. Contingent upon contract in place by November 3, 2017. Prices Do Not Include the Following: • Disinfection • Water for carbon slurry transfers Please note: Evoqua excludes all other items not specifically listed in "Major Components" category Also Please Note: • Proposal pricing valid for thirty (30) days • Description of Evoqua's GAC supply chain: Evoqua has a sourcing team that qualifies and sources carbon purchasing globally. All purchased GAC is received in Evoqua's La Mirada CA warehouse where every lot undergoes extensive quality control testing prior to receiving as inventory. Evoqua typically carries 3 -7 months of GAC. This GAC is then distributes across the US to Evoqua service centers and directly to customers. The first GAC fill for the City of Bakersfield will be serviced out of our La Mirada CA Service Center. This Service Center will deploy a slurry trailer with GAC and a service truck with compressor. • Please note that Evoqua utilizes a Peroxide Decomposition Value Test (Evoqua Internal Method) in lieu of the specified "Peroxide Number." Peroxide Number as referenced is the result of a test proprietary to one carbon manufacturer. The Evoqua method provides a value for percentage of peroxide decomposition at 30 minutes of elapsed time for 5 g of carbon added to 1 L of a 1000 mg /L hydrogen peroxide solution. Please note that the Evoqua internal specification per this method is that a catalytic carbon must produce a value greater than or equal to 80 %. The most - recently analyzed lots that could be utilized for this project have actual Peroxide Decomposition Values of 88.4% and 91.4 %. • Evoqua's bid is in accordance with its Standard Terms and Conditions which is attached herein. Please note that as Evoqua is currently under contract with the City of Bakersfield. Evoqua fully expects to negotiate a set of mutually acceptable terms and conditions for the GAC supply. • Each GAC delivery will be invoiced separately. Terms of payment are net 30 days after delivery. Quoted terms are subject to credit approval. • Please note that no throughput or performance warranty is provided with this proposal. • Evoqua Water Technologies LLC's price does not include, and Evoqua Water Technologies LLC shall not be responsible for, any additional taxes (beyond the 7.25% included), permits, tariffs, duties or fees (or any incremental increases to such taxes, permits, tariffs, duties or fees enacted by governmental agencies) unless specifically agreed herein or otherwise by Evoqua Water Technologies LLC in writing. evoQUA COMMERCIAL TERMS Yoogioo ' &Vohll: ii, Il e C"11Ih ooeS II C Delivery • Delivery for each well site is scheduled to occur on the date the "Testing and Startup" task begins as noted on the TCP mitigation project schedule included with the RFQ. The first delivery scheduled for January 12, 2018 and the last delivery by April 5 for Group 1 and May 23 for Group 2. Contingent upon contract in place by November 3, 2017. Prices Do Not Include the Following: • Disinfection • Water for carbon slurry transfers Please note: Evoqua excludes all other items not specifically listed in "Major Components" category Also Please Note: • Proposal pricing valid for thirty (30) days • Description of Evoqua's GAC supply chain: Evoqua has a sourcing team that qualifies and sources carbon purchasing globally. All purchased GAC is received in Evoqua's La Mirada CA warehouse where every lot undergoes extensive quality control testing prior to receiving as inventory. Evoqua typically carries 3 -7 months of GAC. This GAC is then distributes across the US to Evoqua service centers and directly to customers. The first GAC fill for the City of Bakersfield will be serviced out of our La Mirada CA Service Center. This Service Center will deploy a slurry trailer with GAC and a service truck with compressor. • Please note that Evoqua utilizes a Peroxide Decomposition Value Test (Evoqua Internal Method) in lieu of the specified "Peroxide Number." Peroxide Number as referenced is the result of a test proprietary to one carbon manufacturer. The Evoqua method provides a value for percentage of peroxide decomposition at 30 minutes of elapsed time for 5 g of carbon added to 1 L of a 1000 mg /L hydrogen peroxide solution. Please note that the Evoqua internal specification per this method is that a catalytic carbon must produce a value greater than or equal to 80 %. The most - recently analyzed lots that could be utilized for this project have actual Peroxide Decomposition Values of 88.4% and 91.4 %. • Evoqua's bid is in accordance with its Standard Terms and Conditions which is attached herein. Please note that as Evoqua is currently under contract with the City of Bakersfield. Evoqua fully expects to negotiate a set of mutually acceptable terms and conditions for the GAC supply. • Each GAC delivery will be invoiced separately. Terms of payment are net 30 days after delivery. Quoted terms are subject to credit approval. • Please note that no throughput or performance warranty is provided with this proposal. • Evoqua Water Technologies LLC's price does not include, and Evoqua Water Technologies LLC shall not be responsible for, any additional taxes (beyond the 7.25% included), permits, tariffs, duties or fees (or any incremental increases to such taxes, permits, tariffs, duties or fees enacted by governmental agencies) unless specifically agreed herein or otherwise by Evoqua Water Technologies LLC in writing. #1710 2 00 . i10 Voogioo ' &Volk r Il e C"11Ih o:"Jj e S II C Thank you for this opportunity to provide this quotation. Please contact me at 562- 209 -2169 if you have questions or if we may be of further assistance. We look forward to working with you on this project. Sincerely, Kelsey Hakes Evoqua Water Technologies LLC 562 - 209 -2169 Attachments: Terms and Conditions AC1240CAT Product Bulletin AC1230CX Product Bulletin AC1230C Product Bulletin NSF Certifications for AC1240CAT, AC1230CS and AC1230C Slurry Exchange References C '15 d o��� ' �Vai a II evo,QUA #1710 2 00 . i10 Voogioo ' &Volk r Il e C"11Ih o:"Jj e S II C Thank you for this opportunity to provide this quotation. Please contact me at 562- 209 -2169 if you have questions or if we may be of further assistance. We look forward to working with you on this project. Sincerely, Kelsey Hakes Evoqua Water Technologies LLC 562 - 209 -2169 Attachments: Terms and Conditions AC1240CAT Product Bulletin AC1230CX Product Bulletin AC1230C Product Bulletin NSF Certifications for AC1240CAT, AC1230CS and AC1230C Slurry Exchange References C '15 d o��� ' �Vai a II EVOQUA WATER TECHNOLOGIES LLC Standard Terms of Sale 1. Applicable Terms. These terms govern the purchase and sale of equipment, products, related services, leased products, and media goods if any (collectively herein "Work "), referred to in Seller's proposal ( "Seller's Documentation "). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is expressly conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2. Pavment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 '' /z% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval by Seller. Back charges without Seller's prior written approval shall not be accepted. 3. Deliverv. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise, delivery terms are ExWorks Seller's factory (Incoterms 2010). Title to all Work shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller, shipping dates are approximate only and Seller shall not be liable for any loss or expense (consequential or otherwise) incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule. 4. Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data, software and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non - exclusive, non - transferable license to use any such material solely for Buyer's use of the Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent. Buyer grants Seller a non - exclusive, non - transferable license to use Buyer's name and logo for marketing purposes, including but not limited to, press releases, marketing and promotional materials, and web site content. 5. Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. 6. Force Mai eure Event. Neither Buyer nor Seller shall have any liability for any breach or delay (except for breach of payment obligations) caused by a Force Majeure Event. If a Force Majeure Event exceeds six (6) months in duration, the Seller shall have the right to terminate the Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed prior to the date of termination. "Force Majeure Event" shall mean events or circumstances that are beyond the affected party's control and could not reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include, but is not limited to, the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller or its sub - suppliers, natural catastrophes or (with respect to on -site work), unusual weather conditions. 7. Warranty. Subject to the following sentence, Seller warrants to Buyer that the (i) Work shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship and (ii) the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer. The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. The Seller warrants the Work, or any components thereof, through the earlier of (i) eighteen (18) months from delivery of the Work or (ii) twelve (12) months from initial operation of the Work or ninety (90) days from the performance of services (the "Warranty Period "). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period, Seller shall, at its sole option and as Buyer's sole and exclusive remedy, repair or replace the subject parts, re- perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller, (i) Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and (ii) Buyer shall be responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Work in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover (i) damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller) and (ii) media goods (such as, but not limited to, resin, membranes, or granular activated carbon media) once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 8. Indemnitv. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. (May 2015) 9. Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written consent of the other parry; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the sale or transfer of the Seller's business and Seller may grant a security interest in the Agreement and /or assign proceeds of the agreement without Buyer's consent. 10. Termination. Either parry may terminate this agreement, upon issuance of a written notice of breach and a thirty (30) day cure period, for a material breach (including but not limited to, filing of bankruptcy, or failure to fulfill the material obligations of this agreement). If Buyer suspends an order without a change order for ninety (90) or more days, Seller may thereafter terminate this Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed, whether delivered or undelivered, prior to the date of termination. 11. Dispute Resolution. Seller and Buyer shall negotiate in good faith to resolve any dispute relating hereto. If, despite good faith efforts, the parties are unable to resolve a dispute or claim arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or validity, the parties will first seek to agree on a forum for mediation to be held in a mutually agreeable site. If the parties are unable to resolve the dispute through mediation, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Pittsburgh, Pennsylvania before three arbitrators who are lawyers experienced in the discipline that is the subject of the dispute and shall be j ointly selected by Seller and Buyer. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The Arbitrators shall issue a reasoned decision of a majority of the arbitrators, which shall be the decision of the panel. Judgment maybe entered upon the arbitrators' decision in any court of competent jurisdiction. The substantially prevailing party as determined by the arbitrators shall be reimbursed by the other parry for all costs, expenses and charges, including without limitation reasonable attorneys' fees, incurred by the prevailing party in connection with the arbitration. For any order shipped outside of the United States, any dispute shall be referred to and finally determined by the Intemational Center for Dispute Resolution in accordance with the provisions of its Intemational Arbitration Rules, enforceable under the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the governing language shall be English. 12. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment, disposal and usage of the Work provided under this Agreement, including any export license requirements. Buyer agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non - compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON- COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 13. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 14. Rental Equipment / Services. Any leased or rented equipment ( "Leased Equipment") provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order. At the end of the initial term specified in the order, the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen (15) days of issuance of said notice. If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing. Upon the expiration or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal. 15. Miscellaneous. These terms, together with any Contract Documents issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement ") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations (FARs) flow down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically listed in 52.244 -6, Subcontracts for Commercial Items (OCT 2014). If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. Both Buyer and Seller reject the applicability of the United Nations Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship. (May 2015) evoQUA �Iimthl WAMIZ (IIIIIIIIJOIM"'11 "I • • •' IF " 0 11R L11 V S, l III "I III ° 0 " "II A II 1 IIh. III i:l WA II III : I @'1 WAS llWA " "II" "III 11R A III"I IID @:w @'1 0 C III''' ', S, S, WA IIIIII'l I @'1 A I @R IR IIh, III C 1ti1 ���II���, III n4 „:1'111 S, I fl "Yflo AquaCarb®1240CAT carbon is a high activity coconut shell based granular activated carbon that has been modified to provide enhanced catalytic properties. This hard, attrition resistant, high surface area carbon retains its pore structure to remove compounds such as disinfection by- products, TCE, PCE, MTBE, and other trace level organics from potable, waste and process water, while adding the catalytic functionality that is required for applications involving oxidation, reduction, and decomposition reactions. 'l'llf(a" ,IoiII :.4 AquaCarb 1240CAT carbon is designed to be utilized for liquid phase applications involving catalytic reactions, including: • Hydrogen Peroxide decomposition • Hydrogen Sulfide oxidation • Chloramine decomposition /reduction d flfrk. Certified by NSF to ANSI /NSF Standard 61 Fully conforms to physical, performance and leachability requirements established by the current ANSI /AWWA B604 (which includes the Food Chemical Codex requirements) Retains extensive micropore structure for effective VOC removal Retains physical characteristics of coconut shell based carbons (low ash, high hardness) A detailed quality assurance program guarantees consistent quality from lot to lot and shipment to shipment QuaMy Conf i of Each lot of AquaCarb®1240CAT carbon is identified by lot number and sampled and analyzed in accordance with Evoqua Water Technologies' QA /QC program. Evoqua's laboratories are fully equipped to provide complete quality control analysis using ASTM standard test methods in order to assure the consistent quality of all Westates® carbons. Our technical staff offers hands -on guidance in selecting the most appropriate system, operating conditions and carbon to meet your needs. For more information contact your nearest Evoqua representative. III VAJ[4 4:21.101:24.14dI =F^1 PARAMETER AQUACARB-1240CAT Carbon Tyne Coconut Shell Mesh Size. U.S. Sieve 12 x 40 Effective Size. mm O.SS - 0.75 Iodine No.. mg 12 /g 1000 Hardness No.. Wt. % 98 Apparent Density_g /cc 0.49 Moisture as Packed. Wt. % 5 SAFETY NOTE: Under certain conditions, some compounds may oxidize, decompose or polymerize in the presence of activated carbon causing a carbon bed temperature rise that is sufficient to cause ignition. Particular care must be exercised when compounds that have a peroxide- forming tendency are being adsorbed. In addition the adsorption of VOCs will lead to the generation of heat within a carbon bed. These heats of reaction and adsorption need to be properly dissipated in order to fully assure the safe operation of the bed. Wet activated carbon readily adsorbs atmospheric oxygen. Dangerously low oxygen levels may exist in closed vessels or poorly ventilated storage areas. Workers should follow all applicable state and federal safety guidelines for entering oxygen depleted areas. 0 Certified by NSF to ANSI /NSF Standard 61 i 1 4800 North Point Parkway, Suite 250, Alpharetta, GA 30022 U +1 (866) 926 -8420 (toll -free) +1 (978) 614 -7233 (toll) fed � 101ssl VVA I i ; I I r i i ,I( ) i.()r ii i, AquaCarb and Westates are trademarks of Evoqua, its subsidiaries or affiliates, in some countries All information presented herein is believed reliable and in accordance with accepted engineering practices. Evoqua makes no warranties as to the completeness of this information. Users are responsible for evaluating individual product suitability for specific applications. Evoqua assumes no liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. @ 2014 Evoqua Water Technologies LLC Subject to change without notice WS1240CAT -DS -1114 Percent Bed Expansion During Backwash Downflow Pressure Drop Through a Backwashed AquaCarbO 1240CAT Carbon and Stratified Bed AquaCarb'°' 1240CAT Carbon 60 50 ... �..... - -� m� 15 Ci d a 40 � �p 10 �090 ° •in 30 r ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, fol J L N 1 C a N ^ m m "� VI � u I x20 Lu ^�o _ u C 5 ��������� V 10 c 0 0 0 2 4 6 8 10 12 0 2 4 6 8 10 12 Superficial Velocity, GPM /FT2 Superficial Velocity. GPM /Ft2 ^ ^^ ^ ^ ^^ AquaCarb* 1240CAT - SS OF AquaCarb* 1240CAT - 70 °F ^ ^ ^° AquaCarb* 1240CAT - SS OF AquaCarb* 1240CAT - 70 °F SAFETY NOTE: Under certain conditions, some compounds may oxidize, decompose or polymerize in the presence of activated carbon causing a carbon bed temperature rise that is sufficient to cause ignition. Particular care must be exercised when compounds that have a peroxide- forming tendency are being adsorbed. In addition the adsorption of VOCs will lead to the generation of heat within a carbon bed. These heats of reaction and adsorption need to be properly dissipated in order to fully assure the safe operation of the bed. Wet activated carbon readily adsorbs atmospheric oxygen. Dangerously low oxygen levels may exist in closed vessels or poorly ventilated storage areas. Workers should follow all applicable state and federal safety guidelines for entering oxygen depleted areas. 0 Certified by NSF to ANSI /NSF Standard 61 i 1 4800 North Point Parkway, Suite 250, Alpharetta, GA 30022 U +1 (866) 926 -8420 (toll -free) +1 (978) 614 -7233 (toll) fed � 101ssl VVA I i ; I I r i i ,I( ) i.()r ii i, AquaCarb and Westates are trademarks of Evoqua, its subsidiaries or affiliates, in some countries All information presented herein is believed reliable and in accordance with accepted engineering practices. Evoqua makes no warranties as to the completeness of this information. Users are responsible for evaluating individual product suitability for specific applications. Evoqua assumes no liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. @ 2014 Evoqua Water Technologies LLC Subject to change without notice WS1240CAT -DS -1114 ���L� ����������� ~~� � ~~� .����° ° ��N�� vv�TERTEC��w0��G�ES Buck Qmund Historically, coconut shell based activated carbons have been typically limited to applications involving trace VOC removal from groundwater or where the background water was relatively high in purity. For applications such assurface water, where the water stream being treated would he relatively high in natural organic matter (NOKA)or total organic carbon (Tl]C), bituminous coal based carbons have been predominantly used for decades. With their micmpomuspore structure, coconut shell carbons simply did not perform aswell as coal based carbons intheseapp|iodions— unti| now. AquaCarhml230CX enhanced coconut shell carbons combine the benefits of both carbon types; an activated carbon with the high micmpom structure of coconut shell, and the faster kinetics of bituminous coal. The resulting product provides excellent trace VOC removal capacity and adsorptive performance to remove taste, odor and other organic contaminants. AppUc��ons Applications where AquaCarhCX Series enhanced coconut shell carbons are asuitable, high performance alternative to om| based carbons include: ~ Surface water treatment taste and odor removal ~ Surface water treatment disinfection hy product (DRP) nrDRP precursor removal ~ Bulk nrgpnic/TO[ removal from water ~ Groundwater treatment organic contaminants Foatunsand8om_4hs ^ ANSI/NSF Standard 0 classified for use inpotable water applications ^ Fully conforms hnphysicaip*rfonnanc*and leachability requirements established hy the current ANS|/AVVVVAB6O4 (which includes the Food Chemical Codex requirements) ^ Retains inherent micmpnm structure from base coconut carbon, providing excellent VO[ adsorption capacity ^ Contains superior m*nnpnmstructure, providing improved adsorption kinetics and adsorption capacity for larger molecular weight compounds ^ Modified pore structure leads tn longer bed life between carbon exchanges, and lower life cycle costs ^ A detailed quality assurance program guarantees con- sistent qua|ityfmm lot to lot and shipment toshipment 0 6 u s 4 0 O 2 0 d a` 0 Water Temperature: 55'F �w a em�mow' °d��1� / �Water Temperature: 70 °F 5 60 50 o 40 30 m 20 10 0 1 2 3 4 5 6 7 8 9 10 11 12 0 6 8 10 12 14 16 18 20 Superficial Velocity (gpm /ft2) Superficial Velocity (gpm /ft') TYPICAL PROPERTIES v'II I,r, crl li I Ir v., Water Temperature: In addition to our AquaCarb' CX virgin carbon, Evoqua also Parameter AquaCarb 1230CX offers options for carbon reactivation service and AquaCarb Mesh Size 12 x 30 CXS enhanced reactivated coconut carbon. Carbon reactivation Effective Size, mm 0.6-0.85 is an environmentally - friendly process that minimizes waste by recycling and reusing spent carbon. Reactivation restores the Uniformity Coefficient 2.0 surface area and pore volume of the spent carbon to a point Iodine, mg /g 1100 close to that of a virgin carbon. In fact, the process of carbon reactivation is very similar to the process of creating virgin Hardness 95 activated carbon. Reactivated carbons provide a cost - effective Abrasion 85 alternative to virgin carbon and continue to provide excellent performance in many treatment applications. AD, g /cc 0.43-0.46 Evoqua has over 25 years experience in carbon reactivation. To Water Soluble Ash, wt% 2 learn if AquaCarb CX virgin -grade or CXS reactivated enhanced Contact pH 9-10 coconut shell carbon is right for your application, contact your local Water Technologies sales representative or call 866.6115620. Wet activated carbon readily adsorbs atmospheric oxygen. Dangerously low oxygen levels may exist in closed vessels or poorly ventilated storage areas. Workers should follow all applicable state and federal safety guidelines for entering oxygen depleted areas. AquaCalrlb ®12 0CX AquaCalrlb ®12 0CX 70 0 6 u s 4 0 O 2 0 d a` 0 Water Temperature: 55'F �w a em�mow' °d��1� / �Water Temperature: 70 °F 5 60 50 o 40 30 m 20 10 0 1 2 3 4 5 6 7 8 9 10 11 12 0 6 8 10 12 14 16 18 20 Superficial Velocity (gpm /ft2) Superficial Velocity (gpm /ft') 181 Thorn Hill Road, Warrendale, RA 15086 eVOQUA +1 (866) 926.8420 (toll -free) +1 (978) 614 -7233 (toll) WAn m/ (! V 0 ("r' u"- r. €1 frn "t1f I I I I r I l,lr ii AquaCarb and Westates are trademarks of Evoqua, its subsidiaries or affiliates, in some countries. All information presented herein is believed reliable and in accordance with accepted engineering practices. Evoqua makes no warranties as to the completeness of this information. Users are responsible for evaluating individual product Suitability for specific applications. Evoqua assumes no liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. ©2015 Evoqua Water Technologies LLC Subject to change without notice WS- AC1230CX -DS -1015 11/15/17 CC AGENDA PACKET PG 396 Water Temperature: 55'F u „w"'' „�nu� °„ Water Temperrnture:70 °F n 181 Thorn Hill Road, Warrendale, RA 15086 eVOQUA +1 (866) 926.8420 (toll -free) +1 (978) 614 -7233 (toll) WAn m/ (! V 0 ("r' u"- r. €1 frn "t1f I I I I r I l,lr ii AquaCarb and Westates are trademarks of Evoqua, its subsidiaries or affiliates, in some countries. All information presented herein is believed reliable and in accordance with accepted engineering practices. Evoqua makes no warranties as to the completeness of this information. Users are responsible for evaluating individual product Suitability for specific applications. Evoqua assumes no liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. ©2015 Evoqua Water Technologies LLC Subject to change without notice WS- AC1230CX -DS -1015 11/15/17 CC AGENDA PACKET PG 396 �i evoQUA k ` s A; FOR USE IIN Ir10'11"A1Mf IE WATER AND IPnROOE SS WATER AIfunFI f IIIf"oATY I1.flNS AquaCarbl" 830C, 1230C and 1240C carbons are high activity coconut shell based granular activated carbons. These hard, attrition resistant high surface area carbons are designed to remove difficult to adsorb organics from potable, waste and process water. They are especially effective for adsorbing chlorine, disinfection by- products, TCE, PCE, MTBE and other trace level organics. /' rrrrliCaI-,i(''jI s Cost effective AquaCarb activated carbons developed by Evoqua have been demonstrated to provide superior performance in an extensive array of liquid phase treatment applications. AquaCarb activated carbons are available for: Removal of trace organic contaminants Pesticide removal MTBE removal Disinfection by- product (DBP) removal Drinking water treatment Industrial process water treatment Home water filtration systems AquaCarb activated carbons are extensively quality checked at our State of California certified environmental and carbon testing laboratory located in Los Angeles, CA. Evoqua's laboratory is fully equipped to provide complete quality control analyses using ASTM standard test methods in order to assure the consistent quality of all Westates'R) carbons. Our technical staff offers hands -on guidance in selecting the most appropriate system, operating conditions and carbon to meet your needs. For more information, contact your nearest Evoqua representative. Fn [-u1' s and ANSI /NSF Standard 61 classified for use in potable water applications Fully conforms to physical, performance and leachability requirements established by the current ANSI /AWWA B604 (which includes the Food Chemical Codex requirements) A detailed quality assurance program guarantees consistent quality from lot to lot and shipment to shipment TYPICAL PROPERTIES Safety Note: Under certain conditions, some compounds may oxidize, decompose o, polymerize in the presence ofactivated Parameter »nuaca'»m »wuaca'» ^wuaca'» carbon causing a carbon bed temperature rise that is sufficient 25 100 830c osoc 1240C to cause ignition. Particular care must br exercised when Carbon Type comnv� Coconut comnv� compounds that have a peroxide-forming tendency are being Shell Shell Shell Superficial Velocity, GPM/FT2 Superficial Velocity, GPM1FT2 adsorbed. |n addition the adsorption nfVO[s will lead tothe Mesh Size, usSieve axso nxao nx*o generation o| heat within a carbon bed. These heats ofreaction Effective Size, mm 0.8 -1.1 0.6 -0.85 0.55 -0.75 and adsorption need tobr properly dissipated in order tofully assure the safe operation of the bed. Uniformity Coefficient o 2.0 1.9 Wet activated carbon readily adsorbs atmospheric oxygen. Iodine wo,m9/2/9 nnn nno nnn Dangerously low oxygen levels may exist in closed vessels Hardness wo, Wt. m *s *s *s or poorly ventilated storage areas. Workers should follow all Superficial Velocity, GPIMIFT2 Superficial Velocity, GpM/FT2 applicable state and federal safety guidelines for entering Abrasion wu' Wt. m us as as oxygen depleted areas. Awoentuensuug/cc 0.46-0.52 0.46-0.52 0.46-0.52 Water Soluble Ash, Wt. % z z z eVO����� ��N� 181 Them Hill Road, Warrendale, m15086 Aq ua(-arb and westamare trademamuEvoc~m=bsidiarie,or atfi hates, ." some countries. All information presented herein is believed reliable and ." accordance with accepted engineering practices. Evoq"" makes "° ="""nes asm the completeness * this information. Users are responsible for evaluating individual product suitability for specific applications. Evm= assumes "° liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. muxsEvoq"" Water Technologies ILo Subject m change without notice wS-»o2-oS-0815 1111-17,1117 CCAGENDAPACKETPG 398 /010 25 100 01 5 Superficial Velocity, GPM/FT2 Superficial Velocity, GPM1FT2 30 0 "low 10 L 0 6 8 10 12 14 16 18 20 0 Superficial Velocity, GPIMIFT2 Superficial Velocity, GpM/FT2 eVO����� ��N� 181 Them Hill Road, Warrendale, m15086 Aq ua(-arb and westamare trademamuEvoc~m=bsidiarie,or atfi hates, ." some countries. All information presented herein is believed reliable and ." accordance with accepted engineering practices. Evoq"" makes "° ="""nes asm the completeness * this information. Users are responsible for evaluating individual product suitability for specific applications. Evm= assumes "° liability whatsoever for any special, indirect or consequential damages arising from the sale, resale or misuse of its products. muxsEvoq"" Water Technologies ILo Subject m change without notice wS-»o2-oS-0815 1111-17,1117 CCAGENDAPACKETPG 398 Listing Category Search Page I NSF International F, The Public Health and Safety Organization NSF Product and Service Listings Page 1 of 2 These NSF Official Listings are current as of Friday, July 28, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsComl2onents/Listings.asl2? Company= CO 227o68 &Standard= o6 1& NSF /ANSI 61 Drinking Water System Components - Health Effects NOTE: Unless otherwise indicated for Materials, Certification is only for the Water Contact Material shown in the Listing. Click here for a list of Abbreviations used in these Listings. Click here for the definitions of Water Contact Temperatures denoted in these Listings. Evoqua Water Technologies LLC 1425o Gannet Street La Mirada, CA go638 United States 714- 228 -8800 Facility: Zwentendorf, Austria Process Media 11/15/17 CC AGENDA PACKET PG 399 http://info. nsf. org/ Certified /PwsComponents/Listings. asp ?Company =CO23 7068 & Standard... 7/28/2017 Listing Category Search Page I NSF International Page 2 of 2 Water Water Contact Contact Trade Designation Size Temp Material Granular Activated Carbon AC1240CAT 12X40 12 x 40 mesh CLD 23 GAC NOTE: Certified for water treatment plant applications. This product has not been evaluated for point of use applications. Number of matching Manufacturers is 1 Number of matching Products is 1 Processing time was o seconds 11115117 CC AGENDA PACKET PG 400 http:Hinfo. nsf. org/Certified/PwsComponents/Listings. asp?Company=CO23 7068 &Standard... 7/28/2017 FDNP.MH25964 - Drinking Water System Components FDNP.MH25964 Drinking Water System Components Page 1 of 2 Page Bottom u. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drinking Water System Components See General Information for Drinking Water System Comoonents EVOQUA WATER TECHNOLOGIES L L C 14250 Gannet St La Mirada, CA 90638 USA Plant at: Plant 6 NSF /ANSI 61 Process Media M H25964 Process Media Trade Dsg Water Contact Temp ( °C) Water Contact Mtl Surface Area AQUACARB 1240AWC Water Granular Activated Carbon (GAC) to AQUACARB 1240C Contact Water Contact Volume Trade Dsg Temp ( °C) Mtl Ratio AQUAPAC 500 23 Powder Activated Carbon (PAC) 250 mg /L AC1230CX 23 Granular Activated 250 Carbon (GAC) AC1240CX 23 Granular Activated 250 Carbon (GAC) AC830CX 23 Granular Activated 250 Carbon (GAC) ACTIV 30 23 Granular Activated 250 Carbon (GAC) AquaCarb 830 NoRise 23 Granular Activated 250 Carbon (GAC) AquaCarb 830 NRDRY 23 Granular Activated - Carbon (GAC) AquaCarb CXS 8x30, 8x40, 12x30 and 12x40 23 Granular Activated 250 Carbon (GAC) Custom Reactivated Granular Carbon (Municipal) 8x16, 8x20, 8x30, 23 Granular Activated 250 8x40, 1200 and 12x40. Carbon (GAC) Process Media Trade Dsg Water Contact Temp ( °C) Water Contact Mtl Surface Area to Volume Ratio AQUACARB 1240AWC 23 Granular Activated Carbon (GAC) 250 mg /L AQUACARB 1240C 23 Granular Activated Carbon (GAC) 250 mg /L AQUACARB 2050C 23 Granular Activated Carbon (GAC) 250 mg /L AQUAPAC 500 23 Powder Activated Carbon (PAC) 250 mg /L PACT 23 Powder Activated Carbon (PAC) 250 mg /L Last Updated on 2017 -04 -20 Ouestions? Print this oaae Terms of Use Paae To © 2017 UL LLC 11/15/17 CC A GENDA PA CKET PG 4 01 http://database.ul. com /cgi- bin/XYV /template/LISEXT/ 1 FRAME /showpage.html ?name =F... 7/12/2017 FDNP.MH25964 - Drinking Water System Components Page 2 of 2 The appearance of a company's name or product in this database does not in itself assure that products so identified have been manufactured under UL's Follow -Up Service. Only those products bearing the UL Mark should be considered to be Certified and covered under UL's Follow -Up Service. Always look for the Mark on the product. UL permits the reproduction of the material contained in the Online Certification Directory subject to the following conditions: 1. The Guide Information, Assemblies, Constructions, Designs, Systems, and /or Certifications (files) must be presented in their entirety and in a non - misleading manner, without any manipulation of the data (or drawings). 2. The statement "Reprinted from the Online Certifications Directory with permission from UL" must appear adjacent to the extracted material. In addition, the reprinted material must include a copyright notice in the following format: "© 2017 UL LLC ". 11/15/17 CC A GENDA PA CKET PG 4 02 http://database.ul. com /cgi- bin/XYV /template/LISEXT/ 1 FRAME /showpage.html ?name =F... 7/12/2017 Listing Category Search Page I NSF International F, The Public Health and Safety Organization NSF Product and Service Listings Page 1 of 2 These NSF Official Listings are current as of Friday, July 28, 2017 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsComl2onents/Listings.asl2? Company= Co161572 &Standard =o61& NSF /ANSI 61 Drinking Water System Components - Health Effects NOTE: Unless otherwise indicated for Materials, Certification is only for the Water Contact Material shown in the Listing. Click here for a list of Abbreviations used in these Listings. Click here for the definitions of Water Contact Temperatures denoted in these Listings. Evoqua Water Technologies LLC 1425o Gannet Street La Mirada, CA go638 United States 714- 228 -8800 Facility: # 1 Philippines Process Media 11/15/17 CC A GENDA PA CKET PG 4 03 http://info. nsf. org/ Certified /PwsComponents/Listings. asp ?Company= C0161572& Standard... 7/28/2017 Listing Category Search Page I NSF International Trade Designation Granular Activated Carbon[i] Aquacarb@ 123oAWC Aquacarb@ 1230C Aquacarb@ 124oAWC Aquacarb@ 1240C Aquacarb@ 830C [1] The carbon source is coconut shell. Page 2 of 2 NOTE: Certified for water treatment plant applications. This product has not been evaluated for point of use applications. Number of matching Manufacturers is 1 Number of matching Products is 5 Processing time was o seconds 11/15117 CC A GENDA PA CKET PG 4 04 http:Hinfo. nsf. org/Certified/PwsComponents/Listings. asp?Company=CO 1615 72& Standard... 7/28/2017 Water Water Contact Contact Size Temp Material 12 x 30 mesh CLD 23 GAC 12 x 30 mesh CLD 23 GAC 12 x 40 mesh CLD 23 GAC 12 x 40 mesh CLD 23 GAC 8 x 30 mesh CLD 23 GAC [1] The carbon source is coconut shell. Page 2 of 2 NOTE: Certified for water treatment plant applications. This product has not been evaluated for point of use applications. Number of matching Manufacturers is 1 Number of matching Products is 5 Processing time was o seconds 11/15117 CC A GENDA PA CKET PG 4 04 http:Hinfo. nsf. org/Certified/PwsComponents/Listings. asp?Company=CO 1615 72& Standard... 7/28/2017 ,W�� V UA REFERENCES CONFIDENTIAL PARTIAL LIST BULK SLURRY CARBON EXCHANGE SERVICE CUSTOMERS Evoqua Water Technologies LLC is a recognized leader in the supply of activated carbon products and services to several industries. Evoqua is highly experienced in the onsite exchange of spent activated carbon, with conveniently located service branches across the country, a trained staff of field service technicians, and a fleet of bulk slurry trailers to provide for the prompt, safe, and efficient removal of spent activated carbon. The following references receive bulk -slurry exchange services from Evoqua ADDI IrATIMI• MI 1K11rIDAI _ Df1TAR1 F WATER CITY OF RIVERSIDE, CALIFORNIA Contact: Adam Ly; 951 - 351 -6331, aly @riversideca. Site Location: Multiple well sites in Riverside, CA Application: Groundwater treatment for potable use carbon is exchanged by slurry trailer when spent ar coconut shell based carbon. GLENDALE OPERABLE UNIT Contact: Charles Cron, CDM; 81 Site Location: Eight (8) adsorpti( Application: Groundwater treatm annually. CITY OF LOMA LIND Contact: Russ Handy; Site Location: Loma L Application: Groundw< carbon is exchanged carbon or AquaCarb I removal). The spent arb® 1230C virgin vessel exchanged 2 -3 times for potable use (DBCP, TCP, and TCE removal). Spent ✓ith either AquaCarb® 1230C virgin coconut shell based based carbon. SCE ARROWHEAD WATER AGENCY) er, Assistant General Manager, 909 - 338 -1779 n vessels treatment for potable use (TOC and TTHM). Each vessel is They use at a 75 %/ 25% split with NSF react and return / virgin BURBANK OPERABLE UNIT Contact: Richard Salazar, Operations Supervisor, 818 - 861 -7253 Site Location: Two (2) towers with 40,000 lb. fills Application: Groundwater treatment for potable use (TCP). Currently we are testing multiple medias, AC1230C, AC1230CX, NSF- AC1230CS and NSF- AC1230CSX Evoqua Water Technologies LLC Confidential Page 1 of 2 w�� V UA APPLICATION: ENVIRONMENTAL REMEDIATION BROOKHAVEN NATIONAL LABORATORIES Contacts: Vinnie Racaniello; 631 - 344 -5436, vjr @bnl.gov Site location: Various well sites near Upton, NY (Long Island) Application: Carbon treating groundwater for VOC removal. The spent carbon is exchanged by bulk slurry trailer, custom reactivated, and returned to the customer. DELTA CONSULTANTS, INC. Contact: Catherine Scott; 651 - 697 -5230, cscott @deltaenv.com Site Location: Sacramento, CA Application: Groundwater remediation and soil vapor extraction for VOC removal. Evoqua Water Technologies LLC Page 2 of 2 Confidential AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ( "Agreement ") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY ") and CALGON CARBON CORPORATION ( "CONTRACTOR "). RECITALS WHEREAS, the State Water Resources Control Board Division of Drinking Water (DDW) recently adopted a new maximum contaminant level (MCL) of 5 parts per trillion for the synthetic organic chemical 1,2,3- Trichloropropane (TCP); and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP levels exceeding the MCL; and WHEREAS, the CITY adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System; and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of providing granular activated carbons for TCP removal. WHEREAS, the CITY desires to employ CONTRACTOR to provide granular activated carbon to City -Owned Water Wells affected by TCP ( "Project" herein) as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide granular activated carbon for TCP removal for 48 vessels as part of the TCP Mitigation Project. CONTRACTOR shall provide granular activated carbon type HPC830 for 32 vessels and Filtrasorb 400 for 16 vessels in accordance to the pricing schedule referenced within Exhibit B. The Scope of Work shall include all INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 1 of 10 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 /PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ( "Compensation "): A total not to exceed payment of $934,176 after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONTRACTOR within 30 days after CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $934,176 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2018. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 2 of 10 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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. 12. 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. 13. 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. 14. 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 INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 3 of 10 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. 15. 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. 16. INSURANCE. 16.1 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 "). 16.1.1 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. 16.1.2 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: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 4 of 10 16.1.3 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 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. 16.2 General Provisions Applying to All Insurance Types. 16.2.1 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. 16.2.2 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 INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 5 of 10 insurance and must not contribute with it. 16.2.3 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. 16.2.4 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. 16.2.5 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. 16.2.6 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. 16.2.7 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. 17. 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 6 of 10 18. 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. 19. 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. 20. 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. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. 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. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 7 of 10 effective as such. 24. 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. 25. 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. 26. 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. 27. 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. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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. 30. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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: INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 8 of 10 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: CALGON CARBON CORPORATION 3000 GSK DRIVE MOON TOWNSHIP, PA 15108 (412) 787 -6702 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 9 of 10 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 JOSHUA RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ARTHUR CHIANELLO, P.E. Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" CALGON CARBON CORPORATION By: Print Name: Title: Attachment: Exhibit A - Request for Proposal Exhibit B - CONTRACTOR Proposal INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 S: \TCP Removal Project \Carbon Procurement \Agreements \Calgon Agreement.Docx Updated - September 11, 2017 Page 10 of 10 ON WIN. I LAG I I Wkk I An Employee Owned Company October 2, 2017 Exhibit A 286 W. Cromwell Avenue Fresno, CA 93711 -6162 Tel: (559) 449 -2700 Fax: (559) 449 -2715 www.ppeng.com RE: City of Bakersfield 1,2,3 - Trichloropropane Mitigation Project — Phase 1 Granular Activated Carbon (GAC) Media Procurement Proposal Guidelines The City of Bakersfield (City) is proceeding with a project to mitigate 1,2,3- Trichloropropane (TCP) contamination of many of the City's wells. The first phase of the mitigation project involves the construction of granular activated carbon (GAC) wellhead treatment plants at twenty -four (24) well sites. These treatment plants will include a total of eighty -four (84) 714 ft3 capacity GAC vessels. The City has contracted with Provost & Pritchard Consulting Group to prepare plans and specifications for the required improvements and to assist with procurement of the initial load of GAC media. W. M. Lyles Co. is also engaged by the City to assist in this process and will be the Design - Builder on the project. It is the City's intent to enter into a contract with one or more activated carbon suppliers to provide the initial load of activated carbon for all 84 Phase 1 GAC vessels. All vessels will be operated in pairs in a series (i.e. lead -lag) configuration. Contract(s) for future carbon changeouts will be issued through a separate request for proposal (RFP) at a later date. Of the 84 vessels to be loaded, four (4) vessels will require catalytic carbon suitable for sulfide removal treatment incorporating supplemental oxygen addition. The catalytic carbon will be installed only in the lead vessels at the applicable sites. The City recently conducted a rapid small -scale column test ( RSSCT) study with the intent to rank carbon performance for this procurement. It was anticipated that adjustment factors would be developed to allow the City to select the best value carbon considering both price and performance. The RSSCT study results are included as an attachment to this RFP. It is noted that the bed volumes at termination of the RSSCT were not sufficient to capture carbon breakthrough at the maximum contaminant level concentration of 5 parts per trillion (0.005 fag /L). Furthermore, the carbon performance observed in the RSSCT study does not correlate well with full -scale performance at existing nearby GAC treatment plants, which predict no better than approximately 70,000 BV to breakthrough at the MCL. For the reasons described above, the City has decided not to use the RSSCT to apply strict numerical scaling to carbon bid prices at this time. Instead, the City will likely select multiple carbons provided by one or more suppliers to install at various GAC sites throughout the City's system. At sites where multiple treatment trains are installed in parallel, the City will install different carbons in each series vessel pair. Monitoring the full -scale performance of the different carbons installed side -by -side will allow the City to establish scaling factors for use in the future resupply contract. The final decision of which carbons to purchase for the initial load will be based on factors including: • The supplier's ability to support the project schedule • The relative bid prices • The relative carbon performance predicted by the RSSCT G:\Bakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 2of3 • Whether it appears likely that product cost differences will be compensated for by differences in performance The following guidelines must be followed by suppliers interested in supplying GAC. 1) The enclosed carbon procurement documents are being distributed to suppliers on October 2, 2017. 2) Proposals are due by October 11 th, 2017 at 4:00 PM. Proposals will be accepted up to the deadline either in hard copy form delivered to 286 W. Cromwell Ave., Fresno, CA 93711 or in electronic form e- mailed to kberryhill(a-)_ppeng.com. If a proposal is submitted by e-mail, the identical hard copy must be received at the above street address no later than 5:00 p.m. Friday October 131H 3) Send written questions via email to Kevin Berryhill of Provost & Pritchard (kberryhiI I(d)-ppeng.com). 4) The City anticipates making a selection of supplier(s) and awarding at the November 1St 2017 City Council meeting. 5) Proposals and terms must comply with the attached GAC specification. 6) Each supplier is invited to submit proposals for one or more carbons provided that the carbon was included in the RSSCT study. Any requests to substitute alternative carbons not included in the RSSCT shall be made prior to submitting a proposal. 7) Since the City has not decided if or how the bid award will be split between the carbon products, the suppliers may choose to establish a cost scale (price points) for each carbon based on the number of 714 ft3 loads ordered. 8) Performance guarantee: a. No long -term 1,2,3- Trichloropropane performance guarantee is being enforced b. Refer to the specification for other warranty terms. 9) Schedule: a. The enclosed schedule represents the latest TCP mitigation project schedule. b. The supplier shall assume that carbon delivery for each site shall occur on the date the "Testing and Startup" task begins. The Supplier's price shall be valid for a period no less than one month beyond the forecasted scheduled delivery dates and the Owner reserves the right to change the order in which the well sites receive deliveries. GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx City of Bakersfield TCP Mitigation Project Job No. 01046 -16- 003 -TK7 October 2, 2017 Page 3of3 c. The proposal shall clearly describe any supply limitations for each product (e.g. it may not be possible to meet the schedule if certain specialized carbons are selected). 10) Liquidated Damages: To the extent that delay(s) in GAC delivery result in a delay in meeting the project Group 1 and Group 2 completion dates (April 5th and May 23 d, 2018 respectively), liquidated damages of $10,000 /calendar day will apply. 11) Pricing: a. Pricing shall be all- inclusive for full service supply and installation of the carbon and shall include materials, equipment, labor, transportation costs, sales tax (City sales tax is 7.25 %), fees, permits, etc. 12) The City of Bakersfield's Terms and Conditions are enclosed for reference. The supplier shall describe any concerns or issues related to the Terms and Conditions in their proposal. Respectfully, Kevin Berryhill, P.E. Principal Engineer Enclosures: 1. GAC Specification 2. RSSCT Results 3. Preliminary Project Schedule 4. Terms and Conditions GABakersfield_City of- 1046 \104616003 -TCP Mitigation \_DOCS \Reports \Carbon Procurement \Bakersfield GAC Proposal Guidelines 20171002.docx SECTION 433283 GRANULAR ACTIVATED CARBON PART 1 - GENERAL A. Description This section describes manufacture, delivery and installation of granular activated carbon (GAC) for removal of 1,2,3 - trichloropropane (TCP) at City of Bakersfield, California municipal drinking water wells. B. Work to be Included 1. The supplier shall be responsible for the following: a. Procurement of GAC b. Delivery of GAC to the project site C. Furnishing all air compressors, hoses, fittings, etc. required for slurry transfer of the carbon from the delivery truck into the GAC vessels. d. Slurry transfer (i.e. installation) of the GAC into the GAC vessels 2. The following work will be completed by others: a. Supply and installation of GAC treatment vessels and appurtenances; b. Disinfection of GAC vessels and associated piping prior to installation of carbon; C. All water quality analyses described in this specification; d. Soaking and backwashing of the carbon after installation C. Standards: 1. Unless otherwise noted, all materials and services contained in this specification shall comply with the latest edition of AWWA B604. D. Supplier's Qualifications 1. The Supplier shall include in their proposal documentation describing their carbon supply and delivery experience and facilities. Sufficient information shall be provided to assure the Owner that the Supplier can fulfill its obligations under the contract. E. Submittals 1. The Supplier shall submit the following information with their proposal: a. Pricing per 714 ft3 load (volume after soaking and initial backwashing) b. Delivery schedule based on the preliminary project schedule included in the RFP C. Standard product datasheets including typical ranges of: Granular Activated Carbon 433283 -1 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 420 (1) Particle size (2) Apparent density; (3) Iodine number (4) Ball Pan hardness; (5) Peroxide number (for catalytic carbons) d. Temperature- specific media downflow pressure drop curves and backwash bed expansion curves (per product) e. NSF -61 certification f. Description of GAC supply chain including describing where the carbon will be shipped from; how much of the applicable carbon type is typically stockpiled and at what location and a description of the Supplier's delivery truck fleet. 2. The Supplier shall submit the following information prior to delivery of the GAC: a. Soaking and backwashing instructions b. A list of site features and Owner activities required to support carbon delivery C. Test Reports - The following test reports shall be provided: (1) The Supplier's laboratory analysis for the lot of virgin GAC provided. The procedure for sampling, analysis, and reporting is specified as follows: (a) The certified laboratory selected by the Supplier shall analyze the material based upon the requirements of these specifications. Testing methods shall be in accordance with Section 4 (Testing Methods) of the AWWA Standard for Granular Activated Carbon (AWWA B604), the Food Chemical Codex protocol (National Academy press), and appropriate ASTM standards. (b) A test report shall be submitted by the Supplier showing compliance with the specifications as described herein, along with a statement certifying that the material for shipment is equal in quality to and from the same lot as the representative sample submitted. (c) Test reports on the representative samples of GAC shall contain the following information: • Apparent density • Mesh size • Effective size • Ball pan hardness; • Iodine number • Moisture as packed (percent) • Water soluble ash (percent) • Total ash Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -2 3. The Supplier shall submit the following information upon delivery of the GAC: a. Weight tickets for the actual delivered GAC. b. Samples: If so requested by the Owner's Representative, samples of the GAC provided for the initial filling of adsorber vessels shall be provided in accordance with paragraph 1.4.3, "Sampling and testing after delivery of shipment," of the AWWA Standard for Granular Activated Carbon (AWWA B604 -12). F. GAC Treatment Conditions 1. All adsorbers consist of 12 -foot diameter vessels operated in series. 2. Contact Time - The adsorbers have carbon capacities of 714 ft3 per vessel. The vessels will provide empty bed contact times ranging from approximately 12 to 22 minutes (lead and lag beds combined). 3. Hydraulic loading rates range from approximately 4.4 to 7.5 gpm /ft2. 4. Adsorbers are designed to allow no less than 25% bed expansion upon initial washing of the media. G. Regulatory Requirements 1. The Supplier shall comply with all applicable regulatory requirements including, but not limited to, the following: a. Occupational safety and health requirements of OSHA and Cal -OSHA. b. U.S. Department of Transportation requirements for transportation of the GAC. C. Local air pollution control requirements regarding potential releases of chemicals or particulates during transfer of GAC to absorber vessels. d. ANSI /NSF -61 certification of carbon. 2. Evidence (copies of permits, etc.) shall be provided if requested by the Owner. The Supplier shall obtain all necessary permits related to the delivery of the carbon at his own expense. H. Warranty 1. The Supplier shall warranty the GAC against the following conditions occurring within one month of the vessel entering service: a. The Supplier shall warrant against coliform bacteria being detected in the vessel intermediate or effluent sample ports. This provision does not apply if the raw well water upstream of the well pump discharge check valve is also contaminated with coliform bacteria. b. The Supplier shall warrant against the leaching of any regulated inorganic or organic contaminant from the carbon. This provision shall not apply to nitrate if the raw water nitrate level exceeds one -half of the nitrate MCL (i.e. nitrate sloughing). Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 433283 -3 Should either of the above provisions come into effect, the Supplier shall be given two working days following notification to propose a mitigation strategy (e.g. carbon disinfection) to bring the carbon back into compliance. The problem must be corrected or the carbon replaced within two weeks. All costs for correcting the problem including labor, disinfection, laboratory charges and materials shall be paid for by the Supplier. PART 2 - MATERIALS A. Allowable GAC Products The supplied GAC shall be one of the Supplier's standard products listed below. Any products differing from products listed below must be approved prior to proposal submittal. • AC1230C (Evoqua) • AC1230CX (Evoqua) • AC1240CAT (Evoqua) • AquaSorb CX (Jacobi) • AquaSorb CX -MCA (Jacobi) • Centaur 12x40 (Calgon) • F400 (Calgon) • HPC830 (Calgon) B. Granular Activated Carbon GAC shall be as specified below. General The granular activated carbon shall be virgin material manufactured from coconut shells or bituminous coal only. Activation shall be carefully controlled to produce a material having a high internal surface area with optimum pore size for effective adsorption of 1,2,3 - trichloropropane. Physical Characteristics Physical characteristics of the product delivered for this project shall be consistent with the typical physical characteristics of the manufacturer's standard bulk product for municipal water treatment clients. The physical characteristics of the carbon supplied for this project will be analyzed and will establish a baseline that the manufacturer will be held to for subsequent resupply contracts. 3. Handling Characteristics The GAC's physical size and density must be such that it shall flow readily within the virgin GAC transfer piping and must form a workable slurry with a concentration of approximately 0.21 kg of carbon per liter (2 pounds of carbon per gallon) of water. 4. Quantity: Each vessel will be loaded with enough carbon to ensure a working carbon volume of 714 ft3 following initial soaking and backwashing. 5. Delivery and Installation of GAC a. Following testing, inspection, and disinfection of the GAC vessels (by others), each adsorber vessel shall be filled with a minimum 714 ft3 (after backwashing) of virgin GAC in accordance with these specifications. Granular Activated Carbon 433283 -4 Bakersfield TCP Mitigation - 2 Oct 2017 11/15/17 CC AGENDA PACKET PG 423 b. Total coliform test results following disinfection of vessels (by others) will be made available to the Supplier. Should the supplier wish to independently confirm the bacteriological quality of the water in the vessels or in the City's water supply, it shall be at their own expense and with no impact to the schedule. C. The supply contract will be awarded in groups of two vessels (i.e. series pairs) and carbon deliveries shall be for two vessels at the same site on the same day. d. Delivery shall be during normal business hours. e. The Supplier shall deliver GAC in trailers used solely for the transport of GAC. Trailers shall be thoroughly cleaned prior to filling with GAC and shall be lined or constructed with materials suitable for transporting GAC that will be in contact with potable water. f. Makeup or rinse water needed for the transfer shall be potable water provided by the Owner. The Supplier shall provide any necessary hoses, site glasses, piping, and appurtenances for using this water. The compressed air supply required for transfer of carbon shall be provided by the Supplier. g. All water used in the transfer process shall be discharged to the point on site designated by the Owner; no discharges will be permitted without the Owner's permission. h. GAC shall be transferred as a water slurry only, using air pressure on the trailer as the motive force. Use of a pump or eductor to transfer the carbon from the trailer into the adsorber vessel will not be allowed. Bag loading or dry loading of the GAC into the adsorber vessel is prohibited. The GAC shall be loaded into the trailers before the units are driven on to the site. The Supplier will be responsible for cleanup of all GAC and slurry spills that may occur during the GAC transfer operation. Material Testing and Start -Up The water provided by the Owner meets all the maximum contaminant levels (MCLs) for organic and inorganic contaminants except for 1,2,3 - trichloropropane. The Owner acknowledges that some 1,2,3 - trichloropropane may leak from the vessels immediately following backwashing; however, it is expected that no 1,2,3 - trichloropropane will be detected in the effluent following a brief period (1 hour) of forward flushing or normal operation. Except for 1,2,3 - trichloropropane, the quality of the virgin carbon will be reflected by the quantity of inorganics leached into the effluent in terms of secondary inorganic contaminations of phosphates, ash, etc. At the Owner's discretion, the effluent may be sampled (after the washing is considered complete) and tested by an independent laboratory. This inorganics test may be repeated within two (2) weeks after start -up. The treatment system must provide water that does not exceed the MCLs for primary or secondary contaminants. Granular Activated Carbon Bakersfield TCP Mitigation - 2 Oct 2017 END OF SECTION 433283 -5 Eiigineering PeWorniance Solutions CARBON EVALUATION FOR 1,2,3- TRICHLOROPROPANE REMOVAL As commisioned by: PROVOST & PRITCHARD 286 W. Cromwell Avenue Fresno, CA 93711 Prepared by: Engineering Performance Solutions, LLC 3161 St. Johns Bluff Rd. S., Suite 3 Jacksonville, FL 32246 904 - 645 -7775 Report #: 206.01.0817 Amended Date: 09/06/17 SCOPE Per our agreement with Provost & Pritchard, Engineering Performance Solutions, LLC (EPS) agreed to perform a series of rapid small -scale column tests (RSSCTs) to evaluate the breakthrough performance of eight (8) different granular activated carbons (GACs) for 1,2,3- Trichloropropane (TCP) removal for the City of Bakersfield, CA. Other common indices were also tested: iodine number, apparent density, ball pan hardness and surface area. The carbons used for the test are: • Calgon Centaur, F400 and HPC -830 • Evogua AC1230C, AC1230CX and 1240CAT • Jacobi AquaSorb CX and AquaSorb CX -MCA Parameters such as the flow rate, GAC particle size, empty bed contact time (EBCT), and hydraulic loading are all required for the scaling equations and were furnished by Provost & Pritchard. The RSSCT was designed to simulate a full -scale EBCT of 10.0 minutes for a period of approximately 100,000 bed volumes. METHOD Raw water from the City of Bakersfield, CA was collected on 06/26/17 and shipped (on ice) overnight to the EPS facilities in Jacksonville, FL. The water was stored at 4 °C until the testing commenced. A key feature of RSSCTs is that the GAC grains utilized in the mini - column are considerably smaller than full -scale grains. As determined by Crittenden et al. (1991), mini - columns containing finely ground GAC can accurately simulate full -scale GAC breakthrough profiles in a fraction of the time required for full -scale adsorption systems. As the mini - column was processing water, effluent samples were collected on a regular basis and analyzed for TCP until 100,000 bed volumes of water was processed. All samples were tested by BSK Associates Laboratory in Fresno, CA. using a GC -MS SIM with method SRL 524M -TCP. The average TCP influent concentration at the start of the tests was 0.058 ug /L and the average influent concentration at the end of the tests was 0.060 ug /L. The Minimum Detection Limit (MDL) is 0.00016 ug /L. RESULTS The breakthrough curve produced by graphing the various carbons performance as water was being processed through the columns are shown below if Figure 1. More detailed results are show in Table 1. Tables 2 and 3 contains the methods and testing parameters that were also tested for each carbon as requested by Provost & Pritchard. Report Page 2 iw t:raap;oeeedng Performance Solutions 11/15/17 CC AGENDA PACKET PG 426 Figure 1. BVs 0.00616 ... 0.00516 J 2 87433 0.00016 4 . 0.00416 CL AC1230 CX U TCP ug /L ~ 0.00316 0.00016 2 86316 0.00016 3 0.00216 W AC1230 C BVs 0.00116 1 0.00016 -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L hx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 4 . o, o (P�7r ��� t ��tl lYN��;,,, a�,,,, G,,,,,,,,(,,,,,, rt,,,,,,; j„ �n,,,,,,, p,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,, ,,,,,,,,,,,¢,,,,,,,,,,,,,,¢,,,, �s„ ,,,,, ,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,, -s.— CX -MCA a ,,,,,,,,,AC 1230 CX ................ .AC1230 C ,,,,,,,,,,, HPC -*—Centaur .�Q� A F400 ®1240 CAT Aquasorb CX 0 20000 40000 60000 80000 100000 120000 Bed Volumes Effluent Breakthrough Curve. Average Influent Concentration = 0.0588 ug /L hx'17rz1 Aquasorb CX- MCA BVs TCP ug /L 1 0 0.00016 2 87433 0.00016 3 104087 0.00058 AC1230 CX BVs TCP ug /L 1 0 0.00016 2 86316 0.00016 3 101328 0.00049 AC1230 C BVs TCP ug /L 1 0 0.00016 2 86803 0.0031 3 101270 0.0038 *Continued on next page* Report Page 3 E'raapioeeedng Performance Solutions 11/15/17 CC AGENDA PACKET PG 427 HPC -830 BVs TCP ug /L 1 0 0.00016 2 83881 0.00016 3 99609 0.00016 Centaur BVs TCP ug /L 1 0 0.00016 2 12548 0.00016 3 25096 0.00016 4 37643 0.00043 5 50191 0.00093 6 62739 0.0026 7 81561 0.0039 8 87834 0.0048 9 100382 0.0057 F400 BVs TCP ug /L 1 0 0.00016 2 11440 0.00016 3 22880 0.00016 4 34320 0.00016 5 45760 0.00029 6 57200 0.00039 7 74360 0.0010 8 85800 0.0011 9 102961 0.0020 1240CAT BVs TCP ug /L 1 0 0.00016 2 13827 0.00016 3 27655 0.00037 4 41482 0.00027 5 55310 0.00033 6 69137 0.00049 7 82964 0.00072 8 103705 0.0018 Aquasorb CX BVs TCP ug /L 1 0 0.00016 2 12109 0.00016 3 24217 0.00016 4 36326 0.00016 5 48434 0.00016 6 60543 0.00073 7 72651 0.0011 8 84760 0.0018 9 102922 0.0036 Report Page 4 iw E'raapiaeeedng Performance Solutions Table 2. Test Method Iodine Number ASTM D4607 Ball Pan Hardness AWWA B604 BET Surface Area Instrument: Nova 3200e Apparent Density AWWA B604 Average Diameter AWWA B604 Table 3. Carbon ID Iodine Number (mg /g) Ball Pan Hardness (% Retention) Average Diameter (mm) BET Surface Area (m2 /g) Apparent Density (g /cc) Centaur 963 82.0 1.104 1070.0 0.62 F400 1182 83.7 1.054 1233.5 0.55 H PC -830 1192 71.2 1.470 1206.3 0.43 AC1230C 1219 87.5 1.186 1281.9 0.52 AC1230CX 1446 85.3 1.046 1574.9 0.41 1240CAT 1307 93.0 1.159 1302.8 0.53 AquaSorb CX 1166 91.6 1.085 1132.7 0.57 AquaSorb -MCA 1603 87.5 0.899 1618.6 0.44 NOTE: Please be advised that the information contained within this report is not definitive. Changes in water quality or activated carbon quality could influence the results presented above. In other words, seasonal changes in water quality could impact removal efficiencies. Additionally, the trends and performance depicted here are specific to this facility only and should not be considered representative of any other. Report Page 5 iw E'raapiaeeedng Performance Solutions References Crittenden JC, Reddy PJ, Arora H, Trynoski J, Hand DW, Perram DL, Summers RS. Predicting GAC performance with rapid small scale column tests. J AWWA 1991 83-1-77-87. Report Page 6 Performance Solutions gry, w 9 s°y 3 s 7 5 a 5 § w '2 g 5 4 11 � C III �..... ti ti w ., ., ., ., ., ., » » »n n m., ., ., ., ., ., ., ., - - - - - - - - - - - -' 6 €' « m e v n n n n n n n n -- -- -- - Sddd n {3 3 F o u o u u o uddd u F o u a u u o uddd u 9 o u o 99 a� n x� ar o� �s A 5 �,,,,, - ,m,,,,,mH- H H'A --- --- , , HH- y Y Y Y Y - W - - - - - - - -§ C u 3 £ 6 3 3 3 u e= 11/15117 CC A PA CKt mom 11 It 111 H 11 H 11110 1111111111111111111111111 H 1111111111111111112 I In I I In I M nil u I I I I I I I IIIN HUM I a IIHM unumn ma I H WHIM 1 if! lit 11 u 11 if! 1111 HUM 1 if"Mit 11 H 1 in! 11 H 11 a if I III ar mi aS 11115117 CC AGENDA PACKET PG 433 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE F2 In! in!! ill! lz-- I n u In u I I I In I I In Ill! I I I I I I I I I ul Ull 1111111111 i W! 1 it 1 if! iflin 1 " 11 in lit H n 1 if if! 1111 if! M if if! 1 it lif ill if! 11! 111! 1 I III ar mi 11/15117 CC A GENDA PA CE ---------- 2 s I ®I ss mI aS 11115117 CC AGENDA PACKET PG 435 I -- — — -- — — — — -- — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- III ss I -- — — -- — — — — -- — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- City of Bakersfield Terms and Conditions ACCEPTANCE: this Purchase Order becomes a contract subject to the terms, conditions set forth, and incorporated herein by reference. This purchase order is effective and expressly conditioned on supplier's assent to all terms and conditions on this purchase order that are additional to or different from those stated in suppliers' quotation or other offering documents. This purchase order represents the entire agreement between the parties. Any addition to, change in, modification of, or revision of this order shall not be binding unless expressed in writing by an authorized agent of the City of Bakersfield, hereinafter called "the City ". DELIVERY: All prices reflect F.O.B. the City unless otherwise stated herein. Since time is of the essence, deliveries are to be made in the quantities, and at the time specified herein. If supplier's deliveries fail to meet schedule, the City, without limiting its other rights or remedies, may direct expedited routing at no additional charge to the City or may cancel this order or any portion hereof. Supplier shall be liable to the City for all damages, losses, and liability incurred by the City, directly or indirectly, as a result of supplier's breach. Where the City has so authorized in writing, goods may be shipped F.O.B. Shipping Point, but supplier shall prepay all shipping charges and list said charges as a separate item on supplier's invoice unless otherwise specified herein. The City does not accept C.O.D. shipments. SUBSTITUTIONS: All substitutions, partial deliveries, and back orders require notification to, and the consent of, the Buyer whose signature appears on Page 1. PRICE: If price(s) is shown as NOT TO EXCEED or ESTIMATE, actual price(s) may not exceed the price shown on the front of this purchase order without the express authorization of the Buyer whose signature appears on Page 1 unless otherwise stated herein. PRICE WARRANTY: In the event supplier reduces the price(s) for article(s) during the term of this order, supplier agrees to reduce the price(s) hereof correspondingly. Supplier warrants that price shown on this Purchase Order shall be complete and no additional charges shall be added without express written consent of the Buyer whose signature appears on Page 1. SPECIAL CHARGES: Supplier shall be responsible for the payment of all charges for handling, shipping, packaging, wrapping, bags, containers, boxing, crating, labeling, customs duties, taxes, storage, insurance, and other related matters unless the City has assumed an express obligation therefore by notation elsewhere herein. TAXES: The City must pay State Sales Tax. The City is exempt from paying Federal Excise Taxes. A certificate will be furnished upon request INVOICES: Invoices shall be submitted to the City of Bakersfield Finance Department, 1600 Truxtun Avenue, Bakersfield, CA 93301. It is Supplier's responsibility to submit all invoices directly to the Finance Director rather than to the Purchasing or the using department and no invoice shall be considered due for payment until received by the Finance Director. The Purchase Order Number must appear on all correspondence associated with this order, i.e., invoices, packing slips, shipping containers and letters. Failure to state the Purchase Order Number may delay payment. DISCOUNT: Invoices against completed orders are paid by the City Finance Director after authorization by the appropriate City Department. If the City is entitled to cash discount, the period of computation thereof will commence on the date of acceptance of correct, undamaged goods or receipt of correctly completed invoice, whichever is later and NOT the date of the invoice. PAYMENT: Payment will be made, as stated on the face of this Purchase Order, after receipt of invoice and acceptance of goods and /or services. Payment of invoices shall not constitute acceptance of the goods and /or services and invoices shall be subject to adjustment for defect in quality or failure of Supplier to meet City terms and conditions and contract specifications, if any. CONFLICT IN TERMS: When the terms of a separate written agreement between supplier and City and the pre - printed terms on the back of this purchase order or the terms on the front of the purchase order conflict with the written agreement, the terms of the separate written agreement shall prevail. When the pre - printed terms on the back of this purchase order conflict with the terms of on the front of the purchase order, the terms on the front this purchase order shall prevail. WARRANTY: Suppliers expressly warrants that all goods and services shall conform to all specifications, drawings, and samples that may have been provided to the City. Goods and services shall be of good merchantable quality, free from material defect, of good workmanship and fit for the known purpose for which sold or provided. The cost of returning goods found to be otherwise shall be borne by the supplier. LIENS, CLAIMS AND ENCUMBRANCES: Supplier warrants and represents that all the goods when delivered hereunder, will be free and clear of all liens, claims, encumbrances and infringements of any patents, trademarks, copyrights or franchise rights. TERMINATION: The City may terminate this order, or any part hereof, for cause in the event of default by supplier, or if supplier fails to comply with any of the terms and conditions of this purchase order. Late deliveries, deliveries of defective products and /or non - conforming products and failure to provide the City, upon request, of responsible assurance of future performance, shall be sufficient cause allowing the City to terminate this order. In the event of termination for cause, the supplier shall be liable to the City for any and all damages sustained by reason of dd-It that gives rise to the termination. Acceptance of part of the order shall not obligate the City to accept later shipments and shall not affect its rights to return goods already accepted. FORCE MAJEURE: Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any government or any governmental agency, strikes (excepting strikes related to supplier's employees), fines, floods, earthquakes, accidents or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning period thereof. NON - DISCRIMINATION: The California Fair Employment Practices Act (Labor Code Sec. 1410 -1433) prohibits discrimination in employment on the basis of race, religion, color, gender, physical handicap, mental condition, marital status, age, national origin, or ancestry and is applicable to all employers, employment agencies, and labor organizations. Title VII of the Federal Civil Rights Act (42 U.S.C. 2000e- 2000e -17) prohibits employment discrimination on the basis of race color, gender, religion or national origin and applies to all employers that employ a minimum of fifteen (15) employees during each working day in each of twenty (20) or more calendar weeks in the current or preceding year. The City is an affirmative action employer and the City requires suppliers and contractors to comply with the applicable laws relating to equal opportunity employment. INSURANCE: Supplier, supplier's employees or persons under contract to supplier in the performance of services on City property, or property under the City's obligation, shall perform work as an independent contractor. Persons doing such work shall not be considered employees of the City. Supplier shall maintain, and require its subcontractors to maintain (1) Commercial General Liability and Property Damage Insurance, including contractual liability, both general and automobile, in amounts set forth in City policy and (2) Workers' Compensations Insurance. INDEMNIFICATION: Suppliers 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 supplier, supplier's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising form, 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. DEFAULT: In case of any default by the supplier of nay of the conditions of this contract, the supplier agrees that the City procure the articles or services from other sources and may deduct such costs form the unpaid balance due to the supplier, or collect against the bond or security, or may invoice the supplier for excess costs so paid. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. ASSIGNMENT: Assignment by supplier of the contract or any part thereof, or of funds to be received hereunder, will not be binding upon the City unless such assignment has had prior written approval and consent of the City. WAIVER: Failure on the part of the City to insist on performance of any terms or conditions herein, or to exercise any right or privilege or the City's waiver or any breach hereunder shall not thereafter waive any other terms, conditions, or privileges, whether the same or similar type. JURISDICTION: This agreement shall be administered and interpreted under the laws of the State of California, including but not limited to the Uniform Commercial Code. Jurisdiction of litigation arising from this agreement shall be in that state, County of Kern. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is conflict with said law, but the remainder of the agreement shall be in full force and effect STOCK: Stock furnished by the City to be used on this order shall be returned to the City free form damage from any cause and in accordance with all other terms and conditions of any bid or order. 1111-17,1117 T 438 Exhibit 6 f Flure Water, Clean Ar. Better, World, October 11, 2017 City of Bakersfield Water Resources Department 1000 Buena Vista Rd. Bakersfield, CA 93311 Re: Request for Proposal City of Bakersfield 1,2,3 - Trichloropropane Mitigation Project — Phase 1 Granular Activated Carbon (GAC) Media Procurement Proposal Dear City of Bakersfield Proposal Evaluation Team: In response to the above referenced RFP, issued on October 2 "d, 2017, please find herein our proposal to provide GAC to the 24 well -sites around the City that are to be outfitted with new wellhead treatment plants. Calgon Carbon Corporation has considerable experience treating for this compound. We've been supplying our Filtrasorb line of domestically produced, reagglomerated bituminous coal based GAC to the Cities of Burbank and Livingston for the past few years, as well as to local utilities such as Vaughn Water Company and Cal Water. In fact, we are currently ahead of schedule on the Cal Water project and expect to be starting the first round of vessel fills in a couple of weeks. Even more recently, the City of Chino awarded a contract to Calgon Carbon to supply two 3,500 GPM wells with treatment systems. Two things all of these Calgon Carbon customers have in common are the presence of TCP in their raw water, and use of Filtrasorb to remove it. Some of them have tested multiple different GAC products, including coconut shell based GAC, and have opted for the Filtrasorb as the overall best value. We have closely reviewed the results of the RSSCT that was completed last month by EPS labs. While we agree the results are not entirely conclusive, we were not surprised to see one of our newer products top the list in terms of longevity. Calgon Carbon's HPC 830 has the potential to offer the City a great value in its quest to address TCP in a cost effective way. However, our own internal testing, and that of some of our customers, has shown the Filtrasorb to be the likeliest overall best value. It is for this reason that we would encourage the City to place both of these products at an ample number of sites so as to ensure that the data set generated by both is sufficient to make an informed decision about which carbon to favor in the long term. Another important factor to consider when looking for a GAC supply partner is Custom Municipal Reactivation (CMR) of spent GAC. The efficacy of this program has been proven at numerous locations around the country, and in the long run, it is CMR that will offer the best long term savings to the City. Calgon Carbon is the industry 3000 GSK [give . Moon Township, PA 1.5108 * 412.787.6700 • wwwv.calgoncarbon.com 11/15/17 CC AGENDA PACKET PG 439 leader in CMR, as we own and operate a facility in the Southwest that meets both NSF 61 and AWWA B605 standards. Other suppliers would either have to contract this service out, or would utilize a facility that meets only a single one of these requirements, rather than both. This is a factor that would certainly be worth considering as you make your decision not only about the GACs you would like to test, but also which supplier you would like to work with long term. Once again, we recognize that keeping to the project schedule will be critical to the successful completion of this project. With an extensive in -house fleet of potable grade Multi Compartment Trailers (MCTs), there is no better company in Southern California that can provide better logistical support than Calgon Carbon. We have reviewed the project schedule provided with the RFP documents and will have no trouble meeting it. You'll note that we have offered pricing per 714 cf fill, as requested, as well as pricing per 714 cf vessel pair. As there is a freight advantage offered by filling a pair of vessels in a single trip, we're happy to pass these savings on to the City. We look forward to the opportunity to work together. Thank you for allowing us to respond to this proposal, should you have any questions at all about its contents, please feel free to contact me at any time. Sincerely, Ben Goecke Municipal Sales —Western Region Calgon Carbon Corporation 425.286.0754 bgoecke @caIgoncarbon.com 5000 GSK [give . Moon Township, PA 15108 * 412387.6700 • vwwwv.calgoncarbon.com 11/15/17 CC AGENDA PACKET PG 440 CITY OF BAKERSFIELD CA 1,2,3- TRICHLOROPROPANE MITIGATION PROJECT - PHASE 1 GRANULAR ACTIVATED CARBON (GAC) MEDIA PROCUREMENT PROPOSAL C/O PROVOST & PRITCHARD CONSULTING GROUP Calgon Carbon Corporation 3000 GSK Drive Moon Township, PA 15108 412 - 787 -6702 Prepared by: Ben Goecke, Account Manager Kimberly Cain, Bid Coordinator Ralph Franco, P.E., Director Municipal Products Heidi Ruddy, Project Manager Submittal (a) Pricing per 714 U load (volume after soaking and initial backwashing) (b) Delivery schedule based on the preliminary project schedule included in the RFP (c) (d) Standard product datasheets including typical ranges of: (1) Particle size (2) Apparent density; (3) Iodine number (4) Ball Pan hardness; (5) Peroxide number (for catalytic carbons) Temperature- specific media downflow pressure drop curves and backwash bed expansion curves (per product) (e) NSF -61 certification (f) Description of GAC supply chain including describing where the carbon will be shipped from; how much of the applicable carbon type is typically stockpiled and at what location and a description of the Supplier's delivery truck fleet. Submittal 1 (a) PRICING / l . /n //...,, /n F"bre Olater. Clean Air. Better, Wor1d, October 11, 2017 City of Bakersfield Water Resources Department 1000 Buena Vista Rd. Bakersfield, CA 93311 Dear City of Bakersfield Proposal Evaluation Team: Thank you for your interest in Calgon Carbon Corporation. We are pleased to offer our products to assist you in this endeavor. 1. PRODUCT: Filtrasorb 400 a. QUANTITY: up to 17,136 cubic feet (up to 24 vessels) PRICE: $22,642 per vessel b. QUANTITY: at least 17,850 cubic feet, up to 34,272 cubic feet (up to 48 vessels) PRICE: $22,118 per vessel c. QUANTITY: at least 34,986 cubic feet, up to 51,408 cubic feet (up to 72 vessels) PRICE: $21,595 per vessel d. QUANTITY: more than 52,122 cubic feet (73 or more vessels) PRICE: $21,072 per vessel 2. PRODUCT: HPC 830 a. QUANTITY: up to 17,136 cubic feet (up to 24 vessels) PRICE: $18,286 per vessel b. QUANTITY: at least 17,850 cubic feet, up to 34,272 cubic feet (up to 48 vessels) PRICE: $17,872 per vessel c. QUANTITY: at least 34,986 cubic feet, up to 51,408 cubic feet (up to 72 vessels) PRICE: $17,478 per vessel d. QUANTITY: more than 52,122 cubic feet (73 or more vessels) PRICE: $17,104 per vessel 3000 SSK Drive . Moon Township, PA 15108 » 412.78T6700 « www.calgoncarboti.com 11/15/17 CC AGENDA PACKET PG 444 3. PRODUCT: Centaur 12x40 a. QUANTITY: 714 cubic feet PRICE: $42,608 per vessel NOTES: Single vessel fill b. QUANTITY: 1,428 cubic feet PRICE: $41,997 per vessel — see notes NOTES: Must fill a pair of vessels in a single visit The quotations above include tax, freight to the site, and field services. Payment terms are Net 30. Quote is valid for 90 days. Shipments will be in accordance with customer's schedule. Pricing beyond the terms stated above is subject to change. Should you have any questions, please contact me at any time. Sincerely, Ben Goecke Municipal Sales — Western Region Calgon Carbon Corporation 425.286.0754 bqoecke(o-)calgoncarbon.com 3000 GSK Drive * Moon Township, PA 15108 * 412.787.6700 * www.calgoncarboti.com 11115117 CC AGENDA PACKET PG 445 Submittal 1 (b) DELIVERY SCHEDULE Calgon Carbon will meet the delivery schedule as required by the City of Bakersfield. Fleet Trailers will be loaded at the Sante Fe Springs, CA warehouse for the equipment initial fill. Submittal 1(c) (d) PRODUCT AFFIDAVIT OF COMPLANCE AND DATA SHEET INCLUDING PRESSURE DROP AND BED EXPANSION CURVES HPC 8X30 Granular Activated Carbon: Bakersfield, CA Test Specification Min Max Calgon Carbon Test Method IODINE NUMBER, mg /g 1000 TM -4, ASTM D4607 MOISTURE (AS PACKAGED), wt% - T &R TM -1, ASTM D2867 APPARENT DENSITY, g /cc T &R T &R TM -7, ASTM D2854 HARDNESS NUMBER T &R - TM -10, ASTM D3802 8 US MESH [2.36 mm], wt% 5 TM -8, ASTM D2862 < 30 US MESH [0.600 mm] (PAN), wt% 5 TM -8, ASTM D2862 Typical Properties: THIS PRODUCT IS NOT INCLUDED IN THE SCOPE OF CCC'S QUALITY SYSTEM CERTIFIED TO ISO 9001. NOTE: CCC'S Quality System elements are applied whenever possible. Calgon Carbon Corporation's activated carbon products are continuously being improved and changes may have taken place since this publication went to press. 12288- 0210612014 +1 800 422 7266 dgoncarbon.cam 0 ,jr�k r .,j.., U�, �, 9Nw 0 w 0 Pure Water. Clean Air. Better World. CalgonCarbona HPC SERIES SUPER 830 MAXX 830 ULTRA 830 Granular Activated Carbon Applications SUPER IMIAXX ULTRA 0 0 Pharmaceuticals Glycerine Flavor Ingredients Specifications 830 830 830 Iodine Number, 900 min 1000 min 1100 min mg /g G 0 Aquarium ® Edible Oils Municipal Water Moisture 10 max 10 max 10 max (As packaged), wt% G a Vitamins Wine Fruit Juices Particle Size Analysis 8 US Mesh 5 max 5 max 5 max 0 Amine Purification v Spirits Procescsing E) [2.36 mm], wt% < 30 US Mesh 5 max 5 max 5 max [0.600 mm] (PAN), wt% Dry Cleaning MSG Corn Sweeteners Typical SUPER IMIAXX ULTRA ' Wastewater Properties 830 830 830 Molasses Number 250 -300 300 350 -400 Description Hardness >80 >80 >80 HPC Series of virgin coal -based granular activated carbons are Apparent Density, 0.37 min 0.33 min 0.27 min specifically designed to provide a rapid rate of adsorption and low g /cc 0.43 max 0.40 max 0.37 max resistance to flow with liquids of low to medium viscosities. These granular activated carbons are used for purification and decolorization in a wide range of aqueous and organic liquid applications such as vodka and spirits, dry cleaning, petrochemical, pharmaceutical and municipal. With a lower density as compared to typical coal based carbons, the HPC products have the advantage of a lower cost per unit volume. Features / Benefits • Reduced contact time due to very fast diffusion kinetics and large volume of transport pores • High surface area and large pore sizes provide excellent decolorization and high loading capacity • HPC products are Kosher certified and meet the requirements of Food Chemicals Codex (FCC) • Certified to NSF /ANSI Standard 61 and meets or exceeds AWWA standards per specification B -600 Safety Message 1800.4CARBON calgoincarboin.com Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed 0 Copyright 2015 Calgoni Carboni Corporation, All Rights Reserved space is required, procedures for work in an oxygen deficient environment should be followed. DS.iIPC83015- EIN -El 11/15/17 CC AGENDA PACKET PG 449 CalgonCarbon akmg Water and err Safer and (31earier 3000 GSK Drive Moon Township, PA 15108 412 - 787 -8702 412 - 787 -6882 «• -a M [91groll F 1 Director •. Subscribed and sworn to before me this 11th day of October, 2017. Caigon Carbon Corporation r 400 Calgon Car . = - -s 11115117 CC AGENDA PACKET PG 450 8.0 7.0 Z 6.0 tL 5.0 ct 4.0 3.0 2.0 1.0 0.0 Typical Pressure Drop HPC 8X30 BW&S Bed [Granular MPD = 1.415 mm ; Temperature (F)=70] 0 2 4 6 8 10 12 14 16 Superficial Velocity (gpmlsf) CalgonCarbon," Pure Witer. Dean Air. Better Word LI-7-- Typical Bed Backwash Superficial Velocity (gpm /sq Cal, r "° Pure Wifer. Dean Air. Better Word 11/15/17 CC AGENDA PACKET PG 452 & ; f 1 ■ CENTAUR 12X40 Granular Activated Carbon Test Specification Min Max Calgon Carbon Test Method IODINE NUMBER, mg /g 825 - TM- 4,ASTM D4607 MOISTURE (AS PACKAGED), wt% - 3 TM- 1,ASTM D2867 ABRASION NUMBER 75 - TM- 9,AWWA B604 DENSITY (APPARENT), g /cc 0.56 - TM- 7,ASTM D2854 MEAN PARTICLE DIAMETER, mm 0.9 1.1 TM- 23,ASTM D2862 12 US MESH [1.70 mm], wt% - 5.0 TM- B,ASTM D2862 < 40 US MESH [0.425 mm] (PAN), wt% 4.0 TM- B,ASTM D2862 Typical Properties: This product complies with ANSI /AWWA B604 (2012) — Granular Activated Carbon. This product complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (Latest Edition) published by the U.S. Pharmacopeia. Only products bearing the NSF Mark are Certified to NSF /ANSI 61 - Drinking Water System Components - Health Effects standard. Certified Products will bear the NSF Mark on packing or documentation shipped with the product. Calgon Carbon Corporation's activated carbon products are continuously being improved and changes may have taken place since this publication went to press. 11470- 0612812017 X 1.,800 422 7266 cad , n ar' on. om Pu� , dV:ir., i J . i 'I: 0/ Data Sheet Pure Water. Clean Air. Better World. CalgonCarbono CENTAUR° 12x40 Catalytic Granular Activated Carbon CENTAUR 12x40 is a unique catalytic activated carbon that can be utilized in the liquid phase for the promotion of oxidation, reduction, decomposition, substitution, and elimination reactions. Specific applications include chloramines and hydrogen sulfide removal from potable, process and other waters and peroxide destruction. The catalytic activity and enhanced adsorption ability makes CENTAUR 12x40 a good performer in other applications such as the treatment of process water in the bottling and soft drink industries and in treating aquarium water. Description CENTAUR 12x40 is a liquid phase virgin activated carbon produced from bituminous coal using a patented process. Although it is not impregnated with metals or alkali, it displays the catalytic functionality of these materials. The product is unique in that it concentrates reactants via adsorption and then promotes their reaction on the surface of the pores. In most cases CENTAUR 12x40 can be reactivated and does not present the disposal concerns associated with impregnated carbons. This product complies with ANSI /AWWA B604 (2005) — Granular Activated Carbon and complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (8th Edition) published by the U.S. Pharmacopeia. Features / Benefits • Combines a fine pore structure and high catalytic activity for enhanced adsorption of trace contaminants • Not impregnated • High hardness • Simple equipment design (no pumps or addition of chemicals required) • Smaller system size as compared to standard carbons; lower capital requirements • No safety concerns with exotherms or toxicity as with impregnated carbons • Wide applicability; can eliminate chemical addition Specifications Industrial Processes Iodine Number, mg /g Environmental Water Ash, wt% Pond/ Aquarium Moisture (As Packaged), wt% 3 (max) Abrasion Number 75 (min) Density (Apparent), g /cc /Swim Mean Particle Diameter, mm Landfill Leachate 12 US Mesh [1.70mml, wt% Bottle & Brewing <40 US Mesh [0.425mml (PAN), wt% Groundwater Water Processing Drinking Water (Potable) Consumer Filtration ® Wastewater CENTAUR 12x40 is a unique catalytic activated carbon that can be utilized in the liquid phase for the promotion of oxidation, reduction, decomposition, substitution, and elimination reactions. Specific applications include chloramines and hydrogen sulfide removal from potable, process and other waters and peroxide destruction. The catalytic activity and enhanced adsorption ability makes CENTAUR 12x40 a good performer in other applications such as the treatment of process water in the bottling and soft drink industries and in treating aquarium water. Description CENTAUR 12x40 is a liquid phase virgin activated carbon produced from bituminous coal using a patented process. Although it is not impregnated with metals or alkali, it displays the catalytic functionality of these materials. The product is unique in that it concentrates reactants via adsorption and then promotes their reaction on the surface of the pores. In most cases CENTAUR 12x40 can be reactivated and does not present the disposal concerns associated with impregnated carbons. This product complies with ANSI /AWWA B604 (2005) — Granular Activated Carbon and complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (8th Edition) published by the U.S. Pharmacopeia. Features / Benefits • Combines a fine pore structure and high catalytic activity for enhanced adsorption of trace contaminants • Not impregnated • High hardness • Simple equipment design (no pumps or addition of chemicals required) • Smaller system size as compared to standard carbons; lower capital requirements • No safety concerns with exotherms or toxicity as with impregnated carbons • Wide applicability; can eliminate chemical addition Specifications CENTAUR 12x40 Iodine Number, mg /g 825 (min) Ash, wt% 7 (max) Moisture (As Packaged), wt% 3 (max) Abrasion Number 75 (min) Density (Apparent), g /cc 0.56 (min) Mean Particle Diameter, mm 0.9 -1.1 12 US Mesh [1.70mml, wt% 5.0 (max) <40 US Mesh [0.425mml (PAN), wt% 4.0 (max) Safety Message 1.800 4CARBON calgoncarbon. corn Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed Cc) Copyright 201.5 Calgon Carbon Corporation, All Rights Reserved space is required, procedures for work in an oxygen deficient environment should be followed. DS CENJ 1.2x401.5 -EIN El. 0 2 4 6 8 lO 12 14 16 Superficial Velocity (gpm/sf) Purchase m this nmouuonmw Carbon Corporation includes ulicense under the following U.S. Patents: 5356849 and 5494869 Typical Bed Expansion During Backwash Centaur 12x4O with Water ~ n 5 4 20 3 � m �2 l� O 2 4 6 O 10 12 Superficial Velocity (gpm/sf) Design Considerations CENTAUR l2x40is intended primarily for use in liquid phase applications where maximization of catalytic reaction isdesired. Depending on the reactant type, concentrations and process conditions, the contact time in fixed bed systems is typically less than seven minutes. Safety Message 1.8884CAm0w cu|«mncu'm`n com Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed Cc) Copyright n8znCa|uon Carbon Corporation, All nnsemn space is required, procedures for work in an oxygen deficient environment should be followed. IDS Csmrzcx48m's|w'El. 11/151/17 CC A GENDAPA CKETPG 455 CaligoinCarbon Making Water and Air Safer and Cleaner [MOMEOUSUS MU . ....... . ...... . ..... ...... . ..... . .... 3000 GSK Drive Moon Township, PA 15108 412-787-6702 412-787-6682 R- MIM Title: Director • Sales Municipal B.U. Subscribed and sworn to before me this 11th day of October, 2017, wo-to 11115117 CC AGENDA PACKET PG 456 C algon Carbon Corporation , 400 Canon Cat:, - e- 17 & ; f 1 ■ FILTRASORB 400 Granular Activated Carbon Test Specification Min Max Calgon Carbon Test Method IODINE NUMBER, mg /g 1000 - TM- 4,ASTM D4607 MOISTURE (AS PACKAGED), wt% - 2 TM- 1,ASTM D2867 ABRASION NUMBER 75 - TM- 9,AWWA B604 EFFECTIVE SIZE, mm 0.55 0.75 TM- 47,ASTM D2862 UNIFORMITY COEFFICIENT - 1.9 TM- 47,ASTM D2862 12 US MESH [1.70 mm], wt% 5 TM- B,ASTM D2862 < 40 US MESH [0.425 mm] (PAN), wt% 4 TM- B,ASTM D2862 Typical Properties: This product complies with ANSI /AWWA B604 (2005) — Granular Activated Carbon. This product complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (8th Edition) published by the U.S. Pharmacopeia. This product is produced under supervision of the Islamic Food and Nutrition Council of America (IFANCA). This product is prepared under the supervision of the Kashruth Division of the Orthodox Union and is Kosher. Only products bearing the NSF Mark are Certified to NSF /ANSI 61 - Drinking Water System Components - Health Effects standard. Certified Products will bear the NSF Mark on packing or documentation shipped with the product. Calgon Carbon Corporation's activated carbon products are continuously being improved and changes may have taken place since this publication went to press. 2030 - 0812912013 X 1.,800 422 7266 cad , n ar' on. om Pu� , dV:ir., i J . i 'I: 0/ r ,r ?+ Pa FILTRASORB® 400 Granular Activated Carbon Applications Pond /Aquarium/ Swim Bottle & Brewing 1000 (min) Industrial Wastewater ® Groundwater Effective Size Surface Water 49 Pond /Aquarium/ Swim Bottle & Brewing 1000 (min) Water Processing 2% (max) Effective Size 0.55 -0.75 mm Uniformity Coefficient 1.9 (max) Pharmaceuticals 0 Environmental Water 0 ® Food & Beverage Drinking Water Industrial Water Reuse Through 40 mesh Drinking Water (Potable) FILTRASORB 400 activated carbon can be used in a variety of liquid phase applications for the removal of dissolved organic compounds. FILTRASORB 400 has been successfully applied for over 40 years in applications such as drinking and process water purification, wastewater treatment, and food, pharmaceutical, and industrial purification. Description FILTRASORB 400 is a granular activated carbon for the removal of dissolved organic compounds from water and wastewater as well as industrial and food processing streams. These contaminants include taste and odor compounds, organic color, total organic carbon (TOC), industrial organic compounds such as TCE and PCE, and PFAS. This activated carbon is made from select grades of bituminous coal through a process known as reagglomeration to produce a high activity, durable, granular product capable of withstanding the abrasion associated with repeated backwashing, hydraulic transport, and reactivation for reuse. Activation is carefully controlled to produce a significant volume of both low and high energy pores for effective adsorption of a broad range of high and low molecular weight organic contaminants. FILTRASORB 400 is formulated to comply with all the applicable provisions of the AWWA Standard for Granular Activated Carbon (13604) and Food Chemicals Codex. This product may also be certified to the requirements of ANSI /NSF Standard 61 for use in municipal water treatment facilities. Only products bearing the NSF Mark are certified to the NSF /ANSI 61 - Drinking Water System Components - Health Effects standard. Certified Products will bear the NSF Mark on packaging or documentation shipped with the product. Pure Water. Clean Air. Better World. • Produced from a pulverized blend of high quality bituminous coals resulting in a consistent, high quality product. • Carbon granules are uniformly activated through the whole granule, not just the outside, resulting in excellent adsorption properties and constant adsorption kinetics. • The reagglomerated structure ensures proper wetting while also eliminating floating material. • High mechanical strength relative to other raw materials, thereby reducing the generation of fines during backwashing and hydraulic transport. • Carbon bed segregation is retained after repeated backwashing, ensuring the adsorption profile remains unchanged and therefore maximizing the bed life. • Reagglomerated with a high abrasion resistance, which provides excellent reactivation performance. • High density carbon resulting in a greater adsorption capacity per unit volume. Specifications' "f ASO 400 Iodine Number, mg /g 1000 (min) Moisture by Weight 2% (max) Effective Size 0.55 -0.75 mm Uniformity Coefficient 1.9 (max) Abrasion Number 75 (min) Screen Size by Weight, US Sieve Series On 12 mesh 5% (max) Through 40 mesh 4% (max) 'Calgon Carbon test method Typical ro ertles FILTRASORB 400 Apparent Density (tamped) 0.54 g /cc Water Extractables <1% Non - Wettable <1% 'For general information only, not to be used as purchase specifications Safety Message 1800ACARBCN calgoincarboin.corn Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed 0 Copyright 2.01.7 Calgoni Carbon Corporation, Ali Rights Reserved space is required, procedures for work in an oxygen deficient environment should be followed. DS- FILTRA4001.7-EIN -El Typical ressure Drop Typical e Expansion During Backwash Based on a backwashed and segregated bed Based on a backwashed and segregated bed Superficial Velocity (cm /sec.) Superficial Velocity (cm /sec.) .07 0.14 0.20 0.27 0.41 0.688 0 0.34 0.68 1.02 10 2 50% 2C/35 °F 13C/55 °F / 24C/75 °F 6 — 4.9 3.3 40% ° 0 4 ° 3 s 2.5 0 ®° 2 2C/35 °F . m± 1.6 O 30% 1 13C/55°F "`° Y 0.82 0 ° � 20% 24C/75 °F CL 0.6 0.49 12 m 0 - --------------- 2 0.4 0.33 N 10% ® `® + 0.3 a 0.2 ____ ___ 0.016 0.1 0.082 0% 1 2 3 4 5 6 7 8 9 10 0 5 10 15 Superficial Velocity (gpm /ft2) Superficial Velocity (gpm /ft2) Design Considerations FILTRASORB 400 activated carbon is typically applied in down -flow packed -bed operations using either pressure or gravity systems. Design considerations for a treatment system is based on the user's operating conditions, the treatment objectives desired, and the chemical nature of the compound(s) being adsorbed. Safety Message 1.800.4CARBCIN calgoncarbon.corn Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed 0 Copyright 2.01.7 CaVgoni Carboni Corporation, All Rights Reserved space is required, procedures for work in an oxygen deficient environment should be followed. IDS- FILTRh,4001.7-EIN -El 11/15/17 CC AGENDA PACKET PG 459 CalgonCarbon Making Water and Air Safer and Cleaner I ' • ZKOMI 3000 GSK Drive Moon Township, PA 15108 412-787-6702 412-787-6682 Subscribed and sworn to before me this 11 th day of October, 2017. A, T NOTARIAL SEAL Public expir4Aon Twp., Allegheny County My Commission Expires April 20,209 Submittal 1(e) NSF CERTIFICATION I he ,,I&F� (k)iinirneidy the Mar" q)Ilnii� Salltlaliq�)Iin ���s ain im)iin piiri�)fit i�)iirgaiit�zatk�)iin that liis dedcated ft) Il putflht IIheiiIth safety and the Il piriAectk)in i)f the eiiWiiiri�)iiniirneiint Ilb y dev&k)pliiiing peirk)iinirnaince standards ft)ir a biiri)a uraing e i)f Il piriAticts, espedkily ft)ir diirliiiinkJiing wateir applhtaflq�)Ilns llrruiillnliiillns a l¢))¢. Ieadhate ceiirlificatk�)iin Ilpiiri)cess ft)ir iirnaleiiruki�s Wttli ci�)iirne �iinlx) ci iinlact Wlli diirliiiink ing wateir Ceiirtiiiiin CCC Il piriAticts afire ceirlified ft) irneet the IIM III'' 42 and 61 standards G) ft) IIM III'' ',x)iirg ft)ir a ci�)iirnplllete Il piriAtict Illliis fliing ft)ir Cii i�)iin Cairtx)in Submittal 1(o SUPPLY CHAIN AND DELIVERY INFORMATION 1(f) Description of GAC supply chain including describing where the carbon will be shipped from; how much of the applicable carbon type is typically stockpiled and at what location and a description of the Supplier's delivery truck fleet. Shipping Location: Calgon Carbon typically services California customers from our Santa Fe Springs, CA warehouse. We also have a warehouse facility located in Stockton, CA. The Centaur 12x40 and Filtrasorb 400 are produced at the Calgon Carbon facility located in Catlettsburg, KY. After production the material is generally railed to the California warehouses. The HPC 8x30 product is outsourced and adequate inventory will be held for the City of Bakersfield. Inventory: Inventory levels are established using multiple levers, such as forecast, on hand inventory, and history of actual sales. Large "events" are considered in addition to the typical inventory formula. Calgon Carbon Fleet: Calgon Carbon owns the fleet of food grade single and multi compartment trailers that service California. Currently, there are 5 trailers with 3 additional on order. The fleet is domiciled in Southern California. The trailers are used exclusively for Calgon Carbon business and exclusively for potable /food grade applications. All trailers receive a wash after servicing a customer site. ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 10/26/2017 &1[11 1.1 SUBJECT: Amendment No. 2 to Agreement No. 15-058 and corresponding promissory note reducing the interest from three percent to zero percent for a portion of the 19th Senior Plaza Loan. STAFF RECOMMENDATION: Staff recommends approval of amendment and note. BACKGROUND: The 19th Street Senior Plaza, now known as Mill Creek Village, is a 63-unit affordable senior complex built and managed by Chelsea Investment Corporation (Chelsea). Mill Creek Village is located in the Mill Creek Park area and is 100% leased. Pursuant to the Disposition and Development Agreement No. 15-058 executed in March 2015 between the City of Bakersfield (City) and Chelsea, the City loaned Chelsea $6,976,184 at three percent interest per year to construct the project. In August 2015, Agreement No. 15-058 was amended to reflect the changes in the scope of the housing project and adjacent parking garage This amendment also increased the loan amount from $6,976,184 to $10,993,333. The interest rates were set at three percent per year for $6,506,362 of the loan and two-percent per year for the remainder of the loan amount of $4,487,149. The three percent interest portion of the loan consisted of the following amounts: $790,000 for the cost of the land; $1,835,631 in housing funds; $1,602,362 in HOME New Construction funds; $308,191 in housing funds; and $1,970,000 in State Infill Infrastructure grant (11G) funds. I n early October, Chelsea contacted City staff to request a change in the interest rate of the I I G funds portion ($1,970,000) of the loan from three percent to zero percent. The request was made as part of Chelsea's effort to obtain permanent financing on the project and to comply with article 2, Section 305(f) of the IIG Guidelines which prohibits interest to be charged on State IIG funds. Staff reviewed the request and finds it necessary to execute a second amendment to the Disposition and Development Agreement in order to comply with State law as it relates to IIG grant funds. Staff is recommending approval of the amendment and the amended and restated promissory note to reflect the interest rate change on the IIG fund portion of the loan to comply with State of California IIG regulations. This amendment does not change any other provisions of the agreement. ATTACHMENTS: Description D /kgireeirneint,15 05(13(2) D Arneinded and Restated PiroirNssoiry Note Type /kgireeirneint BackU IMateir4� AGREEMENT NO: AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. 15 -458 19th STREET SENIOR HOUSING AND PARKING STRUCTURE PROJECT THIS AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. 1.5 -055 is made and entered into on , by. and between the .CITY OF BAKERSF.IELD, a charter city and municipal 'corporation ("CITY" herein), MILL CREEK VILLAGE CIC, LP; a limited partnership, authorized to do. business in.the.state of California (referred. to as "DEVELOPER" herein), RECITALS: WHEREAS, the CITY and CHELSEA NVESTMENT CORPORATION; a corporation, authorized to do. business in the State of Ca lifornia ( "CHELSEA'') entered into that certain Disposition and Development. Agreement No.. 15 -058 19th Street Senior Housing and Parking Structure Project dated as of March 4; 2015, which was amended by that certain Amendment No. 1 to Disposition, and Development A greement. No. 15- 058.10th Street Senior Housing and Parking Structure Project dated as of August 12,. 2015 .(the "Original Agreement "), whereby CHELSEA agreed to acquire and develop certain real property located within the City as affordable senior housing and a parking facility; and WHEREAS,. CHELSEA assigned its interest in the Original Agreement to DEVELOPER pursuant to that certain Assignment and Assumption of Disposition and Development Agreement dated as of June 4, 20151-1 : and WHEREAS:,. the parties hereto desire to make further revisions to the Original Agreement relating to certain financing terms and. exhibits. stated in the. Original. Agreement, as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein CITY and DEVELOPER mutually agree as follovn:, 1.. Paragraph 4.1(a) of the Original Agreement is hereby amended.: to. read as follows. 4.1(a) 3% .Loan Aniount NINE IVULLION TWENTY-THREE THOUSAND THREE: HUNDRED AND. THIRTY -THREE DOLLARS ($9,023;33 3) of such loan from the city $halt be funded as follows: (1) SEVEN HUNDRED NINETY THOUSAIND DOLLARS ($790,000.00) for the cost oftheland; (ii) ONE MILLION EIGHT HUNDRED THIRTY FIVE THOUSAND SIXI- IUIVDRE,D THIRTY aNiE DOLLARS ($L,.-835.6-31.00) from housing funds; (iii) ONNE MILLION SIX HUNDRED TWO THOUSAND THREE HUNDRED SIXTY TWO DOLLARS ($1,602,362.00) from HOME set aside for the senior housing; .and (iv) THREE HUNDRED EIGHT THOUSAND ONE. HUNDRED NINETY ONE DOLLARS ($3.08;191.00) of housing funds. Concurrently with the Close of Escrow asset forth herein, DEVELOPER shall reimburse CITY for its. share of Infrastructure Improvement expenses attributable to the Property; in an amount not to exceed THREE MILLION NINE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED TWENTY -SEVEN DOLLARS ($3,970,827} and A &E Expenses not to exceed FIVE: HUNDRED SIXTEEN THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS ($516,322) (the "CITY Reimbursement ", and together with items (i) through (iv) in this paragraph shall be the: "3 % Loans "). Such loan shall be due and payable fifty -five (55.) years from the date of execution by DEVELOPER of a promissory note as required herein, unless repaid sooner as set forth in this. Agreement or the promissory note. DEVELOPER shall pay interest at a rate of three percent. 17k) simple interest.per year on the 3% Loans. 1 Paragraph 4.1(b) of the Original Agreement is hereby deleted in its entirety and replaced as follows: 4.1(h) 0 % Loan . Amount ONE MILLION NINE HUNDRED SEVENTY THOUSAND DOLLARS ($1,970,000:40) of IIG Funds set aside for the parking structure (the 0%. Loan ", and together with the 3% Loans., the "CITY Loan ") . Such loan shall be due and payable fifty -five (55) years from the date of execution by DEVELOPER of a promissory note as `required herein.; finless repaid sooner as set forth in this Agreement or the promissory note. The 0% Loan shall not bear interest. DEVELOPER acknowledges and agrees. that the IIG Funds are tirrie sensitive and must be utilized for construction.of the parking structure by April. 30 201.6. Paragraph 4. IA of the Original Agreement is hereby amended to. read as follows: 4.1.1 DEVELOPER shall begin making annual .payments of principal and interest of the CITY Loan. on April 1ST of the year following Project Completion. Payments shall be made solely from Residual Receipts based upon the following formula: CITY ,shall receive an amount equal. to thirty -three percent (33 %) of the Residual Receipts. of the Complex and DEVELOPER shall receive the balance of the Residual Receipts of the Complex. CITY's share shall be applied first to pay current annual interest due, then the. cumulative interest. owed, then to. reduce the principal amount of the 3% Loan, and then to reduce the principal amount. of the 0% Loan. Upon payment in full of the CITY Loan, CITY shall have no further right to payment of any portion of Residual Receipts. CITY Loan and all current and accrued interest thereon . shall be due and payable immediately if the. Complex, or any portion thereof Or interest therein, is sold, transferred; assigned or refinanced other than in connection with. a Permitted Transfer or otherwise than in accordance with. this Agreement. 4. Paragraph 4.1.2 of the Original Agreement is hereby amended to read as follows: 4:1.2 DEVELOPER shall execrate one.promissory note.in favor of the CITY for the principal amount of the 3% Loan and 0% Loan, substantially in the form attached hereto as Exhibit D. DEVELOPER shall execute and record a deed of trust on the Project Property in favor of CITY securing the. promissory note. Such deed of trust shall be no less than a second deed of trust, second only to DEVELOPEIR's 2 permanent lender, construction lender and any other matters of record reasonably acceptable to CITY.. Tlie deed of trust shall secure all DEVELOPER's promises extended to CITY in this Agreement, including the CITY Loan. The deed of trust . referred to herein : shall be in the form which is attached hereto as Exhibit E and incorporated herein by reference. 5. Paragraph 4.3.5 of the Original Agreement is herebyainended to read as follows: 4.3.5. The 0°Ia Loan and the 3% Loan (except for the:.CITY Reimbursements) shall be available for disbursement to .DEVELOPER on the following schedule: (i) the 0 % Loan consisting of I1G Funds shall be disbursed as needed by the DEVELOPER during the course of construction of the Project, and (ii) the 31/v Loan shall be disbursed on the date of completion of the Project (as evidenced by issuance. of temporary or permanent certificates of occupancy-for the Project), however such balance shall not include. the SEVEN HUDRED NINETY THOUSAND DOLLARS ($790,000,00) for the cost of land for the Project.. Payments shall be made to. DEVELOPER upon DEVELOPER's submittal to the CITY of a certified claim. executed by a properly designated official of DEVELOPER indicating the conditions to disbursement of the requested amount have been met. Said certified claims shall be itemized and.properly documented to clearly show the items, tasks or serviees for which reimbursement is being claimed and the basis for cost computation. whether by cost per hour, cost per weight, cost per task or other measurement as agreed by and between DEVELOPER and CITY, as more fully described in the. attached Exhibit B. 6. Paragraph 22 of the Original Agreement is hereby amended to read as follows: 22. 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 four calendar days after 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 DEVELOPER: CHELSEA INVESTMENT CORPORATION Attn: Cheri Hoffman, President 633.9 Paseo del. Lago Carlsbad, CA 92411 Copies of all notices delivered by the City to the DEVELOPER after the Close of Escrow shall be delivered to the DEVELOPER'S investor limited partner at a notice address to be provided to the CITY in writing. 3 7. Exhibit ``D -V Promissory Note of the. Original Agreement is hereby deleted and replaced with Exhibit. D attached hereto. S. Exhibit "D -2" Promissory Note of the Original Agreement is hereby deleted in its entirety.. 9. Defined Terms. Capitalized terms used but not defined Herein shall have the meaning given to them in the Original Agreement.. [Signature Page Follows] 4 IN WITNESS WHEREOF, the parties hereto have. caused this Amendment. No..? to Disposition. and Development Agreement I5 -058 to be executed by the day and. year first-Above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Sy: JOSHUA .H. RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPARTMENT I: JACQUELYN R. KITCHEN Community Development Director COUNTERSIGNED: .0 NELS ON -K. SMITH Finance Director [Signatures Continue aia Next Page] 5 WININK019" MILL CREEK VILLAGE CIC, LP, a California limited partnership By: Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, its Manag . ig General Part BY: Juan P, Arroyo, TExecutive Vice President By: CIC Mill Creek Village, LLC, a California limited liability company, its Administrative General Partner By: Chelsea Investment Corporation a California corporation, its Mana8 By-- Cheri I loff"mai President 6 Exhibit D Form of Promissory Note AMENDED AND RESTATED PROMISSORY NOTE Property located at 548 18" Street, Bakersfield, California (legal description attached hereto) November_, 2017 1. PARTIES Bakersfield, California (the "Property ") "Borrower" means MILL CREEK VILLAGE CIC,.LP,. a California limited partnership. "Lender" means THE CITY OF BAKERSFIELD, and its successors and assigns. Borrower and. Lender entered into that certain Promissory Note (With Interest) dated November 24, 2015 (the "Original Note ").. This Note amends and restates the Original Nate in its entirety. 2. BORROWER'S PROMISE TO PAY In return for a load received from Lender, Borrower promises to pay the sum of TEN MILLION NINE HUNDRED NINETY THREE THOUSAND THREE HUNDRED AND THIRTY -THREE DOLLARS ($10,993,333) (this amount is called "principal"), with interest; to the order. of the. Lender. The Lender is the CITY OF BAKERSFIELD. The principal consists of (i) the: NINE MILLION TWENTY -THREE THOUSAND THREE HUNDRED AND THIRTY -THREE DOLLARS ($9,023,333) identified as the "3% Loan" made pursuant to Agreement No. 15 -058, as amended by that certain Amendment No. 1 to Disposition and Development Agreement No. 15 -058, and as further amended by that certain Amendment No. 2 to Disposition and Development Agreement. No, 15 -058 as amended, the "DDA " }, and (iii) the ONE MILLION NINE HUNDRED SEVENTY THOUSAND DOLLARS ($1.,970,000) identified as the "0°Io Loan" in the DDA. 3. INTEREST Interest shall accrue at a rate of three percent (3 %) per annum, exce pt: with respect to $1;970,000 of the principal amount of this Note that represents the I G Funds which shall not bear :interest. Payment of principal and accrued interest will be due and payable the first day of each April, following Project Completion; or as otherwise required. pursuant to the DDA. Payments shall be made from Residual Receipts. and shall be made in accordance with the provisions contained in the DDA.. The.first payment is: anticipated. to be due April 1, 2018. 4; PROMISE TO PAY SECURED Borrower's promise to pay is secured. by a deed of trust that is dated the same date as the Original Note. and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this. Note. This Note is a uniform instrument with limited variations in somejurisdictions. The Security Instrument describes how and. undo rwhat conditions Borrower may be required to make immediate payment in full of all amounts owed.. under this Note. Some of those conditions are described as follows: (a) Borrowers compliance; Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in the. Security Instrument, or there is.a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture orto enforce laws or regulations); then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lend or' s.actions may include paying any sums secured by a lien which has p rio rity over th e Security instrument, appearing in court; paying reasonable attorneys` fees and entering on the Property to make repairs. Although Lender may take action under this paragraph, Lender does not have to do so. Any amounts: disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable upon notice from lender to Borrower requesting payment. (b) Default. Lender may, require immediate payment in full of all sums due under this Note if: (i) Borrower defaults by failing, fo.r a period of sixty days to perform any obligation..s contained in the Security Instrument. (ii) Borrower defaults by failing, for a period of sixty days to perform any obligations contained .in the DDA. (c) Transfer of the Property or a Beneficial interest in Borrower. Except for Permitted Transfers, if all or any part of the Property or any interest in it is sold or transferred to an entity of which Borrower is not a partner, Lender may; at its option, require immediate payment of this. Note. However, this option shall.not be exercised. by Lender if exercise is prohibited by fede.ral law as of the date of the Security Instrument. If the Lender has required Borrower to pay immediately in .full as described above, the Lender will. have the right to be paid back by Borrower far all of its costs acid expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. (d) This Note is evidence of the 3% Loan. and the 0% Loan made pursuant to the DDA.. 5. MANNER.OF PAYMENT The Borrower agrees to pay the entire unpaid.principaI amount advanced underthe. Loan Documents and this Note; together with all accrued but unpaid interest thereon, on the earlier of fifty -five (55) years from November 24, 2015 (the "Maturity Date" ), or upon sale or transfer of the Property without the consent of Lender unless demanded earlier pursuant hereto. Payments shall be made in accordance with the DDA. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before the Maturity Date. Provided, however, that Borrower acknowledges that prepayment of this Note does not affect Borrower's obligation under the Regulatory Agreement and. affordability covenants, which shall remain for a period of fifty -five (55) .years from Project Completion. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use all p rep ayments.to reduce the.amount of principal that is.owed under this Note. If Borrower makes a partial prepayment, there will be no changes in the Maturity Date unless the Lender agrees in writing to those changes. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice thatmust be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the following address: 6339 Paseo del Lago, Carlsbad, California 92011, with a copy to: USA Institutional Mill Creek LLC, c/o The Richman Group Capital Corporation, 340.Pemberwick Road, Greenwich, CT 03831, Attention - Joanne D. Flanagan. Any notice that must be given to the Lender under this Note will be given by mailing it by first class. mai I to 1600 Truxtun Avenue, Bakersfield, CA. 93301 .or a different address if Borrower is given a notice of that different address, 8. OBLIGATIONS OF BORROWER UNDER THIS NOTE The Borrower is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this. Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also. obligated to keep all of the promises made in this Note. 9. NONRECOURSE The obligations set forth herein are nonrecourse obligations of Borrower,. its officers, employees, partners or agents. Neither Borrower nor any other party shall have any personal liability for repayment of the loan. The sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY's rights. against the Project Property as that term is defined in the DDA. BY SIGNING BELOW,. Borrower accepts and agrees to the terms and covenants contained in this Note, MILL CREEK VILLAGE CIC, LP, a California limited partnership. By: Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, its Managing General Partner go Juan P.. Arroyo Executive Vice. President By: CIC Mill Creek Village, LLC, a California limited liability company, its Administrative General Partner By: Chelsea Investment Corporation a California. corporation., its Manager OR Cheri Hoffman. President AMENDED AND RESTATED PROMISSORY NOTE Property located at 508 18t" Street, Bakersfield, California (legal description attached hereto) November—,.2017 1. PARTIES Bakersfield. California (the "Property!') "Borrower" means MILL CREEK VILLAGE CIC, LP, a California limited partnership. "Lender" means. THE CITY OF BAKERSFIELD, and its successors and assigns. Borrower and Lender entered into that certain Promissory Note (With interest) dated Nq brriber 24, 2015 (the " 0 rig inaI Note "). This Nate amends and restates the Original Note in its entirety. 2. BORROWER'S PROMISE TO PAY In return for a loan received from 'Lender,: Borrower promises to pay the sum of TEN MILLION. NINE HUNDRED NINETY THREE THOUSAND THREE HUNDRED AND THIRTY-THREE DOLLARS ($10,993,333). (this amount is called "principal "), with interest, to the order of the Lender. The Lender is the CITY OF BAKERSFIELD. The principal consists of (i) the NINE MILLION TWENTY�THREE THOUSAND THREE HUNDRED AND THIRTY -THREE DOLLARS ($9,023,333) identified as the "3% Loan" made pursuant to Agreement No. 15 -058, as amended by that.certain Amendment No.. 1 to Disposition and Development Agreement No. 15 -058, and as further amended by that. certain .Amendment No_ 2 to. Disposition and. Development. Agreement No. 1.5 7058 (as amended; the "DDA "), and. (iii) the ONE MILLION NINE HUNDRED SEVENTY THOUSAND DOLLARS ($1970,000) identified as the "0% Loan" in. the DDA. 3. INTEREST Interest shall. accrue at a rate of three percent (3 %) per annum, except with. respect to. $1;970,000 of the principal amount of this Note that represents the IIG Funds which shall not bear interest. Payment of principal and accrued Interest will be. due and payable the first day of each April., following Project Completion, or as otherwise rewired pursuant. to the DDA. Payments shall be made from Residual Receipts and shall be made in accordance with the provisions contained in the DDA. The first payment is anticipated to be due April 1, 201 8. 4. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a deed of trust that is dated the same 1 date as the Original Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Nate. This Note is a uniform instrument with limited variations in some jurisdictions.. The Security Instrument describes how and under what conditions Borrower may be required to make immediate payment in full of all amounts owed under this Note. Some of those conditions are described as follows: (a) Borrowers compliance; Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained. in. the Security Instrument, or there is a legal proceeding: that may significantly affect. Lender's rights in the Property (such as a. proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations.), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights. in. the Property. Lender's actions may include paying any sums secured by a lien which has priority over the Security instrument, appearing in court., paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable .upon. notice from Lender to Borrower requesting payment.. (b) Default. Lender may, require immediate payment in full of all sums due under this Note if: 0) Borrower.defaults by failing, for a period of sixty days to perform any obligations contained in the Security Instrument. (H) Borrower defaults by failing, for a period. of sixty days to perform any obligations contained in the DDA. (c) . Transfer of the Property or a Beneficial Interest in Borrower. Except for Permitted Transfers, if all or any part of the Property or any interest in it is sold or transferred to an entity of which Borrower is. not a partner, Lender may, at its option, require immediate payment of this Note. However, this option shall not be exercised by Lender if exercise is prohibited by federal. law as of the date of the Security Instrument. If the Lender has required Borrower to pay immediately in full as described above,. the Lender will have the right to be paid back by Borrower for all of its costs and expenses ire enforcing. this Note to the extent not prohibited by applicable. law. Those expenses include, for example, reasonable attorneys' fees. (d) This Note is evidence of the .3% Loan and the 0% Loan made pursuant to the D DA. ON 5. MANNER OF PAYMENT The Borrower agrees to pay the entire unpaid principal amount advanced under the Loan Documents' and this Note, together with all accrued but unpaid interest thereon, on the earlier of fifty -five (55) years from November 24, 2415 (the "Maturity Date " ).,. or upon sale or transfer of the Property without the consent of Lender unless demanded earlier pursuant hereto. Payments small be made in accordance with the D D.A. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before the Maturity Date. Provided, however, that Borrower acknowledges that prepayment of this Note does not affect Borrower's obligation under the Regulatory Agreement and: affordability covenants; which shall remain for a period of fifty-five (55) years from Project: Completion. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use all prepayments to reduce the amount of principal that is owed under this Note. if Borrower makes a partial prepayment,. there will be no changes in the Maturity Date unless the Lender agrees in writing to those changes. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under .this Note will be. given by delivering it or by mailing it. by first class mail to Borrower at the following address: 6339 Paseo del Lago, Carlsbad, California 92011, with a copy to USA Institutional Mill Creek LLC, c /o. The Richman Group Capital Corporation, 340 Pemberwick Read, Greenwich: CT 06831, Attention, Joanne. D, Flanagan. Any notice that must be given to the Lender under this Note will beg iven by mailing it. by first class mail to 1600 Truxtun Avenue, Bakersfield, CA 93301 or a different address if Borrower is given a notice of that different. address. 8. OBLIGATIONS OF BORROWER UNDER THIS NOTE The Borrower is fully obligated to keep all of the promises made in this Note, including the promise to .pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who. takes over these obligations, including the obligations of a guarantor,. surety or endorser of this Note, is also obligated to keep:all of the promises made in this Note. 0i ki Mk. The obligations set forth herein are nonrecouirse obligations of Borrower, its officers, employees, partners or agents. Neither Borrower nor any other party shall have any personal liability for repayment of the loan. The sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY's rights, against the Project Property as that term is defined in the DIDA. BY SIGNING BELOW, Borrower accepts and agrees, to the terms and covenants contained in this Note, �MILL CREEK VILLAGE CIC, LP, a California limited partnership By- Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, its Mainagin G;enpfa�Part B an P'. Arroyo xecutive Vice President By- CIC MM Creek Village, LLC, a California limited liability company, its Administrative General Partner By, Chelsea Investment Corporation a Califor corporation, its M�ana ; -us Cheri Hoffman President 51 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 12/6/2016 &1[11 1.1 SUBJECT: Amendment No. 2 to Agreement No. 15-290 with Servexo Protective Services (not to exceed $158,600 annually and to extend term for an additional year) to provide daily 24-hour on-site security services at the Bakersfield Amtrak Station. Staff recommends approval of amendment. BACKGROUND: On December 9, 2015, Council approved Agreement No. 15-290 with Servexo to provide daily 24-hour security services at the Bakersfield Amtrak Station. Servexo was selected through a formal request for qualifications and proposals process with 11 firms submitting statements of qualifications and proposals. The terms of the agreement provided for four additional one-year renewal periods. Servexo has provided satisfactory service to the City and Amtrak patrons. Amendment No. 1 to Agreement No. 15-290, approved by Council on December 14, 2016, provided for an additional year of services, not to exceed $136,735 annually. This proposed Amendment No. 2 to this agreement provides for an additional year of services for a not to exceed amount of $158,600. The increase in compensation is due to mandatory increases in the state minimum wage since 2015. As background, the Bakersfield Amtrak Station is among the busiest stations in California due to the stop being the southern termination point for passenger rail service in the Central Valley. Passengers traveling to Los Angeles and points south transfer between trains and buses in Bakersfield to continue their journey. In addition, the station has seen increases in the number of trips originating at the station, which generally requires passengers to park one or more vehicles in the station parking lot for multiple days. Security service at the station is provided around the clock to deter undesired activity - such as vehicle break-ins and vandalism - around the station and in the parking lot. Around the clock security services provide a quality travel experience for all passengers using the station. An additional security guard is added during the holiday season to address the increase in traffic and passengers at the station. The additional security provides extra coverage for securing both the station and the vehicles in the parking lot. The security services at the Amtrak station assists the Bakersfield Police Department in deterring undesirable activity. Sufficient funds are budgeted for this amendment. Public transit funds administered by the Kern Council of Governments provide the funding source for this agreement. Therefore, there is no General Fund impact associated with this agreement. ATTACHMENTS: Description D Amendment Type /kgireeirneint AGREEMENT NO. AMENDMENT NO.2 TO AGREEMENT NO. 15 -290 THIS AMENDMENT NO. 2 TO AGREEMENT NO.15 -290 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation ( "CITY" herein), and SERVEXO PROTECTIVE SERVICES ( "CONTRACTOR" herein). RECITALS WHEREAS, on December 9, 2015, the CITY and CONTRACTOR entered into Agreement No. 15 -290, wherein CONTRACTOR shall provide a trained labor force to provide daily 24 -hour on -site security services at the Bakersfield Amtrak Station; WHEREAS, Section 2 of Agreement No. 15 -290 stipulates that the total annual compensation for all work, services or products called for under this Agreement shall not exceed $136,735.04 with rates of $14.89 per hour for weekly site security and $16.00 per hour for additional eight hour shifts; and WHEREAS, Amendment 1 of Agreement No. 15 -290 amended the total annual compensation amount to $135,977 with eliminating the $16.00 per hour rate for additional eight hour shifts and adding holiday pay for eleven holidays in 2017; and WHEREAS, this amendment amends the total annual compensation amount to $158,599.68 while including holiday pay for eleven holidays in 2018; and WHEREAS, the term of Agreement No. 15 -290 was one year with four additional one -year term extensions available; and WHEREAS, Amendment 1 of Agreement No. 15 -290 also amended the term of the Agreement to exercise one of these additional one -year term extensions; and WHEREAS, this amendment further amends the term of the Agreement to exercise the second one -year term extension leaving two more available one -year term extensions; and WHEREAS, the CONTRACTOR has provided satisfactory service to the CITY and both parties desire to extend the term for an additional year; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 15 -290 as follows: C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \2C5JXY4Y \Amendment No. 2 to Ag No. 15 -290 - Amendment (003) Approved by CAO 1 1- 8- ....docx Page 1 of 3 I . Section 2 of Agreement No. 15 -290 entitled "COMPENSATION" is hereby amended to read as follows: 2. Compensation. Compensation for all work, services or products called for under this agreement shall consist of a total payment of $158,599.68 which shall be paid as follows: • One year base bid: 8,472 hours (353 days excluding holidays) x $17.12 = $145,040.64; • Holiday pay (11 holidays): 264 hours x $51.36 (two security guards) = $13,559.04; • Total = $158,600 (rounded to nearest dollar) 2. Section 12 of Agreement No. 15 -290 entitled "TERM" is hereby amended to read as follows: 12. Term. Unless terminated sooner, as set forth herein, this Agreement shall be for a one year period and shall be renewable annually thereafter for two more consecutive one - year periods. Both parties agree to renew the term of the Agreement for a third year ending on December 9, 2018. 3. Except as amended herein, all other provisions of Agreement No. 15- 290, as previously amended, shall remain in full force and effect. C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \2C5JXY4Y \Amendment No. 2 to Ag No. 15 -290 - Amendment (003) Approved by CAO 1 1- 8- ....docx Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 15 -290 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: Karen Goh Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIAGENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" SERVEXO PROTECTIVE SERVICES LIN JOHN PALMER Owner C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \2C5JXY4Y \Amendment No. 2 to Ag No. 15 -290 - Amendment (003) Approved by CAO 1 1- 8- ....docx Page 3 of 3 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/27/2017 iTiff-11 1.1 SUBJECT: Amendment No. 2 to Cooperative Agreement No. 15-125 with the State of California Department of Transportation (Caltrans) for the construction of the State Route 99 and Rosedale Highway Off-Ramp Project. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The State Route 99 (SR-99) and Rosedale Highway Off-Ramp Project is part of the Thomas Roads Improvement Program. The project resulted in the construction of an auxiliary exit lane along southbound SR-99 between the Gilmore Avenue undercrossing and the off-ramp to Rosedale Highway. The Rosedale Highway off-ramp was widened to two lanes at the exit point from SR-99, and to four lanes at the ramp intersection with Rosedale Highway. This project is an operational improvement that was identified as part of the Bakersfield Beltway System. The project has independent utility, which means that this improvement is operationally functional without additional improvements. A cooperative agreement for this project was previously approved by the City Council on May 20, 2015. Caltrans and the City have been working collaboratively on finalizing the construction of this project. The original agreement did not account for the cost of "Department Furnished Materials" which are normally provided by Caltrans and the cost is paid by the local agency. Examples of these items included Caltrans standard traffic signal boxes. The total cost for these materials is $9,200. This amendment proposes to include this cost in the funding summary. Also, additional standard reimbursement clauses are added to the agreement. Funding for this project is provided through state funding. This cooperative agreement outlines the responsibilities of both the City and Caltrans regarding the construction of the project. F-11 i all M I ��i 14 Ll k &I Description 15 125/kirneindirneint2 Type Agireeirnent 06 KER 99 (25.8/26.2) Project Id: 0614000154 EA: 48462 District Agreement No.: 06-1615 A2 1111 1 111111 iiii!i1iffli ,,, � � , � " � I!W'311,111"' Funding Summary Amendment — Funding Summary No. 03 Agreement Amendment No. 02 SOUTHBOUND OFF RAMP IMPROVEMENTS ON STATE ROUTE 99 AT ROSEDALE AVENUE Contact Information CALTRANS Minerva Rodriguez, Project Manager 2015 E. Shields, Suite 100 Fresno, CA 93726 Office Phone: (559) 243-3518 Email: Min.erva.R.odriguezLq)dpLca.,�,Qv _L __ CITY OF BAKE, RST'IELD Luis Topete, Project Manager 1600 Truxtun Bakersfield, CA 93301 Office Phone: (661) 326-3478 Email: ltopete abakersfieldfreew4as.11s Q_ _ Project Development Agreement 2017-02-17 (Created August 2, 2017) 11115117 CC AGENDA PACKET PG 488 Cover Sheet Table of Contents 9rQjcct Id: 06l4OOOl54 District Agreement No,: 06-1615 A2 AMENDMENTNo, O2 ............... --........ ... --- ...... —...................... --...... —......................... .l FUNDING SUMMARY No, 03— .......................... ................ ...... —... ................. —.................. l FUNDINGTABLE ...................... ---.............. ............. ........... --........................................ } SPENDINGST]MMA]RY_. ............................................ ............ ....................... ................. .... 2 ------o----------------------------------''—~''—^—^--'----~ {CRP Rate ....................... --...—.............. ........................... ................. .................... ..... —..3 Invoicingand P4ymcnt— ..... .............. ............ --..... ......... —...................................................... 4 CL)NSL]<0CllON ._. ...... _.— ................................. ........ ....... —............ ........... ... 4 CONSTRUCTION — ........ --- ......... ................................................ ...... --- ........... 5 Department Furnished Materials (DPM—..__.—..---..—...-----__________..5 Signatures.... .—___—_----------------------------------..—...h Project Development as�cmn�zn|7�znV�*�* xvuo��2Vn) — -- -- 11115117 CC AGENDA PACKET PG 489 a Irl z ro to cn (77� eo cro CD CiU CJ r7l ro oil PACKET PG 490 CD Ci C) Po 8 S) a Irl z ro to cn (77� eo cro CD CiU CJ ro PACKET PG 490 R ao CD o ca IN" 55 , CO Ca C C� CIO CD CD R ao CD Project Id: 0614000154 District Agreement No,: 06-1615 A2 1 If there are insufficient funds available in this AGREEMENT to place the PROJECT right- of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 4. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT. Each PARTY may request reimbursement for these costs during the amendment process. ICRP Rate The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. 6. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with 2 CFR, Part 200 and Chapter 5 of the Local Assistance Procedures Manual. These documents are to be submitted annually to CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS' reimbursement of indirect costs. 7. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs. Project Development Agreement 2017-02-17 (Created August 2, 2017) 3 of 6 Project Id: 0614000154 District Agreement No.: 06-1615 A2 Payments for travel and per them will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration (DPA) rules current at the effective date of this AGREEMENT. If CITY invoices for rates in excess of DPA rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment, 8. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that that will change the federal share of funds. 9. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice. 10. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 11. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT. 12. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM. 13. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. CONS7RUCTIONSMpor 14. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT PROJECT COMPONENT. Project Development Agreement 2017-02-17 (Created August 2, 2017) 4 of 6 Project Id: 0614000154 District Agreement No.: 06-1615 A2 CONSTRUCTION Capital 15. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid. Departn7ent Furnished Materials (DFM) 16. CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid. Project Development Agreement 2017-02-17 (Created August 2, 2017) 5 of 6 Project Id: 0614000154 District Agreement No.: 06-1615 A-2 PARTIES are empowered by California Streets and Highways Code to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this Funding Summary on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Funding Summary. Signatories may execute this Funding Summary through individual signature pages provided that each signature is an original. This Funding Summary is not fully executed until all original signatures are attached 5-f W17-17 -UF-C7X-L-TJ47(T2 " =,M!, DEPARTMENT OF TRANSPORTATION B SHARRI BENDER EHLERT District Director VERIFICATION OF FUNDS AND AUTHORITY: By: WILLIAM ETHERTON District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: 'TAMARA WARREN HQ Accounting Supervisor Project Development Agreement 2017-02-17 (Created August 2, 2017) my'"110MIT-If By: NICK FIDLER Public Works Director See Attached Signature Pa BMC 3, 20,105, M= i Mayor KAREN GOJ APPROVED TO FORM: VIRGINIA . *i City Attorney i ANDREW HEGLUND Deputy City Attorney II APPROVED AS TO CONTENT: COUNTERSIGNED: s NELSON SMITH Finance Director ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 10/24/2017 111-11 V 03 SUBJECT: Amendment No. 2 to Agreement No. 17-002 with Trans-West Security Services, Inc. ($88,223; revised not to exceed $176,446 and extend term one year), for continued park security services. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On January 4, 2017, Council approved the annual contract for park security services with Trans- West Security Services, Incorporated in the amount of $68,223; renewable thereafter for four consecutive one-year periods. The original agreement provided park security services from January 4, 2017 to September 2017. Services were increased over the summer months as a result of special events and increased security services needed which were outside of normal park hours. These additional demands exhausted the funding capacity of the original agreement. As a result, the City Council approved Amendment No. 1 on September 6, 2017 to increase the funding capacity of the agreement to allow for continued private security services for the remainder of the contract term which ends January 3, 2018. As January 2018 approaches, staff has proposed Amendment No. 2, which is intended to extend the term of the contract through January 3, 2019 and add $88,223 for a revised not to exceed amount of $176,446, allowing for continued security services. Funds are budgeted within the Recreation and Parks Department Fiscal Year 2017-18 operating budget for this service. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint AGREEMENT NO. AMENDMENT NO. TWO 2LTO AGREEMENT NO. 17-002 THIS AMENDMENT NO. TWO (2) TO AGREEMENT NO. 17-002 ' 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 TRANS- WEST SECURITY SERVICES, INC. (referred to herein as "CONTRACTOR"). arwinumm WHEREAS, on January 04, 2017, the CITY and CONTRACTOR entered into Agreement No. 17-002, wherein CONTRACTOR would provide Park Security Services; WHEREAS, on September 06, 2017, the CITY and CONTRACTOR approved Amendment No. 1 increasing compensation to $20,000, to allow for the continuance of Park Se c urity Services; WHEREAS, CITY and CONTRACTOR have agreed to continue Park Security Services by doing the following: increase compensation to 388,223, extend the term of the agreement by one year, and increase the hourly rate for services as a result of the State of California Mandated Minimum Wage increase effective January 1, 2018 as listed on Exhibit A; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 17-002 asfollows: 1. Section 2 of Agreement No. 17-002 entitled "COMPENSATION" is hereby amended to read asfollows: 2. COMPENSATION. Compensation for all work, services or products called for underthis Agreementshall consist of a total of NOT TO EXCEED $176,446. 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. 17-002 entitled "TERM" is hereby amended to read asfollows: AMENDMENT TO AGREEMENT &\ADMINISTRATION DIVISION1Agreements12017\Park Security-Trans West\Trans-West Security Amend 2,doc - January 18, 2017—rmistry -- Page 1 of 2 Pages -- 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term expiring on January 4, 2019. The agreement shall be renewable to three (3) consecutive one-year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all other provisions of Agreement No. 17-002 sh all remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two [2] to Agreement No. 17 -002 to be executed the day and yearfirst above written. 4TITYyy CITY OF BAKERSFIELD in KAREN GO F M ayor a DIANNE HOOVER Director of Recreation & Parks APPROVED 1 FORM: VIRGINIA GENNA•O City Attorney .2 VIRIDIANA GALLARDO-KING Associate City Attorney C 0 UNTERSIG NED: .2 NELSON SMITH Finance Director "C 0 NTRA CTO R" TRANS-WEST SECURITY SERVICES INC. Byl.� Title: V) � Insurance Approved by Risk Management: AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2017\Park Security-Trans West\Trans-West Security Amend 2.doc - January 18, 2017—anistry — Page 2 of 2 Pages -- 11115117 CC AGENDA PACKET PG 499 Bak,,ersf~eld City Pair"I<Is Trans-West is proposing new rates starting January 1, 2018 due to the minimum wage is increasing by $.50. IN NOISOME Regular Rate ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 10/17/2017 &1[11 1.1 SUBJECT: Amendment No. 1 to Agreement No. 17-083 with Skarphol Associates ($22,360; revised not to exceed $77,360) for architectural design consultant services for the Water Resources Department Office Building Expansion Project. Staff recommends approval of the amended agreement. BACKGROUND: The City Water Resources Department facility is located at 1000 Buena Vista Rd. It was constructed in 1991 and has 10 designated office spaces. Within the last 10 years, staffing levels have increased to 29 personnel as the responsibilities of the Department have increased. These increased responsibilities include involvement in the Kern River Groundwater Sustainability Agency as a result of the Sustainable Groundwater Management Act, increased drought and conservation regulations and monitoring, increased water quality standards requiring infrastructure improvements, among other duties. Additionally, as the City's domestic water system continues to expand, so will the need for the Department and staffing levels to increase to maintain and operate the system. On June 28, 2017, City Council approved an agreement with Skarphol Associates for architectural design consultant services for the Water Resources Department Office Building Expansion Project. Scope of work included the primary design and final design phases, along with assistance in the subsequent bidding and construction phases. The design will include eight additional offices, a conference room, a work/copy room, break area, and an Americans with Disabilities Act (ADA) compliance evaluation of the existing portion of the building. This work is in preparation of the construction phase. The project was originally anticipated to add approximately 2,500 square feet of work area to the existing building. During the consultant's work on the schematic design and design development, additional services were identified. These include: increasing square footage of the building from approximately 2,500 s.f. to 3,218 s.f. because it was found to be more cost effective to build the extra building space now, as opposed to adding square footage in the future; alterations to an exterior mechanical unit; upgrading of restroom facilities to meet current ADA standards; revisions to on-site front parking to provide approximately nine (9) additional parking spaces to the general public; and upgrades to the access path of travel from public right of way to the main entrance (concrete walks, ramps, and driveways). Staff recommends amending the agreement to provide for the additional services outlined above, adding $22,360 to the contract for a revised not-to-exceed total of $77,360. Funds are available within the Water Resources Department's FY 2017-18 Domestic Fund Operating Budget. No General Fund dollars will be expended for the design of this project. ATTACHMENTS: Description D /kgireeirneint D /Wachirneint /k Type /kgireeirneint Exhbt AGREEMENT NO. 17-083(l) AMENDMENT NO. [1] TO AGREEMENT NO. 17 -083 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 17 -083 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and SKARPHOL ASSOCIATES, a Sole Proprietor /Individual (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on June 28, 2017, CITY and DESIGN CONSULTANT entered into Agreement No. 17 -083 for the design of the Water Resources Department Office Building Expansion (Scope of Work); and WHEREAS, additional services were identified (Attachment A) during the Schematic Design and Design Development phases; WHEREAS, the parties desire to amend Agreement No. 17 -084 to allow the additional services as stated above; and WHEREAS, CITY and CONTRACTOR have agreed to increase COMPENSATION by $22,360 and extend TIME FOR COMPLETION for the additional services are referenced on Attachment A. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17 -083 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 not to exceed amount of Seventy Seven Thousand Three Hundred Sixty Dollars ($77,360), which shall be paid for completed services after receipt of an itemized invoice approved by the Water Resources Manager or his designee. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the AMENDMENT TO AGREEMENT sblue S: \Office Building Expansion \Agreements \Amendment \AMNDMT 1 to AGRMNT No 17- 083.doc Updated — September 11, 2017 -- Page 1 of 3 Pages -- compensation listed unless otherwise agreed to in writing by the parties. 2. Section 3 of Agreement No. 17 -083 entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all Assigned tasks for the preliminary design and design phase set forth in the scope of work no later than January 22, 2018. 3. Except as amended herein, all provisions of Agreement No. 17 -083 shall remain in full force and effect. AMENDMENT TO AGREEMENT sblue S: \Office Building Expansion \Agreements \Amendment \AMNDMT 1 to AGRMNT No 17- 083.doc Updated — September 11, 2017 -- Page 2 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 17 -083 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ART CHIANELLO Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director Enclosures: Attachment A - Additional Services "CONTRACTOR" in Print Name: Title: AMENDMENT TO AGREEMENT sblue S: \Office Building Expansion \Agreements \Amendment \AMNDMT 1 to AGRMNT No 17- 083.doc Updated — September 11, 2017 -- Page 3 of 3 Pages -- ATTACHMENT A October 25, 2017 Samuel Blue Water Resources Department City of Bakersfield Subject: Architectural and Engineering — Additional Services Water Resources Department Office Building Expansion 1000 Buena Vista Road Dear Samuel Blue, ADDITIONAL SERVICES The scope of work outlined in the RFQ provided by the City of Bakersfield has expanded as outlined below -The building addition has expanded to ±3,218 s.f. from the original ±2,500 s.f. from the RFQ -3 Project Site Plan which our original fee was based on. The additional building area increases the amount of hours for design and coordination of Architectural and Engineering services. -An existing exterior Mechanical Unit will be removed; a new roof mounted unit will be added to the scope to supply the existing Offices, Janitor's Room, and Toilet Rooms which the removed unit was servicing. -After the ADA compliance evaluation of the exiting facility was completed it was determined that the existing Toilet Facilities and Drinking Fountain needed to be upgraded and designed to meet current ADA standards for permitting purposes. The site also needs extensive upgrades such as accessible path of travel from public right of way to the main entrance, upgrade existing accessible parking stalls to current ADA standards, re- design concrete walks and ramps for ADA compliance, and upgrade existing driveways to current City Standards. -The site parking has been revised at the front of the property to alleviate the current need for front parking for the general public. �, .� i;: •, � fir, � i .N. ,! d. . 2 "74] G:A5060 COB Water Resources Depannent \Documents \5060_Fee Proposal_Revised 10 -4 -2017 2.doc FEE PROPOSAL Breakdown of Additional Architectural and Engineering Services (Including Reimbursable Expenses): Architectural Services: $ 7,180.00 Civil Engineering: $10,350.00 Structural engineering: $ 2,875.00 Plumbing& Mechanical Engineering: $ 805.00 Electrical Ensineerins: $1,150.00 Total Fees: $ 22,360.00 Sincerely, Elizabeth Hernandez Associate Authorized Signature Date G:A5060 COB Water Resources Depannent \Documents \5060_Fee Proposal_ Revised 10 -4 -2017 2.doc ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/31/2017 WARD: Ward (s) 2, 3 SUBJECT: Contract Change Order No. 8 to Agreement No. 17-044 with Security Paving Company ($44,754.26; revised not to exceed $41,338,026.16) for the Kern River Bridge Improvement Project. STAFF RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: The Kern River Bridge Improvements Project (KRBI) is the first phase of the Centennial Corridor Project. The project includes the widening of two existing bridges that cross over the Kern River and Truxtun Avenue. These widened bridges will ultimately become the mainline freeway for both eastbound and westbound traffic on future State Route (SR) 58. The project also includes the construction of the future westbound SR 58 off-ramp to Mohawk Street. This off-ramp requires the construction of two new bridges: one to cross over the Kern River and one to cross over Truxtun Avenue. Other improvements include widening of the existing on-ramp from Mohawk Street to eastbound SR 58 and installation of ramp metering facilities; storm drainage facilities including retention basins; traffic signal system modifications; a retaining wall along the future westbound SR 58 off-ramp to Mohawk Street; signing and striping improvements; and replacement of the metal beam guardrail around the perimeter of the eastbound off-ramp to Truxtun Avenue with a concrete barrier. Contract Change Order No. 8 provides compensation to the contractor for the removal of 105 linear feet of abandoned petroleum pipeline located in the riverbed, currently in conflict with a bridge footing. The abandoned pipeline was scheduled to be removed by San Joaquin Facilities Management (SJFM), owner of the petroleum pipeline. However, due to the water flows in the river, this work was not able to be performed by SJFM during the summer. At this stage, it was determined to be more efficient and cost effective to compensate the contractor to perform the removal instead of paying SJFM to remove the pipeline as originally planned. This contract change order results in a net increase of $44,754.26. The sum of all change orders to date on this project reflects a total cost increase of $178,804.06 (which results in a 0.43% increase of the original contract amount) as illustrated below: Original Contract Amount = $41,159,222.10 Previous Change Orders = $ 134,049,80 Current Change Order No. 8 = $ 44,754.26 Amended Contract Agreement after CCOs = $41,338,026.16 Net Increase to date = $ 178,804.06 Adequate federal and local funds have been previously budgeted to cover these additional costs. This contract change order is funded 80% by federal earmark funds and 20% by Capital Outlay Utility/Roads fund. Therefore, there is no General Fund impact associated with these change orders. F-11 i all M I ��i 14 Ll k &-] Description Type D Contract Chainge Order No (13 Agireeirneint CITY OF BAKERSFIELD 81 Thomas Roads Improvement Program SHEET X1 CONTRACT NO. 17-044 CHANGE ORDER NO. 8 P.O. NO. PROJECT; Kern River Bridge Improvements Project (KRBI) NCIIPL - 5109 (106) TRCC17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, CHANGE SUBMITTED BY: Andres Roldan, Construction Manager, AECOM DATE: 10/19/2017 CHANGE REQUESTED BY: Andres Roldan, Constuot�on Manager, AECOM DATE: 10/19/2017 Extra Work at Agreed Lump Sum As directed by the Engineer remove 105LF of 24" HDPE Casings for Petroleum Production Pipelines as shown on sheet III of 334 of the contract plans that conflict with the construction of Bent 4 of the Kern River Bridge (SOC-03S7J). For this work, the Contractor will be paid $44,754.26 as an Extra Work at Agreed Lump Sum. This sum constitues full and final compensation, including markups for the work of this change. No additional time will be granted as a result of these change, ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825.8041 TRCC17 Extra Work at Agreed Lump Price $44,754.26 INCREASE $44,754.26 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES completion will be adjusted as follows: None NO X Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned; Finance Director Date 4N e, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, famish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accew aMll navment therefore the orices shown above. Accepted, Date/ o - ?-'3 -'?, Title: ? "'V-1— ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/27/2017 iTiff-11 1.1 SUBJECT: Contract Change Order No. 2 to Agreement No. 16-232 with Griffith Company, ($129,701.75; revised not to exceed $1,487,363.75) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to So. H Street Project. Staff recommends approval of change order. BACKGROUND: This project consists, in general, of pavement rehabilitation on Wilson Road from Wible Road to South H Street which includes pulverizing of the existing pavement structural section, removal of excess material, construction of new pavement, installation of pavement striping and markings, traffic detector loops, and modification of existing curbs, gutters and access ramps to meet current ADA standards. Contract Change Order No. 2 provides for the replacement of a collapsed corrugated metal storm drain pipe that was discovered during construction. Approximately 168 linear feet of pipe was excavated, removed and replaced with new storm drain pipe prior to the reconstruction of the roadway. The contractor has agreed to do this work for a sum of $31,121.14. This change order also provides for the partial reconstruction of 12 sewer and storm drain manholes. While lowering manhole frames and covers, it was discovered that these manholes could not be lowered by normal methods, and would instead require that the manhole concrete cones be removed and replaced by new shorter concrete cones that would allow for rehabilitation of the pavement. The contractor has agreed to do this work for a sum of $24,775.41. In addition, during the contractor's initial operations to locate the existing utilities (as required by law) prior to pavement rehabilitation, PG&E's gas lines were found to be shallower than they had previously indicated and were in conflict with the section of the roadway to be rehabilitated. Upon meeting with PG&E staff to discuss these conflicts, it was determined that additional potholing to precisely locate all gas mains and services was required in order to provide exact depth data and to determine the extent of the conflicts. At this point, the pavement rehabilitation project was suspended while the city contractor performed several weeks of additional potholing, PG&E reviewed the data, prepared plans for the installation of new gas mains and services at a lower depth, and then installed the new mains and services. This entire process took several months to complete and the pavement rehabilitation project remained on suspension during this time. PG&E recently completed installation of the new gas mains and services, and the City's contractor is now re-commencing work on the pavement rehabilitation project. The contractor has agreed to a sum of $73,805.20 for performing the additional potholing necessary to locate the original gas mains and services. There will also be future contract change orders for additional costs incurred by the contractor for re-mobilization, and because the law requires a contractor to verify utilities before digging, for additional costs that will be incurred by the contractor for potholing to verify the location of the newly installed gas mains and services. The cost increase of Contract Change Order No. 2 is $129,701.75. The sum of all change orders to date on this project reflects a total cost increase of $138,932.75 (resulting in a 10.3% increase of the original contract amount) as illustrated below: Original Contract Amount = $1,348,431.00 Amended Contract Agreement after Change Orders = $1,487,363.75 Net Increase to date = $ 138,932.75 This project is predominantly federally funded with both Gas Tax and Capital Outlay funds providing the local match requirement. ATTACHMENTS: Description Type D CCO No 2 Wlsoin Road RehaNfitatbin /kgireeirneint 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 -232 CHANGE ORDER NO. 2 P.O. NO. 171309 PROJECT: Pavement Rehab 15/16 RSTP SHEET 1 OF 1 Wilson Road from Wible Road to S. H Street CONTRACTOR: Griffith Company STPL 5109 (219) ADDRESS: 1128 Carrier Parkway Avenue FEDERAL NO. (S) Bakersfield Ca. 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R. Voyles SUBMITTED BY: R. Voyles DATE: October 23, 2017 Construction Superintendent Construction Superintendent EXTRA WORK ATAGREED LUMP SUM PRICE • Remove 168 LF of 18" Corrugated Metal Pipe and replace with 126 LF of 18" SDR 35 Pipe. and 42 LF of 12" SDR 35 Pipe at Fremont Street and Wilson Road. _ $31,121.14 • Lower existing sewer and storm drain manholes by removing existing cones and replacing with shorter cones. _ $24,775.41 • Pothole to locate gas line, record depth of gas line and then repave pothole locations. _ $73,805.20 $129,701.75 The Contractor has agreed to accept a lump sum price of $129,701.75 as full compensation, including all mark -ups, for performing the above mentioned work. ESTIMATED COST: ACCOUNT NO (S) 121 -4031- 822 - 8041- T6K210= $114,824.96 311 -4031- 822 - 8041- T6K210= $14,876.79 INCREASE $129,701.75 DECREASE By reason of this order the time of City Council Approval Required YES XX 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 carefirl consideration to the change proposed mid hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, mid perform all services necessary for the work above specified, and will accept as bill payment therefor the prices shown above. Accepted, Date: Contractor: Title: 11/15/17 CC A GENDA PA CKET PG 513 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent - Agreements t. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/27/2017 &1[11 1.1 SUBJECT: Contract Change Order No. 1 to Agreement No. 17-010 with GSE Construction Co. Inc. ($106,946; revised not to exceed $2,825,146), for the Rehabilitation of Two Sewer Lift Stations: 24th Street and Oak Street & White Lane and Buena Vista Road Project. Staff recommends approval of contract change order. BACKGROUND: This project provides for the removal and replacement of the sewer lift station at 24th Street and Oak Street. This includes temporary bypass pumping of sewage, installation of a cured-in-place pipe liner in an existing 15-inch sewer under the Kern River, demolition of the existing sewer lift station and installation of a new lift station with new sewage pumps, piping, force main and installation of an air blower, ducting, and electrical. This project also provides for the rehabilitation and expansion of the existing sewer lift station on White Lane and Buena Vista Road. Work consists of control of sewage, construction of a 24- inch sewer, removal and replacement of all site amenities, improvements to an existing wet well including replacement of one sewage pump and associate piping for that pump, installation of a new force main, air scrubber and installation of an onsite backup generator and associated electrical. This change order provides for the modification of the shoring system for the 24th Street Lift Station to provide for the dewatering of the excavation to allow for the installation of the new sewer lift station wet well at that location. The abnormally wet year has resulted in water flowing in the Kern River for longer than average, increasing the ground water levels under land near the river bed which includes the project site. Based on historical data, the contractor would normally have had an opportunity to excavate for the wet well without dewatering. During preliminary drilling during the design phase, there was no trace of ground water at a depth of 35 feet. However, the ground water is now registering at a depth of 17 feet. Attempts were made to allow for ground water levels to subside, but due to the continuous water in the river channel, ground water levels have not subsided. The contractor has agreed to accept a sum of $106,946 to provide additional shoring, install additional dewatering wells, dewatering pumps and discharge piping, settling tanks and permeation grout to seal the shoring from water intrusion during installation of the lift station. The total cost increase of contract change order No. 1 is $106,946. This is the first change order for this project and reflects a 3.9% increase of the original contract amount) as illustrated below: Original Contract Amount [$2,718,200.00 �Amended Contract Agreement after Change Order[= F$2,825,146.00 Net Increase to date [=�$ 106,946.00 This project is funded with Sewer Enterprise funds. Therefore, there is no General Fund Impact. ATTACHMENTS: Description Type D CCO No 1 Rehab of 2 Seweir I i'ift Statbins /kgireeirneint 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. 17 -010 CHANGE ORDER NO. 1 PROJECT: Rehabilitation of 2 sewer lift stations: 24th St. and SHEET Oak St. & White Ln. and Buena Vista Rd. CONTRACTOR: GSE Construction Co., Inc. ADDRESS: 6950 Preston Ave. Livermore, CA 94551 P.O. NO. 172450 1 OF 1 N/A FEDERAL NO. (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R.VOYLES SUBMITTED BY: R. VOYLES DATE: October 23, 2017 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE ACCOUNT NO (S) Add 550.8 SF to shoring system for dewatering wells, install 4 dewatering wells, provide settling tank and 350' of discharge piping, and provide 50 gallons of permeation grout to seal off water intrusion at the 24th St. and Oak St. lift station. The contractor agrees to accept a lump sum price of $106,946.00 as full compensation including all mark -ups, for performing the above mentioned work. 411 - 4031 - 812 - 8041- E9K107 ESTIMATED COST: INCREASE $106,946.00 DECREASE $106,946.00 By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: NONE NO Approved As to Form: CITY ATTORNEY Approval Recommended: City Engineer Countersigned: Finance Director Approved by the Council of City of Bakersfield Mayor Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, fiunish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payinent therefor the prices shown above. Accepted, Date: Contractor: Title: ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent- Property Acquisition Agreements (TRIP) u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/7/2017 111-11 V 03 SUBJECT: Accept bid and approve contract with Interior Demolition, Inc. ($112,500) for demolition of improvements at 4600 California Ave, 3899 Stockdale Hwy, and 200 S. Real Rd, Phase 23 for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: The Centennial Corridor Project will connect the existing State Route (SR) 58 freeway east of SR-99 with the Westside Parkway freeway west of SR-99. The project will provide both a regional and local freeway that significantly improves local circulation and facilitates regional traffic movement. The Centennial Corridor Project will be the final project in the TRIP program and will tie together many of the previously constructed TRIP improvements to create a complete, east-west, access-controlled transportation corridor through the central Bakersfield metropolitan area. On February 8, 2016, Caltrans approved the Record of Decision (ROD) for the environmental documents for the Centennial Corridor Project completing the environmental process for the project. The next phases of the project are advancement of the Preliminary Engineering to Final Design, continuing acquisition of right-of-way, clearing the right-of-way of structures, and then ultimately beginning construction. The City has been acquiring properties since March 2014 pursuant to federal legislation known as the Moving Ahead for Progress in the 21 st Century Act (MAP-21). This legislation allowed for the creation of the Early Acquisition Program for acquiring whole properties from willing sellers on a voluntary basis. The public was extremely receptive to the Early Acquisition Program and the City has obtained legal possession of all almost all of the full parcels necessary for construction to move forward on the project. Acquisition of partial parcels is now underway. Over the last 18 months the City has been clearing the right of way to allow for construction of the project with approximately 225 structures demolished to date. After removal of all above and below ground structures on the properties, 8wood chip cover will be applied to provide soil stabilization and weed control. The Engineer's Estimate for this phase of demolition work was $135,000.00. {]n October 19,2017, six bids were received and were deemed 8CCHDt8bie]Fh8 acceptable bidS -------------------- Silverado Contracting Group ` Inc. ------------- nthe amount Of --' � 18,492.00 ! m, CA . ' :Standard �m�U8thH8 —inthe amount Of . ��1�7,����@� � Ventura, �/\ . . � � �- � . . ' �t��\/8�k�/���VrO�DlH�t8� �mC i�~ —� Environmental, � � 1�t�H amount of : :�1�� ��� @0 - ` � !�rH8nD, [�/\ ^---------------------------------`--------------`----------- � Construction nthH amount Of �� 1�� 00 ' ` � Lakeside, CA � Ryan Precision Contracting, Inc. :In the amount of �1�� ��� @0 iDl, CA � - ` � |ntHrior Demolition, �mC � � � 1n the amount of � ! :�11� ��� �� � ~ ` � !K�Ont��8H, [�/\ . � . ! -=================================='�==============-===========� Sufficient funds are budgeted to award this contract. Federal earmark funds provide the funding source for this project. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and INTERIOR DEMOLITION, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for Demolition of Improvements at: 4600 California Avenue, 3899 Stockdale Highway, and 200 S. Real Road ("Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The work to be performed consists, in general, of demolition of improvements at 4600 California Avenue, 3899 Stockdale Highway, and 200 S. Real Road and removal of all structures, foundations, landscaping, fences where designated, debris, out buildings, patios, asbestos or lead containing materials, and grading sites to match existing grades ( "Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 1 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 519 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.1.18. Federal Aid Construction Contracts (Form FHWA 1273) 1.1.19. Subcontracting Request (CEM -1201, Local Assistance Procedures Manual) 1.1.20. Final Report of Utilization of Disadvantaged Businesses (CEM- 2402F) 1.2. CONTRACTOR acknowledges that CITY is receiving federal -aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 2 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 52 0 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of One Hundred Twelve Thousand Five Hundred Dollars and 00 Cents ($112,500.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 3 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 521 are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 4 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 522 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 5 of 11 Pages -- 11/15/17 CC AGENDA PACKET PG 523 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 6 of 11 Pages -- 11/15/17 CC AGENDA PACKET PG 524 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 7 of 11 Pages -- 11/15/17 CC AGENDA PACKET PG 525 CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 8 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 526 and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: INTERIOR DEMOLITION, INC. 2621 Honolulu Avenue Montrose, California 91020 (818) 249 -4932 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 9 of 11 Pages -- 11/15/17 CC A GENDA PA CKET PG 527 accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 4216657 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 603409 Expiration Date September 30, 2018 License Classification B, C21, C12, C22 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. * Signatures on the Following Page CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 10 of 11 Paget -- 11/15/17 CC AGENDA PACKET PG 528 "CITY" CITY OF BAKERSFIELD Karen Goh Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON K. SMITH Finance Director "CONTRACTOR" INTERIOR DEMOLITION, INC. By: PRINT NAME: Title: Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/24/2017 Demolition of Improvements at:23rd Phase (City Project No. TRCC14) R Williams for Project Designer: C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 23 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 11 of 11 Paget -- 11/15/17 CC A GENDA PA CKET PG 52 9 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent- Bids v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/2/2017 111-11 V 03 SUBJECT: Accept bid and approve contract to Kern Sprinkler Landscaping, Incorporated ($500,000) to provide and install 24" box trees. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Over the last three years, 2,880 trees have been removed throughout the City due chiefly to the prolonged drought conditions. This project provides funding to replant approximately 1,700 trees. As presented to the Council on September 6, 2017, staff identified the percentage of trees removed by quadrants with State Route 99 as the north/south delineation and Stockdale Highway as the east/west delineation. Staff proposes to plant approximately 1,700 trees in the same proportion as trees removed per quadrant. Funding for this project was subsequently approved by the Council on September 20, 2017. Bids were solicited to provide and install 24" box trees as part of the tree replacement project. Five bids were received in response to the solicitation. Funds in the amount of $500,000 are budgeted in the Parks Department Capital Outlay Fund for this contract. Bidders provided prices on six varieties of trees in quantities of 350 each to determine the lowest overall bidder (spreadsheet attached). This project will replace trees in City streetscapes lost during drought conditions. Even though the mathematical calculations of the various bidders' unit prices multiplied by the City's estimated number of units exceeds the budget figure, we only enter into the contract for the amount of budgeted funds available. The five bids received are as follows: BIDDER AMOUNT Kern Sprinkler Landscaping, Inc. $646,800 Bakersfield, CA Elite Landscaping Construction, Inc. $673,050 Clovis, CA West Coast Arborists, Inc. $724,500 Anaheim, CA Clean Cut landscape, Inc. $822,150 Clovis, CA Stay Green, Inc. $913,850 Santa Clarita, CA Funds are budgeted in the Capital Outlay fund for this project. Staff finds the bid submitted by Kern Sprinkler Landscaping, Incorporated, Bakersfield to be acceptable and recommends approval of the contract in the amount of $500,000. ATTACHMENTS: Description D /kgireeirneint D Spreadsheet Type /kgireeirneint BackU IMateir4� 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 KERN SPRINKLER LANDSCAPING, INC., (a California Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of providing & installing trees; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to provide and install 24" box trees ( "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 proving and installing 24" box trees (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 -18 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 1.2.8 Bidders Statement Regarding Insurance Coverage 1.2.9. Performance Bond 1.2.10. Material and Labor Bond 1.2.11. Letters of transmittal, if any 1.2.12. All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.13. Current State of California DAS 140 Form (if required by Specifications) 1.2.14. DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000) 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 RECREATION AND PARKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3866 CONTRACTOR: KERN SPRINKLER LANDSCAPING, INC. P O BOX 11446 Bakersfield, CA 93389 661 - 832 -3121 (phone) 661 - 832 -0307 (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 95- 3367666 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 594630 Expiration Date 5/31/2018 License Classification C27 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 JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT "CONTRACTOR" KERN SPRINKLER LANDSCAPING, INC. in PRINT NAME: Title: Insurance: By: DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: By: NELSON SMITH Finance Director 0 O 0 cq LO (Y) 0 O 0 LO C14 00 C14 0 O 0 0 lx� 'IT C14 r� 0 q 0 LO O (Y) r� 10 CR �o q %0 0 0 0 0 0 0 0 0 —in x C 0 uj LLJ in LO C'� 0 LO Lr� 0 0 LO 0 LO 0 LO 0 U') z u 00 uj im "- IL X L;� — Lo 0 LO 0 LO 0 LO r, U') C14 uj UJ 0 q 0 q ccoo 0 q 0 q c.' 0 q 0 q 04' C—? 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TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 10/17/2017 111-11 V 03 SUBJECT: Review and acceptance of the Fiscal Year 2016-2017 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. STAFF RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: State Government Code Section 66006 requires a local agency receiving certain development- related fees, 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 for park impact fees for the fiscal year ended June 30, 2017 provides this information. At the November 1, 2017 Council meeting, Council approved making available the report the public pursuant to state law. On November 7, 1990, 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, 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 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. Government Code Section 66006 requires that the local agency review the information made available to the public at the next regularly scheduled public meeting after the information is made available. This item is intended to comply with state law, therefore staff recommends the Council review and accept the report. ATTACHMENTS: Description Type Pa irk Ilirnpa ct Fees, AB 1600 BackU�P IMa teir4� 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 11/15117 CC A GENDA PA CKET PG 547 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 2016 -17 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. 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(D P2 11/15117 CC AGENDA PACKET PG 556 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent Calendar Public Hearings 9. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/10/2017 &1[11 1.1 SUBJECT: Public Hearing to consider the resolution ordering the summary vacation of a portion of a 65'x70' temporary sewer easement within Parcel 2 of Parcel Map Waiver 17-0065 located at the southwest corner of Brimhall Road and Coffee Road. Staff recommends adoption of the resolution. BACKGROUND: The City of Bakersfield has received a request from the property owner, TC Investments, LLC for the summary vacation of an excess portion of a 65'x70' sewer easement within Parcel 2 of Parcel Map Waiver 17-0065 located at the southwest corner of Brimhall Road and Coffee Road. The temporary easement was originally recorded on May 15, 1986. This excess portion of the easement has been requested to accommodate potential future development The State of California's Streets and Highways Code provides regulations for two types of vacations — a summary vacation and a general vacation. Because summary vacations are less complicated, the Code exempts summary vacations from the resolution of intention (ROI) process. The R01 process includes a notification to the public of the Council's intent of declaring the vacation and sets the public hearing date.This vacation meets the criteria of a summary vacation; therefore, an ROI is not required. However, as required, a notice of this public hearing has been duly advertised and posted. The City Fire, Police, Public Works, Community Development, Water, Recreation and Parks and GIS Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer within this portion of the 65'x70' easement. The sewer crossing within the remainder of the easement is approximately 80'to the east. There are no storm drain facilities within this portion of the easement. In addition, the utility companies serving the area have been notified by mail. No objections have been received as of the date of this report. Preliminary notices were mailed to all adjacent property owners within a minimum 300 foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. It was determined on October 25, 2017 that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility the action may have a significant effect on the environment. F-11 i all M I ��i 14 Ll k &-] Description D ReSdUdOlrl for the vacadoin of a 65'x70' teirnpoirairyseweir easeirnent D ExhbUk D ExhHNt IB Type Resokltblrl Exhbt Exhbt WHEREAS, on WEDNESDAY, November 15, 2017, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways, and Service Easements Vac(.-ition Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, declaring its intention to vacate a 65'X70' temporary sewer easernent within Parcel 2 of Parcel Map Waiver 17-0065 iocated within the southwest corner of Brimhall Road and Coffee Road (Ward 5); and WHEREAS, this summary vacation is eligible per Section 8334 of the Streets, and Highways Code which authorizes the City Council to summarily vacate excess easements as described above which are not required for public purposes; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility thal the proposed action could have a significant effect on the environment; and WHEREAS, the Planning it epartnient approved the surnmary vacation on October 25, 2017, per local ordinance and found it to be consistent with the Metropolitan Bakersfield General Plan, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein. 2. This Resolution is adopted pursuant to Section 8300, et seal, of the Streets and Highways Code of the State of California. 3, The Council orders the vacation of a 65'X70' temporary sewer easement within Parcel 2 of Parcel Map Waiver 17-0065 located within the southwest corner of Brimhall Road and Coffee Road, (more specifically described in Exhibit ""A'' arid illustrated in Exhibit "B'', which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California. 5. The City Clerk, shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by fhe Clerk tinder the seal of the City, to be recorded in the Office of the County Recorder, of the County of Kerr), Cafifornia. --------------- S.\S[¢eet VcX,,,cJions\Bi[mhafl & Coffee SW Co ne �, temp �e✓ei 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. RIVE A, GONZALES, VVEIR, SMITH, RE AN SULLIVAN, PARLIER NOES: COLINGILMEMBER: ABSTAIN COUNCIILMEMBER: ABSENT OUNC I:LM EMBER : CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By APPROVED AS TO FORM: By ANDREW HEGLUND Depulty City Attorney Attachments: Exhibit "A" Exhibit "B"' SAStree,t VacaIkDns\I1, flrnhcW 8, ("'offee SW Corner- teimp sewer Iine\Resduflon,doc -2- BEING Aw PORTION OF THE N RTIHEAsT QUARTER' F SECTION 32, TOWNSHIP UTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN TIE CITY OF C AN ER FEU , COUNTY OF KERN, !, STATE OF CALIFORNIA ARE PARTICULARLY DESCRIBED RIBED A S FOLLOWS: CONTAINS a APPROX. 4,549.4 S.F. PAGE I OF 2 /f x.,.11,. PAGE I OF 2 "THIS MAP IS PROVIDED FOR 9my JLLUS'MA'n!\T- PURPOSES ONLY" EXHIBIT: u EASEMENT V►CATIOV S-I= uJ II w 64 Z: ff') ON= Ulloliallell 11 NE COR. SEC. 32—, — T.29,, R. 27 E., CL BRIIMHALL ROAD, M.D.M. N89*10'41'W 255.01' '21 °+ 30.0,0" �PQ.B� Lc) 10 N891�0'41*W X PARCEL 2 PM W NO. 17-0065 L A 325,100- PARCEL 1 PMW NO. 7-91 BK. 6871, PG. 1051 SCALE. I" = 6V 0 30 so N 0 rw __j Ike II L> PAGE 2 OF 2 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent Calendar Public Hearings 9. b. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 10/24/2017 WARD: Ward(s)1, 6 SUBJECT: Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plans — Fiscal Year (FY)l 4/15 Amendment No. 7 and Fiscal Year 16/17 Amendment No. 3: 1. FY 14/15 Amendment No. 7: Transfer funds from MLK Community Center Gym Rehab ($25,000 CDBG) to Bakersfield Senior Center— Gate Improvements. 2. FY 14/15 Amendment No. 7: Transfer funds from CHDO Set Aside ($135,089 HOME) to Self-Help Enterprises - Chardonnay Tract. 3. FY 16/17 Amendment No. 3: Transfer funds from CHDO Set Aside ($164,911 HOME) to Self-Help Enterprises - Chardonnay Tract. 4. FY 16/17 Amendment No. 3: Transfer funds from CHDO Set Aside ($1,781 HOME) to New Construction Assistance. STAFF RECOMMENDATION: Staff recommends approval of the Action Plan Amendments. BACKGROUND: HUD Action Plan. The City receives funding from the U.S. Department of Housing and Urban Development (HUD) annually through the submission of an Action Plan, which describes all HUD- funded projects and activities for a particular fiscal year. The Action Plan identifies projects and activities to be undertaken with HUD funds and how they meet community housing, homelessness, and community and economic development needs. Each Action Plan is tied to the funding of the particular fiscal year in which the grant funds were received by the City of Bakersfield. Significant changes to an Action Plan requires staff to process a Substantial Amendment. Staff is proposing Substantial Amendments for the Community Development Block Grant funds (CDBG) and HOME Improvement Partnership Program (HOME) funds. Community Development Block Grant: In the FY 14/15 Action Plan the City of Bakersfield allocated $191,571 to improve the Martin Luther King Junior Community Center. Now completed, $57,136 remains in project savings. Staff is proposing to use $25,000 of the project savings to assist the Bakersfield Senior Center to replace the existing parking lot gates with a new automated gate system. The remaining project savings will be allocated to another project at a later time. HOME Improvement Partnership Program: The City of Bakersfield receives an annual entitlement of HOME funds to invest in quality, affordable housing for low-income residents. The City is obligated to commit 15% of its annual HOME entitlement to a Community Housing Development Organization (CHDO). To meet FY 14/15 and FY 16/17 CHDO allocation requirements, staff proposes these amendments to fund the construction of ten single-family homes by Self-Help Enterprises, a qualified CHDO. As a CHDO, Self-Help Enterprises will utilize the HOME funds during construction, and then funds will roll over as secondary-financing to ensure affordability for each income eligible homebuyer. Self-Help Enterprises will build the homes using the mutual self-help construction method, whereby families /participants help build their homes for 40 hours per week, generally over the course of nine to ten months. All of the families contribute labor to all of the homes in the group, and none of the families move-in until all of the homes in the group are complete. Public Notice: A public notice for this action was published in English in the Bakersfield Californian, and in Spanish in El Popular on October 13, 2017, initiating a 30-day public comment period and providing 30-day notice of the public hearing. No comments have been received. F-11 i all M I ��i 14 Ll k &I Description Type D SUIrTlirnairyof/kcdoin Rain/kirneindirneints Exhbt Summary of Action Plan Amendments AMENDMENT NO. 7 FY 14116 ACTION PLAN — B- 14 -MC -06 -0610 Project ID Budgeted Budget Revised Project Title & Description Activity Code/ Amount of Changes Total Citations /Nat. /Obj. Funds Funding CREATE Bakersfield Senior Center — Gate Improvement Project Replace existing parking lot gates with a new automated gate system at Bakersfield Senior Center, located at 530 4th Street. Facility provides much needed services, including nutritional meals to low- income seniors. 03A $0 Public Facilities and Improvements (Senior Center) 570.201 (c) REDUCE MLK Community Center Gym Rehab 03 $191,571 Facilities improvements to MILK Community Public Facilities and ($57,136 in Center Gym at the corner of California Avenue Improvements Project and Owens Street. (General) Savings) 570.201 (c) *CDBG funding from project savings FY 14116 ACTION PLAN - M- 14 -MC -06 -0603 Self -Help Enterprises — Chardonnav Tract 12 $0 Construction assistance for ten low- income single- Construction of family homes in a housing tract owned by Self -Help Housing Enterprises near the northeast corner of Mountain 92.205(a) Ridge Drive and McKee Road. REDUCE CHDO Set Aside 12 $161,929 Loans for acquisition of dwellings for rehabilitation Construction of ($26,840 and sale to eligible low- income buyers. To be Housing previously implemented by a Community Housing ) Development Organization (CHDO). 92.205(a) drawn AMENDMENT NO. 3 FY 16/17 ACTION PLAN - M- 16 -MC -06 -0603 +$25,000* - $25,000* +$135,089 - $135,089 $25,000* $191,571 ($32,136 in Project Savings) $135,089 $0 REDUCE CHDO Set Aside Loans and grants to develop, acquire, rehabilitate, and /or construct affordable single or multi - family housing. To be implemented by a Community Housing Development Organization (CHDO). 12 $166,692 - $164,911 $1,781 Construction of Housing 92.205(a) Project ID Budgeted Budget Revised Project Title & Description Activity Code/ Amount of Changes Total Citations Funds Funding CREATE Self -Help Enterprises — Chardonnav Tract 12 $0 +$164,911 $164,911 Construction assistance for ten low- income Construction of single - family homes in a housing tract owned by Housing Self -Help Enterprises near the northeast corner of Mountain Ridge Drive and McKee Road. 92.205(a) REDUCE CHDO Set Aside Loans and grants to develop, acquire, rehabilitate, and /or construct affordable single or multi - family housing. To be implemented by a Community Housing Development Organization (CHDO). 12 $166,692 - $164,911 $1,781 Construction of Housing 92.205(a) INCREASE New Construction Assistance Housing development costs associated with the acquisition and /or construction of affordable housing. REDUCE CHDO Set Aside Loans and grants to develop, acquire, rehabilitate, and /or construct affordable single or multi - family housing. To be implemented by a Community Housing Development Organization (CHDO). 12 Construction of Housing 92.205(a) 12 Construction of Housing 92.205(a) $833,462 ($173,239 previously committed) $1,781 (inclusive of above amendment action) +$1,781 - $1,781 $662,004 $0 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent Calendar Public Hearings 9.C. TO: Honorable Mayor and City Council FROM: VirginiaGHnn8rO, CityAttorney DATE: 11/7/2017 SUBJECT: Public hearing On Resolution Of Necessity tO determine the public interest and necessity for acquisition Of certain real property bVeminent domain for the Centennial Corridor Project (COdHOfCiVilPrOCHdUrHG1245.230) lOC8tHd8t3408 Elcia Drive, Bakersfield, CA 93309 (APN 149-211-08) (CPN 87726). STAFF RECOMMENDATION: Staff recommends adoption of resolution of necessity. BACKGROUND: Your COUnC| is being asked to consider the adoption of r8SO|UUOn Of necessity to 2CqUin8 an approximately 873 Sq. ft. p2rU2| fee 2CqUiSiUOn On an approximately 7,509 Sq. ft. p2rC8|. improved with 2 single family nSSid8nC8. |OC2t8d 2t3400 EUcia Drive~ Bakersfield, CA 93309 (CPN 87728) (th8 "PrOp8dv'') by eminent domain for the Centennial Corridor Project (the "Project"). Information nS|2t8d to the Property, more fully described and depicted in Exhibits 1 and 2tOthe 2M2Ch8d RHSO|UUOn Of Necessity, is as follows: Property Owner APN Property Interest Richard J. Martinez, 149-211-08 Partial Fee Acquisition Trustee of the Richard J. Martinez Trust DISCUSSION The power Ofeminent domain is used by the City only as 2 |2St resort to obtain interests n808SS2ry for the Project. An offer Of just COnp8nS2tiOn has been made to the owner for the full fair market v2|U8 of the partial fee 2CqUiSiUOn in the Property as determined by an 2ppr2iS2|, and City Staff has attempted b} negotiate 2n amicable settlement in good faith, and will continue b}dOSO throughout the prOC8SS. However, as of the d2hS Of pnSp2r2UOn of this report, 2 negotiated pUnCh2S8 has not been achieved. California eminent domain law provides that 2 public entity may not commence 2neminent domain proceeding On 2 pnOp8dv UnU| its governing body has adopted 2 r8SO|UUOn Of n8C8SSihy. That nSSO|UUOn may only be adopted after the governing body has given the nSCOrd Ovvn8r of the affected property, Or its nSpnSS8nbsUv8S. 2 nS2SOn2b|8 opportunity to appear and be heard On each of the P8qUiP8d findings. Anotice of this hearing was sent byU.S. mail to the Property owner and its representatives, if any, as prescribed by |2vv The nOUC8 stated the City's intent to consider the 2dODUOn of r8SO|UUOn Of necessity, the right Of the property owner b} appear and b8 heard On the issues set forth above, and that failure to file 2 written nSqU8St to appear would nSSU|t in 2 waiver of the right to appear and be heard. The hearing Onth8 proposed resolution relates only b} the findings set forth below 2S they may apply to the property sought tob8acquired. The fair market value Ofthe Property is not 6dissue, nor is the amount Of the City's offer @matter for consideration at the time Ofthe Findings Finding 1: The Public Interest and Necessity Require the Project SR 58 is 2 critical link in the state transportation n8bwOd« that is used by interstate trau/8|8rS. |OC2| COnnnUhSrS. and 2 great nUndJ8r Of regional and inter-regional trucks. However, the efficient movement of traffic, goods, and materials through metropolitan Bakersfield and incorporated areas on 8R58 is limited by the 8»iSUng transportation network, which |2CkS continuity in central Bakersfield and results in severe traffic congestion and reduced levels Of service On adjoining highways and local Stn88tS. The Project is part of the Thomas Roads Improvement Program ("TRIP"), 2 cooperative effort between the City of Bakersfield ("City"), County OfKern, Kern Council of Governments and the State Of California Department of Transportation (''C2|b2nS^). The Project, developed by C2|tr2nS in coordination with the City and other TRIP p2rtn8rS, is new alignment for State ROUhS 58 that will provide 2 COnUnUOUS rOUhS along State Route 58 from Cottonwood Road On 8»iSUng State Route 58 /E2SU. east OfState Route QQ to Interstate 5 and CnS2hS 2 C8ntr2|. high-speed, 2CC8SS-COntrO||8d corridor that will provide nOUb8 continuity and 2SSOCi2b8d traffic 0Ong8SUOn n8|i8f within metropolitan Bakersfield and Kern County. The Project's purpose and need are described in further detail in Chapter 1Of the Centennial Corridor Project's Final Environmental Impact Statement (EIS) approved on December 4, 2015. 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 naAnize the benefits to the public at |2ng8 vvhi|8 minimizing impacts to private property owners. The project team has worked di|ig8nUybO minimize the need for property acquisitions. TO minimize private injury, 2 thorough analysis regarding the need for each property interest was conducted in the Project's planning stages, which included public outreach meetings and other efforts to determine if modifications to the alignment were necessary to minimize impacts. These 8fh]d3 continued over the course of years to ensure the alignment design achieved the greatest public good with the least private injury as set forth below. The Project has been divided into three segments. The Property is |OC2t8d within Segment 1, which is the easternmost segment of the Project that 0OnSiStS Of 2 new section Of freeway connecting the VV8stSid8 Parkway b} the existing SR58/E2y0 freeway. Multiple alignment alternatives 2S well 2S2 no-build alternative were 8v2|U2hSd for Segment 1. After comparing and weighing the benefits and impacts Ofall 2|t8rn2Uv8S 2n2|yzed, including private imp2CtS. COnStrUCt2bi|ib/ and cost, Alternative B. which n8qUin8d the Property, was identified as the preferred 2|b8rn2Um8. Furthermore, 0Onp|i2n08 with 2pp|iC2b|8 State and Federal |2vvS for the Project, including the California Environmental Quality Act (CFQA) and the N2UOn2| Environmental Policy Act (NEpA). has been C2ni8d out by C2|b2nS as the |82d 2g8nCy. AR8COrd Of Decision (ROD) for the Project was approved On February 8.2O18. Finding 3: The Interests in the Property are Needed for the Project All property interests sought were analyzed, giving full COnSd8r2UOn b} whether 2feasible design 2|b8rn2Uw8 exists that would 2U8v2t8 the need for the interests. After extensive analysis of design and alignment 2|b8rn3dim8S. the current Project alignment was S8|8Ct8d as the preferred 2|b8rn3dim8, which requires acquisition Of the Property. Accordingly, staff determined that 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 an independent |iC8nS8d appraiser to appraise the Property, pursuant to City and C2|b2nS policy and 2pp|iC2b|8 |2vv and determined just compensation based On the Property's "Fair Market Va|U8." Awritt8n offer at the full appraised 2n0Unt Of $10.400 was made to the Property owner OnOr about May 15.2O17. Afu|| copy Of the appraisal report and other information required by Section 72872 of the California Government Code was also provided to the owner. In 2CCOrd2nC8 with State |2vv the owner was also offered Up to $5.000 as reimbursement for the cost to have its Own appraisal prepared. City staff attempted to n8gOU2t8 an 2miC2b|8 settlement in good b3ith, 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 PrOC8dUnS Q1240.810. to the extent any portion Of the Project site is currently utilized for public US8. the City may only 2CqUin8 that interest to the extent the Project is 2 more n8C8SS2ry public US8. Some Or all of the PnOp8dv may be devoted to other public US8S Or 82S8nentS and rights-of-way appropriated to existing public US8S. AS set forth pnSviOUS|\( State ROUb8 58 is 2 CriUC2| link in the Sb3t8 tr2nSpOd2UOn network and the |2Ck Of nOUt8 continuity contributes to traffic congestion and nSdUC8d |8v8|S Of service On adjoining highways and |OC2| StnS8tS. To the extent the Property is already devoted to 2 public use that will interfere with the Project, staff recommends that the Council find that the Project is 2 more n8C8SS2ry 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 work with outside 0OUnS8| to initiate court proceedings to 2CqUin8 the PnOp8dv inb8n8St necessary for the project, 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 ReSdUdOlrl of Necess ty Resokltblrl RESOLUTION NO. 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 a partial fee interest in that certain real property commonly known as 3408 Elcia Drive, Bakersfield, CA 93309 (APN 149-211-08) 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. 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 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 CERTIF Y by the that the foregoing Resolution /Ordinance was passed Council of the City of Bakersfield at a regular meeting by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER En KAREN GOH Mayor RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JIM ANDREW HEGLUND Deputy City Attorney 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 July 19, 2017. 5 CHRISTOPHER GERRY Exhibit 1 149-21 TRACT E334 & PT'N. OF N,E.1/4 OF NEJ/'4 SCHOOL DtsT 1-277 149-21 SEC,2 T30SR,27E. 56-5 . . .... . . ...... 7 - ------ ---- ... ... ........ ELCIA DRI V'r i 10 6.) 6d) /5 16 r7 19 MIX' 'wu -v- -TERRACE- - 4y ASSESSORS MAP NO 14,9 2 L, 11/15117 CC A GENDA PA CKET PG 577 LEGAL DIZSCRUMON Call rastm: Pomll No, R77264 Acquisiliam: FElF AIIN �1,49-21 1_08 That portimi of Lot 3 as, shown on"Frael No, 1334 filed in Book 5, pages 173 and 174 of Maim, Records of die County of Korn, located in Section 2,, Township 30 South, Range 27 LAW, Mount Diablo Base and Meridian, ill (Ile Unincorporated Territory of Kern County, tate of Califomill, mom particularly desoiibed as follows: COMUM*61019 at (lie Soulftwe3terly coriltr ofsaid I,ot 3, Thence along tile Southerly line of said Lot,3 South 8r4621" EastS%97 foci to 11meastelly fincofsaid Lot 3; Thence alang amid easterly 11 tic North 00'I 8'09"EfkSI 99.39 feet to the Point of Rtghm hig; Thence eon(inuh ig Nortil O(r39"091 East 3 5.65 feet (o d ic: northerly I ille ofsai d J,ot 1, 11tence a I oug �sai d norl kerly fine North 939 °33 "59 "" West 5003 fW to the bogion i i % ofn non -to nge tit curve, Concave southwesterly having a radius of 780.25 feet, as line rmfiDt to said beginning boars North 341108'20" East; Theave southeasterly alorig said curve rats nit Icngth ol'62.18 Feet, thtough a central ongir. Oroe3"t' '57" lo, the Point of Begiijimb% The above described parcel contains 873 square feel amore or less This conveyance is tonde for the purpose of a freoway and the GRANTOR hereby releases and relinquishes to (lie GRAWIX, and its sucmqsors anti Assigns, any and all abutter's rigks incloditig access rights, appurtenant, to GRANTOR's remaining pivjwrty, in and, to the freeway, pie Hasis oir fieorings fear this kimey are based alma the North, American Datuin of 1983 (NA1 81) of tile Cnlifornin Coordinate Systom of 1983 (CCS8,3), Zoric V, 20014.00 Upoch, li:�4OI'COIOIOI\5URVE,Y'ttE(iALS\87726\R7726-1 F K UGAL DBUlux Page I ot 2 This lepi descj4ption is not intendod for usc in the division fludJor ctAl veyancc of land in vi,(*iation orate subd,i v ision MAP act of the Slut Ma Cal i rorn ia, See plot ottached 11creto as Uhibit "AT' and �y This terevence nand e part hercof Virparod under (fie direction of: an M. S� 8 233 RA40PCO 10�l()IXSUFI EYkLEGALS\877,2(i'87 726-1 FEE LCGAL DESCAm Sow M. Smith, Page of 2 Exhibit 2 AM I AE1 Ek73 SF, 141_211 -qa L T' 4 LOT APNI 145 -211 APNI, :14'9-211-08 (S89 7512Y) SW46 �E pp�y SOUTE1WtSTER'LY CORNER LOT 3 •i NORTHERLY TRACT LINE TRACT NO, 1334 w d p � u w LOT 1 EASTERLY AFIN 11419-211-10 LINE w � LMT 2 PROPOSED D R u APNI:149 - 211 -i1 tl r SCR)IME RLY LINE LOT 3 ELCIA L1 1I NOO'38 C9 -E j 3&65° L2 CURVE MILE TA RADIUS DELTA LENGTH 1 780,25" 174;3, ' S7' 62�1E11 7 i1. M A li. INDICATES ABUTTERt E PGHTS OF ACCESS, WDICATT S RECORD DATA Rya. 1334 M-8, :5/173 --174 DAM 02-15-117 RE;"W 11STR1C1 N W R ILITE PREPAFRE1 BY' 06 KERN 8 13 7 N ,a 4 SHEET NO. TOTAL I 1 ADMINISTRATIVE REPORT MEETING DATE: 11/15/2017 Consent Calendar Public Hearings 9. d. TO: Honorable Mayor and City Council FROM: VirginiaGHnn8rO, CityAttorney DATE: 11/7/2017 SUBJECT: Public hearing On Resolution Of Necessity tO determine the public interest and necessity for acquisition Of certain real property bVeminent domain for the Centennial Corridor Project (COdHOfCiVilPrOCHdUrHG1245.230) lOC8tHd8t3839 Stockdale Highway, Bakersfield, CA 93309 (APN 149-221-20) (CPN 87654). STAFF RECOMMENDATION: Staff recommends adoption of the resolution of necessity BACKGROUND: Sq. ft. partial fee acquisition On an approximately 3,547 Sq. ft. D2rC8, improved with 2COnnn8nj2| building, located at 3839 Stockdale Highway, Bakersfield, CA 93309 (CPN87654) (the ^P0perty") by eminent domain for the Centennial Corridor Project 8h8 "Project"). Information n8|2t8d to the Property, more fully d8SChb8d and depicted in Exhibits 1 and 2 to the 2tb3Ch8d RHSO|UUOn Of Necessity, is as follows: Property Owner APN Property Interest Reginald Lie-A-Tjam 149-221-20 Partial Fee Acquisition DISCUSSION The power Ofeminent domain is used by the City only as 2 |2St resort to obtain interests n8C8SS2ry for the Project. An offer Of just COnp8nS2tiOn has been made to the owner for the full fair market v2|U8 of the partial fee 2CqUiSiUOn in the Property as determined by an 2ppr2iS2|, and City Staff has attempted b} negotiate 2n amicable settlement in good faith, and will continue b}dOSO throughout the prOC8SS. However, as of the d2hS Of pnSp2r2UOn of this report, 2 negotiated pUnCh2S8 has not been achieved. California eminent domain law provides that 2 public entity may not commence 2neminent domain proceeding On 2 pnOp8dv UnU| its governing body has adopted 2 r8SO|UUOn Of n8C8SSihy. That resolution may only be adopted after the governing body has given the record owner of the affected property, Or its representatives, 2 r82SOn2b|8 opportunity to appear and be heard On each of the required findings. Anotice of this hearing was sent byU.S. mail to the Property owner and its representatives, if any, as prescribed by |2vv The nOUC8 stated the City's intent to consider the 2dODUOn of r8SO|UUOn Of necessity, the right Of the property owner b} appear and b8 heard On the issues set forth above, and that failure to file 2 written nSqU8St to appear would nSSU|t in 2 waiver of the right to appear and be heard. The hearing Onth0 proposed resolution relates only b} the findings set forth below 2S they may apply to the property sought tob8acquired. The fair market value Ofthe Property is not 6dissue, nor is the amount Of the City's offer @matter for consideration at the time Ofthe Findings Finding 1: The Public Interest and Necessity Require the Project SR 58 is 2 critical link in the state transportation n8bwOd« that is used by interstate trau/8|8rS. |OC2| COnnnUhSrS. and 2 great nUndJ8r Of regional and inter-regional trucks. However, the efficient movement of traffic, goods, and materials through metropolitan Bakersfield and incorporated areas on 8R58 is limited by the 8»iSUng transportation network, which |2CkS continuity in central Bakersfield and results in severe traffic congestion and reduced levels Of service On adjoining highways and local Stn88tS. The Project is part Ofthe Thomas Roads Improvement Program (7FNP^). 2 cooperative effort between the City of Bakersfield ("City"), County OfKern, Kern Council of Governments and the State Of California Department of Transportation (''C2|b2nS^). The Project, developed by C2|tr2nS in coordination with the City and other TRIP p2rtn8rS, is new alignment for State ROUhS 58 that will provide 2 COnUnUOUS rOUhS along State Route 58 from Cottonwood Road On 8»iSUng State Route 58 /E2SU. east OfState Route QQ to Interstate 5 and CnS2hS 2 C8ntr2|. high-speed, 2CC8SS-COntrO||8d corridor that will provide nOUb8 continuity and 2SSOCi2b8d traffic 0Ong8SUOn n8|i8f within metropolitan Bakersfield and Kern County. The Project's purpose and need are described in further detail in Chapter 1 of the Centennial Corridor Project's Final Environmental Impact Statement (EIS) approved on December 4, 2015. 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 naAnize the benefits to the public at |2ng8 vvhi|8 minimizing impacts to private property owners. The project team has worked di|ig8nUybO minimize the need for property acquisitions. TO minimize private injury, 2 thorough analysis regarding the need for each property interest was conducted in the Project's planning stages, which included public outreach meetings and other efforts to determine if modifications to the alignment were necessary to minimize impacts. These 8fh]d3 continued over the course Of years b] ensure the alignment design achieved the greatest public good with the |82St private injury as set forth b8|Ovv The Project has been divided into three segments. The Property iS located within Segment 1.which is the easternmost segment Of the Project that COnSStS Of 2 new section Of freeway connecting the VV8StSd8 Parkway b} the existing SR58/FeyM freeway. Multiple alignment alternatives 2S well 2S2 no-build alternative were 8v2|U2t8d for Segment 1. After comparing and weighing the benefits and impacts Ofall 2|t8rn2Uv8S 2n2|yzed, including private imp2CtS. COnStrUCt2bi|ib/ and cost, Alternative B. which n8qUin8d the Property, was identified as the preferred 2|b8rn2Um8. Furthermore, 0Onp|i2n08 with 2pp|iC2b|8 State and Federal |2vvS for the Project, including the California Environmental Quality Act (CFQA) and the N2UOn2| Environmental Policy Act (NEpA). has been C2ni8d out by C2|b2nS as the |82d 2g8nCy. AR8COrd Of Decision (ROD) for the Project was approved On February 8.2O18. Finding 3: The Interests in the Property are Needed for the Project All property interests sought were analyzed, giving full COnSd8r2UOn b} whether 2feasible design 2|b8rn2Uw8 exists that would 2U8v2t8 the need for the interests. /\t8r extensive analysis of design and alignment 2|b8rn3dim8S. the current Project alignment was S8|8Ct8d as the preferred 2|b8rn3dim8, which requires acquisition Of the Property. Accordingly, staff determined that 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 an independent |iC8nS8d appraiser to appraise the Property, pursuant to City and C2|b2nS policy and 2pp|iC2b|8 |2vv and determined just compensation based On the Property's "Fair Market Va|U8." Awritt8n offer at the full appraised 2n0Unt Of $14.900 was made to the Property owner OnOr about June 15.2O17. Afu|| copy Of the appraisal report and other information required by Section 72872 of the California Government Code was also provided to the owner. In 2CCOrd2nC8 with State |2vv the owner was also offered Up to $5.000 as reimbursement for the cost to have its Own appraisal prepared. City staff attempted to n8gOU2t8 an 2miC2b|8 settlement in good b3ith, 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 PrOC8dUnS Q1240.810. to the extent any portion of the Project site is currently utilized for public US8. the City may only 2CqUin8 that inb8n8St to the extent the Project is 2 more n8C8SS2ry public US8. Some Or all of the Property may be devoted to other public US8S Or 82S8nentS and rights-of-way appropriated to existing public US8S. AS set forth pnSviOUS|\( State ROUb8 58 is 2 CriUC2| link in the Sb3t8 tr2nSpOd2UOn network and the |2Ck Of nOUt8 continuity contributes to traffic congestion and nSdUC8d |8v8|S Of service On adjoining highways and |OC2| StnS8tS. To the extent the Property is already devoted to 2 public use that will interfere with the Project, staff recommends that the Council find that the Project is 2 more n8C8SS2ry 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 work with outside 0OUnS8| to initiate court proceedings to 2CqUin8 the PnOp8dv inb8n8St necessary for the project, as well as S88k prejudgment pOSS8SSiOn of the PnOp8dv as n8C8SS2ry. Throughout the process, City staff will continue b} work with the Property owner b} attempt b} negotiate and finalize 2n agreement reflecting fair and equitable compensation for the Property. ATTACHMENTS: Description Type D Reao|Udonof Necessity Rea klton RESOLUTION NO. 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 a partial fee interest in that certain real property commonly known as 3839 Stockdale Highway, Bakersfield, CA 93309 (APN 149 -221 -20) 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. 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 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 CERTIF Y by the that the foregoing Resolution /Ordinance was passed Council of the City of Bakersfield at a regular meeting by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER En KAREN GOH Mayor RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JIM ANDREW HEGLUND Deputy City Attorney 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 July 19, 2017. 5 CHRISTOPHER GERRY Exhibit 1 ASSESSORS MAP NoJ,42,.::2Z__ rnllN*rV nF KFAN i-9z i4o-22 NV2 OF NWI/4 OF NEV4 OF SEC. 2 T 30S R.?_7E. scHooto�sT56_5 14o-22 LJ� 2'0 STOCKDALE H�W V.D & L ,...,» ^� d�B.,..,a, P 101 200 ,I+P d AY'dm�C. `�ry (��,', `.,.., - - -------- -- t S TRACT 1938 1,32) - — --------- .. . ... ..... .. ... ASSESSORS MAP NoJ,42,.::2Z__ rnllN*rV nF KFAN J'J"41 LF GAL DESCRIPTI()N Caltrans Pamel o.$7654-11 Acquisition: Fee All 149-221-20 That portion of land as described in Givnt Deed recorded Morch 211, 2001 as Document No. 0201040014, Official Records of born County, located in Section 2, Township 30 South, Range 27'East, Mount Diablo Base and Meridian, in 'the Unincorporated Territory of Kom County3 State of Califomia, more particularly described as follows: Commencing at the centerline intersection of Stine Road with the northerly line of said Section 2, as shown on R=,otd of Survey No. 3559, filed in Book 30, pages 138 through 147 inclusive, of Surveys, Records of said County; Thence along said newtherty line South 590()456" Bast 34 t V feet to the westerly line of said load; Thence along said westerly lineSoudi 0002 V36" West 122.92 feet to the Point of Beginning, Thence continuing South 00°21'36'" West 27.92 feet to tho southerly line of said land; Thence along said southerly line South 89034'5,6" East 26.3? feet to the easterly line of said land; Thence along, said oastesiy lino "North 01°"3'x'29 "" Last 13.54 f to the beginning of a non-tangent curve, concave northeasterly having a radius of 19W50 feet, a fino radial to said beginning bears South 28018146" West; Thence northwesterly along said curve an are length of 30.31 feet, through a central angle of 00152'23" to the Point of Beginning. The above, described parcel contains 550 square feet mom or less. This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the GRANTEE, and its successors and assigns, any and all abutter's rights including amess rights, appurtenant to GRANT R's remaining property, in and to the freeway. The Basis of Bearings for this survey are b,&5ed upon the North Amorican Datum of 1983 (NAD83) of (lic California Coordinate System of 1983 (CCS83), Zone V, 2004,00 Epoch, R-'14OPCOIOIOI'tSURVEY\LEGAtS' 87654' 97654,1 EAUt Al FEtAocx Page 1 of 2 This legal, description is not intended for use in the; division and or conveyance of land in violation of the subdivision map art of the State of Cali fornia. See plot attachod her eto as Exhibit 'AT and by this reference made a, part beroot Prepared under the direction of, Mkl-=. Sean iii. Smith, PL S No. 8,233 Date: A'k4OPCOIOIOI\$JURVEYkLEGAL"7654\07654-1 lbit Al RUM Pap 2 of 2 Exhibit 2 a7654-1 TITLE APN: FEE 149--221-20 SLY R LINE 1.�c I STOCeALE HICHWAY J W. N. 04 (A P OPOSED" p.0.8. R/W APN: 149-221-04 BIC 2254 PQ 211 F4 V�R0 EC, JUN , 1 30., 1154 O,R S'LY LINE SEE DETAAL HEMON VI J w . Im n2 LAND AS DESCRIBED IN DOCUMENT 0 40' ao. NO. 0201040014 REC. MARCH M 2001 O.R" i SCAL � 1"-80' nA'rr evl—nn i REV.- Pk Ek, 48460 FSTiRT COUNTY ROUTE PREPARED BY ' SHEET No. TOTAL SHEETS� D ay� KERN! 58 NPG 11/15117 CC A GENDA PA CKET PG 595 EVSTWG RKW OF WAY ABANDONED MGHT OF WAY RECORD PROPERTY UNES ChSEMEW AS NOTM (PRQ INOICAtES REVERSE CURVE (R), INDICATES RADW HEORG P.0 8, POW OF OMNNINC F''. Z. POW OF COMMENCEMENT SLY R LINE 1.�c I STOCeALE HICHWAY J W. N. 04 (A P OPOSED" p.0.8. R/W APN: 149-221-04 BIC 2254 PQ 211 F4 V�R0 EC, JUN , 1 30., 1154 O,R S'LY LINE SEE DETAAL HEMON VI J w . Im n2 LAND AS DESCRIBED IN DOCUMENT 0 40' ao. NO. 0201040014 REC. MARCH M 2001 O.R" i SCAL � 1"-80' nA'rr evl—nn i REV.- Pk Ek, 48460 FSTiRT COUNTY ROUTE PREPARED BY ' SHEET No. TOTAL SHEETS� D ay� KERN! 58 NPG 11/15117 CC A GENDA PA CKET PG 595