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05/23/18 CC AGENDA PACKET
sA BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 23, 2018 NOTICE OF CANCELLATION Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION 5. CLOSED SESSION ACTION 6. ADJOURNMENT BAKERSFIELD CITY COUNCIL AGENDA M ESTI NG OF MAY 23, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Jeff Gowling, Lead Pastor of the Bible Bridge Church. 3. PLEDGE OF ALLEGIANCE by retired Master Gunnery Sergeant Glenn Denton, Vietnam War Veteran of the U.S. Marine Corps. 4. PRESENTATIONS 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS 7. APPOINTMENTS a. One appointment (at -large) to the Historic Preservation Commission due to the resignation of Brady Bernhart. Staff recommends City Council determination. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the May 9, 2018, Regular City Council Meetings, and the May 14, 2018, Budget Presentation Meeting. Payments: b. Receive and file department payments from April 27, 2018, to May 10, 2018, in the amount of $15,015,585.73, Self Insurance payments from April 27, 2018, to May 10, 2018, in the amount of $220,958.75, totaling $15,236,544.48. Ordinances: Resolutions: Ward(s) 2, 3, 4, 5, 6, 7 C. Resolution authorizing the Water Resources Manager to apply for the Water and Energy Efficiency WaterSMART Program administered by the United States Bureau of Reclamation for a SCADA project. d. Resolution determining that Bioxide@, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $900,000. e. Resolution approving the Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. f. Resolution setting salaries and related benefits for the officers and employees of the General Supervisory, Police Supervisory, and Management Units. 9. Resolution of Intention No. 1966 preliminarily adopting, confirming, and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2018-19 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. h. Resolution of Intention No. 1967 preliminarily adopting, confirming, and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2018-19 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. Resolution of Intention No. 1968 preliminarily adopting, confirming, and approving the Public Works Director's Report for 22 Traffic Signal Maintenance Districts (TSMD) and the 2018-19 budgets and setting the time and place for hearing protests on the amount of assessments to be levied for each TSMD. Ward 2 j. Resolution of Intention No. 1969 to order the vacation of the 33 foot by 264 foot alley located east of S Street and north of 13th Street in Block 375. Agreements: Ward(s) 2, 6, 7 k. Cooperative agreement with Caltrans for the Bakersfield Freeway Connector Project. Amendment No. 4 to Agreement No. 10-033 to extend legal services with the law firm of Marderosian & Cohen through Ward(s) 2, 4, 7 U. Contract Change Order No. 1 to Agreement No. 17-147 with Cal -Stripe, Inc. ($10,402.67; revised not to exceed $89,951.87), for construction of the Remove 11 Program - Bicycle Lane Improvements: Harris Road from Buena Vista Road to Gosford Road, Harris Road from Gosford Road to Wible Road, and Clay Patrick Farr Way from Granite Falls Drive to Hageman Road Project. Ward 7 V. Contract Change Order No. 4 to Agreement No. 16-232 with Griffith Company ($10,716.96; revised not to exceed $1,627,563.57) for construction of the Pavement Fiscal Year 2019-20. Ward 6 M. Amendment No. 1 to Agreement No. 17-053 with Solenis, LLC ($430,000; revised not to exceed $860,000, and extend term one year), to provide dewatering polymer for Wastewater Treatment Plant No. 3. n. Amendment No. 3 to Agreement No. 17-002 with Trans -West Security Services, Inc. ($60,000; revised not to exceed $236,446), for continued park security services. 0. Amendment No. 2 to Agreement No. 16-138 with Loop Electric Inc. ($175,000; revised not to exceed $660,920, and extend the term one year), for vehicle loop cutting and horizontal boring. Ward 2 P. Amendment No. 3 to Agreement No. 14-069 with TYLin International ($37,776.03; revised not to exceed $5,113,939.03)for design services for the 24th Street Improvements Project. Ward 2 q. Contract Change Order No. 1 to Agreement No. 17-206 with Cal Prime, Inc. (increase of $25,000; revised not to exceed $1,892,500), for the Westpark Street Improvements Project. Ward(s) 2, 5 r. Contract Change Order No. 4 to Agreement No. 17-010 with GSE Construction Company, Inc. ($23,124; revised not to exceed $2,925,944), for the rehabilitation of two sewer lift stations: 24th Street at Oak Street, and White Lane at Buena Vista Road projects. Ward 6 S. Contract Change Order No. 5 to Agreement No. 16-154 with Nish -Ko Inc. ($28,762; revised not to exceed $1,862,810.24), for construction of the Kaiser Permanente Sports Village Phase III Landscape Improvements Project. Ward 6 t. Contract Change Order No. 2 to Agreement No. 16-110 with AC Electric Company ($50,155.50; revised not to exceed $669,920.22) for construction of the Kaiser Permanente Sports Village Phase III Electrical Improvements Project. Ward(s) 2, 4, 7 U. Contract Change Order No. 1 to Agreement No. 17-147 with Cal -Stripe, Inc. ($10,402.67; revised not to exceed $89,951.87), for construction of the Remove 11 Program - Bicycle Lane Improvements: Harris Road from Buena Vista Road to Gosford Road, Harris Road from Gosford Road to Wible Road, and Clay Patrick Farr Way from Granite Falls Drive to Hageman Road Project. Ward 7 V. Contract Change Order No. 4 to Agreement No. 16-232 with Griffith Company ($10,716.96; revised not to exceed $1,627,563.57) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to South H Street Project. Ward 2 W. Truxtun Avenue Operational Improvements: 1. Contract Change Order No. 2 to Agreement No. 17-171 with Granite Construction Company ($646,818; revised not to exceed $6,958,217.03). 2. Appropriate $646,818 in Transportation Development Fund (TDF) balance to the Public Works Capital Improvement Budget to fund Contract Change Order No. 2. Property Acquisition Agreements -TRIP: X Purchase of a portion of 31/33 Real Road from Jamie G. Leal for $200,000 for the Centennial Corridor Project: 1. Approval of purchase/sale agreement. 2. Adoption of Resolution Declaring Real Property Surplus to the needs of the City. AM Ward 2 Y. Accept and approve contract with Day's Generator Service, Inc. ($348,048), for the purchase and installation of backup generators at Beach Park and Police Pistol Range. Miscellaneous: Successor Agency Business: Z. Receive and file Successor Agency payments from April 27, 2018, to May 10, 2018, in the amount of $100,000.00. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 5/24/2018 N11-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Widftein Ir11ateirla. SdbirnMed Iby0de Crawford D Widttein Ir11ateirla. SdbirnMed Iby Dir. 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F-' CDw fn (D pi -0 0 -.41 n- CD 0 o' cn :.T (D x -0 0 ;E (D =7 0 m 0 0 0 6 =' -5 r TD- !:� =, '0 CD CD (D (n 0 = co (D 3 (D C-0to =7 -emi3 m C7 (D Lo 5, CD (D cn u-Ycn 0 cn 01 cn 0 U) CD :j (D D) (D 0 0 0 ( ID w 0 CL C) -�E 0) "C' T < —' = a) -1 (D U) 0 0 U) (D EE --3 -- = 3 c CE, 0 71, Cl) cn cn 0 (D C'I- r.L cn m Q 0 0 0 = w 0 =�g (D = • CD 0 (n 0 0 = r- cn n3 Q) CD 0 CT c: (D 0 co < 0 0 En — I'D --r m, w 19 0, a a 0 ID 0 ru -D JJ ND ND U) w CIL 0 W !!X - 0 w U) 0 0 (D (Dcn 0 cn (n CO CD ch (D 0 (D 3 CD (D -0 0 19 0 (D 0- -0 0 cn (n— -n 0 -:4 0 CD. tD w 0- 0 -0 0 0 cn (D 0 --7 m o o 0 c 0 0 cn (D cn (D 0 to 0 0 Q (D CID (n ca (D CO (D CD (D ped 3 "a 00 0 0 = 3 CD (D (D W w 0 0 o Ln. m tn ::p 0 (D cc CL co -0 0 0 0 (D 0 A i7 05123118 CC A GENDA PA C PG 14 Received and placed on file at Council Meeting of 5/23/18 Public Statements- Dr. Joel Huff The ROUTE 91 KERN COUNTY VICTIMS MEMORIAL was created to remember the lives of those lost at the Route 91 music festival on October 1St, 2017, for the purpose of creating a stronger community. As members of the community, we were exposed to how this event devastated our county, and we strongly felt the need to take action in some capacity. The purpose of this non-profit is to build a memorial that will help create a sense of unity, peace and a place to remember the men and women not only from our community, but to all who lost their lives in this horrific tragedy. We have had an overwhelming amount of support shown by our community, and we believe that this Memorial can be built by the community offering their time and resources with only having to raise minimal financial support. The Families in our community that were directly affected by this tragic event will be given the option to have a member of their family be on the board to help make decisions in the direction that this Non-profit continues. Their input is crucial in commemorating their loved ones and making sure our community will always be able to remember those that were lost. In terms of financials, the main focus of the Non-profit will aim at an annual maintenance of the memorial. Our hope is that this Memorial will help continue the healing process that the victims families are going through but also for the survivors from this event. This memorial can be a way to let others know they have not been forgotten about and also a symbol of community support. P-00-1di @qfsV, 0 CD 5 05123118CCAGENDAPACKETPG 17 cj" cti 05123118CCAGENDAPACKETPG 17 // ' ( j�ll y Iy, P / C� I « x >m »w. .:_ 05123128 22 / d \#\ PA22?\fd 1 Mwzvjyjp� MWIMM Mwzvjyjpe CKET PG 23 �e ,_;,-.�_�.�.�y..,____,�__ ______�.__,._—_.�.���_ SCHYf X37L"I'le§11"11, im., MESM A relief fund has been established at KSFCU for Checks must be made payable to: ROUTE 91 KERN COUNTY VICTIMS MEMORIAL Donations can be made at any Kern Schools Federal Credit Union branch or mailed to: Kern Schools Federal Credit Union P.O. Box 9506 Bakersfield, CA 93389-9506. MS -57 (07.07) RO 4"1 Secretary of State Certificate of Amendment of ANIDT- ' Articles of Incorporation NP -NA �• ' Mame Change Only - nonprofit IMPORTANT -- Read Instructions before completing this form. Filing Fee - $30.00 Copy Fees - First Page $9.00 & .50 for each attachment page: Certification Fee - $5.00 1. Corporation Name (Enter the exact name of the corporation as it is currently recorded vn'th the California Secretary of State) INITIATING ACTION ALLIANCE OF BAKERSFIELD AILED Secretary of State State of calffomla APR ® 4 1010 L This Space For Office Use Only 2. 7-131git Secretary of State File Number Item 3a: Enter the number, letter, or other designation assigned to the provision in the Articles of Incorporation being amended (e.g.. •I."First,' or "Al. See Instructions if the provision in the 3. New Corporation Name Articles of Incorporation being amended does not include a number, tetter, or other designation. Any attachment is made part of this document. Item 3b: Enter the new corporate name. 3a. Article 1 of the Articles of Incorporation is amended to read as shown in item 3b below: 3b. The name of the corporation is ROUTE 91 KERN COUNTY VICTIMS MEMORIAL 4. Approval Statements 4a. The Board of Directors has approved the amendment of the Articles of Incorporation. 4b. Member approval was (check one): Q By the required vote of the members in accordance with California Corporations Code section 5892, 7812, or 12502. V1 Not required because the corporation has no members. S. Read, sign and date below (See instructions for signature requirements. Note: Both lines must be signed.) We declare under penalty of perjury,under the laws of the State of California that the matters set forth herein are true and. correct of our own.1�howtedge and -we - ifomia law to sign. JR. JOEL HUFF D t��o Signatu l -,, Type or Print Name of President WILLIAM WRIGHT Date Signature- Type or Print Name of Secretary MADT-NP-NA (EST 0=016) 2016 cardan is Swaim of Swe wwwxos.ca.gcv1business" I hereby car* chat U)&foregohg transcript o( page(s) is a MI, true and ouTed COPY Of ft 0jjgjnW mrd in the custody of the C81ifoNs Saaetaly of State's office. APR 18 2018 Date. a"PALziLLA, Scary of State ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Appointments 7. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 3/27/2018 111-11 V 03 SUBJECT: One appointment (at -large) to the Historic Preservation Commission due to the resignation of Brady Bernhart. STAFF RECOMMENDATION: Staff recommends City Council determination. BACKGROUND: There is one appointment to the Historic Preservation Commission (Commission) due to the resignation of Brady Bernhart. An application for appointment was received from Julia Ellen Hight. The Commission is an advisory body of the City Council. Members must be Bakersfield residents, but are not required to live within specific wards throughout their three-year terms. Also, the Commission is composed of five members; nominations are made by the full City Council. The Commission reviews applications for cultural resources designations and historic districts, and items referred by the Planning Commission, Board of Zoning Adjustment, and the City Council. Also, the Commission conducts public hearings on designation applications and subsequently makes recommendations to the City Council. Finally, meetings are held on the third Tuesday of each month at 4:00 p.m. or as needed. ATTACHMENTS: Description D /kppficadoin Type BackUIMateir4� goTriffano CITY CLRK 1600 Tru tun Avenue Bakersfield, CA 933011 (661) 326-3767 Phone No. (661) 323- 780 Fax No. CLERK'S OFFICE USE ONLY: OF BAKERSFIELD RE. DENT: YES NO WARD NO. 1 2 3 4 5 6 7 CITY OF B APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mrs ,j.,� .. A . . . . . .. . . ...................... First Middle Last 2. Residence address., --------- . . .......... . . . .... ...... . . .. ......... . . . ...... City County State Zip Phone 'Z _. 1, , . ................ 3. Position(s) SOUght: (List in order ofpreference) A 1) �, �, , p (" �� . . . ....... . ..... . . . . . ................. . . .. . . ........................ . . ............ .... 2) ... . .... . ... . . . ..... . .... .... . . . . ......... .. . . . . . . ............ . .. . .... ..... . . ..... . . .... ............ . 3) . . ......... . ........ . . .. ... ... .. . . ....... .............. . ...... . . . . -------- 4) . .. .. .. .... ... .. ...... .. . . . . .... . .. .......... .. .. .. .. . . ..... ..... 4. Business rifle Or Occupation, ucl . ........... .. . I Company.,,f Address: q r . . .......... . . ....... ..... ......... .. . I ty County State ZIP �011 Phone. ) /-1 - __ . . . . ... ................. Education - List schools attended and/orgraduated/degree(s): 05123118 CC A GENDA PA C PG 30 0 101 k VM k*1011 Ptlease provide the City Clerk's Office with the following information: ........... . . ... . ....... . - .............. . ..... PHONE NUMBERS: HOME�- . . ........ ...... - . . .. . ...... . . . . ........... ANDS /O WORK: . . ............ . . . E-MAIL ADDRESS L<2 If appointed, thiis ir-iforrnation wi�l be pr4ited in the Roounclimembers and Officials, Comi,miissions/Comimiffees. In addition, this information will be provided on the City's Internet site at www.,bakersfieldcity.uls. I understand that in connection with thiis applicaflon for, appointment, the information contained herein will be made available to the general public upon reqUest. re of Applica Y / ------ V-4 . . . ... ..... . . . Date 01' I NOTE: This document is a public record and may be disc losed/released oursuant to the California Public Records Act. ELLIE HIGHT 1 232 Normal Ave., Cape Girardeau, MO 6.3701 1 661.342-1856 I eltiehight05@grTiail.com EA tAf ;Sltion Bachelor of Science, Historic Preservation history August 2015 Southeast Missouri State University — Cape Girardeau, Missouri Historic Preservation history Work His -History Teacher Bakersfield High School - Bakersfield, CA -Fourth Grade Teacher Cape Christian School - Cape Girardeau, MO -Substitute Teacher Cape Girardeau/ Jackson M,O School Districts -Presentation Setter 20,16 Target Cape Girardeau, MO -Project Manager/ Postal Worker, Downtown Washington Inc. Washington, MO -Head Coach Southeast Missouri Soccer Club - Cape Girardeau, MO in it Lt i,, us Li, i 2 s. Downtown Washington Inc, Jan 2017 to May 2017 Sept 2016 to Dec 2016 Oct 2015 to Sept Apr 2015 to Sep 2015 Jul, 2012 to May 2015 • Long term social media project with downtown businesses and owners • Feasibility assessment of historic building • Farmers market repainting and repointing project • Downtown and guest house website evaluation • Experience in making work plans and attending Special event planning Attend many Four Point committee mee,tinqs and the Missoluri Main Street Conference in St. Louis • Set up church events and events for KHIS radio, station • Daily scheduling of W6rship materials and teams, for all 4 campuses using planning center KQlUnteer Work, Oct 2014 Heritage Education Lesson Plan Worked as part of a team to create a lesson plan about a Cape Girardeau house museurn for high, school students. Utilized social media as way of teaching students about the lives of individuals, who lived during the Victorian period, as well, as classroom presentations about their experience and what they learned. Feasibility Assessment • Worked as part of a team to prepare a feasibility assessment of two historic theaters in downtown Cape Girardeau. • Assessed the legalities, market factors, target markets, and financial requirements necessary for the successful rehabilitation of both theaters. • Worked with one other person to prepare a feasibility assessment of a historic building in downtown Washington. • Assessed the legalities, market factors, target markets, and financial requirements necessary for the successful rehabilitation of the apartment building ,s on the second floor of a historic building Apr 2014 National Register of Historic Places • Prepared a draft nomination for a Modern, Brutatist style office building located in Cape Girardeau, Missouri. • involved extensive primary and secondary research, photo documentation, and cornpletion of National Register form for review by the State Historic Preservation Office. Apr 210114 Cape Girardeau River Heritage Museum, Exhibit Worked as part of a team that created an exhibit about the history of the Cape Girardeau Fire Department, extensively researched photographs and artifacts, designed, and implemented exhibit. Worked as part of a team to prepare, a collection of architecture throughout Cape Girardeau with a theme that focused on stonework of buildings. Identified the style, location, and year built of selected buildings and presented in poster form., Awarded first place by peer judges Building Conditioni, Assessment Report si Prepared a building condition assessment of a historic home in Jackson, Missouri. Involv o analysis f current condition of the building's structure, milaterials, finishes, asisessmiient causes of deterioration and recommendations for rernediation. I Additional Inflormation Ptayed four years, of !soccer for Southeast Missouri State Served on the City of Cape Girardleau's Historic Preservation Commission Served on the City of Washington's Historic Preservation Commission ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 2/5/2018 N11-11 V 03 SUBJECT: Approval of minutes of the May 9, 2018, Regular City Council Meetings, and the May 14, 2018, Budget Presentation Meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D ay 9 I@9bleu es D ay'14 Wrldes Type BackUIMateir4� BackUIMateir4� 05123118 CC A GENDA PA C PG 35 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 9, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Councilmembers Gonzales, Weir, Freeman, Sullivan, Parlier Absent: Vice -Mayor Smith, Councilmember Rivera 2. PUBLIC STATEMENTS a. Michael Turnipseed made comments regarding a proposed sales tax increase and stated the City should look into investing with the sales tax revenue. 3. WORKSHOPS a. Presentation regarding the 2018 Kern County Homeless Point in Time Count. Assistant City Manager Teglia made staff comments. The following individuals from the Kern County Homeless Collaborative made comments and provided a PowerPoint presentation: Louis Gill (submitted written material); Tina Posey; and Heather Kimmel. 4. CLOSED SESSION None. 5. CLOSED SESSION ACTION None. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:38 p.m. ACTION TAKEN 05123118 CC A GENDA PA CKET PG 3 Bakersfield, California, May 9, 2018 - Page 2 REGULAR MEETING -5:19 p.m. ROLL CALL Present: Mayor Goh, Councilmembers Gonzales, Weir, Freeman, Sullivan, Parlier Absent: Vice -Mayor Smith, Councilmember Rivera 2. INVOCATION by Pastor Pedro Aguilar, Pastor of New Life Church. 3. PLEDGE OF ALLEGIANCE by Peter Parra, 6th Grade Student from Cesar E. Chavez Elementary School. 4. PRESENTATIONS a. Proclamation to Nick Fidler, on behalf of the American Public Works Association - Kern Branch, declaring National Public Works Week in Bakersfield during the week of May 21, 2018. Public Works Director Fidler accepted the proclamation and made comments. b. Proclamation to Tiffany Nichols, President, and Alyssa Hurtado, Honorary Junior Secretary of the American Legion Auxiliary Bakersfield Unit 26, declaring Poppy Month during May 2018. Ms. Nichols and Ms. Hurtado accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Jenifer Pitcher, Old Town Kern Beautification Project Committee, spoke regarding the revitalization project in the historic Old Town Kern area; asked the Council to consider the project as a high priority during budget discussions; and submitted written material. b. Nick Hansa, Owner of Chef's Choice Noodle Bar, spoke regarding downtown special event permits and street closures; requested the Council consider adopting additional guidelines to grant permits for downtown street closures; and submitted written material. ACTION TAKEN Bakersfield, California, May 9, 2018 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Tony Castiglione, Cruizin-4-Charity, spoke regarding the process of obtaining a special event permit for the downtown area. Councilmember Gonzales requested staff explore changing the municipal code to require stronger neighborhood outreach and advanced notification to business owners for street closures. d. Blair Budai expressed his concern with homeless services in Kern County. e. Eric Gerow spoke regarding Senate Bill 54, regarding Sanctuary State law, and requested the Council adopt a resolution opting out of SB 54. Susan Stone, Co -Chair of Wakayama Committee for Bakersfield Sister City Project Corporation, thanked the Mayor and City Council for their support of Sister City programs in Bakersfield; and invited them to attend the California Sister Cities meeting on Saturday, May 19th, at Hodels. g. Kari Heilman, Executive Director of the Bakersfield Symphony Orchestra, provided an update on the symphony and youth outreach. h. Debbie Moore spoke in support of the pro-life movement. 6. WORKSHOPS a. Fiscal Year 2018-19 proposed budget overview. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Mayor Goh recessed the meeting at 6:38 p.m. and reconvened the meeting at 6:47 p.m. Bakersfield, California, May 9, 2018 - Page 4 7. APPOINTMENTS ACTION TAKEN None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 11, 2018, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from March 30, 2018, to April 26, 2018, in the amount of $27,656,606.20, Self Insurance payments from March 30, 2017, to April 26, 2018, in the amount of $636,756.57, totaling $28,293,362.77. Ordinances: C. Adoption of ordinance amending the Official ORD 4933 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from County A (Exclusive Agriculture) to City E (Estate) on 8.98 acres of a greater 16.28 -acre site located generally north of Snow Road along the east side of Verdugo Lane. (ZC No. 17 -0072; Norris School District, the property owner) (FR 04/11/18) d. Adoption of ordinance amending the Official ORD 4934 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1-4.5 (One Family Dwelling - 4,500 square foot minimum lot size) to R-2 (Limited Multiple Family Dwelling) on 24.33 acres, located at the southeast corner of Panama Lane and Reliance Drive. (ZC No. 17-0363; McIntosh & Associates, representing Panama Lane Properties, LLC)(FR 04/11/18) e. Adoption of ordinance amending the Official ORD 4935 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to R-1 (One Family Dwelling) on 26.56 acres located along the north side of Renfro Road, generally west of Santa Fe Way. (ZC No. 17-0446; Hageman Land Partners, LLC, representing Cumberland Legacy Trust) (FR 04/11/18) 1.3 Bakersfield, California, May 9, 2018 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Adoption of ordinances amending sections of the Bakersfield Municipal Code (FR 04/11/18): 1. Section 2.62.020 relating to Keep ORD 4936 Bakersfield Beautiful. 2. Section 8.58.050 relating to Tobacco Use ORD 4937 Prevention. 3. Section 17.06.050, Chapter 17.36, ORD 4938 Sections 17.36.010, 17.36.020, 17.36.025 and 17.60.060 relating to Zoning. 4. Sections of the Bakersfield Municipal ORD 4939 Code to reflect the name change from Community Development Department to Development Services Department. Resolutions: g. Resolution confirming approval by the City RES 048-18 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. h. Resolution authorizing the filing of an RES 049-18 application with the Kern Council of Governments for an allocation of Transportation Development Act funds for Fiscal Year 2018-19 ($409,975) for the annual maintenance of the Bakersfield Amtrak Station. i. Resolution establishing residential permit RES 050-18 parking on University Avenue and Duke Drive between Haley and Pomona Streets. j. Resolution authorizing the Recreation and Parks RES 051-18 Director to apply for the Environmental Enhancement and Mitigation Program (2018 Grant Cycle) administered by the California National Resources Agency, and enter into agreements with the State of California. 1.3 Bakersfield, California, May 9, 2018 - Page 6 CONSENT CALENDAR continued ACTION TAKEN k. Resolution authorizing the Water Resources REMOVED BY STAFF Manager to apply for the Water and Energy Efficiency WaterSMART Program administered by the United States Bureau of Reclamation for Water Conservation and Telemetry Projects. I. Resolution approving the Memorandum of RES 052-18 Understanding setting salaries and related benefits for the employees of the Bakersfield Police Officers Association. M. Bakersfield Firefighters Labor Organization, IAFF, Local 246 (BFLO): Resolution approving the Memorandum RES 053-18 of Understanding setting salaries and related benefits for the FireFighters and Engineers Unit of the Fire Department of the City of Bakersfield. 2. Resolution approving the Memorandum RES 054-18 of Understanding setting salaries and related benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield. n. Rehabilitation of the AquaDisk cloth media filter REMOVED BY STAFF located at Wastewater Treatment Plant No. 3: Resolution determining that parts required for the cloth media filter cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,000. 2. Agreement with Aqua -Aerobic Systems, Inc., to provide required parts and services for cloth media rehabilitation. o. Resolutions adding territories to the consolidated maintenance district, and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 4-180 (2315 Eye Street) - Ward 2. RES 055-18 2. Area 4-181 (2817 1 6th Street) - Ward 2. RES 056-18 1.3 Bakersfield, California, May 9, 2018 - Page 7 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.o. CONTINUED 3. Area 5-94 (2728 S. Chester Avenue) - RES 057-18 Ward 1. Agreements: P. Agreement with Greater Bakersfield Legal AGR 18-072 Assistance, Inc. ($100,000), to provide fair housing services. q. Agreement with Self -Help Enterprises ($300,000) AGR 18-073 to provide 10 affordable homeowner housing units on designated lots in Phase 1 and 2 of Tract 6170. r. Agreement with Kern County Behavioral Health AGR 18-074 and Recovery Services Department to implement the SMART91 1 Program. S. Final map and improvement agreement with K. AGR 18-075 Hovnanian's Aspire at Union Village, LLC, for Tract 6520 Phase 2 located south of East Berkshire Road and east of Marvin Street. t. Final map and improvement agreement with AGR 18-076 Lennar Homes of California, Inc., for Tract 6531 Unit 1 located south of Panama Lane and west of Mountain Ridge Drive. U. Improvement agreement with DG -Bakersfield, AGR 18-077 CA -4, LP for Parcel Map 12244, located north of South Chester Avenue and Geneva Avenue. V. Agreement with MCIMetro Access Transmission AGR 18-078 Services Corp. that ensures the appropriate repairing and replacing of streets after cutting existing roadways to lay utility lines. W. Transportation impact fee credit agreement AGR 18-079 with Kern High School District ($272,626) for construction of improvements at 7301 Old River Road and at the intersection of Old River Road and Berkshire Avenue. X. Agreement with Brown Armstrong AGR 18-080 Accountancy Corporation ($53,100) for a full scope annual audit of Fiscal Year 2017-18. E3 Bakersfield, California, May 9, 2018 - Page 8 CONSENT CALENDAR continued Y. Amendment No. 4 to Agreement No. 14-091 with Kern Turf Supply, Inc. ($250,000; revised not to exceed $1,200,000 and extend term one year), to continue the supply of irrigation parts and supplies. Z. Amendment No. 1 to Agreement No. 17-004 with River Ranch Community, LLC ($73,000), to purchase real property located southeast of Old River Road and Berkshire Street for a domestic water well site. aa. Bakersfield Habitat Conservation Plan: Amendment No. 1 to California Department of Fish and Wildlife Grant Agreement Number P1640001 1. 2. Amendment No. 4 to Consultant Agreement No. 12-022 with ICF Jones & Stokes, Inc., for the continued preparation of the Bakersfield Habitat Conservation Plan. ab. 1,23 - Trichloropropane (TCP) Mitigation Project: Amendment No. 6 to Agreement No. 17- 084 with W.M. Lyles ($6,600,163; revised not to exceed $28,878,335) for Group 3 Wells - Phase 2 construction costs associated with the TCP Mitigation Project. 2. Appropriate $6,600,163 in fund balance to the Water Resources Capital Improvement Program Budget within the Domestic Enterprise Fund. ac. 1,2,3-Trichloropropane (TCP) Mitigation Project: 1. Amendment No. 2 to Agreement No. 16-250 with Provost & Pritchard Consulting Group ($51,000; revised not to exceed $784,900) for engineering services associated with water system improvements for the TCP Mitigation Project. ACTION TAKEN AGR 14-091(4) AGR 17-004(1) AGR 16-234(1) AGR 12-022(4) AGR 17-084(6) AGR 16-250(2) 1.3 Bakersfield, California, May 9, 2018 - Page 9 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.ac. CONTINUED 2. Appropriate $51,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ad. 1,2,3-Trichloropropane (TCP) Mitigation Project: 1. Amendment No. 1 to Agreement No. AGR 17-146(1) 17-146 with Meyer Civil Engineering, Inc. ($68,500; revised not to exceed $343,500), for professional engineering services. 2. Appropriate $68,500 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ae. Contract Change Orders No. 6, 7, 8, and 9 to AGR 17-159 Agreement No. 17-159 with Specialty CCO 6, CCO 7 Construction, Inc. (decrease of $83,686.73; CCO 8, CCO 9 revised not to exceed $1,881,358.58) for the Sanitary Sewer Relocation Project. af. Contract Change Order Nos. 70, 73, 76, 78, 80, AGR 14-241 87, 92, 98, and 99 to Agreement No. 14-241 with CCO 70, CCO 73 Security Paving Company ($887,120.76; revised CCO 76, CCO 78 not to exceed $85,715,319.24) for the Beltway CCO 80, CCO 87 Operational Improvements Project. (TRIP) CCO 92, CCO 98 CCO 99 Property Acquisition Agreements - TRIP: ag. Approval of settlement in Case No. BCV -17- 102691 in the amount of $25,450.20. Bids: ah. Accept bid from Golden State Peterbilt, Bakersfield ($214,878.37), to replace a super dump truck for the Public Works Department. ai. Accept bid from Dell Marketing, L.P., Round Rock, TX ($75,116.29), for six Dell servers for the Technology Services Division. Bakersfield, California, May 9, 2018 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN aj. Accept bid from Brock's Trailers, Incorporated ($57,309.44), for the replacement of three axle gooseneck trailers for the Recreation and Parks Department. ak. Accept bid and award contract with Nor -Cal AGR 18-081 Pump and Well Drilling, Inc. ($623,156), for construction and development of a domestic water well (not including pump and building) at CBK-58 located at 11825 Bolthouse Drive, intersection of White Lane and Buena Vista Road. al. Rabobank Arena, Theater, and Convention Center security enhancements: 1. Accept bid for 15 walk-through metal detectors from CEIA USA Ltd., Twinsburg, OH ($57,915). 2. Appropriate and transfer $90,000 from the Equipment Fund to the Arena Capital Improvement Budget within the Capital Outlay Fund for arena security enhancement projects. Miscellaneous: am. Accept Fiscal Year 2016-17 Transportation Development Act Funds Audit Reports: Independent Auditor's Reports, Fund Financial Statements, and Supplementary Information. 2. Agreed Upon Conditions for the Fiscal Year Ended June 30, 2017. an. Revised job specification for the Public Works Operations Manager (#88060). Successor Agency Business: ao. Receive and file Successor Agency payments from March 30, 2018, to April 26, 2018, in the amount of $2,559.96. E3 9. Bakersfield, California, May 9, 2018 - Page 11 CONSENT CALENDAR continued Assistant City Clerk Drimakis announced staff memorandums were received requesting items 8.k. and 8.n. be removed from the agenda. Motion by Councilmember Weir to adopt Consent Calendar items 8.a. through 8.ao., with the removal of items 8.k. and 8.n. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Making Downtown Bakersfield - High -Speed Rail Station Area Vision Plan located in the general area of F Street and Golden State Avenue at the northern edge of Downtown Bakersfield and the surrounding area of Downtown Bakersfield. (Staff recommends adoption of the resolutions.) Resolution to adopt the Making Downtown Bakersfield -High-Speed Rail Station Area Vision Plan. 2. Resolution to certify the Environmental Impact Report; Adopt Section 15091 Findings and Section 15093 Statement of Overriding Considerations; and Adopt Mitigation Measure Reporting Plan; All for the Making Downtown Bakersfield - High - Speed Rail Station Area Vision Plan. Assistant City Clerk Drimakis announced one email was received in support of the High Speed Rail Station Area Vision Plan; and four emails were received in opposition to the staff recommendation. Development Services Director Kitchen made staff comments and provided a PowerPoint presentation. Eric VonBerg, Rincon Consultants, made comments and continued the PowerPoint presentation. ACTION TAKEN APPROVED AB RIVERA, SMITH RES 058-18 RES 059-18 10. 11. Bakersfield, California, May 9, 2018 - Page 12 HEARINGS continued ACTION TAKEN ITEM 10.a. CONTINUED Hearing item 10.a. opened at 7:24 p.m. The following individuals spoke in opposition to the staff recommendation: Jim Robinson; Tony Amarante; Troy Hightower; and Dennis Fox. Diana Gomez, Central Valley Regional Director for the California High Speed Rail Authority, spoke in support of the staff recommendation. Hearing item 10.a. closed at 7:37 p.m. Motion by Councilmember Gonzales to adopt APPROVED the resolutions. AB RIVERA, SMITH b. Public hearing on resolution of necessity to RES 060-18 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), two partial fee interests consisting of 10,664 square feet, and a 287 square foot 48 -month temporary construction easement in portions of real property located southeast of Commerce Drive, in Bakersfield, CA (APN 332-256-05) (CPN 87465-1, 87465-2 and 87465-3) (Staff recommends adoption of the resolution.) Public Works Director Fidler made staff comments. Hearing item 10.b. opened at 7:43 p.m. Stacy Thompson, Peterson Law Group, spoke in opposition to the staff recommendation. Hearing item 10.b. closed at 7:45 p.m. Motion by Councilmember Freeman to adopt APPROVED the resolution. AB RIVERA, SMITH REPORTS None. Bakersfield, California, May 9, 2018 - Page 13 12. DEFERRED BUSINESS ACTION TAKEN None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Parlier announced the Bakersfield Sikh Women's Association will host a 5k Walk on Saturday, between 8:00 a.m. and 11:00 a.m., at The Park at River Walk. Councilmember Gonzales commended staff for their commitment to public service. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:48 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 14, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Department Budget Presentation Meeting REGULAR MEETING -12:00 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 12:10 p.m.), Gonzales (seated at 12:04 p.m.), Weir, Sullivan, Parlier Absent: Councilmember Freeman Assistant City Clerk Drimakis announced that at the request of staff, Workshops item 3.a.2. will be removed from the agenda and rescheduled for a future meeting. 2. PUBLIC STATEMENTS 3. WORKSHOPS a. Department Budget Presentations 1. General Government Assistant City Manager Huot made staff comments and provided a PowerPoint presentation. ACTION TAKEN 2. Visit Bakersfield REMOVED BY STAFF 3. AEG/Rabobank Arena, Theater and Convention Center Rabobank Arena General Manager Eckerson made staff comments and provided a PowerPoint presentation. Councilmember Rivera left the meeting at 12:17 p.m. and returned to the meeting at 12:22 p.m. Bakersfield, California, May 14, 2018 - Page 2 3. WORKSHOPS continued ACTION TAKEN 4. City Attorney's Office City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 5. Financial Services Department Finance Director Smith made staff comments. Assistant Finance Director McKeegan made additional staff comments and provided a PowerPoint presentation. Councilmember Weir requested staff provide an explanation for the $30 million increase in Other Post Employment Benefit liability between 2014 and 2017. 6. Police Department Police Chief Martin, Assistant Police Chief Demestihas, and Assistant Police Chief Terry made staff comments and provided a PowerPoint presentation. Councilmember Gonzales requested staff keep the Council updated as the Smart 911 program is launched. Vice -Mayor Smith requested staff provide him with dates for upcoming Principled Policing Procedural Justice and Implicit Bias Classes. Mayor Goh recessed the meeting at 1:31 p.m. and reconvened the meeting at 1:39 p.m. 7. Fire Department Fire Chief Greener and Deputy Fire Chief Hartley made staff comments and provided a PowerPoint presentation. Bakersfield, California, May 14, 2018 - Page 3 4. ADJOURNMENT Mayor Goh adjourned the meeting at 2:14 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: 5/23/2018 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 3/30/2018 N11-11 V 03 SUBJECT: Receive and file department payments from April 27, 2018, to May 10, 2018, in the amount of $15,015,585.73, Self Insurance payments from April 27, 2018, to May 10, 2018, in the amount of $220,958.75, totaling $15,236,544.48. Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNin 05 23 20,18 D 2 E/kP Check Regilsteir/kdirNin 05 23 20,18 Type BackUIMateir4� BackUIMateir4� 05123118 CC A GENDA PA C PG 52 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674067 70416 A -N -W CONSTRUCTION INC Apr 27,2018 $1,500.00 674068 10158 ALEXANDER, SUSAN Apr 27,2018 $12.97 674069 15461 ALVIDREZ, TONY M Apr 27,2018 $26.33 674070 359 ANDERSON, ALLEN M Apr 27,2018 $24.06 674071 11517 ANSON, GARY Apr 27,2018 $7.32 674072 24927 ARRIBILLAGA, ROSEMARIE Apr 27,2018 $42.50 674073 514 AUSTIN, MARK W Apr 27,2018 $15.50 674074 541 AVALOS, JOHN Apr 27,2018 $26.33 674075 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $250.00 674076 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $76.00 674077 15209 BERTRAND,FLOYD Apr 27,2018 $26.33 674078 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $200.00 674079 1111 BLACKBURN, CLEO Apr 27,2018 $26.33 674080 24850 BUCHANAN, JAMES Apr 27,2018 $3,072.00 674081 1463 CADENA, JAKE Apr 27,2018 $26.33 674082 1694 CALIFORNIA WATER SERVICE Apr 27,2018 $17,021.75 674083 1771 CARROLL, EUGENE J Apr 27,2018 $13.07 674084 12236 COLBURN, NORMA Apr 27,2018 $42.50 674085 15997 COLWELL, SHIRMEY A Apr27,2018 $3.76 674086 2224 CORE, FLORN R Apr 27,2018 $42.50 674087 10697 CRAWFORD, KAREN Apr27,2018 $23.12 674088 70351 CRUZIN 4 CHARITY Apr 27,2018 $750.00 674089 2261 CUNNINGHAM, TERRY Apr 27,2018 $7.89 674090 2435 DE LAURIE, JERRY Apr 27,2018 $13.07 674091 11430 DEEM, JEWELL Apr 27,2018 $13.91 674092 11365 DEPARTMENT OF FISH AND GAME Apr 27,2018 $236,653.32 674093 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $200.00 674094 2630 DOYLE, MIKE Apr 27,2018 $42.50 674095 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $30.00 674096 2925 FIDLER, DENNIS Apr 27,2018 $2.24 674097 11696 FRALEY, DEBORAH Apr 27,2018 $36.75 674098 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $196.00 674099 12742 GEORGE, PRESTON Apr 27,2018 $26.33 674100 3360 GILLBURG, GEORGE Apr 27,2018 $42.50 674101 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $316.00 674102 3538 GUSTIN, WENDELL Apr 27,2018 $6.30 674103 25970 HACKER, ROBERT Apr 27,2018 $42.50 674104 11942 HALL, DENNIS Apr 27,2018 $26.33 674105 3770 HERRERA, FRANK R Apr 27,2018 $26.33 674106 70415 HERRING, JARMAINE Apr 27,2018 $938.00 674107 11438 HUNTINGTON, LORRAINE Apr 27,2018 $42.50 674108 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $8.76 674109 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $8.76 674110 24194 JOHNSON, CLARISSE Apr 27,2018 $26.33 674111 27671 KELLER, MAXINE Apr 27,2018 $42.50 674112 4435 KERN COUNTY CLERKS Apr 27,2018 $1,100.00 674113 21175 KISBEY, KAREN Apr 27,2018 $42.50 674114 4931 KULLRICH, DAN Apr 27,2018 $8.84 674115 12054 LIVERMORE, PATRICIA Apr 27,2018 $3.76 674116 5163 LOPEZ, FRANK Apr 27,2018 $26.33 674117 24061 MAHAFFEY, BOBBY Apr 27,2018 $26.33 674118 10113 MEDICAL EYE SERVICE COMPANY Apr 27,2018 $3.45 674119 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $25.00 674120 10600 MOYER, MICKEY D. Apr 27,2018 $42.50 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 53 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674121 5896 NEWTON, KENNETH RAY Apr 27,2018 $13.07 674122 11448 O'KANE, CLYDE Apr 27,2018 $26.33 674123 5963 OFFENBURGER, BILL Apr 27,2018 $42.50 674124 14352 OWEN, CAROL Apr 27,2018 $8.84 674125 27975 OWEN, M ROSE Apr 27,2018 $24.06 674126 29655 P &A ADMINISTRATION SERVICES INC Apr 27,2018 $9,310.03 674127 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $100.00 674128 11451 PHILLIPS, SHIRLEY A Apr27,2018 $23.12 674129 12132 QUON, MICHAEL F Apr 27,2018 $42.50 674130 28060 ROBERTS, EMMA Apr 27,2018 $42.50 674131 7337 SHERFY, ROBERT M. Apr 27,2018 $42.50 674132 7357 SHERMAN, THOMAS Apr 27,2018 $26.33 674133 7351 SHIPES, HENRY Apr 27,2018 $26.33 674134 10047 MISC RECEIVABLE REFUND VENDOR Apr 27,2018 $180.00 674135 26820 SMITH, BOB Apr 27,2018 $107.00 674136 7493 SNYDER,RHENDA Apr 27,2018 $1.22 674137 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $250.00 674138 26024 SUMMIT CAPITAL VENTURES LLC Apr 27,2018 $379,187.00 674139 10047 MISC RECEIVABLE REFUND VENDOR Apr 27,2018 $638.00 674140 20357 TEUTIMEZ, DONALD Apr 27,2018 $42.50 674141 26861 TORRES, SHIRLEY Apr 27,2018 $26.33 674142 10037 MISCELLANEOUS TRUST VENDOR Apr 27,2018 $300.00 674143 24193 URSIN, MARGARET Apr 27,2018 $42.50 674144 29174 VALLIANT, JOHN Apr 27,2018 $18.99 674145 70389 VICTORY OUTREACH Apr 27,2018 $400.00 674146 17940 VINCENT, LESLIE Apr 27,2018 $25.65 674147 23357 WALCK, CORA Apr 27,2018 $42.50 674148 15380 WILLIAMS, ISABEL Apr27,2018 $10.16 674149 9052 WISHAM, DARLENE Apr27,2018 $26.33 674150 10047 MISC RECEIVABLE REFUND VENDOR Apr 27,2018 $99.96 674151 10047 MISC RECEIVABLE REFUND VENDOR Apr 27,2018 $1,703.00 674152 10047 MISC RECEIVABLE REFUND VENDOR Apr 27,2018 $219.00 674153 28865 BLUE SHIELD OF CALIFORNIA Apr 27,2018 $637,596.81 674154 14993 CALIFORNIA AIR RESOURCES BOARD Apr 27,2018 $3,030.00 674155 2214 COUNTY OF KERN Apr 27,2018 $50.00 674156 12857 KAISER PERMANENTE Apr 27,2018 $37,052.93 674163 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 27,2018 $280,874.01 674164 29221 UNITED CONCORDIA DENTAL PLANS OF CA Apr 27,2018 $5,005.60 674165 19844 VAN WYK, MITCH Apr 27,2018 $7,314.00 674166 80 ACTION SPORTS May 3, 2018 $1,991.97 674167 70050 ACTION SPORTS May 3, 2018 $984.43 674168 15433 ADVANCE MOBILE SECURITY May 3, 2018 $523.69 674169 29333 ADVANCED SPRAYING May 3, 2018 $2,200.00 674170 25365 AECOM TECHNICAL SERVICES INC May 3, 2018 $19,779.46 674171 19696 ALEMAN, KIM May 3, 2018 $65.40 674172 19496 ALL PRO CLEANING SERVICE May 3, 2018 $1,440.00 674173 1049 APPLIED LNG TECHNOLOGIES LLC May 3, 2018 $5,939.27 674174 20521 ARIES INDUSTRIES INC May 3, 2018 $648.94 674175 13049 ARMA COATINGS OF BAKERSFIELD May 3, 2018 $348.56 674176 20250 ASBESTOS SERVICES INC May 3, 2018 $1,500.00 674177 523 ATCO INTERNATIONAL May 3, 2018 $157.70 674178 520 AUTO TINT WEST INC May 3, 2018 $219.14 674179 13028 B & H PHOTO VIDEO INC May 3, 2018 $1,039.60 674180 652 BACSCO May 3, 2018 $503.23 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 54 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674181 13544 BAKERSFIELD ARC May 3, 2018 $26.25 674182 675 BAKERSFIELD CALIFORNIAN May 3, 2018 $482.22 674183 14316 BAKERSFIELD FLOOR COVERING INC May 3, 2018 $3,462.00 674184 841 BAKERSFIELD RUBBER STAMP CO May 3, 2018 $318.91 674185 25203 BAKERSFIELD SIGNS INC May 3, 2018 $509.44 674186 875 BAKERSFIELD TRUCK CENTER May 3, 2018 $36.13 674187 557 BARO May 3, 2018 $22.00 674188 13424 BARNES WELDING SUPPLY May 3, 2018 $89.68 674189 945 BARNETT'S TOWING SERVICE INC May 3, 2018 $70.00 674190 28231 BIG BRAND TIRE & SERVICE May 3, 2018 $736.88 674191 23444 BILLINGSLEY, MATTHEW May 3, 2018 $1,301.13 674192 28197 BISHOP, JOHN May 3, 2018 $500.00 674193 29237 BLACK, JOHNNY May 3, 2018 $84.00 674194 21172 BLACKHOLE TECHNOLOGIES INC May 3, 2018 $4,653.41 674195 29024 BLANTON, ALEX May 3, 2018 $675.00 674196 29657 BLUE, SAMUEL May 3, 2018 $99.00 674197 22817 BORN AGAIN BODYWORKS May 3, 2018 $982.75 674198 28382 BR FROST COMPANY May 3, 2018 $32,800.00 674199 1249 BRANDCO May 3, 2018 $298.70 674200 19303 BRIGHT HOUSE NETWORKS May 3, 2018 $114.98 674201 29194 BRILLANTES, JAMES May 3, 2018 $180.00 674202 1271 BROCKS TRAILER May 3, 2018 $10,730.93 674203 685 BROWN AND FOWLER CONSTRUCTION May 3, 2018 $2,280.00 674204 24464 BROWN, CLAUDE May 3, 2018 $168.00 674205 10267 BUDGET BOLT INC May 3, 2018 $824.01 674206 1359 BUDS BRAKE & WHEEL PARTS May 3, 2018 $44.43 674207 29802 BULLOCK, JACQUELINE May 3, 2018 $168.00 674208 23090 BURTONS FIRE INC May 3, 2018 $3,632.95 674209 70281 CAL VALLEY EQUIPMENT INC May 3, 2018 $685.00 674210 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP May 3, 2018 $28,592.27 674211 26067 CARAHSOFT TECHNOLOGY CORP May 3, 2018 $22,626.88 674212 17239 CENTRAL VALLEY OCCUPATIONAL INC May 3, 2018 $147.38 674213 1888 CHAMPION HARDWARE May 3, 2018 $142.55 674214 2016 CLARK PEST CONTROL INC May 3, 2018 $48.00 674215 2050 CLIFFORD & BROWN May 3, 2018 $1,795.66 674216 2050 CLIFFORD & BROWN May 3, 2018 $13,522.50 674217 801 CLIFFORD & BROWN TRUST May 3, 2018 $27,162.50 674218 11167 COLES ENVIRONMENTAL May 3, 2018 $225.00 674219 27509 CONTRERAS, ANGEL May 3, 2018 $252.00 674220 15063 CPRS DISTRICT 15 May 3, 2018 $1,750.00 674221 2245 CROCKER JANITORIAL SUPPLY CO May 3, 2018 $758.26 674222 27218 CUMMINS PACIFIC LLC May 3, 2018 $1,503.61 674223 25337 DAVES FLEET MAINT & TOWING INC May 3, 2018 $35.00 674224 11271 DEPARTMENT OF TRANSPORTATION May 3, 2018 $14,217.16 674225 26913 DERO BIKE RACK CO May 3, 2018 $8,470.10 674226 29256 DEW ITZ, JEFF May 3, 2018 $189.00 674227 14723 DONNOE & ASSOCIATES INC May 3, 2018 $1,605.00 674228 2752 ELBERT DISTRIBUTING May 3, 2018 $20.50 674229 2811 ENTENMANN ROVIN CO May 3, 2018 $432.76 674230 23720 ERNEST PACKING SOLUTIONS INC May 3, 2018 $1,139.94 674231 16624 FASTENAL COMPANY May 3, 2018 $199.00 674232 2901 FEDEX May 3, 2018 $190.27 674233 19657 FIRST CHOICE SERVICES INC May 3, 2018 $399.94 674234 26311 FLOWERS, MARTY May 3, 2018 $84.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674235 3028 FLOYDS GENERAL STORE May 3, 2018 $410.00 674236 29238 FOX, PERRY May 3, 2018 $147.00 674237 29674 FRONTIER REAL ESTATE SERVICES INC May 3, 2018 $950.00 674238 13278 FS3 INC May 3, 2018 $10,878.35 674239 25786 G S E CONSTRUCTION CO INC May 3, 2018 $29,450.00 674240 15908 GAME TIME C/O GREAT WESTERN REC May 3, 2018 $253.02 674241 28064 GENERAL TREE SERVICE INC May 3, 2018 $27,367.00 674242 3450 GRANITE CONSTRUCTION INC May 3, 2018 $253,763.67 674243 29815 GRIMM, DAVID May 3, 2018 $90.00 674244 3537 GUNDLACH PLUMBING AIR GOND INC May 3, 2018 $160.52 674245 29803 GUTIERREZ ASSOCIATES May 3, 2018 $52,900.00 674246 162 HADDAD DODGE May 3, 2018 $1,823.78 674247 3593 HALL LETTER SHOP May 3, 2018 $2,207.10 674248 29760 HAYMOND, KEVIN May 3, 2018 $84.00 674249 26186 HUBER TECHNOLOGY INC May 3, 2018 $1,356.71 674250 29747 IBARRA, RAY May 3, 2018 $168.00 674251 28166 INFRASTRUCTURE ENGINEERING CORP May 3, 2018 $3,375.00 674252 70390 IPC USA INC May 3, 2018 $7,131.57 674253 24099 J GARCIA TRUCKING INC May 3, 2018 $3,900.00 674254 29748 JOHNSON, BRETT May 3, 2018 $84.00 674255 29811 JOHNSON, CHRISTOPHER May 3, 2018 $2,396.06 674256 18653 JONES, JAMES May 3, 2018 $500.00 674257 28989 K & I SERVICES INC May 3, 2018 $9,387.00 674258 4435 KERN COUNTY CLERKS May 3, 2018 $3,218.00 674259 4677 KERN REFUSE DISPOSAL, INC May 3, 2018 $1,384,810.81 674260 14219 L A GRINDING INC May 3, 2018 $115.00 674261 5133 LOOP ELECTRIC INC May 3, 2018 $15,738.47 674262 22263 M -B COMPANIES INC May 3, 2018 $1,014.66 674263 12095 MADDEN, CLAYTON May 3, 2018 $90.00 674264 28113 MADRIZ, PAUL May 3, 2018 $90.00 674265 29558 MAIER, ROLAND May 3, 2018 $25.00 674266 26124 MARANATHA LANDSCAPE INC May 3, 2018 $875.00 674267 18656 MATSON, JASON May 3, 2018 $90.00 674268 27874 MCNAMARA, BRANDON May 3, 2018 $90.00 674269 23496 MCWILLIAMS & WALDEN INC May 3, 2018 $2,976.22 674270 27825 MELENDEZ, DANNI May 3, 2018 $250.00 674271 19252 MEYER CIVIL ENGINEERING INC May 3, 2018 $449.80 674272 1316 MICHELIN NORTH AMERICA INC May 3, 2018 $12,607.37 674273 29732 MIRAMONTES, WILLIAM May 3, 2018 $125.00 674274 20733 MOBILE AG & INDUSTRIAL SUPPLY INC May 3, 2018 $94.44 674275 11200 MULLINS, JOSEPH May 3, 2018 $486.77 674276 5790 MUXLOW CONSTRUCTION May 3, 2018 $460.00 674277 29814 NATIONAL COMMUNITY DEVELOPMENT ASSO May 3, 2018 $650.00 674278 24309 NAVIGATORS PRINT & DESIGN, INC May 3, 2018 $393.61 674279 23732 NEW GENERATION GRAPHICS May 3, 2018 $664.95 674280 5912 NIXON-EGLI EQUIPMENT CO May 3, 2018 $145.75 674281 20361 NOSSAMAN LLP May 3, 2018 $10,997.49 674282 29773 NUNEZ, FERNANDO May 3, 2018 $84.00 674283 25953 NVB EQUIPMENT INC May 3, 2018 $276.36 674284 28687 NV5 INC May 3, 2018 $3,452.45 674285 20828 PARSONS TRANSPORTATION GROUP INC May 3, 2018 $765,210.73 674286 24029 PAYLESS TOWING May 3, 2018 $180.00 674287 6076 PB LOADER MANUFACTURING CO May 3, 2018 $106.40 674288 29817 PERKINS, CHRISTINA May 3, 2018 $250.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674289 29384 PETERSON PACIFIC CORPORATION May 3, 2018 $3,768.55 674290 29637 PINNACLE PETROLEUM INC May 3, 2018 $24,529.11 674291 24581 POPICHAK, MICHAEL May 3, 2018 $84.00 674292 29568 POTEETE, LINDY May 3, 2018 $90.00 674293 26997 PROVOST & PRITCHARD CONSULTING INC May 3, 2018 $445.00 674294 20229 QUALITY CODE PUBLISHING LLC May 3, 2018 $985.55 674295 6653 RAIN FOR RENT INC May 3, 2018 $135,861.29 674296 20713 RANDY'S TOWING May 3, 2018 $70.00 674297 3249 RAY GASKIN SERVICE INC May 3, 2018 $869.01 674298 28480 READY REFRESH May 3, 2018 $46.63 674299 26863 RIOS, RICHARD May 3, 2018 $340.00 674300 29257 RIVERA, FRANCISCO May 3, 2018 $168.00 674301 12699 ROCKMOUNT RESEARCH & ALLOYS INC May 3, 2018 $139.91 674302 14493 RODRIGUES, JOHN May 3, 2018 $90.00 674303 21050 RODRIGUEZ, GILBERT May 3, 2018 $290.00 674304 29633 RODRIGUEZ, MOISES May 3, 2018 $291.32 674305 23176 RR DONNELLEY CO INC May 3, 2018 $957.26 674306 17449 RRM DESIGN GROUP INC May 3, 2018 $689.00 674307 13860 RUETTGERS & SCHULER CIVIL ENG May 3, 2018 $3,700.00 674308 25787 SCOTT VALLEY BANK May 3, 2018 $1,550.00 674309 29729 SCREEN 2 CRUSH INC May 3, 2018 $15,015.00 674310 11566 SOIL CONTROL LAB INC May 3, 2018 $349.00 674311 22473 SOILS ENGINEERING INC May 3, 2018 $540.00 674312 23456 SORENSON,VERNON MD INC May 3, 2018 $273.74 674313 25502 SPARTAN TRUCK CO INC May 3, 2018 $951.77 674314 7719 SUBURBAN PROPANE May 3, 2018 $452.04 674315 28496 SUPPLYWORKS May 3, 2018 $145.60 674316 28163 SWITZER, PHILIP May 3, 2018 $168.00 674317 21158 TARGET SPECIALTY PRODUCTS May 3, 2018 $5,800.74 674318 29053 TATES JANITORIAL SERVICE May 3, 2018 $4,261.25 674319 7878 TELECOM LAW FIRM PC May 3, 2018 $120.00 674320 19961 THE HON COMPANY -C/O STINSONS May 3, 2018 $559.20 674321 14693 THE LIFEGUARD STORE May 3, 2018 $1,251.10 674322 23837 TPX COMMUNICATIONS May 3, 2018 $1,523.50 674323 18773 TRANE COMPANY INC May 3, 2018 $946.00 674324 21369 TRANS -WEST SECURITY INC May 3, 2018 $5,389.47 674325 96 TYACK TIRES INC May 3, 2018 $1,907.68 674326 15212 U.S. BEHAVIORAL HEALTH PLAN May 3, 2018 $1,134.98 674327 584 ULINE SHIPPING SUPPLY May 3, 2018 $802.31 674328 8319 UNITED PARCEL SERVICE May 3, 2018 $7.35 674329 12460 UNITED RENTALS NORTH AMERICA INC May 3, 2018 $1,645.94 674330 29744 VALVERDE, MICHAEL May 3, 2018 $84.00 674331 29816 VAN DYKE, JONATHAN May 3, 2018 $90.00 674332 28413 VAUGHN, BRADLEY May 3, 2018 $250.00 674333 5158 W M LYLES COMPANY May 3, 2018 $2,904,732.35 674334 14647 WAXIE SANITARY SUPPLY INC May 3, 2018 $812.39 674335 26447 WESTCOAST HYDRAULICS May 3, 2018 $120.84 674336 26336 WHITE, GARY May 3, 2018 $252.00 674337 26337 WHITE, WILLIAM May 3, 2018 $84.00 674338 9015 WILLIAMS, DANIEL May 3, 2018 $25.00 674339 25542 WOLFE, RONALD May 3, 2018 $25.00 674340 29642 WSP USA INC May 3, 2018 $171,270.27 674341 9244 ZEP MANUFACTURING COMPANY May 3, 2018 $112.96 674342 25879 ZOOM IMAGING SOLUTIONS, INC. May 3, 2018 $327.69 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 57 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674343 70001 A C ELECTRIC COMPANY May 3, 2018 $270,510.13 674344 537 AT&T May 3, 2018 $376.51 674345 20606 A T & T MOBILITY May 3, 2018 $3,154.11 674348 78 ADVANCED DISTRIBUTION CO May 3, 2018 $6,925.67 674349 12516 AIMS May 3, 2018 $24.64 674354 1696 CALIFORNIA WATER SERVICE May 3, 2018 $57,713.97 674357 11937 CITY OF BAKERSFIELD May 3, 2018 $241.00 674358 17023 CITY OF BAKERSFIELD May 3, 2018 $6,507.00 674359 29805 COLLINS, LEBRYSON May 3, 2018 $500.00 674360 29805 COLLINS, LEBRYSON May 3, 2018 $760.00 674361 2214 COUNTY OF KERN May 3, 2018 $50.00 674363 3358 GILLIAM & SONS INC May 3, 2018 $47,415.00 674364 3450 GRANITE CONSTRUCTION INC May 3, 2018 $80,511.55 674365 147 JIM ALFTER CEMENT CONTRACTOR May 3, 2018 $375.00 674366 17648 MASTER GRAPHICS May 3, 2018 $5,287.43 674367 23777 NATIONAL FISH & WILDLIFE FOUNDATION May 3, 2018 $52,900.00 674368 6114 PACIFIC GAS & ELECTRIC COMPANY May 3, 2018 $5,664.36 674369 26877 PRADO OLYMPIC SHOOTING PARK May 3, 2018 $150.00 674370 29809 SALERNO, JUSTIN May 3, 2018 $1,370.00 674371 29808 SANDERS, MARSHALLS May 3, 2018 $1,260.00 674372 29807 STEWART, VICKI ANN May 3, 2018 $870.00 674373 29807 STEWART, VICKI ANN May 3, 2018 $500.00 674374 29582 STOCKBRIDGE GENERAL CONTRACTING May 3, 2018 $9,000.00 674375 26512 WEI KOO May 3, 2018 $2,709.41 674376 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $316.00 674377 70418 ANTHONY, CHRIS May 4, 2018 $0.00 674378 70249 BAKERSFIELD PLUMBING CO INC May 4, 2018 $400.00 674379 24706 CAPILLA, PATRICK May 4, 2018 $125.00 674380 27503 CASTILLO, RAMON May 4, 2018 $125.00 674381 28994 CENTRAL VALLEY ENVIRONMENTAL May 4, 2018 $8,250.00 674382 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $116.00 674383 70019 COLOMBO CONSTRUCTION CO INC May 4, 2018 $13,343.00 674384 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $196.00 674385 27006 CURIEL, DAVID May 4, 2018 $125.00 674386 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $32.00 674387 2553 EMPLOYMENT DEVELOPMENT DEPT May 4, 2018 $4,856.29 674388 10047 MISC RECEIVABLE REFUND VENDOR May 4, 2018 $161.25 674389 308 GARDENERS SUPPLY INC May 4, 2018 $132.45 674390 3403 GOLDEN STATE PETERBILT May 4, 2018 $4,612.05 674391 24139 GUTIERREZ TIRE & WHEEL INC May 4, 2018 $70.00 674392 3593 HALL LETTER SHOP May 4, 2018 $2,867.80 674393 3660 HARBOR FREIGHT TOOLS May 4, 2018 $198.89 674394 4089 J & E RESTAURANT SUPPLY INC May 4, 2018 $1,331.45 674395 4243 JORGENSEN & CO May 4, 2018 $252.67 674396 4435 KERN COUNTY CLERKS May 4, 2018 $350.00 674397 4581 KERN ELECTRIC DISTRIBUTORS May 4, 2018 $2,389.95 674398 7492 KERN MACHINERY INC May 4, 2018 $505.86 674399 4680 KERN RIVER POWER EQUIPMENT INC May 4, 2018 $445.68 674400 4861 KISCO SALES INC May 4, 2018 $605.73 674401 26048 LENNAR FRESNO INC May 4, 2018 $200.00 674402 70056 MCINTOSH & ASSOCIATES May 4, 2018 $400.00 674403 27895 MENEES,MIKE May 4, 2018 $125.00 674404 28366 MINOR, TYLER May 4, 2018 $221.65 674405 5547 MINUTEMAN PRESS May 4, 2018 $611.74 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674406 5688 MOTION INDUSTRIES INC May 4, 2018 $1,839.95 674407 24279 O'REILLY AUTO PARTS May 4, 2018 $98.83 674408 6448 P T O SALES CORP / TRUCKPRO LLC May 4, 2018 $181.21 674409 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $188.95 674410 13209 PARKHOUSE TIRE INC May 4, 2018 $852.14 674411 6376 PIONEER PAINT May 4, 2018 $4,511.17 674412 178 PRAXAIR DISTRIBUTION INC May 4, 2018 $1,523.85 674413 6682 RAYMONDS TROPHY AND AWARDS May 4, 2018 $95.40 674414 6727 REFRIGERATION SUPPLIES DIST. INC May 4, 2018 $877.58 674415 17149 RIOS, JESUS May 4, 2018 $125.00 674416 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $200.00 674417 6915 ROUND -UP FEED AND PET SUPPLY May 4, 2018 $307.75 674418 21418 SANTANA, ADRIAN PEREZ May 4, 2018 $125.00 674419 70004 SIERRA CONSTRUCTION May 4, 2018 $400.00 674420 20816 SIMMONS CONSTRUCTION May 4, 2018 $548.00 674421 28920 SIMS, RONALD May 4, 2018 $136.50 674422 7434 SMART & FINAL IRIS COMPANY May 4, 2018 $2,714.51 674423 20817 SOUTHERN VALLEY CONCRETE May 4, 2018 $400.00 674424 29365 STONE, ROSA May 4, 2018 $71.50 674425 26024 SUMMIT CAPITAL VENTURES LLC May 4, 2018 $319,058.10 674426 70417 SUPERIOR CONSTRUCTION INC May 4, 2018 $2,056.00 674427 70266 T & T TRUCK & CRANE SERVICE May 4, 2018 $500.00 674428 7999 THREE-WAY CHEVROLET May 4, 2018 $167.11 674429 70401 TURNER TRANS LIFT INC May 4, 2018 $500.00 674430 28829 VASQUEZ, ROSARIO May 4, 2018 $58.50 674431 70031 WALLACE & SMITH CONTRACTORS May 4, 2018 $600.00 674432 28739 WESTAIR GASES & EQUIPMENT INC May 4, 2018 $137.82 674433 21212 WHITE CAP CONSTRUCTION SUPPLY May 4, 2018 $1,802.14 674435 3427 GRAINGER INC, W W May 4, 2018 $946.14 674436 10037 MISCELLANEOUS TRUST VENDOR May 4, 2018 $416.00 674438 7933 HOME DEPOT May 4, 2018 $1,946.79 674439 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $27.56 674440 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $19.07 674441 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $27.55 674442 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $65.44 674443 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $22.19 674444 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $82.56 674445 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $27.56 674446 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $22.19 674447 4570 KCTTC - JORDAN KAUFMAN May 4, 2018 $77.81 674448 10196 KERN COUNTY D A'S OFFICE May 4, 2018 $1,561.00 674451 4740 KERN TURF SUPPLY May 4, 2018 $4,899.79 674454 15624 LOWE'S HOME IMPROVEMENT May 4, 2018 $2,134.66 674455 6114 PACIFIC GAS & ELECTRIC COMPANY May 4, 2018 $144,651.01 674457 96 TYACK TIRES INC May 4, 2018 $2,029.16 674461 10428 UNITED REFRIGERATION INC May 4, 2018 $1,611.37 674462 10204 ASSOCIATION BKFD POLICE OFFICER FCU May 4, 2018 $14,590.40 674463 10211 BAKERSFIELD FIREMEN May 4, 2018 $9,655.05 674464 10200 BAKERSFIELD FIREMEN RELIEF ASS May 4, 2018 $8,313.05 674465 10203 BAKERSFIELD POLICE BENEFIT May 4, 2018 $25,883.07 674466 10205 MUTUAL BENEFIT ASSOCIATION May 4, 2018 $2,041.09 674467 26810 RELIASTAR LIFE INSURANCE CO May 4, 2018 $1,854.43 674468 22324 SEIU LOCAL 521 May 4, 2018 $20,557.14 674469 29712 AGUILAR, MATTHEW May 10, 2018 $180.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674470 12516 AIMS May 10, 2018 $35,459.83 674471 24462 ALIANZA RECYCLING & RECOVERY LLC May 10, 2018 $327.35 674472 20182 ALON ASPHALT BAKERSFIELD INC May 10, 2018 $5,465.43 674473 29827 AMS LEGAL SUPPORT SERVICES INC May 10, 2018 $125.00 674474 1049 APPLIED LNG TECHNOLOGIES LLC May 10, 2018 $4,296.52 674475 20521 ARIES INDUSTRIES INC May 10, 2018 $2,301.31 674476 22588 ARROWHEAD FORENSICS May 10, 2018 $859.86 674477 536 AVERY ASSOCIATES May 10, 2018 $3,150.00 674478 240 B & G MACHINE & WELDING May 10, 2018 $360.36 674479 652 B A C S CO May 10, 2018 $68.64 674480 13544 BAKERSFIELD ARC May 10, 2018 $113.75 674481 675 BAKERSFIELD CALIFORNIAN May 10, 2018 $521.86 674482 10320 BAKERSFIELD HOMELESS CENTER May 10, 2018 $20,506.97 674483 971 BAKERSFIELD PLUMBING CO INC May 10, 2018 $614.61 674484 841 BAKERSFIELD RUBBER STAMP CO May 10, 2018 $57.92 674485 857 BAKERSFIELD S P C A May 10, 2018 $70,000.00 674486 850 BAKERSFIELD SENIOR CENTER May 10, 2018 $10,063.20 674487 877 BAKERSFIELD WELL & PUMP May 10, 2018 $12,549.09 674488 945 BARNETT'S TOWING SERVICE INC May 10, 2018 $35.00 674489 27564 BARRERA, ROSA May 10, 2018 $154.78 674490 28231 BIG BRAND TIRE & SERVICE May 10, 2018 $60.00 674491 23444 BILLINGSLEY, MATTHEW May 10, 2018 $275.00 674492 21172 BLACKHOLE TECHNOLOGIES INC May 10, 2018 $665.24 674493 18692 BOUND TREE MEDICAL LLC May 10, 2018 $728.96 674494 19303 BRIGHT HOUSE NETWORKS May 10, 2018 $114.98 674495 1271 BROCKS TRAILER May 10, 2018 $24,686.86 674496 24464 BROWN, CLAUDE May 10, 2018 $147.00 674497 10267 BUDGET BOLT INC May 10, 2018 $294.37 674498 23090 BURTONS FIRE INC May 10, 2018 $2,241.77 674499 1477 CAL VALLEY EQUIPMENT INC May 10, 2018 $1,063.52 674500 29375 CALIFORNIA CONSULTING LLC May 10, 2018 $8,000.00 674501 1695 CALIFORNIA WATER SERVICE CO May 10, 2018 $37,020.63 674502 27074 CEN -CAL CONSTRUCTION INC May 10, 2018 $2,767.33 674503 17239 CENTRAL VALLEY OCCUPATIONAL INC May 10, 2018 $3,850.29 674504 1888 CHAMPION HARDWARE May 10, 2018 $365.46 674505 23786 CHART INDUSTRIES May 10, 2018 $688.45 674506 1924 CHESTER AVENUE BRAKE & SUPPLY May 10, 2018 $83.45 674507 27566 CITYSOURCED INC May 10, 2018 $22,000.00 674508 28762 COFFEY MGT LLC May 10, 2018 $4,360.67 674509 27509 CONTRERAS, ANGEL May 10, 2018 $231.00 674510 12532 COUNTY OF KERN INFORMATION May 10, 2018 $24,000.00 674511 2249 CREATIVE CONCEPTS INC May 10, 2018 $1,235.78 674512 2245 CROCKER JANITORIAL SUPPLY CO May 10, 2018 $437.58 674513 22670 CROSSTOWN ELECTRICAL & DATA May 10, 2018 $1,474.69 674514 28532 CRYE PRECISION LLC May 10, 2018 $16,145.10 674515 27296 D & D DISPOSAL INC May 10, 2018 $880.00 674516 25337 DAVES FLEET MAINT & TOWING INC May 10, 2018 $35.00 674517 4140 DAVID JANES COMPANY May 10, 2018 $91.29 674518 13970 DELL MARKETING L P May 10, 2018 $151,465.83 674519 29256 DEWITZ, JEFF May 10, 2018 $126.00 674520 27813 DIAZ, JOSE I May 10, 2018 $520.00 674521 16511 EAN SERVICES LLC May 10, 2018 $63.27 674522 2726 ECONOLITE CONTROL PRODUCTS INC May 10, 2018 $26,726.70 674523 2752 ELBERT DISTRIBUTING May 10, 2018 $60.49 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674524 28725 ELITE SIGNS AND PROMOTIONS May 10, 2018 $200.00 674525 2811 ENTENMANN ROVIN CO May 10, 2018 $4,254.64 674526 23720 ERNEST PACKING SOLUTIONS INC May 10, 2018 $1,139.94 674527 15252 FIDLER, NICK May 10, 2018 $57.00 674528 19657 FIRST CHOICE SERVICES INC May 10, 2018 $567.21 674529 25339 FLEET SERVICES TOWING INC May 10, 2018 $35.00 674530 26311 FLOWERS, MARTY May 10, 2018 $63.00 674531 3028 FLOYDS GENERAL STORE May 10, 2018 $56.43 674532 22966 FORENSIC NURSE SPECIALISTS INC May 10, 2018 $6,500.00 674533 19591 FORK LIFT SPECIALTIES INC May 10, 2018 $240.35 674534 29238 FOX, PERRY May 10, 2018 $147.00 674535 29824 FREDS BARBECUE FACTORY May 10, 2018 $416.66 674536 29826 FWD MG INC May 10, 2018 $180.18 674537 28064 GENERAL TREE SERVICE INC May 10, 2018 $38,283.00 674538 18722 GLOBALSTAR USA INC May 10, 2018 $86.84 674539 3450 GRANITE CONSTRUCTION INC May 10, 2018 $27,730.50 674540 24247 GREGS PETROLEUM SERVICES INC May 10, 2018 $692.87 674541 70410 GREGS PETROLEUM SERVICES INC May 10, 2018 $425.25 674542 22029 GREWAL, NAVDIP May 10, 2018 $45.00 674543 24693 GRUBBS, JOSH May 10, 2018 $147.00 674544 3571 H & S HOSE & SUPPLY INC May 10, 2018 $176.58 674545 28943 HASKINS, MARCELA May 10, 2018 $5.63 674546 19201 HERNANDEZ, THOMAS May 10, 2018 $119.78 674547 29747 IBARRA, RAY May 10, 2018 $63.00 674548 25973 INNOVYZE INC May 10, 2018 $1,500.00 674549 19632 INSIGHT ENVIRONMENTAL CONSULTANTS May 10, 2018 $271.25 674550 70390 IPC USA INC May 10, 2018 $25,190.10 674551 28894 JAMAR, TREY May 10, 2018 $675.00 674552 28917 JAN -PRO CLEANING SYSTEMS May 10, 2018 $1,365.00 674553 29699 JUSTIN CHRISTENSEN CONST & CLEANUP May 10, 2018 $244.00 674554 28989 K & I SERVICES INC May 10, 2018 $1,788.00 674555 19554 K & R TOWING May 10, 2018 $105.00 674556 4550 K C S O S May 10, 2018 $8,306.65 674557 26044 KENNEDY, AARON May 10, 2018 $109.27 674558 4500 KERN COUNTY FIRE DEPARTMENT May 10, 2018 $75,827.94 674559 19570 KERN COUNTY RECORDER May 10, 2018 $31.00 674560 4677 KERN REFUSE DISPOSAL, INC May 10, 2018 $5,150.00 674561 4740 KERN TURF SUPPLY May 10, 2018 $9,911.24 674562 23434 KINNEY, STEVEN P May 10, 2018 $585.00 674563 28128 KITCHEN, JACQUELYN May 10, 2018 $670.50 674564 4277 KME FIRE APPARATUS May 10, 2018 $274.98 674565 4875 KNIGHTS PUMPING & PORTABLE SVC INC May 10, 2018 $342.56 674566 17229 L C ACTION SUPPLY INC May 10, 2018 $314.54 674567 22408 LEHR AUTO ELECTRIC May 10, 2018 $511,289.93 674568 28755 LEVEL 3 COMMUNICATIONS LLC May 10, 2018 $1,337.72 674569 24004 LEWIS TOWING 2 INC May 10, 2018 $60.00 674570 1030 LEXISNEXIS MATTHEW BENDER & CO May 10, 2018 $606.95 674571 12095 MADDEN, CLAYTON May 10, 2018 $20.00 674572 5217 MADLAND TOYOTA LIFT INC May 10, 2018 $619.15 674573 18656 MATSON, JASON May 10, 2018 $50.00 674574 16016 MCINTOSH & ASSOCIATES May 10, 2018 $4,338.80 674575 23496 MCWILLIAMS & WALDEN INC May 10, 2018 $2,344.33 674576 29767 MCWILLIAMS, AARON May 10, 2018 $45.00 674577 25190 MEMORIAL OCCUPATIONAL MEDICINE May 10, 2018 $2,316.59 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 61 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674578 14119 METRO RECORD STORAGE INC May 10, 2018 $26.00 674579 19252 MEYER CIVIL ENGINEERING INC May 10, 2018 $1,146.50 674580 24077 MICHEL AUTO TECH May 10, 2018 $237.00 674581 1316 MICHELIN NORTH AMERICA INC May 10, 2018 $271.94 674582 20733 MOBILE AG & INDUSTRIAL SUPPLY INC May 10, 2018 $764.75 674583 27827 MORENO, JOHNNY May 10, 2018 $520.00 674584 5681 MOSS, ROBERT B JR May 10, 2018 $372.23 674585 29670 MRV AIR SERVICE INC May 10, 2018 $2,150.00 674586 5783 MUSCO SPORTS LIGHTING LLC May 10, 2018 $339,692.93 674587 25752 NISHIKAWA PROPERTY MAINTENANCE INC May 10, 2018 $9,309.00 674588 5912 NIXON-EGLI EQUIPMENT CO May 10, 2018 $277.85 674589 15651 NSI SOLUTIONS INC May 10, 2018 $202.00 674590 29773 NUNEZ, FERNANDO May 10, 2018 $63.00 674591 28687 NV5 INC May 10, 2018 $38,512.83 674592 3910 O'CONNOR PEST CONTROL May 10, 2018 $295.00 674593 29385 OCCUPATIONAL SAFETY TRAINING SYS May 10, 2018 $1,750.00 674594 10361 OPEN & SHUT ENTERPRISES May 10, 2018 $85.00 674595 27441 OROZCO, JUAN May 10, 2018 $1,864.00 674596 28402 PACE, BRIANNA May 10, 2018 $520.00 674597 14088 PACIFIC GAS & ELECTRIC May 10, 2018 $2,553.87 674598 20446 PAPE MACHINERY INC May 10, 2018 $786.84 674599 13209 PARKHOUSE TIRE INC May 10, 2018 $995.10 674600 23120 PARSAM CONSTRUCTION INC May 10, 2018 $85,800.00 674601 20828 PARSONS TRANSPORTATION GROUP INC May 10, 2018 $6,239.79 674602 29336 PATRICK, MATTHEW May 10, 2018 $607.50 674603 24029 PAYLESS TOWING May 10, 2018 $70.00 674604 11272 PEOPLE FACTS LLC May 10, 2018 $21.67 674605 25424 PET WASTE ELIMINATOR May 10, 2018 $1,550.99 674606 29384 PETERSON PACIFIC CORPORATION May 10, 2018 $2,616.03 674607 29637 PINNACLE PETROLEUM INC May 10, 2018 $27,284.85 674608 6376 PIONEER PAINT May 10, 2018 $332.99 674609 22339 PLANETBIDS, INC May 10, 2018 $9,475.00 674610 24581 POPICHAK, MICHAEL May 10, 2018 $63.00 674611 27911 PORTERVILLE FORD May 10, 2018 $483.10 674612 28567 PRESORT CENTER OF FRESNO LLC May 10, 2018 $828.94 674613 29830 PRIEST, ZACHARY May 10, 2018 $1,215.00 674614 29822 PUBLIC TECHNOLOGY INSTITUTE May 10, 2018 $3,400.00 674615 29734 QUANTUM QUALITY CONSULTING INC May 10, 2018 $25,247.50 674616 25313 R & A UPHOLSTERY May 10, 2018 $1,150.00 674617 20713 RANDY'S TOWING May 10, 2018 $120.00 674618 27403 RAPID RECOVERY May 10, 2018 $382.00 674619 6682 RAYMONDS TROPHY AND AWARDS May 10, 2018 $95.40 674620 28480 READY REFRESH May 10, 2018 $79.67 674621 22608 REED, KATIE May 10, 2018 $119.84 674622 24583 RESCUE DIRECT May 10, 2018 $5,380.73 674623 28837 RICHARDS CRANE SERVICE LLC May 10, 2018 $380.00 674624 29257 RIVERA, FRANCISCO May 10, 2018 $210.00 674625 29547 ROBLES, RICHARD May 10, 2018 $520.00 674626 29825 RP RETURNS May 10, 2018 $150.00 674627 13860 RUETTGERS & SCHULER CIVIL ENG May 10, 2018 $28,777.50 674628 25787 SCOTT VALLEY BANK May 10, 2018 $3,325.50 674629 29823 SHEPOWER PINK GALA SUPPORT May 10, 2018 $250.00 674630 26203 SIERRA CONST & EXCAVATION INC May 10, 2018 $58,463.14 674631 25246 SIGLER INC May 10, 2018 $1,044.98 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674632 23816 SIT ON IT C/O SIERRA SCHOOL EQ CO May 10, 2018 $296.52 674633 22473 SOILS ENGINEERING INC May 10, 2018 $6,000.00 674634 23456 SORENSON,VERNON MD INC May 10, 2018 $151.00 674635 11907 SPARKLETTS/SIERRA SPRINGS May 10, 2018 $883.78 674636 25140 SPECIAL SERVICES GROUP LLC May 10, 2018 $1,200.00 674637 22147 STANTEC CONSULTING SERVICES INC May 10, 2018 $7,060.25 674638 28496 SUPPLYWORKS May 10, 2018 $3,970.01 674639 28163 SWITZER, PHILIP May 10, 2018 $147.00 674640 29709 TALLEY, KEVIN May 10, 2018 $600.00 674641 21158 TARGET SPECIALTY PRODUCTS May 10, 2018 $17,450.22 674642 276 TAYLOR EQUIPMENT & REPAIR, INC May 10, 2018 $2,145.79 674643 29738 TEICHERT PIPELINES INC May 10, 2018 $11,340.00 674644 25338 TEN EIGHT TOW INC May 10, 2018 $70.00 674645 7999 THREE-WAY CHEVROLET May 10, 2018 $20,481.75 674646 22218 TOPETE, LUIS May 10, 2018 $90.00 674647 28740 TRINITY TOOL CO May 10, 2018 $94.44 674648 29008 TRITECH SOFTWARE SYSTEMS May 10, 2018 $3,769.50 674649 96 TYACK TIRES INC May 10, 2018 $5,895.13 674650 28411 TYO, ROBERT May 10, 2018 $520.00 674651 27786 UNION BANK TRUST DEPT -FEES May 10, 2018 $875.00 674652 8319 UNITED PARCEL SERVICE May 10, 2018 $73.77 674653 10428 UNITED REFRIGERATION INC May 10, 2018 $228.74 674654 8391 URNERS APPLIANCE CENTER May 10, 2018 $419.81 674655 21513 USABLUEBOOK May 10, 2018 $1,795.97 674656 27086 VALENTI, MARY May 10, 2018 $4,000.00 674657 29744 VALVERDE, MICHAEL May 10, 2018 $63.00 674658 29636 VENTURI ENTERPRISES INC May 10, 2018 $2,355.00 674659 8400 VWR SCIENTIFIC May 10, 2018 $1,504.76 674660 5158 W M LYLES COMPANY May 10, 2018 $3,268.21 674661 28739 WESTAIR GASES & EQUIPMENT INC May 10, 2018 $32.60 674662 26447 WESTCOAST HYDRAULICS May 10, 2018 $4,015.82 674663 21212 WHITE CAP CONSTRUCTION SUPPLY May 10, 2018 $1,086.93 674664 26336 WHITE, GARY May 10, 2018 $273.00 674665 16104 WILLIAMS SCOTSMAN INC May 10, 2018 $8,181.34 674666 15824 WILSON, ROBERT May 10, 2018 $49.21 674667 13371 WIMBISH, RICK May 10, 2018 $403.54 674668 11063 ZARAGOZA, MARISELA May 10, 2018 $106.28 674669 17690 ZONES May 10, 2018 $440.60 674670 28860 AT&T May 10, 2018 $14,784.71 674672 78 ADVANCED DISTRIBUTION CO May 10, 2018 $22,628.32 674673 12516 AIMS May 10, 2018 $196.44 674674 290 AMERICAN PUBLIC WORKS ASSN May 10, 2018 $196.00 674675 10351 BOWMAN ASPHALT May 10, 2018 $177,197.40 674676 29527 CALIFORNIA PROFESSIONAL ENGINEERING May 10, 2018 $146,750.00 674679 1696 CALIFORNIA WATER SERVICE May 10, 2018 $32,629.65 674680 10914 CITY OF BAKERSFIELD May 10, 2018 $780.86 674681 11937 CITY OF BAKERSFIELD May 10, 2018 $485.86 674682 2714 EAST NILES COMMUNITY SERVICES May 10, 2018 $2,034.48 674684 2901 FEDEX May 10, 2018 $190.13 674685 25786 G S E CONSTRUCTION CO INC May 10, 2018 $63,184.50 674687 3358 GILLIAM & SONS INC May 10, 2018 $149,363.10 674689 3450 GRANITE CONSTRUCTION INC May 10, 2018 $88,546.84 674690 29581 HIGH VOLT ELECTRIC May 10, 2018 $142,057.93 674691 147 JIM ALFTER CEMENT CONTRACTOR May 10, 2018 $133,487.70 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 63 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 4/27/2018 to 5/10/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 674692 29813 LEW EDWARDS GROUP, THE May 10, 2018 $3,000.00 674693 6114 PACIFIC GAS & ELECTRIC COMPANY May 10, 2018 $1,574.68 674694 7509 SOCALGAS May 10, 2018 $394.39 674695 7508 SOUTHERN CALIFORNIA EDISON CO. May 10, 2018 $406.01 674696 7636 STATE WATER RESOURCES CONTROL BOARD May 10, 2018 $150.00 674701 20601 VERIZON WIRELESS May 10, 2018 $11,357.65 674702 20601 VERIZON WIRELESS May 10, 2018 $1,648.84 674703 20601 VERIZON WIRELESS May 10, 2018 $673.48 674704 8773 WALL STREET JOURNAL, THE May 10, 2018 $539.34 674705 30002 MEDICAL EYE SERVICE COMPANY May 10, 2018 $5,073.22 674706 26810 RELIASTAR LIFE INSURANCE CO May 10, 2018 $3,712.55 674707 30027 U S BANK - PARS #6746022400 May 10, 2018 $3,335.45 674708 30029 UNITED CONCORDIA DENTAL PLANS OF CA May 10, 2018 $48,016.80 674709 30020 UNUM May 10, 2018 $5,107.05 9994291 30028 BLUE SHIELD OF CALIFORNIA Apr 27, 2018 $532,395.59 9994292 30021 KAISER PERMANENTE Apr 27, 2018 $215,618.04 9994293 30022 IRS ( FDRF Apr 30, 2018 $191.00 9994294 25603 BANK OF AMERICA May 3, 2018 $169,663.43 9994295 30025 STATE DISBURSEMENT UNIT May 3, 2018 $20,229.72 9994296 11811 WELLS FARGO BANK May 3, 2018 $57,669.65 9994297 10199 BAKERSFIELD CITY EMPLOYEE May 4, 2018 $191,293.00 9994298 24821 DEPARTMENT OF THE TREASURY May 4, 2018 $971.48 9994299 30014 EMPLOYMENT DEVELOPMENT DEPT May 4, 2018 $179,189.63 9994300 10217 1 C M A RETIREMENT TRUST -303749 May 4, 2018 $53,529.12 9994301 30010 IRS May 4, 2018 $514,373.16 9994302 16863 NATIONWIDE RETIREMENT SOLUTIONS May 4, 2018 $113,206.75 9994303 20699 VANTAGEPOINT TRANSFER AGENTS C/O May 4, 2018 $33,821.96 9994304 30014 EMPLOYMENT DEVELOPMENT DEPT May 10, 2018 $3,192.29 9994305 10206 STATE OF CALIF - PERS May 10, 2018 $897,264.50 9994306 11811 WELLS FARGO BANK May 10, 2018 $87,642.00 $15,095,548.67 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2 05123:Z111-8 CC AGENDA PACKET PG 64 5/11/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/27/2018 to 5/10/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 15326 57 ABATE A WEED May 3, 2018 $35.60 15327 29 AFFINITY TRUCK CENTER May 3, 2018 $6,236.07 15328 8530 AMERIPRIDE UNIFORM SERVICES May 3, 2018 $5,010.92 15329 18753 BRIDGEPORT TRUCK MANUFACTURING May 3, 2018 $11,991.88 15330 21873 RM INDUSTRIES INC May 3, 2018 $2,637.53 15355 18263 HUB CONSTRUCTION SPECIALTIES INC May 4, 2018 $894.08 15356 1390 JIM BURKE FORD May 4, 2018 $2,112.24 15357 4178 JIM BURKE LINCOLN MERCURY May 4, 2018 $902.27 15366 57 ABATE A WEED May 10, 2018 $1,426.40 15367 29 AFFINITY TRUCK CENTER May 10, 2018 $1,175.31 15368 27366 AMERICAN MESSAGING May 10, 2018 $192.23 15369 8530 AMERIPRIDE UNIFORM SERVICES May 10, 2018 $8,351.24 15370 18753 BRIDGEPORT TRUCK MANUFACTURING May 10, 2018 $1,249.30 15371 1390 JIM BURKE FORD May 10, 2018 $5,768.02 15372 24086 MAR -CO EQUIPMENT CORP May 10, 2018 $422.72 15373 6205 PAVEMENT RECYCLING SYSTEMS INC May 10, 2018 $92,590.00 140,995.81 15,236,544.48 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\05 - MAY 2C 0512311-8 CC A GENDACKET ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Resolutions c. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 4/10/2018 WARD: Ward (s) 2, 3, 4, 5, 6, 7 SUBJECT: Resolution authorizing the Water Resources Manager to apply for the Water and Energy Efficiency WaterSMART Program administered by the United States Bureau of Reclamation for a SCADA project. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The United States Bureau of Reclamation announced a 50 percent cost sharing funding opportunity (BOR -DO -18-F006) that allows water entities to undertake projects that result in quantifiable and sustained water savings and support broader water reliability benefits. One such water conservation project eligible under this grant includes Supervisory Control and Data Acquisition (SCADA). SCADA systems provide real-time continuous monitoring of river water flows and allows for data to be archived. This project would install SCADA at approximately 20 points along the Kern River, which would result in water savings provided by improving the City's water delivery system operational efficiency to reduce spills, over -deliveries, and seepage. This would allow for remote monitoring of irrigation delivery system conditions (flow rates, water elevations, control device openings, etc.). Furthermore, it should be noted that a state mandate (SB 88) requires SCADA installation by the end of calendar year 2020. The estimated cost of this proposed project is $1,450,000. The requested funding through the grant is $725,000. With a 50 percent matching requirement for this grant, the City's portion of this project would be $725,000. The funding source for the City's share would be the Agriculture Enterprise Fund. Approval of a resolution is required as part of the grant application process. Staff recommends the City Council adopt the resolution to authorize staff to submit the necessary application and documents for the SCADA project. Applicants will be notified of projects selected for award in August 2018. There will be no General Fund associated with this grant application. F-11 i all M I ��i 14 Ll k &I Description ReSdUdOlrl Type Resokltblrl RESOLUTION NO. RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, AUTHORIZING THE WATER RESOURCES MANAGER TO APPLY FOR GRANT FUNDS FROM THE WATER AND ENERGY EFFICIENCY WATERSMART PROGRAM ADMINISTERED BY THE UNITED STATES BUREAU OF RECLAMATION FOR A SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) PROJECT. WHEREAS, Title XVI Water Reclamation and Reuse funding applications require an adoption of a resolution by the governing legal authority of the applicant; and WHEREAS, the Council of the City of Bakersfield desires consideration of its application for Funding Opportunity Announcement No. BOR -DO -18-F006; and WHEREAS, the City of Bakersfield, if selected, will enter into an agreement with the Bureau of Reclamation for the proposed project; and WHEREAS, the City certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference. 2. The City Council has the legal authority to enter into a cooperative agreement with the Bureau of Reclamation. 3. The City Council and appropriate City staff have reviewed and support the application submitted. 4. The City Council certifies that City of Bakersfield will have sufficient funds and/or in-kind contributions as specified in the application funding plan. 5. The City Council certifies that, if selected, City of Bakersfield will work with the Bureau of Reclamation to meet established deadlines for entering into a cooperative agreement. -- Page 1 of 2 Pages -- 05123118 CC A GENDA PA CKET PG 68 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages 05123118CCAGENDAPACKETPG 69 i ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Resolutions d. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 4/30/2018 111-11 V 03 SUBJECT: Resolution determining that Bioxide@, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $900,000. Staff recommends adoption of the resolution. BACKGROUND: Some areas of southwest, northwest, and northeast Bakersfield experience periodic odor problems from the sewer trunk lines; thus, creating a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies and can be punishable by a fine. The City has previously received a warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine by the District. Bioxide@ has proven itself to be compatible with the City wastewater secondary treatment process, environmentally sound, and consistently alleviates odors that are subject to fines by the District. Due to the proprietary nature of Bioxide@ and the need to continually inject Bioxide@ to control odors in the sewer trunk lines, City staff recommends adoption of the resolution to dispense with bidding for Bioxide@ and authorizes the purchase of Bioxide@ from the sole supplier, Evoqua Water Technologies LLC on a continuing basis in amounts that meets the City's requirements, not to exceed $900,000. If at any time it is determined that other products or more effective products are available, City staff will re-evaluate the sole source designation of Bioxide@ and will seek competitive pricing to ensure the best interests of the City are met. Funds are available in the Wastewater Enterprise Fund for this purchase; therefore, there is no General Fund impact. F-11 i all M I ��i 14 Ll k &I Description ReSdUdOlrl Type Resokltblrl RESOLUTION NO. A RESOLUTION DETERMINING THAT BIOXIDE, A CHEMICAL FOR SEWER ODOR CONTROL AND REDUCTION OF SULFIDE GAS LEVELS, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, FOR A PERIOD OF ONE YEAR NOT TO EXCEED $900,000. WHEREAS, some areas of southwest, northwest and northeast Bakersfield were experiencing continuous odor problems from the Sewer Trunk Lines, which led to a finding of high levels of sulfide gas in the sewer system; WHEREAS, nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine; and WHEREAS, the City was warned by the District to alleviate the nuisance odors and reduce the high levels of sulfide gas within the sewer system or face a fine; and WHEREAS, in the late 1990s, the Public Works Engineering Department contracted with John Carollo Engineers to establish an odor alleviation program, which recommended the continuous injection of Bioxide; and WHEREAS, only Bioxide was determined to be effective in controlling odors in the City's sewer system; and WHEREAS, Bioxide is a proprietary product, manufactured and distributed by Evoqua Water Technologies LLC and is therefore a sole source product; and WHEREAS, the Finance Director has determined and has recommended the Council find, that the purchase of Bioxide can only be reasonably obtained from one vendor, Evoqua Water Technologies LLC, because of restricted availability due to patent restrictions and has recommended that this Council authorize dispensing with bidding requirements in accordance with subsection D.1 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Bioxide, to be used for odor control within the sewer trunk lines, can only be reasonably obtained from one vendor (Evoqua Water Technologies LLC) for the reasons set forth above. 3. The Finance Director is authorized to dispense with bidding therefore in accordance with Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same on a continuing basis, not to exceed budgeted amounts for a period of one year. 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 CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED MAYOR KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Resolutions e. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 5/10/2018 111-11 V 03 SUBJECT: Resolution approving the Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. STAFF RECOMMENDATION: Staff recommends adoption of the resolution BACKGROUND: The most current labor agreement between the City of Bakersfield and the employees of the Blue and White Collar Units, represented by Service Employees International Union, Local 521 (SEIU) expired on December 31, 2016. Since the expiration of the agreement, both the City and SEIU have been in on going discussions regarding the development of a successor Memorandum of Understanding (MOU). During this period of ongoing negotiations, the leadership of SEIU and the Blue and White Collar Units showed a willingness to work with the City and acknowledge current fiscal realities. These realities primarily include ongoing volatility in one of the City's main General Fund revenue streams (sales tax); rising ongoing expenses attributable to significant increases in the City's California Public Employees' Retirement System (CaIPERS) costs; and rising annual healthcare costs. As a result of this ongoing spirit of cooperation, SEIU members have not received a cost of living adjustment (COLA) since July 2014 (approximately four years). The City and SEIU recently concluded negotiations on a new MOU that again reflects a spirit of cooperation and understanding and forgoes a COLA through June 30, 2019. Highlights of the new MOU include: • COLA: No COLA through June 30, 2019; • Term: January 1, 2017 through December 31, 2019; • Wage Reopener: Wage reopener June 30, 2019; • One -Time Payment: Every employee of the Blue and White Units employed on July 1, 2018 shall receive a one-time payment of $750; • Residency Requirement: Increase from 45 minutes from City limit to one hour; and • Miscellaneous Clean-up Items: Several non -economic clean-up items. This proposed agreement has been tentatively agreed to by both the City and SEIU and is consistent with Council approved guidelines. The associated cost of this agreement is also consistent with the agreements recently approved with the Police and Fire Safety groups (estimated at roughly a 1 percent total value). City staff would like to thank SEIU and the leadership of the Blue and White Collar Units for working towards an agreement that strikes a balance between the interests of their membership and the City's current fiscal reality. ATTACHMENTS: Description Type ReSdUdOlrl/kppiroviing the I@ eirnoiraindUrTl of Understanding D for Eirnpbyees of the IBIkie and WNte Cdbir UiNts and Resokltblrl /WopUng SabiryScheUde and Rdated IBeirnetiits D Bkie and WNte IMOU BackU�p IMateirla.� D SabirySchedde &UeandWNte BackUIMateir4� RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS AND ADOPTING SALARY SCHEDULE AND RELATED BENEFITS. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for employees of the City; and WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of California, the City has met and conferred in good faith with the Service Employees International Union (S.E.I.U.) which represents this City's Blue and White Collar unit; and WHEREAS, the City's negotiator and S.E.I.U. have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on January 1, 2017, and expire at midnight on December 31, 2019, for all employees of said Unit employed on the date of adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Resolution 112-16, together with amendatory resolutions, to the extent the same applies to employees in the Blue and White collar unit, is superseded by this Resolution. 2. That commencing May 23, 2018, the attached document entitled "Memorandum of Understanding between the Service Employees International Union (S.E.I.U.) and City of Bakersfield" shall constitute the salary schedule and related benefits for the categories and positions specified therein on the date of adoption of this Resolution, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and Service Employees International Union (S.E.I.U.) unit for the period beginning January 1, 2017, and expiring at midnight, December 31, 2019. -----------000--------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER, RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY of the City of Bakersfield Attachments Final MEMORANDUM OF UNDERSTANDING BAKERSFIELD SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 ".fflo CITY OF BAKERSFIELD January 1, 2017 - December 31, 2019 Final TABLE OF CONTENTS ARTICLE 1 PURPOSE...........................................1 ARTICLE 2 RECOGNITION.......................................1 ARTICLE 3 TERM OF AGREEMENT.................................1 ARTICLE 4 RENEWAL...........................................2 ARTICLE 5 MAINTENANCE OF BENEFITS ...........................2 ARTICLE 6 REPRESENTATION — UNION OFFICERS ...................2 ARTICLE 7 UNION STEWARDS....................................3 ARTICLE 8 NO STRIKE OR LOCKOUT ..............................4 ARTICLE 9 MANAGEMENT RIGHTS.................................4 ARTICLE 10 MAINTENANCE OF MEMBERSHIP .........................4 ARTICLE 11 RIGHT TO REPRESENTATION ...........................5 ARTICLE 12 PROCESSING OF FORMAL GRIEVANCES ...................5 ARTICLE 13 EQUAL OPPORTUNITY EMPLOYMENT ......................9 ARTICLE 14 PERS PICK—UP......................................9 ARTICLE 15 COMPENSATION.....................................10 ARTICLE 16 STAND—BY PAY.....................................10 ARTICLE 17 CALL-BACK........................................11 ARTICLE 18 RETIREMENT.......................................11 ARTICLE 19 PROMOTIONS.......................................12 ARTICLE 20 CITY INSURANCE CONTRIBUTION ......................12 ARTICLE 21 SAFETY...........................................13 ARTICLE 22 TRAINING.........................................15 ARTICLE 23 PREMIUM COMPENSATION .............................15 ARTICLE 24 HOLIDAYS.........................................17 ARTICLE 25 SHIFT ASSIGNMENTS................................18 ARTICLE 26 SHIFT DIFFERENTIAL...............................19 ARTICLE 27 UNIFORM/FOOTWEAR ALLOWANCE .......................19 ARTICLE 28 TOOL ALLOWANCE...................................20 ARTICLE 29 BILINGUAL PAY....................................20 ARTICLE 30 COMPENSATORY TIME................................20 ARTICLE 31 OVERTIME.........................................21 ARTICLE 32 SICK LEAVE.......................................21 ii 05123118CC A GENDA PA CKET PG 80 Final TABLE OF CONTENTS ARTICLE 33 PERSONAL NECESSITY LEAVE .........................22 ARTICLE 34 DEFERRED COMPENSATION PLAN .......................22 ARTICLE 35 PAYROLL DEDUCTIONS...............................22 ARTICLE 36 CLASSIFICATION REQUESTS ..........................22 ARTICLE 37 LONGEVITY PROGRAM................................23 ARTICLE 38 RETIREE MEDICAL..................................23 ARTICLE 39 TRAINING STEP....................................25 ARTICLE 40 DRUG TESTING.....................................25 ARTICLE 41 COURT CALL BACK..................................26 ARTICLE 42 VACATION.........................................27 ARTICLE 43 CERTIFICATION PAY................................27 ARTICLE 44 JURY DUTY........................................29 ARTICLE 45 IRS 125 PROGRAM..................................29 ARTICLE 46 RESIDENCY REQUIREMENT ............................29 ARTICLE 47 PAYROLL CHANGES..................................29 ARTICLE 48 AGENCY SHOP......................................30 ARTICLE 49 NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION ....30 ARTICLE 50 UNION BULLETIN BOARD .............................31 ARTICLE 51 SDI ELECTION.....................................31 ARTICLE 52 COMMITTEES.......................................31 ARTICLE 53 PROBATIONARY PERIOD..............................32 ARTICLE 54 LINE OF DUTY DEATH BENEFIT .......................32 ARTICLE 55 SEVERABILITY.....................................32 ill 05123118CC A GENDA PA CKET PG 81 Final MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAKERSFIELD AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 The duly authorized representatives of the City of Bakersfield, herein after referred to as "the City" and the Service Employees International Union, Local 521 hereinafter referred to as "the Union", having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding. ARTICLE 1 — PURPOSE It is the purpose of this Memorandum of Understanding to promote and provide the harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstanding; and to set forth the full and entire understanding of the parties reached as a result of good faith meeting and conferring regarding the wages, hours and other terms and conditions of employment covered by this Memorandum. Section 1. Relations applicable recognized the Blue bargaining ARTICLE 2 — RECOGNITION Pursuant to the provisions of the City Employer—Employee Ordinance, Supplemental Rules and Regulations and State law, the Service Employees International Union, is as the majority representative of the City employees in Collar Unit and While Collar Unit and as the exclusive agent for the employees in said Units. Section 2. The term "employee" or "employees" as used herein shall refer only to the regular and probationary employees employed by the City in said Unit in the employees classifications comprising said Units as well as such classes as may be added hereafter by mutual agreement between the City and the Union according to the provisions of the City Employer—Employee Relations Ordinance. Section 3. Nothing contained in this Memorandum shall prohibit any employee of the Blue Collar Unit or White Collar Unit of the City of Bakersfield, who is not a member of the Union from appearing in his/her own behalf in his/her employment relations with the City. ARTICLE 3 — TERM OF AGREEMENT The City and the Union agree that the term of this Agreement shall commence on January 1, 2017, and expire at 12:00 midnight on December 31, 2019 1 Final Starting April 1, 2019, the City and Union agree to reopen negotiations on the subject of salary and up to two other articles selected by the Union. Any necessary impasse procedures will continue through mediation only. Upon ratification, the parties will meet and confer regarding the SEIU originally proposed equity adjustments. ARTICLE 4 — RENEWAL Except as provided herein, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal or continuation of this Agreement. The City and the Union further agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated and conducted in accordance with the applicable sections of the City of Bakersfield Employer—Employee Relations Ordinance, Supplemental Rules and Regulations and that every effort will be made to reach an agreement prior to the expiration of this Agreement on December 31, 2019. Negotiations for the successor agreement will commence by October 1, 2019 It is further agreed that nothing in this Agreement shall in any way diminish the rights of the employees, the City or the Union as established by the Meyers—Milias—Brown Act of the State of California and all amendments thereto, except as herein provided. ARTICLE 5 — MAINTENANCE OF BENEFITS Section 1. The City and the Union agree that the following benefits shall remain in full force and effect for the duration of this Agreement: Hours of Work, Call—Back, Overtime, Jury Duty, Sick Leave and Vacation except as modified herein. Section 2. It is understood that existing ordinances, resolutions and policies of the City cover matters pertaining to employer— employee relations including, but not limited to, salaries, wages, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies including the City of Bakersfield Employer—Employee Relations Ordinance, Supplemental Rules and Regulations are hereby incorporated herein as though set forth in full. ARTICLE 6 — REPRESENTATION — UNION OFFICERS Section 1. The City and the Union agree that Union Officers and Representatives will be allowed to meet with City Management on City 2 Final time for the purpose of meeting and conferring in good faith without loss of pay or any benefits. Section 2. The Union agrees to Manager with a list of the Union their job classification, who are good faith. provide the City Human Resources Officers and Representatives with authorized to meet and confer in Section 3. The City agrees that authorized Union staff members shall be given access to work locations during working hours to conduct Union grievance investigations and/or observe working conditions. Such visits are to be made in accordance with the procedures outlined in the applicable sections of the City of Bakersfield Employer— Employee Relations Ordinance, Supplemental Rules and Regulations. Section access present 4. The City agrees to allow authorized Union representatives in City facilities before and after working hours in order to facts regarding benefit programs. ARTICLE 7 — UNION STEWARDS Section 1. The City agrees that the Union may designate up to twenty (20) Stewards per Bargaining Unit to represent employees in the processing of grievances. It is further agreed the Union may designate alternate Stewards for use when a Steward is on an approved leave of absence or vacation. Section 2. The Union shall furnish Management Representatives with a written list identifying by name and work location all regular and alternate Stewards. The list shall be kept current by the Union at all times. Section 3. The Steward is to begin investigating a grievance only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties failed to reach a resolution of the problem. Section 4. Union Stewards may be elected to serve as an Officer or Director of the Board of Directors for the Union. The members can also be elected to serve as an Advisory Board Member of the Union, which acts as a bridge between the Board of Directors and the Members. The City shall allow these members to have release time for these special union activities. In addition, periodically Union Stewards are called upon to serve the Union for the benefit of members. In these times, the City shall also allow these members to have release time for these special union activities. No more than two (2) employees, two (2) days of release time each shall be allowed per month with an annual accumulative total of fifteen (15) days. Normal time off approval request procedures apply. If used, the City 3 Final of Bakersfield shall invoice the Union for the hourly cost of employees plus the cost of benefits for the day(s) used. ARTICLE 8 — NO STRIKE OR LOCKOUT The City and the Union agree that during the term of this Agreement the City will not lockout employees and the Union will not engage in labor practices detrimental to providing services to the citizens of Bakersfield; or detrimental to the interests of the City, nor will the Union sanction, support, condone, approve or engage in any strike, sick—in, slow down, work stoppage or speed ups. The City and the Union further agree that all matters of controversy coming within the scope of this Agreement will be settled by established grievance procedures. ARTICLE 9 — MANAGEMENT RIGHTS The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City and Union agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employees as set forth in Sections 3.16.040, 3.16.050 and 3.16.060 (c) of Ordinance No. 2154 and said sections are hereby incorporated by this reference and made a part hereof as though set forth in full. The City shall, however, give the Union reasonable notice of any plan to contract work currently performed by Union Members. Upon request, the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this section shall be construed to limit the right of the City Council to contract out work in its sole discretion. ARTICLE 10 — MAINTENANCE OF MEMBERSHIP Section 1. Any employee covered by this agreement who is a Union member, or becomes a Union member, shall continue to pay to the Union those dues or fees regularly charged members of the Union in good standing for the life of this agreement. Any new employee covered by this Agreement who voluntarily joins the Union, shall be subject to the same terms of continued membership as employees above. Section 2. Every employee who is a member of the Union shall have the right to withdraw from membership during the last thirty (30) days of this Agreement. An employee who has properly withdrawn membership as provided herein shall be subject to the provisions of Article 48 Agency Shop. 4 Final ARTICLE 11 — RIGHT TO REPRESENTATION The City shall advise the employee of his/her right to be represented by the Union or other representation of his/her choosing at any meeting in which disciplinary action is to be imposed or at which disciplinary action might reasonably be expected (by the employee) to be imposed. It is the responsibility of the requesting member to secure representation of their choosing. Disciplinary investigations are included in this section. If the employee elects to have representation present, and none is immediately available, the meeting will be postponed for up to forty-eight (48) hours not including Saturdays, Sundays, or holidays, in order to permit the employee to obtain representation within or beyond the 48 hours. There is no right to representation during meetings where the employee is not suspected of wrongdoing. For example, such meetings include, but are not limited to, work related instruction, questions, performance evaluations, etc. If the City advises the employee that a meeting does not involve potential discipline there is no right to representation. ARTICLE 12 — PROCESSING OF FORMAL GRIEVANCES Section 1. Grievance Procedure. A. Matters Subject to Grievance Procedure. All employees in the city service shall have the right to present a grievance regarding dissatisfaction with some phase of his or her job or relations with others on the job which is outside his or her scope of control. B. Objective. Objective of grievance procedure shall be: 1. To promote improved employee -employer relations by establishing grievance procedures on matters for which appeal or hearing is not provided by civil service board rules; 2. To afford employees individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions; 3. To provide that grievances shall be settled as near as possible to the point of origin; 4. Encouragement that grievances should be heard and settled as informally as possible. C. Individual Informal Grievance Procedure. An employee who feels he or she has a grievance should attempt to resolve this grievance by discussion with his or her V Final immediate supervisor without undue delay. If after such discussion, the employee does not feel the grievance has been satisfactorily resolved, he or she shall have the right to discuss the matter with the chain of command including his or her department head. Every effort should be made to resolve the grievance by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such informal discussions, he or she shall have the right to file a request for a formal grievance in writing with his or her superior or department head. An informal grievance shall not be taken above the department head. D. Individual Formal Grievance Procedure. After exhaustion of the informal grievance procedure, the grievance shall be put in writing and shall proceed on the following levels of review: 1. Department or Division Review. The employee shall file his or her grievance in writing with his or her department head who shall discuss the grievance with the employee. The department head shall render his or her decision and comments to the employee in writing within fifteen calendar days. If the employee does not agree with the decision reached or if no answer is received from the department head within fifteen calendar days, he or she may present the grievance in writing to the city manager. Failure of the employee to take further action within ten calendar days after receipt of the decision or within a total of twenty-five calendar days if no decision is rendered, will constitute withdrawal of the grievance. 2. City Manager Review. Upon receiving the grievance, the city manager or designated representative shall discuss the grievance with the employee and all other appropriate persons. The city manager may appoint a fact finding committee or an officer not in the normal line of supervision to investigate and advise him or her concerning the grievance. The city manager shall render a decision in writing to the employee within twenty calendar days after receiving the grievance. The decision of the city manager shall be final in all cases unless the grievance is 6 Final subject to policy review by the city council. In such cases, the city manager shall then refer the matter to the appropriate council committee. E. Employee Organization Grievance Procedures. 1. A recognized official of an employee organization may submit written grievances on behalf of the organization or an employee to the appropriate department head with a copy filed with the city manager; 2. The department head shall render a written decision within fifteen calendar days within receipt of the written grievance unless a mutually agreed upon extension of time is set; a copy of the department head's decision will be filed with the city manager; 3. If the employee organization is not satisfied with the decision rendered by the department head, they may request a city manager review of the grievance within ten calendar days of receipt of the department head's decision; failure of the employee organization to take further action within ten calendar days after receipt of the department head's decision or within a total of twenty-five calendar days if no decision is rendered, will constitute withdrawal of the grievance; the city manager shall render his or her written decision within twenty calendar days after receiving the grievance; the city manager's decision shall be final in all cases unless the grievance is subject to policy review of the city council; in such cases, the city manager shall refer the matter to the appropriate council committee. F. Conduct of Grievance Procedure. 1. The time limits specified in this section may be extended by mutual agreement of the employee or employee organization and the reviewer concerned; 2. The employee may request the assistance of another person of his or her own choosing in preparing his or her written grievance; 3. Employees are assured freedom from reprisal for use of grievance procedures. (Prior code § 3.14.300) 7 Final Section 2. Administration of the Grievance Procedure. 1. The Union agrees that whenever investigations or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. 2. Stewards will be permitted reasonable time off with pay for the investigation and processing of grievances. Stewards, when leaving their work locations to transact such investigations or processing, shall first obtain permission from the Department Head or his/her designees and inform him/her of the nature of the business. Permission to leave will be granted promptly unless such absence would cause an undue interruption of work. 3. Upon entering a work location, the Steward shall inform the cognizant Department Head and Supervisor of the nature of his/her business. Permission to leave the job, but not the location, will be granted promptly to the employee unless such absence would cause undue interruption of work. If the employee cannot be made available the Steward will be immediately informed when the employee will be made available. 4. The parties agree that all formal grievances will be processed in accordance with the City's grievance procedure. The parties also agree that any grievance over the interpretation of the terms and conditions of this Agreement may be submitted through the grievance procedure for resolution. 5. The City agrees to alter its formal grievance procedure as follows: Grievances which are not settled pursuant to the grievance procedure at the City Manager's level shall be further considered in the following manner: Upon written response from the City Manager, the affected employee shall have the option of a third party advisory review. Such advisory review shall be conducted as follows: A. The City and Union shall select one representative for the purpose of selecting a third party who shall hold a hearing for the purpose of reviewing the City Manager's decision. B. The agreed to third party, shall, as soon a practical, but not later than thirty (30) days, hold closed hearings on the grievance which shall be held in conformity to normal hearing procedures. C. Either the City or the Union may call any employee as a witness and the City agrees to release said witness from work if he/she is on duty. Any employee called as a Final witness by the City shall be debited for any hours not worked while on such call. Employees called by the Union may be reimbursed by the Union for any loss of pay for time off. D. The third party shall have no power to alter, amend, change, add to or subtract from any of the terms of this Memorandum. The opinion of the third party shall be based solely upon the evidence and arguments given by the respective parties in the presence of each other. E. Either party may be represented by legal counsel. F. Parties shall pay their own expenses except for the third party whose expenses shall be shared equally. G. The opinion of the third party shall be strictly advisory and shall be submitted to the employee or his/her designated representative and to the City Manager for his/her further consideration. H. No opinion of the third party shall require the exercise of the legislative authority of the City Council nor shall it contravene any existing City Ordinance, City Charter or State law. The opinion of the third party shall be in writing within twenty (20) days from the close of the hearing. ARTICLE 13 — EQUAL OPPORTUNITY EMPLOYMENT The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age handicap, marital status, national origin, political or religious affiliations or union membership. ARTICLE 14 — PERS PICK—UP Except as provided in Article 18 below, at the beginning of the employee's sixth (6t'') cumulative year of service, the City will pay the full portion of the normal contributions required to be paid by the employee to the Public Employees' Retirement System. Effective with the implementation of the 3% at 60 retirement program, City agrees to pay one (1%) percent of the employee's retirement contribution for employees with less than six (6) cumulative years of service. The City will pay the full portion of the contribution at the beginning of the employee's sixth (6t`') cumulative year of service. Employees hired subsequent to February 22, 2006 will not receive this one (1%) percent contribution. Such payments by the City shall be reported as normal contributions and shall be credited to 9 Final said employees' accounts pursuant to Government Code Section 20615. This PERS pick—up is done in accordance with Section 414H (2) of the Internal Revenue Code. This article is not applicable to employees hired after January 1, 2013, that are not deemed "classic" members, as a result of the Public Employees' Pension Reform Act of 2013 (PEPRA). ARTICLE 15 — COMPENSATION Unless otherwise agreed by the parties salaries shall remain unchanged for the term of this agreement. Every active employee of the Blue and White Units employed as of July 1, 2018 shall receive a one-time payment of seven hundred and fifty ($750) dollars with payment being made the second pay period in July ARTICLE 16 — STAND—BY PAY The City and the Union agree that when an employee is designated by management to be available to return to work at any time during specific hours outside of normal working hours the employee shall receive forty dollars ($40) per each eight (8) hours on Controlled stand—by or faction thereof. Such pay shall be in addition to any call—back compensation. To the extent feasible, the parties agree that controlled stand—by shall be assigned on an equitable basis to all eligible employees possessing the requisite skills. Controlled Standby Standby time is controlled where the City of Bakersfield requires an employee during a specific time period to be within (45) minutes driving time from the City limits to the work place or location where the employee is to report. The rate of pay for controlled standby time is the ($40) dollars per eight (8) hour shift. An employee on controlled standby time is expected to: A. Be ready to respond immediately to calls for service. B. Be accessible by telephone, pager or City radio. C. Remain a reasonable distance, within (45) minutes driving time from the City. D. Refrain from activities that may impair the ability of the employee to perform the assigned duties. 10 Final Uncontrolled Standby Uncontrolled standby time is uncontrolled where the employee leaves the workplace and is required merely to inform his/her Supervisor of his/her designee of where/how the employee may be contacted, but the employee's activities are not restricted. ARTICLE 17 — CALL-BACK Section 1. An employee who is directed to return to work to perform additional services after completion of his regular work period shall be authorized a minimum of two hours of work. Section 2. Any call-back during which the employee performs two or more hours of work shall entitle him to an authorized credit for the number of hours actually worked completed to the nearest one-tenth of an hour (six minutes). Section 3. In computing work hours during a call-back, employees will be credited up to 30 minutes travel for both reporting and returning home following call-back. The travel time will be included in the two-hour minimum covered in (A) above. Section 4. Any call-back which occurs prior to and which continue through the beginning of the employees regular work period shall not entitle the employee to the two-hour minimum. The call-back shall entitle the employee to an authorized credit of the number of hours actually worked computed to the nearest one-tenth of an hour (six minutes). Section 5. Call-back hours which result in additional hours to the basic work week or work period shall be credited to the employee as compensatory time off or paid, as determined by the department head at the employee's applicable overtime rate. Section 6. The City will discuss appropriate circumstances for phone calls at home with Supervisory personnel. The parties will continue to discuss call-back issues on a department by department basis. Section 1. Tier One: For 20, 2008, the provision of formula. Tier contribution. ARTICLE 18 — RETIREMENT miscellaneous employees hired on or before, December City shall maintain a contract with Ca1PERS for the a 3% @ 60 (highest 12 months) retirement benefit one employees pay .5% of the employee retirement 11 Final Section 2. Tier Two: For "classic" Ca1PERS members hired on or after December 20, 2008, the City shall maintain a contract with Ca1PERS for the provision of a 2.70 @ 55 (average of the highest 36 months of service) retirement benefit formula pursuant to Ca1PERS requirements. At the beginning of the employee's sixth (6t`') cumulative year of service the City will pay seven and one-half (7.50) percent of the employee retirement contribution. Concurrently, Tier two employees shall pay .5% of the employee retirement contribution. Section 3. Tier Three: For employees hired on or after January 1, 2013 and classified as "new" members of Ca1PERS as defined by Public Employees Pension Reform Act (PEPRA), the City shall maintain a contract with Ca1PERS for the provision of a 2% @ 62 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA, these employees are responsible for paying one-half of the normal cost of this retirement plan. Section 4. These plans include the Military Service Credit option and the Option 2 Death benefit. ARTICLE 19 — PROMOTIONS The City agrees that whenever there are, in the employ of the City, a sufficient number of employees who meet the minimum qualifications for an open position and have performed at the standard level or above, the job examination for that position shall be given on a promotional basis. ARTICLE 20 — CITY INSURANCE CONTRIBUTION Medical, Vision and Dental Benefits. The City and employees shall share bi—weekly contributions towards a medical, vision and dental plan for all employees of these Units subject to the following contributions: Fee Dental HMO Dental Fee Dental Dental HMO Fee Health HMO Health HMO Health Fee Health Employee Vision Vision Vision Vision Contribution Employee 80% 80% 80% 80% 20% Only Employee 80% 80% 80% 80% 20% +1 Family 80% 80% 80% 80% 20% 12 Final The City and Union have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insurance coverage's shall take place through the Joint City/Employee Medical Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31st of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual Units. The 80%/20% premium split shall remain in effect unless an alternative agreement has been reached. Any changes to the health plans shall follow the existing process noted in this Article, whereby the City will meet with the Insurance Committee. Life Insurance. The City $30,000. Insurance conditions. Employees have beyond $30,000 currently provides for Life Insurance of the option of buying additional Life at their expense, subject to carrier Disability Insurance. Employees in the Blue and White Collar Units may voluntarily participate at their expense, in the long-term disability program currently offered to Supervisory and Management employees. The terms and conditions for this benefit shall be the same as provided for Supervisory and Management employees. ARTICLE 21 — SAFETY Section 1. The City and the Union agree to abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational Safety and Health Act of 1970 and any legislation as may be passed by the State of California to implement that plan. Section 2. The City agrees that any safety courses the employees are required to take will be provided on City time with pay. Section 3. The City agrees to maintain a Safety Program in accordance with and where required by law. Section 4. The Union agrees to support without qualification, the City's Safety Program and will encourage its members to attend safety courses and to obtain First Aid Certificates if required by the City and made available on City time. Section 5. Both the City and the Union recognize the need and will strive to reduce the number of industrial injuries among the employees. Employees are expected to report for work in suitable clothing including appropriate footwear for the type of work to be performed. 13 Final Section 6. It is the duty of Management to make every reasonable effort to provide and maintain a safe place of employment. The Union will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their regularly assigned duties to be alert to unsafe practices, equipment and conditions and to report any such unsafe practices or conditions to their immediate supervisors. If such condition cannot be satisfactorily remedied by his/her immediate supervisor, any employee has the right to submit the matter either personally or through the Steward to his/her Department Head or his/her designated representative. Section 7. Classifications, designated by Risk Management or mandated by regulation, shall be provided with hepatitis vaccinations. Section 8. Light Duty. When due to injury or illness, whether or not the injury or illness is work related and the employee is unable to perform his/her usual duties, the employee may work in a light- duty capacity based on the following conditions: A. An employee may work light duty only upon approval of the Department Head upon the recommendation of the appointed City Physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity, nor is a hazard created for other employees. B. Human Resources Division, working with the city departments, will identify potential light duty assignments. The employee may perform a light duty assignment within any City department, as determined by the City. The City will determine the availability and duration of light duty assignments. C. Individuals will not be assigned to light duty if there is a chance that doing so might result in liability against the City, as determined by the City. D. An employee shall accept light duty assignments, if offered, if his/her illness/injury is job related. E. An employee denied a requested light duty assignment will be provided a written explanation, if requested. F. Industrial light duty assignments have precedence over non- industrial assignments. Section 9. Safety Equipment. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equipment whenever 14 Final such equipment has been required by the City as necessary on the job. Such equipment shall include, but not be limited to, safety shoes, safety glasses, helmets, gloves, boots, life jackets and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures and limitations and exclusions. Section 10. Safety Committee. The Union will be allowed to appoint one member from each bargaining unit to serve on the City's Safety Committee. ARTICLE 22 — TRAINING The City and Union recognize that the training programs and the advancement of employees to positions of higher skills are matters of great importance and interest to the City, the Union and the employees covered by this Agreement. The City and Union agree that all costs and time for training or instruction required by the City shall be paid by the City; however, the City shall retain the right to determine what training is required for the employee to improve his/her performance on the job and to make such training a condition of employment. Whenever possible and practical, the City will rotate the scheduling of employees into training programs in order to assure employees an equal opportunity in advancing to higher classifications. ARTICLE 23 — PREMIUM COMPENSATION The City and the Union agree that it is the intent of Departmental Management, whenever possible, to avoid working an employee out—of— classification for a prolonged period of time. Section 1. Acting Appointment- The City and the Union agree that Department Heads, with the approval of the City Manager, may assign the full range of duties and responsibilities of a vacant position to a qualified regular employee for a period of time not to exceed six months. Such appointment in excess of six months may be made with the approval of the appropriate civil service board. The compensation for the action appointment shall be within the salary range of the class so assigned with a minimum of 5%. Section 2. Temporary Assignment- The City and the Union agree that assigning an employee to perform the duties of a higher class will occur only to meet work requirements within the City. When performing duties assigned by the Supervisor, for the majority of the scheduled shift, the employee shall be compensated for the full work day at base rate. All premium pay practices will conform with PERS rules. 15 Final The following table outlines the premium rate per grade temporarily assigned above permanent assignment. If percentage difference between classifications is: Range (%) Premium rate (%) 6 -19 5 20-29 10 30-39 17 40-49 25 50-59 34 60-69 43 The range percentage is the difference between an employee's regular grade at step 1 compared to the higher grade at step 1. Department Head approval will be required if range percentage is 70% and above. The premium rate column is equivalent to an employee at step 4 of their current grade receiving step 2 of the higher grade. Section 3. The City and the Union agree that when an employee is assigned as follows, they shall receive a five percent (5%) increase during the period of such lead assignment: A. When any Blue Collar or White Collar employee is assigned responsibility over any work release or community service workers. B. When any White or Blue Collar employee is assigned lead worker responsibility over a crew of three (3) or more temporary, extra help or full-time employees and whose job description does not include lead responsibilities. A crew of three (3) means, a crew of three (3) including the lead worker. C. Unless a supervisor is present, a lead employee is to be designated and paid lead assignment pay for the night sweeper crew. D. Except in emergency situations, the City will continue the current practice of assigning work release or community service workers to employees who have voluntarily accepted the responsibility and completed any required training. E. When Service Maintenance Workers in the Sewer Division are assigned lead responsibility on a two -person truck, they will be considered as working at the Sewer Maintenance II level and paid out -of -classification assignment. 16 Final ARTICLE 24 — HOLIDAYS Section 1. All eligible employees in the Blue and White Collar Units shall observe the following eight—hour holidays with pay: Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day New Year's Day Three Floating Holidays, as provided below. Employees shall also receive every day designated by the City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays. Section 2. Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday, the previous Friday shall be observed as a holiday. Section 3. Employees assigned shall observe the actual, not Independence Day, Veterans Day, to seven—day per week shift schedules the observed holiday. Those days are Christmas Day and New Years Day. Section 4. Floating Holidays - Each employee in the Blue and White Collar Unit, who is employed by the City when a floating holiday is credited, shall be eligible for that floating holiday. Floating holiday(s) must have prior departmental approval and shall be consistent with the efficient operation of the affected department and its activities. A. Floating holidays shall be utilized as follows on years that Christmas and New Years fall on: 1. Saturday, Sunday, or Monday, three floating holidays will be credited to employees. 2. Tuesday, Wednesday, or Friday, Christmas and New Years Eve will be observed as full day holidays and one floating holiday will be credited each employee. 3. Thursday, the Fridays following Christmas and New Years will be observed as full day holidays and one floating holiday will be credited each employee. 17 Final 4. Floating holidays not observed as Christmas or New Year's Eve shall be credited and available by July 1 of each year. Section 5. Solid Waste Holidays - The Solid Waste Division has two types of field operations which normally work either a five day or four day work week: A. Refuse Collection Yard Operations: Employees on a five day work week schedule may also be required to work designated holidays which fall within their normal work schedule, excluding New Year's Day, July 4t'', Thanksgiving Day, Christmas Day, and those days the disposal facility is closed. Employees actually working any of the designated holidays will receive time and one half pay for the hours worked that day, in addition to the eight hour holiday pay. For the purpose of completing the weekly refuse collection cycle after a holiday which closes operation, employees may also be required to work the Saturday after the holiday and will receive time and one half pay for the hours worked that day. B. Recycling Facilities Operations: Employees on a four day work week schedule may also be required to work designated holidays which fall within their normal work schedule, excluding New Years Day, July 4t'', Thanksgiving Day, and Christmas Day. Employees actually working any of the designated holidays will receive time and one half pay for the hours worked that day, in addition to the eight hour holiday pay. Section 6. During the time of any leave of absence without pay employees will not be eligible for Holiday Pay. ARTICLE 25 — SHIFT ASSIGNMENTS The City agrees to continue its present practice at the Public Works Department in scheduling shift assignments. If changes are made, the City will meet and consult with the Union prior to making said changes. The City and Union agree that to meet the needs of the Police Department the following factors shall be considered in making assignments for employees in the Police Service Technician classification: Special skills Experience Seniority 18 Final Accommodation of education schedules Other factors, as determined by the Chief of Police The City and Union specifically acknowledge the need to balance experience and inexperienced Police Service Technicians on all shifts. Appointments shall be made at the sole discretion of the Department. ARTICLE 26 — SHIFT DIFFERENTIAL Section 1. A shift differential of $.90 per hour shall be paid any employee when the majority of their shift falls between the hours of 3 p.m. and 12 midnight. Section 2. A shift differential of $1.25 per hour will be paid any employee when the majority of their shift falls between 12 midnight and 7 a. m. ARTICLE 27 — UNIFORM/FOOTWEAR ALLOWANCE Section 1. Uniform Allowance - All employees in the Blue Collar Unit required to wear uniforms will be furnished such uniforms at no cost to the employees. The City shall provide employees with eleven (11) uniforms during each bi—weekly uniform cleaning cycle. A. Except for Police Service Technicians, non—safety personnel employed in the Police Department, who are required by the Chief of Police to wear a uniform, and Fire Dispatchers, shall be provided with a Five hundred eighty dollars ($580) per year uniform allowance. Animal Control Officers (ACO), Police Service Technicians (PST) and Fire Prevention Personnel required to wear a uniform shall receive a Eight hundred fifty dollars ($850) per year uniform allowance. This allowance is to be paid on a bi- weekly basis to meet Ca1PERS requirements. The City shall provide at no cost to the employee all required patches and chevrons. B. The City shall provide all employees required to wear uniforms, provided through a uniform service with a choice of 100% cotton or poly blend uniforms. Section 2. Safety Footwear Allowance - The City shall provide a safety footwear reimbursement of up to One hundred twenty five dollars ($125) annually, for a maximum of two (2) pairs of Department Head (or designee) approved safety footwear per calendar year. Reimbursement will be approved with the original receipt for those specific classifications listed with Human Resources. The City and the Union both reserve the right to make changes to add or delete classifications from the list upon mutual agreement. 19 Final During the time of any leave of absence without pay employees will not be eligible for uniform or footwear allowance. ARTICLE 28 — TOOL ALLOWANCE Employees in the following classifications who are employed as of January 1, and are required to provide a complement of hand tools as approved by the Public Works Director, shall be reimbursed by the City for approved tool purchases: Equipment Mechanics Up to $425.00 Fleet Service Worker II Up to $300.00 Fleet Service Worker I Up to $300.00 Fleet Service Worker II shall provide two—thirds (2/3) of the full tool set as per the established tool list. Fleet Service Worker I shall provide one—third (1/3) of the full tool set to be determined by management. Tools purchased pursuant to this Section remain the property of the employee. ARTICLE 29 - BILINGUAL PAY Employees who have been designated by the City Manager and regularly utilize bilingual skills in their job or as a departmental translator for the City, shall receive Thirty-five dollars ($35) bi-weekly for such services. To be eligible, an employee must pass a test demonstrating their bilingual conversational fluency and will be subject to periodic retest. The City Manager shall designate the number of positions to receive of the City. Notwithstanding the any language skills they possess handling their responsibilities compensation. qualifying languages and authorize bilingual pay based upon the needs above, all personnel shall utilize to the best of their ability in on a non -regular basis without During the time of any leave of absence without pay employees will not be eligible for bilingual pay. ARTICLE 30 — COMPENSATORY TIME The accumulation of compensatory time shall not exceed eighty (80) hours. Any compensatory time in excess of eighty (80) hours shall be automatically paid if management is unable to schedule the time off. The use of comp time shall be scheduled through mutual agreement between the employee and management. Management may establish the time off for comp time in excess of forty (40) hours where mutual agreement cannot be reached. Employees retain the right to cash 20 payment for any comp time on the books, subject restraints. ARTICLE 31 — OVERTIME Final to budgetary Overtime worked must receive pre -approval. All overtime compensation shall be in the form of compensatory time, unless pre -approved for cash payment. Overtime compensation is credited at one and one-half times the employee's regular rate of compensation. Overtime compensation will be credited only for those hours in excess of the employee's regular scheduled workday or the 40 -hours workweek. ARTICLE 32 — SICK LEAVE Blue and White Collar Unit employees accrue sick leave at the rate of twelve (12) days per calendar year, with a maximum accrual of one hundred twenty (120) days. An employee who has an accrued balance at the end of the calendar year, which exceeds one hundred twenty ( 120 ) days, will receive one hundred percent (1000) of his/her accruals in excess of 120 days as vacation and may convert and be paid for up to seventy-five percent (750) of that amount of vacation. The amount to be converted must be designated by the employee no later than the following January 31, which will be paid to employee the second pay day in February. Employees receiving the above conversion will not receive any sixty ( 60 ) to one hundred twenty ( 120 ) day conversion of sick leave for that calendar year. The previously established non- conversion sick leave "bank" will no longer exist for this group. For the term of this agreement, the parties agree that individuals retiring with a service retirement shall be entitled to a premium sick leave pay -out. Specifically, individuals shall receive an additional 250 of accrued sick leave compensation at the time of retirement beyond that provided for in Municipal Code Section 2.84.570. This payment shall not be considered gross remuneration for purposes of retirement. Except as provided below, any employee converting the service retirement to a disability retirement within five (5) years of the date of retirement shall refund this premium sick leave payment to the City. If repayment is required, a reasonable repayment schedule shall be established between the employee and the City. Exceptions to the repayment requirement may be made as follows: A. No repayment shall be required if an employee dies after retirement and the survivor's allowance is converted to a disability allowance. B. The City Manager will waive repayment in the event of a catastrophic event resulting in substantial disability from heart attack, stroke or cancer for the employee. Substantial 21 Final disability is defined as a disability which would have required the retirement of the employee if still in active service. ARTICLE 33 — PERSONAL NECESSITY LEAVE The City agrees to allow each employee covered by this Agreement to utilize eight (8) hours per year as Personal Necessity Leave, chargeable to Sick Leave. Such leave is designed to permit employee time off during normal working time to conduct personal business. Personal Leave shall require prior approval and shall be taken in minimum two (2) hour increments. ARTICLE 34 — DEFERRED COMPENSATION PLAN All probationary and regular employees in the Blue and White Collar Units of the City shall be eligible to participate in the City's Deferred Compensation Plan. ARTICLE 35 — PAYROLL DEDUCTIONS The City agrees to provide payroll deductions for Union dues and benefit programs at no cost to the employees or Union. Employees may express authorization for payroll deduction and/or COPE contributions by submitting to the Union a written membership application form, through electronically recorded phone calls, by submitting the Union on online deduction authorization, or by any other means of indicating agreement allowable under state and federal law. The Union will submit to the City a list of members who have authorized payroll deduction and shall provide the City with verification that payroll deduction and/or COPE contributions have been authorized by the employee only in the event a question arises about an employee's membership status. The City shall accept confirmations from the Union that the Union possesses electronic records of such membership and give full force and effect to such authorizations as "written authorization" for purposes of this Agreement. ARTICLE 36 — CLASSIFICATION REQUESTS Requests for classification consideration will be processed once a year on February 1st, except those requests of an emergency nature (as determined by the Human Resources Office) may be acted upon regardless of the submission date and presented for review outside the routine schedule. The effective date of any proposed upward classification will be implemented with the budget in the year that it is approved. 22 Final Normally, position reviews will be generated in one of two ways: A. By request of the employee and/or B. By request of the Department Head Prior to reaching any final decision, the Human Resources Office shall forward its draft findings to the employee and shall consider any comments the employee may have on the draft report. If the recommendation of the Human Resources Office is negative, no further action shall be taken on the request. If the recommendation is positive, it shall be subject to the approval of the appropriate Civil Service Commission and City Council. The parties agree to continue negotiations on the issue of revising the City's reclassification procedure. ARTICLE 37 — LONGEVITY PROGRAM Unit members shall be eligible for a Longevity Pay Program as follows: 10 or more uninterrupted years of City service 20 of Base Pay. 15 or more uninterrupted years of City service 40 of Base Pay. 20 or more uninterrupted years of City service 60 of Base Pay. The amounts above are not cumulative. Employees hired after January 1, 1985, shall not be eligible for Longevity Pay. ARTICLE 38 — RETIREE MEDICAL Section 1. Medicare Coverage - Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage whether through the City of Bakersfield, other employers, spouse/domestic partner coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. Section 2. The City shall provide the surviving spouse/domestic partner and eligible dependent(s) of any deceased employee with the health and welfare benefit contribution that had been made on behalf of the employee prior to their death. Section 3. Employees hired after February 22, 2006 will not participate in either of the retiree health subsidy programs set forth in this section. In lieu, the City will match up to one (1%) percent of the employee's mandatory contributions to their Retirement 23 Final Health Savings account commencing the beginning of their sixth (6t'') year of employment. Section 4. Retiree Medical - Employees hired after April 1, 1996 but before February 22, 2006 will be eligible for retiree medical under the following conditions: A. Participation in the City retiree medical insurance plan will be offered to those employees who retire following twenty (20) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service, to the nearest quarter year, up to a maximum of 30 years (900), of the lower of the HMO or Fee -For -Service Single rate. In no case shall a retiree in this class receive more than 900 of their applicable rate structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. B. Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage (Part A) whether through the City of Bakersfield, other employers, spouse coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's retiree medical plan. C. Employees hired after April 1, 1996 shall not be eligible to receive the 42% Fee -For -Service plan subsidy. Section 5. Retiree Medical — Employees hired prior to April 1, 1996 who retire following fifteen (15) years of regular service or retire due to disability, eligibility for and contributions towards retiree medical insurance shall be as originally set forth in City Council Resolution #227-88 and herein set forth: A. Retired employees enrolled under the City's health plan shall receive city contributions based on the following formula: Participation in the City retiree medical insurance plan will be offered to those employees who retire following fifteen (15) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service, to the nearest quarter year, up to a maximum of 30 years (900), of the lower of the HMO or Fee -For -Service Single rate. In no case shall a retiree in this class receive more than 900 of their applicable rate structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. B. Forty-two (420) percent of the actual premium for the "Fee for Service" Retiree Health Plan shall be paid by the City and the 24 Final balance of the premium shall be calculated and paid pursuant to the formula in "A" above. C. Retired employees covered under the HMO Insurance plans shall only receive the City contributions under the formula in "A" above. Section 6. Retirement Health Savings Accounts - The ICMA Vantage Care Retiree Health Savings Account program (RHSA) has been implemented. One (1%) percent of base pay will be deducted from each employee's paycheck on a pre-tax basis and deposited into their individual account effective with program implementation. As soon as is possible the City will amend the Retirement Health Savings Account for the White Collar Unit to eliminate the deposit of accrued leave payouts into the Account upon retirement. The City assumes no liability for adverse tax rulings by the IRS relative to this program. ARTICLE 39 — TRAINING STEP A Training ("T") Step exists for the following classifications: Clerk Typist I Fleet Service Worker I Service Maintenance Worker This step shall be ten percent (10%) below Step "1". Newly hired employees shall be hired at the "T" Step whenever, in the opinion of the City, the hiree is not fully prepared to function in their classification until a training period has been completed. Employees shall be advanced to Step "1" by the end of six (6) months of continuous service. Time spent in the "T" Step shall count towards satisfying the probationary period. ARTICLE 40 — DRUG TESTING The goal and intent of this program is the rehabilitation and assisting of first—time offenders with drug problems. However, action taken against an employee shall be determined by individual circumstances of each case and disciplinary action, up to and including termination is possible. Authority for Testing - Only an employee's Department Head or his/her designee, acting in the absence of the Department Head, may order a drug test. 25 Final Conditions Allowing for Testing - Employees may be subjected to drug testing if the City has a reasonable suspicion that the employee is using: 1) illegal drugs, 2) prescription drugs without or contrary to a prescription, or 3) being under the influence of alcohol during working hours. Reasonable suspicion shall mean one or more of the following exists as determined by the Department Head or his/her designee: A. Having more evidence for than against. B. An apparent state of facts and/or circumstances which would lead a reasonable person to believe an individual was using drugs/narcotics. C. A reasonable grounds for belief in the existence of facts or circumstances warranting an order to submit to a drug test. Testing Procedure - Detailed testing procedures shall be developed by the City to: A. Positively identify employees prior to testing. B. Provide for employee privacy and security of samples. C. Establish if an employee is taking any drugs legitimately under medical supervision. D. Develop a two—step test. Both urine and blood samples shall be drawn unless the employee waives his/her right to the blood sample. Any specimen testing positive in the urinalysis shall be subject to confirmation by blood test unless waived. No notification shall be given of initial positive tests until the confirmation blood test has been completed and is positive. At the time the samples are drawn, a second set of samples shall be taken and sealed. Should the original blood test show positive, the second sealed set of samples shall be retained for six (6) months to allow for further testing in the event of a dispute. Testing Agent - The laboratory selected to conduct the analysis must be experienced and capable of quality control, documentation, chain of custody, technical expertise and demonstrated proficiency. ARTICLE 41 — COURT CALL BACK Unit employees in the Police Department shall receive a minimum of three (3) hours compensation at the appropriate rate of pay when called back for court appearances. 26 Final ARTICLE 42 — VACATION Vacation accrual shall be as follows: Years Days 0-4 10 5-13 15 14+ 20 Maximum vacation accrual shall be three (3) years annual accrual. Between 5 to 10 years of service, the maximum vacation accrual shall be increased to three (3) years and three (3) days. After ten (10) years of service, the maximum accrual shall be increased to three (3) years and nine (9) days. ARTICLE 43 — CERTIFICATION PAY A. When the City requires an employee as a condition of employment or request the employee to voluntarily obtain and/or maintain a State or National certification, the City shall reimburse the employee for any cost of obtaining and/or renewing the certification. B. The City shall reimburse employees for any cost of obtaining and/or renewing a City required driver's license, above the cost of a class "C" license. C. Employees who have been designated by their department head and regularly use specialized skills for which a state or national certification is required in their job, shall receive annual certification pay, to be paid in the last pay period of December of every year, for such services. To be eligible, an employee must pass the test given by the certifying agency, obtain required continuing education units and keep certification current. The certification pay will only be paid if an employee maintains the certification for an entire calendar year. The certification must not be a requirement listed in the job specification in order to obtain the job. 27 Final The recognized certifications are: DOT Tester Certification $1,000 California State Water Resources Control Board Grade III (Waste Water) $1,500 Certified Backflow Prevention Assembly Tester (Parks) $1,500 Pest Control Advisor License (Parks) $1,000 Combination of D.O.T. Hydrotester and State Fire Marshal Fire Extinguisher (Fire) $1,000 Qualified Applicator License (Parks) $500 Certified Arborist (Parks) $500 Certified Pool/Spa Operator (Recreation) $500 Bar 97 Advanced Smog Certification $1,000 Certified Latent Print Examiner $1,000 Notary Public License $500 Crane Operator Certificate $500 Automotive Service Excellence (ASE) certificates (Equipment Maintenance) $ 100 per certificate* *Maximum Fleet Service Worker I $ 400 Fleet Service Worker II $ 600 Fleet Mechanic (All) $ 1,000 Automotive Parts Specialist $ 200 Waste Water Mechanic — Plant Maintenance Mechanical Technologist $100 Grade I, $200 Grade II per year, non -accumulative. Building Inspectors, Code Enforcement and Building Staff - $100 each per year for City approved certification, up to a maximum of 5 certificates. Traffic Signal Technician — International Municipal Signal Association Certification $100 Grade I, $200 Grade II, $300 Grade III, non -accumulative, per year. 28 0/23/1 CC C i 109 Final Signing and Striping Certificates - $100 Grade I, $200 Grade II, $300 Grade III, non -accumulative per year. City or Union may request additional and/or modifications to certification pay during the term of the agreement, which will be implemented upon mutual agreement. ARTICLE 44 — JURY DUTY The City shall provide for paid leave, when an employee is subpoenaed to Jury Duty and/or to appear as a witness in court in Kern County on matters of civic concern. Examples of matters of civic concern would include criminal matters, accidents, etc. ARTICLE 45 — IRS 125 PROGRAM The City has implemented the IRS 125 Program for payment of medical insurance premiums, childcare and un -reimbursed expense. Employees may voluntarily participate in the childcare and un -reimbursed medical portions of the program. ARTICLE 46 — RESIDENCY REQUIREMENT The residency requirement for Unit employees shall require that employees maintain residency within one (1) hour normal driving time from City Limits. Normal driving time shall be defined as driving the most direct route at the posted speed limit. ARTICLE 47 — PAYROLL CHANGES A. The City shall maintain in effect the voluntarily direct deposit program for unit employees with the following provisions: 1. Require all regular employees hired on or after January 1, 1994 to participate in direct deposit. Participation shall be voluntary for employees prior to January 1, 1994. 2. Eliminate payoff checks for sick leave converted to vacation with all such payoffs being added to the regular paycheck. 3. Employees are responsible for investigating errors in direct deposit with their bank. 4. City will give notice to the Union should it wish to change any of the paycheck release times currently in effect. 5. The City will give reasonable advance notice if it will be unable to provide direct deposit for a given pay period. 29 Final B. All payroll changes shall become effective at the start of the nearest payroll period. ARTICLE 48 — AGENCY SHOP Each employee in the Blue Collar Bargaining Unit and new employees in the White Collar Unit hired after the adoption of the 1994 Memorandum of Understanding shall either 1) become a member of the Union to the extent of tendering the periodic dues uniformly required for membership, or 2) pay to the Union a periodic representational fee. Such representational fee shall be in an amount uniformly established by the Union's Board of Directors, but in no event shall such representational fee exceed ninety—five percent (950) of the amount that a Union member would pay in dues for the same period. The Union shall indemnify the employer and hold it harmless against any and all suits, claims, demands or other liabilities, including the employer's reasonable attorney fees, that may arise out of or by reason of any action taken by the employer for purposes of complying with this Article. This Article was implemented in accordance with Government Code Section 3502.5. The requirement for Blue Collar Bargaining Unit members was implemented following a secret ballot election of the Bargaining Unit employees which was held on February 28, 1989. The requirement for White Collar Bargaining Unit members hired after the adoption of the 1994 Memorandum of Understanding was negotiated and adopted with the 1994 Memorandum of Understanding. The Union agrees to adhere to all statutory and judicial requirements relating to Agency Shop. ARTICLE 49 — NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION The City will provide the Union a monthly listing of each newly hired employee represented under which will include name and address. The City shall also provide to the Union a listing of all Service Fee Payers represented under SEIU which will include name and address each Quarter. The City will provide SEIU LOCAL 521 10 calendar days notice of orientations to enable an exclusive representative of SEIU LOCAL 521 access of up to thirty minutes, at the end of the orientation process, to present Union membership information with no management present. The new employee orientation will be a mandatory part of the agenda. This notice will include the time, date and location of the orientation. SEIU LOCAL 521 agrees to provide Human Resources a list of representatives or shop stewards that SEIU LOCAL 521 will utilize for the new hire orientations throughout the year. Once the City 30 Final notifies SEIU LOCAL 521 of the new employee orientation, SEIU LOCAL 521 will identify the representative or steward that will attend and notify the City 5 calendar days notice of orientations. Additionally, the City will provide SEIU LOCAL 521 a digital file via email to the email address designated by SEIU LOCAL 521 containing the following information within 30 days of hiring an SEIU LOCAL 521 represented employee: the name, job title, department, work location, work, home, and personal cell phone numbers, personal email addresses on file with the employer; and the home address of the new hire. The City will also provide SEIU LOCAL 521 a list of all information for all employees in the bargaining unit every 120 days. Employees transferring from another bargaining unit are not considered new hires and will not be part of the 30 -day report; however, their information will be captured in the 120 day report. The Union will provide the Human Resource Director with a copy of the new employee orientation packet on a quarterly basis. If there is a substantial change in the packet, the Union will provide the packet at the next scheduled new hire orientation. ARTICLE 50 — UNION BULLETIN BOARD The City will provide approximately a two by three foot (2' x 3') bulletin board space at each of the major work site locations for Union bulletins. If space is not available the Union may provide a two by three foot (2' x 31) bulletin board which the City will install. The space will be located in an area frequented by a majority of the employees at the work site. The Union will be responsible to maintain the designated posting area and ensure compliance with City, State, and Federal compliance requirements, including the prohibitions of derogatory or inappropriate documents. ARTICLE 51 — SDI ELECTION Blue and White Collar employees have elected to participate in the State Disability Insurance (SDI) program. SDI benefits will be automatically coordinated with wages for employees off work for seven (7) or more calendar days. ARTICLE 52 — COMMITTEES 1. The Union recognizes Its obligation to cooperate with the City to assure maximum service of the highest quality and efficiency to the citizens of The City of Bakersfield, consonant with its obligations to the workers it represents. The City and the Union affirm the principle that harmonious labor-management relations are to be promoted and furthered. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect. 31 Final A. Labor Management Committee. It is the intention of the parties to establish a City-wide Joint Labor -Management Committee to provide a forum for labor and management to jointly discuss issues of concern to the bargaining unit employees. 2. The Joint Labor/Management Committee shall consist of Management representatives and bargaining unit representatives, selected by the Union. The Management representatives will be designated by the CITY. Annually, the Joint Labor/Management Committee shall meet up to 4 times upon written request of either party, during working hours to discuss issues which may include, but are not limited to career training, educational/promotional opportunities, class specifications, training and employee development. The Committee may also make advisory recommendations to the City Manager or his/her designated representative, for consideration. Either party requesting the meeting shall provide an agenda five (5) days prior to the meeting. Committee participants shall be released on work time to attend meetings. ARTICLE 53 — PROBATIONARY PERIOD 1. All appointments to a permanent position shall be tentative and subject to a probationary period of six (6) months. 2. During the probationary period, the employee shall be required to demonstrate his or her fitness to the position to which he or she is appointed by actual performance of duties of the position. 3. At the conclusion of the probationary period, the department must file an Employee Performance Evaluation stating the retention of the probationary employee in the City service is desired or the probationary employee will be considered unsatisfactory and will be terminated. ARTICLE 54 — LINE OF DUTY DEATH BENEFIT Including the prescribed death benefits defined in Labor Code Section 4701 et. al, the City shall pay all reasonable funeral and burial expenses to a maximum of $20,000 for a Bakersfield employee who dies as the direct result of an on -duty related injury. ARTICLE 55 — SEVERABILITY It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal and State laws 32 Final and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws or regulations. If any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal and State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The City and Union agree to meet and confer in an attempt to replace and/or adjust for any suspended or superseded provisions. THIS MEMORANDUM OF UNDERSTANDING entered into and signed this _ day of 2018. FOR THE SERVICE EMPLOYEES FOR THE CITY OF BAKERSFIELD INTERNATIONAL UNION, LOCAL 521 Jason Suchin Bernie Daverin Phillip Rios Steven Rodrigue Cliff Uptigrove Martin Harrington Michelle Gonzalez John Patterson Sandra Alvarez Michael Carter Kristin Eldridge 33 Steven Teglia Lisa McGranahan Randy McKeegan Nick Fidler Darin Budak William Avery 00 N O N N N V Q C6 Q � N � > fll U 0 CD CL W Q LO C3 N Imo- c d' Imo- c m c M d c N ce Cf ) r Cf) O d c Cb cD c Cfl Nt f N 60� M O a) L6 f Lo zt LO N c N I-- M f O �- M (V c N ce N M M N c O f Ch d I N ce O O OD < 00 O c - N < IQ � LO � 0 C`") I- d' 00 O I 0 M LO fb LC) O V M N Cfl - d' 3) M - M - Cf) I - 60� N 60� M 60� I OD Q0 Cfl N - Cf) N fb ti N V Il- d' O co NT ') �- N Cf) Cfl �- I O M O M O Cf) - Ce N Ce N ce I Imo- Cf ) 0) N O D M N N M co I t N 00 d' LO 0) 1 t O N M N OD I M O M 00 NT I ce - ce N c I d d M V CA N , O I Il- co fb N Cfl 0 fb M O Cfl I D N Cb M Cfl " I ce - ce N c I Cf) M CA Cfl I, O 7 N IC) O O d I V d' 00 M M Nt I O I-- It O to d' 7 N II- M LO d' I ce - ce N c I O O O D OD Iii OD Iii OD I 0 0 LO O M O I D N O N N N I Y ry W J U 0 Z H Z Z) O U U Q O O N H U) J Q Z Q W H ry H U) Z_ 0 Q O O co N Om CY) LO A N N Imo- I I� M h Cf) 00 zT f h U9- N ka f d Cf) zr 4 , Cf) f O d O LQ 00 Cfl I LO Cfl zt f h U9- N ce 1l- M Cfl O n I-- CF) Cf) f d N N I V N In Nt f D In In d I h U9- N ce LO D') N 4 1-- M I D') O �- I O D') M N f O d' d d' f V U9- N ce Cfl CN n M 00 N f V In dt .- f T 1� - O f Nt M Nt V U9- N va O O n 00 O OD I O O 00O V N , N D � f D O D O f V � f O D 00 f D O f V N f 00 O V N I D M M I D Ld I 7 � ' LO r 00 f n � f V O I A L f V � ' t>7 A 000 i V U9 - LO 00 O O 7 COD V U9- 0') LO 7 I� 00 f 7 M V � ' O D 00 f 7 O V N f Q Q Q Q Q Q Q O fb CD N N N M M M d v- 1� V7 Lq 00 Cfl r �- M Cf) 00 O 00 D) 00 D) D) D) N N f t d O Imo- V) O CD 00 1- M M M M 7 0 I- M T I- M N N I- d' I- O N E M 00 d I Ld 6 Cfl M M I-- d M Ld O Cf) f - 60� N 60� M UD- M fD UD- N UD- M UD- M ce f �- M 00 Cfl LO LO M M I� 0) N (fl d 0) D Cf) fb I-- N D.) 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TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 3/9/2018 111-11 V 03 SUBJECT: Resolution setting salaries and related benefits for the officers and employees of the General Supervisory, Police Supervisory, and Management Units. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Traditionally, the resolution setting salaries and related benefits for the officers and employees of the General Supervisory, Police Supervisory, and Management Units is updated following the conclusion of the negotiation process between the City and its Blue and White Collar Employees (represented by SEI U Local 521). The update to the supervisory and management resolution is done to reflect any applicable adjustments that are extended to the covered groups as a result of the completed negotiation process with SEIU, BPOA (as it relates to the Police Supervisory Unit - Police Sergeants) and BFLO (as it may relate to Fire Management Unit). The Council recently approved new Memorandums of Understanding (MOU) with the City's Police and Fire Safety Units (BPOA and BFLO) on May 9, 2018. Under a separate item on this evening's agenda, the Council will consider approval of a new MOU with the City's Miscellaneous Employees (Blue and White Collar Units - represented by SEI U Local 521). Consistent with Council approved guidelines and historical practice, the attached resolution includes the following components that are being recommended for the General Supervisory, Police Supervisory, and Management Units: General Supervisory and Management (consistent with the Blue and White Collar/ SEI U MOU): • COLA: No COLA through June 30, 2019 (SEl U MOU term expires December 31, 2019); • Wage Reopener: June 30, 2019; • One -Time Payment: All supervisory and management employees employed on July 1, 2018 shall receive a one-time payment of $750; and • Residency Requirement: Increase from 45 minutes to one hour from City limits; Fire Management (consistent with a portion of the BFLO MOU): • Same items as identified for General Supervisory and Management above; and • Uniform Allowance: Increase from $1,050 to $1,300 annually. Police Supervisory - Sergeants (consistent with BPOA MOU): • COLA: No COLA through June 30, 2019 (expiration of BPOA MOU); • Minimum Callback Time: Increase from 3 hours to 4 hours; • Standby Pay: Change from $40 per 8 hours to $40 for 4 hours or $60 if over 4 hours; • Compensatory Time Off Maximum Accrual: Increase from 100 hours to 160 hours; • Shift Trade Program: Establishment of a shift trade program; and • Night -Shift Differential: Provides for an additional $.90 per hour worked between the hours of 7:00 p.m. and 7:00 a.m. ATTACHMENTS: Description Type ReSdUdOlrl Setting abides and Rdated IBeirnefts for D Officeirs and Eirnpbyees of the Gein&4SUpeiMsoiry Pohce IBackUup IMateir4� SUpeirvisoiry and IMainageirnint UiNts D Sabiry Schedde IMa ina,clerne int and SUpeirvisoiry BackU�p IMate irla.� RESOLUTION NO. A RESOLUTION SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES OF THE GENERAL SUPERVISORY, POLICE SUPERVISORY AND MANAGEMENT UNITS. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for officers and employees of the City; and WHEREAS, the Council has determined what such salaries and related benefits should be for such officers and employees of the City to be in effect on July 1, 2016 WHEREAS, the City has established definitions of employees and recognizes those deemed as Management, General Supervisory (to include Communications Center Supervisors) and Police Supervisory (to include Police Sergeants) to be covered within this Resolution. SECTION 1. Resolution No. — 080-13 and all amendments are superseded by this Resolution. SECTION 2. Term of Agreement This Resolution shall commence on July 1, 2015 and expire at 12:00 midnight on December 31, 2019, for the General Supervisory, Police Supervisory, and Management Units. SECTION 3. Salary Schedule Attachment "A" is the salary schedule effective July 1, 2015 through December 31, 2019 and is hereby adopted and incorporated into this Resolution as though fully set forth herein, thereafter this Resolution shall be published in printed form. Salaries shall remain unchanged for the term of this agreement. On July 1, 2018, every active employee of the General Supervisory and Management Units shall receive a one-time payment of seven hundred and fifty dollars ($750). Payment is to be made on the second pay period in July. The City may reopen negotiations for salary adjustments if salary compaction issues are created in a department due to salary settlements for subordinate employees in that department during the term of this resolution. SECTION 4. Car and Mileage Allowances A. Effective March 20, 2006, department heads who are not furnished an official City car, or regularly utilize a pool vehicle for daily business, shall be reimbursed for automobile use at the rate of ONE HUNDRED TWENTY DOLLARS ($120.00) per week. Members of the City Council shall be reimbursed for automobile use at a rate equivalent to that designated for department heads. B. Effective March 20, 2006, Management employees not furnished an official City car, or regularly utilize a pool vehicle for daily business and who are not department heads shall be reimbursed at the rate of twenty-five percent (25%) of the Department Head allowance. C. Effective March 20, 2006, future automobile allowance rates will be increased annually thereafter on January 1St based upon the percentage annual increase of the IRS mileage reimbursement rate. If the IRS mileage reimbursement rate decreases in any given year, no change to the automobile allowance will be made. D. Mileage allowances on the above where the car is in use on City business shall be allowed based upon factors of gasoline costs and maintenance costs; provided, however, that City officers named in Subsection A. shall receive mileage allowances only for out-of-town travel on City business. E. The car allowance provided in Subsection A. shall be annually determined based upon the factors of leasing costs, gasoline costs and up -keep cost increases, if any, from year to year. SECTION 5. Medical and Dental Insurance All future meeting and conferring and decisions regarding the structure of medical/dental insurance coverage shall take place through the Joint City/Employee Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31 of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual Units. Medicare Coverage. Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage whether through the City of Bakersfield, other employers, spouse/domestic partner coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. The City shall provide the surviving spouse/domestic partner and eligible dependent (s) of any deceased employee with the health and welfare benefit contribution that had been made on behalf of the employee prior to their death. Retiree Medical — Management, Police Supervisory and General Supervisory Units a) Retiree Medical — Employees Hired Prior to April 1, 1996. For retired employees hired by the City prior to April 1, 1996, who retire following fifteen (15) years of permanent service or retire due to disability, eligibility for and contributions towards retiree medical insurance shall be as originally set forth in City Council Resolution #227-88 and herein set forth: A. Retired employees enrolled under the City's health plan shall receive city contributions based on the following formula: Participation in the City retiree medical insurance plan will be offered to those employees who retire following fifteen (15) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service, to the nearest quarter year, up to a maximum of 30 years (90%), of the lower of the HMO or Fee -For -Service Single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e., single rate without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. B. Forty-two (42%) percent of the actual premium for the "Fee for Service" Retiree Health Plan shall be paid by the City and the balance of the premium shall be calculated and paid pursuant to the formula in "A" above. C. Retired employees covered under the HMO Insurance plans shall only receive the City contributions under the formula in "A" above. Participation in the City retiree medical insurance plan will be offered to those employees hired after April 1, 1996 and before March 22, 2006, who retire following twenty (20) years of regular service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service up to a maximum of 30 years (90%), of the lower of the HMO or Fee -For -Service Single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. b) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage (Part A or B) whether through the City of Bakersfield, other employers, spouse coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's retiree medical plan. c.) Employees hired after April 1, 1996 shall not be eligible to receive the 42% Fee -For -Service plan subsidy. d) Management and supervisory employees hired after February 22, 2006, shall not be eligible to receive retiree medical insurance. SECTION 6. Life Insurance The City shall provide a basic term life insurance policy for employees included within this Resolution. In addition, the City shall provide contributions toward a life insurance plan as follows: Basic Life Benefit — up to $2,000 plus, 1 times Basic Annual Salary, rounded to the nearest $1, 000, up to a maximum of $100,000. Line of Duty Death Benefit — Including the prescribed death benefits defined in Labor Code Section 4701 et. al, the City shall pay all reasonable funeral and burial expenses to a maximum of $20,000 for a Bakersfield employee who dies as the direct result of an on -duty related injury. SECTION 7. Administrative Leave Employees covered by this resolution, excluding Police Supervisory (Police Sergeants) which are not eligible for Administrative Leave by prior agreement, may be granted administrative leave under Section 2.84.620(d) of the Bakersfield Municipal Code and Administrative Rule Number 3.2 with the approval of the department head and the City Manager. The Supervisory Units may use up to 3 days consecutively of administrative leave. SECTION 8. Uniform and Tool Allowance The City shall provide a uniform allowance paid on a bi-weekly basis as follows: A. Police Management, Police Supervisory and Fire Management, (safety members) shall receive the same allowance provided for represented Fire and Police employees. B. Fire and Police Communications Center Supervisors and Miscellaneous Management, who are required to wear a uniform shall be provided with FIVE HUNDRED EIGHTY DOLLARS ($580) per year. Animal Control Supervisors required to wear a uniform shall be provided with EIGHT HUNDRED FIFTY DOLLARS ($850) per year. C. General Supervisory employees required to wear uniforms will be furnished uniforms at no cost to the employee. D. General Supervisory employees who are required to provide a full complement of hand tools shall be reimbursed for replacement of such tools up to FOUR HUNDRED TWENTY FIVE DOLLARS ($425) annually, effective January 1, 2007. SECTION 9. Accumulated Sick Leave Payment of accumulated sick leave in event of death or resignation of a member of the Management Unit, General Supervisory Unit and Police Supervisory Unit shall be as follows: A. One-half ('/2) of the unused sick leave shall be paid to the member's beneficiary or estate in the event of such member's death prior to his separation from City employment after ten (10) years service. B. One-half ('/2) of the unused sick leave shall be paid to a Police Supervisory employee whose employment is terminated for any reason, other than discharge, after ten (10) years service. Police Supervisory employees that retire with an eligible service retirement shall be entitled to a service sick leave pay -out and receive an additional 25% of accrued sick leave compensation at the time of retirement. C. Seventy-five percent (75%) of the unused sick leave shall be paid to a Management Unit or General Supervisory Unit employee, whose employment is terminated for any reason, other than discharge, following five (5) years service. SECTION 10. Sick Leave Conversion General Supervisory, Police Supervisory and Management employees accrue sick leave at the rate of twelve (12) days per calendar year, with a maximum accrual of one hundred twenty (120) days. An employee who has an accrued balance at the end of the calendar year, which exceeds one hundred twenty (120) days will receive one hundred percent (100%) of his/her accruals in excess of one hundred twenty (120) days as vacation and may convert and be paid for up to seventy-five (75%) of that amount of vacation. The amount to be converted must be designated by the employee no later than the following January 31, which will be paid to employee the second pay day in February. Employees receiving the above conversion will not receive any sixty (60) to one hundred twenty (120) day conversion of sick leave for that calendar year. The previously established non -conversion sick leave "bank" will no longer exist for this group. SECTION 11. Holidays A. All eligible management and supervisory employees shall observe the following eight—hour holidays with pay: Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day New Year's Day Three Floating Holidays, as provided below. Employees shall also receive every day designated by the City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays. During the time of any leave of absence without pay employees will not be eligible for Holiday Pay. B. Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday, the previous Friday shall be observed as a holiday. C. Employees assigned to seven—day per week shift schedules shall observe the actual, not the observed holiday. D. Floatinq Holidays. Each employee in the General Supervisory, Police Supervisory and Management Units not working on a shift basis, who is employed by the City when floating holiday is credited, shall be eligible for floating holiday(s). Floating holiday(s) must have prior departmental approval and shall be consistent with the efficient operation of the affected department and its activities. Floating holidays shall be utilized as follows on years that Christmas and New Years fall on: Saturday, Sunday, or Monday, three floating holidays will be credited to employees. Tuesday, Wednesday, or Friday, Christmas and New Years eve will be observed as full day holidays and one floating holiday will be credited each employee. Thursday, the Fridays following Christmas and New Years will be observed as full day holidays and one floating holiday will be credited each employee. Floating holidays not observed as Christmas or New Year's Eve shall be credited and available by July 1 of each year. E. Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday, none of the above shall be observed as a holiday. Employees assigned to seven-day per week shift schedules shall observe the actual, not the observed holiday. F. Eligibility. All probationary and full-time employees except those employees who are absent without pay one-half ('/2) day or more immediately before and/or after the holiday, shall be eligible to observe holidays in the manner herein provided. G. Holiday Work. When General Supervisory and Police Supervisory are required to work on a holiday, the eligible employee shall be credited for the holiday once at the straight time rate and shall be credited once again for the actual time worked as overtime at the employee's applicable overtime rate. General Supervisory Unit employees working on a holiday designated in Subsection A. shall be credited for overtime at time and one-half. H. Holidays on Day Off. When a holiday falls on an employee's scheduled day off, the eligible employee shall be credited for the holiday as overtime at the straight time rate. I. Designated Holidays and Manner of Payment for Holiday Work on Shift Basis —All eligible employees in the Fire/Police (Safety) Management, Police Supervisory and Communications Center Supervisory Unit working on a shift basis, without regard to holidays, are entitled to thirteen (13) holidays to be paid at straight time. J. Shift Trades. With department approval, Police Supervisory employees in the same rank and assignment may exchange shifts. Shift exchanges must be completed (paid back) no later than the pay period following the initial exchange. SECTION 12. RETIREMENT In addition to amounts presently paid by City, the City shall pay the following contribution to PERS (Public Employees Retirement System) normally paid by the employee: A. Public Employees Retirement System Contribution 1. General Supervisory - At the beginning of the employees sixth (6t") cumulative year of service, the city shall pay (8%) on behalf of the employee for those hired prior to January 1, 2013. Those hired after January 1, 2013 and are not classic members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA), will pay half of normal pension cost as established by CalPERS upon hire. Effective July 14, 2014, all employees hired prior to January 1, 2013 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater. 2. Police Supervisory - At the beginning of the employees sixth (6t") cumulative year of service, the city shall pay (9%) on behalf of the employee for those hired prior to January 1, 2011. Those hired after January 1, 2011, and prior to January 1, 2013, will pay 100% of the PERS member contribution. Those hired after January 1, 2013, and are not classic members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) will pay half of normal pension cost as established by CalPERS upon hire. Effective July 1, 2013 Police Sergeants hired before January 1, 2011 will contribute 0.5% towards pension cost with an additional 0.5% effective July 14, 2014 for a total of 1.0%. 3. Police and Fire Management (Safety) - The City shall pay nine percent (9%) on behalf of the employee for those hired prior to January 1, 2011. Those hired after January 1, 2011, and prior to January 1, 2013, will pay 100% of the PERS member contribution. Those hired after January 1, 2013 and are not classic members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) will pay half of normal pension cost as established by CalPERS upon hire. Effective July 14, 2014, all employees hired prior to January 1, 2011 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater. 4. Management Unit, except Police and Fire Management (Safety) — The City shall pay eight percent (8%) on behalf of the employee. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) will pay half of normal pension cost as established by CalPERS upon hire. Employer Paid Member Contributions (EPMC) shall be reported as salary earnings for retirement credit for Management, Police Supervisory and General Supervisory beginning January 1, 2003, for those employees with five (5) years or more cumulative employment with the City. Effective July 14, 2014, all employees hired prior to January 1, 2013 will contribute the amounts set forth above or one-half of one percent (.5%) towards the employee retirement contribution; whichever is greater. 5. The City implemented the PERS option 2 Death Benefit for Miscellaneous Management and General Supervisory on March 30, 2009; for Fire Management (Safety) on April 11, 2011; for Police Management and Police Supervisory (Safety) on January 13, 2014. B. Public Employees Retirement System Formulas Management and General Supervisory (excluding Safety) - Employees hired prior to December 20, 2008 will be eligible for the 3% @ age 60 plan and retirement is based on one year compensation. Those hired on, or after, December 20, 2008 are eligible for the 2.7% @ age 55 plan and retirement is based on three year compensation. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) will be eligible for the 2% @ 62 plan and retirement is based on three year compensation. 2. Police and Fire Management (Safety) and Police Supervisory - Those hired prior to January 1, 2011 will be eligible for 3% @ age 50 and retirement is based on one year compensation. Those hired on, or after, January 1, 2011 will be eligible for 2% @ age 50 and retirement is based on three year compensation. Those hired after January 1, 2013 and are not legacy members as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) will be eligible for the 2.7% @ 57 plan and retirement based on three year compensation. SECTION 13. Longevity Pay The City shall compensate employees for longevity as follows: A. General Supervisory Units - Effective the first full pay period in April 1984, the City will institute a Longevity Pay Program for Unit members as follows (the amounts are not cumulative): 1. Ten (10) or more uninterrupted years of City employment - two percent (2%) of base pay. 2. Fifteen (15) or more uninterrupted years of City employment - four percent (4%) of base pay. 3. Twenty (20) or more uninterrupted years of City employment - six percent (6%) of base pay. Employees hired after January 1, 1985, shall not be eligible for longevity pay. SECTION 14. Incentive Pay City shall contribute an additional five percent (5%) of employee's base salary to all Police Management and Police Supervisory employees possessing either an Intermediate or Advanced Certificate, or both, issued by the Police Officers Standards and Training Commission (P.O.S.T.). Police Sergeants in possession of a POST Supervisory Certificate shall receive an additional five (5%) of base pay (total of 10%). Employees promoting to Police Supervisory receiving incentive pay for an advanced certificate shall continue to receive the pay for up to 24 months pending qualification for the Supervisory Certificate. Maximum incentive pay in all cases is (10%) ten percent. City shall contribute an additional five percent (5%) of employee's base salary to Fire Management personnel holding an Associate in Arts Degree which fulfills all requirements of a Fire Science Certificate and five (5) years employment with the Bakersfield Fire Department, or two and one-half percent (2'/2%) of employee's base salary for those safety personnel in the Bakersfield Fire Department who have obtained a Fire Science Certificate requiring thirty (30) units and eight (8) years employment of Fire Management Certificate requiring twenty-one (21) units and eight (8) years employment with the department. SECTION 15. Hazard Pay: Police Supervisory Hazardous duty pay for motorcycle duty, SWAT and bomb squad members shall be One Hundred Forty ($140.00) dollars per month. SECTION 16. Shift Differential General Supervisory employees shall receive an increased shift differential of $.90 per hour 3 p.m. to midnight and $1.25 between 12 midnight and 7 a.m., effective January 1, 2007. Police Supervisory employees shall receive a shift differential of $.90 per hour for the hours worked between 7 p.m. and 7 a.m. SECTION 17. Stand -By Pay Effective March 22, 2006, General Supervisory employees designated by management who are directed to remain on stand-by, pursuant to Section 2.84.270 of the Bakersfield Municipal Code, shall receive FORTY DOLLARS ($40.00) per each eight (8) hours on stand-by or fraction thereof. Police Supervisory employees, when officially designated by management to remain available to return to work at any time during specific hours outside of normal working hours, shall receive forty dollars ($40) per each four (4) hours or fraction thereof on stand-by; or sixty dollars ($60) if the employee is on stand-by for over four (4) hours. Such pay shall be in addition to any call-back compensation. To the extent feasible, the parties agree that stand-by shall be assigned on an equitable basis to all eligible employees. Police Supervisory employees called back shall receive a minimum of four (4) hours compensation. SECTION 18. Additional Working Shift Compensation In consideration for working an additional full shift, in addition to regularly scheduled duty shifts, Police Lieutenants will be compensated at straight time for each such additional full shift worked. SECTION 19. Overtime: Supervising Fire Dispatchers Supervising Fire Dispatchers will be compensated for overtime worked at time and one-half. SECTION 20. Overtime: Communications Center Supervisors Effective March 20, 2006, Communications Center Supervisors will be compensated for overtime worked at a straight hourly rate and will receive an additional 3.5% of salary in lieu of overtime at time and one half. SECTION 21. Compensatory Time off -Maximum Accrual Compensatory time off accrual maximum for Police Supervisory employees shall be one hundred and sixty (160) hours. SECTION 22. Residency Requirement The residency requirement for General Supervisory Unit employees shall be amended to require that employees maintain residency within one (1) hour normal driving time from City Limits. Normal driving time shall be defined as driving the most direct route at the posted speed limit. Employees must comply with the residency requirement within six months of passing probation. SECTION 23. Physical Assessment Program Up to one time each eighteen (18) month period starting January 1, 1995 for Police Supervisory Unit (Non -Safety) employees and starting January 1, 1996 for Management Unit employees, the City will offer these employees the opportunity to receive a comprehensive physical assessment and follow-up counseling session. The Assessment will measure: Cardiovascular fitness Blood pressure Blood composition (cholesterol, etc.) Body composition Muscular endurance Flexibility Starting September 27, 2011 Police Supervisory (Police Sergeants) will be eligible for a physical assessment at least once during each fiscal year. The assessment will include those items listed above in addition to a PSA (for employees 45 years of age or older, upon specific request). When indicated by initial results, follow-up testing will be performed. Results of the assessment will be confidential and for the individual employee's use only. The City will receive composite data to be used in evaluating the need for training, seminars, etc. The program will be provided on work time and will be voluntary. SECTION 24. Witness/Jury Duty The City shall amend its Administrative Policy and Procedure regarding jury duty to provide for paid leave when an employee is subpoenaed to appear as a witness in court in Kern County on matters of civic concern. Examples of matters of civic concern would include criminal matters, accidents, etc. SECTION 25. Vacation Annual vacation accrual will be as set forth in the Bakersfield Municipal Code, Section 2.84.350. Maximum vacation accrual shall be three (3) years' annual accrual. Between 5 to 10 years of service, the maximum vacation accrual shall be increased to three (3) years and three (3) days. After ten (10) years of service, the maximum accrual shall be increased to three (3) years and nine (9) days. SECTION 26. Unit Representation Change Effective June 1, 1992, the Communications Center Supervisors will become part of the Police Supervisory Unit as Non -Safety members. Effective January 1, 2005 employees of the Communications Supervisory classification were incorporated into the General Supervisory group. This was in relationship to the Police Sergeants being granted representation through the Bakersfield Police Officer Association. The Police Sergeants were covered by this resolution prior to 2005 but had left after formal request, and approval, of the City Manager in April 2004. The Police Sergeants were returned under this resolution as, Police Supervisory Unit, after formal request was made to the City Manager and approved effective September 27, 2011. SECTION 27. Payroll Effective immediately, all payroll changes shall take place at the nearest pay period. Direct Deposit - Effective January 8, 1996, all Management employees shall participate in direct deposit for payroll purposes. SECTION 28. Bi-linqual Pay Police Supervisory Unit employees capable of speaking Spanish shall be eligible to receive an additional ONE HUNDRED DOLLARS ($100.00) per pay period and Communications Center Supervisor employees capable of speaking Spanish shall be eligible to receive an additional FORTY DOLLARS ($40.00) per pay period. During the time of any leave of absence without pay employees will not be eligible for bilingual pay. All personnel shall utilize any language skills they possess to the best of their ability in handling their responsibilities on a non regular basis without compensation. To be eligible, an employee must: 1) Pass the test demonstrating conversational fluency in Spanish; 2) Pass periodic retests in language skills; and 3) Serve as translators as required. fluency in Spanish; 2) Pass periodic retests in language skills; and 3) Serve as translators as required. Additional languages may be added by the Chief of Police. Notwithstanding the above, all personnel shall utilize any language skills they possess to the best of their ability in handling their responsibilities. In case of an emergency, all employees will use whatever language skills they possess to assist to the maximum extent possible. � 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: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY Acting CITY CLERK and Ex Officio Clerk of the council of the City of Bakersfield APPROVED KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, City Attorney In VIRGINIA GENNARO City Attorney Attachment: Attachment "A" ��L�C•�L�C•�L�L�L�C•�L�L�L�L�L�L�C•�C•�C•� C•� C•� C•� C•� LO LO O Ch N N co Cb O Cb Ch N N fl- fl- N fl- O O O Cfl O O r r tf ) Cfl Cb Cfl Cl? r Cl? 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/12/2018 111-11 V 03 SUBJECT: Resolution of Intention No. 1966 preliminarily adopting, confirming, and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2018-19 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. Staff recommends adopting the resolution of intention. BACKGROUND: On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council policy on Park Maintenance and Street Landscaping Assessments, which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District (CMD). Assessment rates for all existing developments prior to that were not increased and the rates remain at the 2004-05 level. Since January 12, 2005, all new territories added to the CMD that benefit from public parks and/or street landscaping have been assessed and will continue to be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. 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. This resolution of intention preliminarily approves the Public Works Director's Report, attached hereto as Exhibit 1, which includes the benefit formula and proposed 2018-19 budget for the CMD in its entirety. The benefit formula and proposed budget are attached to the Public Works Director's Report as Exhibit A and B, respectively. The proposed CMD budget of $7,268,310.38 is a 5.4 percent over the previous year's budget of $6,896,255.91. The 2018-19 proposed CMD budget for park landscaping is $2,925,891.72. Each territory currently within the CMD was individually added by Council resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each territory within the CMD are on file in the City Clerk's Office with its respective Council resolution. This resolution of intention sets the protest hearing for the Council meeting on Wednesday, June 6, 2018. ATTACHMENTS: Description D RG� #1966 D RG#1966 EkNNtl D RG#1966 EkN N t /k D RG#1966 EkNNt IB Type Resokltblrl Exhbt Exhbt Exhbt RESOLUTION OF INTENTION NO. 1966 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING, AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2018-2019 BUDGET AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and 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 "I", which includes the following attachments: a) the benefit formula, attached to the Director's Report as Exhibit "A"; b) the proposed 2018-2019 budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B"; and WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within the Consolidated Maintenance District by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. 3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California. S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Park I andscan1na\R01 1966.docx 05123118 CC A GENDA PA CKET PG 146 4. The City Council hereby sets WEDNESDAY, JUNE 6, 2018, AT 5:15 P.M., or as soon 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: ■ Fairness of the benefit formula; ■ Zone of benefit including tier level; ■ The amount of the park landscaping assessment on any parcel of property to be assessed; and ■ Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above -listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Park I andscanina\ROI 1966.docx 05123118CC A GENDA PA CKET PG 147 HEREBY CERTIFY that the foregoing Resolution of Intention was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN , SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY 1-2 RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Park I andscan1na\R0I 1966.docx 05/23/1 CC C i 148 PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2018-2019 The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk. The 2018-2019 budget for the Consolidated Maintenance District, Exhibit "B," is attached hereto and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms. The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Park Landscaping \Director's Report.docx EXHIBIT 1 The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. No assessment for park benefits is made on non-residential lots. Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. 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. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2018-2019, attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll for the Consolidated Maintenance District for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated: NICK FIDLER Public Works Director City of Bakersfield S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Park Landscaping \Director's Report.docx EXHIBIT 1 BENEFIT FORMULA CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD Each parcel in the Consolidated Maintenance District shall be assessed the sum of the amounts as defined below: Rate: The rate shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District as approved by City Council Resolution 019-15 and incorporated herein. As per that 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 within the Consolidated Maintenance District are established by the Parks and Recreation Department through separate policy. FORMULA TOTAL ASSESSMENT AMOUNT = ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU'S + ANY COUNTY FEES.) PARK RATE AND STREET RATE: Amount assessed annually based upon either the proposition 218 ballots or if the parcel joined prior to proposition 218, the rate in effect when proposition 218 was passed in November 1996. PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Parks and Recreation Department and is based upon the level of amenities in proximity to the parcels receiving special benefit. COUNTY FEE: Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this assessment on the annual Tax roll. The fee for the 2017-2018 tax year is $0.28 per billed parcel. EDU's: EDU's or Equivalent Dwelling Units are assigned by the Bakersfield Planning Department as the theoretical maximum population density by planning zone. If a parcel is completely developed, then the actual number of dwelling units will be used for this value. Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or Conditional Use Permit. Exhibit "A" EXHIBIT "B" 2018-2019 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & PARK MAINTENANCE (City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required $2,925,891.72 Gross Street Budget Amount Required $6,769,728.28 Less: City Contributions per Resolution 63-96 $2,427,309.62 NET AMOUNT TO BE ASSESSED $7,268,310.38 ** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/12/2018 111-11 V 03 SUBJECT: Resolution of Intention No. 1967 preliminarily adopting, confirming, and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2018-19 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. Staff recommends adopting the resolution of intention. BACKGROUND: On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council policy on park maintenance and street landscaping assessments that enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District (CMD). Assessment rates for all existing developments prior to that were not increased and the rates remain at the 2004-05 level. Since January 12, 2005, all new territories added to the CMD that benefit from public parks and/or street landscaping have been assessed and will continue to be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. 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. This resolution of intention preliminarily approves the Public Works Director's Report, attached hereto as Exhibit 1, which includes the benefit formula and proposed 2018-19 budget for the CMD in its entirety. The benefit formula and proposed budget are attached to the Public Works Director's Report as Exhibit A and B, respectively. The proposed CMD budget of $7,268,310.38 is a 5.4 percent increase over the previous year's budget of $6,896,255.91. The 2018-19 proposed CMD budget for street and median landscaping is $6,769,728.28. Each territory currently within the CMD was individually added by Council resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each territory within the CMD are on file in the City Clerk's Office with its respective Council resolution. This resolution of intention sets the protest hearing for the City Council meeting on Wednesday, June 6, 2018. ATTACHMENTS: Description D RG� #1967 D RG41967 EkNNtl D RG41967 ExhbUk D RG41967 EkNNtB Type Resokltblrl Exhbt Exhbt Exhbt RESOLUTION OF INTENTION NO. 1967 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2018-2019 BUDGET AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF STREET AND MEDIAN LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and 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 "I", which includes the following attachments: 1. the benefit formula, attached to the Director's Report as Exhibit "A"; 2. the proposed 2018-2019 budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B"; and WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within the Consolidated Maintenance District by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. 3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California. S:VROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Street-Median Landscaping\ROI 1967.docx 4. The City Council hereby sets WEDNESDAY, JUNE 6, 2018, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1600 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: ■ Fairness of the benefit formula; ■ Zone of benefit including tier level; ■ The amount of the park landscaping assessment on any parcel of property to be assessed; and ■ Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above -listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S:VROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Street-Median Landscaping\ROI 1967.docx HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY RICHARD IGER DEPUTY CITY ATTORNEY Attachments: Exhibit "1" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Street-Median Landscaping\ROI 1967.docx PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2018-2019 The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the Consolidated Maintenance District within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk. The 2017-2018 Budget for the Consolidated Maintenance District, Exhibit "B" is attached hereto and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms. The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Street-Median Lan dscaping\Director's Report.docx EXHIBIT 1 The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. No assessment for park benefits is made on non-residential lots. Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. 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. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2018-2019, attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll for the Consolidated Maintenance District for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated: NICK FIDLER Public Works Director City of Bakersfield S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\CSMD\Street-Median Lan dscaping\Director's Report.docx EXHIBIT 1 BENEFIT FORMULA CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD Each parcel in the Consolidated Maintenance District shall be assessed the sum of the amounts as defined below: Rate: The rate shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District as approved by City Council Resolution 019-15 and incorporated herein. As per that 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 within the Consolidated Maintenance District are established by the Parks and Recreation Department through separate policy. FORMULA TOTAL ASSESSMENT AMOUNT = ((PARK RATE X PARK TIER) + (STREET RATE X STREET TIER) X EDU'S + ANY COUNTY FEES.) PARK RATE AND STREET RATE: Amount assessed annually based upon either the proposition 218 ballots or if the parcel joined prior to proposition 218, the rate in effect when proposition 218 was passed in November 1996. PARK TIER AND STREET TIER: The factor for the tier level is assigned by the Parks and Recreation Department and is based upon the level of amenities in proximity to the parcels receiving special benefit. COUNTY FEE: Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this assessment on the annual Tax roll. The fee for the 2017-2018 tax year is $0.28 per billed parcel. EDU's: EDU's or Equivalent Dwelling Units are assigned by the Bakersfield Planning Department as the theoretical maximum population density by planning zone. If a parcel is completely developed, then the actual number of dwelling units will be used for this value. Any parcel may be added to the City of Bakersfield Consolidated Maintenance District if they fall under the criteria as described in Bakersfield Municipal Code section 13.04 or as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or Conditional Use Permit. Exhibit "A" EXHIBIT "B" 2018-2019 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & PARK MAINTENANCE (City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required $2,925,891.72 Gross Street Budget Amount Required $6,769,728.28 Less: City Contributions per Resolution 63-96 $2,427,309.62 NET AMOUNT TO BE ASSESSED $7,268,310.38 ** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/12/2018 111-11 V 03 SUBJECT: Resolution of Intention No. 1968 preliminarily adopting, confirming, and approving the Public Works Director's Report for 22 Traffic Signal Maintenance Districts (TSMD) and the 2018-19 budgets and setting the time and place for hearing protests on the amount of assessments to be levied for each TSMD. Staff recommends adopting the resolution of intention. BACKGROUND: On September 28, 1994, the City Council passed Resolution No. 161-94 adopting a Council policy on Traffic Signal Maintenance Assessments. Developers often request permission to install traffic signals on major streets to enhance access to an adjacent development. These signals are considered convenience traffic signals, are not required by the Traffic Authority to regulate traffic flow and are installed solely at the discretion of the developer of a commercial site. The establishment of a TSMD enables the City to collect revenue for the maintenance and operation of traffic signals within a TSMD. Since July 1, 1997, each territory that creates a TSMD has been assessed and will continue to be assessed an amount consistent with the requirements of Proposition 218. 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. The current annual cost for each signal system's maintenance and operation is $3,108.21. This resolution of intention preliminarily approves the Public Works Director's Report, including the 2018-19 budget for each TSMD attached hereto as Exhibit B. Each territory comprising a TSMD was individually added by Council resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each TSMD are on file in the City Clerk's Office with its respective Council resolution. This resolution of intention sets the protest hearing for the City Council meeting on Wednesday, June 6, 2018. ATTACHMENTS: Description D RG� #1968 D RG#1968 EkNNtl D RGl #1968 EkN N t /k D RG#1968 EkNNt IB Type Resokltblrl Exhbt Exhbt Exhbt RESOLUTION OF INTENTION NO. 1968 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR TWENTY-TWO (22) TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THEIR 2018-2019 BUDGETS AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the Council approved Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals (as that term is defined in said resolution) through a maintenance district; and 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 "I", which includes the following attachments: a) the Director's Report benefit formula, attached to the Director's Report as Exhibit "A"; b) the Director's Report budget for each district, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B"; and WHEREAS, the amount of assessment to be levied against each parcel within the Traffic Signal Maintenance Districts is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within each of the Traffic Signal Maintenance Districts by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. 3. 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 are the Traffic Signal Maintenance Districts which benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon the parcels and lots within each S:VROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\TSMD\ROI #1968.docx district; and that the exterior boundaries of said Traffic Signal Maintenance Districts are hereby specified and described on the "Map and Assessment Diagram for Traffic Signal Maintenance Districts, Bakersfield, California" now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, attached as Exhibit "B" to the respective Resolution creating each Traffic Signal Maintenance District. 4. The City Council hereby sets WEDNESDAY, JUNE 6, 2018, AT 5:15 P.M., or as soon 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: ■ Fairness of the benefit formula; ■ The amount of the assessment on any parcel of property to be assessed; ■ Reservation by City of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above -listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S:VROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\TSMD\ROI #1968.docx Q HEREBY CERTIFY that the foregoing Resolution of Intention was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY RICHARD IGER DEPUTY CITY ATTORNEY Attachments: Exhibit "1" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S:\PROJECTS\MAINDIST\2018-2019 MD Info\Folder of City Info\TSMD\ROI #1968.docx PUBLIC WORKS DIRECTOR'S REPORT FOR TRAFFIC SIGNAL MAINTENANCE DISTRICTS City of Bakersfield Fiscal Year 2018-2019 The City of Bakersfield Traffic Signal Maintenance Districts are specifically described in each of the resolutions establishing the districts and approved by the city council and all are on file in the office of the City Clerk and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the districts for the cost of maintaining and operating traffic signals that benefit the various districts. The assessment includes the cost to operate, maintain, repair and replace signal poles, mast arms, signal heads, controller, cabinet, machine vision detection system, street light luminaries, conduits, wires and pull boxes, cost of energy, supervision and any and all other items necessary for the proper maintenance and operation thereof. Developers often request permission to install traffic signals on major streets to enhance access to their development. These "convenience" traffic signals are not required by the Traffic Authority to regulate traffic flow, but are installed solely at the discretion of the developer of a commercial site. Such signals do not provide a general public traffic benefit. Under the "user pay" concept, the private property deriving benefits should bear the costs of maintenance and operation of convenience traffic signals. On September 28, 1994 the City Council approved Resolution 161-94 instituting the collection of maintenance and operating costs of future convenience traffic signals through maintenance districts. The traffic signals that are operated and maintained under these maintenance districts benefit the parcels within the various districts. Each parcel is assessed an amount based on formulas set forth in each of the districts' Exhibit "C" on file with the City Clerk's Office. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Traffic Signal Maintenance Districts for FY 2018-2019, attached hereto as Exhibit "A" and "B" respectively. The Assessment Roll for the Traffic Signal Maintenance Districts for all parcels of property within the areas of benefit of the Traffic Signal Maintenance Districts, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated NICK FIDLER PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD EXHIBIT 1 TRAFFIC SIGNAL MAINTENANCE DISTRICTS CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Traffic Signal Maintenance District shall be assessed the sum of the amounts as defined below: Rate: The rate shall equal the dollar amount shown on the proposition 218 ballot used in the formation of the Traffic Signal District and approved by City Council at the time of the formation and is included as if incorporated herein. FORMULA TOTAL ASSESSMENT AMOUNT = ((ANNUAL COST OF AN AVERAGE COST OF A TRAFFIC SIGNAL X No. of Signals) / % of acreage of parcel in the district) + ANY COUNTY FEES)** ** Fee will never be greater than allowed per the prop. 218 ballot(s). If the district formed before prop 218, than the fee charged at the time prop. 218 passed will be carried over as the flat rate. AVERAGE TRAFFIC SIGNAL COST: The public works department will calculate the amount of electricity, maintenance & operation costs are involved with the average traffic signal in the City of Bakersfield. That amount will be used for this Value. % OF ACREAGE Each parcel within a specific district will be assessed based upon their acreage within their district. E.g. If an owner owns 50% of the acreage in a district, then they will pay 50% of the cost of any signals included with the district. COUNTY FEES: The County Assessors office charges a fee to collect these assessments on the regular property tax bill. For the FY 2018-2019 this fee is $0.28 per parcel billed. EXHIBIT "A" TRAFFIC SIGNAL MAINTENANCE DISTRICTS 2018-2019 BUDGET (City Staff Services or Contract, Supplies, Materials and Utilities) Cost per Signal = $3,047.26 05123118CCAGENDAPACKETPG 165 No. Of Signals Budget TS -1 Marketplace (Ming & Haggin Oaks) 1 $ 3,108.21 TS -2 NW Promenade (Rosedale & Coffee) 1 $ 3,108.21 TS -3 (Rosedale & Jet way / Rosedale & Coffee) 2 $ 6,216.42 TS -4 (Calloway & Gleneagles & Jewetta @ Milverton) 2 $ 6,216.42 TS -5 NW Promenade #2 (Rosedale & Main Plaza) 1 $ 3,108.21 TS -6 (E. Brundage & Hayes) 1 $ 3,108.21 TS -7 (Mt Vernon & N. Bernard) 1 $ 3,108.21 TS -8 (Calloway & Hageman) 1 $ 3,108.21 TS -9 Gosford Village (Gosford & Harris) 3 $ 9,324.63 TS -10 The Crossings (Stockdale & Riverrun) 1 $ 3,108.21 TS -12 (Panama & Wible) 1 $ 3,108.21 TS -13 (Panama & Stine) 1 $ 3,108.21 TS -16 (Buena Vista & White Lane) 1 $ 3,108.21 TS -17 The Grove (3015 Calloway) 1 $ 3,108.21 TS -18 Kaiser Entrance( South H & Berkshire) 1 $ 3,108.21 TS -19 Memorial Hospital (34th Street Entrance) 1 $ 3,108.21 TS -20 The Grove #2 (Panama South of S. H Street) 1 $ 3,108.21 TS -22 San Joaquin Hospital Entrance 1 $ 3,108.21 TS -23 Winco Entrance (Panama Lane and Ashe Road) 1 $ 3,108.21 TS -24 Riverlakes Galleria (Olive Drive and Calloway Drive) 1 $ 3,108.21 TS -25 Artisan Square (Brimhall Road and Allen Road) 1 $ 3,108.21 TS -26 Rio Bravo Medical Entrance (Morning Drive) 1 $ 3,108.21 Gross Budget Amount Required $ 80,813.46 NET AMOUNT TO BE ASSESSED $ 80,813.46 05123118CCAGENDAPACKETPG 165 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/23/2018 iTiff-11 1.1 SUBJECT: Resolution of Intention No. 1969 to order the vacation of the 33 foot by 264 foot alley located east of S Street and north of 13th Street in Block 375. STAFF RECOMMENDATION: Staff recommends approval of the resolution of intention. BACKGROUND: Sill Family Partnership, property owner of 1320 S Street and 525 14th Street, has requested the vacation of the 33 foot by 264 foot alley located east of S Street and north of 13th Street in Block 375, along with approval of all adjacent property owners in favor of vacating the alley. The reason for the vacation request is that property owners have concerns about the security of their properties and they would like to secure the entrances to the alley with lockable gates. The City Fire, Police, Public Works, Development Services, Recreation and Parks, GIS Departments, and the private utility companies serving the area have been notified of the request and no objections have been received as of the date of this report. The Public Works Department notes there is City sewer within the proposed area to be vacated. There are no City storm drain facilities in the proposed area to be vacated. A 33 foot public utility easement will be reserved. Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of the proposed area to be vacated. The Public Works Department has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Development Services Department on April 23, 2018, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined 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 negative effect on the environment. This resolution of intention sets the public hearing date for the regular Council meeting of June 6, 2018. ATTACHMENTS: Description Type D ReSdUdOlrl of Ilirnteinflon,1969 Resokltblrl D ExhbUk ReSOlLlt'iOlrlorf Iliriteiriti'ioiri'1969 ExhNt RESOLUTION OF INTENTION NO. 1969 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF A 33'x 264' ALLEY LOCATED EAST OF S STREET AND NORTH OF 13TH STREET IN BLOCK 375 (WARD 2) WHEREAS, the City has received a request from Sill Family Partnership to vacate the 33' x 264' alley located east of S Street and north of 13th Street in Block 375 (Ward 2); and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 on April 23, 2018, by the Planning Director. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Resolution of Intention is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council intends to order the vacation of the 33'x264' alley located east of S Street and north of 13th Street in Block 375, all in the City of Bakersfield, County of Kern, State of California, more particularly as shown on Exhibit "A" attached hereto and made part hereof. 4. The City is to reserve a 33 foot Public Utility Easement (PUE) over the vacated area of the alley located east of S Street and north of 13th Street in Block 375. 5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, June 6, 2018, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 6. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution of Intention to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. S:\STREET VACATIONS\13TH-14TH STREET ALLEY\ROI -CONSENT CALENDAR.DOC -1- 7. The City Clerk shall certify to the passage of this resolution and shall cause the same tobeposted onthe bulletin board atCity Hall, l600TmxunAvenue, inthe City ofBakersfield, within fifteen (l5)days after its passage. o:\oTnssTvAc*Towo\laTH'l4TH STnssTAusY\ncx cowoswTcALEwoAnDoc '2' I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY 1.2 RICHARD IGER Deputy City Attorney Attachments: Exhibit "A" S:\STREET VACATIONS\ 1 3TH-1 4TH STREET ALLEY\ROI - CONSENT CALENDAR.DOC -3- z 0 0 GO c-� Hca cl S SIRE E .T r FTI CA C,a� —� C) rte^. m, U) �..... -� C - FT > FTJ CAS M 0 (D < C) 0 (D Uy ,.. C..L C CG C"�.. ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/2/2018 WARD: Ward (s) 2, 6, 7 SUBJECT: Cooperative agreement with Caltrans for the Bakersfield Freeway Connector Project. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Bakersfield Freeway Connector Project includes improvements on the westbound State Route 58 (SR -58) and southbound State Route -99 (SR -99) connector. These improvements include: • Adding an auxiliary lane on westbound SR -58 from the westbound SR -58 to northbound SR -99 connector to the southbound SR -99 loop ramp. In order to construct this auxiliary lane, the bridge over SR -99 in this location, needs to be widened. • Reconstructing the westbound SR -58 to southbound SR -99 loop ramp to meet current Caltrans Geometric Standards. • Building a new structure to cross under SR -58 from the loop ramp to southbound SR -99 at a new alignment that will replace the existing structure. • Reconstructing a southbound SR -99 to the Ming Avenue off -ramp with a new braided collector -distributor connector along the outside of southbound SR -99 to take traffic to the eastbound/westbound Ming Avenue off -ramp. • Constructing soundwalls on the west side of SR -99 from Belle Terrace to Ming Avenue. In an effort to reduce bonding required to complete the construction of the Centennial Corridor, City staff working in conjunction with Caltrans, Kern Council of Governments and Parsons, have applied for various state and federal grants. As a result of these efforts, the California Transportation Commission (CTC) recently adopted the SB -1 Trade Corridor Enhancement Program (TCHP), which includes $25 million in Fiscal Year 2018-19 for the Centennial Phase 3 — Bakersfield Freeway Connector Project. Before the City can submit the funding request to the CTC, a cooperative agreement between Caltrans and the City is necessary. City staff will request an early fund allocation before the CTC during its June 2018 meeting. Caltrans and the City have collaboratively worked on the project's final design for the past several months. Upon CTC approval of allocating TCHP funds to the Bakersfield Freeway Connector Project, it is anticipated that advertising for construction bids will occur during the summer. The execution of this cooperative agreement allows the City to obtain the required encroachment permit from Caltrans and request the TCHP funding necessary to construct the project. The cooperative agreement outlines the responsibilities of the City and Caltrans regarding the construction of the project. ATTACHMENTS: Description Type D Coop /kgrait w/Ca ftirains /kgireeirneint Agreement 06-1681 Project No. 0618000213 EA 48466 06-KER-58-52.1/52.5 COOPERATIVE AGREEMENT COVER SHEET Work Description Widening the existing SR 58/SR 99 grade separation structure and realigning the westbound to southbound loop connector. Auxiliary lane and collector -distributor lanes on southbound SR 99. Contact Information CALTRANS Minerva Rodriguez, Project Manager 2015 E. Shields, Suite 100 Fresno, CA 93726 Office Phone: (559) 243-3518 Email: Minerva.Rodri_uezLdot.ca.gov CITY OF BAKERSFIELD Luis Topete, Project Manager 1600 Truxton Ave Suite 300 Bakersfield, CA 93301 Office Phone: (661) 326-3478 Email: ltopeteLbakersfieldfreeways.us Project Development Agreement 2017-02-17 (Created May 18, 2018) 0512311 g CC AGENDA PACKET hG 178 Cover Sheet AGREEMENT 06-1681 Project No. 0618000213 Table of Contents RECITALS........................................................................................................................................... 1 RESPONSIBILITIES........................................................................................................................... 3 Sponsorship...................................................................................................................................... 3 ImplementingAgency...................................................................................................................... 3 Funding............................................................................................................................................ 4 CALTRANS' Quality Management................................................................................................ 4 CEQA/NEPA Lead Agency............................................................................................................. 5 Environmental Permits, Approvals and Agreements....................................................................... 5 CONSTRUCTION........................................................................................................................... 5 Schedule........................................................................................................................................... 9 AdditionalProvisions..................................................................................................................... 10 Standards................................................................................................................................... 10 NoncompliantWork.................................................................................................................. 10 Qualifications............................................................................................................................ 10 ConsultantSelection.................................................................................................................. 10 EncroachmentPermits............................................................................................................... 11 ProtectedResources.................................................................................................................. 11 Disclosures................................................................................................................................ 11 HazardousMaterials.................................................................................................................. 12 Claims........................................................................................................................................ 12 Accountingand Audits.............................................................................................................. 13 Interruptionof Work................................................................................................................. 14 Penalties, Judgements and Settlements..................................................................................... 14 ProjectFiles............................................................................................................................... 15 Environmental Compliance....................................................................................................... 15 ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB I) ................................................. 15 GENERAL CONDITIONS................................................................................................................ 16 Venue............................................................................................................................................. 16 Exemptions..................................................................................................................................... 17 Project Development Agreement 2017-02-17 (Created May 18, 2018) 0512311 g CC ND CK ' 79 Cover Sheet AGREEMENT 06-1681 Project No. 0618000213 Indemnification.............................................................................................................................. 17 Non-parties..................................................................................................................................... 17 Ambiguityand Performance.......................................................................................................... 18 Defaults.......................................................................................................................................... 18 DisputeResolution......................................................................................................................... 18 PrevailingWage............................................................................................................................. 19 DEFINITIONS.................................................................................................................................... 20 SIGNATURES.................................................................................................................................... 21 FUNDING SUMMARY No. 01........................................................................................................... 1 FUNDINGTABLE.......................................................................................................................... 1 EXPENDITURE TABLE................................................................................................................ 1 SPENDINGSUMMARY................................................................................................................ 2 Funding............................................................................................................................................ 3 ICRPRate.................................................................................................................................... 3 Invoicingand Payment..................................................................................................................... 4 CONSTRUCTIONSupport........................................................................................................ 4 CONSTRUCTIONCapital......................................................................................................... 5 Department Furnished Materials (DFM)..................................................................................... 5 CLOSURESTATEMENT.................................................................................................................... 7 Project Development Agreement 2017-02-17 (Created May 18, 2018) 05/23/1 CC A GENDA PA CKET PG 180 Agreement 06-1681 Project No. 0618000213 EA 48466 06-KER-58-52.1/52.5 COOPERATIVE AGREEMENT This AGREEMENT, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Bakersfield, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code sections 114 and 130. 2. For the purpose of this AGREEMENT, widening the existing SR 581SR 99 grade separation structure and realigning the Westbound to Southbound loop connector. Auxiliary lane and collector -distributor lanes on Southbound SR 99. will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or Project Report). 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK: e CONSTRUCTION Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. Project Development Agreement 2017-02-17 (Created May 18, 2018) 1 of 21 05123118 CC AGENDA PACKET PG 181 Agreement 06-1681 Project No. 0618000213 4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 5. The following work associated with this PROJECT has been completed or is in progress: CALTRANS approved the Environmental Impact Report on February 8, 2016 (Cooperative Agreement No. 06-1386). 0 CALTRANS approved the Environmental Impact Statement on February 8, 2016 (Cooperative Agreement No. 06-1386). 0 CITY is developing the R/W Certification (Cooperative Agreement No. 06-1539). CITY is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 06-1539). 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. 7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. Project Development Agreement 2017-02-17 (Created May 18, 2018) 2 of 21 05123118 CC AGENDA PACKET PG 182 RESPONSIBILITIES Sponsorship Agreement 06-1681 Project No. 0618000213 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT. PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System. 9. CITY is the SPONSOR for the WORK in this AGREEMENT. Implementing Agency 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. CITY is the Construction IMPLEMENTING AGENCY. CONSTRUCTION work includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION Capital) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION Support). 11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for the WORK in that component. The Quality Management Plan describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The Quality Management Plan will include a process for resolving disputes between the PARTIES at the team level. The Quality Management Plan is subject to CALTRANS review and approval. 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK -related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. Project Development Agreement 2017-02-17 (Created May 18, 2018) 3 of 21 05123118 CC AGENDA PACKET PG 183 Agreement 06-1681 Project No. 0618000213 Funding 13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT. 14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT. 15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 16. Federally ineligible work shall not be paid with a Federal or Local -Federal fund type, or the portion of a non -Federal fund type used as a match for a Federal or Local -Federal fund type. PARTIES shall ensure any fund type used for federally ineligible work will not exceed proportional share of fund type within PROJECT COMPONENT. 17. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 18. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS' Quality Management 19. CALTRANS, as the owner/operator of the State Highway System, will perform quality management work including independent quality assurance (IQA) and owner/operator approvals for the portions of WORK within the existing and proposed State Highway System right-of-way. 20. CALTRANS' independent quality assurance (IQA) efforts are to ensure that CTTY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). An IQA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. Project Development Agreement 2017-02-17 (Created May 18, 2018) 4 of 21 05123118 CC AGENDA PACKET PG 184 Agreement 06-1681 Project No. 0618000213 When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to CALTRANS due to its IQA. 21. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 22. CITY will provide WORK -related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work. CEOA/NEPA Lead A2encv 23. CALTRANS is the CEQA Lead Agency for the PROJECT. 24. CALTRANS is the NEPA Lead Agency for the PROJECT. Environmental Permits, Approvals and Agreements 25. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTIES responsibilities in this AGREEMENT. 26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 27. The PROJECT will not require environmental permits/approvals. CONSTRUCTION 28. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. Project Development Agreement 2017-02-17 (Created May 18, 2018) 5 of 21 05123118 CC AGENDA PACKET PG 185 Agreement 06-1681 Project No. 0618000213 29. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities: 30. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing. 31. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing. 32. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal. 33. CALTRANS will not issue an Encroachment Permit to CITY for construction work until the following conditions are met: 0 CALTRANS accepts the final plans, specifications, and estimate 0 CALTRANS accepts the Right -of -Way Certification • Any new or amended Maintenance Agreement required for the WORK are executed. 34. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 35. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. 36. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within fifteen (15) working days. If no agreement is reached within fifteen (15) work days the IMPLEMENTING AGENCY will not award the construction contract. Project Development Agreement 2017-02-17 (Created May 18, 2018) 6 of 21 05123118 CC AGENDA PACKET PG 186 AGREEMENT CALTRANS Work Breakdown Structure Identifier (If Applicable) Funded Cost 100.20. 10.xx Quality Management No 30. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing. 31. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing. 32. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal. 33. CALTRANS will not issue an Encroachment Permit to CITY for construction work until the following conditions are met: 0 CALTRANS accepts the final plans, specifications, and estimate 0 CALTRANS accepts the Right -of -Way Certification • Any new or amended Maintenance Agreement required for the WORK are executed. 34. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 35. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. 36. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within fifteen (15) working days. If no agreement is reached within fifteen (15) work days the IMPLEMENTING AGENCY will not award the construction contract. Project Development Agreement 2017-02-17 (Created May 18, 2018) 6 of 21 05123118 CC AGENDA PACKET PG 186 Agreement 06-1681 Project No. 0618000213 37. CALTRANS will not issue an Encroachment Permit to CITY's construction contractor until CALTRANS accepts: • The payment and performance bonds • The CONSTRUCTION Quality Management Plan 38. The CONSTRUCTION Quality Management Plan will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job -site. The construction material and source inspection Quality Management Plan is subject to review and approval by the State Materials Engineer. 39. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma -Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests. 40. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities. 41. CITY will implement changes to the construction contract through Change Orders. PARTIES will review and concur on all Change Orders over $10,000. 42. CALTRANS will review and concur with: Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP). 43. If CONSTRUCTION CAPITAL is funded with state or federal funds then CITY will administer and process all construction contract claims using a CALTRANS-approved process. CALTRANS will provide quality management work for the claims process. Project Development Agreement 2017-02-17 (Created May 18, 2018) 7 of 21 05123118 CC AGENDA PACKET PG 187 Agreement 06-1681 Project No. 0618000213 44. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System. 45. CITY will submit a written request to CALTRANS for any Department Furnished Material (DFM) identified in the PROJECT plans, specifications, and estimate a minimum of sixty (60) working days prior to the construction start of work. CITY will submit a written request to CALTRANS for any additional Department Furnished Materials deemed necessary during the PROJECT construction. CALTRANS will make the Department Furnished Materials available at a CALTRANS- designated location. 46. CITY may request CALTRANS to complete portions of CONSTRUCTION SUPPORT work as reimbursed engineering services. Should CALTRANS agree to perform the requested services, PARTIES will document the arrangement in a written Task Order. Such an arrangement does not change the responsibilities assigned in this AGREEMENT. Engineering services requested by CITY and provided by CALTRANS during CONSTRUCTION are to be reimbursed from the funds obligated in this AGREEMENT. 47. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System within the PROJECT limits as part of the construction contract until the following conditions are met: • Any required Maintenance Agreements are executed for the portions of State Highway System for which relief of maintenance is to be granted. 0 CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof. 48. PARTIES confirm that upon WORK completion, no maintenance agreement will be necessary. 49. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System within State Highway System right-of-way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside State Highway System right-of-way. Project Development Agreement 2017-02-17 (Created May 18, 2018) 8 of 21 05123118 CC AGENDA PACKET PG 188 Agreement 06-1681 Project No. 0618000213 50. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of "As - Built" plans and Change Orders, including any changes authorized by CALTRANS, on a CD ROM and in accordance with CALTRANS' then current CADD User's Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer's name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer's signature only on the title sheet. The As -Built plans will be in Microstation DGN format, version 7.0 or later. In addition, CITY will provide one set of As -Built plans and addenda in TIFF format. The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and Records of Surveys prepared to satisfy the requirements of the California Land Surveyors Act (Business and Professions Code sections 8700 — 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, including sections 8762 and 8771, will contain the filing information provided by the county in which filed. Schedule 51. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 52. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK. Project Development Agreement 2017-02-17 (Created May 18, 2018) 9 of 21 05123118 CC AGENDA PACKET PG 189 Agreement 06-1681 Project No. 0618000213 Additional Provisions 53. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the: 0 CADD User's Manual 0 CALTRANS policies and directives • Plans Preparation Manual • Project Development Procedures Manual (PDPM) 0 Workplan Standards Guide 0 Construction Manual 0 Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines Noncompliant Work 54. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System. Qualifications 55. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection 56. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Project Development Agreement 2017-02-17 (Created May 18, 2018) 10 of 21 05123118 CC AGENDA PACKET PG 190 Agreement 06-1681 Project No. 0618000213 Encroachinent Pei inits 57. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System right-of-way. Contractors and/or agents, and utility owners will not work within the State Highway System right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTIES, their contractors, consultants and agents, and utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 58. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK. Protected Resources 59. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 60. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. 61. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public documents. PARTIES will consult with each other prior to the release of any public documents related to the WORK. Project Development Agreement 2017-02-17 (Created May 18, 2018) 11 of 21 05123118 CC AGENDA PACKET PG 191 Agreement 06-1681 Project No. 0618000213 Hazardous Materials 62. HM -1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not. HM -2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM -1 and HM -2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM -1 MANAGEMENT and HM -2 MANAGEMENT respectively. 63. If HM -1 or HM -2 is found the discovering PARTY will immediately notify all other PARTIES. 64. CALTRANS, independent of the PROJECT, is responsible for any HM -1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM -1 MANAGEMENT with minimum impact to the PROJECT schedule. CALTRANS will pay, or cause to be paid, the cost of HM -1 MANAGEMENT for HM -1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT. 65. CITY, independent of the PROJECT, is responsible for any HM -1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM -1 MANAGEMENT with minimum impact to the PROJECT schedule. CITY will pay, or cause to be paid, the cost of HM -1 MANAGEMENT for HM -1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT. 66. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM -2 MANAGEMENT within the PROJECT limits. 67. CALTRANS' acquisition or acceptance of title to any property on which any HM 1 or HM 2 is found will proceed in accordance with CALTRANS' policy on such acquisition. Claims 68. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY. Project Development Agreement 2017-02-17 (Created May 18, 2018) 12 of 21 05123118 CC AGENDA PACKET PG 192 Agreement 06-1681 Project No. 0618000213 69. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. 70. If the WORK expends state or federal funds, each PARTY will comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Accounting and Audits 71. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 72. PARTIES will maintain and make available to each other all WORK -related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all WORK -related records for three (3) years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. Project Development Agreement 2017-02-17 (Created May 18, 2018) 13 of 21 05123118 CC AGENDA PACKET PG 193 Agreement 06-1681 Project No. 0618000213 73. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK -related records needed for the audit. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 74. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200. 75. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with Chapter 10 of the Local Assistance Procedures Manual. Interruption of Wog k 76. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS. 77. If WORK stops for any reason, each PARTY will continue to implement the obligations of this AGREEMENT, including the commitments and conditions included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes. Penalties, Judgements and Settlements 78. The cost of awards, judgments, or settlements generated by the WORK are to be paid from the funds obligated in this AGREEMENT. Project Development Agreement 2017-02-17 (Created May 18, 2018) 14 of 21 05123118 CC AGENDA PACKET PG 194 Agreement 06-1681 Project No. 0618000213 79. The cost of legal challenges to the environmental process or documentation may be paid from the funds obligated in this AGREEMENT. 80. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. Proiect Files 81. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will prepare the Project History File in accordance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and on a CD ROM in PDF format. Environinental Compliance 82. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks. ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SBI) 83. As the IMPLEMENTING AGENCY, CITY will prepare and submit to CALTRANS a Completion Report, in accordance with the California Transportation Commission (CTC) Resolution G-18-09: SB1 Accountability and Transparency Guidelines. 84. CITY must submit a Completion Report for the construction component to CALTRANS for approval within four (4) months of Construction Contract Acceptance or when the project becomes operable, whichever is sooner. Thereafter, CALTRANS will have two (2) months to review and approve the report prior to submission to the CTC. The Completion Report should not be delayed due to claims, plant establishment periods, ongoing environmental mitigation monitoring, or other reasons. 85. CITY must submit a Completion Report for a pre -construction component to CALTRANS for approval within four (4) months of acceptance of that pre -construction component. Thereafter, CALTRANS, will have two (2) months to review and approve the report prior to submission to the CTC. Project Development Agreement 2017-02-17 (Created May 18, 2018) 15 of 21 05123118 CC AGENDA PACKET PG 195 Agreement 06-1681 Project No. 0618000213 86. CITY must submit a Final Delivery Report to CALTRANS for approval within four (4) months of conclusion of all remaining project activities beyond the acceptance of the construction contract. Thereafter, CALTRANS will have two (2) months to review and approve the report prior to submission to the CTC. The Final Delivery Report will reflect final project expenditures, any changes that occurred after submittal of the Completion Report, and an updated evaluation of the benefits. 87. In those instances where PARTIES have signed a PROJECT scope, cost, and schedule and benefit baseline data agreement (BASELINE AGREEMENT), PARTIES agree to abide by the terms and conditions of that PROJECT BASELINE AGREEMENT. The PROJECT BASELINE AGREEMENT is attached to and made a part of this AGREEMENT, by reference. 88. Notwithstanding anything to the contrary in this AGREEMENT, PARTIES are not permitted to make changes to the scope, cost, schedule or benefits of the PROJECT, unless approved by the CTC. 89. PARTIES will meet the requirements of The Road Repair and Accountability Act of 2017 (SB 1), Chapter 5, Statues of 2017, California Transportation Commission (CTC) Resolution G-18-09: SB1 Accountability and Transparency Guidelines, and the CTC's Trade Corridor Enhancement Program (TCEP) Guidelines Resolution G-17-32. PARTIES agree that contributed funds originating from the TCEP can be expended on any item identified in the PROJECT. Should a CITY nominated project encounter a cost over -run, TCEP will not fund the cost increase. Any cost increases should be funded from other funds sources. GENERAL CONDITIONS Venue 90. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. Project Development Agreement 2017-02-17 (Created May 18, 2018) 16 of 21 05123118 CC AGENDA PACKET PG 196 Agreement 06-1681 Project No. 0618000213 Exemptions 91. All CALTRANS' obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC. Indemnification 92. Neither CALTRANS nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under this AGREEMENT. 93. Neither CITY nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. Non-parties 94. PARTIES do not intend this AGREEMENT to create a third -party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 95. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT. Project Development Agreement 2017-02-17 (Created May 18, 2018) 17 of 21 05123118 CC AGENDA PACKET PG 197 Agreement 06-1681 Project No. 0618000213 Ambiguity and Performance 96. CITY will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. CITY waives the provisions of California Civil Code section 1654. A waiver of a PARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision. 97. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults 98. If any PARTY defaults in its performance of the WORK, a non -defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non -defaulting PARTY may initiate dispute resolution. Dispute Resolution 99. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 100. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Project Development Agreement 2017-02-17 (Created May 18, 2018) 18 of 21 05123118 CC AGENDA PACKET PG 198 Agreement 06-1681 Project No. 0618000213 Prevailing Wale 101. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTY'S own employees is exempt from the Labor Code's Prevailing Wage requirements. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis - Bacon and Related Acts, 40 U.S.C. §§ 3141-3148. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY'S employees is exempt from federal prevailing wage requirements. Project Development Agreement 2017-02-17 (Created May 18, 2018) 19 of 21 05123118 CC AGENDA PACKET PG 199 Agreement 06-1681 Project No. 0618000213 DEFINITIONS PARTY — Any individual signatory party to this AGREEMENT. PARTIES — The term that collectively references all of the signatory agencies to this AGREEMENT. WORK BREAKDOWN STRUCTURE (WBS) — A WBS is a standardized hierarchical listing of project work activities/products in increasing levels of detail. The CALTRANS WBS defines each PROJECT COMPONENT as a group of work activities/products. The CALTRANS Work Breakdown Structure is defined in the CALTRANS Workplan Standards Guide. Project Development Agreement 2017-02-17 (Created May 18, 2018) 20 of 21 05123118 CC AGENDA PACKET PG 200 Agreement 06-1681 Project No. 0618000213 SIGNATURES 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 AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sharri Bender Ehlert District Director VERIFICATION OF FUNDS AND AUTHORITY: William Etherton District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: ma Darwin Salmos HQ Accounting Supervisor Project Development Agreement 2017-02-17 (Created May 18, 2018) CITY OF BAKERSFIELD By: Karen Goh City Mayor By: Nick Fidler Public Works Director ATTEST: By: Andrew Heglund Deputy City Attorney APPROVED AS TO FORM AND PROCEDURE: By: Nelson Smith Finance Director 21 of 21 05123118 CCAGENDA PACKETPG 201 U cs E ct 5-i Q� 0 0 o (7) o jO O o Cs o H oo � 0 d' oo 't � CS d O W W W c N oc �I f --a Q ccf u u V --V U cs E ct 5-i Q� 0 0 ct ct bA W W W c N oc �I f --a ccf u u V --V ct ct bA 00 N N ¢ U 00 UO ISI %. 0,� 00 Q U I� a UO UO z� o � OR o H FUNDING SUMMARY No. 01 Funding AGREEMENT 06 - 1681 Project No. 0618000213 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. 2. 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 3. 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. 4. 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. 5. 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 May 18, 2018) 3 of 7 AGREEMENT 06 - 1681 Project No. 0618000213 Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CaIHR) rules current at the effective date of this AGREEMENT. If CITY invoices for rates in excess of CaIHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 6. 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. Invoicing and Payment 7. 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. 8. 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. 9. 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. 10. 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. 11. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. CONSTR UCTION Support 12. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid. Project Development Agreement 2017-02-17 (Created May 18, 2018) 4 of 7 AGREEMENT 06 - 1681 Project No. 0618000213 CONSTRUCTION Capital 13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid. Departinent Furnished Materials (DFM) 14. CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid. Project Development Agreement 2017-02-17 (Created May 18, 2018) 5 of 7 AGREEMENT 06 - 1681 Project No. 0618000213 CLOSURE STATEMENT INSTRUCTIONS 1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT? YES / NO 2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES? YES / NO 3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed? YES / NO 4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third -party billings (utilities, etc.) have been settled before termination of the AGREEMENT? YES / NO 5. Did PARTIES complete and transmit the As -Built Plans, Project History File, and all other required contract documents? YES / NO If ALL answers are "YES", this form may be used to TERMINATE this AGREEMENT. Project Development Agreement 2017-02-17 (Created May 18, 2018) 6 of 7 AGREEMENT 06 - 1681 Project No. 0618000213 CLOSURE STATEMENT PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 06-1681 and any amendments to the agreement. The final signature date on this document terminates agreement 06-1681 except survival articles. All survival articles in agreement 06-1681 will remain in effect until expired by law, terminated or modified in writing by the PARTIES' mutual agreement, whichever occurs earlier. The people signing this agreement have the authority to do so on behalf of their public agencies. CALTRANS Name Date District Director CERTIFIED AS TO ALL FINANCIAL OBLIGATIONS/TERMS AND POLICIES Name District Budget Manager CITY OF BAKERSFIELD Name City Mayor Date Date Project Development Agreement 2017-02-17 (Created May 18, 2018) 7 of 7 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements I. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 5/11/2018 111-11 N 03 SUBJECT: Amendment No. 4 to Agreement No. 10-033 to extend legal services with the law firm of Marderosian & Cohen through Fiscal Year 2019-20. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Since 2004, the City Attorney's Office has outsourced civil rights cases to the law firm of Marderosian & Cohen. On December 11, 2013, Agreement No. 10-033 for legal services was amended for an additional four fiscal years beginning Fiscal Year (FY) 2015-16 and ending FY 2018-19 with an option to renew for FY 2019-20. Marderosian & Cohen has communicated to the City its desire to exercise the option to extend the agreement and due to its exemplary results, staff concurs with the extension. City staff recommends approval of Amendment No. 4 to Agreement No. 10-033 to reflect the extension of legal services provided by the law firm of Marderosian & Cohen through FY 2019- 20. ATTACHMENTS: Description D Arneindirneint No 4 to /kgireeirneint No 10...033 Wth Ma irdeiros4n 4 Cohen Type /kgireeirneint AGREEMENT NO, AMENDMENT NUMBER FOUR (4) TO ATTORNEY RETAINER AGREEMENT NO. 10-033 THIS AMENDMENT NO. FOUR (4) TO AGREEMENT NO. 10-033 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and municipal corporation (referred to herein as "CITY'), and MARDEROSIAN & COHEN (referred to herein as "ATTORNEY'). R E C I T A L S WHEREAS, CITY has, for many years, retained ATTORNEY on a number of cases filed against the CITY, primarily for police related matters, and typically venued in Federal Court; and, WHEREAS, CITY and ATTORNEY entered into Agreement No. 10-033 on March 24, 2010, for legal services for five (5) fiscal years to handle such cases on a flat rate basis; and, WHEREAS, CITY and ATTORNEY entered in Agreement No. 10-033(1) on December 11, 2013 for an additional four (4) fiscal years beginning fiscal year 2015/2016 and ending fiscal year 2018/2019 with an option to renew for 2019/2020; and, WHEREAS, amendment 2 on June 25, 2014 and amendment 3 on March 2, 2016 to Agreement No. 10-033(1) addressed name changes to ATTORNEY; and, WHEREAS, CITY and ATTORNEY desire to exercise the option to renew this agreement thus retaining ATTORNEY through fiscal year 2019/2020. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. Paragraph 1 of Agreement for Legal Services No. 10-033 dated March 24, 2010, is hereby amended in its entirety to read as follows: 1. SERVICES TO BE RENDERED: ATTORNEY will, as co- counsel with the Office of the City Attorney, or its designee, represent CITY in cases assigned by the City Attorney for ten (10) fiscal years beginning fiscal year 2010/2011 through 2019/2020. -- Page 1 of 3 Pages -- 2. Paragraphs 2.10 and 2.20 of Agreement for Legal Services No. 10- 033 dated March 24, 2010, are hereby amended in their entirety to read as follows: 2. COMPENSATION TO ATTORNEY. 2.10. CITY shall compensate ATTORNEY for all legal services performed for fiscal year 2019/2020 at a flat amount of One Million Dollars ($1,000,000.00) and reimburse ATTORNEY for all proper costs incurred on behalf of CITY as set forth herein. ATTORNEY shall not be reimbursed for ATTORNEY's travel time unless approved in advance by CITY. 2.20. CITY shall make a payment of $40,000 on July 1, 2019, and twelve (12) monthly payments thereafter of $80,000, beginning July 31, 2019, through June 30, 2020, upon submission of an invoice by ATTORNEY. CITY shall pay no finance charge to ATTORNEY. 3. Paragraph 4 of Agreement for Legal Services No. 10-033 dated March 24, 2010, is hereby amended in its entirety to read as follows: 4. TERM. This Agreement shall take effect July 1, 2010, and remain in effect through June 30, 2020, unless earlier terminated or extended by the parties. EFFECT OF THIS AMENDMENT. Except as amended in this agreement, all of the provisions of Agreement for Legal Services No. 10-033, dated March 24, 2010, shall remain in full force and effect. -- Page 2 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ("CITY") Al KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director VG:ac MARDEROSIAN & COHEN ("ATTORNEY") By: MICK MARDEROSIAN President -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/9/2018 iTiff-11 1.1 SUBJECT: Amendment No. 1 to Agreement No. 17-053 with Solenis, LLC ($430,000; revised not to exceed $860,000, and extend term one year), to provide dewatering polymer for Wastewater Treatment Plant No. 3. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Wastewater Treatment Plant No. 3 requires digested sludge to undergo a dewatering process. The goal of the dewatering process is to efficiently produce thick biosolids that can be transported off-site for disposal or use. Polymers are an essential component in the dewatering process. Polymers assist with effectively separating the water from the sludge, producing solid particles, and sludge -free water. The City Council approved Agreement No. 17-053 with Solenis, LLC (Solenis) on May 10, 2017, for $430,000. Solenis was selected after responding to the City's Request for Qualifications and Proposals (RFQ/P) for dewatering polymer. Agreement No. 17-053 provided for renewal of the agreement for three consecutive one-year periods upon mutually agreeable terms. The current term for Agreement No. 17-053 expired on April 30, 2018. Unfortunately, due to staff's oversight, this item was inadvertently not placed on the Council agenda in a timely manner. Although the original agreement allows for three renewal periods, City Council action to extend the agreement is required each year. At this time, based on current operations, staff recommends exercising the option to extend the contract for one additional year through April 30, 2019, and increase the compensation by $430,000 for anticipated annual polymer usage. This amendment revises the not to exceed amount to $860,000. Sufficient funds are budgeted within the Sewer Enterprise Fund for this amendment; therefore, there is no General Fund impact. F-11 i all M I ��i 14 Ll k &I Description Type Arneindirneint'l tea Agireeirnent,17 053 Agireeirnent AGREEMENT NO. AMENDMENT NO. [1] TO AGREEMENT NO. 17-053 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 17-053 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and Solenis LLC (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CITY and CONTRACTOR entered into Agreement No. 17-053 on May 10, 2017 wherein CONTRACTOR would provide centrifuge polymer in bulk to WWTP 3, make monthly service call to monitor polymer performance and provide customer service support on as -needed basis; and WHEREAS, the parties desire to amend Agreement No. 17-053 to renew and extend the term until April 30, 2019 in accordance with the original terms of the said agreement; and WHEREAS, CITY and CONTRACTOR have agreed to additional compensation of Four Hundred Thirty Thousand Dollars ($430,000) above the previously established compensation of Four Hundred Thirty Thousand Dollars ($430,000) for the required polymer and service. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-053 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Eight Hundred Sixty Thousand Dollars ($ 860,000.00) which shall be paid as follows: upon successful delivery of centrifuge polymer and completion of tasks assigned to CONTRACTOR as described in the RFQ/P. The unit price for the centrifuge polymer shall be as described in the proposal, attached hereto as Exhibit B and incorporated by reference herein. AMENDMENT TO AGREEMENT S:\Engineering\Annual Contract Request For Proposal\RFP Dewater Polymer\2017\Amendment 1.doc Updated — May 8, 2018 -- Page 1 of 3 Pages -- 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. 17-053 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2019. The contract is renewable annually for two consecutive one-year periods at the CITY's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 17-053 shall remain in full force and effect. •I• AMENDMENT TO AGREEMENT S:\Engineering\Annual Contract Request For Proposal\RFP Dewater Polymer\2017\Amendment 1.doc Updated — May 8, 2018 -- Page 2 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 17-053 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney II COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" SOLENIS LLC By: Print Name: Title: AMENDMENT TO AGREEMENT S:\Engineering\Annual Contract Request For Proposal\RFP Dewater Polymer\2017\Amendment 1.doc Updated — May 8, 2018 -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements n. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 4/24/2018 111-11 N 03 SUBJECT: Amendment No. 3 to Agreement No. 17-002 with Trans -West Security Services, Inc. ($60,000; revised not to exceed $236,446), for continued park security services. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Over the past several years, the City has utilized private security services to reduce trespassing and vandalism within City parks during non -business hours. These efforts have proven to be a deterrent and are a proactive approach to reducing costs associated with damaged parks equipment. In April 2018, Phase III of the Kaiser Permanente Sports Village facility was opened to the public. This phase includes traditional park amenities, including playground and picnic areas. It was noted that during the construction of this phase, several instances of vandalism occurred within the construction site. In an effort to deter vandalism and maintain this community asset, staff is requesting to extend private park security patrols to this park area. Additionally, during evaluation of security needs within this area, staff from the City's adjacent Wastewater Treatment Plant No. 3 indicated a desire to establish security patrols within its facility boundaries to deter trespassing during periods of time when plant staffing is minimal. The facility has experienced several recent instances of trespassing and theft. The patrol for the wastewater treatment plant is similar in scope to services currently being provided by Trans -West for parks and is expected to reduce these types of re -occurring issues. The existing agreement does not provide for security patrols within Phase III of the Kaiser Permanente Sports Village or Wastewater Treatment Plant No. 3. Therefore, staff is proposing Amendment No. 3 to Agreement No. 17-002 with Trans -West Security Services, Inc., to add $60,000 for a revised not to exceed amount of $236,446 allowing for the additional patrol of security services through the current term ending January 3, 2019. Fifty percent of the cost for the additional patrol will be funded by the Sewer Enterprise Fund and the remaining through funds within the Recreation and Parks Department's operating budget. ATTACHMENTS: Description D Amendment No 3 Type /kgireeirneint AGREEMENT NO. AMENDMENT NO. THREE 11TO AGREEMENT NO. 17-002 THIS AMENDMENT NO. THREE (3) 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"). RECITALS 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 Security Services; WHEREAS, on November 15, 2017, the CITY and CONTRACTOR agreed to continue Park Security Services for an additional year and increase compensation by $88,223; WHEREAS, CITY and CONTRACTOR have agreed to continue Park Security Services by doing the following: increase compensation by $60,000 to provide an additional patrol at Kaiser Permanente Sports Village facility and the adjacent Waste Water Treatment Plant 3 facility; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 17-002 as follows: 1. Section 2 of Agreement No. 17-002 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 of NOT TO EXCEED $236,446. 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. AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2018\Transwest\Trans-West Security Amend 3.doc - January 18, 2017_rmistry -- Page 1 of 2 Pages -- 05123118 CCAGENDA PACKETPG220 2. Except as amended herein, all other provisions of Agreement No. 17-002 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Three [3] to Agreement No. 17-002 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: RECREATION & PARKS DEPARTMENT By: DIANNE HOOVER Director of Recreation & Parks APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO-KING Associate City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" TRANS -WEST SECURITY SERVICES, INC. By: Title: Vice President of Oper tions Insurance Approved by Risk Management: AMENDMENT TO AGREEMENT S:\ADMINISTRATION DIVISION\Agreements\2018\Transwest\Trans-West Security Amend 3.doc - January 18, 2017_rmistry -- Page 2 of 2 Pages -- 05123118 CC A GENDA PA CKET PG 221 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 5/8/2018 111-11 V 03 SUBJECT: Amendment No. 2 to Agreement No. 16-138 with Loop Electric Inc. ($175,000; revised not to exceed $660,920, and extend the term one year), for vehicle loop cutting and horizontal boring. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In June 2016, City Council approved the annual contract for vehicle loop cutting and horizontal boring service with Loop Electric Inc., in the amount of $285,920; renewable annually thereafter for four consecutive one-year periods. On June 7, 2017, City Council approved Amendment No. 1 extending the term one year and increasing compensation $200,000. Currently, there is $160,000 available on this contract. If approved, Amendment No. 2 will extend the term one year and increase compensation $175,000 for a revised not to exceed amount of $660,920. Funds are budgeted in the General Fund and Capital Outlay Fund for this service. Approval of the amendment allows the City to continue to meet the demand for vehicle loop cutting and horizontal boring. F-11 i all M I ��i 14 Ll k &I Description D Arneind 2 to Agirnt'16 138 1 oop Bectirk, Type Agireeirneint AGREEMENT NO. 16-138 (2) AMENDMENT NO. [2] TO AGREEMENT NO. 16-138 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 16-138 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and LOOP ELECTRIC INCORPORATED (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the June 29, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16-138; and WHEREAS, on June 7, 2017, Council approved amendment No extending the term one year and increasing compensation $200,000; and WHEREAS, the parties desire to amend Agreement No. 16-138 to extend the agreement term one year; to allow continuance of providing vehicle loop cutting and horizontal boring; and WHEREAS, CITY and CONTRACTOR have agreed to increase compensation ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000), and extend the term one year; to allow continuance of providing vehicle loop cutting and horizontal boring; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 16-028 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED SIX HUNDRED SIXTY THOUSAND NINE HUNDRED TWENTY DOLLARS ($660,920) 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. -- Page 1 of 3 Pages -- 2. Section 12 of Agreement No. 16-138 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for two consecutive one-year periods at the City's option and upon mutually agreeable terms. 3. Section 33 of Agreement No. 16-138 entitled "CONTRACT BONDS" is hereby added as follows: 33. CONTRACT BONDS. The Contractor will furnish to the City a satisfactory Performance Bond in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) and a satisfactory Labor and Materials Bond (Payment Bond) in the amount ONE HUNDRED THOUSAND DOLLARS ($100,000). The bonds must be provided within ten (10) consecutive calendar days of request. Failure to furnish the required bonds within in the time allowed will result in termination of the agreement. 4. Except as amended herein, all provisions of Agreement No. 16-138 shall remain in full force and effect. 111 •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 16-138 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD LOOP ELECTRIC INCORPORATED 1.2 KAREN GOH Mayor 119017111 nol-. Title: -- Page 2 of 3 Pages -- APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: RANDY McKEEGAN Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: 1.2 NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/4/2018 iTiff-11 1.1 SUBJECT: Amendment No. 3 to Agreement No. 14-069 with TYLin International ($37,776.03; revised not to exceed $5,113,939.03) for design services for the 24th Street Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The 24th Street Improvement Project consists generally of: • Expansion of the 24th Street/Oak Street intersection to provide for four lanes in both directions for 24th Street and to allow for additional turn lanes for Oak Street; • Widening 24th Street from four lanes to six lanes from Elm Street to C Street; and • Reconstructing and re -striping of the 23rd Street/24th Street one-way couplet roadway segments from D Street to 0.2 mile east of M Street to provide for four lanes in both directions. In May 2014, the City entered into Agreement 14-069 with TYLin International to provide design services for the 24th Street Improvements Project. Due to litigation, the project was delayed and TYLin performed out -of -scope work to assist the City as part of the legal proceedings. Amendment No. 1 was approved in May 2016 to add time to the consultant's contract. Amendment No. 2 was approved in February 2017 to add additional compensation for TYLin to complete the design work as the agreement initially contemplated. During the design work, it was determined that areas adjacent to the roadway were not surveyed. After the construction of the cul-de-sacs on the south side of the existing roadway and the removal of the homes on the north, survey information was needed to be collected in order to design the sound wall and landscape and ensure the roadway tied into the surrounding area. In addition, the surveyors needed to collect field surveys of the utility potholing to enable the designer to incorporate utility conflicts into the plans. Staff recommends approval of this amendment, which is 100 percent locally funded by Utility Surcharge revenues. ATTACHMENTS: Description D Amendment #3 D EkNNt IB 2 D EkNNtC 2 Type /kgireeirneint Exhbt Exhbt AGREEMENT NO. 14-069 (3) AMENDMENT NO. 3 TO AGREEMENT NO. 14-069 This AMENDMENT NO. 3 TO AGREEMENT NO. 14-069 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY" herein), and T.Y. Lin International, a Corporation, ("CONSULTANT" herein). R E C I T A L S WHEREAS, on May 7, 2014, CITY and CONSULTANT entered into Agreement No. 14-069 ("Agreement" herein), wherein CONSULTANT would provide Design Services for the 24fh Street Improvement Project ("Project" herein) for an amount not to exceed $3,490,000.00; and WHEREAS, on May 5, 2016, CITY and CONSULTANT amended the Agreement to extend the time to complete the Scope of Work and the Agreement's termination date due to the delays in the Project caused by legal challenges; and WHEREAS, on February 15, 2017, CITY and CONSULTANT further amended the Agreement to add a not -to -exceed amount of $1,586,163.00 to the Compensation because project delays of over 18 months caused by legal challenges required CONSULTANT to support CITY with public outreach efforts not originally contemplated in the Scope of Work; and WHEREAS, the parties now desire to enter into this Amendment No. 3 to the Agreement to provide for additional out -of -scope work for field surveying and verification as outlined in Attachment B-2, attached hereto and incorporated herein by this reference; and WHEREAS, the Compensation will also need to be increased by a not -to - exceed amount of $37,776.03 as a result of this additional work, to be paid as outlined in Attachment C-2, attached hereto and incorporated herein by this reference. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: Page 1 of 3 Pages 1. Section 2 of the AGREEMENT entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. In exchange for performing the Scope of Work, CITY will pay DESIGN CONSULTANT as follows ("Compensation"): 2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) in an amount not to exceed $4,718,567.85 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved DESIGN CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. 2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $395,371.18 on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. The Compensation, including the fixed fee, will not exceed the sum of $5,113,939.03, and will be the total compensation paid under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay only the Compensation unless otherwise agreed to in writing by the parties. Reimbursement for transportation and subsistence will be paid in accordance with Internal Revenue Services and General Services Administration guidelines and shall not exceed the rates specified in the approved Cost Proposal. DESIGN CONSULTANT agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various programs within the SAFETEA-LU Federal Transportation Bill. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 2. Except as amended herein, all other provisions of the Agreement, as previously amended, shall remain in full force and effect. Page 2 of 3 Pages IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to the Agreement to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH, Mayor "DESIGN CONSULTANT" T.Y.LIN INTERNATIONAL Type or Print No Title: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: NELSON SMITH Finance Director Page 3 of 3 Pages 2411 Street Widening Project Amendment #3: Additional Field Surveys Scope of Work 4/30/2018 The following amendment to the scope of services for the 24th Street Widening Project is requested to provide additional field surveys supporting the final design efforts. This amendment is required due to changes to the original project scope and additional survey efforts that were performed at the City's request: • Topographic mapping surveys for sound wall design north of 24th Street • Topographic mapping surveys for sidewalk tie-ins at the cul-de-sacs south of 24th Street • Topographic mapping surveys for Oak Street basin • Field surveys for additional potholes • Construction survey staking for the existing property lines, utilities and proposed drainage facilities PHASE 1: PLANS, SPECIAL PROVISIONS AND ESTIMATE 5. Engineering and Photogrammetric Surveys 5.2. Design/Field Surveys e. Supplemental Topographic Mapping and Construction Survey Staking Additional efforts will be required for topographic mapping to complete surveys within the project area, and provide construction survey staking to identify the existing property lines, utilities and proposed drainage facilities. Deliverables: Supplemental Topographic Mapping and Construction Survey Staking 11YI I..I F� N91- 10NAI.. N 00 00 C) C) C) C) C) C) C) C) C) C) C) 00 "t "t 00 C) 00 r - Z r� co co � 00 C) C) ta 0*) d00 C\j .4 .4 0 C\j r- r- r C) C\j U-) N (D (D 00 (D U-) It Lu r- (D (D U-) V) Nt m cc 00 00 00 C) C) C) Ocn 00 "t cc 0 Z O 0 U co vi r,W co T - I 9 C) C) co z 0 > Cb_ CO CO > C m Z :)6 — 0 C) - .� a) CL LL 0) U) I -L comer C/) ,0 cn Z co 0 o < LU CO M 0 0 2: co 0- CO ct) Cl) E E n 'a a) T 0 a) co co (z 0. co co co — C) = 0 I0r — c) O 0 U co vi r,W co T - I 9 > > M LU I -L comer I -L ,0 cn Z CO 0 0 < LU CO CD 1.- 6 a 0- , ct) Cl) E E n 'a T 0 co co 00 0. LU o 0 0 a)co L- CL 5 —1 —1 C-_ CL -a LU CZ CL CZ CL O 0 U co vi r,W co T - I 9 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements q. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/2/2018 WARD: Ward 2 SUBJECT: Contract Change Order No. 1 to Agreement No. 17-206 with Cal Prime, Inc. (increase of $25,000; revised not to exceed $1,892,500), for the Westpark Street Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: The project consists, in general, of installing drainage systems, asphalt paving, and local street improvements at locations along the future Centennial Corridor between Del Rey Court and Joseph Drive. Improvements include construction of cul-de-sacs at Charter Oaks Avenue, Montclair Street, Woodlake Drive, Kensington Avenue, Hillsborough Drive, Fallbrook Street, Kentfield Drive, and Joseph Drive. At Del Rey Court, the street will be realigned to tie into Montclair Street. Contract Change Order No. 1 provides for compensation to the contractor for potholing of existing underground utilities that may be in conflict with new work. There are utilities shown on the contract plans to be removed by others, but have not yet been removed. The exact location of these utilities is crucial in avoiding future delays during the installation of the storm drain system. This contract change order results in an estimated increase of $25,000. The sum of all change orders to date on this project reflects a total cost increase of $25,000 (which results in an 1.3 percent increase to the original contract amount) as illustrated below: Original Contract Amount Previous Change Orders Current Change Order No. 1 Amended Contract Agreement after CCOs Net Increase to date $ 1,867,500.00 $0 $25,000.00 $ 1,892,500.00 $25,000.00 Local Transportation Development funds provide the funding source for this project; therefore, there is no impact to the General Fund. ATTACHMENTS: Description Type Contract Chainge Order # 1 /kgireeirneint CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET R] CONTRACT NO. 17-206 CHANGE ORDER NO. 1 P.O. NO, PROJECT: Westpark Street Improvements TRCC27 FEDERAL NO. (S) CONTRACTOR: Cal Prime, Inc. ADDRESS: 10101 Michele Ave. Bakersfield, CA 93312 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 slated, 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 Manatter AFC'.OKA DATE: 4/17/2018 CHANGE REQUESTED BY: Andres Roldan Manager, AECOM DATE: 4/1 7120 1 8 Extra Work at Force Account Payment: As directed by the engineer, verify location of existing underground utilities for conflicts along the alignment of Storm Drain Line A and Line B. The existing utilities are shown on the contract plans to be removed by others. For this work, the Contractor will be paid the following at force account payment. This change order is not to exceed this payment. ACCOUNT NO (S) 335-4021-825-8041 TRCC27 Total Force Account Payment = $25,000.00 INCREASE $25,000.00 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: 10 Working Days NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date 1h e. the Linde, signed contractor, have gtveTu careEtd consideration to the change tnopo,edand us approved, that we will proide all equipment, furnish all vmatenrds, exceLl be toted aeon and pe'forn' all sel'ices vork above specified. 1kn4 will leoepk as fur va,mcnt-thcreFo,e the vmcea sho,,n aboNe Accepted, Date: 4.4 -z., U J, ?,C7k (I ContractoIrr"t.. Ti4� � ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/3/2018 WARD: Ward (s) 2, 5 SUBJECT: Contract Change Order No. 4 to Agreement No. 17-010 with GSE Construction Company, Inc. ($23,124; revised not to exceed $2,925,944), for the rehabilitation of two sewer lift stations: 24th Street at Oak Street, and White Lane at Buena Vista Road projects. Staff recommends approval of the 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 pipe under the Kern River, demolition of the existing sewer lift station, and installation of a new lift station with new pumps, piping, an air blower, ducting, and associated electrical. This project also provides for the rehabilitation and expansion of the existing sewer lift station at White Lane and Buena Vista Road. Work consists of control of sewage, removal and replacement of some existing site improvements, construction of a 24 -inch sewer pipeline, improvements to an existing wet well including replacement of one pump and associated piping for that pump, installation of a new force main pipeline, air scrubber, an onsite backup generator, and associated electrical. During construction, it was discovered that the standby generator outlined in the specifications required modifications to the original design. The load bank of the generator, which is a device that develops the electrical load, could not be mounted to the generator as originally designed. The contractor was required to construct a separate concrete pad for the load bank and related appurtenances. The contractor was also required to provide additional conduits, wiring and interconnection of the load bank with the generator and the electrical system. The contractor agrees to do the above mentioned work for the lump sum price of $23,124. The total cost increase of Contract Change Order No. 4 is $23,124. The sum of all change orders to date on this project reflects a total cost increase of $207,744 (resulting in a 7.6 percent increase of the original contract amount) as illustrated below: Original Contract Amount �$2,718,200.00 �7Amended Contract Agreement after Change Order$2,925,944.00F �Net Increase to date �$ 207,744.00_ This project is funded with Sewer Enterprise funds; therefore, there is no General Fund impact. ATTACHMENTS: Description Type D CCO No 4 Rehabhtatbin off Seweir I i'ft Statbins /kgireeirneint COPY DISTRIWJJON� 0XIGMAL-CITY CLERK, WMTF-CONTRACTOR, BLU&CONISTRUC.-IlON, GREEN -CONTRACTORS INFO, YELLOW-CALTRANS, PINK ENGR., GOLD�PLJRCHASING CONTRACT NO. 17-010 CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CHANGE ORDER NO). 4 P.O. NO173209 PROJECT: Rehabilitation of 2 sewer lift stations: 24t1h, and Oak SHEET 1 OF Street & White Lane and Buena Vista Road CONTRACTOR: GSE Construction Co., lnc, NIA ADDRESS: 69,50 Preston Ave FEDERAL NO. (S) Livermore, CA 94551 YOU' ARE HEREBY DIRECTED TO MAKE THE HERON 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 Descriptim ofwaTk to, be dune, estirnate of quantities, and prices to be paid. Sq7,egate between additional work of contract price, agreed price and force account Unless othctwise slated, Tates for rental of"equipirient cover Only SUCK time as eqtdprnent is actoally used and no allowance wfll In made for idle tune. CHANGE REQUESTED BY; R.VOYLES SUBIMiTTED BY: R-VOYLES DATE: 4/3/2018 Construction Superintendent Construction Superintendent EXTRA WORK AT'AGREED LUMP S�UM PRICE Install concrete pads for generator load bank and load bank control panel, relocate air vent line, install all conduit and wiring for new load bank, and control panel. $23,124,00 The contractor agrees to accept a lump sum price of $23,124.00 as full compensation, including all mark-ups, for performing the above mentioned work. ESTIMATED COST: ACCOUNT NO (S) 412-4031-812-8041 E6K212 INCREASE $23,,124.00 DECREASE By reason of this order the time of City Council Approval Required YES xx completion will be adjusted as follows: 30 working days NO Approved As to Form: CITY ATTORNEY Approved by the Council of C4 of Bakersfield Approval Recommended- City Engineer Mayor Countersigned: Finance Director Date We, the anderu&mLd contractor, have, gi,,en careful consideration to the change proposed mid hereby agvc, ifthis proposal is approved, that we wNn provide all equipment, furmsh aH maenals, except as may othenvise be noted above, and perform alt wrvim necessary for the work above spc.cificd, and wM accept as full payment the prices. Shown above. Accepted, Date: Contractor: TOW ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/3/2018 &1[11 1.1 SUBJECT: Contract Change Order No. 5 to Agreement No. 16-154 with Nish -Ko Inc. ($28,762; revised not to exceed $1,862,810.24), for construction of the Kaiser Permanente Sports Village Phase I I I Landscape Improvements Project. Staff recommends approval of the contract change order. BACKGROUND: This project generally provides for the installation of a new irrigation pump, Maxicom irrigation control system, 10 -inch irrigation mainline and sprinklers, mow curbs, grading, tree and shrub planting, installation of hybrid Bermuda grass and the installation of a domestic waterline and drinking fountains. During construction, many irrigation system components were found to be damaged by undetermined parties during the installation of other improvements. In order for the irrigation to function properly, the City directed the contractor to make all necessary repairs to the damaged irrigation system materials. The contractor agrees to do the above mentioned work for the lump sum price of $8,751. Also, during construction it was determined that many of the ductile fittings on the Phase III irrigation system were damaged by the existing acid injection system that was tied into the Phase I I I irrigation system that was not yet operating. The damage occurred during the operation of the Phases I and II pumps, which allowed non -diluted acid to be introduced into the Phase III lines. The contractor was directed by the City to remove and replace the damaged ductile fittings. The contractor agrees to do the above mentioned work for the lump sum price of $20,011. The cost increase of Contract Change Order No. 5 is $28,762. The sum of all change orders to date on this project reflects a total cost increase of $141,647.24 (resulting in a 8.2 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $1,721,163.00 Amended Contract Agreement after Change Orders = $1,862,810.24 Net Increase to date = $ 141,647.24 This project is funded with Capital Outlay and Park Development funds. ATTACHMENTS: Description Type D CCO#5 State faiirirn SpoirtsWbge Phase 111111 1 aindscapi'iing /kgireeirneint irnpiroveirneints COPY DISTRIBUnON OPJGMAL- Ct11 V CLERK, WHIT&CONTRACTOK, BLUE,CONSTRkXTION, GREEN -CON-mACTOWS INFO, YELLOW-CALTRANS, PINK ENGR, (KXD-PtJR(-HASlNG CONTRACT NO, CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 16-154 CHANGE ORDER NO, PROJECT: State Farm Sports Village - Phase III SHEET Landscaping tmprovements CONTRACTOR. Nish -Ko Inc, ADDRESS: 713 N, Valentine Fresno, CA 93706 . 4 * 170558 IBM N/A FEDERAL NO. (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS, AND SPECIFICATIONS OR 00 THE FOLLOWING V4ORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT, . . ...... _. NOTE: This change order is not effective urktfl approved by City Council or City Engineer Descri ption of work to be done estimate of quantities, and prices to be paid. Sepegate between additional work ofcontmet price, agreed price and force account Unless othervvisc stated, rates for rental ofequiprysent cover only such time as equipment is actually used and no ollowance will be made for idle time. CHANGEREQUESTED BY: R.VOYLES SUBMITTED BY: R. VOYLES DATE: April 29, 2018 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE Repair damaged Irrigation components: Excavate, remove and replace lateral lines,, sprinkler heads, ball valves and backfill excavated areas. $8,751.00 e Determine the extent of damage caused, by acid being introduced into the irrigation system by excavating at specific locations to expose the ductile fittings. Remove and replace corroded ductile fittings.$20,011 .010 $28,7612.00 The contractor agrees, to accept a lump sum price of $28,762,00 as full compensation, including alil mark-ups, for performing the above mentioned work. ESTIMATED COST: ACCOUNT NO (S) 321-5021-832-8041 P4C131 iNCREASE _ $281762.00 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: 20 working days NO Approved As to Form: CITY ATTORNEY Approved by the Councl$ of City of Bakersfiehl Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the un&rsiped contractor, have grwo careful con3idermaon to the change prapoed and hereby agreeirdhis proposal is approved equipment, Furnish all maoaia�s, exeLpta%-ayo0iervise hL no ed above, and perfonn all sLrvion nmnwy So rlht �rk ab� 4 d, and wil I a=pt as fult payment thereforthe pneesqhown above, 7 , 17-e po N Accepted,, Date: (,'S contractor: ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements t. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/3/2018 &1[11 1.1 SUBJECT: Contract Change Order No. 2 to Agreement No. 16-110 with AC Electric Company ($50,155.50; revised not to exceed $669,920.22) for construction of the Kaiser Permanente Sports Village Phase III Electrical Improvements Project. Staff recommends approval of the contract change order. BACKGROUND: This project consists of the construction of lighting, electrical conduit installation, conductors, electrical switch gear, panels and transformers, electrical systems, and all electrical connections to the facilities for Phase I I I of the Kaiser Permanente Sports Village. During construction, it was found that the electrical system installed by the contractor was damaged in multiple areas by undetermined parties. The City directed the contractor to check the entire electrical system and make all necessary repairs to the electrical system to ensure functionality. This required integrity tests of conduits, excavation of damaged areas of conduit, repair of conduits, replacement of damaged conductors and termination. The contractor agrees to do the above mentioned work for the lump sum price of $50,155.50. The cost increase of Contract Change order No. 2 is $50,155.50. The sum of all change orders to date on this project reflects a total cost increase of $59,920.22 (resulting in a 9.8 percent increase to the original contract amount) as illustrated below. Original Contract Amount = $610,000.00 Amended Contract Agreement after Change Orders = $669,920.22 Net Increase to date = $ 59,920.22 This project is funded by a combination of Capital Outlay and Park Improvement funds. ATTACHMENTS: Description Type CC: O No 2 Contract Nol 6 110 Sports Wbge Bectidca/kgireeirneint irnpiroveirneints COPY DISTRIBUTION. ORIGINAL -CITY CLERK, WHITE -CONTRACTOR, BLUE -CONSTRUCTION, GREEN -CONTRACTORS INFO, YELLOW-CALTRANS, PINK ENGR., GOLD -PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 16-110 CHANGE ORDER NO. 2 P.O. NO PROJECT: Bakersfield Sports Village Ph. III Electrical Improvements CONTRACTOR: AC Electric Company ADDRESS: 313 30 St. SHEET 1 OF 164355 1 N/A FEDERAL NO. (S) Bakersfield, CA 93301 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 tune as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R. VOYLES SUBMITTED BY: R. VOYLES DATE: April 13, 2018 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE • Inspect the entire electrical system by blowing string and pulling mandrel through all conduits to identify damaged areas. Excavate to expose damaged conduit, make necessary repairs, backfill and compact, re -mandrel and swab new conduit to confirm that the electrical system is functional. _ $50,155.50 The contractor agrees to accept a lump sum price of $50,155.50 as full compensation, including all mark-ups, for performing the above mentioned work. ACCOUNT NO (S) 321-5021-832-8041 P4C131 ESTIMATED COST: INCREASE $50,155.50 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: 25 Working days NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, fire undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equupment, furnish all materials, except as may otherwise be noted above, and per%rm all services necessary for the work above specified, and will accept as fidl payment therefor the prices shown above Accepted, Date: Contractor: Title: 05/23/1 8 CC AGENDA PACKET PG 244 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/3/2018 WARD: Ward (s) 2, 4, 7 SUBJECT: Contract Change Order No. 1 to Agreement No. 17-147 with Cal -Stripe, Inc. ($10,402.67; revised not to exceed $89,951.87), for construction of the Remove I I Program - Bicycle Lane Improvements: Harris Road from Buena Vista Road to Gosford Road, Harris Road from Gosford Road to Wible Road, and Clay Patrick Farr Way from Granite Falls Drive to Hageman Road Project. Staff recommends approval of the contract change order. BACKGROUND: This project consists of the installation of bike lane striping, markings and roadside signs on Harris Road from Buena Vista Road to Gosford Road, Harris Road from Gosford Road to Wible Road, and Clay Patrick Farr Way from Granite Falls Drive to Hageman Road. During construction it was discovered the size of the roadside sign panels furnished and installed by the contractor were the minimum size denoted in the Caltrans Traffic Manual and as specified in the project specifications. However, in order to maintain uniformity with the existing sign panels and to insure visibility to traffic, the Project Engineer directed the contractor to replace the smaller sign panels with larger sign panels denoted in the Caltrans Traffic Manual. The contractor has agreed to do the above mentioned work for the lump sum price of $2,152.67. Also, in order to construct the project per the plans and specifications, there were several item quantities that had to be either increased or decreased. These item quantity adjustments resulted in a net increase of $8,250 to the project. The total cost increase of Contract Change Order No. 1 is $10,402.67. This is the first and final change order for this project and reflects a 13.1 percent increase of the original contract amount) as illustrated below: (Original Contract Amount I = 1$79,549.20 [Amended Contract Agreement after Change Order [ =$89,951.87 F -F-F- t Increase to date 0,402.67 This project is funded with a grant from San Joaquin Valley Air Pollution Control District's Remove I I Program; therefore, there is no General Fund impact. ATTACHMENTS: Description Type D CC0#1 Reirnove II II Piro'girairn IBikycde I ane Ilirnpiroveirneints /kgireeirneint 0(W DATR W V1 R)N 45A X3 WAL CITY CLURK, WIP tP F,C ON1 AACI'Ofi, 11 1,0F.C(ASt 8i VC r rorz, iIR filN-CONTRAUT rM rS PIR 1, YF P P,()W CM, I RAN, , PENK i; N(�R , 00 D 41 MCI IA S I N� i CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO, 17-147 CHANGE ORDER NO, I P, 0. NO. 181458 PROJECT, Remove ILEr99L9 5 11 EET I —OF Harris Rd. from Suen a VWCi Rd, to Cosford Rd. T51'riii ra, frorn Goifop!'§d, ko Wii"Rd.-Clay Patrick Farr Wzirgip Fatll; fir on Rd_ CONTRACTOR- Cal -Stripe, Inc. —NIA ADDRESS: 2040 East Steel Rd, FE , RAL NO. IS) Colton Ca, 92324 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCIMBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR 00 THE FOLLOVWNG WORK DESCRIEED NOT INCLUDED tN THE PLANS Anka SPECIFICATIONS ON THIS CONTRACT, NOTE: This �c U2E order is not effect]" until AppToved by -9!,Y CoWncdt or City En�drrser Description ofvFk to be dme. ostuu,,Acr Of q UWAWCS. V, J Pam, 4a tw "d. ' Sagwg�, bmrmadditional work Or cmdrut pnm pg=d pflitc md fo= u=..t. Unk-ss oibcTisc NW$Dd, Pates for rnaW of equ oPrrlral ta" oA1 y Nud) dims: as equipm MI, is MmWiv used and no aflawwwc wil i bw made rum Idly untu CHANGE REQUESTED SY; R. Voyles SUBMIT7ED Syl R V OATE: 018 Construction Superintendent !!�Vo lea -9;F -------- !ardh2l, 2� Conslr�Tctl;� )e'rintandont EXTRA WORK ATACR EED-LUMP SUM PRiCE e Replace (7'1) 12"X8"(1381) sign panels with 24"x18" sign panels replace (15) 12-x18" (R26) sign paneis with 24"x18` sign panels, and replace (26) 12"x18` (R7-9) sign panels with 24'x18" sign panels. $2.15Z67 The contractor agrees to SICCOPt a lump sum price of 52,152.67 as full compensation, including all rrark-UPS, for performing the above mentioned work, Ps Item #6 - Roadside Signs 33 @ $250,00 EA $10,402.67 ACCOUNT NO (S) 311.4031- $34-9041 T6K223 - $1,1110-30 311-4031-134-8041 TW24 - $624,2'e" 311.4031.522-$041 T15K22 5 - $4ftQ1 311 451—laW5041 MK -21-1742,000,00 031.834-8041 ff24 54,750,65 INCREASE 10,492-67 311-4 1-822-804IT6K225-315,00,00 DECREASE Sy nut% on of I ii is order the it m a, of City Council Approval Required YES� x Dorn a8on will be oo orsted as foltows NONE _NO_ Approved As to Form: CITY ATTORNEY Approved by the Council Of City of Bakenlftld Ap2rovel Recornmanded: City Engineer Mayor Date W., 0. wPdcT'igA4'1 f.- r vmrrvrceiuC ew id"9.. km ehamq'. Ap- dPb. p"q n rP rx arc 1 o64 "113 arer�eln w61 A""h On P,.,IL RR — r. 1. w.P WN—, ..a T.&.. 0 ............ (0 'h" 'Wk 4 -ti g"'M"�A' OW14 woq 1.14 payment thaelb, 11W. you z)*"n A=epled, Date: Contractor #VAUV ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements v. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/3/2018 iTiff-11 1.1 SUBJECT: Contract Change Order No. 4 to Agreement No. 16-232 with Griffith Company ($10,716.96; revised not to exceed $1,627,563.57) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to South H Street Project. Staff recommends approval of the contract change order. BACKGROUND: This project consists, in general, of pavement rehabilitation on Wilson Road from Wible Road to South H Street, which includes pulverizing 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 Americans with Disabilities Act (ADA) standards. Contract Change Order No. 4 provides for additional compensation due to increases in crude oil prices, which in turn increased the cost to produce Hot Mix Asphalt (HMA) utilized for the project. This increase is necessary due to the extended amount of time between when the project was bid and when actual HMA paving was placed on the project. The delay was due to several utility - related conflicts being encountered during construction. Over one year has elapsed between when the project was bid and when all utility conflicts were resolved. The contractor has agreed to accept a lump sum price of $10,716.96 as full compensation for these increases in oil prices. The cost increase of Contract Change Order No. 4 is $10,716.96. The sum of all change orders to date on this project reflects a total cost increase of $279,132.57 (resulting in a 20.7 percent increase to the original contract amount) as illustrated below: Original Contract Amount = $1,348,431.00 Amended Contract Agreement after Change Orders = $1,627,563.57 Net Increase to date = $ 279,132.57 This project is predominantly federally funded with both Gas Tax and Capital Outlay funds providing the local match requirement. No additional appropriations are needed for this contract change order. F-11 Ii all M I ��i 14 LI k &I Description Type D CC: O No 4 Msoin Road Paveirneint Rehab Agireeirneint 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. 4 P.O. NO. 171309 PROJECT: Pavement Rehabilitation 15/16 RSTP SHEET 1 OF Wilson Road from Wible Road to So H Street I 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: April 18, 2018 Construction Superintendent Construction Superintendent ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE • Adjustment to Item #23 Compensation for Price Index Fluctuation limit due to utility delays = $10,716.96 ESTIMATED COST: ACCOUNT NO (S) 151-4031-822-8041 T61<210 INCREASE $10,716.96 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 careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, fimush all materials, except as may otherwise be noted above, and perfomr all services necessary for the work above specified, mid will accept as full payment therefor the prices shown above. Accepted, Date: Contractor: Title: 05/23/1 8 CC AGENDA PACKET PG 25 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Agreements w. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 3/1/2018 iTiff-11 1.1 SUBJECT: Truxtun Avenue Operational Improvements: 1. Contract Change Order No. 2 to Agreement No. 17-171 with Granite Construction Company ($646,818; revised not to exceed $6,958,217.03). 2. Appropriate $646,818 in Transportation Development Fund (TDF) balance to the Public Works Capital Improvement Budget to fund Contract Change Order No. 2. STAFF RECOMMENDATION: Staff recommends approval of the contract change order and appropriation. BACKGROUND: The Truxtun Avenue Operational Improvements Project (Truxtun OPS) will widen Truxtun Avenue from a four -lane collector to a six -lane arterial from Empire Drive to approximately 100 feet east of Elm Street. Truxtun Avenue is within the State of California right-of-way where it crosses beneath State Route 99 (SR -99). The SR -99 overcrossing currently spans the four lanes of Truxtun Avenue and a tie -back retaining wall will need to be constructed under SR -99 on the south side to add two new 11 -foot lanes in the eastbound direction. Most of the widening along Truxtun Avenue will occur on the south side of the roadway. Change Order No. 2 compensates the contractor for the work required to demolish and reconstruct the storage unit buildings and site that are in conflict with the project. During the design, it was identified the storage units on the southwest corner of Truxtun Avenue and Oak Street would need to be reconfigured to allow for the widening of the road. Staff began working with the property owners to determine how to facilitate this work. However, shortly after this discussion, the storage units were sold and acquired by another owner and the new owners were non-responsive to staff inquiries regarding the project. As a result, the City proceeded with the eminent domain process in order to obtain order of possession. Due to this delay, access to the storage unit property was not available until late April and the units need to be demolished as soon as possible to ensure the project remains on schedule. The most prudent way to proceed is to have the Truxtun OPS contractor perform this work so that they can control the work and ensure there are no further delays to their schedule. The cost for this change order is an increase of $646,818. The net cost increase of Change Order No. 2 is $646,818. This provides a total cost increase of $656,600.03 which is a 10.4 percent increase as illustrated below: Current Contract Amount = $ 6,301,617.00 Previous Change Orders = $ 9,782.03 Current Change Order = $ 646,818.00 Amended Contract Agreement after CCOs = $ 6,958,217.03 Net Increase to date = $ 656,600.03 Funds to pay for this work were not included in the construction contract since it was anticipated the property owner would complete the work and be reimbursed for the cost. Therefore, staff recommends an appropriation of $646,818 in Transportation Development Fund balance to fund this contract change order. There is no General Fund impact associated with this project. ATTACHMENTS: Description D CCO #2 D Cost IBa.ck U�P D Se('UrCaire Rains Type /kgireeirneint BackUIMateir4� BackUIMateir4� CITY OF BAKERSFIELD y Thomas Roads Improvement Program t CONTRACT CHANGE ORDER SHEET 1 OF 1 CONTRACT NO. 17-171 CHANGE ORDER NO. 2 P. O. NO. PROJECT: Truxtun Avenue Operational Improvements Project CML -5109(228) Project No. TRWP87 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Manager DATE: CHANGE REQUESTED BY: Kristina Budak, Project Manager DATE: �IIMINTLO7:7:IeNreWN:1 :1N]X111JiI1111-31I1JiA Item # Item Description Quantity ESTIMATED COST: INCREASE $646,818.00 DECREASE Unit Price City Council Approval Required YES X NO Total CN 10.1 Temporary Office Facility 1 LS $ 37 000.00 LS $ 37 000.00 CN 10.2 Demo Existing Building 1 LS $ 74 761.00 LS $ 74 761.00 CN 10.3 Lead & Asbestos Remediation 1 LS $ 17 267.00 LS $ 17 267.00 CN 10.4 Building Construction 1 LS $ 429 440.00 LS $ 429 440.00 JCN10.51 Parking Lot Demo & Paving 1 LS I $ 32 550.00 LS $ 32,550.0O CN 10.61 Site Work & Paving 1 LS 1 $ 55 800.00 LS $ 55 800.00 Total Estimated Change: $ 646,818.00 Contract time will be deferred for this change. Total Increase $ 646,818.00 ACCOUNT NO (S): ESTIMATED COST: INCREASE $646,818.00 DECREASE By reason of this order the time of completion will be adjusted as follows: Deferred City Council Approval Required YES X NO Approved As to Form: City Attorney Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date: Contractor: Title: CITY OF BAKERSFIELD posy qa PUBLIC WORKS DEPARTMENT `nee�kxxn(Jxt Thomas Roads Improvement Program CONTRACT CHANGE ORDER MEMORANDUM TO: PAUL NIGLIO FROM: KRISTINA BUDAK CHANGE ORDER NO: DATE: 5/11/2018 PROJECT: Truxtun Ave huprovetnents/ T9WP4A 2 AGREEMENT NO. 17-171 ORIGINAL CONTRACT: $6,301,617.00 Is this in accordance with Environmental documents? INCREASE: $646,818.00 YES X NO City Council approval required? YES X NO Federally Participating? N/A YES NO THIS CHANGE ORDER PROVIDES FOR: Change Notice 10 (CN 10) - SecureCare Self Storage Remodel. Work to include reduction of SecureCare Self Storage Buildings A, B, C, D and the office in Building R. Included are also temporary office facility, demolition of existing building, lead and asbestos remediation, building construction, parking lot demo and grading, and site work and paving. Includes work detailed in attached proposal. REASON(S) FOR CHANGE: Property Right of Way acquisition didn't close until April 2018. Right turn pocket of new alignment requires reconfiguration of the SecureCare Self Storage facility and office. METHOD OF PAYMENT: Payment will be made at an Agreed Lump Sum TIME ADJUSTMENT: Contract time will be deferred for this change. CCO DISCUSSED WITH: ESTIMATE OF COST Assistant Director of Public Works This CCO Total to Date* COB - Project Manager X Items $0.00 $0.00 Construction Manager X Force Arnount $0.00 $0.00 Design Agreed Price $646,818.00 $646,818.00 Adjustment $0.00 $0.00 Prior Approval by: Date Total $646,818.00 $646,818.00 Prior Approval by: Date Supplemental Funds Provided: $ Fund Seare�4ation: Federal Participation? N/A Federal No. % Concurrence by: % N/A *Estimated due to sequence of processing. T9WP4A Truxtun Ave Operation Improvements 5/9=18 Secure Care Renovation ITEM Temporary Office Facility Building Demolition and Asbestos Remedlation Building Construction Demo Pavement, Grading & Site Work $ 1 LS Temporary Office Facility (Two Month Rental) $ 37,000.00 Includes L&E&M&S for Setup/Removal of office facility. Includes temporary bathroom facility, electrical, office furnishings, and water. Includes ADA access ramp. I MID Office Additional Monthly Rental($2,325/Month) Temp Charge m Tom office facility rental charges billed monthly for office rental over 2 months.—. LS Demo Existing Building $ 74,711 Includes two mobilizations on demolition subcontractor for project phasing. 10% markup included on subcontractor billing, 1 LS Lead and Asbestos Remediation $ 117,267.00 Lead and asbestos remediation. 10% markup included on subcontractor billing. 1 LS Building Construction $ 429,440.00 Colombo Construction full scope of building contract. Includes phasing for convenience of property owner. Includes 1.5% bonding. 10% markup included on subcontractor Billing. I LS Parking Lot Demo and Grading $ 32,550.00 Demo of 7000 SF AC pavement. Grading of 7500 SF Site & removal of spoil dirt. Haut off spoil and demo. I LS Site Work and Paving $ 55,800.00 Construct ADA parking pad & ADA path to building Relocate Flagpole 155 TN 1/2" PG 64-10 HMA. Assume 0.25' thick TOTAL All markup included in above items $ 646,818.00 GRAND TOTAL 6=46,818-00 SECTION DESCRIPTION QTY. UNIT UNIT COST UNIT TOTAL I TOTAL General:Conditions General Expense Plans & Engineering - By Ci !y of Bakersfield $0,00 Test & Inspections LS $18,275.00 $0.00 1 $0.00 05123111 8 CC AGENDA PACKET PG 256 Kroeker, Inc. 1.00 LS $67,965M $0.00 08410 Shoring - By Colombo C�c-)nst, Co., Inc. IM LS $12,0=00 $12,000.00 0-2200102300 Grading/ Earthwork - By Granite Construction 1.00 LS $4,925.00 $4,925.00 $0X0 02611 AC Pavinq - By Granite Construction 1,00 EA $900.00 $900.00 $Uxo 62-606 Site Concrete - By Granite Construction $0.00 02700 Gypsum Board Assemblies $15,172.00 Taft Plumbing -Domestic IM LS $16,172M $16,172.00 02821 Chainlink Fence $0,00 02826 Ornamental Met IM LS $3,900.00 $3,900.00 $0.00 09650 Gate Controller EA $0.00 $0,00 $7,810.00 Zoncrete, VCT Tile 700.00 SF $10.00 $7,000.00 03100 Structural Concrete - Excludes Excavation 180.00 LF 1 $4.50 1 $810.00 $22,060,00 09900 Colombo Construction Co., Inc. - CMU Footing 1,00 LS $ $7,200.00 Masan Paint IM LS $7,200.00 $7,200.00 04200 Unit Masonry $46,00000 10350 Dorfmeier Masonry, Inc. - CMU Walls 1.00 LS $46,000.00 $46,000,00 $000 Metals Si ns $5,490.00 05'100 Structural Steel IM Is $5,490,00 $5,490.00 Gate Controller Cover 1.00 LS $3,890.00 $3,890.00 05500 Miscellaneous Metals $23,280,00 Woods & Plastics 0000 lFinish Carpentry $7,750.00 06400 _lCasework - 9'-0" Long Counter w/ 3'Swing Gate $5,165.00 Thermal & Moisture Protection 07500 Modified Bitumen Roofing - Excludes Asbestus Remediation M,97900 MidState Sheet Metal - Roofing & Sheet Metal 1.00 LS $13,975.00 $13,975.00 Openings. 08110 Hollow Metal Doors & Frames $950.00 05123111 8 CC AGENDA PACKET PG 256 Hollow Metal Door & Frame 1.00 EA Owoo $950,00 08410 Aluminum Windows & Storefronts Kern Glass- Entry Door & Side Lite 1.00 LS $4,925.00 $4,925.00 Kern Glass- Storefront Window 1,00 EA $900.00 $900.00 Finishes 09260 Gypsum Board Assemblies $2,813.00 David M. Schmitt - Metal Studs & Drywall IM LS $2,813.00 $2,813.00 09500 Acoustical Ceiling $3,8()0,00 Western Building Material - T -Bar Ceiling System IM LS $3,900.00 $3,900.00 09650 Resilient Flooring $7,810.00 VCT Tile 700.00 SF $10.00 $7,000.00 JRTSB 180.00 LF 1 $4.50 1 $810.00 09900 jPainting I 1 $7,200.00 Paint IM LS $7,200.00 $7,200.00 Specialties 10350 Flagpoles -By Granite Construction $000 10440 Si ns $5,490.00 Isigns IM Is $5,490,00 $5,490.00 05123111 8 CC AGENDA PACKET PG 256 wa WOMM ow A *mow oft 0 t � 4 t 0 ISECTION DESCRIPTION QTY.UNIT UNIT COST UNIT TOTAL TOTAL JEStLiprment... Special Construction Conve in Equiprrtent Mechanical 15300 1 Fire Protection - Not Required $0,00 15400 Plumbing - Excluded $13-00 15700 1HVAG $3,918.00 Joumey Air - HVAC Supply & Return Air Registers I Air Balance 1.00 $3,918.00 $3,918,00 Electrical: 16000 Electrical $87,240.00 Three Phase Electric - Electrical 1,00 LS $87,240.00 $87,240,00 Excavation - Exduded SF MOO 16300 Alarm System - By Owner $om TOTAL ABOVE COST $329,428 0% CONTINGENCY $ - SUB -TOTAL $ 329,428 15% CONTRACTORS FEE $ 49,414 SUB -TOTAL $ 378,842 1% LIABILITY INSURANCE $ 3,788 SUB -TOTAL $ 382,631 ERRORS & OMISSIONS INSURANCE $ 1,913 TOTAL CONSTRUCTION COST $ 384,544 05123118 CC A GENDA PA C PG 257 i i 1 t 1 1 F t E �F �1 1 i ! 1 t i �1 �I i I f t { 1 1 f 1 i E ! # 1 1 1 t 1 �1 �# �1 �S �F �I 1 1 f 1 1 �I �t �1 Q% t t 1 f ! 1 t 001 CO,�t ZQi 1 3 fI T) 1 t t t ! f 1 1 f 1 (,�I 1o, O1 (Q1 00{ N1 i i I t I t I t 1 t Ot (fit (01 —t �Tt mi _ml 1 00, 1 ()1 471 tT' i Cl ht P -L! 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(-,ttt1 -L nree Phase Electric 5600 Brooks Court Bakersfield, Ca. 93308 Phone 399-3814 Fax 399-3813 Lic. No. 527802 Date April 18, 2018 To: Colombo Construction 3211 Rio Mirada Drive Bakersfield, Ca. 93308-4945 Re. Extra Space Install temporary service to existing storage units Intercept existing circuits that are to remain connected during construction Demo existing panels Demo out existing sub feed wire Demo out existing light fixtures Demo out existing wiring in building Demo out office Rough wire new office Install new lights Finish new office Relocate existing sub feed conduit to new locations Reinstall existing panels in new locations Pull sub feed conductors Reconnect existing conductors to relocated panels Remove all temporary service Total for the above $87,240-00 Excludes all excavation and compaction Thanks! Tom Armistead Three Phase Electric DORFMEIER MASONRY, INC. 4685 E. HEDGES AVE. FRESNO, CA. 93703 Ph 559-255-9760 Fax 559-252-5508 Cont Lie # 861556 DIR PWC #1000002453 April 23, 2018 To: Colombo Construction Job: Extra Space Storage Re: Scope Letter Location: Bakersfield, Ca Bid Date: April 23 Dorfmeier Masonry is submitting a bid for the masonry on the subject project, per plans and specifications, furnished and installed, tax included as follows: Inclusions: Furnish and install CMU, mortar, grout, and rebar as shown on the plans. Labor and equipment as required. Includes drilling and doweling to existing CMU. Includes one mobilization. Exclusions: Bond Premium, layout, wall lines and grades; testing; inspection; shoring; bracing; forming; infilling of beam pockets after placement of steel; drilling and doweling; cleaning of footings; caulking and backer rod; sealants; firesafeing; waterproofing; damp proofing; sealers; furnishing and installation of embed items; drypacking; furnish and install of hollow metal doorframes, metal and nonmetal flashing and reglets; welding; furnishing and installation of ledgers, anchor bolts, and steel angles; templates; expansion anchors; cleaning and preparing of concrete surfaces prior to laying block (we broom clean loose material only); water repellents; anti -graffiti coatings, coring; disposal of masonry debris; water and power by others. Demolition of masonry is by others. Concrete footings are by others. Qualifications: Water and power to be furnished by others. Forklift accessibility to walls with Gradeall. Lay down area required for materials. All underground piping will be clearly marked. Contractor will provide I set of plans and specs to us at no cost. This scope letter will be incorporated into the subcontract. This bid is valid for thirty (30) days from bid date and may be revoked at any time after that. We are a union contractor. We are a State of California Certified Small Business (micro) 455267. Spec. Sections: None Base Bid: $46,000.00 Wendi Jensen Addendum Noted: None April l8, 2018 Granite Const Attn: Paul Email: Pau I.Niglio@,gcinc.com Re: City of Bakersfield- Storage space section demolition: 3301 Truxton Ave - Thank you for the opportunity to submit our proposal on the project referenced above. Below you will find our scope of work and pricing, along with a list of special provisions and exclusions. Bldg R/E: wall saw emu wall, detach from existing adjacent building, demo and dispose of existing buildings, slab, and footings. Selective demo inside, remove stud walls and ceiling. Demo permit included; based on one demo permit. Any base rock under slab will be left in place. Per plans AS -101 Bldg A/B/C/D: detach from existing adjacent building; saw cut asphalt around perimeter of bldg. Demo footprint, demo and dispose of emu wall, slab and footings. Any base rock under slab will be left in place. Per plans AS- 101 Bldg A/B/C/D/R: salvage and return onsite to owner, doors/frame, roll up doors/frame, and tire extinguisher. Salvage flag pole and return to owner on site. Per plans AS- 101 Price: 563,965.00 (Price based on regular working hours Mon -Fri lam-3:30pm. Based on one mobilization.) Kroeker, Inc will require access and limited disruption to demolition. , 7 i its " , , " - BIR: #1000006246 Note: OwnerlGC to have gas, electric, water and other cables cut and capped by others. CL fence and section of asphaft1sidewalk at road expansion by others tinder separate project. Price doesn't include asbestos survey and for hazardous material removal. EXCLUSIONS: Layout, noise control,traffic control, lane closure, traffic control plan, protection of other items, surface preparation, grading, asphalt/concrete/cmu patch back, weatherizing of buildings, any remodeling of buildings, Hazardous Material Removal, excavate/backfill/compact, cutting, capping, or demo of utilities, location of utilities not clearly marked, damage to existing facilities not clearly marked, standby time due to "627 S. C110SWUt Ave,. - Fresno, CA 93726-9370 Tel (5,39) 237..3764 (FROG) - Fax (559) 26111-3366 (DEMO Toll Free (800)J KROFKFR (557-6353) "I sl')v vvww. k rocke 6 nc. co in the general contractors or subs, encroachment permits, asbestos survey, or demo work for sub -trades (i.e., savveut, break, and remove concrete, asphalt, coredrilling, etc.) unless specified above. Agreement: The price for the above work is $see above, Additional work beyond scope of work will be charged in accordance with the current Kroeker, Inc. rate sheet. Our bid is valid for thirty (30) days. All C.O.D. projects will require a deposit of 1/3 of the estimated contract amount prior to commencing work, with the balance due upon completion of the job. Projects lasting longer than thirty (30) days will be invoiced on a monthly basis and will be due in thirty (30) days. Our terms are cash, net thirty (30) days. Past due accounts will be charged at I - V2% per month. This is an annual rate of 18%. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, Box 26000, Sacramento, CA 95826. Kroeker, Inc policy is to be paid on a 30 day cycle for progress payment on any projects that exceed thirty (30) days. Thank you for the opportunity to submit this bid. To authorize our services, please sign and return one (I ) copy of this letter, which will serve as our agreement and authorization to proceed. Best Regards, Daniel ToNar Estimator Print Signature Date April 7, 2018 Granite Const Attn: Paul Email: paul.niglio Re: Truxton storage buildings — Abatement removal JOB NAME: Abatement — 3301 Truxton Ave, Bakersfield PARC Environmental, hereinafter designated as PARC, proposes to perform the following Scope of work: Remove, transport, and dispose of Asbestos Containing Materials as identified in the Group Delta report Price is based on the following: 1. Setup regulated working area. 2. Remove Asbestos Roof Mastic where building to be demolished. 3. Stabilize flaking lead paint on Door Frames where building to be demolished. 4. Dispose materials as Hazardous Waste with a signed manifest, 5. Work to be done in 2 mobilization. 6. Work to be done during normal business hours. 7. Price includes all applicable APCD fees and notifications. 8. Price is based on Prevailing Wage Rates. Cost: $15,698.00 F! This proposal shall be incorporated into any contract and attached to it as an Exhibit. �_� Retention shall be paid within 90 days of substantial completion of work by PARC, J Unless otherwise noted, this is a lump sum proposal; quantities listed are informational only and not to be used for deductive pricing.. Agreement: The price for the above work is $see above, Additional work beyond scope of work will be charged in accordance with the current Kroeker, Inc. rate sheet. Our bid is valid for thirty (30) days. All C.O.D. projects will require a deposit of 1/3 of the estimated contract amount prior to commencing work, with the balance due upon completion of the job. Projects lasting longer than thirty (30) days will be invoiced on a monthly basis and will be due in thirty (30) days. Our terms are cash, net thirty (30) days. Past due accounts will be charged at 1- 112.% per month. This is an annual rate of 18%. Contractors are required by law to be licensed and regulated by the Conti -actor's State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, Box 26000, Sacramento, CA 95826. Kroeker, Inc policy is to be paid on a 30 day cycle for progress payment on any projects that exceed thirty (30) days. Thank you for the opportunity to submit this bid. To authorize our services, please sign and return one (I ) copy of this letter, which will serve as our agreement and authorization to proceed. Best Regards, Print Signature nut Ave. - r Fesno, CA 93725-93 70 4462' S. Chost T1,1 659) 237-3764 (FROG) - Fax (559) 268-3366 (DENIO. 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Smith, Finance Director DATE: 5/11/2018 111-11 V 03 SUBJECT: Purchase of a portion of 31/33 Real Road from Jamie G. Leal for $200,000 for the Centennial Corridor Project: 1. Approval of purchase/sale agreement. 2. Adoption of Resolution Declaring Real Property Surplus to the needs of the City. STAFF RECOMMENDATION: Staff recommends approval of purchase/sale agreement and adoption of the resolution. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring both full and partial portions of properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The partial acquisition of this property consists of: 3,642 square feet (s.f.) of land; 166 s.f. footing easement; 1,205 s.f. sewer pipeline easement; 1,207 s.f. access easement; and a 4,747 s.f. temporary construction easement from Jamie Leal. This will result in a total loss of parking for Mr. Leal's two office buildings at 31 and 33 Real Road. To offset the loss of a parking, the City has agreed to construct a new parking lot on surplus City -owned land that adjoins Mr. Leal's property. The cost of the parking lot construction will be bid out separately and the construction contract will come back to the City Council for approval. After the parking lot construction is completed, the City will deed the underlying land to Mr. Leal as set forth in the attached purchase/sale agreement. The purchase price of $200,000 is the product of negotiations based on the property's fair market value as determined by independent appraisals prepared by Merriman, Hurst & Associates, and Mr. Leal with the assistance of Valbridge &Associates. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014, for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100 percent federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as "toll credits." The term "toll credit" is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means "to lead or attract to a desired point." Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. ATTACHMENTS: Description D PUirchase Salb /kgireeirneint D Pa irHing I ot Exhbt D ReSdUdoin dedairit ireaIpirqpeirtySUirpk1S Type /kgireeirneint Exhbt Resokltblrl APN: 149-222-39 CPN: 87677 TITLE REPORT NO: FWKN-5501502413-KW PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_ by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and JAIME G. LEAL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth. Buyer possesses eminent domain authority and Buyer's staff will recommend the adoption of a resolution of necessity if the Parties are unable to complete a negotiated acquisition of the Property by Buyer. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. a. Seller is the owner of the real property located at 31-33 S. Real Road (APN 149-222-38 and 39) ("Subject Property"). Seller agrees to convey to Buyer, and Buyer agrees to accept from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), those portions of the Subject Property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT "Al" and A"2" (Fee Acquisition) and "Al" and "A2" (Footing Easement), "Al" and "A2" (Sewer Easement), "Al" and "A2" (Access Easement), and: "Al" and "A2" (Temporary Construction Easement) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Buyer agrees to sell to Seller, and Seller agrees to purchase from Buyer, upon the terms and for the consideration set forth in this agreement, all those certain real properties (herein after called "Replacement Parking Property" and "Additional Property") situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT "B1" AND "B2" (Replacement Parking Property Fee) and "B1" AND "B2" (Additional Property Fee) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price for the Property, payable in cash and by conveyance of the Replacement Parking Property through escrow, shall be the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) a. Notwithstanding the forgoing, if the Buyer determines that the temporary construction easement term will extend beyond the Termination Date, as described in Section 5 below, the Parties will renegotiate additional just compensation to extend the temporary construction easement at the then fair market value. 3. CONVEYANCE OF TITLE. a. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property, or such lesser interest as may be described, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: i. Non -delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. ii. Quasi -public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). Within sixty (60) days of Buyer's completion of the parking lot improvements described below, the City of Bakersfield, the Buyer, will deliver to the Seller a good and sufficient Grant Deed to the Replacement Parking Property (together with a non-exclusive access easement to/from Stockdale Highway and sign rights) and Additional Property, free and clear of all liens and encumbrances except taxes, special assessments, and easements, if any. The Replacement Parking property has been appraised by the City of Bakersfield and valued at $236,352. The Additional Property has been appraised by the City of Bakersfield and valued at $46,000. c. The buyer shall cause said Replacement Parking Property to be improved with parking lot improvements, as described below, estimated to cost $181,000. The Buyer shall convey the Additional Property as is, without any improvements or alterations. d. It is understood and agreed that the Buyer will not be obligated to pay escrow charges, title insurance or documentary transfer taxes incurred in the conveyance to the Sellers of the Replacement Parking Property. e. It is understood and agreed the Seller assumes all responsibility for any tax liability. 4. TEMPORARY CONSTRUCTION EASEMENT. Seller agrees to convey to Buyer a non-exclusive Temporary Construction Easement ("TCE") in, on, over and above the portion of the Subject Property depicted on the attached Exhibit "A2" and incorporated herein by this reference. The term of the TCE shall commence upon full execution of this Agreement and shall continue until completion of the Project, but no longer than Forty -Eight (48) months from the Commencement Date ("Termination Date'. In the event the Project is not completed on or before the Termination Date, the Buyer shall provide written notice to Seller not less than thirty (30) days prior to the Termination Date of its election to extend the TCE and the Termination Date. Such extension shall be documented in an amendment to this Agreement and just compensation for said extension shall be the sum of Four Hundred Seventy -Five Dollars ($475.00) which is the monthly equivalent of the Buyer's appraised valuation of $5,696 per year. 5. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of said deed(s) to Buyer, provide Buyer with ALTA American Land Title Association Policy of Title Insurance in the amount of $107,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 6. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent, or such earlier date as Buyer determines to make such deposit. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 7. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except prepayment penalty (if any); d. Pay the amounts payable to Seller under Paragraph 2 of this Agreement after first deducting the amounts charged to Seller under Paragraphs 8 a, b and c above, and the value of the Replacement Parking Property set forth in Paragraph 3 b above. e. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; f. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreement; g. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow," if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 8. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 9. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is a public entity and exempt from payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for payment of any/all real property taxes due through the date of close of escrow, including any pending supplemental bills. In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow holder is authorized and instructed to pay and/all installments, currently due, along with any delinquencies. Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines. Buyer and Escrow holder are not responsible for same. In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills they receive from the County of Kern. 10. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to Seller's remainder property by reason of the acquisition of the Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this Property. Seller and Buyer, and each and all of their individual collective agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way relating to any condemnation action affecting the Property. 11. CONSTRUCTION CONTRACT AND CURATIVE WORK. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 herein above, the Buyer, its contractors or assigns, shall perform the following construction contract items during construction of the proposed project: i. Construction of parking lot improvements on the Replacement Parking Property, including the reconstruction of the driveway entrance that connects to Real Road, across the TCE area, to the Replacement Parking Property. Installation of 6' wrought iron fencing along the perimeter areas of the Replacement Parking Property, except a portion of the north property line to allow for ingress/egress to/from Stockdale Highway. Per request of Seller, an existing 6' block concrete block wall that extends along the west property line of the Subject Property will be removed to accommodate direct line of sight and pedestrian access to the Replacement Parking Property. iii. During construction of the project and/or parking lot improvements on the Replacement Parking Property, a temporary parking area will be constructed for use by Seller on City owned land immediately south of the Subject Property that will have access from either Real Road or Elcia Drive. A travel path available for pedestrian access between the temporary parking and the buildings on the Subject Property will remain open during construction as necessary. During the period when the temporary parking area is available, the Subject Property's existing driveway may be closed. iv. Attached as Exhibit Cis a plan generally depicting the scope of work to be performed and the expected timing and phasing for such work. Such work shall be performed by Buyer as depicted in Exhibit C, or the substantial equivalent thereof, subject to such changes as Buyer determines are reasonably necessary to properly complete said work. Buyer shall provide Seller with not less than thirty (30) days notice prior to commencement of said work. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the Buyer, shall be left in as good condition as found. 12. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, and its authorized agents or contractors, the right to enter upon the Property upon forty-eight (48) hours prior written notice to make necessary and reasonable inspections. Such inspections may include predemolition asbestos and lead based paint testing. If the Property is being rented, Seller will coordinate with tenants on the Property, notifying them of such inspections. Buyer and Seller will cooperate to assure that Buyer's exercise of this right -of -entry respects the rights of any tenants to the quiet enjoyment of the Property. 13. POSSESSION. Seller and Buyer acknowledge that, notwithstanding other provisions in this contract, the right of possession and use of the Property by Buyer, including the right to commence construction activities on the Property, including without limitation to the demolition of improvements on the Property, construction of the Project and/or construction of related improvements, shall commence on the date the amount of funds as specified in Clause 2 herein are deposited into the escrow controlling this transaction. 14. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 15. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges that the sums received from Buyer under this Agreement constitute full payment of just compensation in eminent domain (including, but not limited to, compensation for the fair market value of the real property taken, severance damages, improvements to the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory, loss of business goodwill, court costs, litigation expenses and any interest which might be due on such matters). Seller acknowledges that the amounts paid under this Agreement constitute the total amount due Seller, and that no further payments are due, owing or payable. Seller waives any other claims it might have for further payment or further compensation, and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith. 16. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. e. Until the closing, Seller shall, upon learning of any factor condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that he is the sole owner, in fee simple, of and has the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 17. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 18. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 21. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 22. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 23. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 24. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 25. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 26. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. MAILING ADDRESS OF SELLER 8300 Rockhampton Drive Bakersfield, CA 93313 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD SELLER JAIME G. LEAL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY By: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: "Al" and "A2" (Fee Acquisition), Exhibit "Al" and "A2" - Legal Description and Depiction of Footing Easement, Exhibit "Al" and "A2"— Legal Description and Depiction of Sewer Easement, Exhibit"Al" and "A2"— Legal Description and Depiction of Access Easement and Exhibit "Al" and "A2"— Legal Description and Depiction of Temporary Construction Easement, Exhibit "B1" and "B2"— Legal Description and Depiction of Replacement Parking Property Fee and Exhibit "B1" and "B2" — Legal Description and Depiction of Additional Property Fee. EXHIBIT "Al" & 11A2" LEGAL DESCRIPTION AND DEPICTION OF FEE ACQUISITION LEGA L DESCRIPTION Caltraus Parcel No. 876?? -1 Acquisition: Fee APN 149-222-39 That I)L)I-ti011 01'Parcel '13as deswibed in Urairl Deed Recorded April 25, 2005 as Docuawn( No. 02051025d3, Official Records of"Kern County, locatcd in the north%cst quarter of the northeast quarter of Section 2, Township 30 South, Range 27 Last, Mount Diablo 13ase and Merichan, in the City of Bakersfield, C"cninty of. Kern, State ot'Cald6rnia, more particularly described as t6llows: Coluraviteingat the intersection oftfw northerly live of seined Section '2 with the centerline of'South Real Road as shown ori Record of'Survey No. 3559, Book "30, pages 138 thiough 147, inclusive, RQc:(,)rds of said Cuumty„ Thence uluig said een terline South 009 5 " 12" West 34 1 A feet; Thence North 89'24'48" West 45M feet to the Westerly Ifile of said South Read Road and the Point of Beginning; "I'hence South 9VOO'00" West 9.69 f6et; Thence North 89'24'18" West 19.00 feet, Thence North 8595'3 3" West 92 06 flect to the westerly line of'smid Ptirec"I IV Thence alongsaid Nvesterly line and the goutherly fine of said Parcel 'IV ffie l'olkmving, two (2) cores s: I. South 0015'24" West 33.,19 ficet" 2. South 88'5525" Deist 120,55 f6et to said westerly line of South Roat Road; Thence along said westedy line North 00'35'12" East 28,49 feet to the Point ofltegiimiing, The above deseribed parcel Qoutains 3,642 square feet more or Im This conveyance is inade for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the ORANTEL,, and its successors and assigns, any and all abutter'S fightS 0facres S, aq)pLH'tCiI8[IiI. to (YKANTOR's remaining propeay. The Basis of Bearing's for this Sul Vey are based upon the North American Datum cal' l983 (NAL)83) of the Cahlbrnia Cmm-diriate SNmem of' 1983 (C(S83), Zone V, 2004.00 Epoch. HA4C')IAI0I0IQ0MJHVLY1J t(A 5\876/A8161k I Exhibit At FEE A)u Page I of? 'rhis legal crier cr i ption ii [lot intencled 1,61- use ki the division and oi couvvywwc of land in violation ofthc subdivision inap ac I of the State ofCalifornia. See plat attached hereto as fnxhibit 'AT and by this relerence made as part heveof. Prepared under the direction I ele) Dale. I ExhUtAl FEE Aucx Pare 1 of 2. Tim RGarcia, PLS No9146 I ele) Dale. I ExhUtAl FEE Aucx Pare 1 of 2. r'Ar,,0EL 87677--f Tfrl E 3,6A4R2EAS�+ 149-A2P2N2 -3FE9 STOCKDALE HIGHWAY ----- - - - - --------- NORTHERLY UNL OF SFCT�rWt ---- 11 1 — -�— — — , - " � ---------- %('01% 0/1. J,5,9 AFIN: 149-- 222-- 26 19,00' WESTERLY LINE N85 3533"W PARCEL 'B' PROPOSED L RIW LINE INDICATES REVERSE CURVE 6�14 Ill. f 1c. INDICATES RADIAL BEARING CM, CALTRANS PARCEL NUMBER C:= L114ITS OF DESCRIPTION THE BASIS OF BEARINGS FOR THIS SURVEY ARE WED UPON THE NORTH AMERICAN DATUM OF 1983 (NA883) OF THE CALIFORNA COORDINATE SYSTEM OF 1983 (CCS83), ZONE V, 2004.00 EPOCII. THE DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406,. PREPARED BY: P S 0 M A S 1500 8owc Avenue, SuRe 210 RlwaWa, CoNfainla 52507 (061) 79I-0421 *wmpvomai,cvm P.O.C. INT NORTHERLY LINE OF (45') 1 (45) SECTION 2 WITH THE CENTERLINE OF SOUITH REAL ROAD P'ARCEL'A' DOC, No, 0205102543 REC. APR, 25, 2005 O.R. APN: 149 -222 38 NORTHERI - Y UNE PAR PARGEL'13' DOC, Na. 0205102543 REC. APR. 25, 2005 O.R. AM 141 222 33 L3 1 0 TE L6 SOU-niERLY LINE PARCEL '8' AM 149 222 04 '90 NF I En DIM INDICATES ABL17ER'S RIGHTS OF ACCESS. IND11CATES RrCCRD DATA PER RECORD OF SURVEY NO 3559 R.S. 30/138-147. PROPOSED R/W LINE ol 4G' 80, SGALL: l`=NU LIN.... ......... E 'TABLE 45,W L.2 S90'00'00'W 9.69' L3 EXISTING RIGHT OF WAY 19,00' ABANDONED RIGHT OF WAY N85 3533"W RECORD PROPERTY LINES L5 EASEMENT AS NO'lLD (PRC) INDICATES REVERSE CURVE (R) INDICATES RADIAL BEARING P.O,B, POINT OF BEGNNING P.O.C. POINT" OF COMMENCEMEN't THE BASIS OF BEARINGS FOR THIS SURVEY ARE WED UPON THE NORTH AMERICAN DATUM OF 1983 (NA883) OF THE CALIFORNA COORDINATE SYSTEM OF 1983 (CCS83), ZONE V, 2004.00 EPOCII. THE DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406,. PREPARED BY: P S 0 M A S 1500 8owc Avenue, SuRe 210 RlwaWa, CoNfainla 52507 (061) 79I-0421 *wmpvomai,cvm P.O.C. INT NORTHERLY LINE OF (45') 1 (45) SECTION 2 WITH THE CENTERLINE OF SOUITH REAL ROAD P'ARCEL'A' DOC, No, 0205102543 REC. APR, 25, 2005 O.R. APN: 149 -222 38 NORTHERI - Y UNE PAR PARGEL'13' DOC, Na. 0205102543 REC. APR. 25, 2005 O.R. AM 141 222 33 L3 1 0 TE L6 SOU-niERLY LINE PARCEL '8' AM 149 222 04 '90 NF I En DIM INDICATES ABL17ER'S RIGHTS OF ACCESS. IND11CATES RrCCRD DATA PER RECORD OF SURVEY NO 3559 R.S. 30/138-147. PROPOSED R/W LINE ol 4G' 80, SGALL: l`=NU LIN.... ......... E 'TABLE 45,W L.2 S90'00'00'W 9.69' L3 N89'24'48"W' 19,00' L 4 N85 3533"W 92.06' L5 SOD*,i5'24"W 33,49' 1-6 . . . ................. 588*55'25"E . .... 120,55' L7 N00*35'121 28,49' DATE: 09-05-17 REV.: 1 PK EA; 48460 DI � S�IEET TOTAL SHEETS 06 BY KERN 56 1 w m 1 1-1 05123118 CC A GENDA PA C PG 287 EXHIBIT "Al" & 11A2" LEGAL DESCRIPTION AND DEPICTION OF FOOTING EASEMENT EXIBBI'J'Al' Lf`,(,AL USC RTP,rm Caltrans Parcel No. A7677-2 Acquisitiou: Fooling Easement APN 149-222-39 That portion of Pareel '11' as described in (trant Dud Recorded Aprif 25, 2005 HS DOGUMent No. 020:5102543, Officiul, Records of'kern Counly, lovatod in the nurthwus( cluartol apt" the nortlivad quarter ot"Section 2, "rownship 30 South, Range 27 Eosl, MOUnt Diablo Base and Meridian, in the city or Bakersf left], County of Kern, Stato of"Californin, more partivularly clescribed as follows: Comnieuving at the intersection ofthe northerly line of said Section 2 with the centerline of South Real Road as shown on Record of Survey No. 3559, ['3()rlk 30, pages 138 through '147, inclusive, Records ofsaid County; 'I'lle"Ce along said centerline South 00135" 12" West 341,09 Feet; Thence North 89'24'48" West,15.00 feet t(,,) the vvcswrly line of said South Real Road, - Thence North 90'00'00" West 0,69 Feet to [lie Point of Begimling; ,11joirlee Nodh 8Q'12449—W1e%1 19-00 fcet; Thenve North 35'35'33" Wcat 92,06 kwl to the Nvotrly finc Qfsaid J'arect 'W; Thence atongwid VVQ3t0t-l.Y fil"10 N01411 ()V-15'14" East 1,21 feet; Thence South 35`35"33" East 92.10 fect-, 1 hence South 89'24'48" 4,97 1"ect; Tlicum North 00'35'12" East 2.29 feet; Thence South 89'24'48" Elam 13.99*0; Thence South, 00"35'12"' West 3.50 leel to the Point of Regitmingg. The above described parcel contains 166 stlivare, [eet rnore or less, 1"he Flasis, of Bearings fear this survoy are lvased upon the North American Datum or 1983 (NA D83) ol the Calif'ornia Coordinaysto-ti of] 983 ((,(,'S83), Zone, V, 200,1 00 R:N40PC01010 I W,,Jfx,VEY'��,EGA�,S\7677\87F,77.2, FxhibitAl FT(., ESW-docx Flago I of 2 'niis iegai ciesoription is not iiitended fin, use in the divisim and or Qonveyancc of land in violation of the;. subdivision map act ofthe State of'Caffornia, See plat attached hereto as Exhibit 'AT and by this ref�rence inade a part hereof. prepared under die direction of, Tial RX"Earcia, PLSNo� 9146 Datc� RA4 Oil C010101\5 U RV MLE GALS\ 8 76 77\87677-2 ExhOM Al F1 (5 E$m'r,.docx Page 2 of 4 P'AP' 0,EL # TITLE AREA S 87677-2 FOOFNE "ETTMIENT 166F. STOCKDALE L ppW NORTHE�RLY LINE OF SECTION 2 ctii GRID WSTANCES. GROUND DISIANCES .. ........... ---- — ------- /,,Ci2o, �11) 04, A 149-222-26 WESIFfiLY LINE PARCEL V SEE DETAIL HEREON — m- INT. NORTHERLY I INC OF SECTION 2 WTH THE CENTERLINE OF SAOU'nt REAL ROAD PARCEL'A' DCK, No. 0205102543 REC. APR. 25, 2005 O.R. APN: 149-222-38 NORTHERLY LINE PARCEL V PARCEL'B' DOC, No. 020511121146 REC. APR. 25, 2005 O.R. APNe 149- 222 39 PROPOSED J'AB. R/W LINE S89*24'48"E 1,3199' M 2*,w 'a x":21" WU 11 IrRLY LINE PARCEL V Aft 149-222-04 ....... LEGEND �,ROPOSEO ...... . . . ............. R/W LINL CALTRANS PARCEL NUMBER IUM C== LIMITS OF DESCRIPT�JON EXISTING RIGHT OF WAY ABANDONED RIGHT OF P WAY ARGEL'13' RECORD PROPERTY ES WESTERLY LINE LIN ENSLMEN1 A53 NOTEDV AF 141.) 222 39 (PRC) INDICATES REVERSE CURVE L15 5 L10 (R) INDICATES RADIAL HEARING P,O.B, POINT OF BEGINNING L2 P,O.C. POINT OF COMMfNICEMENV L4 NOTES PROPOSED THE BASLS OF BEARINGS FOR THIS R/W LINE P.O.B. SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CC'S63), ZONE V, 2004.00 EPOCK ArIN ............... ........... 149-222-39 HICHWAY ppW THE DISTANCES SHOWN HEREIN ARE ctii GRID WSTANCES. GROUND DISIANCES - ---- - ----------Ci"--- ------- MAY BE OBTAINED BY DNIDING GRID OF o/61 RECORD OF SURV�.,'y NO. 3559 DISTANCES BY THE COMBINATION R.S. 30/138-147� LINE TABLE FACTOR OF 0,99996406, lJNE # DIRECTION LENGTH Ll N89'24'48"W 45.00' PREPARED BY'.,�PATE� . . ........................... FL3 09-05-17 REV�: I N89'24'48"W 19, 00' L4 LITE N8, w ............ 92106� —Di NDO 5'24"E 1,21' 06 KERN 58 L7 S89'2448F 4 97' I A iinn-mli 111'r qn, PROPOSED J'AB. R/W LINE S89*24'48"E 1,3199' M 2*,w 'a x":21" WU 11 IrRLY LINE PARCEL V Aft 149-222-04 ....... LEGEND �,ROPOSEO ...... . . . ............. R/W LINL CALTRANS PARCEL NUMBER IUM C== LIMITS OF DESCRIPT�JON EXISTING RIGHT OF WAY ABANDONED RIGHT OF P WAY ARGEL'13' RECORD PROPERTY ES WESTERLY LINE LIN ENSLMEN1 A53 NOTEDV AF 141.) 222 39 (PRC) INDICATES REVERSE CURVE L15 5 L10 (R) INDICATES RADIAL HEARING P,O.B, POINT OF BEGINNING L2 P,O.C. POINT OF COMMfNICEMENV L4 NOTES PROPOSED THE BASLS OF BEARINGS FOR THIS R/W LINE P.O.B. SURVEY ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CC'S63), ZONE V, 2004.00 EPOCK INDICATES ABUTrER'S RIGHTS OF ACCESS. ppW THE DISTANCES SHOWN HEREIN ARE GRID WSTANCES. GROUND DISIANCES INDICATES RECORD DATA PER ol 40' 80' MAY BE OBTAINED BY DNIDING GRID RECORD OF SURV�.,'y NO. 3559 DISTANCES BY THE COMBINATION R.S. 30/138-147� FACTOR OF 0,99996406, -- _-----------.. ------------- — ----------- SCALE:: V'=SO PREPARED BY'.,�PATE� . . ........................... 09-05-17 REV�: I .. Pm: a,, 48460 1500 Iowa Avenue' Suite 2 0, LITE sw� I TOTAL SHEETS Rimakto, Co3fornla 92507 —Di . .... --------- ------ (961) W 8421 www.poomaao�om. 06 KERN 58 05123118 CCAGENDA PACKETPG 290 EXHIBIT "Al" & 11A2" LEGAL DESCRIPTION AND DEPICTION OF SEWER EASEMENT EXIIIHIT'Ar LEGALDESCRIPTION Caltrans Pared No. 87677-3 Acquisition: Utility Easement A11N 149-222-39 That portion of Paivel'B'as descrihed in Grant Deed Recorded April 25, 2005 as Document No. 0205102543, Official Records, of Kern County, located iji the northwest clumter of the northeast quarter ofsection 2, Township 30 Smith, Range 27 East, Mount Diablo Base and Meridian, in the City ofBakonsfIeld, County of, Kern, Statc of California, more particularly dewribed u,,.3 follows Commencing at the intersection of tha northerly line of sa[d Section 2 with the centerfine of South Real Road as shown on Record of Survey No. 3559, Rool(30, pages 139 through 147, inclusive, Records (!,)I* said County; Thence along said centerline South 00135'12" West :341.09 fbet; Thence North 89'2,448" West 45,00 feet to the westerly fine of said South Real Road; Thence along said westerly line North 00'35'12" East 9.22 feet to the Point of Beginning, - Thence North 89124'37" West 12(1,55 feet to the westerly line of said Parcel'B'; Thence along said westerly line North 00'35'24" East 10.00 feet; Thence Soutli 8924'17" East 120,55 feet" Thence South 00"35'12" West 10.00 feet to the Point of Beginning, The above described parcel contains 1,205 squarc, feet more Or less. Ilic Basis of Bearings for this survey are based upon the North American Daturn, of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone V, 2004,00 Epoch. K:\40PCOIOIOI\SUIRVEY�LEGALS\87677\87677-3 ExfAbit Al UTKITY ESMT.do�cx Page 1, of 2 1"his legal descriplion is not, inlundtd RALEW in the division and or conwyance of' land in viulation of' the subdivision as act of the State of California. Soe plat Wachud hereto as Exhibit 'AT and by this rel'ervi ice made a. part hereof", Prepamd mider the direction OL '00 Tim R (I me P1 S'No, c.1'14 1/ 40 �vl 7 Dale: R:\40PCOIOIOI1SUiVEY\LEGALS\87677\87677"3 bhbt Al, UTILITY ESMI'.IjQcx Page 7 of 2 rmcr"A. # TITLE B7 r7 3 ILHY EZI5MEN" STOCKDALE NONIHI'lit -Y LINE OF SECTION 2! litclo�v 0 [ ....... .... /V ;,o 0� 4559 V6), APN149-222-26 WESTERLY LINE PARCEL I B PROPOSED R/W LINE 0 (.--XY- CALTRANS PARCEL NUMBER LIMITS OF DESCRIPTION EXISTING RIGHT OF WAY ARANOONIFT) RICHT OF WAY RECORD PROPERTY LINES EASEMENT AS NOTLD (PRC) INDICATES REVERSE CURVE (R) 114DICATES RADIAL BEAMNG P.03POINT OF BEGINNING KOX. POINT Of COMMENCEMENT " N ' OTIES-111111 ... ............ .. THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON IHE NORTH AMERICAN DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CC 3), ZONE V, 2004.00 EPOCH, THE DISTANCES SHOWN HEREIN ARE GRID DISTANCE'S, GROUND DISIANCLS MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. PREPARED BY: 1500 IowS a Memo, SuAo 210 S Rivemlde, cuftrnIa 92507 (951) M-6421 wwwpvomomoom win INT. NCRIFIERLY LINE OF SECTION 2 WITH THE CENTERLINE OF SOUTH REAL ROAD 1� PARGEI 'A' DOC No. 0205102,543 REC, APR, 25, 2005 O.R. AFIN149-222---,' NORTHERLY LINE PARCEL V PARCEL'B' DOC. No. 02=02543 REC, APR. 25, 2005 O.R. APN: 119-222 39 L5 SOUTHERLY LINE PAR(n 181 A R -N: 149--222--04 PROPOSED fi/w I'm, (o Ol 40' 80' SCALE. 1"'-80 05123118 CC AGENDA PACKET PG 293 LINE TABLE UNE # DIRECTION LENGTH 11 N89`?r4'48"W 45.00' INDICATES ABUTTER'S RIGHTS 1,2 9. 2 OF ACCESS. -W)0*35`12`1, L3 N80'24'37"W 120.55' INDECKFES RECORD DATA PER- - - - ----- - RECORD OF SURVEY NO. 3559 1-41 NOO'35'24*E '10, 00" R.S. 30/13B-147" 1-5 S89"24'37"E I20, 55' L6O' 1-2-W 10, D DATE; 09-05-17 1 pm: Ek 48460 DISTRICT C�LINTY RIDUTE PREPARED BY SHEET NC" .�§tXL SHEETS 06 KERN 55 wmi 05123118 CC AGENDA PACKET PG 293 EXHIBIT "Al" & 11A2" LEGAL DESCRIPTION AND DEPICTION OF ACCESS CONSTRUCTION EASEMENT P!, IB11"'A V 1,1,eGAL DUSOUPTION Callrmws rm-cO Nv, $7677-4 Acquisition.- Access Fasement APN 149-222-39 Thum portion of Marcel 'B'as described in Grant Deed Recorded April 25" 2(1f45 as Document No� 020510254.1, Official Records of Kern County, located in the not1hwest quarter of the northenst quarter of'Stufion 2, " rowriship 30 South, kangv 27 East, Mount Diablo Base and Meridian, in tile (.,ity of3aherstield, County of Kern, State of Califlornia, more palicillorly described as rollolvs� Commencing at (lie intersection ofdre tiortherly line orsaid Section 2 with the witerlinc of South Real Road as shown on Record of'Survey No. 3559, Book 30, pages l 3 through 147, inclusive, Records of said County; Thence along said centerline South 00'35'12" West 341,0 leet, Thence North 89124'48" gest 45.00 feet tea the westerly line of said South Real Road and the Point of Beginning; Thence South 90100'00" West 9.69 fcct; Thence North 89'24'48" West 19.00 feet; Thence North 85"35'13" Wcst 92.06 feet to the westerly lille ofsaid parcel 'B'; Thence along said westerly fine North 00"35'24" East 10,02 feet;, Thence South 85135'33" East 92.39 feet; Thence South 99024'49" Emst 28.36 feet to said westerly line of South Real Road; Thence along said westerly finc South 00'35*12" West 9.911 feet to the Point of Beginning. The above described parcel contains 1207 square feet more or less. The Basis of BearillgS r0rtlliS survey rare based upon the North American Datum c51983 (NAD83) of the California Coordinate Systema of 1983 (CCS83), Zone V, 2004,00 Epmh. R:340P'COIOIO'I\SIJIIVF.,Y\L[.---(iAt.'.A87677\8767?-4 Access Esmt Legal.docx Page I of 2 This legal dewription is not inteaded fi)r use ia the timsioll. anci or conveyance of land in vicilation of the subdivision map act ofthe State: of Calilornia, See plat attached hereto as EXhibil, 'AT and by dais refireuve made a part hereof. lltvpmd under diu direcfion of', Tim R. Garcia, Pl,S No. 9146 R;\,IOPCQIOIDI\St,JRVEY\L.EGAI.5\87Ci771,87677-4 Access F"'nt Legal docx Page 2 of 2 P.O.C. [NIT. NORTHERLY LINE OF SECTION 2 WIJH THE CENTERLIINE OF SOUTH REAL ROAD OP[-- --ll 'Va. 3s, 84G J() J9 laa-'r4;, AP'N: 149-222..2( PROPOSED -1 k R/W LINE WESTERLY LINE PARCf L 'B' =,V4 CAURANS PARCEL NUMBER C::= LIMITS OF DESCRIPTION . . . ....... EXISTING RIGHT OF WAY 1,2 ABANDONED RIGHT OF WAY ¢1,69' RECORD PROPERLY UNIES NR9'24'48"W EASEMEW AS NOTED (PRC) INDICATES REVERSE CURVE (R) INDICATES RADIAL BEARING P.O,B. POINT OF BEGINNING P.O.C. POINTOF COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON THE NORTH AMERICAN! DATUM OF 1983 (NAD83) OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE V, 2004.00 EPOCtL THE DISTANCES SHOWN HEREIN ARE GRID DISTANCES GROIJIND DISTANCES MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0,99996406. PREPARED BY: 1500 S Avenue, M 7101' S 1500 lawn Avenue, SuRe 210 RIversWo, Calfornla 92507 (951) 7GT1-0421 PARCELA DOC, No, 0205102543 REC, APR, 25, 2005 O.f APN� 14F,_..222.._'38 DOCNo0205102543 RED. APR. 25, 2005 O'F APN.- 149'--2 22'-159 87B 1.. 7 7 LIS L4 I T:-7 77 SOUTHERLY LINE PARCEL 'B' APN149-222- 04 1... . . ...... ...... ---- ------- U' 40' 80' SCALE: I0=80 1,4 P.Om. LLLU-L PROPOSED RIW LINE MI5 INDICATES ABU11ER'S RI%ITS OF ACCESS. INDICATES RECORD DATA PER RECORD OF SURVEY NO. 3559 RS, 30/138-147. LINE TABLE LINE # DIRECTION LEN GIIH I®1 N89'24'48"W 45.00' 1,2 S90'00'00'W ¢1,69' 1, 3 NR9'24'48"W 19.00' LA N 85"3 W 92.06' 1-5 100'35'241 10.02' L6 S8535'33"E 92.39' Le S',00'35'1 2"W ;"1.00 DATE: 09-05-17 REV: 2 pk EA: 4B46D DISTRICT COIJN� ±R�?ARED TOTAI.. SHEETS . .......... ................. . =RqyjE--"-- 06 KERN 58 TRO 05123118 CC AGENDA PACKET PG 296 EXHIBIT "Al" & 11A2" LEGAL DESCRIPTION AND DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT EXHIRIT'A-11' LEGAL DESOUPTION Cultrans Parcel No. 87677-5 Acquisition: Temporary Construction Easement APN 149-222-39 That poilion (if Pareel'B'as described in Crant Deed Rveorded April 5, 2005 as Document No. 0205102543, Official Records ol'Kcrn County, located in tire, northwest quarter of the northeast quarter of Section 2, Township 30 South, Range 27 East, Mount DiablD Base and Meridian, in tire 0ty of Bakcrsficld, County of Kern, State (if Calitbruia, more parfictd arly described as follovvs,; Commencing at the intersection of the northerly line of sidd Scufion 2 with the centerlitm of South Real Road as shown on Record of Survey No. 3559, Book 30, pages 138 through 14 7, ilh;[Usivc, Records of said County; Thence along said centerline South 00*35'12" West 341,09 feet; Thence North 89"24'48" WcsA45,00 feet to the westerly line of said South Real Road and the Point of Beginning; Thence South 90"00'00"' West 9.09 Tract; Thence Notih 89024'48" West 1(7,80 fect; Thence North 85'35'33" West 92.06 feet to thewesterly line of said Parcel'13'; Thence along said westerly line North 0015'24" East 33.59 fact; Thence South 89124'36" F,,a%t 120.55 1�cet to scald westerly line of Souttl Real Road, "I'lleflee along said westedy line South 00"35'12" West 41,62 feet to the Point of Beginning, ]be above described parcel contains 4,,747 sqLmrc feet more or less, 1"he Basis of Bearings fire, this survey are based UpOn the North Amurivan Datum of 1983 (NAD83) of the Caliturnia C"oordinate System of 1!483 (CCS83), Zone V, 2004,00 11"17.poch. R:\40PC17IOIOI\SURVEY\LEGALS187677\87677-5 TCE I egal.docx page I at'2 T'his legal descriplion is not intended for use in tile division and or conveyance of land in violation of the subdivision map act of the State of California. See plat attachmi hereto as Exhibit 'AT and by this reference made a part hereof Prepared under the dirvoikin of-, '11111 11Garcia, PI'S"No, 9146 Date M M TIM R. GARCC,!,� 9146 LIr IMM 9:\40PCOIDIOI%SURVEnLEGAI.S\87677\87677•5 TCE Legal.dou Page 2 of 2 LAHILl I 'AZ TITLE AREA APP TCF 47 4' 1 S F 87677_5 149— STOCKDALE RGHWAY I — - ------ NOR, TW RLY L�NE._%, . .......... . % SECT ul P —0. _c. INT. NORTHERLY LINE Of`� SECTION 2 WITH TIHE CENTERUNE OF "t m SOUTH REAL (ROAD F /vo 3, J0 19 ,, 1381 14,? AIIN:: 149 222'26 PROPOSED R/W LINE WESTERLY LINE. PARCEL 11' THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON IIIE NORTH AMERICAN DATUM OF 1983 (NAD83) Or THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE V, 2004,00 EPOCII, THE DISTANCES SHOWN HEREIN ARE GRID DISIANCES. GROUND DISTAWES MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0,99996406. PREPARED BY: PSOMAS 1500��,owa Amenue, Suite 210 Rlm d Californ07 (951) 71,7-8421 lo M CALTRANS PARCEL. NUMBER DIRECTION LIMITS OF DESCRIPTION Ll EXISTING RIGHT OF WAY P'ARCEL'A' ABANDONED RIGHT OF WAY S90*00'O0`W RECORD PROPERTY LINES L3 FASEVENI AS WILD (PRC) INDICATES RIEVERSE CURVE (R) INDICATES RADIAL BEARING P.0.13. POINT OF BEGINNING P.C.C, POINT OF' COMMENCEMENT THE BASIS OF BEARINGS FOR THIS SURVEY ARE BASED UPON IIIE NORTH AMERICAN DATUM OF 1983 (NAD83) Or THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE V, 2004,00 EPOCII, THE DISTANCES SHOWN HEREIN ARE GRID DISIANCES. GROUND DISTAWES MAY BE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0,99996406. PREPARED BY: PSOMAS 1500��,owa Amenue, Suite 210 Rlm d Californ07 (951) 71,7-8421 lo M N, APN. 149-222-34 L6 L 2 SOLPTHFRLY I. FINE PARCEL V APIA: 14S-222-04 . ............ Ul 40' 80' SCAI,f: 1 "=HC P.0A . LLAA111-LI.L-L —PROPOSED R/W LINE H 0 T ES; INDICATES ABUTTER'S RIGHIS OF ACCESS. INDICATES RECORD DATA PER RECORD OF SURVEY NO. 3559 R.S. 30/138-1 47. LINE TAKE Lli4E LINE DIRECTION LENGTH Ll N89'21'48"W P'ARCEL'A' L2 S90*00'O0`W DOC:, No. 02051021543 L3 NF19'244B"W REC, APR, 25, 2005 Q.R. (45) (45 APW 149 - 222-38 LS N00 -35'21"E 35,59' L,9 S89*24'36E 120,!.D5' L'/ SOO'35'1 2 "W DOC, No, 0205102543 0 an REC, APR. 25 2005 O.R, CO N, APN. 149-222-34 L6 L 2 SOLPTHFRLY I. FINE PARCEL V APIA: 14S-222-04 . ............ Ul 40' 80' SCAI,f: 1 "=HC P.0A . LLAA111-LI.L-L —PROPOSED R/W LINE H 0 T ES; INDICATES ABUTTER'S RIGHIS OF ACCESS. INDICATES RECORD DATA PER RECORD OF SURVEY NO. 3559 R.S. 30/138-1 47. LINE TAKE Lli4E LINE DIRECTION LENGTH Ll N89'21'48"W 45.00 L2 S90*00'O0`W 9,69' L3 NF19'244B"W 19AXY 1_4 185*35%'575"W 02, 06' LS N00 -35'21"E 35,59' L,9 S89*24'36E 120,!.D5' L'/ SOO'35'1 2 "W 41X2' DATE: 09-05,-17 REV.: 2 Pm: EA: 48,,bo DIifkiC'!GOLINTY PREPARED BY AT- SHEITTS Q5 K 58 ERN TIRG I 05123118 CC AGENDA PACKET PG 299 EXHIBIT Bl LEGAL DESCRIPTION OF REPLACEMENT PARKING PROPERTY EXHIBIT "Al" LEGAL DESCRIPTION CALTRAINS PARCEL -NO. 87677-6 RE-MANT PARCEL THAT PORTION OF THE REAL PROPERTY LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2. TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN. IN COUNTY OF KERN. STATE OF CALIFORNIA. DESCRIBED D; THE GRANT DEED TO THE CITY OF BAKERSFIELD RECORDED DECEMBER I ST, 2015 AS DOCUMENT NUMBER 000215165649' IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL HEREIN DESCRIBED, SAID POINT OF BEGINNING LYING ON THE EASTERLY LINE OF THE ABO -VE REFERENCED REAL PROPERTY, FROM WHENCE THE INTERSECTION OF THE CENTERLINE OF SOUTH REAL ROAD AND THE NORTHERLY LINE OF SAID SECTION 2. BEARS NORTH 46'43'57" EAST 229.56 FEET (AS THE SAME IS SHOWN ON THE RECORD OF SURVEY NO, 3559. BOOK 30, PAGES 138-147): THENCE. FROM SAID POINT OF BEGINNING. ALONG SAID EASTERLY LINE. SOUTH 00`35'24-NATEST 176.01 FEET. THENCE, DEPARTING SAID EASTERLY LINE N85 `3533- WEST 2.94 FEET; THENCE. SOUTH 90"00'00" WEST 60.00 FEET: THENCE, NORTH 00c00'00" WEST 80.00 FEET TO THE BEGINNING OF A NONT- TANGENT CURVE: THENCE. NORTHWESTERLY FROM A TANGENT WHICH BEARS NORTH 84'`'29'03", WEST, ALONG A CURVE TO THE RIGHT. Ilk"JING A RADIUS OF 2.259.67 FEET, THROUGH A CENTRAL ANGLE OF 2"35"43". AN ARC LENGTH OF 102.35 FEET. TO THE WESTERLY LINE OF THE ABOVE REFERENCED REAL PROPERTY. THENCE, NON -TANGENT TO THE PREVIOUS CURVE. ALONG SAID WESTERLY LINE, NORTH 00'-'36'07" EAST 78.76 FEET: THENCE. DEPARTING SAID WESTERLY LINE, SOUTH 89'04'56- EAST 115.51 FEET: THENCE. NORTH 00`35'00" EAST 7.53 FEET: THENCE, SOUTH 89"04'56" EAST 49.97 FEET TO THE POINT OF BEGINNING. CONTAINING 0.452 ACRES OR 19.690 SQUARE FEET. MORE OR LESS There shall be no abutter `5'71ghts, incl udhi g rig ,hrs of access, appurtmant to the above described realpropert,l- in and to the BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5 (2004.00). THE DISTANCES SHOWN HEREE\T ARE GRID DISTANCES. GROUND DISTANCES 1\4AY BE OBTAINED BY Dn7IDIllllTG GROUND DISTANCES BY THE COMBINATION FACTOR OF 0 9999640& SEE PLAT ATTACHED HERETO AS EXHIBIT "A2" AND BY THIS REFERENCE MADE PART HEREOF. PREPARED UNDER MY SUPERVISION: -J 4 Lr,fT0OD'.'k. CAF,?rETON. JR.. P.L.S. DATE P.L.S. 6594. ENP. 12-31-17 EXHIBIT B2 DEPICTION OF REPLACEMENT PARKING PROPERTY FEE EXHIBIT A2 PARCEL # TITLE AREA APN ,97677-6 FEE Ll 9,690 SF 149-222-26 STOCKDALE HWY. NORTHERLY LINE SEC, 2, T30S, R27E (per IRS 3559)7' C14 zol PRITPAL KAUR C ! /R < 0 64 CITY OF REVOCABLE TRUST 11 (A N TRUST cv BAKERSFIELD C5 APN: APN: 149-222-26 29 149-222-29 U") z Z) Doc. No. U Ln r') I Z 000215165649 V) 0 ` m: z L ........ . . . ...... 0 M NIJJAR, BALVIR 77-7-7 �7-7 S P.O.B. —j 5 NI -J -JAR, JASVINDER PARCEL A APIN1149-222 -01"w149-222 LEAL, JAIME G 22 APN: 149- 2-26' APN. 149-222-38 Proposed R/W no abutter's right PARCEL B LEAL, JAIME G APN: 149-222-39 goo LEGEND r=, OWS OF DESCOPPON MTRANS PARM NUMPER LXtSUNG RCH7 Of WAY ✓ CITY OF MOPOSED MGHT Of' WAY 3AKERSFIELD RECORD PROPEW UNES APN: 149-222-26 — — — — LASEMEN1 AS WILD NOTES THE RASE OF BEARMS FOR MIS GRAPHIC SCALE FXH0T ;S CCS83, ZONE 5 (2004,00) 40 80 IN DISTANCES SHOWN HEREON ARE GRO D67ANCES. GROUND DSTANCES MAYBE ORTAWED BY WOM GRO DVANCES BY 'rHE COMONATION 1 inch = 80 ft. FACTOR OF 0.9999640& PREPARED BY: DATE: 11-08-17 REV.: P V: EA: 48460 DISTRICT COUNTY ROUTE �PREPARED BY SHEET NO. TOTAL SHEETS &kfle4d, CA 4,30E 0 Ph: 661-181-2440 6 TKERN 58 LAC 2 2 EXHIBIT Bl LEGAL DESCRIPTION OF ADDITIONAL PROPERTY FEE EXITIBIT "Al" LEGAL DESCRIPTION ISE NINA" PARCEL THAT CERTAIN REAL PROPERTY BEING A PORTION OF AND LYING ENTIRELY WITHINT11A.TPARCEL CONVEYED BY THE GRANT DEED RECORDED JANUARY5, "SCD 10 AS DOCUMENT No. 0,21o,000,867 IN THE OFFICE OF THE COUNTY RE( 'ORDE R, KERN ( I OUNTY, STATE OF CALIFORNIA AND DESCRIBED TIJEREINAS: "THE EAST FIA'' LF CDC THE WES] - HALF'OFTHE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER O'F SECTION 2, TOWNSHIP 30SOUTH., RANOE 27 E,IVST, NIOUNT DIABLO MERIDL.k.N. IN THE UNINCORPORATED AREA (,')F THE COUN"n' OF KERN, STATE' OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT OFTITE, SURVEY Of," THE AID L,.,, -\ ND, RETURNED'F(.--) THE GENERAL LAND OFFICE OFTHE SURVEYCM. GENERAL,, EXCEPTTHE NORTH 100 FEET TI-41"At-70F, ALSO EXCEP"I'TIIS SOUTH 3,0 .02 FEETTHEREOF," THE REAL PROPERTY HEREIN DESCRIBED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (101%1NIENCING. Jvr THE NORTHWEST CORNER OF TIJE ABOVE REFERENCED PAR('I EL (D0CUMl--`.N-r NO. 02 1600007) C 8,, TIIENE,I�LONG THE NORTH LINE.," OF SD AI PARCTI. SOUTH 99`04'56" EA ST' FEETTO THE POINT OF BEGINNING; TI-JENC-1L, C(l )N,rINUI-NG AL(.")NG SAID NORTH LINE,, SOUTH 89`04'56" EAST 135.55 FEET TO Tl-I.E NORTHEASTCORNER OF THE ABOVE REFERENCED R, -),RCE LA THENCE, ALONG TIJF E - AST LINE OF SAID PARCEL, S(KIT'll 00`34'49" 'WEST 86.29 FEET TO THE; BEGINNING OF A NON -TANGENT CURNE; THENCE, DEPARTING SAID EAS' LINE, NORTHWESTI. ",RLY FROM A TANGENT WHICH BEARS NORTH 81'5323" WEs,r. ALONG A CURVETCDD THE RIGHT, ILkVING A RADIUS O: F 2,2 59,.67 FEET, THROUGH A ( IFNTRAL ANGLE OF 2`14"48", 'AN ARC LENGTH OF 88,,61 FEET, TCD T`IlE BEGINNING OF A NON -TANG ENTCURVE, THENCE, N( )RT111WESTERLY FROM A TANGENT W141.0i BEARS NORTH 7738"37" WEST, ALO NO A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,897.48 FEET, TI-JR()U("jI-I A CENT.AL ANGLE 0F1'29'00`%AN ARCLENGTH 01, 49A 12 FEET,, THENCE, 1* ON-TANGENT"1`0 THE PREVIOUS CURVE, NORTH 00`34"49" EAST`0 I I FEET" TCD ,ri-tFl POIN,r OF BEGINNING,, CONTAINING 0.237 ACRES OR 10,30QLJARFEET, MORE OR. LESS. Thert, shall be no abuilcv-s ri��hm i tit., idliding rigftv cy'eicctws, alol purfoictnt to the, rcalj.Arojy,cr,1J, in and ic� tht., ac�jacenl 5tive fivckvalv, BEARINGS AND DISTANC I ES ARE BASED C)N ITIE CALIFORNIA COORDINATE SYSTENI (W 1983, ZONE 5 (2004,00)THE DISTANCES SHOWN FIEREIN ARE GRID DISTANCES, CiROUND DISTANCES MAY Bl' OBTAINED BY DIV IDINO GROUND DISTANCES BYTI-IE COMBINATION 17ACTOR OF 0.99990400, SE,E PLAT ATTACHED HERETO AS E; Illi "A2" AND LAY TTS REFERENCE MADE PART HEREOF". NE) 6594, 04-2,14-181 Exp 12-51-1 INW, bD A.^ R, L S. 6594, EXP,1 22-31 - 19 EXHIBIT B2 DEPICTION OF ADDITIONAL PROPERTY FEE EXHIBIT A2 PARCEL # TFLE AREA APP 149-222-01 FEE 10,303 SF 149-222-01 _E�T-0b(D—ALE- - Ham. NORTHERLY LINE SEC, 2, T30S, R27E rN 27 c') I P N T" co � � Gf 1 �I � �" 4 G"Y r d ik t Ld < up "IL E 01, F0 C'D J "a" z < 0 P.O.C. P.O.B. < "3 '5 'Ale. - '56"E 55' t A P N' 14 9 - 2 22-- (11 C D Mcc, 114c, 021f,"""00086,7 n ry 3 0 001 0 4 56"E CITY' OF BAKERSPE�..D 259.E,,,v APN� 149-222-26 Doc, No, Of)02151�'55649 LEGEND Jb'j N8? J3, w LMTS OF DEWRFWN 9) (:�w ck mw Pmm mwR APNlk DOC, NlDr WWG RVHT OF MAY PROMSED RKK Of' MY RECORO PRWUR WKS . ...... . EAMMEW AS NOTA NOTES THE &&S OF BERAGS FOR IMS GRAPHIC SCALE EXHOt IS CCSB. , ON 5 (2004,00) D 10.) MSTAqffS SHOWN HEREIN ARE GRID fNStAWfS GROOND DMANCOS U4,YBE OBTA,WED BY DMDNG ORO (WANCES BY Air COMWNAMN 1 50 m. rAC70R OF 0,99996406, PREPARED BY, DATE: 04-24-18 RM: PM: EA: 48460 DISTRICT COUNTY ROUTE PREPARED BYISHEET NO, TOTAL SHEETS, 420P TmAur ke, (A 9-1.09 IN Ph., 60 $81 x440 6 KERN 58 LAC 1 1 2 EXHIBIT A2 PARCEL TITLE AREA A 149-222-01 FEE 10,3,03 SF 149-222-01 T -- PRITPAL KAUR REVOCABLE TRUST APW 149-222-29 L Prooetd I t R/w No PAbsu' er s Rights C�ty of ker'sf letd AIPNBa� 149-222-01 vic, NA!, k2l�,,*001*91;7 w LEGEND r--'7 IMISOFMCWTO ry Re fXSW W64ff OF WAY PhVPND ROT OF MY AfCORD pwPERTy I ' #01 CITY OF ....... .... . EASEMENT AS NOTED BAKERSFIELD MnTC'C APIA: 149-222-26 PARCEL A LEAL, JAIME G APN: 149-222-38 Z 40wo I PARCEL B LEAL, JAIME G, APN: 149-222-39. -Fi -m 771E BGS OF BEARXNGS FOR TMS GRAPHIC SCALE rXHjW JS COW ZONE 6 (2004,00) DISTANCES SHOWN HERDN ARE ORO MSTMCES. "NO MUNCES MAYBE OBTAINED BY UVONG GRO 0SANCES BY ME COXONATON I rr w = BO fi- FACTOR OF 0�9999640& PREPARED BY, DATE: 04-24-18 REV-: PM: Ek 48460 W'U Cgft'&� ftn 4200 Tmwhunk'e' FM' W I DISTMT COUNTY ROUTE �PREPARED BYSHEET NO.TOTAL SHEETS so CA, 9.3569 11 — A, 66�-38f-?,440 1I 6 1 KERN I I LAC 1 2 1I 2 05123118 CC A GENDA PA C PG 306 A" C4 C"4 z < N C14 N V) N cl Ty OF >-, N (5 BAKERSFIELD Z, Z - API: 149-222-26 z 0 P.O.e u a- < P 03 "lAPNl 149- w PRITPAL KAUR REVOCABLE TRUST APW 149-222-29 L Prooetd I t R/w No PAbsu' er s Rights C�ty of ker'sf letd AIPNBa� 149-222-01 vic, NA!, k2l�,,*001*91;7 w LEGEND r--'7 IMISOFMCWTO ry Re fXSW W64ff OF WAY PhVPND ROT OF MY AfCORD pwPERTy I ' #01 CITY OF ....... .... . EASEMENT AS NOTED BAKERSFIELD MnTC'C APIA: 149-222-26 PARCEL A LEAL, JAIME G APN: 149-222-38 Z 40wo I PARCEL B LEAL, JAIME G, APN: 149-222-39. -Fi -m 771E BGS OF BEARXNGS FOR TMS GRAPHIC SCALE rXHjW JS COW ZONE 6 (2004,00) DISTANCES SHOWN HERDN ARE ORO MSTMCES. "NO MUNCES MAYBE OBTAINED BY UVONG GRO 0SANCES BY ME COXONATON I rr w = BO fi- FACTOR OF 0�9999640& PREPARED BY, DATE: 04-24-18 REV-: PM: Ek 48460 W'U Cgft'&� ftn 4200 Tmwhunk'e' FM' W I DISTMT COUNTY ROUTE �PREPARED BYSHEET NO.TOTAL SHEETS so CA, 9.3569 11 — A, 66�-38f-?,440 1I 6 1 KERN I I LAC 1 2 1I 2 05123118 CC A GENDA PA C PG 306 Z O j O '' w J o Com. CL Q "1 Q t i C 0 O O m U } 1,'Al� �QQ Q3 W � g Q � C O VpWpI ¢XW�g pH pyp r> o� a 05 � Upp2 Q'Q ,� Fux a=¢� w C'l o u� O = K 2 V O Q Z�Z cg3 C/) W W W CL _ CD 8 O CD z Y tztz a a Q x h o a& Lu C 0 O O m U Q3 W � g Q � C O VpWpI ¢XW�g pH pyp Upp2 Q'Q � C'l W O = K 2 V O Z�Z cg3 W W W a a x h o a& O O O O O O O O O O O O O 05/23/1 CC A GENDA PA CKET PG 37 [' = TOIl���9-IMM01 .. • , • , ,'... i WHEREAS, the City owns a fee simple interest in two properties located west of 31/33 Real Road, Bakersfield, California; and, WHEREAS, Jamie G. Leal has requested the City sell the properties described in Exhibits "Al" and "B1" and depicted on "A2" and "B2" attached hereto. WHEREAS, the Bakersfield Planning Department found the sale of these properties to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code Section 65402. WHEREAS, Bakersfield Municipal Code 3.20.125 authorizes the negotiated sale of City property deemed to be "surplus". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing findings and recitals are true, correct, and incorporated herein. 2. Real Property located west of 31/33 Real Road, Bakersfield, California is hereby declared surplus to the City's needs and the Finance Director is authorized to negotiate its sale. 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: NOES: ABSTAIN: ABSENT: APPROVED: LIZ COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY LIZ ANDREW HEGLUND Deputy City Attorney 11 CHRISTOPHER GERRY, ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "Al" LEGAL DESCRIPTION CALTRANS PARCEL NO. 87677-6 REMANT PARCEL THAT PORTION OF THE REAL PROPERTY LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED IN THE GRANT DEED TO THE CITY OF BAKERSFIELD RECORDED DECEMBER 1ST, 2015 AS DOCUMENT NUMBER 000215165649 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL HEREIN DESCRIBED, SAID POINT OF BEGINNING LYING ON THE EASTERLY LINE OF THE ABOVE REFERENCED REAL PROPERTY, FROM WHENCE THE INTERSECTION OF THE CENTERLINE OF SOUTH REAL ROAD AND THE NORTHERLY LINE OF SAID SECTION 2, BEARS NORTH 46°43'57" EAST 229.56 FEET (AS THE SAME IS SHOWN ON THE RECORD OF SURVEY NO. 3559, BOOK 30, PAGES 138-147); THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID EASTERLY LINE, SOUTH 00°35'24"WEST 176.01 FEET; THENCE, DEPARTING SAID EASTERLY LINE N85°35'33" WEST 2.94 FEET; THENCE, SOUTH 90°00'00" WEST 60.00 FEET; THENCE, NORTH 00°00'00" WEST 80.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE; THENCE, NORTHWESTERLY FROM A TANGENT WHICH BEARS NORTH 84°29'03" WEST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,259.67 FEET, THROUGH A CENTRAL ANGLE OF 2035'43", AN ARC LENGTH OF 102.35 FEET, TO THE WESTERLY LINE OF THE ABOVE REFERENCED REAL PROPERTY; THENCE, NON -TANGENT TO THE PREVIOUS CURVE, ALONG SAID WESTERLY LINE, NORTH 00°36'07" EAST 78.76 FEET; THENCE, DEPARTING SAID WESTERLY LINE, SOUTH 89°04'56" EAST 115.51 FEET; THENCE, NORTH 00°35'00" EAST 7.53 FEET; THENCE, SOUTH 89°04'56" EAST 49.97 FEET TO THE POINT OF BEGINNING. CONTAINING 0.452 ACRES OR 19,690 SQUARE FEET, MORE OR LESS. There shall be no abutter's rights, including rights of access, appurtenant to the above described real property in and to the adjacent State freeway. " BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5 (2004.00). THE DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING GROUND DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. SEE PLAT ATTACHED HERETO AS EXHIBIT "A2" AND BY THIS REFERENCE MADE PART HEREOF. PREPARED UNDER MY SUPERVISION:�'�no�� to �11-08-17° 1>�t LI o0 1A. CA ,ETON, JR., P.L.S. DATE �— — P.L.S. 6594, EXP. 12-31-17 PARCEL # TITLE AREA APN 87677-6 FEE X19,690 SF 149-222-26 NIJJAR, BALVIR S IJJAR, JASVINDER APNI 149-222-01 no UMITS OF DESCRIPTION XXXXX CAITR%S PMM NUMBER EXISHNG RVIT OF WAY PROPOSED RIGHT OF WAY RECORD PROPERTY ONES — — — — EASEMENT AS NOTED THE BASIS OF BEARINGS FOR THIS EXHIBIT IS CCS63, ZONE 5 (2004.00) DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAYBE OBTAINED BY DMDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. PREPARED BY: Overland. Pacific, and Cutler. Inc. 4200 Truxtun Ave, Suite 100 Bakersfield, CA 93309 Ph: 661-381-2440 \-P.O.B. I PARCEL A LEAL, JAIME G APN: 149-222-38 I R/W Zf1 v"'), I s right PARCEL B LEAL, JAIME G I v-'/e/Z/'APN: 149-222-39. hoc. N©, � CITY OF BAKERSFIELD APN: 149-222-26 pal GRAPHIC SCALE 80 0 40 80 160 1 inch = 80 ft. DATE: 11-08-17 REV.: PM: EA: 48460 DISTRICT COUNTY ROUTE PREPARED BY SHEET NO. TOTAL SHEETS 6 KERN 58 LAC 2 2 05123118 CC A GENDA PA CKET PG 312 STOCKDALE HWY. NORTHERLY LINE SEC. 2, T30S, R27E (per RS 3559) N o `1 PRITPAL KAUR Vo N CITY N OF BAKERSFIELD REVOCABLE TRUST I ( o APN: 149-222-26 APN: 149-222-29 Z&4 = Doc. No. .1 � O0Q 000215165649 I ti NIJJAR, BALVIR S IJJAR, JASVINDER APNI 149-222-01 no UMITS OF DESCRIPTION XXXXX CAITR%S PMM NUMBER EXISHNG RVIT OF WAY PROPOSED RIGHT OF WAY RECORD PROPERTY ONES — — — — EASEMENT AS NOTED THE BASIS OF BEARINGS FOR THIS EXHIBIT IS CCS63, ZONE 5 (2004.00) DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAYBE OBTAINED BY DMDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. PREPARED BY: Overland. Pacific, and Cutler. Inc. 4200 Truxtun Ave, Suite 100 Bakersfield, CA 93309 Ph: 661-381-2440 \-P.O.B. I PARCEL A LEAL, JAIME G APN: 149-222-38 I R/W Zf1 v"'), I s right PARCEL B LEAL, JAIME G I v-'/e/Z/'APN: 149-222-39. hoc. N©, � CITY OF BAKERSFIELD APN: 149-222-26 pal GRAPHIC SCALE 80 0 40 80 160 1 inch = 80 ft. DATE: 11-08-17 REV.: PM: EA: 48460 DISTRICT COUNTY ROUTE PREPARED BY SHEET NO. TOTAL SHEETS 6 KERN 58 LAC 2 2 05123118 CC A GENDA PA CKET PG 312 LEGAL DESCRIPTION REMNANT PARCEL THAT CERTAIN REAL PROPERTY BEING A PORTION OF AND LYING ENTIRELY WITHIN THAT PARCEL CONVEYED BY THE GRANT DEED RECORDED JANUARY 5, 2016 AS DOCUMENT NO. 0216000867 IN THE OFFICE OF THE COUNTY RECORDER, KERN COUNTY, STATE OF CALIFORNIA AND DESCRIBED THEREIN AS: "THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF THE SAID LAND, RETURNED TO THE GENERAL LAND OFFICE OF THE SURVEYOR GENERAL. EXCEPT THE NORTH 160 FEET THEREOF. ALSO EXCEPT THE SOUTH 309.62 FEET THEREOF." THE REAL PROPERTY HEREIN DESCRIBED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE REFERENCED PARCEL (DOCUMENT NO. 0216000867), THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89004'56" EAST 30.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE, SOUTH 89°04'56" EAST 135.55 FEET TO THE NORTHEAST CORNER OF THE ABOVE REFERENCED PARCEL; THENCE, ALONG THE EAST LINE OF SAID PARCEL, SOUTH 00°34'49" WEST 86.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE; THENCE, DEPARTING SAID EAST LINE, NORTHWESTERLY FROM A TANGENT WHICH BEARS NORTH 81053'23" WEST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,259.67 FEET, THROUGH A CENTRAL ANGLE OF 2-14'48", AN ARC LENGTH OF 88.61 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE; THENCE, NORTHWESTERLY FROM A TANGENT WHICH BEARS NORTH 77°38'37" WEST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,897.48 FEET, THROUGH A CENTRAL ANGLE OF 1029'00", AN ARC LENGTH OF 49.12 FEET; THENCE, NON -TANGENT TO THE PREVIOUS CURVE, NORTH 00°34'49" EAST 63.11 FEET TO THE POINT OF BEGINNING. CONTAINING 0.237 ACRES OR 10,303 SQUARE FEET, MORE OR LESS. There shall be no abutter's rights, including rights of access, appurtenant to the above described real properly in and to the adjacent State freeway. " BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5 (2004.00). THE DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY DIVIDING GROUND DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. SEE PLAT ATTACHED HERETO AS EXHIBIT "SZ" AND BY THIS REFERENCE MADE PART HEREOF. PREPARED UNDER MY SUPERVISION: AND 6594 E 12-31-19 04-24-18 XP T'INW(R)D A ...AIRKETON, JR., P.L.S. DATE P.L.S. 6594, EXP. 12-31-19 EXHIBIT "112" PARCEL # TITLE AREA APN 149-222-01 FEE 10,303 SF 149-222-01 STOCKDALE HWY. — --- -� -----_ ------ 1 I ( N YN I 1 =�N C-4 atGN = CITY OF >. I c� -' o) = � N ("5 1 BAKERSFIELD S<' z _= _ C d APN: 149-222-26 I Z I .. ca�a =z O `P.O.C. " Q I N P.O.B. Q J_ ,APNi 149-222-01 PRITPAL KAUR REVOCABLE TRUST APN: 149-222-29 I APN: 149-222-26 PARCEL A I LEAL, JAIME G APN: 149-222-38 V Proposed R,/W �� I No Abutters Rights City of PARCEL B Bakersfield LEAL, JAIME G APN1 149-222-01 APN: 149 -222 - Doc. No, 0216000867 age° pen. LIMITS OF DESCRIPTION XXXXX CALTR9NS PARCEL NUMBER EXISTING RIGHT OF WAY AILLULUILLUAWALLL PROPOSED RIGHT OF WAY RECORD PROPERTY LINES — — — — EASEMENT AS NOTED THE BASIS OF BEARINGS FOR THIS EXHIBIT IS CCS83, ZONE 5 (2004.00) DISTANCES SHOWN HEREIN ARE GRID DISTANCES. GROUND DISTANCES MAYBE OBTAINED BY DIVIDING GRID DISTANCES BY THE COMBINATION FACTOR OF 0.99996406. PREPARED BY: Overland. Pacific, and Cutler. Inc. 4200 Truxtun Ave, Suite 100 Bakersfield, CA 93309 Ph: 661-3B1-2440 (r --I) I rA T r, 6i � -#Wo( CITY OF BAKERSFIELD APN: 149-222-26 Pat GRAPHIC SCALE 80 4 ,60 milli 1 inch= 80 ft. DATE: 04-24-18 REV.: PM: EA: 48460 DISTRICT COUNTY ROUTE PREPARED BY SHEET NO. TOTAL SHEETS 6 KERN 58 LAC 1 2 2 05123118 CC A GENDA PA CKET PG 315 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -Bids y TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 3/15/2018 iTiff-11 1.1 SUBJECT: Accept and approve contract with Days Generator Service, Inc. ($348,048), for the purchase and installation of backup generators at Beach Park and Police Pistol Range. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: The City recently received grant funding through the Hazard Mitigation Grant Program (HMGP), which is administered through the California Office of Emergency Services (Cal OES). The grant funding pays for upgrades to critical facilities, such as lift stations, that can have an adverse effect on the public during an emergency event if proper backup systems are not installed. This funding allows the City to purchase two generators that provide emergency backup power at two storm lift stations in the event that power is lost during a storm event. This project consists of procuring and installing two diesel powered generators at two locations - Beach Park storm and the Police Pistol Range storm lift stations. Other work includes construction of a concrete pad for the generators, electrical connections, appurtenances, metal awning, permitting and other items as necessary to have full turnkey operations. The engineer's estimate for this project was $365,000. On April 24, 2017, the City received two bids for this project. Both of the bids were deemed acceptable. Those acceptable bids include: Days Generator Services, Inc. 4950 Discovery Point in the amount of $348,048.00 Discovery Bay, CA 94505 Cora Constructors, Inc. 5140 St. Charles Place, Suite A in the amount of $409,000.00 Palm Desert, CA 92211 Sufficient funds are budgeted for award of this project. The project is 75 percent federally funded with the 25 percent local match requirement funded within the Equipment Management Fund by way of the Sewer Enterprise Fund; therefore, there is no impact to the General Fund. ATTACHMENTS: Description Type D Coir stial(.601r] PiroJects /kgireeirneint /kgireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and DAY'S GENERATOR SERVICE INC., (a California Corporation,) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to: Provide backup generators at two locations: Beach Park and Pistol Range, Bakersfield, California ("Project"), as set forth herein, [which is not paid for with federal funds]. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. The following documents are incorporated herein as if fully set forth: Notice to Contractors Special Provisions Bid Proposal Bidder's Bond Performance Bond Material and Labor Bond Letters of transmittal, if any CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 1 of 13 All provisions required by law to be inserted in this Agreement whether actually inserted or not Current State of California DAS 140 Form (if required by Specifications) Drawings, if any Public Contract Code § 22300 (Escrow Accounts) Current State of California DIR - PWC 100 Form Required Federal -Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded) Subcontracting Request Form (Exhibit 16-13, LAPM) (if Project Federally Funded) Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded) Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed Three Hundred Forty Eight Thousand, Forty Eight Dollars & Zero Cents ($348,048.00) ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 2 of 13 taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law. 3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 3 of 13 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 5.1.3. CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject those subcontracts at its sole discretion. 5.3. Should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other Compensation shall be due CONTRACTOR for termination for convenience. 6. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 4 of 13 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. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 5 of 13 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. 13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 14. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 6 of 13 favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 7 of 13 agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 8 of 13 section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the Project and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney's CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 9 of 13 fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 26. EXHIBITS. In the event of a conflict between the terms, conditions or CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 10 of 13 specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 27. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 11 of 13 CONTRACTOR: DAY'S GENERATOR SERVICE, INC. 4950 Discovery Point Discovery Bay, California 94505 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 35. CONTRACTOR'S LICENSE INFORMATION. License Number 942098 Expiration Date 01/31/2020 License Classification C10 - Electrical 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 27-0604587 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 ANDREW HEGLUND Deputy City Attorney Insurance: "CONTRACTOR" DAY'S GENERATOR SERVICE INC. in PRINT NAME: Title: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\20F51365-4F85-467B-A9D0- 3AC5B9379555\PD FConvert.11133.1. Days_Generator_Service_Agreeme nt.docx 5/1/2018 Page 13 of 13 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\2OF51365-4F85-467B-A9DO- 3AC5B9379555\PDFConvert.11133.1.Days_Generator Service Agreement.doex 5/1/2018 Page 14 of 14 ADMINISTRATIVE REPORT MEETING DATE: 5/23/2018 Consent -SuccessorAgency Business z. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 3/30/2018 111-11 V 03 SUBJECT: Receive and file SuccessorAgency payments from April 27, 2018, to May 10, 2018, in the amount of $100,000.00. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency has a Recognized Obligation Payment Schedule (ROPS) approved by both the Bakersfield Oversight Board and the DOF. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the SuccessorAgency. A check register is provided that summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #674355 to Chicago Title Company Inc. for $50,000.00 is a payment for down payment assistance of 1300 R Street, Unit 21, per Agreement# CV18-004. Payment approved as ROPS 15-16B, line item #41. Check #674356 to Chicago Title Company Inc. for $50,000.00 is a payment for down payment assistance of 1300 R Street, Unit 16, per Agreement# CV18-003. Payment approved as ROPS 15-16B, line item #37. F-11 i all M I ��i 14 Ll k &-] Description Type D Check Regilsteir/kdirNin SA Pyrnints 05 23 20,18 BackU�p IMateirla.� CITY OF BAKERSFIELD - Successor Aaencv Payments Check Number Vendor Number Vendor Name Payment Date Transaction Amount Retainage Amount Check Amount 674355 1944 CHICAGO TITLE COMPANY INC May 3, 2018 $50,000.00 $0.00 $50,000.00 674356 1944 CHICAGO TITLE COMPANY INC May 3, 2018 $50,000.00 $0.00 $50,000.00 2 Total No. of Checks Overall -Total $100,000.00