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09/05/18 CC AGENDA PACKET
sA BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 5, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding The Estate of Jason Alderman, et al. v. City of Bakersfield, et al. USDC Case No. 1:16-CV-00994-DAD-JLT b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). 5. CLOSED SESSION ACTION 6. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 8/27/2018 111-11 N 03 SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding The Estate of Jason Alderman, et al. v. City of Bakersfield, et al. USDC Case No. 1:16-CV-00994-DAD-JLT BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Closed Session 4. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 8/24/2018 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). STAFF RECOMMENDATION: BACKGROUND: BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 5, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS a. Proclamation to Colleen McGauley, Executive Director of Court Appointed Special Advocates for Children (CASA) of Kern County, recognizing the 25th Anniversary of CASA in Bakersfield on September 22, 2018. b. Certificates of Recognition to Alysen Gelinas, Community Relations Specialist, and Carina Ortiz, Community Relations Supervisor, of the Bakersfield Police Department, recognizing the outstanding work of volunteers from the Bakersfield Police Department Explorers and Civilian Volunteer Programs during the Dennen Cleanup Project. C. Proclamation to KC the Bull and Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 19 - 30, 2018, Kern County Fair Days. 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS a. City Recycling Program update. Receive and file report. b. Advocacy rules regarding the local tax measure. Receive and file report. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the August 15, 2018, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from August 3, 2018, to August 23, 2018, in the amount of $23,325,040.17, Self Insurance payments from August 3, 2018, to August 23, 2018, in the amount of $488,905.66, totaling $23,813,945.83. Ordinances: C. Adoption of ordinance amending Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating to landscaping. (FR 08115118) Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Ward(s) 1, 6 e. Resolution determining that Sulfa Treat, an absorbent media for removing hydrogen sulfide (1-12S) from digester gas, 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 $200,000. f. Resolution in support of Proposition 3 (Water Supply and Water Quality Act of 2018). 9. Resolution to authorize a memorandum of agreement with the Kern Council of Governments to receive two changeable message signs under the Kern Motorist Aid Authority program at no cost to the City. Ward I h. Resolution to add Area 5-97 (4609 and 4619 Kimber Avenue) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. i. Amendment No. 1 to Resolution No. 064-18 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Agreements: Ward 2 j. Agreement with AEG and Keith Barnes dba KB Concessions for the operation of concession stands at Valley Children's Ice Center of Bakersfield and the McMurtrey Aquatic Center. Ward 5 k. Final map and improvement agreement with Sierra Oaks, LLC, for Tract 7288 Phase 1 located south of White Lane and west of Buena Vista Road. I. Master license agreement with ExteNet Systems, LLC, for the installation of wireless communication equipment on City street lights. Ward 2 M. Utility agreement with Pacific Gas and Electric Company ($1,262,560) for the relocation of electric distribution facilities in conflict with the Centennial Corridor, Phase 4 Project (mainline). n. Amendment No.1 to Agreement No. 18-055 with the Kern County Department of Public Health ($30,192; revised not to exceed $455,216; and extend term to March 30, 2019) to provide services for the Housing Opportunities for People with AIDS Program. Ward 3 0. Contract Change Order No. 14 (final close-out) to Agreement No. 15-260 with Security Paving Company (-$189,173.18; revised not to exceed $6,306,461.85) for the State Route 99 at State Route 58 (Rosedale Highway) Off -Ramp Improvement Project. Ward(s) 2, 3 P. Contract Change Order No. 2 to Agreement No. 17-044 with Security Paving Company ($333,675.45 revised not to exceed $41,615,204.89) for the Kern River Bridge Improvement Project. Ward 2 q. Contract Change Order Nos. 6 and 7 to Agreement No. 17- 206 with Cal Prime, Inc. ($86,118.00; revised not to exceed $1,991,114.06), for the Westpark Street Improvements Project. Ward 2 r. Contract Change Order Nos. 12, 13, and 15 to Agreement No. 17-171 with Granite Construction Company ($359,012.01; revised not to exceed $7,798,114.04) for the Truxtun Avenue Operational Improvements. Ward 6 S. Contract Change Order No. 2 to Agreement No. 17-154 with Stockbridge General Contracting, Inc. ($90,419.80; revised not to exceed $2,199,306.49), for the Bakersfield Sports Village Phase I I I Soccer Stadium Improvements Project. Property Acquisition Agreements -TRIP: t. Purchase of GPS survey equipment: 1. Accept the bid from Engineering Supply Company, Inc. ($54,038.99), for the purchase of GPS survey equipment for the Public Works Department, Construction Division. 2. Appropriate $55,000 in Equipment Management Fund balance to the Public Works Department's operating budget within the Equipment Management Fund. Ward 7 U. Sewer Lift Station at Hosking Avenue and Akers Road Project: 1. Accept base bid and selective bid alternate No. 2 and approve contract with SW Construction ($345,973.50) for construction of said project. 2. Transfer $316,000 from the "Sewer Lift and Storm Pump Station - Various" Capital Improvement Project to the Sewer Lift Station at Hosking Avenue and Akers Road Capital Improvement Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). Ward 6 V. Wastewater Treatment Plant No. 3 Primary Clarifiers 6 and 8 Rehabilitation Project: 1. Accept base bid plus selective bid alternate no. 2 and approve contract with GSE Construction Company, Inc. ($1,074,700.00) for said project. 2. Appropriate $320,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Work Department's Capital Improvement Program budget for said project. Ward 4 W. Water Resource Office Building Expansion: 1. Accept the bid and award the contract to Klassen Corporation (not to exceed $1,267,961). 2. Appropriate $800,000 in fund balance to the Water Resources Capital Improvement Program Budget within the Agriculture Enterprise Fund ($400,000) and the Domestic Enterprise Fund ($400,000). Miscellaneous: X Appropriate $15,000 in California Fire Foundation grant revenue to the Fire Department operating budget within the General Fund for the purchase of wildland protective gear. Y Revised Fiscal Year 2018-19 U.S. Department of Housing and Urban Development Annual Action Plan: 1. Appropriate $224,817 in Federal Block Grant funds to the Development Services Department operating budget within the Community Development Block Grant Fund. 2. Appropriate $307,978 in Federal Block Grant funds to the Public Works Department Capital Improvement Program budget within the Community Development Block Grant Fund. 3. Appropriate $501,258 in Federal Block Grant funds to the Development Services Department Operating budget within the HOME Investment Partnerships Program Fund. 4. Agreement with Flood Bakersfield Ministries for $71,072 in Community Development Block Grant Funds (CDBG) to perform homeless outreach services throughout Bakersfield. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS Ward 2 a. Public hearing to consider a resolution ordering the vacation of the 33 foot by 264 foot alley running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. Staff recommends the public hearing be opened and continued until the City Council meeting on September 19, 2018. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DATE: 8/20/2018 111-11 V 03 SUBJECT: Proclamation to Colleen McGauley, Executive Director of Court Appointed Special Advocates for Children (CASA) of Kern County, recognizing the 25th Anniversary of CASA in Bakersfield on September 22, 2018. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DATE: 8/22/2018 111-11 N 03 SUBJECT: Certificates of Recognition to Alysen Gelinas, Community Relations Specialist, and Carina Ortiz, Community Relations Supervisor, of the Bakersfield Police Department, recognizing the outstanding work of volunteers from the Bakersfield Police Department Explorers and Civilian Volunteer Programs during the Dennen Cleanup Project. BACKGROUND: 09105118 CC A GENDA PA C PG 10 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Presentations 4. c. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DATE: 8/1/2018 111-11 V 03 SUBJECT: Proclamation to KC the Bull and Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 19 - 30, 2018, Kern County Fair Days. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 9/10/2018 111-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D SdbirnMed lby lMaiviin 1'.)ean D SdbirnMed lby Cathy IBUfleir D SdbirnMed lby Ka irein Ki'iing Type BackUIMateir4� BackUIMateir4� BackUIMateir4� 09105118 CC A GENDA PA C PG 12 HE("'D PIU ACEIDI (Nl RLE Al' C El P�1491/ ............ , laall--1 — 7-s RECT & PLACED ON FILE ALl'1'T !VE1, I Dowr0own Bakef'VoMd Dev(dopawnt Om por,oiorl FFH114 # 16 23038',H WHAT: Portrait of a Warrior Gallery — GRAND OPENING WHEN: Monday September 10, 2018 Mad[ng Address 1330 1iuxtun Ave° i `e 8:00am — Private Reception & Portrait Reveal for Swte A Rake�sfiedd CA 9330� Gold Star Families GaRery AdOess 1925 Eye Street 9:45am — Public Ceremony, Speeches, Fallen Hero Roll Call, Bakersfiekl CA, 9330 1 Gold Star Family Introduction, Ribbon Cutting (66 �) YK3-383 7 WHERE: 1925 Eye Street, Bakersfield (20th & Eye) WHAT: Introducing the new Portrait of a Warrior Gallery to COMMITTEE, Bakersfield. The Gallery will feature portraits of the 27 post Uh Marsh Pm�(N-,f ourder 911 servicemembers killed in Action from Kern County. ,Jason G6s, Veterans Resource Room where vets will be able to access Sqt Alqj (Ret )US Army many services from recreation to mental health. pos� go ive�erw Re�,� �hewon The Vietnam Room Gallery has the photographs of some 60 Mairr SandaH Vietnam fallen from Kern County as well as local memorabilia. Ve*ran Adwxate V')LIMW The Team Room gives the public the opportunity to experience bairn Pofter almost the exact living conditions endured by those deployed CIT? 2 (Ret) US Navy D& )C, FW in the Middle East. Pod,e-0 Ivckmney Inc The "22 A DAY" display — a somber recognition of the some 22 Dck Taybr V S co�p"", veterans and active duty military that commit suicide daily. K > C Veter',,in s The Cost of Freedom Wall — the time clock which lists those Wendy Porter Nour(,,ed „eroes Furd American lives lost in all wars since the American Revolution. The Education Room — where students & groups can gather following their tour to discuss first hand the price of freedom & Poilra�t Ar,bsts the war experience with other post 911 veteran volunteers. r�4rmas Za&wy Jason N'coshl"s, COMING IN JANUARY: MIA Room — 82,000+ PERSONALIZED Ker P13teW dog tags representing the Missing in Action from all wars. As remains are found the dog tags will be painted gold. This will be the ONLY display as such in the country. For niore inforr-nation: Lih IMarsh 661-303-3837 Dowr0own Bakef'VoMd Dev(dopawnt Om por,oiorl FFH114 # 16 23038',H DATE: September4.3O18 Contact: Melanie Fanner, DBAPneSident/CEO 661'325-5892 6 Ih Annual Taste of Downtown located in the Downtown Arts District Thursday, September 13, 2018 — 6 p.m. to 10 p.m. Free Admission — Tastes run from $1 to $10 WonnaUonabout the event imonline 81w*nw.bakersYe1ddba'comm/tod or for more information contact DBA President/ CEO Melanie Farmer cd801 325-5892. -J0- Ph:001-325-58Q2,Fax: O01 -325-731A, ERSG IEID WN _IFN ASSOCIATION Price: Free Admission and $1 per Tasting Ticket (taste can be from $1 to$ 10) To Purchase Tickets Visit: Bakersfielddba.com/tod KGET i WRP I pvi7J 2U&ND �N�',,, N4, F D � A ('60A Phone: 661-325-5892 - Fax: 661-325-7319 - www.bakersfielddba.com .1330 Truxtun Ave #A Bakersfield CA 93301 mo Overview REC^D & PLACED ON FILE AT COUNCIL MEETIN"' OF Unlike astandard bus, the service will follow 1umnimstnuctkonsfmomna navigation system that uses live traffic conditions and real-time requests for picks -up and drops -offs to generate the most efficient possible shared trips for GET customers, The service will be used for short trips under approximately 20 minutes in duration in defined service zones, and utilize vehicles that are smaller than traditional transit vehicles. Whether beginning a trip, completing trip, orseeking a complete trip solution, riding the new service will be intuitive, user-friendly, and designed to encourage the use of multiple modes ofpublic transportation. The nem/service, hnovvm asMicroTransit, will be on-call when riders want it, where they want it, connecting more people and places toour existing system. What wfll it be like to take GET,"s MicroTransit? A lot of the details still need to be fleshed out. But there are some likely features. Imagine a transit experience inwhich you can bepicked upand dropped off where you want when you want (called 'virtma| stops'). You will have an option for mobile payment and you can get reliable real-time information on your pick-up and drop-off times. Maybe you'll want to use this service tmconnect toa bus route. Or maybe you'll find that you can take an entire trip solely using GET's MicmoTransi1.The point is that the new service is flexible and convenient for customers no matter where you're heading. fAlcroTrainsit cost? We don know yet.MicroTran$it is considereda premium service, but because it'sa pilot project, fares will bethe same as current fixe route service. But our MicroT naha|somNi|ikelybecheaperthana similar ride ina LyftUber, taxis or other private mobility services. Where will GET bet That's to be determined, based in part on the knowledge and expertise of the team we partner with. That said, we envision GET's MicroTransit could be useful in parts of our service area that aren't quite dense enough 1msupport frequent bus service, orinparts where getting to bus stops can betricky due to distance mrmultiple transfers. Areas that GET is looking a1for alternative service are: ' The areas near Route 47|nthe Southwest ' The areas near Route 84imthe Northwest ' The areas along Route 61south ofRosedale Hwy - Evening Service after 7pm except for Rapid Routes 21 and 22 We recognize that we're serving an area where the number of people who drive has remained very high over the years. We believe that GET has anobligation to test new services to give more people more options other than driving and to better connect people to local bus networks. Keep in mind, too, that advancements in technology — enabled by smart phones and cell coverage — have allowed new mobility services to emerge that meet customers' needs in ways not previously possible. The MimroTransitPilot can take advantage ofnew and emerging technology and connect more people tmthe investments we're making in our region's transit and road system. U11111F U)"FIRI We don't think so. Most research indicates MicroTranskhas the potential to be complementary to transit. VVeare more interested indetermining ifexpanding our menu ofoptions provides improved mobility for our customers, rather than whether it takes away ridership from other modes. If existing riders wind up preferring this service to our other services, that is very useful to know. What wlfl� "success" look like? GET isputting this pilot project into place as part of our commitment to innovation and exploration of new ways ofdoing things. For us, success looks like learning whether and how customers might use a service like this, what key service design factors matter most to customers and how we can operate in a way that is financially sustainable. Answering those questions would be a huge win, as we identify innovative new ideas that help address our most pressing local transportation challenges. GET interviewed potential private sector partners for information about the pilot. We asked questions directly topotential partners and staff toprovide feedback mnthe project.Several individuals attended from an array of technology, planning, and outreach firms. VVedid a lot ofresearch when preparing this project with Stantec and deliberately put the customer experience (user experience) atthe forefront ufthe planning process. Weare spending a lot ofhours speaNnQvxithavarietymfstakehm|ders--bothpub|imand private--andso|icitinginputbecauseme want tmget this right. Questions, Feedback, Comments? Please contact: Deekay Fox Marketing Manager 661-869-6304 Ricardo Perez Assistant Transit Planner OHIO[# IMF/ot TRINS/f NISTRUT 20 18 WE MAKE LEFE BETTER BY CONNECTINGPEOPLE L S ONE RIDE AT ATIME M' �+ a a ' ' U \ JWt • 11 too PL--4_IC STA T EAMENTS SPEAKER'S C - 'ZD l.vuncil Meeting Date: You may address the Council under Public Statements on any matter related to City Business. Comments regarding hearing matters will be heard under the Hearing portion of the agenda and a Speaker's Card is not necessary for those items. Public statements are limited to three (3) minutes per speaker with a maximum of fifteen (15) minutes, for any one subject. Council may, by simple majority vote, waive the time limit. No action will be taken other than to refer the issue to a Committee or Staff member. A person who has not notified the Clerk or filled out a Speaker's Card may not be allowed to address the Council during Public Statements, unless a motion by the City Council is approved after the name of the person and the subject matter is acknowledged. Please complete the Speaker's Card and present it to the City Clerk before the Meetinn Name: Addre= Teleph Subiec "Speaker you prov M.0 2.04 1 P ON FILE :TING OF 57Ar6M&Jrs L� PI) Ad At I WHY,,RIDE Riding the bus will help clean up our air. GET buses are fueled with compressed natural gas (CNG). CNG is a fossil fuel substitute, which is environmentally cleaner than gasoline, diesel and propane. Riding the GET Bus once a week will make a difference! One person switching to public transit can reduce daily carbon emissions by 20 pounds, or more than 4,800 pounds in a year. Call 869-2GET (2438) for routing information or visit our website at www.getbus.org. GET Bus Helps Economy and Environment Operation expenses of $28.8 million generated $47.9 million in economic impact; supported 457 jobs; and created $6.1 million in federal and state and local taxes. Major local industries benefiting from these expenses were employment services, dry cleaning and laundry services, and maintenance and repair of nonresi- dential structures. Capital investments of $2.2 million created $3.5 million in economic impact; supported 16jobs; and produced $365,000 in federal and state and local taxes. For every $1 taxpayers invest in the public THE BUS transit system, $5.80 of benefits are created for the Bakersfield Metropolitan Area. Taking the bus increases your chances of arriving at your destination safely. Studies report that riding the bus is safer than driving or riding in a car. Due to the size of a transit bus, they are one of the safest vehicles on the road. Using public transportatio reduces stress. Sit back and relax! Read a book, [is music, or talk to other passengers leave the driving to someone else! have less stress which will decreas risk for future health problems. Walking to and from the b stop can make a difference your health. Research shows that people who public transportation are healthie people who don't, because walkir from bus stops is a regular part of daily exercise. GET TS Board or Directors District Population:495,019 (2017) Ridership:16,936 daily/ 5.2 million yearly (2016-17) District Size:160 square miles Number of Buses: 90 Number of Base Buses: 69 Number of GET -A -Lift Vehicles: 21 Number of Employees: 330 Operating Budget: (2017-18) $30.06 Million Capital Budget: (2017-18) $17.9 Million 1830 Golden State Avenue Bakersfield, Ca 93301 (661) 324-9874 Golden Empire Transit District is governed by a board of five Directors. The Board of Supervisors and Bakersfield City Council appoint two members each. The fifth member is appointed by a majority vote of the other four members. Their duties are to supervise and regulate the operations of every transit facility owned, operated, and/or controlled by the District. The GET Board meetings are held the third Tuesday of each month at 5:30 p.m. Meetings are held at the GET Administrative office at 1830 Golden State Avenue. If it is a holiday month, please contact GET at 661-324-9874 to be sure the Board is meeting on the regular date and time. a GOLDEN EMPIRE'TRANSIT DISTRICT MISSION: Golden Empire Transit District's mission is to consistently provide safe, accessible, reliable, courteous and affordable public transportation to diverse customers in the greater Bakersfield area. A, NJ I www.GetBus.org (;61=AF;Q=9A"4.Q ('I ici�nrmor GET -A -LIFT PARATRANSIT SERVICE GET offers a shared -ride, curb -to -curb service called GET -A -Lift for eligible riders who have a disability that prevents them from making some or all of their trips on fixed route buses. This service is sometimes called, "ADA Paratransit Service" because it is provided as part of our efforts to meet the requirements of the Americans with Disabilities Act of 1990 (or ADA). Curb -to -curb service means the service vehicle stops at the curb in the safest location closest to the passenger's pick up or drop off locations. Get -A -Lift provides customers with the freedom to move about the community independently to a variety of destinations such as medical appointments, shopping, and recreational activities. ®X& GET -A -Lift should never be an alternative or replacement for medical transport for some riders. GET -A -Lift drivers are not medically trained, they offer some assistance, but in most cases it is limited and at times does not reach the level of assistance required by some riders. GET -A -Lift may not be appropriate for all riders; it is still considered public transportation, making frequent stops, and offers no supervision for riders with special needs. APPtYMw .ew GET -A -LIFT Eligibility will be determined by a qualified professional during an in -person interview and Functional Assessment. ALL applicants seeking eligibility for ADA Paratransit Service must appear in person and must undergo a functional assessment. The functional assessment is to determine if the applicant can physically and/or cognitively reach and access GET's fixed route bus stop, board a bus, and successfully navigate (know where to board and alight to reach their destinations) the fixed route system. Being elderly or disabled does not qualify you automatically. Functional assessments are by appointment only. Walk-ins, individuals who wish to come in without an appointment, are accepted on most Wednesdays. For information on eligibility, schedule an assessment, or to inquire about our next walk-in day call (661) 869-6347. T �r ;M IN USINI GET -A -LIFT Reservations can be made 1 day prior to pick up time or up to 2 weeks in advance; same -day service is not available. GET -A -Lift takes reservations between the hours of 8 AM and 5 PM, seven days a week. General Purpose Service is for customers who take occasional trips for purposes such as medical appointments, shopping or recreation. Service is available seven days a week, Monday through Friday, trips can be scheduled as early as 7 AM or as late as 9:30 PM and on Saturday and Sunday, trips can be scheduled as early as 8 AM or as late as 7 PM. GET -A -Lift operates within the GET District boundaries, which includes most of the Greater Bakersfield Metropolitan area and operates only within 3/4 mile from a fixed route. Holiday Service schedule may vary. Please call for service availability. PAYIN G FOR GET -A -LIFT GET -A -Lift is not free of charge; all riders must pay a fare, current fare is $3 per trip. A 10-Trip Voucher Book (5 round -trips) may be purchased for $30 by check at the GET main office or by mail. For more information about these options, please call 324-9874. Exact fare or trip voucher are required for each boarding -drivers DO NOT carry change. Golden Empire Transit District 1830 Golden State Ave. Bakersfield, CA 93301 Main: 661.324.9874 GET -A -Lift: 661.869.6363 www.getbus.org I 1 coi ; ��*/ _ � REC'D & PLACED ON FILE AT C[pO�� UNCIL MEETIN OF 15 It �lti1p�►C Sh�S oil_bs stiff# fi?flif 1 IS11 t/t181:1 GET MicroTransit FAQ's Overview Unlike a standard bus, the service will follow turn -by -turn instructions from a navigation system that uses live traffic conditions and real-time requests for picks -up and drops -offs to generate the most efficient possible shared trips for GET customers. The service will be used for short trips under approximately 20 minutes in duration in defined service zones, and utilize vehicles that are smaller than traditional transit vehicles. Whether beginning a trip, completing a trip, or seeking a complete trip solution, riding the new service will be intuitive, user-friendly, and designed to encourage the use of multiple modes of public transportation. The new service, known as MicroTransit, will be on -call when riders want it, where they want it, connecting more people and places to our existing system. What will it be like to take GET's MicroTransit? A lot of the details still need to be fleshed out. But there are some likely features. Imagine a transit experience in which you can be picked up and dropped off where you want when you want (called 'virtual stops'). You will have an option for mobile payment and you can get reliable real-time information on your pick-up and drop-off times. Maybe you'll want to use this service to connect to a bus route. Or maybe you'll find that you can take an entire trip solely using GET's MicroTransit. The point is that the new service is flexible and convenient for customers no matter where you're heading. How much will ridine GET's MicroTransit cost? We don't know yet. MicroTransit is considered a premium service, but because it's a pilot project, fares will be the same as current fixed -route service. But our MicroTransit also will likely be cheaper than a similar ride in a Lyft, Uber, taxis or other private mobility services. Where will GET be testing MicroTransit? That's to be determined, based in part on the knowledge and expertise of the team we partner with. That said, we envision GET's MicroTransit could be useful in parts of our service area that aren't quite dense enough to support frequent bus service, or in parts where getting to bus stops can be tricky due to distance or multiple transfers. Areas that GET is looking at for alternative service are: The areas near Route 47 in the Southwest - The areas near Route 84 in the Northwest The areas along Route 61 south of Rosedale Hwy Evening Service after 7pm except for Rapid Routes 21 and 22 Why does GET want to test MicroTransit? We recognize that we're serving an area where the number of people who drive has remained very high over the years. We believe that GET has an obligation to test new services to give more people more options other than driving and to better connect people to local bus networks. Keep in mind, too, that advancements in technology — enabled by smart phones and cell coverage — have allowed new mobility services to emerge that meet customers' needs in ways not previously possible. The MicroTransit Pilot can take advantage of new and emerging technology and connect more people to the investments we're making in our region's transit and road system. sirlws SM/HM IYFIBf T®AMSIr M/1I1/0 But won't this iust take away riders from our bus services? We don't think so. Most research indicates MicroTransit has the potential to be complementary to transit. We are more interested in determining if expanding our menu of options provides improved mobility for our customers, rather than whether it takes away ridership from other modes. If existing riders wind up preferring this service to our other services, that is very useful to know. What will "success" look like? GET is putting this pilot project into place as part of our commitment to innovation and exploration of new ways of doing things. For us, success looks like learning whether and how customers might use a service like this, what key service design factors matter most to customers and how we can operate in a way that is financially sustainable. Answering those questions would be a huge win, as we identify innovative new ideas that help address our most pressing local transportation challenges. How is GET collaborating with the private sector on this project? GET interviewed potential private sector partners for information about the pilot. We asked questions directly to potential partners and staff to provide feedback on the project. Several individuals attended from an array of technology, planning, and outreach firms. So what makes GET's pilot special? We did a lot of research when preparing this project with Stantec, and deliberately put the customer experience (user experience) at the forefront of the planning process. We are spending a lot of hours speaking with a variety of stakeholders — both public and private — and soliciting input because we want to get this right. Questions, Feedback, Comments? Please contact: Deekay Fox Ricardo Perez Marketing Manager Assistant Transit Planner 661-869-6304 11 dfox@getbus.org 661-869-6333 11 ricardoperez@getbus.org 981 NIN EMPIRE TRANS/T R/STR/CT A �6ETb YEARS WE MAKE LIFE BETTER BY CONNECTING PEOPLE TO PLACES ONE RIDE AT A TIME o" ® - •,' " Words `-or- the, u� When I decided to become a greater supporter of the GET bus, I didn't realize how much I would enjoy the ride. It brings me bacl<to the years I spent in college as an undergrad, free of the stress that comes with dealing with car insurance, upkeep and having to maneuver through the city to find parking. Public transportation is an integral part of our community. The Golden Empire Transit District provides millions of rides a year and nearly 18,000 rides in a day. The GET bus also gives back to the community by partnering with the city and county to improve local bus stops and sidewalks. That's important to me. tiarah Harrioer eI Returning USC College Student Transportation Services $11,006,095 Facilities & Accommodations $1,483,614 Paratransit $2,346,305 Vehicle Maintenance $8,209,607 meral Administration 55,022 Total: $29,900,643 TDA -Sates Tax Revenue $17,776,606 Other $1,840,207 Federal Assistance $5,808,259 Passenger Fare $4,475,571 Total: $29,900,643 1956 ET has some exciting plansforthe next 45 years. We wantto remain relevant Gto our community's transportation network by branching out into other types of transit. In a few months we will be receiving 24 new buses with USB ports for riders to charge their mobile devices and eight GET -A -Lift vehicles. We will be doing a pilot project with microtransit. Never heard of it? Think Uber and Lyft meet public transit. This will be a transit experience in which riders can be picked up and dropped off where they want and when they want. Riders will have an option for mobile payment and reliable real- time information on pick-up and drop-off times within a zone. Maybe riders will want to use this service to connect to a bus route, or maybe they will find a personal route taking an entire trip solely using GET's microtransit. v The new service will be flexible and convenient for customers no matter where / they are heading. Look for improved interface between bicycles and transit. The new buses will have space for three bicycles, and GET will be partnering with the City on its bike share project to help people with the first and last mile of their transit trip. In addition, GET wants to make all of our routes more frequent. In the future, depending on funding availability, we want to make all of our routes run every ciiirr rr�nr r wfir iirn�ei . 10 to 15 minutes. As Bakersfield continues to grow, we deserve to have a # world -class transit system. 1973 All of this will take funding from our federal and state partners. GET is ready for the next 45 years -are you? 7's Chief Executive Officer 2018 At= 10 �, ;SES ON YOUR FROM ERE! oken Transit App KEN" to 41411 to download link. ore 10�Google Plav LTJ ■ J .11 8 0 \ Il)4C, cLD NFIEL,1 0 a. acute �— arectionof Travel Transit Center NUMANMEs ■ Point of Interest _ �� Medical Facility Fri OLLEGE —_" Igh speed Service s � o, f -*wu a z2��dsr —O a.a.u• _ , , , Allry �� rom�drM Stw Yn•rw:'q �wv. 0.1" •wooer eus+rz i Destinations By Route ® Route 21 Bakersfield College; Bakersfield Family Medical Center; Bakersfield High School; Bakersfield Home- less Center, California Inn; Camelot Park Con- tinuum Senior Center, CSUB; Department of Human Services; Dollar Theater; Downtowner Hotel; East High School; Extended Stay America; GEM Care; Hampton Inn; Kern Medical; Mary K Shell Center; McMurtrey Aquatic Center; Public Health Services; Richard Prado Senior Center; University of Phoenix, LAX Airport Valet Express ® Route 22 Bakersfield Police Department: Buena Vista Museum; Kern County Superior Court: CSUB; Downtowner Motel; Home Instead Senior Center; Kaplan College; Kem County Museum; Omni Family Health Center; The Marketplace; Mercy Southwest; North High School; Padre Hotel: Rasmussen Senior Center; Rathbum Library; Sam Lynn Ball Park; San Joaquin Community Hospital; Senior & Adult Services; Southwest Library; Stars Theater; Valley Plaza; West High School, Southwest Transit Center, Downtown Transit Center Route 41 Bakersfield Adult School; Bakersfield College; Bakersfield Municipal Airport BARC; Career Set. vices Center; Child Development Center, East Hills Walmart; Eleanor N Wilson Library; Kern County Food Bank; Garden Suites; Highland High School; Kaplan College; Kinship Center; Kem Medical; Mary K Shell Center; Northeast Library; Department of Public Health; Valley Plaza, Downtown Transit Center, Southwest Transit Center QRoute 42 Arthritis Association Adaptive Aquatic Center, California Best Inn; Camelot Park; Department of Motor Vehicles, Downtown; Emmanuel Convales- cent; Fox Theater; GET Downtown Transit Center; GET Southwest Transit Center; Golden State Mall; Greyhound Bus; Guild House, Inter California Bus; Kaplan College; Ramada Inn & Suites; South High School; Veterans Clinic; Valley Plaza; Westchester Bowl Route 43 Bakersfield College; Bakersfield Memorial Hospital; Bakersfield Police Department; California Best Inn; Community Learning Center GET Downtown Transit Center, Emmanuel ConvalescenC Guild House; Kem County Superior Court; Social Security Office (Haley St); Social Security Office (Office Park); Padre Hotel; Planned Parenthood; Pleasant Care Convalescent: Sagebrush Medical; Senor & Adult Services: Mercy Hospital (Truxtun Ave), CBCC (Sat. only) Route 44 Baker Street Library; Bakersfield College; Bakersfield Community House; Brundage Clinic Sierra Vista; Department of Human Services: Garden Suites; GET Southwest Transit Center; Holloway -Gonzales Library; Kaplan College; Kem County Fairgrounds; Kern Medical; Kinship Center; Mary K Shell Center; Richard Prado Senior Center; Southwest BuMing, Southwest DMV; Stockdale High School; Super 8 Motel; Valley Plaza; White Lane Good Samaritan Hospital; Omni Family Health Center, Rescue Mission Route - Amtrak; Baler Street Library; Bakersfield Commu- nityHouse: Bakersfield Head Hospital; Bakers- field Rescue Mission; Best Western Hill House; Buck Owens Crystal Palace; East Niles Center; EZ-8 Motel, Foothill High School; Jamison Center; Motel Calilomia Ave; North High School; Padre Hotel; Rabobank Arena; Rathbum Library; Senior & Adult Services; Stars Theater, Downtown Transit Center Route 46 Bakersfield Senior Center; Continuum Senior Care Management; Foothill School; Kaiser Pemianente; Slockdale Vilage; Vista High School; Clinics Siena Vista (MLK.,Potomac), Walmart Neighborhood Market, LAX Airport Valet Express 47 Route 47 Office Park Social Security Office; Panama Walmart Shopping Center; Rosewood Retirement Center, Stoukdale Village; West High School, LAX Airport Valet Express Route 61 Adult Health Care Center; Bakersfield College; CSUB; Emeritus at Bakersfield; Garces High School; Omni Family Health Center; Greenlawn Cemetery; Oildale Community Health Center; Sagebrush Medical; Southwest Community Center; Wnco (Panama Ln/Ashe) F,, Garden Suites; Golden Valley High School; Greenfield Senior Center; Holiday Inn; Holiday Inn Express; Kaplan College; Kem Delta Park & Ride; Bidgeview High School; Omni Family Health Center; Valley Plaza; Wilson Library, Southwest Transit Can 40)11, Route 81 Bakersfield California Best Inn; GET Downtown it Center; GET Southwest Transit Center; R a Limited Route 8 CSUB; Clan Inn; Courtyard Marriott; Double Tree Hotel; Gree res Community Center; Liberty High School; Me y Southwest Hospital; Northwest Promenade. Vista West High School, Downtown Transit Cent Route 8 GET South t Transit Center, Kaplan College, Wilson Rd L ary, Vallarla (South H), Clinics Sierra Vista (South , BAR Route Centennial h School; Clarion Inn; Courtyard Marriott; ble Tree Hotel; Frontier High School; GET Downt Transit Center: Northwest Prom enade; Vist West High School Route X GET Downt Transit Center; Kem Delta Park and Ride; T n Ranch Commerce Center; Tejon Outlet Mall ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/6/2018 111-11 V 03 SUBJECT: City Recycling Program update. STAFF RECOMMENDATION: Receive and file report. BACKGROUND: City staff will provide information regarding the changes occurring in the markets for recyclable materials and the impact on the City's Recycling Program. ATTACHMENTS: Description D PoweirP6int Ipireav>entaYiion Type Piresentadon 09105118 CC A GENDA PA C PG 24 m a w I im w I W *11 0 0 0 09105118 JJ GO PACKETPG 26 z �..� /�� /�\�������(/ 09105118 JJ GO PACKETPG 27 (1) (1) Ln Ch .............. z �..� /�� /�\�������(/ 09105118 JJ GO PACKETPG 27 03 11 11 LOfw W E I N Ll r7l IN 96 09105118 CC A GENDA PA C PG 28 r on= co x 0 CO (D M u E!l E E UEE 0 0 0, U U U LOfw W E I N Ll r7l IN 96 09105118 CC A GENDA PA C PG 28 Mlj �, M."m 0 IMF, u u > >. co u QJ GJ V) *aim Ln LM 0 u CL (A so C: 0 4-1 L- 0 o 0 0 0 Ln >- 0 r*4 r -I r -I LU 0 0 0 0 IMF, 7,7IFF'J""] lll� MUM , , A :m r- R9/R\/J@ CC A GENDA PA CKET PG 30 I � ri Nd� 1� 99 11 � g F - z LLJ Ln by 09105118 CC A GENDA PA C PG 35 Al. 0 0 0 0 e4 NOI, 33d 3DWd I I I I I 10 07.1 bw 09105118 CC A GENDA PA CKET PG 36 \ ��\ \ ��\\ ( �� Go I I I I I 10 07.1 bw 09105118 CC A GENDA PA CKET PG 36 0 0 0 0 0 0 0 LO Ln 0 Ln V). N V). q -q Vi. UOJL,Jad 09105118 CC A GENDA PA CKET PG 37 M O O® m 0 0 LO M® O M It ® LO tV CU 69 69 69 h (0 69 N 1® CD 69- LO I\- 63 O 0® I` O r- N C O CA ® m U) ® 2 � N N 69 69 6g 't cc 69 &3 69 69 CN U) CO I I I 1 1 r ®( Co In N I 0 ® r r N M oo 0 LO 69 64 69 69 69 6091 69 6e+ 6F} 69 6g 69 63 611, 69 'IT OO O O C) LO LO w N LO CO O M � O LO cm M 64 69 60- CO "t M M O r 69 LO 1` 63 O r 14T CY) N O — r CO Oi O O) 1�- ®i co 11 11 (O Lf) r N C) CD r o) M M It N 69 69 It CN d 69 6) � 6t} 69 69 6F} o Q) i i I (0 LO � Q N C)04 I I 'IT (0 r L 6s8 L 69 69 69 6f} 69 69 6q 6F> 69 69 69 63 N 69 r 69 69 O r M LO W r 0 M M r N M N ® O7 M e- (0 IT LO 1` (D (D O) N I- I- ® T Cfl C* c r N ®p -C ®® U ca N •� fn C — (6 x X U +• U m cn (6 CL Co LL ® O W O_ co C N U) O — � fB _0 U) C Cc O a -p (6 _m Oal cn m O O U >_ O tY U U O U "O L' d U U ti �- -O U O '( cu, cu, 1 QQ UZ24 C&U Q 6� Q1. 09105118 CC A GENDA PA C PG 39 11 Q1. 09105118 CC A GENDA PA C PG 39 d2�a ? \on I 9� 09105118 CC A GENDA PA C PG 42 ro /t Ob A 11 N �< I 7:0 qt� rn 09105118 CC A GENDA PA C PG 43 0 M.1 11 I 0 2. C xU > UJ 4-J _0 co Ln E 4-J 0 U Ln 0 0 0 C) . 4c: 0 N 0 rn cuu E CL 0 4-j 0 -C A -j co 0 L— E 0 4-J cu E V) 4-1> CD m E 0 _0 0 4-J V) 4-J 4-J -0 C-0 L) LL U ,® u U Uo U, c: 2. C xU > UJ All E I' - I "10 11 09105118CCAGENDAPACKETPG 45 (f) 4-J V) Ln Ca E 41 0 Ln C: E Ln 0 4-J (a 0 0 I I I I' - I "10 11 09105118CCAGENDAPACKETPG 45 Le] m 'm om 2 LJ � Fj o.* wg, > o LLJ < 09105118 CC A GENDA PA C PG 4 6 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Workshops 6. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro DATE: 8/24/2018 111-11 N 03 SUBJECT: Advocacy rules regarding the local tax measure. STAFF RECOMMENDATION: Receive and file report. BACKGROUND: At the request of Councilmember Weir, the City Attorney's Office will give a presentation on the rules of advocacy concerning our local tax measure. ATTACHMENTS: Description D PoweirP6int Ipireav>entaYiion Type Piresentadon 09105118 CC A GENDA PA C PG 4 7 �• r E 0 Head writract (4/18,' - Once the measure � risk of violating the I more scrutiny when activities relate to m 9/5/2018 0 00 • "cast your ballof • "vote against"` • "defeat" or "reject" • "sign a petition" for or again 9/5/2018 2 11 11 LI AILIFFIrmoMMM campaign and attend's a pad PLO - City officials may make persor public appearances on person opposing a measure 9/5/2018 3 Advocacy: Do or Don't? - cmuly W'""I wwww V, is from a personal or Walking the Ward Mrd - Not a good idea unle • Exception: r"Iecfion • Very fuzzy... particularly determining or off dirt - When in doubt, give information o0y andkx speak to City Attorney 9/5/2018 2 9/5/2018 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 6/4/2018 N11-11 V 03 SUBJECT: Approval of minutes of the August 15, 2018, Special and Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackUIMateir4� 09105118 CC A GENDA PA C PG 53 SPECIAL MEETING - 4:00 PM 1. ROLL CALL BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 15, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting- 5:15 p.m. Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir (seated at 4:04 p.m.), Freeman, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. Mayor Goh suggested that New Business item 5.a. be heard before Closed Session. ACTION TAKEN Motion by Vice -Mayor Smith to address New Business item APPROVED 5.a. before Closed Session item 3.a. 5. NEW BUSINESS a. League of California Cities Annual Conference appointment of voting delegate(s) and City position on conference resolutions. Assistant City Manager Teglia made staff comments and recommended Council appoint a voting delegate and alternate; and recommended the Council adopt City staff's recommended positions on the League's proposed resolutions. Motion by Vice Mayor Smith to appoint Mayor APPROVED Goh as the voting delegate, and Councilmember Parlier as the alternate delegate; and approve the staff recommendation on the resolutions proposed by the League. 3. 4. 5. 6 Bakersfield, California, August 15, 2018 - Page 2 CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. JDS Hospitality Group, LLC, et al. KCSC Case No. BCV -18- 100816 Motion by Vice -Mayor Smith to adjourn to Closed Session at 4:04 p.m. The Closed Session meeting was adjourned at 4:42 p.m. Meeting reconvened at 5:10 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. JDS Hospitality Group, LLC, et al. KCSC Case No. BCV -18- 100816 NEW BUSINESS a. League of California Cities Annual Conference appointment of voting delegate(s) and City position on conference resolutions. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:11 p.m. REGULAR MEETING -5:16 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None 2. INVOCATION by Pastor James Lair, Senior Pastor of Bakersfield First Assembly Church. ACTION TAKEN APPROVED CITY ATTORNEY WAS GIVEN DIRECTION MOVED FORWARD ON THE AGENDA - SEE PAGE 1 Bakersfield, California, August 15, 2018 — Page 3 ACTION TAKEN 3. PLEDGE OF ALLEGIANCE by Rebecca Strasser, Bakersfield Distinguished Young Women, Class of 2019 4. PRESENTATIONS a. Proclamation to Diane P. Martinez and Pryscyla Russell, declaring Childhood Cancer Awareness Month in Bakersfield during September 2018. Ms. Martinez and Ms. Russell accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Tina Gerber, Emmanuel Lutheran Church, thanked Councilmember Gonzales and the Fire Department for their support with the National Night Out event the church held on August Th. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 18, 2018, Regular City Council Meeting. Payments: b. Receive and file department payments from July 6, 2018, to August 2, 2018, in the amount of $39,658,663.01, Self Insurance payments from July 6, 2018, to August 2, 2018, in the amount of $1,625,313.12, totaling $41,283,976.13. Ordinances: C. First reading of an ordinance amending FR Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating to landscaping. Bakersfield, California, August 15, 2018 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN d. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to R- 2/PUD (Limited Multiple Family Dwelling/ Planned Unit Development) on 38.01 acres located generally north of McCutchen Road, 1,300 feet west of Ashe Road. (ZC No. 17- 0354, Moran Development representing Beech A/C Properties, LLC) e. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 17.43 acres located at the northeast corner of Panama Lane and South Allen Road. (ZC No. 18-0032, McIntosh & Associates, representing Encanto Gardens, LLC) Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district C-2/PCD (Regional Commercial/Planned Commercial Development) to R-2 (Limited Multiple Family Dwelling) on 11.92 gross acres located at the northeast corner of the Buena Vista Road/Harris Road intersection. (ZC No. 18- 0050, RGF Properties LLC, representing Steven Antongiovanni) Resolutions: g. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. h. Resolution to authorize transfer of a surplus armored "Peacekeeper" personnel carrier to the San Benito County Sheriff's Office for zero dollars. ORD 4940 ORD 4941 ORD 4942 RES 110-18 RES 111-18 Bakersfield, California, August 15, 2018 - Page 5 CONSENT CALENDAR continued Resolution approving the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding of an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3-06-0323- 021 and authorizing the City Manager or designee to execute all necessary documents. j. Resolution determining that replacing the Irwin Seating Company® fixed arena seat replacement components cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $47,000. k. Ice chiller upgrade at Rabobank Arena: Resolution determining the ice chiller upgrade at Rabobank Arena cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $1,001,500. 2. Agreement with CIMCO Refrigeration, Inc., for the ice chiller upgrade at Rabobank Arena. System maintenance for the 18th and Eye Parking Facility: 1. Resolution determining that warranty services for the 18th and Eye Parking Facility cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, for a period of four years not to exceed $79,068. 2. Agreement with Sentry Control Systems, LLC ($79,068), to provide hardware and software warranty services for the 18th and Eye Parking Facility. ACTION TAKEN RES 112-18 RES 113-18 RES 114-18 AGR 18-120 RES 115-18 AGR 18-121 A Bakersfield, California, August 15, 2018 - Page 6 CONSENT CALENDAR continued ACTION TAKEN M. Amendment No. 1 to Resolution No. 051-16 RES 051-16(1) relating to the records retention schedule for departments of the City of Bakersfield. n. Resolution of Intention No. 1978 to order the ROI 1978 vacation of the 33 foot by 264 -foot alley running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. o. Resolution of Intention No. 1979 to add Area ROI 1979 5-97 (4609 and 4617 Kimber Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: P. License agreement with County of Kern for the AGR 18-122 operation of the Bakersfield Police Department Law Enforcement Basic Academy at Kern County Regional Training Center. q. Agreement with Solenis, LLC (one year; not to AGR 18-123 exceed $132,000), to provide polymer for dissolved air flotation units at Wastewater Treatment Plant No. 3. r. Final map, improvement agreement, and AGR 18-124 landscape agreement with Summit Capital AGR 18-125 Ventures, Inc., and John Balfanz Homes, Inc., for Tract Map 6825, Phase 3, located at Berkshire Road and Old River Road. S. Final map and improvement agreement with AGR 18-126 Beech A/C Properties, LLC, for Parcel Map 12023, Phase 1, located at the northeast corner of McCutchen Road and Reliance Drive. t. Cooperative agreement with the State of REMOVED FOR California Department of Transportation to SEPARATE construct a roundabout at Enos Lane and CONSIDERATION Stockdale Highway, a part of the Centennial Corridor Project. Bakersfield, California, August 15, 2018 - Page 7 CONSENT CALENDAR continued U. Assignment of Bakersfield Municipal Airport long-term ground lease agreements with Karen Dole, Executor of the Estate of Gordon Thomas Dole assigning Hangar Spaces B1, B2, and B7 to Debra L. Banducci as Trustee of the Debra L. Banducci Living Trust dated April 25,2018: Amendment No. 2 to Ground Lease Agreement No. 06-358 2. Amendment No. 2 to Ground Lease Agreement No. 06-359 3. Amendment No. 1 to Ground Lease Agreement No. 09-086 V. Amendment No. 3 to Agreement No. 16-035 with Ferguson Enterprises, Inc. (increase compensation $15,000; revised not to exceed $72,010.48), for the continued supply of fire hydrants. W. Amendment No. 2 to Agreement No. 16-164 with Centrisys Corporation ($100,000; revised not to exceed $300,000; extend term one year) to provide dewatering centrifuge repair and maintenance services for the Wastewater Division. X. Amendment No. 2 to Agreement No. 16-165 with Abacus IMT, Inc. ($60,000; revised not to exceed $180,000 and extend term one year), to provide internal combustion engine repair and maintenance for the Public Works Department, Wastewater Division. Y. Amendment No. 2 to Agreement 16-265 with Rotational Molding, Inc. ($555,000; revised not to exceed $1,409,400 and extend term one year), to continue the supply of refuse and recycling carts. Z. Amendment No. 2 to Agreement No. 16-181 with Western Refining Company, LP ($160,000; revised not to exceed $481,250 and extend the term one year), to continue the supply of CSS - 1 H asphaltic emulsion. ACTION TAKEN AGR 06-358(2) AGR 06-359(2) AGR 09-086(1) AGR 16-035(3) AGR 16-164(2) AGR 16-165(2) AGR 16-265(2) AGR 16-181(2) A Bakersfield, California, August 15, 2018 - Page 8 CONSENT CALENDAR continued ACTION TAKEN aa. Amendment No. 1 to Agreement No. 17-110 AGR 17-110(1) with Sierra Construction & Excavation, Inc. ($1,000,000; revised not to exceed $2,000,000 and extend term one year), for the continued annual maintenance and repairs on the City's domestic water system. ab. Carbon media procurement for the 1,23- Trichloropropane (TCP) Mitigation Project: Amendment No. 1 to Agreement No. 17- AGR 17-177(1) 177 with Calgon Carbon Corporation ($462,760; not to exceed $1,404,236) to procure granular activated carbon media for the TCP Mitigation Project for 20 water treatment vessels. 2. Appropriate $462,760 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ac. 1,2,3-Trichloropropane (TCP) Mitigation Project: Amendment No. 1 to Agreement No. AGR 17-138(1) 17-138 with Bakersfield Well & Pump to provide additional pump maintenance and repair services for six additional well sites contaminated with TCP. 2. Appropriate $468,330 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ad. Contract Change Order No. 4 to Agreement AGR 16-180 No. 16-180 with AC Electric ($13,590.01; revised CCO 4 not to exceed $483,645.60) for the Traffic Signal, Lighting, Synchronization System Installation; Snow Road at Jewetta, Snow Road at Norris Road/Verdugo Lane Project. ae. Contract Change Order No's. 12, 22, and 27 to AGR 17-044 Agreement No. 17-044 with Security Paving CCO 12, CCO 22 Company ($26,415.34; revised not to exceed CCO 27 $41,281,529.44) for the Kern River Bridge Improvement Project. Bakersfield, California, August 15, 2018 - Page 9 CONSENT CALENDAR continued af. Contract Change Order No. 10 to Agreement No. 17-170 with Granite Construction Company ($199,806; revised not to exceed $7,429,240.28) for the Truxtun Avenue Operational Improvements. ag. Beltway Operational Improvements Project: Contract Change Order No's. 91, 93, 100, 102, 103, 104, 106, 107, 110, 1 1 1, and 115 to Agreement No. 14-241 with Security Paving Company ($797,842.10; revised not to exceed $86,625,583.34) for the Beltway Operational Improvements Project. 2. Transfer $797,842 budgeted in the Gas Tax fund within the Centennial Corridor Project to the Beltway Operational Improvements Project. Property Acquisition Agreements - TRIP: ah. Centennial Corridor Project: Settlement agreement with Fresno MSA Limited Partnership, doing business as Verizon Wireless and ATC Sequoia, LLC, for the purchase of property at 200 Real Road ($331,975). 2. Lease agreement with American Towers, LLC, for a cellular tower site. (TRIP) ai. Accept the bid and approve the contract with Cal Prime, Inc. ($927,777), for sewer relocation and parking lot modifications at 31/33 Real Road for the Centennial Corridor Project. (TRIP) Bids: aj. Extend the bid from Kovatch Mobile Equipment ($598,090.16) for one replacement fire engine for the Fire Department. ak. Extend the bid from Golden State Peterbilt ($676,369.96) for two replacement four -axle front -loading refuse trucks for the Public Works Department, Solid Waste Division. ACTION TAKEN AGR 17-170 CCO 10 REMOVED FOR SEPARATE CONSIDERATION AGR 18-128 AGR 18-129 AGR 18-130 Bakersfield, California, August 15, 2018 - Page 10 8. CONSENT CALENDAR continued al. Extend the bid from Golden State Peterbilt ($429,756.74) for two replacement super dump trucks for use by the Water Resources and Public Works Departments. am. Extend the bid from Jim Burke Ford ($293,730.15) for three replacement cone setting delineator trucks for use by the Public Works Department. an. Accept the bid and approve the contract with Chrisp Company ($124,791.75) for the construction of Remove II -Bicycle Lane Improvements on Various Streets Projects. ao. Accept the bid and approve the contract to Jim Alfter Cement Contractor (not to exceed $1,408,976.50) for the annual contract for concrete construction. ap. Accept the bid from Heartland Video Systems, Inc. ($45,245.59), for the purchase of Ross® Video High Definition Upgrade components for the Rabobank Arena. aq. Accept bid from Hi Standard Automotive ($103,012.41) for the purchase of Code 3® light bars and accessories for Police vehicles. ar. Accept the bid from Adamson Police Products ($76,164.34) for Setina Police vehicle equipment. as. Accept the bid and approve the annual contract to Kern Masonry Structures, Inc. ($200,000), for block wall repair. at. Accept the bid and approve the contract with MP Environmental ($61,860) for demolition of improvements at 7725 Wible Road and 7721 Wible Road. au. Purchase of a hydraulic tilt three -axle trailers for the Public Works Department, Streets Division: Accept the bid from Brocks Trailer, Inc. ($84,887.48), for two replacement hydraulic tilt three -axle trailers. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 18-132 AGR 18-133 AGR 18-134 Bakersfield, California, August 15, 2018 — Page 11 8. CONSENT CALENDAR continued ITEM 8.au. CONTINUED 2. Appropriate $19,000 in Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase. ay. Belle Terrace Project (Project): Accept the bid and award the contract to Granite Construction ($32,090,434.85) to construct the Project. 2. Amendment No. 5 to Agreement No. 14- 288 with Parsons Transportation Group ($480,630; revised not to exceed $35,078,998) for design support services during construction of the Project. aw. Jefferson Park Basketball Court Rehabilitation and Americans With Disabilities Act (ADA) Improvements Project: Accept the bid and approve the contract to Pacific Tennis Courts, Inc. ($378,414), to construct ADA improvements, rehabilitate existing basketball courts, and convert exist tennis courts into new basketball courts. 2. Appropriate $350,000 in grant funds from the California Youth Soccer and Recreation Development Program (California Natural Resources Agency) to the Recreation and Parks Capital Improvement within the Capital Outlay Fund. Miscellaneous: ax. Appropriate $98,763 in Grant Assistance Program funds from the California Department of Alcoholic Beverage Control to the General Fund Police Department operating budget. Successor Agency Business: ay. Receive and file Successor Agency payments from July 6, 2018, to August 2, 2018, in the amount of $1,029,164.26. ACTION TAKEN AGR 18-135 AGR 14-288(5) AGR 18-136 Bakersfield, California, August 15, 2018 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting clerical changes to the landscape ordinance to improve clarity; and an additional staff memorandum was received regarding item 8.af., correcting the agreement number listed in the administrative report to state agreement number 17- 171, not agreement 17-170. Vice -Mayor Smith announced that he would abstain, due to a conflict of interest, on item 8.n. Councilmember Weir requested items 8.t., 8.ag., and 8.an. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ay., with the removal of items 8.t., 8.ag., and 8.an. for separate consideration. t. Cooperative agreement with the State of AGR 18-127 California Department of Transportation to construct a roundabout at Enos Lane and Stockdale Highway, a part of the Centennial Corridor Project. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar item 8.t. NOES WEIR ag. Beltway Operational Improvements Project: 1. Contract Change Order No's. 91, 93, 100, AGR 14-241 102, 103, 104, 106, 107, 110, 1 1 1, and 115 CCO 91, CCO 93 to Agreement No. 14-241 with Security CCO 100, CCO 102 Paving Company ($797,842.10; revised CCO 103, CCO 104 not to exceed $86,625,583.34) for the CCO 106, CCO 107 Beltway Operational Improvements CCO 110, CCO 111 Project. CCO 115 2. Transfer $797,842 budgeted in the Gas Tax fund within the Centennial Corridor Project to the Beltway Operational Improvements Project. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar item 8.ag. NOES WEIR 9 Bakersfield, California, August 15, 2018 - Page 13 CONSENT CALENDAR continued an. Accept the bid and approve the contract with Chrisp Company ($124,791.75) for the construction of Remove II -Bicycle Lane Improvements on Various Streets Projects. Motion by Vice -Mayor Smith to adopt Consent Calendar item 8.t. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider a resolution ordering the summary vacation of a 10 -foot wide public utility easement located at the northwest corner of Elkhorn Creek Lane and White Rapids Way. Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 5:41 p.m. No one spoke. Hearing item 10.a. closed at 5:42 p.m. Motion by Vice -Mayor Smith to adopt the resolution. b. Public hearing to consider a resolution adopting fees pursuant to the cost recovery system, including certain park facility rentals, fire hydrant distribution and installation inspections, and the Blue Star Military Banner Program. Finance Director Smith made staff comments. Hearing item 10.b. opened at 5:43 p.m. No one spoke. Hearing item 10.b. closed at 5:44 p.m. ACTION TAKEN AGR 18-131 APPROVED ABS WEIR RES 116-18 APPROVED RES 117-18 10. 11. 12. 13. 14. Bakersfield, California, August 15, 2018 - Page 14 HEARINGS continued ITEM 10.b. CONTINUED Motion by Vice -Mayor Smith to adopt the resolution. C. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) at 22645 Stockdale Highway, Bakersfield, CA 93314 (APN 160-010-07) (CPN 87759). Public Works Director Fidler made staff comments. Hearing item 10.c. opened at 5:46 p.m. No one spoke. Hearing item 10.c. closed at 5:46 p.m. Councilmember Freeman requested staff explore making the future roundabout on Stockdale Highway attractive since it's the western gateway into Bakersfield. Motion by Vice -Mayor Smith to adopt the resolution. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff prepare a resolution of support for the Water Supply and Water Quality Act of 2018. Councilmember Parlier thanked Police Chief Martin and staff for the National Night Out event at Rabobank Arena. ACTION TAKEN APPROVED RES 118-18 APPROVED Bakersfield, California, August 15, 2018 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier requested staff contact Louis Gill, Executive Director of the Bakersfield Homeless Center, to discuss funding issues of the Homeless Collaborative. Councilmember Weir requested City Attorney staff provide a brief presentation at the next Council meeting explaining the applicable legal standards related to advocating for or against the local measures on the November ballot, and requested this item be placed on the agenda for potential action. Councilmember Weir requested staff to schedule a follow-up presentation of the Personnel Committee preferably before the last City Council meeting in September. Councilmember Sullivan made comments regarding the National Night Out event. Mayor Goh stated 24 students from sister city Wakayama, Japan visited last week and thanked those who helped make this cultural exchange possible. Mayor Goh spoke regarding the upcoming annual 9/11 memorial tribute. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 5:53 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: 9/5/2018 Consent- Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 7/9/2018 111-11 V 03 SUBJECT: Receive and file department payments from August 3, 2018, to August 23, 2018, in the amount of $23,325,040.17, Self Insurance payments from August 3, 2018, to August 23, 2018, in the amount of $488,905.66, totaling $23,813,945.83. Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNin 09 05 20,18 D 2 E/kP Check Regilsteir/kdirNin 09...05....a'0,18 Type BackUIMateir4� BackUIMateir4� 09105118CCAGENDAPACKETPG 69 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678532 70437 B & D LAW GROUP APLC Aug 3, 2018 $550.00 678533 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $53.75 678534 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $47.06 678535 70436 BRUMFIELD & HAGAN LLP Aug 3, 2018 $845.82 678536 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $399.87 678537 1790 CASTLE & COOKE CALIFORNIA INC Aug 3, 2018 $17,815.00 678538 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $399.87 678539 26953 DIVISION OF THE STATE ARCHITECT Aug 3, 2018 $4,890.00 678540 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $10.00 678541 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $5,822.17 678542 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $275.00 678543 4435 KERN COUNTY CLERKS Aug 3, 2018 $300.00 678544 28770 KIDZ LOVE SOCCER Aug 3, 2018 $2,769.00 678545 14642 LAW OFFICES OF JOHN C HALL Aug 3, 2018 $550.00 678546 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $40.00 678547 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $244.44 678548 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $275.00 678549 70148 RODRIGUEZ & ASSOCIATES Aug 3, 2018 $220.01 678550 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $39.27 678551 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $71.67 678552 10037 MISCELLANEOUS TRUST VENDOR Aug 3, 2018 $275.00 678553 26505 SCRITCHFIELD, JORDAN Aug 3, 2018 $546.00 678554 28920 SIMS, RONALD Aug 3, 2018 $113.75 678555 29365 STONE, ROSA Aug 3, 2018 $113.10 678556 28829 VASQUEZ, ROSARIO Aug 3, 2018 $117.00 678557 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $186.01 678558 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $895.98 678559 10292 CITY OF BAKERSFIELD Aug 3, 2018 $107.00 678560 10292 CITY OF BAKERSFIELD Aug 3, 2018 $0.49 678561 10292 CITY OF BAKERSFIELD Aug 3, 2018 $88.00 678562 10292 CITY OF BAKERSFIELD Aug 3, 2018 $438.00 678563 10292 CITY OF BAKERSFIELD Aug 3, 2018 $219.00 678564 10196 KERN COUNTY D A'S OFFICE Aug 3, 2018 $5,050.00 678565 10196 KERN COUNTY D A'S OFFICE Aug 3, 2018 $2,348.00 678566 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $225.45 678567 10047 MISC RECEIVABLE REFUND VENDOR Aug 3, 2018 $223.51 678568 28 A C ELECTRIC COMPANY Aug 9, 2018 $7,546.00 678569 534 AT&T Aug 9, 2018 $400.00 678570 19406 ACOM SOLUTIONS INC Aug 9, 2018 $40.00 678571 20576 ACTION GLASS INC Aug 9, 2018 $149.96 678572 15433 ADVANCE MOBILE SECURITY Aug 9, 2018 $32.16 678573 28318 ADVANCED CARE WELLNESS M C S LLC Aug 9, 2018 $1,301.00 678574 25365 AECOM TECHNICAL SERVICES INC Aug 9, 2018 $42,908.26 678575 12516 AIMS Aug 9, 2018 $35,459.83 678576 19696 ALEMAN, KIM Aug 9, 2018 $57.23 678577 24462 ALIANZA RECYCLING & RECOVERY LLC Aug 9, 2018 $195.45 678578 29450 ALL AMERICAN UNIFORMS LLC Aug 9, 2018 $1,150.95 678579 160 ALL THAT LETTERING SIGN COMPNY Aug 9, 2018 $1,011.63 678580 25863 ALLIED WEED CONTROL INC Aug 9, 2018 $11,515.00 678581 23588 ALUMINUM CHUCK WAGON Aug 9, 2018 $23,365.09 678582 27696 AMAZING BOUNCE Aug 9, 2018 $3,560.00 678583 26835 AMERICAN RED CROSS -HEALTH & Aug 9, 2018 $1,000.11 678584 347 AMREP INC Aug 9, 2018 $10,196.98 678585 29827 AMS LEGAL SUPPORT SERVICES INC Aug 9, 2018 $125.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678586 19420 ANIMAL CARE EQUIPMENT & SERVICES Aug 9, 2018 $1,444.37 678587 1049 APPLIED LNG TECHNOLOGIES LLC Aug 9, 2018 $2,699.49 678588 523 ATCO INTERNATIONAL Aug 9, 2018 $157.70 678589 25940 BACA, ANTHONY Aug 9, 2018 $168.00 678590 646 BAKER, BOBBY Aug 9, 2018 $45.00 678591 675 BAKERSFIELD CALIFORNIAN Aug 9, 2018 $357.32 678592 29244 BAKERSFIELD PATIO COVERS Aug 9, 2018 $11,000.00 678593 841 BAKERSFIELD RUBBER STAMP CO Aug 9, 2018 $64.24 678594 875 BAKERSFIELD TRUCK CENTER Aug 9, 2018 $1,054.14 678595 945 BARNETT'S TOWING SERVICE INC Aug 9, 2018 $105.00 678596 29690 BARONS AUTO PARTS INC Aug 9, 2018 $69.80 678597 29350 BEST SMOG & TUNE UP Aug 9, 2018 $59.75 678598 1069 BETHANY SERVICES Aug 9, 2018 $14,900.87 678599 28231 BIG BRAND TIRE & SERVICE Aug 9, 2018 $484.69 678600 20671 BILLAT JTWROS, MICHAEL & GAYLE Aug 9, 2018 $797.69 678601 21172 BLACKHOLE TECHNOLOGIES INC Aug 9, 2018 $283.41 678602 28341 BOB'S AUTO GLASS INC Aug 9, 2018 $264.83 678603 29219 BODY OF CHRIST Aug 9, 2018 $614.00 678604 22817 BORN AGAIN BODYWORKS Aug 9, 2018 $6,429.30 678605 28382 BR FROST COMPANY Aug 9, 2018 $3,170.37 678606 1249 BRANDCO Aug 9, 2018 $1,837.73 678607 19303 BRIGHT HOUSE NETWORKS Aug 9, 2018 $114.98 678608 24682 BROADCAST MUSIC INC Aug 9, 2018 $3,060.00 678609 1271 BROCKS TRAILER Aug 9, 2018 $1,650.20 678610 24464 BROWN, CLAUDE Aug 9, 2018 $168.00 678611 10267 BUDGET BOLT INC Aug 9, 2018 $719.71 678612 29802 BULLOCK, JACQUELINE Aug 9, 2018 $84.00 678613 1477 CAL VALLEY EQUIPMENT INC Aug 9, 2018 $1,081.01 678614 1495 CALGON CARBON CORPORATION Aug 9, 2018 $43,043.98 678615 1724 CALPLY LLC Aug 9, 2018 $49.16 678616 29025 CATER, JASON Aug 9, 2018 $920.25 678617 28255 CELEDON, ERIC Aug 9, 2018 $1,282.00 678618 16974 CERTEX WEST USA INC Aug 9, 2018 $198.77 678619 1888 CHAMPION HARDWARE Aug 9, 2018 $2,971.13 678620 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 9, 2018 $179.46 678621 26744 CHICAGO TITLE CO Aug 9, 2018 $500.00 678622 29942 CHRIST FIRST MINISTRIES Aug 9, 2018 $1,700.00 678623 2016 CLARK PEST CONTROL INC Aug 9, 2018 $48.00 678624 29017 CLEAN WRIGHT SERVICE Aug 9, 2018 $420.00 678625 27509 CONTRERAS, ANGEL Aug 9, 2018 $168.00 678626 2253 CULLIGAN WATER CONDITIONING Aug 9, 2018 $37.30 678627 27296 D & D DISPOSAL INC Aug 9, 2018 $924.00 678628 24837 DAVES FABRICATION Aug 9, 2018 $626.95 678629 25337 DAVES FLEET MAINT & TOWING INC Aug 9, 2018 $35.00 678630 4140 DAVID JANES COMPANY Aug 9, 2018 $353.69 678631 2442 DELANEY & AHLF DIESEL SERVICE INC Aug 9, 2018 $274.15 678632 29256 DEWITZ, JEFF Aug 9, 2018 $168.00 678633 28251 DISABILITY ACCESS CONSULTANTS LLC Aug 9, 2018 $13,750.00 678634 2613 DOUGLASS TRUCK BODIES INC Aug 9, 2018 $41.18 678635 29859 DREGHAN DEFENSE LLC Aug 9, 2018 $1,876.88 678636 18544 DUANE MORRIS LLP Aug 9, 2018 $90,000.00 678637 1167 E S R I Aug 9, 2018 $117,000.00 678638 16336 EDDY, DENNIS Aug 9, 2018 $800.00 678639 29032 EDISON AGRICULTURE SERVICES INC Aug 9, 2018 $448.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET PG 71 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678640 2752 ELBERT DISTRIBUTING Aug 9, 2018 $81.98 678641 2811 ENTENMANN ROVIN CO Aug 9, 2018 $183.24 678642 23720 ERNEST PACKING SOLUTIONS INC Aug 9, 2018 $1,430.98 678643 2830 EWING IRRIGATION PRODUCTS Aug 9, 2018 $967.61 678644 16624 FASTENAL COMPANY Aug 9, 2018 $984.26 678645 2901 FEDEX Aug 9, 2018 $37.15 678646 19657 FIRST CHOICE SERVICES INC Aug 9, 2018 $263.96 678647 25339 FLEET SERVICES TOWING INC Aug 9, 2018 $105.00 678648 24606 FLOOD BAKERSFIELD MINISTRIES Aug 9, 2018 $3,540.19 678649 26311 FLOWERS, MARTY Aug 9, 2018 $84.00 678650 3028 FLOYDS GENERAL STORE Aug 9, 2018 $275.40 678651 29238 FOX, PERRY Aug 9, 2018 $252.00 678652 29824 FREDS BARBECUE FACTORY Aug 9, 2018 $1,000.01 678653 29018 FRUITVALE AUTOMOTIVE Aug 9, 2018 $404.46 678654 29092 GEI CONSULTANTS INC Aug 9, 2018 $8,562.38 678655 27868 GERRY, CHRISTOPHER Aug 9, 2018 $411.99 678656 18722 GLOBALSTAR USA INC Aug 9, 2018 $86.70 678657 3452 GRAYBAR ELECTRIC COMPANY Aug 9, 2018 $228.35 678658 24247 GREGS PETROLEUM SERVICES INC Aug 9, 2018 $1,705.34 678659 3593 HALL LETTER SHOP Aug 9, 2018 $729.84 678660 3660 HARBOR FREIGHT TOOLS Aug 9, 2018 $20.34 678661 29760 HAYMOND, KEVIN Aug 9, 2018 $84.00 678662 19201 HERNANDEZ, THOMAS Aug 9, 2018 $0.00 678663 29747 IBARRA, RAY Aug 9, 2018 $84.00 678664 20492 JACKSON, PETE Aug 9, 2018 $235.00 678665 848 JEFFRIES BROS INC Aug 9, 2018 $1,289.75 678666 28363 JEFFRIES, RONNIE Aug 9, 2018 $289.00 678667 4243 JORGENSEN & CO Aug 9, 2018 $62.42 678668 28989 K & I SERVICES INC Aug 9, 2018 $8,344.00 678669 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Aug 9, 2018 $346.58 678670 28167 KARNS, KRISTOPHER Aug 9, 2018 $50.00 678671 29938 KC STEAKHOUSE INC Aug 9, 2018 $965.25 678672 17288 KERN COUNTY ENVIRONMENTAL Aug 9, 2018 $200.00 678673 4500 KERN COUNTY FIRE DEPARTMENT Aug 9, 2018 $28,821.10 678674 4573 KERN COUNTY WATER AGENCY Aug 9, 2018 $51,466.45 678675 4581 KERN ELECTRIC DISTRIBUTORS Aug 9, 2018 $40,889.48 678676 7492 KERN MACHINERY INC Aug 9, 2018 $206.41 678677 4677 KERN REFUSE DISPOSAL, INC Aug 9, 2018 $1,433,930.60 678678 4680 KERN RIVER POWER EQUIPMENT INC Aug 9, 2018 $108.75 678679 23434 KINNEY, STEVEN P Aug 9, 2018 $1,280.00 678680 4861 KISCO SALES INC Aug 9, 2018 $61.73 678681 4277 KME FIRE APPARATUS Aug 9, 2018 $663.11 678682 29916 KONARK SOFTWARE SOLUTIONS LLC Aug 9, 2018 $5,326.44 678683 14219 L A GRINDING INC Aug 9, 2018 $45.00 678684 22408 LEHR AUTO ELECTRIC Aug 9, 2018 $1,012.83 678685 28755 LEVEL 3 COMMUNICATIONS LLC Aug 9, 2018 $1,351.10 678686 29813 LEW EDWARDS GROUP, THE Aug 9, 2018 $6,000.00 678687 24004 LEWIS TOWING 2 INC Aug 9, 2018 $130.00 678688 5133 LOOP ELECTRIC INC Aug 9, 2018 $5,400.00 678689 29749 LOPEZ, MICHAEL Aug 9, 2018 $84.00 678690 12095 MADDEN, CLAYTON Aug 9, 2018 $289.00 678691 26124 MARANATHA LANDSCAPE INC Aug 9, 2018 $875.00 678692 5328 MCCAIN TRAFFIC SUPPLY Aug 9, 2018 $5,996.63 678693 5370 MCLELLAN INDUSTRIES INC Aug 9, 2018 $143.80 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678694 28676 MCNABB, KYLE Aug 9, 2018 $289.00 678695 23496 MCWILLIAMS & WALDEN INC Aug 9, 2018 $2,329.91 678696 1316 MICHELIN NORTH AMERICA INC Aug 9, 2018 $6,013.99 678697 25111 MIWALL CORPORATION Aug 9, 2018 $25,740.00 678698 28444 MONTGOMERY, JAMES Aug 9, 2018 $1,364.00 678699 5687 MOTOR CITY SALES & SERVICE Aug 9, 2018 $1,294.92 678700 29249 MOTOR VEHICLE NETWORK Aug 9, 2018 $812.00 678701 29828 MT POSO COGENERATION COMPANY LLC Aug 9, 2018 $1,200.00 678702 5870 NB SALES & SERVICES Aug 9, 2018 $492.60 678703 20361 NOSSAMAN LLP Aug 9, 2018 $44,342.61 678704 29773 NUNEZ, FERNANDO Aug 9, 2018 $84.00 678705 24279 O'REILLYAUTO PARTS Aug 9, 2018 $1,040.49 678706 264 OFFICE DEPOT BUSINESS SERVICES Aug 9, 2018 $79.67 678707 29941 OROZCO, JAIME Aug 9, 2018 $289.00 678708 6030 ORTIZ, TIM Aug 9, 2018 $154.00 678709 14515 OXLEY'S PEST CONTROL INC Aug 9, 2018 $95.00 678710 13209 PARKHOUSE TIRE INC Aug 9, 2018 $346.37 678711 20828 PARSONS TRANSPORTATION GROUP INC Aug 9, 2018 $33,795.83 678712 24029 PAYLESS TOWING Aug 9, 2018 $140.00 678713 11272 PEOPLE FACTS LLC Aug 9, 2018 $16.67 678714 25424 PET WASTE ELIMINATOR Aug 9, 2018 $1,673.99 678715 6357 PICKUP SALVAGE COMPANY Aug 9, 2018 $107.26 678716 29637 PINNACLE PETROLEUM INC Aug 9, 2018 $50,105.09 678717 6376 PIONEER PAINT Aug 9, 2018 $2,817.79 678718 27911 PORTERVILLE FORD Aug 9, 2018 $327.81 678719 178 PRAXAIR DISTRIBUTION INC Aug 9, 2018 $243.44 678720 28567 PRESORT CENTER OF FRESNO LLC Aug 9, 2018 $310.58 678721 29889 PRIVATIZER TECHNOLOGIES LLC Aug 9, 2018 $2,330.00 678722 25313 R & A UPHOLSTERY Aug 9, 2018 $540.00 678723 17741 RAMIREZ, JOHNNY Aug 9, 2018 $320.00 678724 29939 RAMIREZ, JOSE H Aug 9, 2018 $473.52 678725 23574 RAVE MOBILE SAFETY Aug 9, 2018 $4,395.00 678726 6680 RAY ALLEN MANUFACTURING CO, IN Aug 9, 2018 $1,259.99 678727 6682 RAYMONDS TROPHY AND AWARDS Aug 9, 2018 $28.80 678728 29257 RIVERA, FRANCISCO Aug 9, 2018 $252.00 678729 29099 ROTATIONAL MOLDING INC Aug 9, 2018 $41,878.98 678730 29931 SANDOVAL, ANGEL ESPINOZA Aug 9, 2018 $84.00 678731 7133 SC COMMUNICATIONS INC Aug 9, 2018 $39,998.28 678732 28269 SCHAEFFERS SPECIALIZED LUBRICANTS Aug 9, 2018 $2,056.89 678733 21489 SCP DISTRIBUTORS LLC Aug 9, 2018 $13,919.55 678734 22839 SECURITY PAVING CO, INC Aug 9, 2018 $191,654.48 678735 11090 SHERWIN WILLIAMS COMPANY Aug 9, 2018 $205.30 678736 20978 SIEMENS INDUSTRY INC Aug 9, 2018 $2,262.97 678737 26203 SIERRA CONST & EXCAVATION INC Aug 9, 2018 $28,394.48 678738 29322 SITEONE LANDSCAPE SUPPLY HOLDING Aug 9, 2018 $51.47 678739 28823 SKYLINE SAFETY AND SUPPLY Aug 9, 2018 $341.73 678740 7434 SMART & FINAL IRIS COMPANY Aug 9, 2018 $1,209.14 678741 7459 SNIDER'S INC Aug 9, 2018 $42.90 678742 23456 SORENSON,VERNON MD INC Aug 9, 2018 $1,984.42 678743 18357 SOUTHWEST VETERINARY HOSPITAL Aug 9, 2018 $2,387.24 678744 11907 SPARKLETTS/SIERRA SPRINGS Aug 9, 2018 $343.13 678745 25502 SPARTAN TRUCK CO INC Aug 9, 2018 $854.46 678746 12102 SPORER, KENNETH Aug 9, 2018 $256.00 678747 7609 SPRINT Aug 9, 2018 $120.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET PG 73 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678748 29700 STEVEN OAKLEAF CONST & CLEANUP Aug 9, 2018 $165.00 678749 7693 STOCKDALE TILE INC Aug 9, 2018 $40.86 678750 29458 SUPERION, LLC Aug 9, 2018 $326.96 678751 28496 SUPPLYWORKS Aug 9, 2018 $4,828.13 678752 28163 SWITZER, PHILIP Aug 9, 2018 $168.00 678753 28832 T -MOBILE USA Aug 9, 2018 $661.00 678754 29709 TALLEY, KEVIN Aug 9, 2018 $600.00 678755 25338 TEN EIGHT TOW INC Aug 9, 2018 $105.00 678756 14693 THE LIFEGUARD STORE Aug 9, 2018 $151.20 678757 739 THE LIGHTHOUSE INC Aug 9, 2018 $226.07 678758 7999 THREE-WAY CHEVROLET Aug 9, 2018 $24,303.78 678759 22218 TOPETE, LUIS Aug 9, 2018 $153.00 678760 21369 TRANS -WEST SECURITY INC Aug 9, 2018 $5,624.72 678761 20359 TURF STAR INC Aug 9, 2018 $461.39 678762 96 TYACK TIRES INC Aug 9, 2018 $7,681.03 678763 8319 UNITED PARCEL SERVICE Aug 9, 2018 $6.22 678764 13920 UNITED SITE SERVICES OF CA INC Aug 9, 2018 $719.61 678765 8520 VALLEY POWER SYSTEMS, INC Aug 9, 2018 $362.47 678766 29744 VALVERDE, MICHAEL Aug 9, 2018 $84.00 678767 29940 VAZQUEZ, LORENA Aug 9, 2018 $289.00 678768 29864 VU, NICHOLAS Aug 9, 2018 $225.00 678769 5158 W M LYLES COMPANY Aug 9, 2018 $2,109,643.15 678770 26447 WESTCOAST HYDRAULICS Aug 9, 2018 $65.80 678771 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 9, 2018 $112.38 678772 26336 WHITE, GARY Aug 9, 2018 $84.00 678773 20165 WILLDAN ENGINEERING Aug 9, 2018 $950.00 678774 9244 ZEP MANUFACTURING COMPANY Aug 9, 2018 $337.70 678775 25815 1 800 RADIATOR & A/C INC Aug 9, 2018 $122.26 678776 537 AT&T Aug 9, 2018 $14,821.14 678781 78 ADVANCED DISTRIBUTION CO Aug 9, 2018 $35,729.81 678783 8530 AMERIPRIDE UNIFORM SERVICES Aug 9, 2018 $1,295.78 678784 17568 C A P E ACCOUNTING Aug 9, 2018 $135.00 678785 29195 CALIFORNIA STATE UNIV-STANISLAUS Aug 9, 2018 $4,511.69 678786 29195 CALIFORNIA STATE UNIV-STANISLAUS Aug 9, 2018 $3,138.57 678789 1696 CALIFORNIA WATER SERVICE Aug 9, 2018 $91,635.97 678790 11937 CITY OF BAKERSFIELD Aug 9, 2018 $726.23 678791 17023 CITY OF BAKERSFIELD Aug 9, 2018 $12,050.00 678792 11937 CITY OF BAKERSFIELD Aug 9, 2018 $144,242.89 678793 2714 EAST NILES COMMUNITY SERVICES Aug 9, 2018 $1,741.85 678794 2714 EAST NILES COMMUNITY SERVICES Aug 9, 2018 $483.07 678795 25786 G S E CONSTRUCTION CO INC Aug 9, 2018 $454,478.18 678797 3403 GOLDEN STATE PETERBILT Aug 9, 2018 $2,975.17 678801 3427 GRAINGER INC, W W Aug 9, 2018 $8,114.29 678802 29877 GUSMAN, TODD Aug 9, 2018 $9,000.00 678806 7933 HOME DEPOT Aug 9, 2018 $6,392.50 678807 147 JIM ALFTER CEMENT CONTRACTOR Aug 9, 2018 $300,315.44 678812 4740 KERN TURF SUPPLY Aug 9, 2018 $8,207.18 678816 15624 LOWE'S HOME IMPROVEMENT Aug 9, 2018 $5,192.33 678817 12273 NATIONAL NOTARY ASSOCIATION Aug 9, 2018 $102.00 678818 28991 NISH-KO INC Aug 9, 2018 $328,500.00 678819 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 9, 2018 $4,163.14 678820 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 9, 2018 $61,598.76 678821 28567 PRESORT CENTER OF FRESNO LLC Aug 9, 2018 $12,000.00 678822 25787 SCOTT VALLEY BANK Aug 9, 2018 $23,919.91 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678823 7096 SJVAPCD Aug 9, 2018 $83.00 678824 7509 SOCALGAS Aug 9, 2018 $284.88 678827 22473 SOILS ENGINEERING INC Aug 9, 2018 $34,450.00 678828 7508 SOUTHERN CALIFORNIA EDISON CO. Aug 9, 2018 $563.95 678829 11709 STATE OF CALIFORNIA Aug 9, 2018 $115.00 678830 20601 VERIZON WIRELESS Aug 9, 2018 $25.02 678831 20601 VERIZON WIRELESS Aug 9, 2018 $693.66 678832 20601 VERIZON WIRELESS Aug 9, 2018 $1,637.10 678833 20601 VERIZON WIRELESS Aug 9, 2018 $25.02 678834 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $45.66 678835 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $851.60 678836 1884 CHAIN COHN STILES Aug 10, 2018 $275.00 678837 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $24.99 678838 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $11.74 678839 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $94.12 678840 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $2,275.62 678841 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $12.28 678842 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $26.76 678843 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $173.51 678844 25660 HORIZON WATER & ENVIRONMENT LLC Aug 10, 2018 $9,925.20 678845 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $58.06 678846 10037 MISCELLANEOUS TRUST VENDOR Aug 10, 2018 $76.00 678847 4435 KERN COUNTY CLERKS Aug 10, 2018 $150.00 678848 29364 KERN GROUNDWATER AUTHORITY Aug 10, 2018 $9,683.76 678849 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $26.02 678850 10037 MISCELLANEOUS TRUST VENDOR Aug 10, 2018 $53.00 678851 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $18.21 678852 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $102.37 678853 70056 MCINTOSH & ASSOCIATES Aug 10, 2018 $1,000.00 678854 10037 MISCELLANEOUS TRUST VENDOR Aug 10, 2018 $208.29 678855 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $21.52 678856 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $789.76 678857 28366 MINOR, TYLER Aug 10, 2018 $219.05 678858 22464 MUNISERVICES Aug 10, 2018 $30,743.57 678859 29655 P &A ADMINISTRATION SERVICES INC Aug 10, 2018 $2,583.00 678860 29655 P &A ADMINISTRATION SERVICES INC Aug 10, 2018 $2,826.69 678861 29655 P &A ADMINISTRATION SERVICES INC Aug 10, 2018 $2,226.20 678862 29655 P &A ADMINISTRATION SERVICES INC Aug 10, 2018 $153.55 678863 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $2,763.00 678864 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $100.35 678865 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $834.22 678866 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $67.25 678867 10037 MISCELLANEOUS TRUST VENDOR Aug 10, 2018 $308.00 678868 29088 TODD GROUNDWATER Aug 10, 2018 $109,721.30 678869 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $42.81 678870 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $144.48 678871 28488 WOOD, VICTORIA Aug 10, 2018 $304.85 678872 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $184.05 678873 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $7,507.91 678874 10047 MISC RECEIVABLE REFUND VENDOR Aug 10, 2018 $71.84 678877 10623 CALIFORNIA DEPARTMENT OF TAX AND Aug 10, 2018 $2,727.00 678878 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 10, 2018 $90,371.04 678879 10204 ASSOCIATION BKFD POLICE OFFICER FCU Aug 10, 2018 $14,548.95 678880 10211 BAKERSFIELD FIREMEN Aug 10, 2018 $9,507.12 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678881 10200 BAKERSFIELD FIREMEN RELIEF ASS Aug 10, 2018 $8,210.58 678882 10203 BAKERSFIELD POLICE BENEFIT Aug 10, 2018 $25,728.28 678883 10205 MUTUAL BENEFIT ASSOCIATION Aug 10, 2018 $2,103.37 678884 26810 RELIASTAR LIFE INSURANCE CO Aug 10, 2018 $1,811.59 678885 22324 SEIU LOCAL 521 Aug 10, 2018 $14,891.83 678886 22346 ABACUS I M T INC Aug 16, 2018 $621.90 678887 28764 ABM ONSITE SERVICE - WEST INC Aug 16, 2018 $769.59 678888 28831 ADVANCED INDUSTRIAL SERVICES Aug 16, 2018 $10,309.12 678889 160 ALL THAT LETTERING SIGN COMPNY Aug 16, 2018 $552.96 678890 29445 ALPINE CHRISTMAS TREE LLC Aug 16, 2018 $1,684.00 678891 23588 ALUMINUM CHUCK WAGON Aug 16, 2018 $3,827.69 678892 212 AMERICAN DATAVAULT INC Aug 16, 2018 $524.60 678893 27366 AMERICAN MESSAGING Aug 16, 2018 $198.54 678894 347 AMREP INC Aug 16, 2018 $801.31 678895 18201 ANIMAL EMERGENCY & URGENT CARE INC Aug 16, 2018 $40.00 678896 22588 ARROWHEAD FORENSICS Aug 16, 2018 $720.46 678897 523 ATCO INTERNATIONAL Aug 16, 2018 $157.70 678898 536 AVERY ASSOCIATES Aug 16, 2018 $3,150.00 678899 25940 BACA, ANTHONY Aug 16, 2018 $336.00 678900 675 BAKERSFIELD CALIFORNIAN Aug 16, 2018 $534.62 678901 18846 BAKERSFIELD CHRYSLER JEEP MAZDA Aug 16, 2018 $135.00 678902 618 BAKERSFIELD PLASTICS INC Aug 16, 2018 $273.49 678903 818 BAKERSFIELD POLICE RESERVES Aug 16, 2018 $2,303.60 678904 875 BAKERSFIELD TRUCK CENTER Aug 16, 2018 $227.26 678905 28365 BALTIC NETWORKS USA Aug 16, 2018 $1,440.03 678906 26027 BANKS & CO CAR WASH SYSTEMS INC Aug 16, 2018 $169.81 678907 13424 BARNES WELDING SUPPLY Aug 16, 2018 $958.71 678908 29350 BEST SMOG & TUNE UP Aug 16, 2018 $59.75 678909 28231 BIG BRAND TIRE & SERVICE Aug 16, 2018 $120.00 678910 25861 BIKE BAKERSFIELD Aug 16, 2018 $9,994.79 678911 23444 BILLINGSLEY, MATTHEW Aug 16, 2018 $241.00 678912 29944 BJI LLC Aug 16, 2018 $134.05 678913 21172 BLACKHOLE TECHNOLOGIES INC Aug 16, 2018 $2,182.94 678914 16120 BORDEN, CHRIS Aug 16, 2018 $85.00 678915 22817 BORN AGAIN BODYWORKS Aug 16, 2018 $926.31 678916 1249 BRANDCO Aug 16, 2018 $85.73 678917 19303 BRIGHT HOUSE NETWORKS Aug 16, 2018 $172.19 678918 24464 BROWN, CLAUDE Aug 16, 2018 $252.00 678919 16565 BTE COMMUNICATIONS Aug 16, 2018 $199.99 678920 10267 BUDGET BOLT INC Aug 16, 2018 $497.91 678921 27941 CAL PRIME INC Aug 16, 2018 $151,448.80 678922 1477 CAL VALLEY EQUIPMENT INC Aug 16, 2018 $220.00 678923 26499 CALISTRO, MIGUIEL Aug 16, 2018 $210.42 678924 22658 CDW GOVERNMENT Aug 16, 2018 $4,051.04 678925 29834 CEIA USA LTD Aug 16, 2018 $57,915.00 678926 27074 CEN -CAL CONSTRUCTION INC Aug 16, 2018 $48,229.18 678927 17239 CENTRAL VALLEY OCCUPATIONAL INC Aug 16, 2018 $2,738.00 678928 1888 CHAMPION HARDWARE Aug 16, 2018 $180.10 678929 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 16, 2018 $859.83 678930 26744 CHICAGO TITLE CO Aug 16, 2018 $500.00 678931 29192 CHRISOS TREE TRIMMING Aug 16, 2018 $2,485.00 678932 28780 CLEAN CUT LANDSCAPE MGMT INC Aug 16, 2018 $2,570.00 678933 11167 COLES ENVIRONMENTAL Aug 16, 2018 $850.00 678934 27509 CONTRERAS, ANGEL Aug 16, 2018 $252.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678935 10285 CRIDER CONSTRUCTION INC Aug 16, 2018 $9,534.17 678936 27839 CRITTERS WITHOUT LITTERS Aug 16, 2018 $2,960.00 678937 2253 CULLIGAN WATER CONDITIONING Aug 16, 2018 $51.30 678938 4140 DAVID JANES COMPANY Aug 16, 2018 $100.49 678939 25962 DEFINITI COMP SOLUTIONS Aug 16, 2018 $45.28 678940 2442 DELANEY & AHLF DIESEL SERVICE INC Aug 16, 2018 $6,144.42 678941 11271 DEPARTMENT OF TRANSPORTATION Aug 16, 2018 $14,105.15 678942 29066 DEPRIGO INC Aug 16, 2018 $100.55 678943 29256 DEWITZ, JEFF Aug 16, 2018 $84.00 678944 25742 DISCOUNT RADIATOR CENTER Aug 16, 2018 $129.49 678945 2726 ECONOLITE CONTROL PRODUCTS INC Aug 16, 2018 $13,371.93 678946 29032 EDISON AGRICULTURE SERVICES INC Aug 16, 2018 $3,246.00 678947 29111 ENVIROTEK CORPORATION Aug 16, 2018 $2,207.92 678948 16624 FASTENAL COMPANY Aug 16, 2018 $42.20 678949 2901 FEDEX Aug 16, 2018 $178.47 678950 28511 FIRST ADVANTAGE BACKGROUND Aug 16, 2018 $33.60 678951 19657 FIRST CHOICE SERVICES INC Aug 16, 2018 $211.44 678952 25339 FLEET SERVICES TOWING INC Aug 16, 2018 $70.00 678953 29666 FLORES, OMAR D JR Aug 16, 2018 $167.00 678954 27788 FLOW N CONTROL INC Aug 16, 2018 $4,592.41 678955 3028 FLOYDS GENERAL STORE Aug 16, 2018 $64.30 678956 22966 FORENSIC NURSE SPECIALISTS INC Aug 16, 2018 $10,250.00 678957 29238 FOX, PERRY Aug 16, 2018 $84.00 678958 25786 G S E CONSTRUCTION CO INC Aug 16, 2018 $69,067.93 678959 19119 GARVEY EQUIPMENT CO INC Aug 16, 2018 $1,605.12 678960 28064 GENERAL TREE SERVICE INC Aug 16, 2018 $11,265.00 678961 27215 GEXPRO AUTOMATION SOLUTIONS Aug 16, 2018 $15,548.64 678962 17350 GHA TECHNOLOGIES INC Aug 16, 2018 $2,587.12 678963 29376 GLENN, STEVEN Aug 16, 2018 $1,998.00 678964 3427 GRAINGER INC, W W Aug 16, 2018 $1,408.44 678965 3452 GRAYBAR ELECTRIC COMPANY Aug 16, 2018 $302.85 678966 3466 GREATER BAKERSFIELD CHAMBER OF Aug 16, 2018 $750.00 678967 24247 GREGS PETROLEUM SERVICES INC Aug 16, 2018 $3,881.59 678968 24693 GRUBBS, JOSH Aug 16, 2018 $126.00 678969 24139 GUTIERREZ TIRE & WHEEL INC Aug 16, 2018 $651.83 678970 3593 HALL LETTER SHOP Aug 16, 2018 $214.50 678971 3660 HARBOR FREIGHT TOOLS Aug 16, 2018 $53.57 678972 10828 HDL COREN & CONE INC Aug 16, 2018 $645.00 678973 17535 HERRERA, ISRAEL Aug 16, 2018 $90.00 678974 7933 HOME DEPOT Aug 16, 2018 $1,962.93 678975 18263 HUB CONSTRUCTION SPECIALTIES INC Aug 16, 2018 $80.44 678976 29894 HUMAN SOLUTION Aug 16, 2018 $655.00 678977 29747 IBARRA, RAY Aug 16, 2018 $252.00 678978 27898 IES ENGINEERING Aug 16, 2018 $300.00 678979 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Aug 16, 2018 $1,173.75 678980 70390 IPC USA INC Aug 16, 2018 $8,703.50 678981 28989 K & I SERVICES INC Aug 16, 2018 $7,897.00 678982 19554 K & R TOWING Aug 16, 2018 $880.00 678983 18870 KENNETH D SCHMIDT AND ASSOCIATES Aug 16, 2018 $10,435.85 678984 4529 KERN COUNTY PUBLIC WORKS Aug 16, 2018 $131,352.88 678985 19570 KERN COUNTY RECORDER Aug 16, 2018 $42.50 678986 4439 KERN COUNTY WASTE MANAGEMENT Aug 16, 2018 $100,523.91 678987 4577 KERN DELTA WATER DIST Aug 16, 2018 $7,956.95 678988 4581 KERN ELECTRIC DISTRIBUTORS Aug 16, 2018 $885.89 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET PG 77 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 678989 7492 KERN MACHINERY INC Aug 16, 2018 $1,308.33 678990 26248 KERN PRINT SERVICES INC Aug 16, 2018 $510.87 678991 4677 KERN REFUSE DISPOSAL, INC Aug 16, 2018 $5,650.00 678992 4680 KERN RIVER POWER EQUIPMENT INC Aug 16, 2018 $522.56 678993 4701 KERN SPRINKLER LANDSCAPING INC Aug 16, 2018 $7,483.39 678994 4740 KERN TURF SUPPLY Aug 16, 2018 $799.73 678995 20757 KERNDATA.COM Aug 16, 2018 $5,951.00 678996 4861 KISCO SALES INC Aug 16, 2018 $226.12 678997 4277 KME FIRE APPARATUS Aug 16, 2018 $2,024.81 678998 24378 KNOWLEDGE FRONT Aug 16, 2018 $360.00 678999 26294 KRONOS INCORPORATED Aug 16, 2018 $180.00 679000 14219 L A GRINDING INC Aug 16, 2018 $45.00 679001 22408 LEHR AUTO ELECTRIC Aug 16, 2018 $1,836.80 679002 25044 LEXISNEXIS RISK SOLUTIONS INC Aug 16, 2018 $758.85 679003 12177 LIFESIGNS INC Aug 16, 2018 $150.00 679004 15624 LOWE'S HOME IMPROVEMENT Aug 16, 2018 $648.32 679005 18492 M & S SECURITY SERVICES Aug 16, 2018 $1,296.00 679006 12095 MADDEN, CLAYTON Aug 16, 2018 $89.00 679007 19334 MALDONADO, DANIEL R Aug 16, 2018 $167.00 679008 25274 MARTIN & SONS UPHOLSTERY Aug 16, 2018 $485.00 679009 5333 MCCORMICK, TERESA A Aug 16, 2018 $100.66 679010 23496 MCWILLIAMS & WALDEN INC Aug 16, 2018 $105.00 679011 29767 MCWILLIAMS, AARON Aug 16, 2018 $116.00 679012 28760 MEDIWASTE DISPOSAL LLC Aug 16, 2018 $114.00 679013 28885 MEDORA CORPORATION Aug 16, 2018 $9,482.00 679014 25190 MEMORIAL OCCUPATIONAL MEDICINE Aug 16, 2018 $315.00 679015 7064 MERCHANTS PRINTING & ENVELOPE Aug 16, 2018 $139.42 679016 18520 METROPOLITAN RECYCLING LLC Aug 16, 2018 $7,309.52 679017 19252 MEYER CIVIL ENGINEERING INC Aug 16, 2018 $26,179.85 679018 24077 MICHEL AUTO TECH Aug 16, 2018 $1,028.38 679019 1316 MICHELIN NORTH AMERICA INC Aug 16, 2018 $5,584.73 679020 27634 MID VALLEY PUBLISHING Aug 16, 2018 $288.00 679021 5547 MINUTEMAN PRESS Aug 16, 2018 $770.59 679022 28439 MISAC Aug 16, 2018 $1,000.00 679023 20733 MOBILE AG & INDUSTRIAL SUPPLY INC Aug 16, 2018 $551.56 679024 26625 MOORE, MALCOLM Aug 16, 2018 $85.00 679025 18659 MORPHIS, SEAN Aug 16, 2018 $225.00 679026 5688 MOTION INDUSTRIES INC Aug 16, 2018 $1,046.89 679027 5687 MOTOR CITY SALES & SERVICE Aug 16, 2018 $122.65 679028 5790 MUXLOW CONSTRUCTION Aug 16, 2018 $3,285.00 679029 29773 NUNEZ, FERNANDO Aug 16, 2018 $84.00 679030 24279 O'REILLYAUTO PARTS Aug 16, 2018 $224.66 679031 10361 OPEN & SHUT ENTERPRISES Aug 16, 2018 $85.00 679032 6448 P T O SALES CORP / TRUCKPRO LLC Aug 16, 2018 $340.51 679033 13209 PARKHOUSE TIRE INC Aug 16, 2018 $2,775.77 679034 29336 PATRICK, MATTHEW Aug 16, 2018 $607.50 679035 25270 PENINSULA MESSENGER INC Aug 16, 2018 $449.99 679036 6263 PENSINGER TRAILER RENTALS Aug 16, 2018 $1,779.93 679037 29384 PETERSON PACIFIC CORPORATION Aug 16, 2018 $19,515.17 679038 6357 PICKUP SALVAGE COMPANY Aug 16, 2018 $911.63 679039 29637 PINNACLE PETROLEUM INC Aug 16, 2018 $25,939.19 679040 27911 PORTERVILLE FORD Aug 16, 2018 $1,093.12 679041 28567 PRESORT CENTER OF FRESNO LLC Aug 16, 2018 $194.85 679042 29358 PYRAMID BUILDING & ENGINEERING INC Aug 16, 2018 $53,758.62 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679043 25313 R & A UPHOLSTERY Aug 16, 2018 $430.00 679044 20713 RANDY'S TOWING Aug 16, 2018 $673.75 679045 3249 RAY GASKIN SERVICE INC Aug 16, 2018 $2,631.92 679046 6682 RAYMONDS TROPHY AND AWARDS Aug 16, 2018 $227.48 679047 28480 READY REFRESH Aug 16, 2018 $732.31 679048 6727 REFRIGERATION SUPPLIES DIST. INC Aug 16, 2018 $61.48 679049 26829 RIG RUNNER Aug 16, 2018 $572.00 679050 29257 RIVERA, FRANCISCO Aug 16, 2018 $168.00 679051 6915 ROUND -UP FEED AND PET SUPPLY Aug 16, 2018 $129.75 679052 29931 SANDOVAL, ANGEL ESPINOZA Aug 16, 2018 $168.00 679053 25220 SANDYS COMMUNICATIONS Aug 16, 2018 $6,735.30 679054 7133 SC COMMUNICATIONS INC Aug 16, 2018 $2,522.63 679055 25787 SCOTT VALLEY BANK Aug 16, 2018 $3,635.15 679056 22839 SECURITY PAVING CO, INC Aug 16, 2018 $1,441,553.65 679057 26693 SIGN WAREHOUSE Aug 16, 2018 $2,124.02 679058 7413 SIRCHIE FINGER PRINT LABORATORIES Aug 16, 2018 $1,639.64 679059 29322 SITEONE LANDSCAPE SUPPLY HOLDING Aug 16, 2018 $41.14 679060 18005 SLATER PLUMBING & MECHANICAL Aug 16, 2018 $4,110.84 679061 7434 SMART & FINAL IRIS COMPANY Aug 16, 2018 $381.67 679062 18507 SNAP-ON INDUSTRIAL Aug 16, 2018 $179.76 679063 11566 SOIL CONTROL LAB INC Aug 16, 2018 $1,936.00 679064 29897 SOLUTIONS Aug 16, 2018 $3,569.38 679065 23456 SORENSON,VERNON MD INC Aug 16, 2018 $1,554.00 679066 22620 SOUTHWEST LIFT & EQUIPMENT INC Aug 16, 2018 $567.00 679067 7586 SPECIALTY TRIM & AWNING INC Aug 16, 2018 $364.65 679068 16685 STIERN VETERINARY HOSPITAL Aug 16, 2018 $127.64 679069 29582 STOCKBRIDGE GENERAL CONTRACTING Aug 16, 2018 $217,763.72 679070 28496 SUPPLYWORKS Aug 16, 2018 $3,188.83 679071 29758 SW CONSTRUCTION Aug 16, 2018 $61,574.54 679072 28163 SWITZER, PHILIP Aug 16, 2018 $168.00 679073 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Aug 16, 2018 $37.54 679074 27973 TEMPEST INTERACTIVE MEDIA LLC Aug 16, 2018 $200.00 679075 25338 TEN EIGHT TOW INC Aug 16, 2018 $35.00 679076 17153 TERMINIX INTERNATIONAL INC Aug 16, 2018 $395.00 679077 19961 THE HON COMPANY -C/O STINSONS Aug 16, 2018 $33,172.04 679078 7999 THREE-WAY CHEVROLET Aug 16, 2018 $846.25 679079 29937 TI TRAINING LE, LLC Aug 16, 2018 $1,000.00 679080 18773 TRANE COMPANY INC Aug 16, 2018 $983.75 679081 29820 TRUESDELL CORPORATION OF CALIFORNIA Aug 16, 2018 $861,903.56 679082 20359 TURF STAR INC Aug 16, 2018 $461.39 679083 245 TURK'S KERN COPY INC Aug 16, 2018 $889.70 679085 96 TYACK TIRES INC Aug 16, 2018 $1,678.37 679086 15212 U.S. BEHAVIORAL HEALTH PLAN Aug 16, 2018 $1,142.68 679087 27786 UNION BANK TRUST DEPT -FEES Aug 16, 2018 $875.00 679088 8319 UNITED PARCEL SERVICE Aug 16, 2018 $68.94 679089 26780 UNIVERSAL BACKGROUND SCREENING INC Aug 16, 2018 $311.95 679090 29879 UTILITY COMMUNICATIONS INC Aug 16, 2018 $2,419.75 679091 8520 VALLEY POWER SYSTEMS, INC Aug 16, 2018 $2,286.23 679092 26060 VANGUARD CLEANING SYSTEMS INC Aug 16, 2018 $466.75 679093 29784 VARIDESK LLC Aug 16, 2018 $2,538.62 679094 16550 VERIZON WIRELESS-LERT B Aug 16, 2018 $50.00 679095 5158 W M LYLES COMPANY Aug 16, 2018 $600.00 679096 28739 WESTAIR GASES & EQUIPMENT INC Aug 16, 2018 $78.88 679097 26447 WESTCOAST HYDRAULICS Aug 16, 2018 $243.28 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679098 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 16, 2018 $246.30 679099 26336 WHITE, GARY Aug 16, 2018 $84.00 679100 28563 WILSONS INDUSTRIAL PUMP Aug 16, 2018 $1,754.34 679101 27495 WISE ELECTRIC & COMMUNICATIONS INC Aug 16, 2018 $1,194.90 679102 9244 ZEP MANUFACTURING COMPANY Aug 16, 2018 $321.11 679103 25879 ZOOM IMAGING SOLUTIONS, INC. Aug 16, 2018 $836.24 679104 28854 3C PAYMENT (USA) CORP Aug 16, 2018 $100.00 679105 6129 AT&T Aug 16, 2018 $210.60 679106 18484 AT&T Aug 16, 2018 $8,574.61 679109 78 ADVANCED DISTRIBUTION CO Aug 16, 2018 $32,472.09 679110 12516 AIMS Aug 16, 2018 $1,824.50 679114 8530 AMERIPRIDE UNIFORM SERVICES Aug 16, 2018 $5,777.44 679115 13631 ARB/PERP Aug 16, 2018 $1,150.00 679116 15775 ASSOCIATION OF CALIF AIRPORTS Aug 16, 2018 $75.00 679117 10320 BAKERSFIELD HOMELESS CENTER Aug 16, 2018 $49,179.73 679118 24934 BANK OF AMERICA Aug 16, 2018 $616.71 679121 1696 CALIFORNIA WATER SERVICE Aug 16, 2018 $84,656.96 679122 10898 D M V RENEWAL Aug 16, 2018 $10.00 679123 10898 D M V RENEWAL Aug 16, 2018 $10.00 679124 10898 D M V RENEWAL Aug 16, 2018 $10.00 679125 12161 D O D CONSTRUCTION Aug 16, 2018 $69,883.43 679126 2714 EAST NILES COMMUNITY SERVICES Aug 16, 2018 $242.71 679127 12004 EMPLOYMENT DEVELOPMENT DEPARTMENT Aug 16, 2018 $31,426.00 679129 3403 GOLDEN STATE PETERBILT Aug 16, 2018 $11,866.97 679131 3488 GREENFIELD COUNTY WATER DIST Aug 16, 2018 $1,814.00 679132 3511 GRIFFITH COMPANY INC Aug 16, 2018 $684,155.79 679133 19201 HERNANDEZ, THOMAS Aug 16, 2018 $289.00 679134 3942 1 1 M C Aug 16, 2018 $100.00 679135 23431 INSITUFORM TECHNOLOGIES LLC Aug 16, 2018 $1,442,072.21 679136 29253 NIXON PEABODY LLP Aug 16, 2018 $2,352.10 679137 18230 OILDALE MUTUAL WATER COMPANY Aug 16, 2018 $44.59 679138 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 16, 2018 $5,542.82 679139 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 16, 2018 $862.50 679142 6376 PIONEER PAINT Aug 16, 2018 $8,012.73 679143 11709 STATE OF CALIFORNIA Aug 16, 2018 $115.00 679144 7640 STATE WATER RESOURCES CONTROL BOARD Aug 16, 2018 $902,554.98 679145 28585 SWRCB ACCOUNTING OFFICE Aug 16, 2018 $2,741.00 679147 10428 UNITED REFRIGERATION INC Aug 16, 2018 $733.60 679148 8611 VAUGHN WATER CO., INC. Aug 16, 2018 $8,971.49 679149 30002 MEDICAL EYE SERVICE COMPANY Aug 16, 2018 $5,101.03 679150 26810 RELIASTAR LIFE INSURANCE CO Aug 16, 2018 $3,745.08 679151 30027 U S BANK - PARS #6746022400 Aug 16, 2018 $9,026.99 679152 30029 UNITED CONCORDIA DENTAL PLANS OF CA Aug 16, 2018 $48,247.97 679153 30020 UNUM Aug 16, 2018 $5,051.94 679154 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $369.19 679155 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $24.00 679156 24395 CERDA CONCRETE SERVICES Aug 17, 2018 $832.00 679157 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $49.22 679158 70440 DAVARY, MEHDI Aug 17, 2018 $2,184.00 679159 12632 DERRELL'S MINI STORAGE Aug 17, 2018 $261,088.00 679160 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $49.20 679161 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $452.98 679162 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $47.55 679163 4435 KERN COUNTY CLERKS Aug 17, 2018 $300.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679164 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $324.59 679165 11090 SHERWIN WILLIAMS COMPANY Aug 17, 2018 $9,218.14 679166 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $53.75 679167 70439 STORM CONSTRUCTION INC Aug 17, 2018 $7,656.00 679168 8607 VARNER BROS INC Aug 17, 2018 $7,248.00 679169 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $122.32 679170 70031 WALLACE & SMITH CONTRACTORS Aug 17, 2018 $1,592.00 679171 70438 WILLEY, RYAN JAMES Aug 17, 2018 $2,933.00 679172 70152 WOODSIDE HOMES OF FRESNO Aug 17, 2018 $2,227.89 679173 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $30.44 679174 10047 MISC RECEIVABLE REFUND VENDOR Aug 17, 2018 $158.10 679175 1944 CHICAGO TITLE COMPANY INC Aug 17, 2018 $18,704.18 679176 19844 VAN WYK, MITCH Aug 17, 2018 $6,148.00 679177 28 A C ELECTRIC COMPANY Aug 23, 2018 $8,407.10 679178 28578 AAA QUALITY SERVICES INC Aug 23, 2018 $1,173.26 679179 25365 AECOM TECHNICAL SERVICES INC Aug 23, 2018 $203,262.13 679180 28011 AG EXPO MAGAZINE INC Aug 23, 2018 $500.00 679181 26886 AGERTON, ELIZABETH Aug 23, 2018 $118.00 679182 160 ALL THAT LETTERING SIGN COMPNY Aug 23, 2018 $315.00 679183 28688 ALLIED UNIVERSAL SECURITY SERVICES Aug 23, 2018 $6,669.27 679184 25863 ALLIED WEED CONTROL INC Aug 23, 2018 $3,750.00 679185 26297 ALVARADO, SAUL Aug 23, 2018 $103.00 679186 17585 AMERINATIONAL COMMUNITY SERV INC Aug 23, 2018 $1,061.80 679187 1049 APPLIED LNG TECHNOLOGIES LLC Aug 23, 2018 $26,840.28 679188 652 B A C S CO Aug 23, 2018 $1,005.04 679189 25940 BACA, ANTHONY Aug 23, 2018 $210.00 679190 29957 BADHESHA, NAVEJOT Aug 23, 2018 $118.00 679191 13544 BAKERSFIELD ARC Aug 23, 2018 $61.25 679192 675 BAKERSFIELD CALIFORNIAN Aug 23, 2018 $79.53 679193 10320 BAKERSFIELD HOMELESS CENTER Aug 23, 2018 $21,219.57 679194 13592 BAKERSFIELD IRRIGATION Aug 23, 2018 $434.81 679195 841 BAKERSFIELD RUBBER STAMP CO Aug 23, 2018 $69.23 679196 857 BAKERSFIELD S P C A Aug 23, 2018 $70,000.00 679197 28807 BALLARD, WILLIAM R Aug 23, 2018 $325.00 679198 557 BARC Aug 23, 2018 $613.50 679199 13424 BARNES WELDING SUPPLY Aug 23, 2018 $87.66 679200 26982 BESTWAY LAUNDRY SOLUTIONS Aug 23, 2018 $194.00 679201 28231 BIG BRAND TIRE & SERVICE Aug 23, 2018 $726.53 679202 23444 BILLINGSLEY, MATTHEW Aug 23, 2018 $289.02 679203 21172 BLACKHOLE TECHNOLOGIES INC Aug 23, 2018 $3,465.63 679204 15538 BOLLES NURSERY LANDSCAPE Aug 23, 2018 $1,700.49 679205 29453 BORDERLAN INC Aug 23, 2018 $144,304.88 679206 917 BOTACH TACTICAL Aug 23, 2018 $269.00 679207 1292 BROWN ARMSTRONG Aug 23, 2018 $1,800.00 679208 24464 BROWN, CLAUDE Aug 23, 2018 $126.00 679209 10267 BUDGET BOLT INC Aug 23, 2018 $643.02 679210 29802 BULLOCK, JACQUELINE Aug 23, 2018 $63.00 679211 22565 BURTCH CONSTRUCTION INC Aug 23, 2018 $84,264.16 679212 23090 BURTONS FIRE INC Aug 23, 2018 $1,768.04 679213 28453 CA SURVEYING & DRAFTING SUPPLY FRES Aug 23, 2018 $589.88 679214 27941 CAL PRIME INC Aug 23, 2018 $20,971.25 679215 1477 CAL VALLEY EQUIPMENT INC Aug 23, 2018 $589.46 679216 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Aug 23, 2018 $6,471.25 679217 1694 CALIFORNIA WATER SERVICE Aug 23, 2018 $23,998.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET PG 81 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679218 1695 CALIFORNIA WATER SERVICE CO Aug 23, 2018 $150,332.00 679219 1695 CALIFORNIA WATER SERVICE CO Aug 23, 2018 $611,587.99 679220 24940 CAMPBELL, CHRIS Aug 23, 2018 $103.00 679221 11466 CCAC - CITY CLEARKS ASSOC OF CALI Aug 23, 2018 $150.00 679222 27074 CEN -CAL CONSTRUCTION INC Aug 23, 2018 $44,443.60 679223 26638 CENTER FOR PUBLIC SAFETY INC Aug 23, 2018 $6,880.00 679224 1888 CHAMPION HARDWARE Aug 23, 2018 $906.84 679225 23786 CHART INDUSTRIES Aug 23, 2018 $652.87 679226 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 23, 2018 $48.80 679227 1941 CHEVRON U S A Aug 23, 2018 $1,937.81 679228 2016 CLARK PEST CONTROL INC Aug 23, 2018 $400.00 679229 18957 CLARK, ALEXANDER J. Aug 23, 2018 $103.00 679230 21220 CLEAN ENERGY INC Aug 23, 2018 $9,110.68 679231 29017 CLEAN WRIGHT SERVICE Aug 23, 2018 $617.00 679232 2050 CLIFFORD & BROWN Aug 23, 2018 $2,030.45 679233 21588 COCA-COLA REFRESHMENTS Aug 23, 2018 $1,543.95 679234 11167 COLES ENVIRONMENTAL Aug 23, 2018 $225.00 679235 25259 COMMERCIAL CLEANING SYSTEMS INC Aug 23, 2018 $4,505.00 679236 27509 CONTRERAS, ANGEL Aug 23, 2018 $189.00 679237 4433 COUNTY OF KERN ENVIRONMENTAL Aug 23, 2018 $10,810.46 679238 18931 CROSBY, TONI Aug 23, 2018 $53.00 679239 2253 CULLIGAN WATER CONDITIONING Aug 23, 2018 $180.00 679240 27218 CUMMINS PACIFIC LLC Aug 23, 2018 $664.78 679241 29531 DAVIS, BRANDON Aug 23, 2018 $625.00 679242 26895 DE LAGE LANDEN INC Aug 23, 2018 $594.32 679243 13970 DELL MARKETING L P Aug 23, 2018 $75,116.29 679244 2469 DEPARTMENT OF JUSTICE Aug 23, 2018 $160.00 679245 24854 DEWEY PEST CONTROL INC Aug 23, 2018 $290.00 679246 29256 DEWITZ, JEFF Aug 23, 2018 $63.00 679247 26925 DIAMOND HARDWOODS Aug 23, 2018 $143.96 679248 2577 DOKKEN ENGINEERING Aug 23, 2018 $3,206.28 679249 14723 DONNOE & ASSOCIATES INC Aug 23, 2018 $1,750.00 679250 10723 DOUGHERTY, JOSEPH Aug 23, 2018 $118.00 679251 2613 DOUGLASS TRUCK BODIES INC Aug 23, 2018 $2,160.34 679252 28574 DR RONALD OSTROM Aug 23, 2018 $1,000.00 679253 29859 DREGHAN DEFENSE LLC Aug 23, 2018 $1,876.88 679254 16511 EAN SERVICES LLC Aug 23, 2018 $4,398.93 679255 20062 ECOLINE INDUSTRIAL SUPPLY Aug 23, 2018 $2,482.84 679256 2769 EL POPULAR CALIFORNIA Aug 23, 2018 $472.00 679257 11861 ES ENGINEERING SERVICES INC Aug 23, 2018 $3,471.00 679258 12943 EVIDENT CRIME SCENE PRODUCTS Aug 23, 2018 $574.69 679259 29340 EZ LINER INDUSTRIES Aug 23, 2018 $236.67 679260 16624 FASTENAL COMPANY Aug 23, 2018 $3,280.89 679261 2901 FEDEX Aug 23, 2018 $199.78 679262 19657 FIRST CHOICE SERVICES INC Aug 23, 2018 $485.14 679263 27788 FLOW N CONTROL INC Aug 23, 2018 $3,382.66 679264 26311 FLOWERS, MARTY Aug 23, 2018 $84.00 679266 3028 FLOYDS GENERAL STORE Aug 23, 2018 $553.99 679267 29238 FOX, PERRY Aug 23, 2018 $63.00 679268 29953 FREEMAN, BRUCE Aug 23, 2018 $145.00 679269 28326 FUN EXPRESS Aug 23, 2018 $148.09 679270 308 GARDENERS SUPPLY INC Aug 23, 2018 $50.14 679271 29092 GEI CONSULTANTS INC Aug 23, 2018 $7,164.73 679272 28064 GENERAL TREE SERVICE INC Aug 23, 2018 $1,510.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679273 29137 GOH, KAREN Aug 23, 2018 $145.00 679274 3403 GOLDEN STATE PETERBILT Aug 23, 2018 $2,648.57 679275 29136 GONZALES, ANDRAE Aug 23, 2018 $145.00 679276 29946 GPS TRACKING & SAFETY LLC Aug 23, 2018 $1,041.81 679277 24247 GREGS PETROLEUM SERVICES INC Aug 23, 2018 $167.94 679278 24693 GRUBBS, JOSH Aug 23, 2018 $84.00 679279 24139 GUTIERREZ TIRE & WHEEL INC Aug 23, 2018 $6,005.75 679280 3569 H & S BODY WORKS & TOWING Aug 23, 2018 $7,379.17 679281 3571 H & S HOSE & SUPPLY INC Aug 23, 2018 $101.78 679282 29760 HAYMOND, KEVIN Aug 23, 2018 $84.00 679283 26518 HOLOPHANE INC Aug 23, 2018 $12,719.85 679284 18263 HUB CONSTRUCTION SPECIALTIES INC Aug 23, 2018 $154.05 679285 29747 IBARRA, RAY Aug 23, 2018 $63.00 679286 20621 ICF JONES & STOKES INC Aug 23, 2018 $18,105.00 679287 70390 IPC USA INC Aug 23, 2018 $27,740.29 679288 24099 J GARCIA TRUCKING INC Aug 23, 2018 $2,100.00 679289 19283 JAM SERVICES INC Aug 23, 2018 $600.60 679290 19121 JOHNSON CONTROLS Aug 23, 2018 $292.86 679291 28989 K & I SERVICES INC Aug 23, 2018 $5,513.00 679292 4500 KERN COUNTY FIRE DEPARTMENT Aug 23, 2018 $49,841.38 679293 19570 KERN COUNTY RECORDER Aug 23, 2018 $11.00 679294 7492 KERN MACHINERY INC Aug 23, 2018 $783.91 679295 4680 KERN RIVER POWER EQUIPMENT INC Aug 23, 2018 $646.02 679296 16161 KINCO CONSTRUCTION Aug 23, 2018 $2,269.96 679297 4861 KISCO SALES INC Aug 23, 2018 $574.43 679298 4277 KME FIRE APPARATUS Aug 23, 2018 $104.20 679299 1423 KUTAK ROCK LLP Aug 23, 2018 $1,801.00 679300 23743 LANDSCAPE DEVELOPMENT INC Aug 23, 2018 $875.00 679301 26599 LAW OFFICES OF YOUNG WOOLRIDGE Aug 23, 2018 $31,500.00 679302 16411 LOPEZ, TAMRA L Aug 23, 2018 $80.07 679303 22497 M & J HANDIMAN HENRY Aug 23, 2018 $300.00 679304 18657 MCAFEE, DANIEL Aug 23, 2018 $118.00 679305 16016 MCINTOSH & ASSOCIATES Aug 23, 2018 $25,845.00 679306 28760 MEDIWASTE DISPOSAL LLC Aug 23, 2018 $35.00 679307 7064 MERCHANTS PRINTING & ENVELOPE Aug 23, 2018 $522.31 679308 19252 MEYER CIVIL ENGINEERING INC Aug 23, 2018 $7,613.00 679309 24077 MICHEL AUTO TECH Aug 23, 2018 $50.00 679310 1316 MICHELIN NORTH AMERICA INC Aug 23, 2018 $9,529.15 679311 5547 MINUTEMAN PRESS Aug 23, 2018 $180.07 679312 28768 MKN & ASSOCIATES INC Aug 23, 2018 $3,987.24 679313 19168 MMI SERVICES INC Aug 23, 2018 $680.00 679314 26625 MOORE, MALCOLM Aug 23, 2018 $97.00 679315 885 MSC INDUSTRIAL SUPPLY CO INC Aug 23, 2018 $2.22 679316 29828 MT POSO COGENERATION COMPANY LLC Aug 23, 2018 $1,800.00 679317 26096 MURPHY, DENA Aug 23, 2018 $118.00 679318 5790 MUXLOW CONSTRUCTION Aug 23, 2018 $2,438.00 679319 24309 NAVIGATORS PRINT & DESIGN, INC Aug 23, 2018 $1,047.03 679320 18229 NEOGOV INC Aug 23, 2018 $12,078.99 679321 22058 NET TRANSCRIPTS, INC. Aug 23, 2018 $633.47 679322 24167 NOLTE ASSOCIATES INC Aug 23, 2018 $250,850.20 679323 29773 NUNEZ, FERNANDO Aug 23, 2018 $63.00 679324 28687 NV5 INC Aug 23, 2018 $1,980.79 679325 3910 O"CONNOR PEST CONTROL Aug 23, 2018 $685.00 679326 24279 O"REILLY AUTO PARTS Aug 23, 2018 $344.53 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679327 6012 ORACLE CORPORATION Aug 23, 2018 $1,376.54 679328 14515 OXLEY'S PEST CONTROL INC Aug 23, 2018 $45.00 679329 18950 PACHECO, HENRY Aug 23, 2018 $103.00 679330 14088 PACIFIC GAS & ELECTRIC Aug 23, 2018 $53.87 679331 28526 PARKER, RYAN Aug 23, 2018 $103.00 679332 28058 PARLIER, CHRIS Aug 23, 2018 $145.00 679333 20828 PARSONS TRANSPORTATION GROUP INC Aug 23, 2018 $516,817.51 679334 6220 PEAVEY MANUFACTURING COMPANY Aug 23, 2018 $2,460.45 679335 29637 PINNACLE PETROLEUM INC Aug 23, 2018 $54,020.69 679336 6376 PIONEER PAINT Aug 23, 2018 $3,301.77 679337 27911 PORTERVILLE FORD Aug 23, 2018 $847.90 679338 6653 RAIN FOR RENT INC Aug 23, 2018 $19.71 679339 20713 RANDY'S TOWING Aug 23, 2018 $140.00 679340 3249 RAY GASKIN SERVICE INC Aug 23, 2018 $60.08 679341 6682 RAYMONDS TROPHY AND AWARDS Aug 23, 2018 $396.23 679342 28480 READY REFRESH Aug 23, 2018 $207.61 679343 6727 REFRIGERATION SUPPLIES DIST. INC Aug 23, 2018 $2,243.54 679344 22196 RESOURCE MACHINERY & ENGINEERING Aug 23, 2018 $817.44 679345 29257 RIVERA, FRANCISCO Aug 23, 2018 $189.00 679346 27177 RIVERA, WILLIE Aug 23, 2018 $145.00 679347 18891 ROARK, MELISSA Aug 23, 2018 $1,362.86 679348 29099 ROTATIONAL MOLDING INC Aug 23, 2018 $30,036.01 679349 6915 ROUND -UP FEED AND PET SUPPLY Aug 23, 2018 $225.18 679350 17449 RRM DESIGN GROUP INC Aug 23, 2018 $2,940.00 679351 13860 RUETTGERS & SCHULER CIVIL ENG Aug 23, 2018 $1,850.00 679352 24306 SAFARILAND Aug 23, 2018 $214.50 679353 18072 SAFETY TEK INDUSTRIES INC Aug 23, 2018 $1,320.02 679354 29931 SANDOVAL, ANGEL ESPINOZA Aug 23, 2018 $84.00 679355 7283 SEQUOIA PAINT COMPANY INC Aug 23, 2018 $32.99 679356 29322 SITEONE LANDSCAPE SUPPLY HOLDING Aug 23, 2018 $296.45 679357 7434 SMART & FINAL IRIS COMPANY Aug 23, 2018 $395.03 679358 26820 SMITH, BOB Aug 23, 2018 $145.00 679359 22473 SOILS ENGINEERING INC Aug 23, 2018 $5,925.00 679360 29897 SOLUTIONS Aug 23, 2018 $1,922.92 679361 23456 SORENSON,VERNON MD INC Aug 23, 2018 $820.00 679362 29952 STATE OF CA JUDICIAL COUNCIL Aug 23, 2018 $200.00 679363 10335 SULLIVAN, JACQUIE Aug 23, 2018 $145.00 679364 28496 SUPPLYWORKS Aug 23, 2018 $1,626.95 679365 28163 SWITZER, PHILIP Aug 23, 2018 $147.00 679366 29086 SYBASE INC Aug 23, 2018 $8,640.08 679367 28832 T -MOBILE USA Aug 23, 2018 $969.00 679368 29053 TATES JANITORIAL SERVICE Aug 23, 2018 $4,261.25 679369 28268 TEAGUE, STEPHANIE Aug 23, 2018 $118.00 679370 23463 TEGLIA, STEVEN Aug 23, 2018 $145.00 679371 25338 TEN EIGHT TOW INC Aug 23, 2018 $35.00 679373 851 TENNANT COMPANY Aug 23, 2018 $1,247.68 679374 19961 THE HON COMPANY -C/O STINSONS Aug 23, 2018 $805.52 679375 22218 TOPETE, LUIS Aug 23, 2018 $576.38 679376 8084 TOTER LLC Aug 23, 2018 $5,727.18 679377 21369 TRANS -WEST SECURITY INC Aug 23, 2018 $5,636.01 679378 22049 TREMCO POLICE PRODUCTS INC Aug 23, 2018 $3,194.60 679379 15212 U.S. BEHAVIORAL HEALTH PLAN Aug 23, 2018 $1,141.14 679380 29744 VALVERDE, MICHAEL Aug 23, 2018 $84.00 679381 29784 VARIDESK LLC Aug 23, 2018 $1,143.83 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679382 14647 WAXIE SANITARY SUPPLY INC Aug 23, 2018 $634.17 679383 26512 WEI KOO Aug 23, 2018 $3,127.13 679384 28739 WESTAIR GASES & EQUIPMENT INC Aug 23, 2018 $170.21 679385 26447 WESTCOAST HYDRAULICS Aug 23, 2018 $156.31 679386 23733 WHEELER, JAMES Aug 23, 2018 $1,600.00 679387 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 23, 2018 $15.85 679388 26336 WHITE, GARY Aug 23, 2018 $84.00 679389 29481 XYLEM WATER SOLUCTIONS USA INC Aug 23, 2018 $1,142.23 679390 26909 YORK RISK SERVICES GROUP INC Aug 23, 2018 $13,205.40 679391 29774 YUROSEK FARMS LLC Aug 23, 2018 $39.58 679392 9244 ZEP MANUFACTURING COMPANY Aug 23, 2018 $1,228.85 679393 17690 ZONES Aug 23, 2018 $23,382.56 679394 537 AT&T Aug 23, 2018 $785.56 679395 537 AT&T Aug 23, 2018 $2,327.24 679396 28860 AT&T Aug 23, 2018 $1,078.56 679398 78 ADVANCED DISTRIBUTION CO Aug 23, 2018 $4,910.04 679399 12516 AIMS Aug 23, 2018 $9,044.00 679402 8530 AMERIPRIDE UNIFORM SERVICES Aug 23, 2018 $2,258.40 679403 10199 BAKERSFIELD CITY EMPLOYEE Aug 23, 2018 $2,195.50 679404 10320 BAKERSFIELD HOMELESS CENTER Aug 23, 2018 $17,171.00 679405 18159 C W E A Aug 23, 2018 $188.00 679409 1696 CALIFORNIA WATER SERVICE Aug 23, 2018 $92,056.53 679410 11937 CITY OF BAKERSFIELD Aug 23, 2018 $749.88 679411 2050 CLIFFORD & BROWN Aug 23, 2018 $17,500.00 679414 3427 GRAINGER INC, W W Aug 23, 2018 $2,220.81 679416 3450 GRANITE CONSTRUCTION INC Aug 23, 2018 $292,552.50 679419 7933 HOME DEPOT Aug 23, 2018 $2,994.53 679423 4740 KERN TURF SUPPLY Aug 23, 2018 $5,112.85 679426 15624 LOWE'S HOME IMPROVEMENT Aug 23, 2018 $1,771.15 679427 12627 MARDEROSIAN & COHEN Aug 23, 2018 $8,882.64 679428 12627 MARDEROSIAN & COHEN Aug 23, 2018 $80,000.00 679429 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 23, 2018 $45.14 679435 10428 UNITED REFRIGERATION INC Aug 23, 2018 $4,734.47 679439 20601 VERIZON WIRELESS Aug 23, 2018 $2,468.71 679440 20601 VERIZON WIRELESS Aug 23, 2018 $19,165.94 679441 20601 VERIZON WIRELESS Aug 23, 2018 $3,308.70 679442 20601 VERIZON WIRELESS Aug 23, 2018 $225.36 9994443 30028 BLUE SHIELD OF CALIFORNIA -P Aug 3, 2018 $530,737.83 9994444 30021 KAISER PERMANENTE Aug 3, 2018 $220,941.93 9994445 30025 STATE DISBURSEMENT UNIT Aug 9, 2018 $20,349.15 9994446 16504 STATE TREASURER'S CONDEMNATION Aug 9, 2018 $323,000.00 9994448 19630 UNION BANK Aug 9, 2018 $904,321.36 9994449 11811 WELLS FARGO BANK Aug 9, 2018 $110,421.06 9994450 10199 BAKERSFIELD CITY EMPLOYEE Aug 10, 2018 $193,716.00 9994451 24821 DEPARTMENT OF THE TREASURY Aug 10, 2018 $1,375.03 9994452 30014 EMPLOYMENT DEVELOPMENT DEPT Aug 10, 2018 $210,357.86 9994453 10217 1 C M A RETIREMENT TRUST -303749 Aug 10, 2018 $87,750.67 9994454 30010 IRS Aug 10, 2018 $580,908.69 9994455 16863 NATIONWIDE RETIREMENT SOLUTIONS Aug 10, 2018 $107,052.33 9994456 20699 VANTAGEPOINT TRANSFER AGENTS C/O Aug 10, 2018 $34,381.39 9994457 10206 STATE OF CALIF - PERS Aug 16, 2018 $911,729.32 9994458 16504 STATE TREASURER'S CONDEMNATION Aug 16, 2018 $340,495.00 9994459 11811 WELLS FARGO BANK Aug 16, 2018 $84,674.02 9994460 30028 BLUE SHIELD OF CALIFORNIA -P Aug 17, 2018 $529,361.11 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2 - 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 8/3/2018 to 8/23/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 9994461 30021 KAISER PERMANENTE Aug 17, 2018 $218,953.23 9994462 30025 STATE DISBURSEMENT UNIT Aug 23, 2018 $20,298.39 9994463 11811 WELLS FARGO BANK Aug 23, 2018 $113,815.94 $23,055,326.54 S:\Accounting\Robert Z\Admin - Council\2018\COUNCI L -ADM IN\09 - SEPT 2 091-0511-8 CC AGENDA PACKET PG 86 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/3/2018 to 8/23/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 15920 57 ABATE A WEED Aug 9, 2018 $101.01 15921 63 ACE HYDRAULIC SALES & SERVICE Aug 9, 2018 $1,123.27 15922 64 ADAMSON POLICE SUPPLY Aug 9, 2018 $3,446.93 15923 29 AFFINITY TRUCK CENTER Aug 9, 2018 $3,068.72 15924 575 B C LABORATORIES Aug 9, 2018 $315.00 15925 611 B S & E COMPANY INC Aug 9, 2018 $2,653.64 15926 1037 BERCHTOLD EQUIPMENT CO Aug 9, 2018 $135.25 15927 1163 BLUEPRINT SERVICE CO Aug 9, 2018 $269.88 15928 18753 BRIDGEPORT TRUCK MANUFACTURING Aug 9, 2018 $8,083.41 15929 1558 CALIFORNIA INDUSTRIAL RUBBER Aug 9, 2018 $231.66 15930 20747 CENTRAL SANITARY SUPPLY INC Aug 9, 2018 $550.02 15931 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 9, 2018 $1,922.35 15932 14582 DAVE BANG ASSOCIATES INC Aug 9, 2018 $2,096.95 15933 13912 DIRECT SAFETY SOLUTIONS INC Aug 9, 2018 $1,721.26 15934 13088 E J WARD INCORPORATED Aug 9, 2018 $804.66 15935 2757 ELECTRIC MOTOR WORKS INC Aug 9, 2018 $1,842.22 15936 14055 FAST UNDERCAR LLC Aug 9, 2018 $4,046.26 15937 2874 FERGUSON ENTERPRISES INC Aug 9, 2018 $1,353.72 15938 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Aug 9, 2018 $5,133.57 15939 21739 GOLDEN EMPIRE TOWING INC Aug 9, 2018 $1,507.50 15940 3570 HAAKER EQUIPMENT COMPANY Aug 9, 2018 $632.75 15941 4171 JERRY & KEITHS INC Aug 9, 2018 $10,338.67 15942 1390 JIM BURKE FORD Aug 9, 2018 $5,759.43 15943 2267 L N CURTIS & SONS Aug 9, 2018 $41,362.88 15944 24086 MAR -CO EQUIPMENT CORP Aug 9, 2018 $1,644.57 15945 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 9, 2018 $27.17 15946 6550 QUAD KNOPF INC Aug 9, 2018 $16,344.52 15947 12665 SAN JOAQUIN FENCE & SUPPLY Aug 9, 2018 $4,654.00 15948 28661 SERVEXO PROTECTIVE SERVICES Aug 9, 2018 $5,724.25 15949 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 9, 2018 $2,372.63 15950 7685 STINSON STATIONERS Aug 9, 2018 $2,902.46 15951 7728 SULLY & SON HYDRAULICS INC Aug 9, 2018 $92.74 15952 15868 TEL TEC SECURITY SYSTEM INC Aug 9, 2018 $589.92 15953 13646 UNITED ROTARY BRUSH CORP Aug 9, 2018 $7,024.53 15954 9010 WILLIAMS CLEANING SYSTEMS INC Aug 9, 2018 $2,086.48 15955 57 ABATE A WEED Aug 16, 2018 $520.06 15956 63 ACE HYDRAULIC SALES & SERVICE Aug 16, 2018 $365.54 15957 24819 AD WEAR & SPECIALTY OF TX Aug 16, 2018 $326.47 15958 29 AFFINITY TRUCK CENTER Aug 16, 2018 $3,682.72 15959 152 ALL AUTOMATIC TRANSMISSION SER Aug 16, 2018 $2,698.43 15960 576 B & B SURPLUS Aug 16, 2018 $552.34 15961 575 B C LABORATORIES Aug 16, 2018 $394.00 15962 611 B S & E COMPANY INC Aug 16, 2018 $735.26 15963 1037 BERCHTOLD EQUIPMENT CO Aug 16, 2018 $797.44 15964 1163 BLUEPRINT SERVICE CO Aug 16, 2018 $1,305.08 15965 18753 BRIDGEPORT TRUCK MANUFACTURING Aug 16, 2018 $3,831.43 15966 20747 CENTRAL SANITARY SUPPLY INC Aug 16, 2018 $285.71 15967 5147 COASTLINE EQUIPMENT Aug 16, 2018 $2,462.10 15968 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 16, 2018 $213.04 15969 13912 DIRECT SAFETY SOLUTIONS INC Aug 16, 2018 $1,073.33 15970 13088 E J WARD INCORPORATED Aug 16, 2018 $14,752.63 15971 2757 ELECTRIC MOTOR WORKS INC Aug 16, 2018 $317.70 15972 27459 EVOQUA WATER TECHNOLOGIES Aug 16, 2018 $356,510.29 15973 14055 FAST UNDERCAR LLC Aug 16, 2018 $5,097.98 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2C 091105/18 CC A GENDACKET 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/3/2018 to 8/23/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 15974 2874 FERGUSON ENTERPRISES INC Aug 16, 2018 $3,181.54 15975 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Aug 16, 2018 $3,729.74 15976 21739 GOLDEN EMPIRE TOWING INC Aug 16, 2018 $2,786.00 15977 4171 JERRY & KEITHS INC Aug 16, 2018 $6,320.12 15978 1390 JIM BURKE FORD Aug 16, 2018 $5,060.86 15979 15694 DIMS TOWING INC Aug 16, 2018 $740.00 15980 24086 MAR -CO EQUIPMENT CORP Aug 16, 2018 $559.53 15981 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 16, 2018 $38.78 15982 1279 QUALITY HEAVY DUTY DIESEL ELEC Aug 16, 2018 $305.66 15983 6555 QUINN COMPANY INC Aug 16, 2018 $3,337.87 15984 6690 RECREONICS Aug 16, 2018 $630.32 15985 21873 RM INDUSTRIES INC Aug 16, 2018 $2,954.33 15986 28661 SERVEXO PROTECTIVE SERVICES Aug 16, 2018 $5,911.73 15987 19584 SMITH & SON TIRE INC Aug 16, 2018 $3,894.30 15988 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Aug 16, 2018 $4,881.31 15989 7685 STINSON STATIONERS Aug 16, 2018 $7,297.76 15990 7728 SULLY & SON HYDRAULICS INC Aug 16, 2018 $5,133.91 15991 7840 TALLEY COMMUNICATIONS CO INC Aug 16, 2018 $877.25 15992 15868 TEL TEC SECURITY SYSTEM INC Aug 16, 2018 $23,326.40 15993 9010 WILLIAMS CLEANING SYSTEMS INC Aug 16, 2018 $495.30 15994 57 ABATE A WEED Aug 23, 2018 $202.85 15995 63 ACE HYDRAULIC SALES & SERVICE Aug 23, 2018 $81.85 15996 24819 AD WEAR & SPECIALTY OF TX Aug 23, 2018 $701.85 15997 64 ADAMSON POLICE SUPPLY Aug 23, 2018 $1,279.07 15998 29 AFFINITY TRUCK CENTER Aug 23, 2018 $1,573.30 15999 152 ALL AUTOMATIC TRANSMISSION SER Aug 23, 2018 $875.00 16000 180 AMBER CHEMICAL INC Aug 23, 2018 $12,721.60 16001 25854 AZCO SUPPLY, INC. Aug 23, 2018 $12,205.05 16002 575 B C LABORATORIES Aug 23, 2018 $1,124.00 16003 611 B S & E COMPANY INC Aug 23, 2018 $2,367.58 16004 1163 BLUEPRINT SERVICE CO Aug 23, 2018 $748.95 16005 18753 BRIDGEPORT TRUCK MANUFACTURING Aug 23, 2018 $6,496.44 16006 20747 CENTRAL SANITARY SUPPLY INC Aug 23, 2018 $162.42 16007 5147 COASTLINE EQUIPMENT Aug 23, 2018 $258.67 16008 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 23, 2018 $3,185.99 16009 14582 DAVE BANG ASSOCIATES INC Aug 23, 2018 $709.69 16010 13912 DIRECT SAFETY SOLUTIONS INC Aug 23, 2018 $774.24 16011 13088 E J WARD INCORPORATED Aug 23, 2018 $496.66 16012 2757 ELECTRIC MOTOR WORKS INC Aug 23, 2018 $27,488.10 16013 14055 FAST UNDERCAR LLC Aug 23, 2018 $2,424.58 16014 2874 FERGUSON ENTERPRISES INC Aug 23, 2018 $1,672.99 16015 21739 GOLDEN EMPIRE TOWING INC Aug 23, 2018 $255.00 16016 4171 JERRY & KEITHS INC Aug 23, 2018 $140.89 16017 1390 JIM BURKE FORD Aug 23, 2018 $1,612.67 16018 4178 JIM BURKE LINCOLN MERCURY Aug 23, 2018 $3,104.14 16019 15694 DIMS TOWING INC Aug 23, 2018 $900.00 16020 2267 L N CURTIS & SONS Aug 23, 2018 $2,395.54 16021 6550 QUAD KNOPF INC Aug 23, 2018 $11,184.87 16022 1279 QUALITY HEAVY DUTY DIESEL ELEC Aug 23, 2018 $2,520.38 16023 6555 QUINN COMPANY INC Aug 23, 2018 $9,696.56 16024 12665 SAN JOAQUIN FENCE & SUPPLY Aug 23, 2018 $211.90 16025 698 SAN JOAQUIN INTERIORS Aug 23, 2018 $8,086.65 16026 28661 SERVEXO PROTECTIVE SERVICES Aug 23, 2018 $5,741.55 16027 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 23, 2018 $1,396.47 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2C 091105/18 CC A GENDA PA CKET PG 88 8/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 8/3/2018 to 8/23/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 16028 25604 STAY GREEN INC Aug 23, 2018 $1,749.69 16029 7670 STEWART ELECTRIC SUPPLY Aug 23, 2018 $242.65 16030 7685 STINSON STATIONERS Aug 23, 2018 $7,109.91 16031 15868 TEL TEC SECURITY SYSTEM INC Aug 23, 2018 $664.53 16032 13646 UNITED ROTARY BRUSH CORP Aug 23, 2018 $4,706.47 758,619.29 23,813,945.83 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\09 - SEPT 2C 0910511 -8 -CC AGENDA PACKET PG 89 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DATE: 8/16/2018 111-11 V 03 SUBJECT: Adoption of ordinance amending Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating to landscaping. (FR 08115118) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On February 21, 2018, Councilmember Freeman made a referral to the Planning and Development Committee to examine landscaping standards; particularly, in relation to commercial parking lots located adjacent to public streets. On April 17, 2018, the Planning and Development Committee was presented information on landscaping standards and proposed ordinance amendments to improve the aesthetic appeal of new developments throughout Bakersfield. The Committee accepted public input from the development community and directed City staff to prepare a full draft of an updated ordinance. On May 17, 2018, the Planning Commission was presented the first draft of the updated ordinance. The Commission accepted public input and directed City staff to conduct further research on 10 separate topics, including development applicability, median standards, time to attain minimum size, landscaping strip dimensions, utility easements, enforcement, and more. On July 19, 2018, the Planning Commission was presented additional updates to the ordinance. Following a split decision that failed to pass to form an ad-hoc Committee for conducting additional research, the Commission directed City staff to bring the draft updated ordinance to City Council. The attached proposed ordinance is responsive to the City Council's direction. This ordinance had a first reading on August 15, 2018. ATTACHMENTS: Description Ondimanoe Type Ordnance ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 17.08.140 and 17.58.060, AND CHAPTER 17.61 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code are hereby amended to read as follows: 17.61 LANDSCAPE STANDARDS. 17.61.010 Generally. The purpose of this chapter is to establish the necessary criteria, standards and limits for landscaping. The provisions of this section are intended to provide a transition between and mitigate conflicts which may arise between adjacent land uses, to promote an attractive visual harmony between the landscape and development, reduce air, noise and visual pollution, produce a healthy, vibrant, sustainable urban forest, decrease temperatures, increase comfort, and promote commerce and socialization, while promoting water use efficiency. Landscaping shall conform to the Model Water Efficient Landscaping Ordinance (MWELO) as adopted in California Code of Regulations, Title 23, Chapter 2.7 as adopted by the state. 17.61.020 Landscaping required. A. All projects for which site plan approval is required, shall install and maintain landscaping in accordance with the requirements of this chapter; provided however, these landscape requirements shall not apply to projects where a current use is expanded and the valuation of the building permit is less than fifty percent of the replacement value of the existing improvements. If the existing uses are to be expanded greater than fifty percent of their replacement value, the planning director shall determine the amount and placement of landscaping needed to comply with this section. B. Occupancy of a use subject to these standards shall not be permitted until the approved landscaping and irrigation has been installed, or if permitted by the planning director, an agreement and/or surety bond or cash deposit sufficient to cover the cost of installation which amount has been determined to complete the work plus administration costs by the city, and such has been provided to the city specifying completion of installation within a time specified by the Planning Director. 17.61.030 Minimum Landscape Standards. A. Installation of landscape materials and irrigation equipment shall be in accordance with commonly accepted methods of installation as approved by the City. Page 1 of 15 Pages B. Trees shall be a minimum twenty-four inch box container size or larger and shall be vigorous and healthy when planted. The minimum diameter of the tree trunk, as measured at a point 4 feet up the trunk from ground level, shall be 1" for a 15 gallon container tree, 2" for a 24 -inch box container tree, and 3" for a 36 -inch box container tree. These trunk diameters shall apply throughout this chapter where tree container sizes are specified. C. Shrubs shall be a minimum 5 gallon container size or larger and shall be vigorous and healthy when planted. Mass shrub planting for area coverage shall be a mix of 5 gallon (40%) and 1 gallon (60%) container size with an average spacing of 18 inches on center. Flats shall be used for ground covers with an average spacing of 8 inches on center. D. Shrubs and/or ground cover, including turf, shall cover no less than 75% of the required landscaped area within 4 years of planting. E. A landscaped area 15 feet in width on arterial and collector streets and 8 feet in width on local streets as measured from the right-of-way line, shall be installed along said street. The width of the landscape strip may be reduced when, in the opinion of the Planning Director, the following conditions are met: 1. The total square footage of required landscaped area remains constant. 2. The reduction in the required width is consistent with the purposes of the landscape regulations of this chapter. 3. In the central district (C -B and C -C zone districts) this reduction may include the planting of street trees only to allow adequate pedestrian access consistent with adjacent development. F. Along street frontages, a tree shall be planted at a ratio of 1 tree per 20 lineal feet, or portion thereof. Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, utility easements, and signs provided the minimum tree to frontage ratio is satisfied. A species mix of 30% evergreen and 70% deciduous shall be maintained. G. Trees shall be required to be planted within parking lots at a minimum ratio of 1 tree for each 6 parking spaces, but shall be sufficient to achieve the minimum shading required in paragraph H. of this section. The maximum spacing between trees shall not exceed 65 feet. H. Trees shall be installed and thereafter maintained throughout the parking area to ensure that it will be shaded based on calculating the canopy area of each tree at 15 years from a master tree list approved by the Planning Director. The landscape plan required by Section 17.08.080 shall be drawn to show that the tree canopy will have the potential to attain shading over 40% of the total area of all uncovered parking stalls, loading areas, drive aisles and maneuvering areas. The property owner or the preparer of the plans shall show all shading calculations on the plan. Truck loading docks in front of overhead doors, truck maneuvering and parking areas unconnected to and exclusive of any required vehicle parking areas, freight yards, and surfaced areas for automobile sales, lumber yards, and vehicle storage are not subject to this shading requirement. Page 2 of 15 Pages I. Buildings with main entrances facing parking lots shall be landscaped with a minimum of 1 tree for each 50 feet of linear building frontage or portion thereof. Said trees shall be adjacent to the building and may also be credited for parking lot trees if they comply with the requirements set forth in paragraphs G. and H. of this section. Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, and signs provided the minimum tree to building ratio is satisfied. The use of vines and large shrubs is encouraged to enhance the tree planting areas next to the building. J. Of the total number of trees required in the parking area and for the entire project, a minimum of 30% shall be evergreen species. K. In addition to the trees referenced in paragraphs G., H., and I. of this section, trees shall be installed along the property line perimeter, in the required landscape area required by Section 17.58.050 N., of drive aisles, parking lots, loading areas and storage areas as a buffer between office, commercial and industrial uses and property zoned for residential uses. Said trees shall be 100% evergreen species spaced no further apart than 20 feet on center. The minimum tree size shall be a 24 - inch box container size if the adjacent residential zoned area is all or partially developed and a 15 gallon container size if the adjacent residential zoned area is undeveloped. L. Landscaping and irrigation shall be installed in compliance with any approved site plan or other project approval prior to final inspection or occupancy. M. Tree planters within the parking lot shall be a minimum of 5 feet by 5 feet (outside dimension). Vehicles may overhang into these planters no more than 21/2 feet provided the tree is protected from damage by a vehicle. N. If a drive-thru lane is located adjacent to a public street it shall be screened via one of the following options: (1) an evergreen hedge installed at a minimum initial height of 4 feet; or, (2) a wall or berm installed at a minimum height of 4 feet. This screen shall be located between the drive-thru lane and public street along only that portion of the drive-thru lane that is adjacent to the public street. Option 2 shall include the planting of shrubs between the wall and the sidewalk. The Planning Director may, at his or her discretion, allow the use of other similar screen if physical constraints preclude the installation of a hedge. A taller screen may also be required at the discretion of the Planning Director if such additional height is necessary for adequate screening because of topographic conditions, proximity to residential areas or other factors that would warrant special treatment. O. An 8 foot landscape area shall be provided between each building and the drive aisle for multi -family projects using a common drive aisle with shared access. This requirement shall not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi -family subdivisions or other multi -family projects that existed prior to the effective date of this ordinance (#4104, adopted January 15, 2003) . Page 3 of 15 Pages P. Landscaping shall be designed to minimize overwatering and avoid runoff of irrigation water. Soil type shall be considered in order to reduce runoff and promote healthy plant growth. Plant selection and placement shall match the irrigation provided. Q. A minimum 2 inch layer of mulch shall be applied on all exposed surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding application where mulch cannot be used. Stabilizing mulching products shall be used on slopes. The mulch can be any organic material, including, but not limited to, leaves, bark, straw, or compost; or any inorganic or synthetic material, including, but not limited to, rock, landscape fabric or recycled rubber. 17.61.032 ADDITIONAL REQUIREMENTS. In addition to the minimum standards contained in Section 17.61.030, the following shall apply to those specific geographic areas as identified below: A. Central City Area. For the purposes of this subsection, Central City Area is identified as including all lands bounded by 23rd Street to the north, Truxtun Avenue to the south, M Street to the east, and G Street to the west. 1. Street tree species shall be consistent with the Central City Master Street Tree Plan as adopted by City Council Resolution No. 195-92. B. Northeast Bakersfield. For the purposes of this subsection, Northeast Bakersfield is identified as including all lands east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Highway. New landscape areas shall consist predominately of native California trees (e.g., oaks and sycamores), shrubs and groundcovers mixed with ornamental species. Planting shall occur in non-linear clusters to resemble a natural appearance. Firescape species contained in Table 1 of Chapter 17.66 shall be used along the perimeter of the project site adjacent to native or slope areas if outside the HD zone district. 2. Use of boulder clusters and other native rock combinations shall be installed with vegetation to resemble a natural distribution blending into the surrounding native areas and/or street parkways that may contain similar design elements. 3. Along slopes, plantings shall be done with more dense and larger species of trees and shrubs closer to streets with a gradual reduction of plantings that are less dense with smaller species as you move further away from the streets to provide a natural transition between the streetscape and native areas. 4. Design content shall retain the natural flora and site character as much as possible with a subtle landscape transition between maintained and native areas. Page 4 of 15 Pages 5. Xeriscape and/or regional native plant selections shall be used to revegetate any disturbed areas outside the project area, unless city ordinances, resolutions, or conditions of approval state otherwise. 6. New landscape areas along slopes and slope easements may be required to be privately maintained as undeveloped areas of native landscaping, greenbelts, or open space, without fencing or other structures, as determined by the planning director, or as may be conditioned by the planning commission or city council. 7. These standards do not apply to residential projects that contain four units or less and that are not part of a larger multiple -family subdivision with more than four lots. 17.61.040 LANDSCAPE MAINTENANCE. A. Landscapes shall be regularly inspected and maintained to ensure water efficiency and keep plants in a healthy condition. Maintenance shall include, but is not limited to, programmed watering, fertilizing and soil amendment applications, weed control, cleaning, pruning, trimming, pest control, replenishing mulch and cultivating. Tree topping shall not be permitted except when necessary for the protection of public safety, property damage or liability. B. Landscape structural features shall be maintained in sound structural and attractive condition. C. All plant material shall be serviced by a permanently installed, electrically automated irrigation system. Project sites containing two thousand five hundred square feet or more of landscaped area must have a controller that can be programmed to accommodate different landscape hydrozones and the controller shall be equipped with a battery backup to preserve the controller settings in case of an electrical system interruption. D. Tree pruning shall follow the International Society of Arboriculture (ISA) pruning guidelines. This subsection does not apply to utility companies trimming trees for the purpose of providing necessary clearance for power lines. E. All plants and irrigation systems shall be maintained as originally approved unless otherwise approved by the city. The city can, at any time, require landscaping and irrigation to be replaced and/or reinstalled in accordance with the approved plans and requirements of the State's Model Water Efficient Landscaping Ordinance (MWELO). F. Failure to maintain landscaping and/or irrigation systems as provided in the project's approved landscape plan shall result in the issuance of a citation and if not abated, may include civil penalties. Page 5 of 15 Pages 17.61.050 TREE PRESERVATION AND PROTECTION. A. Replacement planting must conform to the original intent of the landscape design and adhere to the State's Model Water Efficient Landscaping Ordinance (MWELO). B. Trees voluntarily removed from an existing project, except when necessary for the protection of public safety, property damage, or liability, or damage or loss by acts of nature, the willful unlawful acts of persons other than the property owner, or by complying with other federal or state laws or actions, shall be replaced at the average size of what is or was existing not to exceed a forty-eight inch box container size. Said trees shall be replaced within one hundred twenty days of removal. Trees shall be the same species as shown on the project's approved landscape plan or otherwise meet the provisions of this chapter. C. Failure to replace existing tress as required by this Chapter shall be subject to the issuance of notices of violations, correction orders, citations, and any administrative remedies provided under the Bakersfield Municipal Code or applicable state law. 17.61.060 LANDSCAPE PLAN REQUIREMENTS. A. A workable scale (preferred - 1 inch equals 20 feet or larger) and north arrow; B. Property lines, overhead and underground power easements; C. Dimensions; D. Location of all trees and shrubs. Mature tree head diameter shall be depicted to scale; E. Existing and proposed structures, including anticipated signs (both freestanding and wall); F. Existing natural features (note on plan to be removed or retained); G. Irrigation system plan shall include, but not be limited to, main and lateral lines, valves, sprinkler heads, any moisture sensing devises, any rain switches, pressure regulators and backflow prevention device(s), and drainage locations, description of irrigation controller and ability to accommodate different hydrozones. H. A plant specification list: 1. Keyed to the plan, 2. Estimated sizes at planting and at maturity, 3. Head diameter of trees at 15 years and whether the tree is evergreen or deciduous, 4. Container sizes, Page 6 of 15 Pages 5. Quantity of each, 6. Percent of parking lot shading which will result from tree landscaping calculated in accordance with this section, 7. Percent of evergreen trees located in parking lot and percent located along project perimeter, 8. Botanical and common plant names. I. If grading for slopes occurs within the landscaping area, then grading shall be designed to minimize soil erosion, runoff and water waste. J. Compliance with the Model Water Efficient Landscaping Ordinance (MWELO) for projects that propose new landscaping as follows are required to submit documentation to the Planning Director that may include, but not limited to, the checklist and certification of compliance forms provided by the Planning Director, and such other information and documentation as may be required by the Planning Director: 1. New landscaping encompassing equal to or greater 500 square feet; 2. Rehabilitation of landscape area encompassing equal to or greater than 1,000 square feet. 3. Any project of landscape area encompassing equal to or greater than to 2,500 square feet. 17.58.060 PARKING LOTS. A. All parking lots shall be paved, including driveways, drive aisles and loading areas, with concrete, asphaltic concrete, or any other paved street surfacing material approved by the City Engineer. Unless otherwise approved by the City Engineer, if asphaltic concrete is used, it shall be a minimum thickness of 2 inches over 3 inches of approved base material with adequate drainage provided; if concrete is used, it shall be a minimum thickness of 4 inches. B. Lighting shall be installed in all parking lots and parking garages which accommodate passenger vehicles, with the exception of parking areas for residential projects with 4 units or less, in compliance with the following provisions: 1. Illumination shall be generally distributed across the parking area and operational during business hours. Lighting shall be designed and arranged in such a manner so that light is directed downward and is reflected away from adjacent properties and streets. The Building Official may at any time require use of glare shields or baffles for glare reduction or control of backlight. 2. Light poles, standards and fixtures including bases or pedestals, shall not exceed a height of 40 feet. Light sources less than 50 feet from the property line of any residentially zoned or designated lot or existing residential development shall not exceed a height of 15 feet. Page 7 of 15 Pages 3. Lighting sources, fixtures and related structures shall be maintained in sound operating condition at all times. Maintenance shall include but is not limited to replacement of broken lenses, burned out light sources, adjustments to fixture tilt, cleaning of fixtures and lenses, painting of standards and replacement of shields or baffles. 4. All parking lots established prior to the effective date of this subsection shall be exempt from the provisions of this subsection; however, at such time changes or modifications occur on the site that necessitates a site plan review pursuant to Chapter 17.08, the Planning Director or designee shall determine whether some or all said provisions will be implemented under the approved site plan. C. No parking lot for any number of automobiles shall have conducted upon it any dead storage, dismantling, or sale of vehicles, or any repair or servicing of vehicles other than that of an emergency nature. D. Sales or storage of materials and merchandise, including seasonal merchandise shall not be permitted in any required parking or loading area but shall be within a screened area dedicated for such use. E. Any parking lot with more than 10 spaces adjacent to a public street shall be screened via one of the following options: (1) landscaped berms, (2) retaining walls, (3) evergreen hedges or (4) a combination thereof, a minimum height of 48 inches at the time of installation, as measured from the adjacent parking lot top of pavement. Option 2 shall include the planting of shrubs between the wall and the sidewalk. F. Shopping cart corrals, if provided, shall not be located within required parking stalls, drive aisles or loading areas. 17.08.140 DESIGN STANDARDS FOR LARGE RETAIL DEVELOPMENTS A. Purpose. Bakersfield is concerned with the future design of its commercial areas, specifically with the growth of large retail developments that include big box stores. At the same time, it is important to encourage economic development. These standards help mitigate unwanted design, while encouraging developers to incorporate good community architecture that enhances the city's character and quality of life. In addition to the requirements herein, all landscaping projects shall adhere to that certain Model Water Efficient Landscaping Ordinance (MWELO) as adopted in California Code of Regulations, Title 23, Chapter 2.7 as adopted by the state. B. Applicability. 1. These standards shall apply to large retail developments throughout the city within all commercial zone districts, and all nonresidential zones where the development contains retail commercial components, including but not limited to Planned Unit Development zones, industrial zones, and recreation/open Page 8 of 15 Pages space zones. These standards also apply to all specific plan areas unless the plan has standards that are more restrictive. In Northeast Bakersfield, the building design standards in subsection C of this section shall apply to all commercial and industrial projects, regardless of size, which are subject to site plan review. 2. These standards are in addition to any other development requirements as required by this title, including but not limited to zone district regulations, signs, parking, landscaping, and accessory uses. 3. Expansion to existing Large Retail Developments. a. An addition to an existing large retail development that was initially subject to these standards shall be required to comply with the requirements of this section. b. An addition to an existing large retail development that was not previously subject to the requirements of this section, is required to comply with this section if the gross floor area of such establishment as a single expansion or cumulatively since the adoption of this ordinance is increased by 50 percent or more, or the addition is such that it creates a large retail development and that addition increases the gross floor area of such building by 50 percent or more as a single expansion or cumulatively since the adoption of this ordinance. 4. Reference may be made in this subsection to specific geographic areas, which are defined as follows: a. Northeast Bakersfield - includes all lands east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Highway. C. Building Design Standards. Exterior building walls and facades over 100 feet in length shall incorporate wall plane projections or recesses with a depth of at least 3 percent of the length of the facade and extending along at least 20 percent of the length of the facade. No facade shall have an uninterrupted length of flat wall that exceeds 100 horizontal feet. Facades that face public streets shall include arcades, display windows, entry areas, or other such permanent features along no less than 60 percent of their horizontal length. 2. All building facades must include no less than three of the following elements. At least one of the elements (a, b or c), shall occur horizontally. All elements shall occur at intervals of no more than 30 feet, either horizontally or vertically. a. Color change; b. Texture change; c. Material change; Page 9 of 15 Pages d. An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib, or other architecturally appropriate feature. 3. Where large retail developments contain smaller additional, separately owned stores that occupy less than 25,000 square feet of gross floor area with separate, exterior customer entrances, the street level fagade of such stores shall be transparent between the height of 3 feet and 8 feet above the walkway grade for no less than 60 percent of the horizontal length of the building of such additional stores. Windows shall be recessed and include visually prominent sills, shutters, or other such forms of framing. 4. In multiple building developments, each individual building shall include prominent architectural characteristics shared by all buildings in the center so that the development forms a cohesive sense of place. 5. Rooflines shall be varied with a change in height every 100 linear feet of the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs of the roofline are acceptable. If parapets are used, they shall not at any point exceed one third (1 /3) of the height of the supporting wall. All parapets shall feature three-dimensional cornice treatment. 6. Exterior building materials shall be high quality materials, including, but not limited to, brick, sandstone, and other native stone, manufactured stone (realistic), wood, glass, decorative metal elements, and tinted/textured concrete masonry units, including stucco and synthetic stucco -type materials. a. For projects in Northeast Bakersfield, building materials consisting of river rock, native stone, cobblestone, ledge stone, rough -sawn timbers, and logs, either as a single element or combination thereof, shall be used as the predominate theme throughout the project area. 7. Primary facade colors shall be low reflectance, subtle colors over primary, bold or dramatic colors. The use of reflective metallic or fluorescent colors is discouraged. However, building trim and accent areas may feature brighter colors, including primary colors. Paint applied over brick, stone and concrete is prohibited. a. For projects in Northeast Bakersfield, the predominate color palette shall consist of earth and natural toned colors that blend with the surrounding area. A variety of these colors is encouraged to allow individuality but maintain a cohesive sense of place for the entire center. 8. Finished exterior building materials shall not include smooth -faced concrete block, tilt -up concrete panels or prefabricated steel panels. 9. Entryways. Page 10 of 15 Pages a. At least two sides of a large retail development shall feature customer entrances. The two required sides shall be those planned to have the highest level of public pedestrian activity. One of the sides shall be that which most directly faces a primary public or private street with pedestrian access. The other may face a second street with pedestrian access or the main parking lot area if there is no second street. All entrances shall be architecturally prominent and clearly visible from the abutting public street. b. Public entrances must include architectural elements that emphasize the entry. Each large retail development on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: L Canopies or porticos; ii. Overhangs; iii. Recesses/projections; iv. Arcades; V. Raised corniced parapets over the door; vi. Peaked roof forms or towers; vii. Arches; viii. Plazas or outdoor patios; ix. Display windows; X. Fountains or other water features; A. Architectural details such as the work and moldings that are integrated into the building structure and design; xii. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. c. Where additional stores will be located in the large retail development, each such store shall have at least one (1) exterior customer entrance, which shall conform to the above requirements. d. Weather protection elements shall be provided at all public entrances. D. Parking lot design. 1. No more than 60 percent of the off-street parking area for the entire area of land devoted to the large retail development shall be located between the front facade of the large retail development and the abutting streets unless the parking lots are screened from view by other freestanding pad buildings, or landscaping with trees and incorporating berms, retaining walls, hedges, or combination thereof at least 4 feet high, plazas, water elements, or other such features that diminish the visual impression of a mass parking lot from the public right-of-ways. Option 2 shall include the planting of shrubs between the wall and the sidewalk. 2. Parking lots shall be divided into sections of 200 spaces or less with internal pedestrian walkways, buildings or landscaped open areas. Pedestrian ways shall be subject to the provisions of subsection E of this section. 3. Areas for bicycle parking shall be provided throughout the center and shall not interfere with pedestrian walkways. Page 1 1 of 15 Pages 4. If shopping carts are to be provided, cart corrals shall be installed and generally distributed across parking area. E. Pedestrian Circulation. 1. Meandering sidewalks at least 6 feet in width shall be provided along all sides of the large retail development that abuts a public street. 2. Continuous internal pedestrian walkways, no less than 6 feet in width, shall be provided from a public sidewalk or right-of-way to the principal customer entrances of all large retail developments on the site, including all freestanding pad buildings. Pedestrian walkways shall link all buildings in the development. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50 percent of the length of the walkway. Use of decorative arbors, freestanding arcades or other weather protection structures is permitted. 3. Sidewalks, no less than 6 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. 4. All internal pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. 5. Parked vehicles shall not overhang into any pedestrian walkways. 6. Pedestrian access to adjacent residential neighborhoods shall be provided where local streets abut the project. This access shall connect directly to focal points in the project such as, but not limited to, community/public spaces, main building or store entries, or transit stops without traversing through loading areas, buildings rears, etc. These pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. F. Central Features and Community Space. Each retail establishment subject to the standards in this section shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following: 1. Pedestrian plaza or patio with seating; 2. Transportation/transit center; 3. Covered window shopping walkway along at least 75% of primary building; Page 12 of 15 Pages 4. Outdoor playground area; 5. Water feature; 6. Clock tower; 7. Any other such deliberately shaped area and/or focal feature or amenity that enhances the community and public spaces of the center. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. G. Delivery/Loading and Solid Waste Operations. 1. No delivery, loading, trash removal or compaction, or other such operations shall be within 30 feet of any properties zoned or developed with residential uses. 2. In addition to compliance with the Noise Level Performance Standards Table in the Noise Element of the Metropolitan General Plan for exterior daytime/nighttime exterior noise levels, other than trash removal by the city or its contractors, all loading, unloading, delivery, private refuse collection and related operations shall not be permitted between the hours of 10:00 pm and 7:00 am adjacent to any land zoned or developed with residential uses. These activities may occur if the developer submits evidence to the city that sound mitigation will reduce the noise generated by such operations to less than 3 dBA above the measured background noise level at the same period for any three continuous minutes in any hour during the operation as measured at the property line adjacent to said residential lands. Evidence of compliance must include background data (without the subject equipment operating) at said property line for the subject period, modeling results or test data from the proposed equipment, or noise data gathered from a similar location if approved by the city. 3. Loading docks shall include separate walls for noise attenuation adjacent to residential areas and be screened with landscaping (evergreen trees 20 feet on center) so the loading docks are not visible from residential areas or public streets. 4. Trash pickup areas shall not be visible from public streets unless the enclosure areas are architecturally designed matching the design of the center. H. Storage, Seasonal Sales, Miscellaneous. 1. Storage of materials and merchandise is prohibited unless screened with in accordance with this title, including use of landscaping. Vending equipment and shopping cart storage areas must be screened from public view and not impede pedestrian ways. 2. Seasonal sales of merchandise shall not be permitted in any required parking area but shall be within a screened area dedicated for such use. Page 13 of 15 Pages 3. Truck trailers shall not remain on the site for more than 48 hours (loading and unloading only). Truck or trailer storage, or use of trailers for product storage is prohibited. 4. Metal storage containers as defined in Section 17.04.464 and any other portable storage containers for permanent or temporary use, except for construction and/or remodeling purposes, are prohibited. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -------00000-------- Page 14 of 15 Pages HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: MI - KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney MI - RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield Page 15 of 15 Pages ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent -Resolutions d. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DATE: 8/16/2018 111-11 V 03 SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Staff recommends adoption of the resolution. BACKGROUND: On August 13, 2018, an assessment hearing was held by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A were in violation of Chapter 8.27 of the Bakersfield Municipal Code, which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris, and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties. The City Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the resolution. ATTACHMENTS: Description D ReSdUdOlrl D Dedairadoin D ExhbUk Type Resokltblrl BackUIMateir4� BackUIMateir4� RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on August 13, 2018, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A", are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1 (b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. ----------000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY: RICHARD IGER Deputy City Attorney CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OA EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this reference in June and July 2018. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A". 3. Records of the Bakersfield Building Department reflect that on July 20, 2018 a copy of Notice of Filing Report and Assessment List for Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties and/or posted. 4. The foregoing matters are within my personal knowledge and if called as a witness herein, I could and would competently testify thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 16th day of August 2018, at Bakersfield, California. David Paquette Code Enforcement Supervisor EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 1. 018-210-07-00-1 322 Augusta Street SPSSM Invs IX LP $0 $420 $420 1 4900 Santa Anita Av #2C 18-373 EI Monte, CA 91731 2. 139-394-04-00-5 129 Bliss Street Sepideh Soleymanpoor $275 $852 $1,127 1 4928 Gaviota Avenue 18-2232 Encino, CA 91436 3. 011-381-21-00-9 1204 S Chester Cobra 28 8 LP $0 $420 $420 1 Avenue 4900 Santa Anita Av #2C 17-8604 EI Monte, CA 91731 4. 018-390-09-00-0 122 Clifton Street Reginald Phillips $229 $852 $1,081 1 1230 Baldwin Road 18-2546 Bakersfield, CA 93304 5. 018-370-19-00-3 329 Clyde Street Ronald Sledge $0 $420 $420 1 329 Clyde Street 18-2367 Bakersfield, CA 93307 6. 518-151-11-00-7 209 Derbyshire Drive Jason Bartolomei $1,100 $852 $1,952 1 209 Derbyshire Drive 18-2331 Bakersfield, CA 93307 7. 516-312-01-00-7 417 Ginger Snap Lane Carlos Mancilla & $375 $852 $1,227 1 Silvia Mancilla 18-2465 417 Ginger Snap Lane Bakersfield, CA 93307 8. 009-232-11-00-6 815 L Street Juan Cruz Morales $225 $852 $1,077 1 1201 3rd Street 18-2045 Bakersfield, CA 93304 9. 009-232-09-00-1 825 L Street Salvador Garcia & $0 $145 $145 1 Maria Garcia 825 L Street 18-881 Bakersfield, CA 93304 10. 173-580-10-00-9 5500 Mar Grande Av Parma Fruit Inc $0 $420 $420 1 Cash Balance Plan 79440 Corporate Center #114 18-2709 La Quinta, CA 92253 11. 018-250-27-00-1 38 S Owens Street Sonia Bernal $0 $145 $145 1 3001 Crescent Ridge Street 18-1732 Bakersfield, CA 93313 12. 018-270-15-01-1 115 S Owens Street Dorotjy Mack $429 $852 $1,281 1 115 S Owens Street 18-2322 Bakersfield, CA 93307 13. 171-200-06-00-3 1500 Pacheco Road Mae Reid $359 $852 $1,211 1 Space 6 1500 Pacheco Road Sp 6 18-2561 Bakersfield, CA 93307 14. 022-162-05-00-6 921 Sylvia Drive Jose De Jesus Ruiz Quevedo $0 $420 $420 1 209 N 18'" Street 18-2643 Mount Vernon, WA 98273 15. 009-480-23-00-0 405 V Street Jacquelyn Francisco $400 $1,611 $2,011 1 405 V Street 17-7782 Bakersfield, CA 93304 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 16. 010-190-29-00-4 1208 3,d Street Jose Cardenas & $150 $852 $1,002 1 Elidia Cardenas PO Box 112 18-2083 Lamont, CA 93241 17. 018-061-19-00-0 1420 E 9'" Street Smith R Guest Living Trust $350 $852 $1,202 1 4045 Roxburgh Drive 18-2098 Roswell, GA 30076 18. 015-380-08-00-3 1020 Gage Street Jeff Burgess $0 $145 $145 2 3278 Ibis Street 18-2776 San Diego, CA 92103 19. 014-300-11-00-0 832 Jackson Street Maria Rascon $0 $420 $420 2 832 Jackson Street 18-2253 Bakersfield, CA 93305 20. 005-341-07-00-2 2525 K Street Tran Hung Quoc Luu $0 $145 $145 2 901 34'" Street 18-2408 Bakersfield, CA 93301 21. 012-290-06-00-0 229 Lincoln Street Robert Gary Cronyn $0 $145 $145 2 13428 Maxella Av #672 18-3411 Marina Del Rey, CA 90272 22. 014-050-05-00-1 225 Niles Place Keith Leach $750 $432 $1,182 2 1907 Brundage Lane 18-3080 Bakersfield, CA 93304 23. 014-080-04-00-7 515 Niles Street Higher Grounds Solutions Inc $0 $420 $420 2 4939 Calloway Dr Ste 104 18-2215 Bakersfield, CA 93312 24. 007-192-05-00-4 1921 Orange Street Salvador Hernandez Jr & $0 $145 $145 2 Gloria Hernandez 240 Bernard Street 18-3089 Bakersfield, CA 93305 25. 006-124-01-00-8 501 18'" Street Valdez Family Trust $0 $145 $145 2 4616 Panorama Drive 18-2263 Bakersfield, CA 93306 26. 017-280-01-00-7 807 E 18'" Street Emma Rocha $175 $852 $1,027 2 4800 Treanna Av Apt 6A 18-2165 Bakersfield, CA 93309 27. 021-381-19-00-7 1820 Duke Drive Jason Wikoff & $280 $852 $1,132 3 Autumn Wikoff 1820 Duke Drive 18-2019 Bakersfield, CA 93305 28. 383-290-01-00-0 2300 Eric Way Michelle Jara $169 $852 $1,021 3 2300 Eric Way 18-2309 Bakersfield, CA 93306 29. 439-090-16-00-2 5711 Fairfax Road Matthew Martin $0 $145 $145 3 5711 Fairfax Road 18-2781 Bakersfield, CA 93306 30. 383-212-18-00-0 3412 Harvard Drive Michel Kailani Gallegos $379 $852 $1,231 3 1225 Vienna Drive Sp 54 18-2229 Sunnyvale, CA 94089 31. 531-012-03-00-7 Paladino Drive Regent Land Inv LLC $0 $145 $145 3 11990 San Vicente BI Ste 200 18-3255 Los Angeles, CA 90049 32. 531-012-02-00-4 10801 Paladino Drive Regent Land Inv LLC $0 $145 $145 3 11990 San Vicente BI Ste 200 18-3256 Los Angeles, CA 90049 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 33. 382-173-21-00-7 3804 University Madaline Payha $0 $420 $420 3 Avenue 3318 Monterey Street 18-748 Bakersfield, CA 93306 34. 392-331-15-00-5 3809 Frost Way Meng Jui Kuo $0 $420 $420 5 NO 49 8'" Neiborhood An 15' Rd 18-2594 Zhangshan District Keelung Cit 35. 381-102-18-00-4 7900 Kamloops Drive Michael Lee Van Dahlen $0 $145 $145 5 7900 Kamloops Drive 18-2246 Bakersfield, CA 93309 36. 498-102-11-00-4 6100 Quaking Aspen Javier Robledo $999 $852 $1,851 6 Street 6100 Quaking Aspen Street 18-2335 Bakersfield, CA 93313 37. 355-355-19-00-0 2712 Whitley Drive Argelia Franco $0 $145 $145 6 2712 Whitley Drive 18-1804 Bakersfield, CA 93309 38. 355-355-26-00-0 2904 Whitley Drive Iliana Castaneda $0 $145 $145 6 2904 Whitley Drive 18-1801 Bakersfield, CA 93309 39. 372-292-16-00-8 1701 William F Halsey Alejandro Gutierrez $0 $145 $145 7 Avenue 1701 William F Halsey 18-2941 Avenue Bakersfield, CA 93304 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent -Resolutions e. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 8/24/2018 WARD: Ward(s)1, 6 SUBJECT: Resolution determining that Sulfa Treat, an absorbent media for removing hydrogen sulfide (H2S) from digester gas, 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 $200,000. Staff recommends adoption of the resolution. BACKGROUND: Digester gas created by the wastewater treatment process contains high levels of hydrogen sulfide (H2S) that results in the formation of sulfur oxides (SOX). In order to limit the emission of SOX, the San Joaquin Valley Air Pollution Control District (Valley Air District) limits the allowable concentration of H2S in the digester gas to 10 ppm and 20 ppm for Wastewater Treatment Plant No. 2 and No. 3, respectively. Concentration of H2S higher than the allowable limit for each plant is a violation of their operating permits issued by the Valley Air District and punishable by fines. Sulfa Treat is an absorbent media that has proven itself effective in removing H2S from digester gas whereby keeping the City compliant with Valley Air District requirements. Prior to the use of Sulfa Treat, the City faced multiple permit violations for exceeding the allowable H2S concentration. Due to the proprietary nature of Sulfa Treat and the need to remove H2S from the digester gas, City staff recommends adoption of the resolution to dispense with bidding for Sulfa Treat and authorizing the purchase of Sulfa Treat from the sole supplier, M-1 LLC on a continuing basis in amounts to meet the City's requirements, not to exceed $200,000. City staff also notes that while it is known that Sulfa Treat works well with existing plant equipment and treats H2S as desired, the Wastewater Division anticipates conducting an engineering study during Fiscal Year 2018-19 to evaluate if there are other equally effective or better absorbent medias available. Funds are available in the Wastewater Enterprise Fund for this purchase; therefore, there is no impact to the General Fund. F-11 Ii all M I ��i 14 LI k &I Description D ReSdUdOlrl Type Resokltblrl RESOLUTION NO. A RESOLUTION DETERMINING THAT SULFA TREAT, A MEDIA FOR REMOVING H2S FROM DIGESTER WASTE GAS, 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 $200,000. WHEREAS, digester gas is created by the wastewater treatment process at both Wastewater Treatment Plants 2 and 3; and WHEREAS, hydrogen sulfide (H2S) is a component of the digester gas which shall be reduced to meet the San Joaquin Valley Air Pollution Control District (SJVAPCD) permit requirements; and WHEREAS, the City must remove H2S from the digester gas to prevent formation of sulfur oxides (SOx) to meet the emissions requirement set by the SJVAPCD permits; and WHEREAS, any violation of the punishable by fine by the SJVAPCD; and H2S and/or SOx requirements can be WHEREAS, Sulfa Treat was determined to be the most effective media in removing His exclusively distributed H2S from digester gas; and WHEREAS, Sulfa Treat is exclusively distributed by M-1 LLC, a Schlumberger Company; and WHEREAS, the Public Works Director has determined and has recommended the Council find, that the purchase of Sulfa Treat can only be reasonably obtained from one vendor, M-1 LLC, because of sole distributorship 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 Sulfa Treat, to be used for air pollution control, can only be reasonably obtained from one vendor (M-1 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: APPROVED KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney IS RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent -Resolutions f. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 8/24/2018 111-11 N 03 SUBJECT: Resolution in support of Proposition 3 (Water Supply and Water Quality Act of 2018). STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City relies on an uninterrupted and high-quality water supply to support its economy and ever growing population. California's recent historic drought highlighted the need to use existing water supplies more efficiently and increase investments in water infrastructure. The Water Supply and Water Quality Act of 2018 qualified for the November California Statewide ballot as Proposition 3. If passed, Proposition 3 makes available $8.9 billion in general obligation bonds to fund projects for SGMA implementation, stormwater treatment, wastewater recycling, watershed restoration, water conservation, infrastructure repair, in addition to other programs of importance to our city and other local agencies. By making water use more efficient, reducing the demand for water, providing new and diverse water supplies, improving the quality of our source watersheds, and protecting key environmental uses of water, this measure will assure that the economic and environmental engines of California are not derailed by a shortage of water. On August 15, 2018, Councilmember Rivera referred City staff to prepare a resolution in support of the Water Supply and Water Quality Act of 2018. The attached proposed resolution is responsive. ATTACHMENTS: Description D bkie IMeirno D Bkie IMeirno D ReSdUdOlrl i'iIrl SU�Ppoirl of Prop 3 Type Coveir IMeirno Coveir IMeirno Resokltblrl /' / - : a �� a ' a _ , B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM September 4, 2018 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: STEVEN TEGLIA, ASSISTANT CITY MANAGERS SUBJECT: COUNCIL MEETING SEPTEMBER 5, 2018 CONSENT CALENDAR ITEM 8f. Councilmember Freeman requested staff provide the Council with additional background material related to the resolution in support of Proposition 3 - (Water Bond), which is item 8f on Wednesday's agenda. In response to this request, staff has provided two documents (attached) which include: 1. The Official Voter Information Guide for Proposition 3, which includes an impartial analysis of the measure as well as arguments in favor and against; and 2. A document provided by the Legislative Analyst's Office entitled Overview of State Bond Debt which is an additional resource used with respect to analyzing the impact of bond measures. IlYoveimnlb,eir 612011118 El !IN I � 11111 � 11111111 117 11, 11" 111 11111111 Ceirfificateof Coinirectiness iAlex Padilla, Secretary ufState of the State ofCalifornia, duhereby certify that the meaxuex induded herein will be Submitted to the electors of the State of California at the General Election to be held thmughuut the State on November 6' 2018, and that this guide has been correctly prepared in accordance with the |avx Witness my hand and the Great Seal ufthe State inSacramento, California, this l3tbday ufAuguxt20l8. PROPOSITION AUTHORIZES BONDS TO FUND PROJECTS FOR WATER SUPPLY AND 3 QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL The text of this measure can be found on the Secretary of State's website at httpzllvoterguide. sos. ca.go v. Authorizes $8.877 billion in state general obligation bonds for various infrastructure projects: $3.03 billion for safe drinking water and water quality, $2.895 billion for watershed and fisheries improvements, $940 million for habitat protection, $855 million for improved water conveyance, $685 million for groundwater sustainability/ storage, and $472 million for surface water storage/dam repairs. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: • Increased state costs to repay bonds averaging about $430 million per year over the next 40 years. • Savings to local governments, likely averaging a couple hundred million dollars annually over the next few decades. • Appropriates money from General Fund to pay off bonds. State Bond Cost Estimates • Requires certain projects to provide matching funds Authorized new borrowing from non -state sources; gives Average annual coat to tray off bonds priority to disadvantaged Likely repayment period communities. ;source of repayment ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Californians Get Water From Several Sources. Most of the water used for drinking and farming in California comes from rain and melted snow. Rain and snow flow into streams and rivers, many of which start in the mountains. The areas where these streams and rivers begin are referred to as "watersheds." California has built dams, reservoirs, and canals to store water and deliver it around the state. Water is also pumped from underground (referred to as "groundwater"), especially during dry years when not as much rain and snow falls. A small share of the state's water comes from other sources, such as cleaning and reusing the wastewater that households and businesses send into sewers (referred to as "water recycling") Most Spending on Water Is by Local Governments. Local government agencies—usually water districts, cities, and counties—fund most of the projects that provide clean water for people to drink, supply water for farming, and protect 22 1 Title and Summary/ Analysis $&9 billion $430 million 40, years General Fund) tax revenues communities from floods. These agencies spend about $25 billion each year on these types of water -related activities. Residents pay for the majority of this spending when they pay their water and sewer bills. State Also Spends Money on Water, as Well as Environmental Projects. The state gives grants and loans to local government agencies to help pay part of the costs of some of their water projects. The state also spends money on projects to improve the natural environment, including protecting habitats that are home to fish, birds, and other wildlife. In many cases, the state—rather than local governments—provides most of the funding for these environmental projects. Sometimes state departments carry out environmental projects themselves, and sometimes they give grants to local governments, nonprofit organizations, and other organizations for these projects. In recent years, the state has spent about $4 billion per year to support water and environmental projects. AUTHORIZES BONDS TO FUND PROJECTS FOR WATER SUPPLY AND PROPOSITION QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. 3 ANALYSIS BY THE LEGISLATIVE ANALYST Voter -Approved Bonds Are a Common Source of State Funding for These Projects. The state mainly uses general obligation (GO) bonds and the state's General Fund to pay for water and environmental projects. GO bonds are a way to borrow money. Voters give the state permission to sell bonds to investors, and the state uses that money as "up -front" funding for projects. The state then repays the investors over time, with interest, from the General Fund—the state's main operating account, which also pays for education, prisons, health care, and other services. (For more information on the state's use of bonds, see "Overview of State Bond Debt" later in this guide.) Since 2000, voters have approved about $31 billion in GO bonds in statewide elections to pay for different types of water and environmental projects. Of this amount, roughly one-third was still available to pay for new projects as of June 2018. This includes $4 billion that was approved by voters through Proposition 68 in June 2018. PROPOSAL $8.9 Billion Bond for Water and Environmental Projects. This proposition allows the state to sell $8.9 billion in new GO bonds for various water and environmental projects. These funds fall into six broad categories, as summarized in Figure 1. Within these broad categories, the proposition includes around 100 subcategories for how certain amounts must be spent, including for particular regions of the state or on specific projects. The proposition's broad spending categories include the following: CONTINUED Watershed Lands ($2.5 Billion). This category funds projects to improve the conditions of watershed lands, which include forests, meadows, wetlands, and areas near rivers. Funded projects must protect or improve the supply and quality of the water that comes from these lands. Many of these projects would also have environmental benefits, such as improving habitat for fish and wildlife or reducing the risk of forest fires. This funding category includes about 50 subcategories with special requirements, including that certain amounts be spent in specific areas of the state. For example, the proposition provides $250 million for the forests in the Sierra Nevada Mountains and $200 million for the Salton Sea in Southern California. Water Supply ($2.1 Billion). This funding is for projects that will increase the amount of water available for people to use. This includes money for collecting and cleaning up rainwater ($550 million), cleaning up Uses of Proposition 3 Band Funds fln miffions) Category Primiairy Activ'it'ies Amount Watershed lands Protect restore, and Improve ttu:a healllh of watershed lands $2,495 an specltied areas od the slate to increase the arrnouril and pUadlt,yOf water. Water supply hrrprove and increase: drinking water and wastewater 2,130 treatinent, water recydin,k, collection and (lean -up of rainwater, and walur conservation, Fish and wildlife lmprovr habitats for fish and wildlife, including by restoring 1,440 habitat streams and wetlands to mere natural conditions, Water facility Bake connections ar"td repairs to existing Clams, canals, and 1,227 upgrades reservoirs,. Groundwater t",lean up, iechairdra, and rnan atle Itrnundwater. 1,085 Flood protection Reduce. Hood risk, Including by expanding Hoodpiains> and 500 repaurnrng reservores. Total $8,877 Analysis 1 23 PROPOSITION AUTHORIZES BONDS TO FUND PROJECTS FOR WATER SUPPLY AND 3 QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST drinking water ($500 million), and recycling wastewater ($400 million). The proposition also provides funding for water conservation activities that decrease how much water people use ($300 million). This could include paying some of the costs for people to install low -flow toilets or replace their lawns with plants that use less water. • Fish and Wildlife Habitat ($1.4 Billion). This category funds projects to improve fish and wildlife habitat. The types of projects could include increasing the amount of water that flows to a wetland or river, as well as buying undeveloped land to keep it in a natural state. The proposition targets some of the funding for projects to help certain species, including native fish in the Central Valley ($400 million), salmon and steelhead trout ($300 million), and migratory birds ($280 million). • Water Facility Upgrades ($1.2 Billion). Th is funding is for four specific projects to improve the availability of water in certain areas of the state. These projects include: (1) repairing the federally owned Madera and Friant-Kern canals in the Central Valley ($750 million), (2) building canals and other types of projects that connect local reservoirs and communities in the San Francisco Bay region ($250 million), (3) repairing the state-owned Oroville Dam in Butte County ($200 million), and (4) planning changes for the North Bay Aqueduct that serves Solano and Napa Counties ($5 million). • Groundwater($ 1.1 Billion). This category funds projects related to groundwater storage to make sure groundwater will be available in future years. This includes activities to clean up groundwater by removing salts to make it more usable ($400 million). Funding will also be used for projects that help water to soak back into the ground so that it can be used in the future (known as "groundwater recharge"). 24 1 Analysis CONTINUED Flood Protection ($500 Million). This funding is for projects that reduce the risk from floods. These projects could include expanding floodplains (which provide areas where floodwaters can spread without causing much harm) and repairing reservoirs. Some of these projects would provide other benefits, such as improving fish and wildlife habitat, increasing water supplies, and improving recreation opportunities. Some of this funding is for projects in specific areas of the state, including the Central Valley ($200 million) and the San Francisco Bay Area ($200 million). Distributes Most Funding Through Grants. The proposition provides funding to more than a dozen different state departments. The proposition continuously appropriates the bond funds to these departments, which is different from most water and environmental bonds. This means that the Legislature would not spend the funds in the annual state budget. Instead, departments would automatically receive funding when they are ready to spend it. Departments would spend some of the funds to carry out projects themselves. However, almost all of the funds would be given as grants to local government agencies, Indian tribes, nonprofit organizations, and private water companies for specific projects. For some funding subcategories—particularly those related to increasing or protecting water supply—grant recipients would have to provide at least $1 in local funds for each $1 of grant funding they receive. Provides Funding for "Disadvantaged Communities." The proposition has several requirements to help disadvantaged communities (those with lower average incomes). For a few spending subcategories, the proposition requires that funding be spent on projects that benefit these communities. Also, in many cases disadvantaged communities that receive grants would not have to pay the local share of costs discussed above. AUTHORIZES BONDS TO FUND PROJECTS FOR WATER SUPPLY AND PROPOSITION QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. 3 ANALYSIS BY THE LEGISLATIVE ANALYST Provides Greenhouse Gas (GHG) Funds for Water Projects. Separate from the $8.9 billion bond, this proposition also changes how the state must spend some existing funding related to GHGs. The state has passed laws to reduce global warming by limiting the amount of GHGs that are released in California. These efforts include the "cap -and -trade" program, which requires some companies and government agencies to buy permits from the state to release GHGs. The program causes some water agencies to have higher electricity costs to operate parts of their water delivery systems, such as pumps and water treatment plants. This proposition requires that a portion of the funding the state receives from the sale of permits be provided to four water agencies—the state Department of Water Resources, the Metropolitan Water District of Southern California, the Contra Costa Water District, and the San Luis and Delta Mendota Water Authority. The amount of funding would be equal to each agency's additional electricity costs associated with state programs to reduce GHGs. We estimate these costs could total tens of millions of dollars annually. (In the most recent year, the state has received $3 billion from the sale of permits.) The agencies would be required to spend the funds they receive on such activities as water conservation programs. As such, these funds would no longer be available for the state to spend on other activities. FISCAL EFFECTS State Bond Costs. This proposition would allow the state to borrow $8.9 billion by selling additional GO bonds to investors. These investors would be repaid with interest using the state's General Fund tax revenues. The cost of these bonds would depend on various factors—such as the interest rates in effect at the time they are sold, the timing of bond sales, and the time period over which they are repaid. We estimate that the cost to state taxpayers to repay this bond would total $17.3 billion to pay off both principal CONTINUED ($8.9 billion) and interest ($8.4 billion). This would result in average costs of about $430 million annually over the next 40 years. This amount is about one-third of 1 percent of the state's current General Fund budget. Local Costs and Savings to Complete Projects. Much of the bond funding would be used for local government projects. Providing state funds for local projects would affect how much of their own funds these local governments spend on these projects. In many cases, state bonds would reduce local spending. For example, this would occur in cases where the state bond funds replaced monies that local governments would have spent on projects anyway. In some cases, however, state funds could increase total spending on projects by local governments. For example, some local governments might choose to build additional or substantially larger projects than they would if state funds were not available. For some of these projects—such as when the bond requires a local cost share—local governments would bear some of the additional costs. On balance, we estimate that this proposition would result in savings to local governments to complete the projects funded by this bond. These savings could average a couple hundred million dollars annually over the next few decades. The exact amount would depend on which specific projects local governments choose and their share of the total project costs. Visit http://www.sos.ca.gov/campaign-lobbying/cal-access- resources/measure-contributions/2018-ballot-measure- contribution-totals/for a list of committees primarily formed to support or oppose this measure. Visit http://Www.fppc. ca.gov/transparency/top-contributors/nov- 18-gen.html to access the committee's top 10 contributors. If you desire a copy of the full text of the state measure, please call the Secretary of State at (800) 345 -VOTE (8683) or you can email vigfeedbackCsos.ca.govand a copy will be mailed at no cost to you. Analysis 1 25 PROPOSITION AUTHORIZES BONDS TUFUND PROJECTS FOR WATER SUPPLY AND - QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. * ARGUMENT |NFAVOR OFPROPOSITION 3 * Proposition meets California's urgent, critical need to secure safe, reliable and clean water supply by * Improving long term drought preparedness * Providing safe drinking water to millions of Californians, including those indisadvantaged communities * Increasing mountain water runoff we can capture and use * Repairing existing canals that irrigate our food crops * Repairing Orovi||eand other dams to keep people safe and hold more water * Improving water quality in groundwater, rivers, lakes, and streams * Using purified recycled water for industry and landscaping We must secure our state's future water supply by continued investment in water conservation, recycling, canals, pipelines and water storage facilities. "California must be prepared for the next inevitable drought and flood, which will be worsened by climate change. Proposition 3gets California ready for changes in water supply, water quality, and flooding. It invests in water conservation and recyc|iIng. ''--BedyAndrews, Water Resources Engineer "Proposition 3 will improve water quality in our ocean, lakes, rivers, and streams, and protect natural habitat for California fish, birds, and wildlife. ''--frofeaaorPeter Moyle Biology Scientist "A natural disaster would put our water supply at risk. By improving our water supply facilities, Proposition 3 will protect Californians from earthquakes, wildfires, floods' and landslides. It will also provide multiple benefits, including water forfieh and wildlife habitat, fanne' cities, and recreation. ''--DmmdGuy, Northern California Water Association "California must use all water sources for a reliable water supply and improved water quality."—Charley Wilson, Southern California Water Coalition "Water quality ofour rivers, lakes, bays and oceans will be improved by Proposition 3."—David Lewis, Save The Bay "We must capture stormwater and use it for water supplies, and prevent trash from being washed into rivers and the ocean. "—Juliana Gonzalez, Ph.D., Water Resources Planner "Protecting and restoring watersheds improves water supply and q uali "—Esther Feldman, Community Conservation Solutions "Damages from flooding and erosion will be reduced' while streams and rivers will be improved with green spaces and trai|e.''--AnnRiley, Ph.D., Water Resources Planner "This measure will help protect our local food supply so we can continue to enjoy fresh fruit' rice' milk, and other locally grown farm products. ''--Ce/o/Chandler, Peach Grower "Proposition 3 will improve the quality ofour watersheds, helping prevent devastating wildfires, and recover from past wildfires. ''--BarbanaBa/en, Mountain Counties Water Resources Association "Ca|ifornia'eenvironment and economy rely on a clean and reliable water supply. That's why environmental and business organizations like the California Chamber of Commerce' Bay Area Council, Ducks Unlimited, Silicon Valley Leadership Group, Natural Heritage Institute, and Valley Industry and Commerce Association support Proposition 3.''--A/an2aremberg, California Chamber of Commerce "Ca|ifornia'ewildlife and communities depend upon reliable clean water. Prop. 3 provides safe drinking water and long-term drought relief by cleaning up contaminated waterbodiee' restoring forests and wetlands, and improving fisheries and aquatic habitats. ''--Co0/nO'Maxm, National Wildlife Federation Local water districts support Proposition 3 because it provides safe, reliable and clean drinking water. Yes on 3! DYANVVHYT[.Water Quality Scientist JANET SANTOSCOBB California Wildlife Foundation HOB[HTOHAK0|H[Z.Water Resources Engineer * REBUTTAL TOARGUMENT |NFAVOR OFPROPOSITION 3 * ^Securea safe, reliable and clean water eu | ^ says the proponents' argument. But the money thrown ata multitude ofproposals will not produce one drop ofnew New water comes from the sky—rain snow on the mountains. The only to collect and store min and enmwmeU is with suitably -placed dame on our major rivers. Prop. 3 doesn't fund even one dam. Not only that, but dams gradually fill with silt(mcke and o/n). Over time, they're able nostore less water, are dangerous if they collapse,and take time and money to remove the silt. Some older dams have been taken down for those reasons. Prop. 3 provides money to remove silt from one dam—just one. Other sections ofthe measure specifically forbid using funds to remove ei|t-- 26 1 Arguments restrictions that make no sense ifwe're trying to store Prop. 3 claims to solve one of California's major problems—our chronic shortage ofwater. Don't be misled. Nothing in the measure will accomplish that. It's basically scheme tocollect a lot ofmoney for special interests. We, our children, and our grandchildren will pay for it. JANET S.ROBERTS, President Central So|anoCitizen/Taxpayer Group ROBERT D.1&HV|S.Vice President Central So|anoCitizen/Taxpayer Group MURRAY T. BASS, Member Central So|anoCitizen/Taxpayer Group Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency. AUTHORIZES BONDS TUFUND PROJECTS FOR WATER SUPPLY AND PROPOSITION QUALITY, WATERSHED, FISH, WILDLIFE, WATER CONVEYANCE, AND – GROUNDWATER SUSTAINABILITY AND STORAGE. INITIATIVE STATUTE. * ARGUMENT AGAINST PROPOSITION 3 * Does Prop. 3look familiar? Ushould. VVesaw awater-related measure on the June ballot, with similar words. In fact, since 1996' there have been eight statewide bond measures committing money to water issues. Sofar the total amount is more than 29 Billion Dollars! What dowehave toshow for all that money? Not one thing that will get us more water. California is basically adesert. Without dams collecting min and snow -melt from the mountains, extensive agriculture in the Central Valley would not exist. Our cities would be a fraction of their present populations. Despite a decades-londrought, not one penny of that $29 Billion went to build a new dam. The near - catastrophic failure at earcataetmphicfai|ureat northern Ca|ifornia'eOmviUe Dam last year showed that the State doesn't even take care of its existing dame. Instead of projects that would capture or store more of the precious precipitation that California gets, officials panderto special interests and pour millionsfdollars into parks, hiking tmi|e' wildlife—like a little bait -fish in the Sacramento River–and things that have nothing to do with solving the State's water ehoh Half the water in our rivers just rune into the Pacific Ocean. Politicians tried to prove that thseriousb t conserving water; they passed a law requiring cities to clamp down on uewaterwaetere. Atthe end of 2020, we'll belimited to55gallons per resident per day for indoor residential use. And tomake sure weget the message, the allowance drops to 50 gallons in 2030. What happens toour trees and landscaping? |fyou don't have greenery inyour yard and think the problem doesn't affect you, drive down 1-5 in the San Joaquin Va|ley You'll see huge areas ofbare land where farmers don't have the water to keep their trees and crops alive. Farms which feed much of the Nation have been hit by political |y-driven water policies and lack of foresight. How do the proponents of Prop. 3 want /o spend $8.9 Billion? Pretty much like before. You can read the details; but noteethat--aQain--there isn't one penny for a new dam. A little more than $4 Billion—almost half—is going to "disadvantaged communitiee" with no explanation of who or where they are. Let's gettothe important thing. How much isthis going tocost us? Number -crunchers estimate that interest on the bonds will almost double the total amount that has to be paid to the lenders. In other words, paying back the $8.9 Billion Dollar "loan" will cost the State--that'e us taxpayers --about $17.3 Billion. It averages out toabout $433 Million per year for 4O years. That has to mean more taxes! Do we want to give politicians another $9 Billion Dollars /o do the same things that haven't gotten us one drop of water? And the money coming out ofour pockets? Think about it. Noon Prop. 3! JANET S. ROBERTS, President Central So|anoCitizen/Taxpayer Group ROBERT D.1&HV|S.Vice President Central So|anoCitizen/Taxpayer Group MURRAY T. BASS, Member Central So|anoCitizen/Taxpayer Group * REBUTTAL TO ARGUMENT AGAINST PROPOSITION 3 * "Proposition 3 protects disadvantaged iU by providing funding for clean, safe drinking water. Proposition 3 moves us closer to guaranteeing every Californian's basic human right towater.^--Suaamede Anda, Community Water Center Bonds finance schools, hospitals, and clean water, just like we use mortgages to buy homes. California's bond ratings are the strongest in years. This ieagood time to invest. Proposition 3wiU repairOroviUe Dam. "Restoring our mountain and urban watersheds will improve their water storage capacity,d thequa|ity cxthe water they produce. This /sa key way we can capture stormwaterthat would otherwise be lost. Everyone from rural county residents to city dwellers will benefit. ''--CindyMontenez, TreePeop/e "California's agricultural bounty' including our fresh fruits and vegetables, milk, wine and hundreds ofother crops, depends on a reliable and balanced surface and groundwater supply. Proposition 3wi|| provide that supply, while protecting the environment. ''--JcySterling, Iron Horse Vineyards Proposition 3 provides enough water for 3 million families, family farmers, and California's fish and wildlife. Climate change will worsen the inevitable next drought. Proposition 3 gets California ready for drought without raising taxes. "Proposition 3 creates good jobs throughout California by building and operating badly ed d water p"—Bill Whitney,Dmtm Costa State Building and Construction Trades Council Proposition 3 restores watersheds and reduces fire danger. "We know how vulnerable California is to drought. The bond makes prudent investments to protect our water supply and to restore wildlife habitat.''-- SenabxDianne Feinstein Yes on 3! PH|LANQ[L0[S. Former California State Treasurer HOWARD PENN Planning and Conservation League ]EANN[ P|NCHA-TULL[Y. Fire Chief Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency. Arguments 1 27 Legislative Analyst's Office 7/18/2018 10:30 AM FINAL Overview of State Bond Debt This section describes the state's bond debt. It also discusses how the bond measures on the ballot, if approved by voters, would affect state costs to repay bonds. State Bonds and Their Costs What Are Bonds? Bonds are a way that governments and companies borrow money. The state government uses bonds primarily to pay for the planning, construction, and renovation of infrastructure projects such as bridges, dams, prisons, parks, schools, and office buildings. The state sells bonds to investors to receive "up -front" funding for these projects and then repays the investors, with interest, over a period of time. Why Are Bonds Used? A main reason for issuing bonds is that infrastructure typically provides services over many years. Thus, it is reasonable for people, both currently and in the future, to help pay for the projects. Also, the large costs of these projects can be difficult to pay for all at once. What Are the Main Types of Bonds? The two main types of bonds used by the state are general obligation bonds and revenue bonds. One difference between general obligation bonds and revenue bonds is how they are repaid. The state typically repays general obligation bonds using the state General Fund (the state's main operating account, which it uses to pay for education, prisons, health care, and other services). The General Fund is supported primarily by income and sales tax revenues. The state often repays revenue bonds from other sources, such as fees paid by users of the funded project (such as from bridge tolls). Another difference between state general obligation and revenue bonds is how they are approved. General obligation bonds issued by the state have to be approved by voters, while revenue bonds do not. Page 1 of 4 Legislative Analyst's Office 7/18/2018 10:30 AM FINAL What Are the Costs of Bond Financing? After selling bonds, the state makes annual payments over the next few decades until the bonds are paid off. (This is similar to the way a family pays off a mortgage.) The state pays more for a project funded by bonds than if the state does not borrow money for the project because of the interest costs. The amount of additional cost depends primarily on the interest rate and the time period over which the bonds have to be repaid. Bonds and the State Budget Amount of General Fund Debt. The state has about $83 billion of General Fund -supported bonds on which it is making annual principal and interest payments. In addition, the voters and the Legislature have approved about $39 billion of General Fund -supported bonds that have not yet been sold. Most of these bonds are expected to be sold in the coming years as additional projects need funding. Currently, we estimate that the state is paying about $6 billion annually from the General Fund to repay bonds. Propositions on This Ballot. There are three general obligation bond measures on this ballot. Together, these measures would authorize the state to borrow an additional $14.4 billion: • Proposition 1 would allow the state to borrow $4 billion for affordable housing and veterans -related programs. (Of this total, $1 billion would be for a veterans' home loan program, which is expected to be repaid by veterans participating in the program rather than the General Fund.) • Proposition 3 would allow the state to borrow $8.9 billion for water and other environmental projects. Page 2 of 4 Legislative Analyst's Office 7/18/2018 10:30 AM FINAL • Proposition 4 would allow the state to borrow $1.5 billion for certain hospitals that treat children. In addition, one measure on the ballot, Proposition 2, would allow the state to use up to $2 billion in revenue bond funds to provide housing for the homeless mentally ill. These bonds would be repaid by revenues set aside for mental health programs, not the General Fund. This Election's Impact on Debt Payments. We estimate that the total cost (including interest) to pay off the three general obligation bond measures on this ballot would be about $26 billion. These costs would be paid off over about 40 years, resulting in average costs of $650 million per year. This is 11 percent more than the state currently spends from the General Fund on its bond debt. The exact costs would depend on the specific details of the bond sales. This Election's Impact on the Share of State Revenues Used to Repay Debt. One indicator of the state's debt situation is the portion of the state's annual General Fund revenues that must be set aside to pay for bond debt. This is known as the state's debt -service ratio (DSR). Because these revenues must be used to repay debt, they are not available to spend on other state programs. As shown in Figure 1, the DSR is now a little above 4 percent. If voters do not approve any of the proposed bonds on this ballot, we project that the state's DSR on already approved bonds will grow over the next few years—peaking at just over 4.5 percent in 2021-22— and then begin decreasing. If voters approve all of the proposed general obligation bonds on this ballot, we project it would increase the DSR by less than one-half of one percentage point compared to what it would otherwise have been. The state's future DSR would be higher than shown in the figure if the state and voters approve additional bonds in the future. Page 3 of 4 General Fund Debt -Service Ratio Percent of General Fund Revenuers Spent 017 Debt Service 7% 6 5 4 3 2 1 Legislative Analyst's Office 7/18/2018 10:30 AM FINAL 1995-96 2000-01 2005.06 2010-11 2015-16 2020,21 2025-26 Projected Page 4 of 4 09105118 CC A GENDA PA C PG 132 September 4, 20 18 TO. HONOAAOL� IMAY00 i FROWOHRI$TOPHVR, GNE RRY AO"O 'q -) SUBJECT: COUNCIL AGENDA M Correspondence was received from IDiennis-Fox regarding the above item, Attachiments k 09105118 CC A GENDA PA C PG 133 Richard Iger. Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, Ca 93301 Subject: Propos,ition3 Dear Attorney Iger: CITY OF"BAKERSFELD �TV(`LERKI'S, OFFICE Regarding the Council request for a resolution endorsing prop 3 it would be proper to note the following: It is a "buy in initiative" where "pay to play is the driving force., Author Jerry Meral is, paid to place on, the ballot, and get passed, ain initlativeon behalf of paying participants, who, will receive funding from the ballots fine print. In this case 25% will go to participating park districts. For further explanation see the following: • SACRAMENTO BEE reporter Peter Schraag, who wrote PARADISE LOST which concludes that the initiative industrial complex is responsible for much of California's ongoing problems. • Lawyer Michael Jackson (Box 207 Quincy, CA95971 & 530 283 1007), Representing the fishing folk who facilitated a stakeholder group at the local library to active ly manage the local watershed following the timber wars. The only significant fire so fair has, been from arson. My own knowledge of Meral's methods, is from when he, and the Sierra Club passed prop 117, the Mt Lion Initiative, which diverted wildlife management funds to park purchases. This also resulted in the predation of middle management predators such, as weasels, foxes, etc and a resulting bloom of rodents and attendant hanta virus and plague according to a study by UCLA. Now even the Sierra club will not endorse this Proplositiori perhaps, wis,hinig to atone for past sins and be in line with biolth the Democrats and Republicans, in this State which also oppose the Proposition. Lawyer Jackson has suggested a reason for local support for Proposition 3, As some of the funds would be for the repair of Oroville Dam and for over -pumping damages, the bonds might play for what could be passed onto, Bakersfield's citizenry. I asked the Water Agency Board if this was so and it assured me that these costs, as well as legal: judgements in the various lawsuits, and the billlions to pay for the Delta tunnels would be placed onto the Zones of Benefit tax charges. So, here is a reason for the City to endorse Prop 3, Of course, it would be less bizarre and more normal for the City to pass a resolution in opposition to paying other's tax costs. The Zones of Benefit, which taxes Urban Bakersfield's taxpayers, originated to help pay for the water infrastructure such as the aqueduct, but now they are a hand out for even inon local interests. Some local water districts are not even receiving, water, but the zones are facilitating the transfer to LA which is not enthused about the prop and tunnels. Such a Resolution favoring Prop 3 because, of the Benefit Zones savings may seem biizarre but it would be consistent., Sincerely, Dennis FoxV 918 Blossom Street. City. RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD IN SUPPORT OF PROPOSITION 3, THE "WATER SUPPLY AND WATER QUALITY ACT OF 2018" WHEREAS, the City of Bakersfield relies on an uninterrupted and high- quality water supply to support its economy and ever growing population; and WHEREAS, California's recent historic drought highlighted the need to use existing water supplies more efficiently; and WHEREAS, the City of Bakersfield, like many other cities across the state has an ongoing interest in funding opportunities that will allow investment in water infrastructure; and WHEREAS, the Water Supply and Water Quality Act of 2018 qualified for the November California Statewide ballot as Proposition 3; and WHEREAS, these grant funds could result in significant cost savings for cities and ratepayers, healthier watersheds, and improvements in both water supply and quality for urban areas; and WHEREAS, if passed, Proposition 3 would make available $8.9 billion in general obligation bonds to fund projects for SGMA implementation, stormwater treatment, wastewater recycling, improvements to the Friant Kern Canal, water conservation, infrastructure repair, in addition to other programs of importance to our city and other local agencies; and NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City Council formally endorses Proposition 3, the "Water Supply and Water Quality Act of 2018"and encourages residents of Bakersfield to vote for the measure in November. ---------------0000000-------------- Page 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney R1/d11 S:\COUNCIL\Resos\18-19\Prop 3 Water.Reso.Docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent -Resolutions g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 8/21/2018 111-11 N 03 SUBJECT: Resolution to authorize a memorandum of agreement with the Kern Council of Governments to receive two changeable message signs under the Kern Motorist Aid Authority program at no cost to the City. STAFF RECOMMENDATION: Staff recommends approval of the resolution and execution of the agreement. BACKGROUND: As part of the Kern Motorist Aid Authority Program, the Kern Council of Governments (KernCOG) member cities are eligible for funding for safety-related motorist projects. Changeable message signs (CMS) that alert motorists of roadway construction, road conditions, and hazards can reduce accidents and are eligible for use on state highways. KernCOG, acting as the Kern Motorist Aid Authority, will purchase and transfer two CMS to the City. CMS' are an important component and useful tool for traffic safety and public safety. The Public Works and Police Departments use CMS for several purposes including detours, road closures, road hazards, DUI check points, and advance warning of events or a traffic situation. The City will be the registered owner of the CMS and be responsible for registering them with the Department of Motor Vehicles. The City will be the lead agency for the operation, maintenance, and use of the signs for a period of five years from the date of execution of the memorandum of agreement (MOA). Upon request by Caltrans, the City agrees to make the signs available for its use on state highways. The City is obligated to indemnify KernCOG for the City's use of the CMS as provided in more detail in the attached MOA. ATTACHMENTS: Description D ReSdUdOlrl D MeirnoiraindUrTl of/kgireeirneint Type Resokltblrl /kgireeirneint RESOLUTION NO. RESOLUTION TO AUTHORIZE A MEMORANDUM OF AGREEMENT WITH THE KERN COUNCIL OF GOVERNMENTS TO RECEIVE TWO (2) CHANGEABLE MESSAGE SIGNS UNDER THE KERN MOTORIST AID PROGRAM FOR ZERO DOLLARS ($0) RECITALS WHEREAS, the Kern Council of Governments (KERN COG), acting as the Kern Motorist Aid Authority, adopted a Financial Plan for operation and maintenance of a motorist aid system; and WHEREAS, California Streets and Highways Code Section 2557(d) states that monies that exceed the amount needed for full implementation and ongoing costs to maintain and operate the motorist aid system, may be used for purposes of safety-related motorist aid projects; and WHEREAS, Use of Portable Changeable Message Signs to alert motorists of roadway construction, roadway conditions, and hazards can reduce accidents; and WHEREAS, KERN COG acting as the Kern Motorist Aid Authority desires to provide funding for Portable Changeable Message signs for use on state highways by each of its member agencies, and WHEREAS, the City of Bakersfield wishes to accept and use the Portable Changeable Message Sign on state highways traversing its community. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. 2. The City Council authorizes the execution of a Memorandum of Agreement between KERN COG and the City of Bakersfield and the transfer of the Changeable Message Signs to the Fleet Division of the City of Bakersfield Public Works Department at zero cost ($0) C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BCE6F047-E786- 4100-A7C3-D669B9A3C760\PDFConvert.11964.1.Reso CMS.docx - Page 1 of 2 Pages - 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 JIM KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM JOSHUA H RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BCE6F047-E786- 4100-A7C3-D669B9A3C760\PDFConvert.11964.1.Reso CMS.docx - Page 2 of 2 Pages - MEMORANDUM OF AGREEMENT BETWEEN THE KERN COUNCIL OF GOVERNMENTS ACTING AS THE KERN MOTORIST AID AUTHORITY AND THE CITY OF BAKERSFIELD THIS MEMORANDUM OF AGREEMENT ("Agreement"), made and entered into this day of , 2018, ("Execution Date") is by and between the City of Bakersfield ("CITY") and Kern Council of Governments acting as the Kern Motorist Aid Authority, a joint powers entity ("KERN COG"). CITY and KERN COG are referred to individually as a "Party" and collectively as the "Parties." RECITALS: A. KERN COG adopted the FY 2018-19 Overall Work Program and Financial Plan; and B. KERN COG acting as the Kern Motorist Aid Authority adopted a Financial Plan for operation and maintenance of a motorist aid system; and C. California Streets and Highways Code Section 2557(d) states that monies that exceed the amount needed for full implementation and ongoing costs to maintain and operate the motorist aid system, may be used for purposes of safety-related motorist aid projects; and D. Use of Portable Changeable Message Signs to alert motorists of roadway construction, hazards and obstructions may reduce accidents; and E. KERN COG acting as the Kern Motorist Aid Authority desires to provide funding for Portable Changeable Message signs for use on state highways by each of its member agencies; and F. CITY wishes to accept and use the Portable Changeable Message Sign on state highways traversing its community. AGREEMENT: 1. CITY shall be the registered owner of the Portable Changeable Message Sign ("Sign") and shall be responsible for obtaining the necessary licenses for the Sign from the Department of motor Vehicles. 2. CITY shall be responsible for obtaining insurance to cover damages that may be incurred when the Sign is deployed, being transported or in designated storage. 3. CITY shall be the lead agency for the operation of the Sign to alert motorists of roadway construction, hazards and obstructions on state highways in the City of Bakersfield. 4. CITY shall be the lead agency for the maintenance of the Sign for a period of five (5) years from the Execution Date of this agreement. 5. KERN COG shall provide funding for the purchase of the Portable Changeable Message Sign for the CITY. 6. Upon request by the California Department of Transportation ("Caltrans"), CITY agrees to make available to Caltrans the Sign on for use on state highways. 7. This Agreement shall be deemed effective on the Execution Date, and shall remain in full force and effect during the useful life of the Sign. 8. This Agreement may be modified or amended only by a written document executed by the CITY and KERN COG. 9. CITY shall indemnify, defend (upon written request of KERN COG) and save harmless KERN COG, its officers, agents and employees from any and all losses, damages, liability, claims or causes of action of every nature whatsoever for physical damage to or destruction of property, including the property of KERN COG, or physical injury to or death of any person or persons, including KERN COG's officers, agents and employees, which may arise out of any act or omission of the CITY, its officers, agents, independent contractors or employees during the performance of this Agreement. 10. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach, or of such provision. Failure of either Party to enforce at any time, or from time -to -time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and in addition to any other remedies in law or equity. 11. Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into in the first instance. 12. This Agreement contains the entire agreement of the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 13. The terms of this Agreement shall be construed and interpreted under, and all respective rights and duties shall be governed by, the laws of the State of California. 14. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other Party by the Party giving such notice or may be served by certified mail, return receipt requested, to the following addresses: TO KERN COG: Ahron Hakimi, Executive Director Kern Council of Governments 1401 19th Street, Suite 300 Bakersfield, California 93301 TO CITY: Nick Fidler, Public Works Director City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 2 15. The individual executing this Agreement on behalf of each Party warrants that he/she is authorized to execute the Agreement on behalf of their agency and that the agency will be bound by the terms and conditions contained herein. 16. CITY acknowledges that CITY, and all subcontractors hired by CITY to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). COUNTY is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. In addition, CITY agrees to indemnify, defend and hold harmless KERN COG, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that CITY's employees, or the employees of any subcontractor hired by CITY, are not authorized to work in the United States for CITY or its subcontractor and/or any other claims based upon alleged IRCA violations committed by CITY or CITY's subcontractor(s). 17. CITY shall observe and comply with all applicable state, federal, and local laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference. IN WITNESS WHEREOF, the Parties have caused this MEMORANDUM OF AGREEMENT to be executed by their respective officers and agents thereunto duly authorized as of the Execution Date. KERN COUNCIL OF GOVERNMENTS CITY OF BAKERSFIELD Cheryl Wegman, Chairman "KERN COG" APPROVED AS TO CONTENT: Ahron Hakimi, Executive Director Kern Council of Governments APPROVED AS TO FORM: Brian Van Wyk Deputy County Counsel "KERN COG" (Additional signatures on next page) CITY [)FBAKER8F|ELO KAREN GOH.Mayor APPROVED /\8T[)CONTENT: PUBLIC WORKS DEPARTMENT Nick Fidler Public Works Director APPROVED AS TO FORM: V|RG|N|A[3ENNARO City Attorney AndrewHeg|und Deputy City Attorney Insurance: NsHoonK.Smith Finance Director ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 7/26/2018 iTiff-11 1.1 SUBJECT: Resolution to add Area 5-97 (4609 and 4619 KimberAvenue) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On August 15, 2018, the City Council adopted Resolution of Intention No. 1979 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District provides for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City has received a letter from the owner(s) of the property described above that waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded for each territory with the Kern County Assessor -Recorder's Office upon approval of these resolutions. ATTACHMENTS: Description D ReSdUdoin adding hrea 5...9'7 to the CW'.) D MD 5 97 EkNNtl Type Resokltblrl BackUIMateir4� D MD 5 97 EkN lb i'i t A D MD 5 97 ExhHM IB D MD 5 97 ExhHM C D MD 5 97 ExhHM D D MD 5 97 ExhHM E D MD 5 97 ExhHM F BackU�p IMa teir4� BackU�p IMa teir4� BackU�p IMa teir4� BackU�p IMa teir4� BackU�p IMa teir4� BackU�p IMa teir4� RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-97 (4609 & 4617 KIMBER AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 5-97, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1979 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-97, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-97 (4609 & 4617 Kimber Avenue), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal S:\PROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-97\RES EST.docx Page 1 of 3 year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 5-97 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2018-2019 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements 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. S:\PROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-97\RES EST.docx Page 2 of 3 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAIN DIST\ Form at ion Documents\Area 5\MD 5-97\RES EST.docx Page 3 of 3 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-97 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4609 and 4617 Kimber Avenue and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-97\PW DIRECTOR'S REPORT.docx EXHIBIT 1 installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2018-2019 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-97\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 5-97 An area located in Section 3, Township 30, Range 28 M.D.B. & M., more particularly described as follows: SPR 18-0026 4609 & 4617 Kimber Ave. Bakersfield California Containing: 1.1 Acres, more or less. I *AV : I 1 1.1111 W-11 MAP AND ASSl�::::::::SSMlEN r DIAGRAM �IFOR ADDITION oiF rERRITORY 5-97) ro rHE CONS011 IDATEb MAINTENANCE DISTRIC'.1 BAKERSFIELD, CALIFORNIA =112112111110"m CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles -Riverside -Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre MAINTENANCE DISTRICT AREA 5-97 Said assessment is made in accordance with the benefit formula attached hereto. 2018-2019 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D Assessor's Tax No. 173-390-13-00-3 Total Date: MAINTENANCE DISTRICT AREA 5-97 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Total amount to be collected for FY (2018-2019) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 Inclusion of a Stibdivision into the Consolidated Mairiteinance Distirict City of Bakersfield - PuUlic Works Depairtirrient Attn' Daniel PadHla 1600 rrUXtlllin AverlUe Baficeisfield,Californra 93301 Dear Mr. Padifla: RE Inclusion o,f (chocme one il,.)f me foucmving) Tract Map - Parcel Map - Parcel IMap Walver No. 8-002(,,5 iin a Consofidatedl Maintellancle District (CMD) We, the Lmdersgneidl, as owners of thle propefty iilnclluded within (choose one �,rfthe Tract Ilk ap - Parcel Map IfFlarcer IMap Waiver [rereby request,that the piropefty be irmllu.ded with[iiii the CMD, TH's request us in accoirdance ,Mth the reqUirements of Bakersfi6ldVliunk";pal Code Section 13,04.021 Eincllosed iis a checf< for $ ................... ... - as required by the Gly to cover, Vie costs of tNs inckisiorl int"O the (3,MD If requested, oUr engineer wHf suplpl:y you with a cornputer disk copy ('")f the rnap fm ycxir use, �Ale Understarid that under Proposition 218 aind Governirient Code secfioin 53753 ("aj,)pficable �aw"), a Uty COLjnc�l hearurig wiH be h6d foj�r pu,,irposes of unckj6ng tille above property within the CMD and determining the amount of assessrnents, We herel)ywaive our right to have a heairing with.Jn the firne parairneters set forth urn the applicaUle! paw. We ftlftheir understand tilat flV,n Ihearing is, schedt0ed foin''' —"' 1 20 at 515 in 'the Councfll Chanibeirs located at 1501 "FrUxtUll Ave- BakeirsfieK CA 93301, VVe hereby warve our right to fuirtheir notice of that t"ieahng, FZespectfuflfir„ ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 8/15/2018 111-11 V 03 SUBJECT: Amendment No. 1 to Resolution No. 064-18 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In accordance with the Subdivision Map Act and the Bakersfield Municipal Code (section 16.20.100; attached), the City must have a city surveyor in order to review and sign final maps for subdivisions. The requirement to be a licensed surveyor is not part of the job description for any City position. Prior to January 1, 1982, a registered civil engineer licensed in California was also a licensed surveyor. For the majority of the past 24 years, management level employees in the Public Works Department had served as the City Surveyor. Following the recent retirement of the Assistant Public Works Director, the Public Works Department was left without a management level employee with the necessary license to serve as the designated City Surveyor. However, the Public Works Department does have a supervisory level employee with the appropriate license who has been designated to serve as the City Surveyor while management level employees work to obtain the necessary license. During the period of time the supervisory level employee has acted as the City Surveyor (which is a function outside the scope of duties for this position), he has been provided with additional compensation in the form of five percent acting pay for the hours worked in this function. Due to CalPERS limitations on the duration of such acting pay, City staff recommends this amendment to the management and supervisory resolution in order to clearly articulate the compensation for a supervisory level employee designated by the Public Works Director to serve as the City Surveyor. The additional compensation will provide a five percent increase in base pay for a supervisory level employee in the Public Works Department for the hours worked as the City Surveyor. This action will allow the City to keep this function in-house without the added expense associated with utilizing an external engineering firm. ATTACHMENTS: Description D Arneindirneint No.'t to Resokltblrl 064 18 D Sectbin,16 201,10 of the IBalkeirsfll6ld MUINCi'ipaCode Type Resokltblrl BackUIMateir4� RESOLUTION NO. AMENDMENT NO. 1 TO RESOLUTION NO. 064-18 SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES OF THE GENERAL SUPERVISORY, POLICE SUPERVISORY AND MANAGEMENT UNITS WHEREAS, Resolution No. 064-18 sets salaries and related benefits, for employees of the General Supervisory, Police Supervisory and Management Units. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield that effective September 5, 2018, Resolution No. 064-18, is hereby amended as follows: 1. Resolution No 064-18 is hereby amended by addition of the additional pay of the following class title in the Supervisory Unit: • Certified City Surveyor Any Supervisory Unit employee in the Public Works Department who is officially designated by the Public Works Director to serve in the role of "City Surveyor" shall receive a 5% increase in pay for the hours worked as City Surveyor. This additional pay does not apply to Management Unit employees. ----000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER CHRISTOPHER GERRY CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED By KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City Attorney 16.20.100 Statement of city surveyor I Bakersfield Municipal Code 16.20.100 Statement of city surveyor. A statement by the city surveyor is required on the final tract map. He or she shall state that: A. He or she has examined the map; Page 1 of 1 B. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, C. All provisions of the Map Act and this title applicable at the time of approval of the tentative map have been complied with; D. He or she is satisfied that the map is technically correct. All such statements shall be dated. (Ord. 3597 § 1, 1994; Ord. 3515 § 1, 1993) The Bakersfield Municipal Code is current through Ordinance 4942, passed August 15, 2018. Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the city clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.bakersfieldcity.us City Telephone: (661) 326-3000 Code Publishing Company The Bakersfield Municipal Code is current through Ordinance 4942, passed August 15, 2018. ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements j. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 8/28/2018 &1[11 1.1 SUBJECT: Agreement with AEG and Keith Barnes dba KB Concessions for the operation of concession stands at Valley Children's Ice Center of Bakersfield and the McMurtrey Aquatic Center. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 2003, the concessions at the McMurtrey Aquatic Center and adjacent Ice Center have been operated by ESC Enterprises, Inc. ESC has provided notice to the City that it wishes to terminate its Concessionaire Agreement No. 12-158 with the City and AEG, effective September 6, 2018. Kevin Barnes of KB Concessions has expressed interest in providing concessions and catering services for the centers upon termination of the ESC agreement. As there is a desire to continue to provide food and beverages options for patrons at both facilities, City staff proposes entering into an agreement with AEG and KB Concessions for concession services. KB Concessions currently provides similar services at the Tarina Homes Sports Complex at Mesa Marin. City staff has been satisfied with the services rendered to date. Under the proposed agreement, KB Concessions services includes the sale of the following items at the McMurtrey Aquatic Center and Valley Children's Ice Center: • Food of all kinds, including, but not limited to, candies, cooked foods, prepared foods, ready -to -serve foods, sweets, desserts, potato chips, nachos, pretzels, ice cream, and popcorn; • Beverages of all kinds excluding alcoholic beverages KB Concessions will work with City staff to develop a list of menu items that is balanced and contains a variety of foods, including healthy options. Additionally, concession operations within the Valley Children's Ice Center only will be under the supervision of AEG Management to ensure compliance with this agreement. Under the terms of the agreement, KB Concessions will remit 15 percent of the gross concessions receipts received from non -vending machine sales and 10 percent from vending machine sales to the City. The City would like to thank ESC Enterprises for its 15 years of services to patrons at the McMurtrey Aquatic Center and Valley Children's Ice Center. F-11 i all M I ��i 14 Ll k &I Description Type D ConcessbinAgireeirneint ceCeinteir&MCMUirlirey Agireeirneint AGREEMENT NO. CONCESSIONAIRE AGREEMENT This CONCESSIONAIRE AGREEMENT ("Agreement") is made and entered into on by and between CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY"), AEG MANAGEMENT BAKERSFIELD, LLC, a California limited liability company ("AEG"), and KEITH BARNES dba KB CONCESSIONS, a sole proprietorship ("KB"). R E C I T A L S WHEREAS, CITY owns and operates the Valley Children's Ice Center of Bakersfield (herein "Ice Center") located at 1325 Q Street, Suite 100, Bakersfield, California, 93301 and the McMurtrey Aquatic Center (herein "Aquatic Center") located at 1325 Q Street, Suite 200, Bakersfield, California, 93301 (the Ice Center and the Aquatic Center are collectively referred to herein as the "Centers"); WHEREAS, KB is engaged in the business of (i) selling food and non-alcoholic beverages and (ii) providing restaurant and catering services; WHEREAS, since November 5, 2003, CITY has utilized ESC Enterprises, Inc. ("ESC") to provide concession and catering services for the Centers; WHEREAS, ESC has provided notice to the City and AEG that it wishes to terminate its Concessionaire Agreement (Agreement # 13-158) with the City and AEG effective September 6, 2018; 1 WHEREAS, KB has expressed an interest in providing concession and catering services for the Centers, as provided herein, upon the termination of the ESC agreement; WHEREAS, pursuant to Agreement No. 13-038 ("Management Agreement") between AEG and CITY, AEG is the manager of the Ice Center; WHEREAS, the Management Agreement provides AEG with the right to approve any new agreement for concessionaire services for the Ice Center, and AEG has approved this Agreement with KB; CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 1 of 14 WHEREAS, the Management Agreement also requires AEG, within its reasonable control, to supervise KB to ensure that it complies with its obligations under this Agreement as those obligations relate to the Ice Center only; and WHEREAS, CITY desires to grant to KB sole and exclusive right to operate concession and catering services at the Centers based, in part, on KB's experience in concession and catering services, and KB desires to conduct such business. A G R E E M E N T NOW, THEREFORE, incorporating the foregoing recitals herein, CITY, AEG, and KB agree as follows: 1. EXCLUSIVE AUTHORITY TO OPERATE'. Subject to the terms herein, CITY hereby gives to KB an exclusive right to operate and conduct a concession and catering business through manual service and other methods (the "Services") for the sale of the following items in the Centers: 1.1. Foods of all kinds, including but not limited to candies, cooked foods, prepared foods, ready -to -serve foods, sweets, desserts, potato chips, nachos, pretzels, ice cream, and popcorn; 1.2. Beverages of all kinds, excluding alcoholic beverages, except as provided in Section 1.1. KB must work with CITY's Recreation and Parks Department in developing a list of menu items that is balanced and contains a variety of foods, including health options. As long as this Agreement remains in full force and effect, neither CITY nor AEG will, without KB's consent, authorize any other person or entity to, and will not on its own behalf, sell, or offer for sole, at or in the vicinity of the Centers in the areas under the control of CITY and AEG, any of the items listed above. 2. COMPENSATION. 2.1. Accounting Records. K13 must maintain separate and accurate accounting records and other written documentation pertaining to all moneys received and costs incurred in performance of this Agreement for each of the Centers. On or before the 20th day of each month, KB, must deliver to CITY and AEG a true and correct statement of the total amount received by KB for sales of the items CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCnfr.docx Page 2 of 14 identified in Section I above ("Gross Concessions Receipts") for each of the Centers for the prior month. 2.2. Payment to CITY. KB must pay CITY 15% of the Gross Concessions Receipts received from non -vending machine sales. KB must pay CITY 10% of Gross Concession Receipts received from vending machine sales. KB must make the payments to CITY outlined in this section within 30 days after KB delivers to CITY and AEG the statement of Gross Concessions Receipts described above. 2.3. Annual Audit of Gross Concession Receipts. CITY and AEG may request a further, in-depth review at CITY and AEG's expense. As soon as practicable at the close of each calendar year (defined herein as January 1 to December 31 of the same year), but no later than April 1, KB, at its sole cost, must furnish to City and AEG, for each of the Centers, an audited statement of Gross Concession Receipts and other amounts payable to City (with reference to the requirements of this Agreement), prepared by an independent, certified public accountant. 3. USE OF CENTERS. 3.1. Concession Premises. CITY and AEG will make appropriate concession premises available for the sole and exclusive use of KB ("Concession Premises"). CITY and AEG will also make available to KB, on an exclusive basis, such fixtures and equipment necessary for KB to provide the Services. A list of all CITY -owned fixtures and equipment is attached hereto as Exhibit A and incorporated herein by this reference. Notwithstanding anything to the contrary in this Agreement, CITY and AEG may enter the Concession Premises at any time for any purpose. 3.2. Periods of Operations. KB must provide the Services prior to and during each event held at the Centers and at such other times as reasonably necessary to serve patrons of the Centers as determined by CITY and AEG. CITY and AEG will determine the number of concession stands to be used at any given time and their hours of operation. 3.3. Utilities. CITY and AEG will provide, without charge to KB, utilities such as heating, water, cooling, air conditioning, general lighting and electricity, phone, and any other utilities needed to run all areas used by KB in providing the Services. CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.iceCntr.docx Page 3 of 14 3.4. Trash and Garbage. All trash and other debris must, of all times, be wrapped and maintained in fully covered containers so as to be kept odor and insect free. KB will comply with the policy implemented by CITY and AEG for the disposal and recycling of trash and garbage produced by the Services. 4. SERVICE AND FOOD QUALITY. 4.1. Staffing. KB must operate and staff all concessions and catering services in proportion to the levels of attendance expected at the various activities and events scheduled at the Centers as directed by CITY and AEG. In addition, KB must provide high qualify service consistent with those activities and events. 4-2. Food. All food and beverage items offered for sale by KB must be of high quality. KB must not offer for sale any food or beverage items which are spoiled, are of poor qualify, violate applicable health regulations, or are otherwise unfit for consumption and must remove any such items immediately from any food preparation or service area. 4.3. Approvals. CITY and AEG must approve the quality, quantity, price, and brands of all items of food, beverages, and other items to be sold under this Agreement. Prior to revising the prices charged for the items sold by KB, KB must submit the proposed prices to CITY and AEG for their approval. CITY and AEG will exercise in a reasonable and timely manner their right to approve changes in such prices as may be periodically requested by KB. It is understood and agreed by CITY, AEG, and KB that the prices charged for the Services will be comparable to those found in other similar facilities. KB must post prices on approved menu boards, which must be attached permanently to all stands and portable carts. KB may not install any signs or menu boards without CITY's prior approval. KB may alter product types and prices based on market. KB recognizes that Pepsi has exclusive rights to certain beverage categories at the Ice Center and that there are no exclusive rights to beverage categories at the Aquatic Center. 4.4. Compliance. KB's performance hereunder must conform to the requirements of all applicable federal, state, and municipal laws, statutes, ordinances, and regulations. All foods and beverages acquired by KB must be stored and handled at all times consistent with applicable standards of sanitation, preservation, and purity. KB CONCESSIONAIRE AGREEMENT 5:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 4 of 14 must procure and maintain all licenses and permits required for providing the Services, including, but not limited to, health certificates for all concessions and catering employees. 5. CAPITAL IMPROVEMENTS, EQUIPMENT REPAIR, MAINTENANCE. 5.1. Smallware. KB must supply, at its own cost and expense, all pots, pans, dishes, glasses, flatware, linens, and other "smallware" items required in connection with the operation of the Services. 5.2. Equipment and Improvements. CITY and AEG will, at their own cost and expense, maintain and repair the concessions equipment and improvements in good working order and replace that equipment and those improvements when required in accordance with sound business practices. 5.3. Maintenance. KB will be responsible for the ordinary housekeeping and cleaning of their exclusive concession operation area. 6. EMPLOYEES. 6.1. Employee Attire. KB's employees must be neatly attired in clean and appropriate clothing. AEG reserves the right to determine whether clothing worn satisfies the obligations of this section. 6.2. Training and Supervision. KB must train and closely supervise all of its employees so that they are aware of the high standards of cleanliness, courtesy, and service required by CITY and AEG. 7. CONTAMINATION. KB must make all efforts to protect the purchase, storage, preparation, and serving of the concession items from adulteration or contamination, whether from terrorist acts or otherwise. KB will cooperate with CITY and AEG in connection with the foregoing and will immediately notify CITY and AEG of the occurrence of any such adulteration or contamination and of the steps taken and to be taken by KB to control the spread of, and to eliminate, such adulteration or contamination. KB will be responsible for reimbursing CITY and AEG for the costs, expenses, and liabilities incurred by CITY and AEG arising as a result of such adulteration or contamination. CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession. Agree.IceCntr.docx Page 5 of 14 8. TERM AND TERMINATION. 8.1. Term. This Agreement will commence upon the date first written above and terminate on September 6, 2021, unless terminated sooner as provided in this Agreement. 8.2. Termination. Notwithstanding anything to the contrary in this Agreement, this Agreement may be terminated by any party upon 30 -days written notice, served by mail or personal service, to all other parties. 8.3. Effect of Termination. KB will vacate the Concession Premises in "broom clean" condition no later than 11:59 p.m. on the date this Agreement is terminated as provided above. Any and all improvements made and fixtures installed before or during the term of this Agreement or any prior agreements between CITY and KB for the Services are CITY's property and may not be removed by KB while vacating the Concession Premises. 9. INSURANCE. 9.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, KB must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 9.1.1. 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 $2,000,000 per occurrence/$4,000,000 aggregate. The policy must: 9.1.1.1. Provide contractual liability coverage for the terms of this Agreement; 9.1.1.2. Provide unlimited products and completed operations coverage; and 9.1.1.3. Provide premises, operations, and mobile equipment coverage. CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\1&19\KB.Concession.Agree.IceCntr.docx Page 6 of 14 9.1.2. Umbrella liability insurance, with limits of not less than $1,000,000 per occurrence, in excess of the underlying insurance policies required in this section. 9.1.3. Crime and Fidelity Coverage, with limits of not less than $50,000 per occurrence for (i) employee dishonesty; (ii) forgery or alteration; (iii) theft, disappearance, and destruction inside and outside the Centers; and (iv) robbery and safe burglary inside and outside the Centers. 9.1.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, KB is required to secure the payment of compensation to its employees. Pursuant to Labor Code Section 1861, KB must submit to CITY the following certification before beginning any work under this Agreement: I am aware of the provisions of Section 3700 of the Labor Code which require everyemployer 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, KB 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. 9.2. General Provisions Applying to All Insurance Types. 9.2.1. The commercial general liability and the umbrella liability insurance policies must contain an additional insured endorsement in favor of: 9.2.1.1. AEG and its parents, subsidiaries, and affiliates, and each of their respective owners, directors, officers, employees, representatives, agents, lenders, sponsors, successors, and assigns; and CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-14\KB.Concession.Agree.IceCntr.docx Page 7 of 14 9.2.1.2. CITY and its mayor, council, officers, agents, employees, and designated volunteers. 9.2.2. All policies required of KB must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by CITY, KB 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. 9.2.3. All policies required of KB must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of KB's insurance and must not contribute with it. 9.2.4. 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. 9.2.5. Unless otherwise approved by CITY's Risk Manager, all insurance policies must contain an endorsement providing CITY with a thirty -day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. Upon CITY's demand, KB must deliver copies of all policies required by this section to CITY's Risk Manager. 9.2.6. The insurance required in this section must be maintained until this Agreement is terminated. 9.2.7. When KB submits the executed Agreement to CITY, KB must furnish CITY's Risk Manager with a certificate of insurance and CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\ 18-19\KB.Concession.Agree.IceCntr.docx Page 8 of 14 required endorsements evidencing the insurance. CITY may withdraw its offer of contract to KB or cancel this Agreement if KB does not provide certificates of insurance and required endorsements prior to or at the time of execution of this Agreement. 9.2.8. It is further understood and agreed by KB that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by KB in connection with this Agreement. 9.2.9. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for KB, and all subcontractors must agree in writing to be bound by the provisions of this section. 10. INDEMNITY. 10.1. KB must indemnify, defend, and hold harmless CITY, AEG, and their 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 KB or KB'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 and/or AEG's sole active negligence or willful misconduct. 10.2. CITY will indemnify AEG and its officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by KB or KB's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the Services provided at the Aquatic Center. 11. MISCELLANEOUS PROVISIONS. I. Merger and Modification. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 9 of 14 written representations. This Agreement may be modified only in a writing approved by CITY's Council and signed by all the parties. 11.2. Exhibits. In the event of a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 11.3. Compliance With All Laws. KB must, at KB's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and must faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required and applicable Department of Justice fingerprinting. 11.4. 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 does not apply to the interpretation of this Agreement. 11.5. Counterparts. This Agreement may be executed in one or more counterparts and each of such counterparts, for all purposes, will be deemed to be an original, but all of such counterparts together will constitute but one and the same instrument, binding upon the parties, notwithstanding that all of the parties may not have executed the some counterpart. 11.6. Notices. All notices relative to this Agreement must be given in writing and must 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 must be addressed as follows, or at any other address designated by notice. CITY: CITY OF BAKERSFIELD Attention: City Manager 1501 Truxtun Avenue Bakersfield, CA 93301 CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession. Ag ree.IceCnfr.docx Page 10 of 14 AEG: AEG MANAGEMENT BAKERSFIELD, LLC Attention: 800 West Olympic Blvd. Suite 305 Los Angeles, CA 90015 KB: KEITH BARNES 11.7. Forum. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement must be instituted in Kern County, California. 11.8. Further Assurances. Each party must execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 11.9. Assignment. Neither this Agreement, nor any interest in it may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY and AEG may choose to impose. Should KB sell its operation, CITY and AEG will have the right to approve the sale to a qualified operator with experience in food sales. Notwithstanding anything to the contrary contained herein, any transaction under which any person or persons acquire a majority of the equity or assets of AEG or AEG's ultimate parent company will not constitute a transfer hereunder or require the prior consent of CITY or KB. 11.10. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns, and, whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 11.11. Corporate Authority. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 11 of 14 11.12. Acceptance of Payment. CITY's and/or AEG's acceptance of payment from KB under this Agreement will not constitute a waiver of any provisions of this Agreement. 11.13. Confidentiality. During the term of this Agreement, KB will be dealing with information of a legal and confidential nature, and such information could severely damage CITY and/or AEG if disclosed to outside parties. KB will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents KB prepares and confidential information given to KB under this Agreement are the exclusive property of the CITY and/or AEG. Under no circumstances will any such information or documents be removed from CITY and/or AEG without CITY and/or AEG's prior written consent. Notwithstanding anything to the contrary contained herein, the provisions of this Section do not apply to, and KB will retain and be entitled to remove upon the expiration or termination of this Agreement, any and all personnel, operating or other manuals of KB which have been prepared by KB and utilized by it in connection with the performance of its obligations hereunder. 11.14. News Releases/Interviews. All news releases, media interviews, testimony at hearings and public comments by CITY and/or AEG will be prohibited unless authorized by CITY and/or AEG. 11.15. Independent Contractor. This Agreement calls for the performance of the services of KB as an independent contractor. KB is not an agent or employee of CITY and/or AEG for any purpose and is not entitled to any of the benefits provided by CITY and/or AEG to its employees. This Agreement may not be construed as forming a partnership or any other association with KB other than that of an independent contractor. 11.16. No Tenancy Created. The only relationship created by this Agreement is that of CITY -contractor. This Agreement is not intended to create a landlord -tenant relationship, and no such relationship will be inferred from any provision hereof. 11.17. Waiver of Default. The failure of any party to enforce against another a provision of this Agreement will not constitute a waiver of that party's right to enforce such a provision at a later time, and will not serve to vary the terms of this Agreement. CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 12 of 14 11. 18. Tax Numbers. KB's Federal Tax ID Number: 571136036 KB is a corporation? Yes No X (Please check one 11.19. Non-interest. No officer or employee of CITY and/or AEG may hold any interest in this Agreement (California Government Code section 1090). [signatures on next page] CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-19\KB.Concession.Agree.IceCntr.docx Page 13 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. CITY CITY OF BAKERSFIELD Z KAREN GOH Mayor APPROVED as to content: ALAN TAN DY City Manager M ALAN TANDY City Manager APPROVED as to form: VIRGINIA GENNARO City Attorney KB .............. H BARNES AEG AEG MANAGEMENT BAKERSFIELD, LLC By: Print Name: Title: By: ANDREW HEGLUND Deputy City Attorney By: Insurance/Surety: Print Name: COUNTERSIGNED: Title: TI rlec'-kov— By: NELSON K. SMITH Finance Director CONCESSIONAIRE AGREEMENT S:\ARENA\Agrs\18-14\KB.Concession.Agree.IceCntr.docx Page 14 of 14 9 AOR1411VAit I AM D m FURNITURE, FIXTURES, AND EQUIPMENT • Nacho Cheese Dispenser — Returned • Coffee Brewer — West Bend 55 Cup • Pizza Oven — Star Proveyor 18" • Ice Machine — Hoshizaki (2: 1 — Ice & 1 — Pool) • Freezer (Small reach -in) — Traulsen • Compartment Sink (Deep well/rack storage) 3 basin — (2: 1 — Ice & 1 — Pool) • Hand Sink — (2: 1— Ice & 1 — Pool) • Mop Sink — (2: 1— Ice & 1 — Pool) • Roller Grill/Hot Dog Grill — Returned • Table (Concession) — Lobby • Chairs (Concession) — Lobby • Point -of -Sale System — Returned • Prep Table — True 28" 2 Drawer • Drawer Warmer — Returned • Paper Towel Holder — Returned + Replaced (2: 1 — Ice & 1 — Pool) • Soap Dispenser — (2: 1 — Ice & 1 — Pool) • Racks for Storage (back room) — 3 (2 — 24x48x86 & 1 — 24x36x86) • Bulletin Boards — (2: 1 — Ice & 1 — Pool) • Menu Boards — 1 — Ice Rink — Pepsi Lighted • Security Safe • Large Menu Boards (1) 9/ 5/1 CC C T 179 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/17/2018 WARD: Ward 5 SUBJECT: Final map and improvement agreement with Sierra Oaks, LLC, for Tract 7288 Phase 1 located south of White Lane and west of Buena Vista Road. STAFF RECOMMENDATION: Staff recommends approval of the map and agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 7288 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Sierra Oaks, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The city engineer may extend the time to complete the improvements upon request. Certificates of occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a notice of completion for the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the developer and is recommending that the Council approve the map. In addition, the improvement agreement outlining the developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. ATTACHMENTS: Description D 'flract 7288 1 Iliryilpiroveiryieirit/kgireeiryieirit D 'Ra ct 7288 1 fmir4I IMa p Type /kgireeirneint BackUIMateir4� Tract 72(13(13 Vkinty Map BackUIMateir4� Wfl THIS IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("'City"') and SIERRA OAKS PARTNERS, LLC a IDelaware Limited Liability company authorized to do business in, California ("Developer"), RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7288 (Phase I (the "Project"), under the provisions of the Subdivision, Map Act (Govt. Code §§ 6,6410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance""), WHEREAS,, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its finial map to City for approval' in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein. AGREE M ENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 161.32.0801, whichever is applicable, required in the resolution adopted by the City Planning Commission, on August 7, 2016, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. G \GROUPDAT\AGREEMENTS\201 8 P'W AGREE MENTS\T7288- V IMP AGR 2. MANN� ER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2,.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee); 2.4. Adopted City standards,; and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. & TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion, 4. RECORDING OF NOTICE OF COMPLETION; ISSUIANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSP,ECTIONS. 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the ]improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this, reference. 4.4. City Building Director will not conduct a final inspection or issue any GNGROVPDAT\AGREENENTS\2018 PW AGREEMENTSV7288-1 IMP AGR certificates, of occupancy to Developer for any lot within the phase" covered by this Agreement (the "Covered Phase") until City records the NCC. 5. GUARANTEE, AGAINIST DEFECTS. Developer hereby guarantees oil features of the Improvements against defective work or labor done, or defective materials furnished, in, the performance of this Agreement for a period of one year following recordation of the NCC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NCC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Required Secluri!y Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the foliowing obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements-, 6.1.2. Labor & Materials/Payment to all' contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040; and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2-1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 6.2.2. Cash deposited with City; or I For tracts that have no phases, the term "Covered Phase" refers to the Project, G:\GROUPDAT\AGREEMENTS\2018 PW AGREEMENTS\T7288-1 NP AGR 6-2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Securijy. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit 8, Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D, 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Secu,rL. The Security will be released as described in Exhibit B,. 7. DEFAULT'; REMEDIES. 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the foliowing exist: 7.1'.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the G:\GROUPDM\AGREEMENTS\2W8 PW AGREEMENM\T7288-1 UP AGR time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement; 7.1.3. Developer has abandoned any of the work on the Improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, Or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2, Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. Demand that any available surety pay for the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will' be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; G '\GROUPOAT\AGREEMENTS\201 � 8 PW AGREEMENT5\T7288- 11 IMP AGR 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered (Phase are completed and approved by City Engineer, and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in, the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. 111-ght of Ent - If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the piluirposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City"s or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's, owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the (Project site or before beginning any work within City's right-of-way, 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of: this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or G:\GROUFDAT\AGREEMENTS\2018 PW AGREEMENTSV7288-1 UP AGR any combination of all of these acts, will not relieve Developer of the obligation to fulfill' this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement, I k b 10.1 Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and empltoyees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of there, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 27$2 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officer's, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and' then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 11. INSURANCE. 11.1. lypes and (Limits of Ilnrsuirance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 11.1.1. 11.1,1. 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 G:\GROUPDAT\AGREEMENT5\2018 P'W AGREEM,ENTSV7288-1 IMP AGR persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. 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: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage; 11.1.2.3. Provide premises, operations, and mobile equipment coverage; and 11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Wolrkers' 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, Developer 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, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and GNGROUFDAT\AGREE:MENTS\2018 PW AGREE MENTS\T7288-1 NP AGR designated volunteers. 11.2. General Provisions Applying to All Insurancelypes. 11.2.1. All policies required of Developer must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to City's advance approval, Developer may utilize a, self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits 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. 111.2.21. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VlL Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated bellow Best's A-:Vll, must be declared prior to execution of this Agreement and approved by City in writing. 1.2.4. 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. 11-2-5. Full compensation for all premiums which the Developer 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. G:\GROUPDAT\AGREEMEWS\2018 P'W AGREEMENTS\T7288-1 IMP AGR 11.2.6. it is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.7. 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, oil subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1, Governing Laws The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising, in any way from this Agreement must be brought in Kern County, California, 12.2. Notices,. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truixtun Avenue Bakersfield, California 93301 Telephone: (6,61) 326-3724 Developer: Sierra Oaks Partners, LLC 11601' olt'house Drive, Suite 220 Bakersfield CA. 93311 Telephone: (661) 851-5002 Email: )eittreim@woodbridgepacific.com G.\GROUPDAT\AGREEMENTS\2018 PW AGREEMENTS\T7288-1 IIMP AGR Surety: Performance Bonding Surety & Insurance Brokerage Attn: Melissa Lopez 15901 Red Hill Avenue, Suite 100 Tustin, CA, 92780 Telephone: (714) 824-8367 Email: mlopez@performancebondling.com License No.: 0 198371 12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabil'ities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but Inot 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 punifive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and' their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Merger and Modification'. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in, any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities, represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to, bind the entities fully to each and all of the obligations set forth in G:\GROUPDAT\AGREEMENTS\2018 PW AGREEMENTS\T7288-1 IMP AGR this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees, This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Multually Draifted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9, Exhibits,. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12.10. Tax Numbers. Developer's Federail Tax Identification No, 46-3074438 Developer is a corporation? Yes No X (Please check one.) 12.11. Non -Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 112,.12. Further Assuirances. Each party will 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. [remainder of page intentionally left blank] G:\GROUPDAT\AGREEMENT5\2018 FW AGREEMENTSV7288-T IMP AGR IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first w(itten above, gm ITY OF BA KERSFIELD SIERR OAKS PARTNERS. LL By.. By: KAREN GOH JIE 0, illftklm-' Mayor Division Manager Central C APPROVED as to form.- VIRGINIA GENNARO City Attorney y: B RICHARD IIGE�IR Deputy City Attorney Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT By----------- NICK FIDLER Public Works Director COUNTERSIGNED: By: NIELSON K. SMITH' Finance Director Attachments: Exhibit A - Choc lust for Notice of Cornp�efion Exhibit B - Required Security Exhibit C - Engineer's Estimate Exhibit �D -- Security G:\GROUPDAT\AGREEMENTS\201 8 PW AIGREEMENTSV7288-1 IMP AGR alifornia [A notary public or other officer completing this certificate rtif Ic ertificate verifies only the identity of the individual who0 signed ho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Kern On August 15, 2018 before me, Melindla E. Arneye, Notary Public (insert name and title of the officer–) personally appeared Jeffrey Ryan Eittreirn who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and! acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on, the instrument the person(s), or the entity upon behalf of which the peirson(s) acted, executed' the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing I paragraph is true and' correct. WITNESS my hand and official seal. i i I MRINDA L AMEYE 0 COW #2247740 z f "0 Notary Pubfic - CahfornHa 0 Z 1 ,0-7 Kern County My Comn My Comm, Expires June 25, 2022f X7 I — Signature (Seal) P,U�BLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS Project No,. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will resuilt in a delay in filing the Notice of Completion and/or in the release of ,any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch l'ist items are complete. OK NA Checklist Item Cit 's punch list, completed and signed off by Construction Ins ector. Monument elevation map provided to the City. Record drawings of the required improvements, signed' by the -Engineer of Record, along with an electronic co Utility com points. Warranty security as required shall be posted "As -graded'" plans, signed by the Engineer of Record,, along with an electronic co' Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments. Maintenance letter from Recreation and Parks Sump acceptance by the Water Department of required') Geotechnical letter confirming s,ump construction per Grading Plan and/or Drainage Study (if required) -7 Other OK NA Checklist item Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved plans. This, shall be stamped and si g nedl by the Engineer of Record. Submit to the City Engineer copies of the sewer video, forms, and the ins pectionlog Provide written verification from the Fire Department that all gates, locks, and keys have been installed or provided to their satisfaction Required Security —7— TYPE OF SECURITY Performance Labor & Materials/ Payment Warranty/ Maintenance WHEN' When Developer submits executed Agreement When Developer Before City records REQUIRED and final map to City for approval submits executed the NOC of the Agreement and final Improvements, map to City for approval AMOUNT OF 100% of the total estimated cost of the 50% of the total 10% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of estimated cost of Estimate attached hereto as Exhibit C and the Improvements as the Improvements incorporated herein by reference ("Engineer's reflected [n the as reflected in the Estimate") attached Engineer's attached Engineer's Estimate Estimate DATE OF Within 30 days after City records a NOC of the 90 days after City 18 months after RELEASE/ Improvements; but, if City discovers that records a NOC of recordation of the REDUCTION Developer performed defective work or labor the Improvements NOC of the or furnished defective materials in completing I unless City receives Improvements the Improvements or Developer damages the written notice that Improvements after City records the NOC, the an action or stop Security will be released only after Developer notice has been has repaired or replaced the defective or filed related to the damaged Improvements to City's satisfaction, construction of the Improvements, in When submitted to City, the Performance which case the Security, on its face, must be effective for no Security, at fewer than 18 months after the Effective Date Developer's request, of this Agreement and subject to the may be reduced to requirements of this sectioni. City may, in its sole an amount not less discretion, authorize a reduction of the face thain the total of all value of the Performance Security, if requested claims on which, an by Developer, once the Improvements are action or stop notice sufficiently completed to make them has been filed operational and usable as a public improvement, If the reduction is authorized, City will use the Engineer's Estimate to clefermine the amount of the reduction based on the portion of the Improvements completed; but, in no case, will City aufli a reduction of the face value of the Security below 50% of the originally required amount. ROOD ESTIMATE for City of Bakersfield Date: 7/30/2018 TRACT NO. 7288-1 Job No: 2750H Prepared By: LGH Item No. Item Description Qty Unit Unit $ Item $ % Complete Remaining Cradling 1. Excavation (under 10,000 c,y,) Street Improvements cy Local Streets (Private Residential Lanes) 2, A,C. Paving (0.2) 3, Aggregate Base (0.4) Other 4. 6" Curb & Gutter 5 6" Concrete Curb 6. Street Lights T Concrete Monument & Encasement 8. Saw Cut TOTAL IMPROVEMENTS 20 % CONTINGENCY TOTAL 669 cy $25,00 $16,725 90% $11,673 Subtotal $1,673 271 Ons $1010,00 $27,100 $27,100 268 cy $70,00 $18,760 $18,760 983 If $40.00 $39,320 90% $3,932 917 If $25.00 $22,925 901% $2,293 3 ea $6,000.00 $18,000 $18,000 3 ea $750.00 $2,250 $2,250 52 If $3.00, $156 $156 Subtotal $72!,,491 ENFORCEMENT 15% OR $15,000 MAX (IF IBOND,) $145,236 $74,163 $29,047 $14,833 $174,283 $ 88,996 $15,000 Faithful Performance Bond Amountl $103,996 Labor & Materials Bonds Amount$94,642 The Minimum Amount for, a Letter of Credit or Cash is 1 $88,9196] 10% Warranty Bond Amount $18,928 10% Warranty Letter of Credit or Cash Amount $17,428 NOTES: L This is a Bond Estimate only and not to be used for pay or any Wier purpose. Prepared Iby Porter & Associates,, Inc. 1.200 - 21 st Street Bakersfield, CA 93301 Z / Page I File Tract7288-1—COB-Bond Estimate xtls [=YHIRIT r. 09105118CCAGENDAPACKETPG 195 City of Bakersfield Bori No. K 13533337 Premium: $8 0.00/./ Sierra Oaks The City of Bakersfield ("City') and Partners, LLC ("Principal") have entered into an agreement dated 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project: Tract No, 7288-1 Improvements --. The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance Bond"). To that eind, Principal and Westchester Fire Insurance Company ("Surety,") are held and firmly bound unto the City in the penal sum of $ 103,996.00 for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, execuitors, and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal or the Principal's heirs, executors, administrators, successors, or assigns ("Principal Parties"), in all things, stand to and abide by, and well and truly keep and perform the covenants, conclitions, and provisions in the Agreement and any alteration thereof made as therein provided, on Principal Parties' part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and indemnify and save harmless City and City's officers, agents, and employees as therein stipulated, then this obligation will become null and void; otherwise it willll be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there will be included costs and reasonable expenses and fees, including reasonable attorney's fees,, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations oin this bond, and it does hereby waive notice of any such chainge, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Civil Code sections, 2819 and 2845. In witness whereof, this instrument has been duly executed by Principal and Surety on Juiv_3J1, 2018. PRINCIPAL Sierra Oaks Partners, LU, B PERFORMANCE BOND Last Revised: Dec�ember 6, 2013 SURETY Westchester Fire Insurance Company By: Its: Erik Johansson Attorney- in -Fact seal EXHIBIT D 09105118 CCAGENDA PACKETPG 20# CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY Of - OranLe I On JUL 3 1 2018 before me, Melissa A. Lopez Notary Public, Date personally appeared Erik Johansson (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/an subscribed to the within instrument and acknowledged to me that he/AvAbsy executed the same in his/be0bbedr authorized capacity(i*, and that by his/keoMw6r signature() on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN, UI'Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA A, LCIPEZ Notary Pubft , Catig(�rrg,,j OfVq%B GIDUMy Z Z Gomr"�slsiwl # 2186226 Exp�ue' Nlar 22, �Avv Signature: —(Sea 1) OPTIONAL Description of Attached Document Title or Type of Document: Number of Pages, - Document Date: Other: Kucm A mem by fiwe pre-senIs Tha WFSTCHESTER FIRE INSURANCE COMPANY, a h orporalvan of the Cormnonwoolth Id if lernsylvanO ilkirlamm to Ihr IrothImnig R050h.nicm Adfq"Ifnd Iry are Dorurl c0 Droc,tarm of flne ✓wid Company an Dccownwr It 21006, In "va "FIES01 VED, 91FIVI Our fnHum(mg aullhounuons IOute lu fWr',wwufVon, lnwivul Vin howilif of fho Compimy, of to)nds urK,*mUwnqp c"vintractq andolher uff ho Company qmilmoll inlo the svdirmry umm of husinumi (("adh a"wFi0en 0k Each al'Ahe Chainvam l0x� pirm"ideril and ffie'vu"o PmqkI,,3r1N fIf JfwCompany va hv,irut,o amhomW lo nxnoulo rely "Numan Commmm"I'll RRI Hod irn Luf lhvW III the C'ornpany winkUm"ho swo of Ifm "Crmpany ("r cillummme" l2� Each duly @p1poinfed Wimml-in-I&I of Me Gurrilfumy is da ire auilhorizv1d tar t,,gow10 Viiny An"un ('�mInIVInlrynIf for anv"I cm Imil"laU l4 Iho Nompony, wider flin, smIlcif lbe f',",ompany nu Whairwmt�, ro Me l'OUJIV flhMir W17 MAKYR 19, ,3u1hfAz(,,0 by the (pi wil of prmem provided frx III such jwrwgii, wrmpn appoinPrenas su"Al v Nwul P) F�ucli or Us, Chamman, II,w Piresodent and I", Vice Promdent, (4 Me ScIrinfv"my m hore'Fy auftto'ect fa,rInO on lw'Ihoff of Wu c",ronpiny, lu oppwW in NNII any porson Ifirp. ammnny,m Iact nr Ihn Cckmp,arky with Rjfl p,'weV and nualorifty to I'mu"1111m Vol, null nn behaN of The d'Yx nlpany Iandei rhe wal Il nhhr9 Comp ony or r4herMIvA, sue'li Wnuen of Ov, Ccrip.,VIny amay he spocifielf In !"lIgh mKirrn "appownirne"L, whch specificallcm norty by by qvicli ni lype r dm."In of V101 -for, 'K Ily Spor ffication A one or roore frImictami, WVnum VInimarric, Pas 14) Fmh Ed Ib(Chajunrin, Ihe PrinuideW mid Vq;e Ir m-"Went's III fho, i",oryVpany Vs hrmeby aulhunmi, fcV arul on bahoff qllho Comp"Illy, ro d(Arl4ine nwimnq arly ufliej ufhcei or MrIComptiny Me31AhoraW W w(Vicum, hi,r and on )nhalf of the 0,)mpnny, urder Iftri CA'm1fmny',4 srW or q"Ejn INN"'on Comilmilmm"m (A pul ('v.'m,Iprwq ip are specifirIJ In such writibmw dWepAmI, which 91pockmion my bo by qwlcmat iypct (Wckm ofWriffrm Iprby storybcalmn rare moro, LE,V Thue sigmirmn or an V cd cm, r m oll'If"T rwr Sm I"we'u'ling i wq 9, bits C,,'jirn'wrnu4q r;ar q porgaicno or OMPIImll cirl pur:51imnl, lin 0,14 rr I am r3oh.mr(In and 9w,, soW fif Ow rarIll'orpe , MWV [u -r affixed h 'R, ",IV I'vic I -A I smdh Wifflcm (,,'rVmnvIrTmnt or wrillum appoRnImvW or rkley yafVun FUR1 HER RE SOLVEL), ftrA lhn ftyrogoing JRt"olution OWU W be devinod hlr be an mcluevve mmmrw(V V if I)$" Is N";mrs and mAlx rl rp I nrrgx"'m, imploy1m% arld Io low pclmm I a, to m ror and cin bah off ol '11,10 Camprony, an'd mich Resolufon shIPIV ru pn Nino cm o0moml w, arloct fte oxorosu rg ony SkIc"I'l power Vq oulluinVy 0•ivrvow, vaIldly Ip m forl Ix v usl r"I Do% hrmotj numirnatu", c"ovislilule "ond rippmril E. A-Alanmoni, Framm Lvflor, Wm,,,s lN Johns,01fl, ferW1d0I'ArwyR, MolIssa I cppz WI ofIVIc, 01"y V4 r��101 Viart6wilvally If (huco IVe mum Ihan on", nanim,,tij, fto lrty. arvj kj�,AIV'I aI1EmrVcVy'VVv(m"l' W make, execkpip, spal ind driliver an IN' ho'haff, arld N, Ills, nrl ar"I Vlfin�,d any and all bonft roMrImu mid r)Ihr,,r wfiIrNp in the nobirp, thin In ponoMos "Vol eximm1nj RIFTY MILLION I & ZERU CE ($50X)(*,0I,,0 0(f and thra nxecullorl c0siudiI w0oqp InTwo 14unw"®r cd Wimp pj ammis r"hmo be aV lalathnpp upon "s"mo r",'cTnlTI as ftpUy 'pVnd FlUnply ftR IT Mey 11II(I b(IrIn dub` arknvMedUiwJ pay Inc rogularly of Iho (,�cwnjpany 0 IN pondpW rjfflrvC, IN WITNESS W 0RIEOF, llbo IIald Slephvn M Hagey Nw, hvreumo his nimme rind alfflmd the wal 0 lho %mid WESTICHIESTE"R FIRE IINSURANCE COMPANY 141 day of IA�w "'10 8 WEE- STCHES ME ,R! FIRE INSURANCE CM MPANY N Staphen M, Rancy, VIoc IFaacWmit C0hAU0f11W(' AJJH OFIRTTPOWWANIA tXXINTY OF "Ift)IDELPHIA, On ffloa 14 flay of may, AV aberime" rain a Notary PUNIC & the (-''rwnrnunweafth W Flenm'yWama In and kyr fhe Gushy rd I;uuw M, Haney Vgcr PremW,Wvm of ho WESTCHES11 ER F11RE rNSURANC8 COMPANY vp "le prImirnally lknown to be, ft, wxlwdwal and offirx,-r wIm o,,roormted Ihir, prfIcedii-q InrAnnnRyll, wid Im Ormi, hf's Px'irx"U"'mf 111p, mr,"no, "Ina 01141, Me s,'wli WWII fu inva pecochng rv�lruimvnt iq "vi, corporaW m"mi of Saild comjpalty� 1)UNV he swd corpovaWsval ur-rd Vim sqjnraure wron dulyrIffimId fily Me mvlhcndy uInddrumiloin M Iho snId and tha9 FIRm0uRion, adali4ed by Ole BI,isud of IDDmtlhors oIf qWlU,'0IapanV, reirmcredto Pri, ho pvotmOnq Vn%,'AumqffVl vs rata w4n kirce INTES I IMONY WHE,,REQf7 I havo hureunIo S4,1 my hand andaffixed my offil"vol and m 11,10 Ulyorf f1hkid(Arphl"I LPrn day lind vem hrAR ahuvu Wrafm �N 0 1, the urdersignmJ kssvataim SerxeWry ofthn WESTCHIESIER FIRE INSURANCECOMPAN(,do VI141 VIC, rulqmrqI Pulffi,'(V AYTOIIINEY, rnrWIRch Me forcYjnivvq isa subMailtially IBirE and confed Wny, ts In W torfn and ii In vpiwffw's whorme" I brydo, horvtanw subscroied my flarn" al, &'X'vvI0Vy mid wof oriho CmpoinrIi,,kin 0*5 arly Of JUL, 31 1120,18 20 Ufa v� T)'...... ... . THIS POINU3 OF AT IORNl Y MAY NO N BE USED 10 EXECUTE ANY BOND WITI N AN ]INCEPTION DA I E AFT F R MAY 14 2020, irff'54,6, Ink I'vio, w'OP 091105/18 CC AGENDA PACKET PIS 202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 1, 2018 before me, Michelle Kimberly Doig, Notary Public (insert name and title of the officer) personally appeared Andrew Murphy who proved to me on the basis of satisfactory evidence to be the persoin(s) whose name(s), istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/h,erfthoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Iinstruiment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. W�HELLEKIMBFWY DDIG Ccepirmssm A 22.41153 NoWtv NWic - NWA ma 01anq, cunly Oy Comm- E.xpire5 MAY 4,2022 =Rt Signature (Seal) llR City of Bakersfield LABOR AND, MATERIALS BONY Bond No, K 1 3533337 Prerniurn: Included in cost of Performance bond. Sierra Oaks The City of Bakersfield ("City") and Partners, LLC ("Principal") have entered into an agreement dated 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvemients for the following project: Tract No. 7288-1 Improvements _ ("Project"). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566 ("Labor and Materials Bond"). To that end, Principal and Westchester Fire Insurance Company ("Suirety"), and their respective heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $'94,642.010 for materials and/or labor, of any kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor, and Surety will pay the same in an amount not exceeding the amount set forth above, Should the condition of this bond be fully performed, then this obligation will become null and void; otherwise it shall be and remain in full force and effect. It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, compainiies, and corporations entitled to file claims under Civil Code sections 9000 through 9566, so as to give a right of action to them or their assigns in any suit brought upon this bond. If suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and' to be included in the judgment therein rendered, Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications, Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 31, 2018, PRINCIPAL Sierra Oa� Partners, LLC SURETY Westcliester Fire Insurance Company Its'` : Its. (zo 'd its: Erik Johansson, Attorney- in -Fact LABOR AND MATERIALS IBOND Last Revised: November 20, 2013 seal C:VLJ101-r r1t 09105118 CCAGENDA PACKETPG 204 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. COUNTY OF Orange I On JUL 3 1 29118 before me, Melissa A. Lopez Notary Public, Date personally appeared Erik Johansson (here insert carne and title of ffic officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/=a subscribed to the within instrument and acknowledged to me that he/skeibbmy executed the same in his/hrdNvdr authorized capacity(, and that by his/Jkrkbbwk signature(m) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: X (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date., Other: MEPCN SA A. V)PC I Notary Public -, Cagljrrrma Orange Clounty comuftsiDfl # 218622fi CORIM. to lees Mar ,2,2j,02 WV"PMW MV- J, Number of Pages: K9.41IwaI4 mr,141 by 01m1w, prommirits- That WESTCHESTER FIIRE INSURANCC COMPANY, a corpDrawIn of iba colmnonwe"Will raft It) We followng irlorAodiby if #16oald of Dirrocims ofthasilId rAmpany isin December 11. 2006, nn, wIt lfi"'N Ifhs°' follomrig authrptizatum ralvile Irl the (�x('icufkmi, for ai id on berimIf of tinn CrImparkyr Of b( arts undruOikovpi, nworri nzanc'm- corgrHms rrmu l nMur wou"'m col"Infimmit's of lis,I Gornruovy v11unv,,fi into IVIP ordinary caurse or I)ugjnps,.s (cladi v) "Wrif1m f.;{grhnrmrlrnur9rir 'p: t0 Each c',f Ike Citmirmmi, hhu, Pirnfulcmi arld "he vice P1 QsAdviqf� of (im Company Is Iwruby millunmil to vorv^cuIv arty Wrkutim t. rvinirulupnarort ri'm avvl on, lryhalf (A thir Cbriwiriany, urdrw itie rw,1,n11 of The Ct'ampany cir torpor mise Ed2E Eovh dulyopprinW ariorriew-m-f"Ict ot wkrl company is Po"vrvhy wifficrum'd W oxeculln "A"I( wum"n ro"Immment Irma and (m bormtr, rtnM filro Corrifsony rindorlho ,"m al 0i fin'Icompany or Wrionviftri, to fh(n exlent frifif sudiI zimon is ruborizet) try itu, Wam of powers jormuded f(m In murk p0mons wv hQen kipprmiryfawrit as mixh mitlfhlilfly vrr WII (3) Fmch of flie Chairman, I [io Py estflent arld ITIVI vice, PirestrIpllh W r Im",("Or rip mo ly to NvIltRy aulhurized, fliI and 4 In bolvifr i )I thn, Cornplmiy, Lo tipprum in wravnq any pei scRr I IhI7 ifijimoy, up (II ii�v, (,",ornifnirvy w1h full pmywer wO auibonly to rmomule, ror rurd on b0i olf of V 'Comrsiny, unrfr!,,,r flip,se,W rA the Cf,,)irnpnrTy nr oufhow'51.,I, suill vvrrlirajn ("unpirnarnents Ill thr, Company as may be stwolved in sf.Ich wrInon appmnIrmorA, w1mch qwrAralwn ruq hohy 'pymmvi lyssa r I, dassi or Wriltpm or by fqlocirwaltnn vf rang %m my paftdw 001m i CommIlmun IF, rHmh W 0"? Dnavmvin, the Pmqidomt and,,fief, Previe'rits or fhn coulpany Ig fur and un Imtholl, ni fl lm comparry, W iiIvkqpIn in wraintri any rMvv qi1ffii;',,iIr 1 tha C"ou,parwylho w0lurjl-I to uxufgAft fuT rind wk Nibalf of khe ("onlip"m IV, Ander ft t',oni,panV'z,,, swmol ulliervoisn' mm"'11 wrillbun Cuinnirnffilvnfs 0 Irre Claniqlwly tIm' "m fpmqwri Iin .5uch wrimln whm,",,rf specific'mmurl Truly I'm, VW peneurO tyl-'m ox da&s & Wnfinti tNusnnrnfrpinragram ni by spocifir,otion III orw or rin"in pmlyciftm Wrnlen Carnamnusils (5) 1 fti'! s"Ign"'mufa of any offifxjrlar Wher pecson ru» rwsaaruruy,any WfA I nin cr appNiAment rx rRileoW ion fwIrsuni it IE:lfwa flpsuIrAII of 0 00 se'af of curnpany, runny he affixna by rarmimfle 4"In qi)v,,h WiliflrIn or mfflors apipciinimeril of F103 1`111103 Rp"', SOLVr'D, fh,,A Me fafugoing Resokmon 00 nut bu Jtmm,,d W be an mdurqV0 WIRI'M.Iml of tho jywo,"b ',jind Iwthivsy rIf ufters, rmnpIpyov,,, and othew primumi 14Q mri for an0 an herraff Elf the. Gornpany, vmr surfi Rot4rgotioni shafl nol lunq in Uit?"ormsc affucl r'NtftKorcrpm ar ,Iiny mIch pwair orarythilery Imflhcvsnse vaNctly fyarqml m, voRl"d, Dool", Nveby ni'vilmaler cumAhAW,a ond appimint Erik Juhavissuri Nurwms Lefler, kiow"'r W lohinvin, Junnifer Air)i9ya, Melmm upoz Wj of iiiv city of rusf rim arrich Rndiwduaily 0 rhf!,vvl be, virun Man iom navriml, ls Ime and famrul lu Ind,ko, uxolr"wte' seal �'tn',J delivor cm Its kr*rMl, rind m im "d arrd dprW any and all bunds, q'sww�,,xUo and cthn Iwrr4rigs in the nah#o "wrijew in pon0turI Hl7iry MR.UrrN [XX LARS &ZERO CUP 9 erld Ole eXOGLIWArl or sur h irurrttrhpps in of iheme pi'mumtA *Irwdi be as binr*st upon wflcl Ctpmpariy, gar Mily ml 'winply Im if Lhey had We" duly 0XIEN11ROIJ by the refjUarly tilk3ed c4 IN mpw,aY at lin nrijcv, IN WITNEW'INHFIRE(k, ffie avIrd Stophon M t+Invy, hm; hevourRio, sui'mugomA W narrIp, and affkind the col rpnpaW ,,r ,a9 rip itv" Iwmd WESTCHFMTER FIRE INSURANCE COMPANY 011s 14 clay May 20 L i WE".STCHESTER FIRE IN�SURANCE COMPANY 1w, (Is" Sw'phen M Haney %'ic'c ple"friftur OF LIENNSY[MAN11A COUNI Y 01P RrHLAF.-Iffi, Pilli'A S& On thir, 14 dnyO Mny, 7018beiv7w me, rah otary Public Ithe 0 IiIrmsylvoroa pri, mr) for ilreCamlly of phmJrnmletlp frhtr mring" sortowmil M tifthe WEs=HEISTER FIRE INSURANCE OOMPANY la uno personally known to bP ife INITIVAIL0 MR0 uffiouirwtv rIx9cufomj rhe precoding m.quinent, rind ny, m4nrmft'W$'jwmJ Wat ho nxoculorl arra snimv,, and IINO the swan nIffixed Lo pmrurt Prlmiumftnu rnstrurnent hen 0he carfirmain spial osaid Cowdinny, IfiM rhrr sukl ccirpiorule sw,,A arld hIs i'flo'llUff'r wal"p, duly ""IffixodIfo y 11114 ")UMAly an0inirrwilcin or Irm s,,ould (jrirf,)0nAkmx giniJ thkll micipled by khe, ulowiJ of Diforlors of Smd CcortImirly, IrWornad W in the, pum"I"clIng lins1ru"lont, m now 111'� ftsur. I UE:En HIM010WHEREOF, I have humun,to wwt guy 4i"4nd a'fld Mixed my I,rffll.r hu+,eW m Ihfi Glyof ir"hilia'Iferphim fliv day imul gmur Iwv Wwvol wdvm t, Lhe umJeoI1LlnwJxim und taw 1,r rap5OrvrIavy � We WFSTCF1E%TER FIRE INSURANCE COMPAN11Y In hmohy ,amity ftal N'lNIER, INI OM101 the, rpor"prxrog is vi muImunisilly tilso ao ndoc�rre �"x'lpy' IS In 'I'Al fiffm"' In I Kam nennoink I siAm"'nbed my norno as AIWIAmi &wueknqv, and nuix0f] 11're, vorpwato ;pim4 of the Q t% eisrtrrrrr Ifts Jmy of J U L 3 20 THIS P()WER OF A ri ofRNr-,,y MAY No r BE USEL) [0 FXECA)TE ANY BONI) WI P1 AN INCU"'HWI! DA 11" AF C ER MAY 14, 2020. coahnns, "ahhw baikf'p vh'n�l' hIrd m"Ir" tmwI' re, ar'fii ,,, wWmm f ........ .. 09/05/18 CC AGENDA PACKET PG 206 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attachedl, and not the truthfulness, accuracy, or vafldity of that document. State of California County of Orange On Alugust 1, 2018 before me, Michelle Kimberly Doig, Notary Public (insert name and title of the officer) personally appeared Andrew Murphy —I who proved to me on the basis of satisfactory evidence to Ibe the person(s) whose name(s) Ware - subscribed to the within instrument and acknowledged to me that the/ executed the same in histher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[. MICHFILENMOF-RI, D`G NsIsy pwm - caifwnia OrafW iCttrnjy My Comm �'.'wrf'$MAY4,Al�y Signature (Seal) City of Bakersfield J,rJr1VL?1717 Bond No: K13533337 Premium: Included in cost of Performance bond. Sierra Oaks The City of Bakersfield ("City"') and Partners, LLC ("Principal") entered into an agreement dated , 20 (Agreement No. J ("Agreement"), through which Principal installed and completed, in accordance with the standards and specifications outlined in the Agreement, certain designated public improvements for the following project: Tract No. 7288-1 Improvements _ ("Project"). The Agreement, incorporated herein by this irefereince, requires Principal to furnish a bond securing its obligation to reimedy any defects in the Project caused by faulty materials or workmanship ("Maintenance Bond"), To that end, Principal and Westchester Fire Insurance Company ("Surety) and their respective heirs, successors, executors, and administrators, jointly and severally, are hereby held firmly bound unto the City in the pe�inal sum of $ 11928-00 - for the remediation of any defects in the Project as required by the Agreement, subject to the provisions below. The condition of this obligation is such that, if Principal or Principal's heirs, executors, administrators, successors, or assigns remediate any defects due to faulty materiMs or workmanship and pays for any damage to other work resulting therefrom, which, appears within eighteen months from the date of recordation of the notice of completion of the Project, then this obligation will be void; otherwise, it will be and remain in full force and effect. Owner will give Principal and' Surety notice of observed defects with reasonable promptness. If suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, !including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered, Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extensiion of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845,. In, witness whereof, this instrument has been duly executed by the principal and surety above named, on Jul�y 31, 201& PRINCIPAL Sierra 0aJSs Partners, IJ,C SURETY Westchester Fire Insurance Conipany By,. By: Erik Johansson, Attorney -in -Fact MAINTENANCE BOND Last RevisedMarch 27, 2014 seal EXHIBIT D 09105118 CC A GENDA PA CKET PG 204 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange I On JUL 3 1 2018 before me, Melissa A. Logez Notary Public, Date personally appeared Erik Johansson (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(,K) whose name(') is/we subscribed to the within instrument and acknowledged to me that he/AeO' executed the same in his/beQWw& authorized capacity(i*, and that by his/bedthtdr signature() on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0'� Signature: Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date; iEmME'LiSSA A, LOPEZ Notary Pt�b�jj� . Ca�iforj,N Ornge Courgy Z COMM�9$ion # 2186226 Conlry�. Expires Mar 221 2021 Number of Pages: Power of WESTCHESTER FIRE INSURANCE COMPANY Aftomey r-,Ilrectum fif tho %,,lIdC'omp4r,v oin 2001 ic),N0 "RES01 VED, thaVlhotalfluRoantr auth(mealuInF, riflate to Ino axmibon, for and on behnq ot lhe Nompatfa, nr boncls, ancl oilhorwnIlMm RrRmnfflnvI InIt tho ty'(Aujrflrly orlirm'I"Id Irgo 01h,9frdinacy cxmmp of bkfwnim� (each � '044,ni Emur, ut Phe, i,,'hd,,flIoWHtj, Prowidool and"fe Vim. Frc-sjdmq,� of irw ComlIzIrRy is hIvi'drly Ulvoll^,xl lo r,,,xeculo Ivq Wrgloo (".r.mmutmom III Rlind ul"R bohnit R,,f Irm (,%mpany, undoi the Sent at Me Carnrn,my cir Iahcomsm (2) 11 cruly atpullptei) of the, ComparW is 0eveley ✓ iw I ionzad In pI any W�vfllion 'b ,,.I 10T 'UrWr (Of twhatIr ril ii IV, Co I Iwjxlv�y, LII Ov scm I R If rho Company or rytheimmu'I, in Rhe r,Nwnf ftim mich auIliorized by the ip IiN of powem providiml fifl, in %U(JR lornsipins or irrIKIry PIT�rWillqfflerir o", moh suoniny-oro-Tau , f3'r Em,,,,h of flip, ChMmigtri, it In Prosident ;I I I ho, Vi F" LPI tho I!�A III40#1Y oulbiRlimJ, fix 4 n off behal' of lho Corapanyr 41 I-IdJjrkrlffll IfI RNMR"jj Fuiy porson ou, Mltimey in-rng,,k or I Cminparyy With f1tri p"wor and aII to for sand of I imphatf or the Ccimporry, vundvv rtu,mral of ",e f",ompary ur c0humislS, shah Iftimeo I GolcnnuimI of am Compiny us 9I 1-09) spf,-cfriml III sur,"hwirillfion qfpxIvim(,0 which may im, thy p"Ineral) trjjpe RRI i"WS, Ccumarnurg", cirbyglor lfk:k,,RIjr)v-I ur cirli", of I noor"I WFIftan Ocin,favIrments EAch or lbe fhe rl"'ligidoull mrld R/we RcmdmtI, iff "he r,,,(inqxRII RS thmeby auth-munt, fro amlcm tRolirIff fIl itm Compmj, Ru, Rliplqpre Inwraing any oftl iffrwro iRl al lif h,,,onnpfmy the ouIlho rtly IM exul"wai, rrm, and on rpmwr cif trim r-oirriiiiany vrI Me L.. ,a �rmlll sulh INfirtale uf irlio Compapy ifs au,,,spyfijr[erl Irl mxh milelf) or0og"111RIn, WI loch sqmukattrol may be Ely gig mal [Y[Al OR R"I flWnorm CnImirnikvioll'IN or fA, specrocotion or orm,", I more pmtiicular Alrdloin $II Thic, Wytnatura i1 any ofkoi or oilher pejison menI arty Nl,ilum colurnflnReN or RqRpoimlrerd nif rtlu.9w.afTtmrlrAe rhmulartJ tcl 0m vind dIp Rival Or tho Cumpony, mmif bcls affixod bV hImiumip un suill woltun cmurnlimorg m RwitVin qx Lt(,! mpR,fun FURT FREE RESOLVED, thrid 1,11ci forvII RcImIWI WIll mm be dI UR bo an oxfAsSive sman'Iml 40 Me powni's and aui,hforliy 0 v"Olor."Im, inflploy00% mul r4plar prman"; in, alt';) tolf anti olI betudr oillho, Company, arW siwh N3,golrufiorl sO)AH III h"Iftcm offi,,,vt Rhe opev"Rsn tg,any :qqgr,,;h pcyW,,Ir Rkf aRiVivrnily ptnravj,Ip, wrId,4y qcampo or vogtod. DoIN tufliARy naI COnAtIRL(tV, Orld Ctf�p0inr Errk Joh"mmart, J","Imp's, W,klI AondvrArR;,wy-,), MiAl""so Mll (if the, KUM, Ca,06ofnin, onich indirvidwifty if Rficrr,+ be rnmfA than one '101"Iledr 0S WWI INKI I�TMUI to make, emmme, j,riRA and RIOI on its lan4falf, arkil vis, fm arui and deRxl any arld RoH r4onthi, fRng,*ivkmiq.,,c owckgnmances. T,;,untrilicts am I Wher omliriqp, fn irm nalum their"o m ponollbes rI(,o exumARing FqlY IRI ON WILLARS & ZERO (`*Nl-�,'RIr`I"f'a mwdustc0quOriurtingf, In (4 111 pm,,�,,myfts qNR0 rx, afR bincOgI upon CR)mpany, ras f4ly and ,empty an 4 fliey had been dialy imocoind mid arknowfettI llW the If etplailly elrr, aaddld i0fluors of rhra (,,'ompginy at "s prfri,dpal uffici,a, IN W1 NESS WHEREOF, tha siatict SRqfhan M, I-loric"Y' VIcLrI,Rn,,,i,,,,pdSnk, fI hernixfIbri svb,,4uiI I IRS namo arid,01i"Red RhoCnrpormv Inial of thr,�,,,,Rmd WESTICHIESTER FIRE INSUFRANCE COMPANY 11114 clay of May 2018 xx WEST CHESTER FRE ]INSURANCE ANY 4 .............. . 1-1 Or [IF, NNSYLVAINIA carm,(iI)F PHIL ADUPWA SS On Irva 14 day of May, 2018 bi,,4fif 0, rule, a I RAUlc IA rho Comfffonwel,4ilh WPennsyvanm in qnl frjir ttm� Coumf vitt PJ,iRhvfr,,rf0mR mirtio Stephen ro ilarmy A [ftpp WESTO rESTER Rff-' INSURANCE COMPANY In oic, pof-Icmdlly knomi to I'mi the In1virlual Drid officei who I'mi-i"Wed Illrectliffniq dr of and Jlu n lurm r ah7rcayp9ryd fruIlt he ciIafivRg,,,d Ilm amm, and Oful 11 fo Rmad affixiI in We, pi oveffirttj imsfrumiRmV is the vrpirporaliI or saAid ll„ornpmy. 11W Ihlwl suld oIII Rear alvi flif %ign,"'Iftno We're r47,IU,I afrixPIRA by 0"i 2 awboiny arul OvrROVIOR off 1hr, %I",10 (mrimmabon, irirl Wvo FfesahAun, adupIied rq, 4,he 5oni d fit Qviirmtors of saHl C;ompoi iy, WerreW tel In Rhp pconding m'simillero in BvhN in rixim IN I homv heremin set my hint -rand Rfllmod my DI-flml %IN0 R" the cilyfff phouchAphin Wn"I vlayand yrml rRII abirrvo mil"I'mi J, doe, punflersignud AmRblant Secumary 41 II)w WESTCHESTER FIRE IINSURAWE COMP ANY� do her0y ('rm,fry thal Ulu fillglinall P()JNr,,H (N- Ai I ORINRY, or MIRK1 11 tho fomfyvnq m a sobstarfilmily irur, amt a"mwiaa'wrrI R"opy, m,, Rn rull ronnand OfWrl W wiirknpm wherevA, r havp he",unto mvItmu'llbmat my r*wie mm A rKl4t Irld. Spwratary.m d z0fimod lm corpoirare snall or ffm CoirxRaimn, his dRvy rfr JUL, 13 1 '2018 "uz-y,A,qjzbe M-414 �r 1-,,-swa1-md Secret1111, ...... - 6stary, 'E Is F" 0"I OF A'11014N 1, Y M'AY NOT BE USE D 10 EXEC UTE ANY BONO 'l 11 rtl AN I NCE FT ION DA I E AFTER MAY 14, 2020, A,;4,546 con I a c��,Jmph, b)ue lAfIr,,,pqp ovnd, hloar �u owlth"v 1 (1`0 ,, ,, I ,, ,� , 11 , , , , , � ,,, , , �, , 091105/18 CC AGENDA PACKET PG 210 ACKNOWLEDGMENT [ notary public or other officer completing this j certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or Lvalidit y of that document. State of California County of Orange On August 1, 2018 before me, Michelle Kimberly IDoig, Notary Public (insert name and title of the officer) personally appeared Andrew Murphy who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare, subscribed to the within instrument andl acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by Ihiislherltheir siginature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MI (Seal) Coentswn A 2241153 WMAY Drangw Counfy My ciml. Expiraj ACC>Ra'' CERTIFICATE OF'LIABILITY INSURANCE DATE(MMIOrDrrYYYI CERTIFICATE MAY BE ISSUED' OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8/1W2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE. DOES NICHT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU'RER('S), AUTHORIZED RE'PRE'SENTATIVE OR PR'OD'UCER, AND THE CERTIFICATE HOLDER. IMPORTANT': If the certificate holder Is an ADDITIONAL INSURED, the policy(Nes) must have ADDITIONAL INSURED provisions or be erodaorsed. If SUBROGATION IS WAIVED, subject to the, terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 1$100 1 h Street Bradford ffordIIITsm lralruce A � ncy Ply NQ. CM L661 -283-8100 1 -283-8111 Bakersfield CA 93301-431 ADDR1ESS."r... dNDral�fCard.COm r3he clrlforon INSkPI ERLs APrORr'aNNC'I Cp'NAPR'A'E AmCA rY,,,, .......- rN--uORO„RA n I ed Spe�l;taltt Ins.- . , ENs1aREu ��iEmaR9Is Oaks Partners Lel: INSURER s Slag urpluo rins s Lip ..i�. Co..... 13604Silerra Woodbridge Pacific Group LLC INSURER CFirst Iterruryr Irl-- Co . itD66 272'71 Las Rarriblas, #100 _ INsuRERIIo: MIIssN'an Viejo CA 92691 ... LAWS -MADE �.� OCCUR INSURER E INSURER F: COVERAGES' CERTIFICATE NUMBER.6306591102 RE'V'ISION NUMBER: THIS IS TO CERTIFY THAN THE POLICIES OF INSURANCE LISTA) BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOI.INREMIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH' RESPECT' TO WHICH THIS CERTIFICATE MAY BE ISSUED' OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, ILIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, .ON --R .� ..... Am LyNELTR TYPE INSURANCE S3aPRICYNUMBER NW yy —. ,,... .,�..._. LIMITS A X C 1iMiERCIAL fmPmWERAdIL LIABILITY Y '' 8TO1618266 4412016 41412019 kC'b OCCURRENCE F11- .,diaHwRACETVG'RENS .'..... .... ... LAWS -MADE �.� OCCUR PE,MI'I�E� tiEr� t+a�rrenc�L_ , m 5 E%CLiIApLCD I9I fi EXP (Any one Fa e pmt ff LUDED „ _a... ....... ,� ..... Ip , SPDtM S AL}V IN IMY GE NI I AGGREGATE LIMIT` APPI.IES PER; GENERAL AGGREGATE $ 2,m79b;CIC19 ” POLICY PRO- �...� ............. jECT LOC. PRODUCTS - CCDmWPI'ClT' AGG $2,000,000 11 CmTIHER:. I $ Aam TOPtrCABrLE LNAfaILITY,.-.. ANY AUTCD SCDCAWIB.Y NN�LVRw ILPar parse..... ml �.......... OWNED � S�CRRELALILErA ,... ._... .............. .................. ALTOS ONLY AUTOS BODILY INJURY (Per accident): $ HIRED' WNIL AL 7Ca5 ONLY AUTOSACJTCRS ONLY PS 5ftFiTYDAa,AAAq,,E . Im aic egIJ $ B ... UMBRELLA LAS X OCCUR 100001 22 4/412016 4,1412019 I EACH OCCURRENCE '. $ S,A, ,OOD )( EXCESS LIAO.....,... CLAImtipS-M1ArOEAGC'REGATE'. $ 8„000,000 DED RETENTIL" N $ '$ W'ORXERSCOMPENSATIONPER . ANID EMPILOYERS' LIABILITY Y. I N ... STATkA'11,;"'E,Wn. ER ._ ANYPROPRIE'lOFUPARTNERAEXECLNTNVE' OF PICERA,m EXCLUDED? N / A E'..,L.EACHACCICENT $ .�.... in NH)BE (III sd'urelasrar Im NRS C7NSEASE • E.A EGdPPL E $ If yye�s, dnnbc under .,ELL, .dN... � ..,.. __........ DESCRNPI" o CDP OPERATIONS below E.L. DISEASE. - PO.WCY LINImT $ C EXC-ESSLOASII.rrY OF $84 PRIMARY EXCESS CAEX 7`64701 12II12017 1 41412719 Occurrence LIABIL"NAggregateMi 0000 EH115,,000„,0 DESC PJPTION OF OPERATIONS I LOCATIONS I VENtCLES (AuCORL1101, Additional iRmmnurlwe. SchaduWa„ may be rrrmtached If more space Is required) ANY ENDORSEMENTS ATTACHED AND/OR (DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED A REQUIRED BY WuIRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO, STATUTE AND POLICY PROVISIONS, RE: TRACT 7286 - PHASE 1 THE CITY OF BAKERSFIELD, ITS MAYOR„ COUN'CI'L, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED UNDER GENERAL LIABILITY PER ATTACHED FORM CG20120509 ENDORSEMENT, CITY OF B KERSFIELD PUBLIC WORKS DEPARTMENT 1501' TRUXTON AVENUE IBAKEIRS'FIELCD CA 9330111 Ati'CA'IdLA' GO t;Ltr7 R.9AI,a:3I. SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE (DELIVERED IN ACCORDANCE IB rrH THE POLICY PROVISIONS. Ori rhe ACORO name and logo are registered marks of ACORD . All rights reserved. EXHIBIT E U53159STUMEM 0. S, 0 This endorsement modifies insurance provided under the following: Per Written Contract COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 — Who Is An Insured is amended to Include as an insured any state or govern mental.agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1 . This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or Political subdMsion has issued a permit or au- thorization. Z This insurance does not apply to: a. "!Bodily injury", 'properly damage" or'personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury' or "property damage' included within the "products -completed operations hazard". COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 ,CG 20,12 05 09 @ Insurance Services office, Inc., 2008 Page I of I IMMEM ACC>RDATE1,TI1M2CrT1V8Dny' 'oCETIFICATE F I ILITINSURANCE 081 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE HO'LDDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE H'OLtDER,. IMPOR"T"ANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate (holder in lieu of such, endorsement(s). PRODUCER UUNTACT Marsh (Risk to Insurance Services twA NE' I 349 gVOO 3MISf3DILiaensr1duA3 53Suite 1 fiuTI1 LPHON0, tI �........ II Irvine, CA 31614 AIDPRESS .... INSIJRPIRIs,)! uFFORDING COVERAGE ..---RAb'WC M _ – t hu115' 41 1-fuflain.t"�'alaa 17-1,4 . ... INSURER We ...... Insurance 443'33 — _. sI American _ INSURED, INsuREB r NA N/A 4WcadllJrildpe Pacific Group LLC ...� INSURER c : Granllde SWe Insurance Co23I3tD.... ..... 27271 Las RambNas, Suitt 11(IDf � Sl1RER n . American Horne .A e Co 11939 .. Mission Iele. 6DI uua' Assurance INSURER E NIA .,� ... ........—._ _... N{A., ... INSURER IF COVERAGES CERTIFICATE NUMBER- LOS -002184011-07 REVISION NUMBER: T"HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED) BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWWdTH'STANDMG ANY REQUIREMENT, TERM! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES (DESCRIBED HEIREM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED) BY PAID CLAIM'S. ....... POLucw ......—.----- - -- _. 'TYPE of INSURANCE ��G9oL. �sU�R�... .�............... PodLYCw..u'�Y� r�kD'L.u�Cw IExP NUNIe�ER MM/Otl'1Ywm'Y MMPOO LIMITS COMMERCIAL GENERAL LIABILITY EA(HOCCLIRRENCE S ........ .. — GLeA.P�fJ�-NwM'AaE .]OCCUR ..PREMIII Fc� a occ` :.... .. _1 PREMw aM=S µEa rce m3 ncal .. s MED EXP (Arvy one person) $ ,-.. ..... ... _.... PERSONAL & ADV INJURY CE'N'L AGGRE;AM LIMIIT APPLIES PER - GENERAL AOGREGATF S --- (POLICY ] JECT PRO.I LOC PRODUCTS COMP)OP AGO S OTIHER'. .............. ., .... A ALITOMORIIIELUAaMLITY �BAW195734825 0610512016 106/0512019 CCDM B IINEDSUNGLE—i_7Pi g' 1,000,00D(Ea ecadsso Iy ..... ANY AUT(),BODILY ENJURY (Pere Perron) S .— OWNED — SCHEDULED __ — _.�---...- �---- AUTOS ONLY .�,.` AUTOS EOOALY INJURY (Per accloeno S x HIRED NON -OWNED ..— ... .. �,.,µ.. ...._.... AUP"OS ONLY ADTDS ON'L'Y PROPERTY DAMAGE — --.... .,(,P,es accYrlsgl.I).,, UiMBRE.LLAILIAa OCCUR � IEACHiyCf'DEJRR'E.NCE S' —.. EXCESS LIARDED UMAGGREGATE S .---.-.-.... .m.., Q.LAS-MAGE AND EMPLOYERS' RE'rIEN"RYOrIS 5 C 9V4IORY4ER.......... OMPEtgSA7ndDr7 � h�C66525tA31IIICAp OJT F 13 X Y'ER Tia 5C D Y..., r STA�WTE ER m..... PIERS" LIAWLITY IN AINYPROPRIETORFF"AR'1NERIEXECIJ'TUVE '"'C065'2E08kI3(TX,p OsJlCiT2DG16 C.r123F1:610 '.. . OFFICERIMEMBEREXCLUDED? I'J IN IA E L EACH ACCIDENT1" 5 000,000 _. ... (Mandatory In NI E L DISEASE EA EMPLOYEE $ 1 Q 000 Uf Yes. describe under —.-.._ m .m... ......-. DESCRUPTRON OF OP'ERATIIONS bWow E L, IDESEASE - POLICY LIMIT $ 1,000,000 IaESCRIP'nON OF OPERATIONS 7 LOCATIONS I VEHICLES IACORD 101.,. Additional Remarks Schedule, maybe atfached if nwre s4pa�ce is required) RE; Tract 7268 Phase1 The City of RakersfieW, its mayor, council a#MDcers„ argenus, empayees anj v dunueers are named as adid'Itdcnal insureds as their Interest appears per wrrillen contr'acl. Insurance provided is primary and noncontribuIory. A VVorkm Compensation waiver of subraDaluan applies. CERTIFICATE HOLDER CANCELLATION Office I3akarsMan SHOULD ANY OF THE ABOVE' DESCRIBED POLICIES BE CANCELLED BEFORE I E0 art Rask Ave. ernenf THE EXPIRATION IRATE THERE'OF', NOTICE WILL BE DELIVERED IN Bake shed,, Ave. ACCORDANCE WITH THE POLICY PROVISIONS, Bakersfield, CA S'33Ip'9 AUTHORIZED REPRESIENTA:TIVE of Marsh Risk & insurance Services Pamela Petersen " 19,88-2016 ACORDD CORPOR'A'TION, All rights reserved. ACORD 25 (2016103) The ACORDD name and Ingo are registered marks of ACORO EXHIBIT E 09/05/18 CC A GENDA PA CKET FIG 214 AGENCY CUSTOMER ID: CN1150941 LOC #-. Irvin a ADDITIONAL REMARKS HEDUiLE AGENCY NAMED INSURFD Marsh Risk & tnsuomce Servpces Woodbridge Pacific Group 1.1.0 27271 Las RamOas, Suite 100 POLICY NUMBER Kssian Vejo, CA 92,691 CARRWR � NAIC CODE EFFECTIVE VATE: Page 2 of 2 (9) 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT E 09105118 CC A GENDA PA C PG 215 9LANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENRT This endorsement changes tine PullcY to which it is, attached effective on the inception date of the policy unless a different date is indicated below Jbe fuh0voing 'aftac',hinq clause" rec�f be corrpOeted only uvt,�ejj t6�js enaarsernent is ls�,ued SO)SeqUellt to preparation ofC pojj(,y! This endorsement, effective 12:01 AM 05/2812016 forms a pall of Policy No, WC 065-25-6310 tssued to WOODBRI DDE PAC I FIC GROUP LLC By GRANITE STATE INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injUry covered by this policy. We will not enforce our right against any person or organization with whom YOU have a written contract, that requires you to obtain this agreement from us, ass regards any work you perform for such person or Organization, The addifionA premilum for this endow sernent shall be 2.00 % of the total estimated workers compensation premium for this policy. 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TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 8/24/2018 111-11 N 03 SUBJECT: Master license agreement with ExteNet Systems, LLC, for the installation of wireless communication equipment on City street lights. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Traditionally, cellular service has required the installation of tall monopoles, usually on private property, that provide coverage over large areas. As demands for wireless data have increased, wireless service providers have developed small cell technologies to provide concentrated coverage on a micro level. This concentrated coverage requires more antennas than have been traditionally required. In 2016, wireless service providers and third -party installers of wireless equipment began to approach the City requesting approval to install wireless equipment in the public right-of-way. State and federal law allows these companies to install equipment in the public right-of-way subject to reasonable time, place, and manner limitations. At the time, the City had not developed standards for these types of installations. In September 2016, the City Council adopted Chapter 12.30 of the Bakersfield Municipal Code to provide a framework for the placement of wireless equipment in the right-of-way. The ordinance created three options for approval of installations. Which option applied depended on the type of installation. Generally, smaller installations attached to an existing pole could be administratively approved by the Public Works Director. If the installer wanted to place a new pole in the right-of-way to support equipment or wanted to install equipment on an existing pole that was larger than allowed for Director approval, the second option allowed for Director's approval if the installer provided notice to the adjacent neighbors of the proposed installation and no one objected to the placement. If there was an objection or if the proposed pole did not meet the size restrictions of the second option, the request would be decided by the Board of Zoning Adjustment. Since the ordinance was adopted, City staff has met with all of the major wireless providers and third -party installers to discuss the possibility of placing smaller equipment (a "small cell") on City street lights. The desire is to design these small cell installations so that they only require approval by the Public Works Director under the ordinance. According to industry experts, this type of installation will become routine as the various cellular providers seek to expand the density of cellular networks to satisfy greater demands. The City could eventually see hundreds of small cell attachments within the City limits. Several other cities throughout the state have regulated and authorized these types of installations. Because the street lights are City property, state law allows the City to control their use, including establishing regulations and charging rent. This right to control the ability of wireless providers to use City -owned property, like street lights, was almost annulled last year with Senate Bill 649. The bill, if passed, would have significantly limited the ability for cities to control the use of their own property and would have capped rent payments at $250. The City Council actively opposed this legislation as did over 300 cities in California. Although the bill passed both the Assembly and Senate, the Governor vetoed the bill. The wireless industry continues to press legislators on the state and federal level for restrictions on government control of the use of its right-of-way and property. For the time being, the City is free to regulate the use of its property. Earlier this year, the City Council approved a master license agreement ("MLA") with a third -party installer, Mobilitie LLC, for the use of City street lights, to install small cell equipment on City street lights and then sublease that equipment to wireless carriers like AT&T, Verizon, and T - Mobile. To date, Mobilitie anticipates 13 installations of these attachments. Agreement Another third -party installer, ExteNet LLC (ExteNet), has also requested approval to attach its wireless equipment on City's street lights. Currently, ExteNet plans on 12 installations, but potentially more in the future. City staff has prepared the attached MLA that provides the general structure for ExteNet's use of available City street lights. The MLA provides for rental of the pole, governs the type of equipment that can be installed, requires the equipment to be camouflaged to the extent possible, and includes indemnity and insurance provisions. With limited exception, the MLA before the Council tonight is the same agreement approved by the Council for Mobilitie. For each installation, ExteNet will enter into a pole agreement with the City that provides specific information about the installation. A sample pole agreement is attached as reference. These pole agreements will be executed solely by the Public Works Director on behalf of the City. ExteNet will also be required to secure a wireless facilities right-of-way permit from the City for each installation. Under the MLA, ExteNet has agreed to pay the City an upfront payment per pole attachment of $6,000 and an annual payment of $1,500, subject to escalation. The term of each pole agreement will be 10 years. Photos of some examples of typical street -light -mounted small cell equipment are attached that generally meet the City's design standards for small cell installations. These photos may not represent ExteNet attachments or the attachments of other installers. Conclusion Approving the MLA with ExteNet will allow the City to control the installation of cellular equipment on City's street lights, which limits the number of new poles needed in the public right-of-way. As such, City staff recommends that the Council approve the MLA with ExteNet. ATTACHMENTS: Description D asteir I keinse /kgireeirneint D Pob /kgireeirneint D Photos D Photos D Photos D Photos Type /kgireeirneint /kgireeirneint BackUIMateir4� BackUIMateir4� BackUIMateir4� BackUIMateir4� AGREEMENT NO. MASTER LICENSE AGREEMENT FOR INSTALLATION OF WIRELESS COMMUNICATION FACILITIES ON CITY STREET LIGHT POLES This MASTER LICENSE AGREEMENT FOR INSTALLATION OF WIRELESS COMMUNICATION FACILITIES ON CITY STREET LIGHT POLES ("Master License"), effective as of ("Effective Date"), is made between the CITY OF BAKERSFIELD, a municipal corporation (the "City"), and EXTENET SYSTEMS (CALIFORNIA) LLC, a California limited liability company ("Licensee"). RECITALS WHEREAS, City owns City Poles in Bakersfield, California, many of which are suitable sites for installing Equipment to provide wireless communication services, as defined in the Bakersfield Municipal Code ("BMG") Chapter 12.30; WHEREAS, Chapter 12.30 of the BMC governs the installation of wireless communications facilities ("Facilities") in the public right-of-way, including the installation of Facilities on a City Pole; WHEREAS, Licensee desires to use a portion of one or more of the City Poles, as provided herein, for the installation of Facilities; WHEREAS, City is willing to allow Licensee to use a portion of one or more City Poles subject to the terms herein; WHEREAS, this Master License will govern each and every installation of Facilities on a City Pole; provided, however, that Licensee must secure a Pole Agreement for each separate installation on a City Pole, as provided herein; and WHEREAS, capitalized terms within this Master License not otherwise defined herein will be defined as outlined on Exhibit A, attached hereto and incorporated herein by this reference. NOW, THEREFORE, incorporating the above recitals herein, City and Licensee agree as follows: MASTER LICENSE AGREEMENT Page 1 of aD s:\public works wireless communications facilities\ agrs\mIa. exienet.fnl.dpcx AGREEMENT 1. MASTER. LICENSE 1.1. Scope. This Master License {aj establishes the legal relationship and framework under which Licensee may apply to City for and obtain a revocable, nonpossessory privilege to use the License Area identified in Pole Agreements issued under this Master License for the Permitted Use, (b) governs the fees, charges, procedures, requirements, terms, and conditions by which City will issue Pole Agreements to Licensee; and (c) authorizes Licensee to engage in the Permitted Use only after Pole Agreements are issued under this Master License. This Master License applies only to City Poles identified in final, fully executed Pole Agreements and does not authorize the Permitted Use on any other City Property except the License Areas specified in the Pole Agreements. 1.2. Master License Term. The term of this Master License is ten years from the Effective Date (the " Term "), unless ear€ier terminated as provided herein; provided, however, that the Term may be extended by mutual agreement of the parties through amendment of this Agreement. 1.3. No Property Interest in License Area or City Poles. 1.3.1. limited Interest. Neither this Master License nor any Pole Agreement issued under it creates a lease, possessory interest, easement, franchise, or any other real property interest in any part of the License Area. Licensee will only have the right to use a City Pole for any purpose if City and Licensee have fully executed a Pole Agreement allowing for that use. 1.3.2. Limited Rights. Each Pole Agreement that City issues under this Master License grants to Licensee only a nonpossessory, revocable license to enter onto and use the License Area designated in that Pole Agreement for the Permitted Use, subject to the corresponding Permit, which means that, among other things; 1.3.2.1. City retains possession and control of all City Poles for City operations, which will at all times be superior to Licensee's interest; MASTER LICENSE AGREEME14T page 2 of qb s:\putDIiC wortcs\wirefess communications fr�CiliS'ses�agrs�mlo �xtenws.fnl.docx 1.3.2.2. City may terminate a Pole Agreement in whole or in part at any time, but only in accordance with the manner specified in Section 10.3 (City's Termination Rights); 1.3.2.3. Except as specifically provided otherwise in this Master License, this Master License does not limit, restrict, or prohibit City from using the Poles or other City Property for the City's own purposes or from entering into agreements with third parties regarding the use of other City Property or facilities, including City Poles in the vicinity of any porfion of the License Area; and 1.3.2.4. Neither this Master License nor any Pole Agreement creates a partnership or joint venture between City and Licensee. 1.4. No Impediment to Municipal Use. Except as limited in this Master License, neither this Master License nor any Pale Agreement limits, alters, or waives City's right to use any part of the License Area as infrastructure established and maintained for City's benefit including, but not limited to, replacing or removing any portion of the License Area, even if Equipment is installed in that portion of the License Area. I.S. Signs and Advertising. Licensee agrees that its rights under Pole Agreements do not authorize Licensee to erect or maintain, or permit to be erected or maintained by anyone under Licensee's control, any signs, notices, graphics, or advertising of any kind on any part of the License Area, except those specifically allowed in this Master License. 1.6. Light and Air. Licensee agrees that no diminution of light, air, or signal transmission by any structure (whether or not erected by City) will entitle Licensee to any reduction of the License Fees or Additional Fees under any Pole Agreement, result in any liability of City to Licensee, or, in any other way, affect this Master License, any Pole Agreement, or Licensee's obligations, except as specifically provided in this Master License. 1.7. As -Is Condition of the License Area. 1.7.1. As -Is Condition. Licensee expressly acknowledges and agrees to enter onto and use the License Area in its "as -is, with all faults" condition. City makes no representation or MASTER LICENSE AGREEMENT Page 3 of 40 sApub1ic works\wire'.ess ccrnrnunications foci;ities\agrs\rnla.extenet.fnl.docx worranty of any kind as to the condition or suitability for Licensee's use of any part of the License Area. 1.7.2. Licensee's Due Diligence. Licensee represents and warrants to City that Licensee has conducted a reasonably diligent investigation of the condition of any proposed additions to the License Area and of the suitability of those proposed additions for Licensee's intended use, and Licensee is relying solely on its independent investigation. Licensee further represents and warrants that its intended use of any proposed addition to the License Area is the Permitted Use and consistent with the terms of this Master License. 1.7.3. No City Representations or Warranties. Licensee agrees that neither City nor any of its Agents have made, and City disclaims, any representations or warranties, express or implied, with respect to the physical, structural, or environmental condition of the License Area or any proposed additions to the License Area, the present or future suitability of the License Area or any proposed additions to the License Area for the Permitted Use, or any other matter relating to the License Area. 1.7.4. Disclosure. Under California Civil Code section 1938, to the extent applicable to this Master License, Licensee is hereby advised that a Certified Access Specialist (as defined in the applicable Law) has not inspected the License Area or any proposed additions to the License Area to determine whether it meets all applicable construction -related accessibility requirements. 2. USE RESTRICTIONS 2.1. Permitted Use. Licensee may use the License Area solely for the Permitted Use and for no other use. Licensee must not interfere with City's use and operation of any portion of the License Area or any other City Property for any purpose. Each Poie Agreement will be subject to and conditioned upon Licensee obtaining and maintaining throughout the term of the Pale Agreement all Regulatory Approvals to use the License Area for the Permitted Use. Licensee acknowledges that City Laws and Regulatory Approvals include, but are not limited to, design review, engineering, radio interference, and zoning ordinances. MASTER LICENSE AGREEMENT Page 4 of 40 s:\pub1icworVs\wire1es5 Communications facilities\ogrs\mlo.extenet.fni-docx 2.2. No Illegal Uses or Nuisances. Licensee must not use or occupy any of the License Area in any unlawful manner or for any illegal purpose or in any manner that constitutes ❑ nuisance as determined by City in its reasonable judgment. Licensee must take all precautions to eliminate any nuisances or hazards in connection with its use of the License Area. 3. POLE AGREEMENTS 3.1. Application. 3.1.1. Required Submittals. For each desired installation of Equipment on a City Pale, Licensee must submit the following f" Pole Application"): 3.1.1.1. City's then current Pole Agreement, executed by Licensee; 3.1.1.2. Payment of the License Fee, as outlined below. 3.1.2. Right to Disapprove. Licensee acknowledges that City has the absolute right to disapprove any Pole Application for any reason. A City decision to grant or deny a Pofe Application is not a regulatory determination subject to appeal, but is an exercise of City's proprietary authority over its facilities. 3.2. Pole Agreement Issuance. Subject to the terms, covenants, and conditions set forth in this Master License and upon approval of an acceptable Pole Application, City will execute the Pole Agreement executed by Licensee, which will be effective as of the date the corresponding Permit is issued. The Pole Agreement, which will incorporate the terms of this Master License in place at the time the Pole Agreement is issued and the Permit will grant Licensee a contractual privilege to use the portion of the License Area specified in the applicable Pale Agreement. Subject to any limitations expressly provided in this Master License, City is not obligated to subordinate its municipal functions or proprietary interests in any way to Licensee's interest under any Pole Agreement. 3.3. fees. 3.3.1. License Fee. Licensee must pay a License Fee for each Pole Agreement, as set forth herein ("License Fee"). The License Fee consists of bofh ( l ) an initial payment ("initial N1A5TER LICENSE AGREEMENT Page 5 a# 40 $:\public workslwireless communications facilities�ogrs�mla.extenel.fnl.docx Payment"), and (2) an annual payment subject to annual calendar -year adjustments ("Annual Payment"). The amount of the Initial Payment and the Annual Payments are set forth on the fee schedule outlined on Exhibit B. As provided above, each Pole Application must include payment of the Initial Payment and payment of the first Annual Payment for the calendar year the Pole Application is submitted, non -prorated. If the Pole Agreement is not issued, City will refund the Initial Payment and the Annual Payment submitted with the Pale Application. If the Pole Agreement is issued, Licensee must pay each remaining Annual Payment under that Pole Agreement to be received by City on or before January 1 of each year. Any Annual Payment received by City after January 1 of any year during the term of a Pole Agreement will be late and subject to Additional Fees below. 3.3.2. Additional Fees. Amounts payable to City by Licensee, including any late charges and default interest are referred to collectively as "Additional Fees." Additional Fees are not regulatory fees, and do not include any fees payable by Licensee to the City's other departments in connection with any Regulatory Approvals required for any work in connection with the Equipment. 3.3.2.1. Late Charge. if Licensee fails to pay any License Fee, Additional Fee, or other amount payable to City under this Master License within 30 days after its due date, the unpaid amounts will be subject to a late charge equal to 6% of the unpaid amounts. For example, if a License Fee in the amount of $4,000 is not paid within 30 days after its due date, the late charge would be $240. 3.3.2.2. Default Interest. Any License Fee, Additional Fee, or other amount payable to City (except late charges), not paid when due, will bear interest from the due date until paid at the default rate of 10%b per year or the highest rate permissible under applicable Laws (whichever is less). Payment of default interest and the applicable late charge alone will not excuse or cure any default by Licensee. PIASTER LICENSE AGREEMENT Page 6 of 40 sApublic works wireless communications facilities\agrs\mla.extenet.fnl.dacx 3.4. Pole Agreement Term. The term of each Pole Agreement approved pursuant to the terms of this Master License will be ten years from the date the corresponding Permit is issued by City or upon the Termination of this Master License, whichever occurs first, unless otherwise terminated as provided herein; provided, however, that a Pole Agreement will automatically terminate, without further action by City, if the underlying Permit for that Pole Agreement is revoked or is voided. 4. INSTALLATION Of EQUIPMENT 4.1. Approved Plans and Specifica#ions. 4.1.1. Strict Compliance Required. Any installation of Equipment within the License Area must strictly comply with Approved Plans. 4.1.2. Identification and Other Signage. Licensee must place one identification plate in size, material, form, and substance strictly complying with the Approved Plans on its Equipment at each Pole Location. The plate must include Licensee's corporate name and the telephone number at which Licensee's on -tail representative can be reached. If Licensee's on-call representative changes, Licensee must provide notice to City of the new contact information and replace the identification plates. Licensee may also place signage on Licensee's Equipment that contains information and disclosures required by the FCC. Replacement of Licensee's signage will be considered maintenance subject to Section 11 (Licensee's Alterations, Maintenance, and Repair Obligations). 4.2. Standard of Work. All work by or on behalf of Licensee under the terms of this Master License must be at Licensee's sole expense and (a) be performed by duly licensed and bonded contractors or mechanics; (b) in a manner and using Equipment and materials that will not interfere with or impair the City's operations; (c) in a good, safe and workmanlike manner; and (d) comply with all applicable Laws relating to the License Area or Licensee's activities. 4.3. Cost of Labor and Materials. Licensee is responsible for all direct and indirect costs (which includes, without limitation, direct and indirect costs for any and all labor, materials, and overhead) for designing, purchasing, and installing Equipment in accordance with the approved Permit, Pole Agreement, and all applicable Laws, and for MASTER LICENSE AGREEMENT Page 7 of 40 s:\putlic wcrks\,N[re}e55 communications facililies�ogrs�rnla extenet.Fnl.Cocx repairing or restoring any City Property or other areas affected by Licensee's installation activities. Licensee also must bear all costs of obtaining all Regulatory Approvals required in connection with the installation, and Licensee must satisfy any conditions or mitigation measures arising from Licensee's proposed installation. Licensee must timely pay for all labor, materials, and Equipment and all professional services related to the Permitted Use. Licensee shall inform all its contractors and subcontractors that the License Area is public property and not subject to any liens. The City shall have the right (but not the obligation) to post notices of non -responsibility on the License Area immediately prior to or during any installation activities by Licensee or its Agents or their respective contractors. A.A. Coordination of Work. Licensee will be solely responsible for coordination of its installation work to avoid any interference with existing utilities, substructures, facilities, and City facility operations. Licensee will be City's point of contact for all Equipment installation and, except in case of emergency, all communications concerning all engineering, construction, and installation issues relating to the Equipment. 5. CITY ACCESS TO LICENSE AREA. Except as specifically provided otherwise, City and its designated Agents have the right of access to any part of the License Area at any time without notice for any purpose. Any such access shall not be deemed to be a constructive eviction or termination of this Master License or any Pole Agreement. iTC/1i.4101►Z 6.1. Notice to Licensee. City reserves the right at any time to make alteraflons, additions, repairs, removals, and improvements to all or any part of the License Area for any operational purpose, including, but not limited to, maintenance and improvement of street lighting services and City compliance with mandatory regulations or voluntary controls or guidelines, subject fo (i) making good faith efforts to give Licensee prior notice of any City work, subject to the emergency provisions below; (ii) allowing a representative of Licensee to observe City's work, and (iii) taking reasonable steps not to disrupt Licensee's normal use of Equipment on the License Area. But Licensee's use of the License Area may not impede or delay in any way City's authority and ability to make changes to any License Area necessary to maintain street lighting. 6.2. Repairs, Maintenance, and Alterations. City will (a) maintain and repair Cify Poles as needed, in its sole judgment, for its street light MASTER LICENSE AGREEMENT page g o; qp s:!public works\wireless cammunicafions facilities\agrs\mla.externet.fnl.dacx operations, and (b) correct any immediately life-threatening or hazardous condition. Unless otherwise provided herein, neither City's work on City Poles nor the condition of City Poles will entitle Licensee to any damages, relieve Licensee of the obligation to pay the License Fees and Additional Fees or perform each of its other covenants under this Master License, or constitute or be construed as a constructive termination of this Master License or any Pole Agreement. 7. DAMAGE OR DESTRUCTION OF LICENSE AREA 7.1. Notice. When any part of the License Area is damaged, Licensee must give City notice of the need for the repair promptly after Licensee's discovery of the damage. Licensee's agreement to provide notice is not an assumption of liability for any life-threatening or hazardous conditions unless caused by the acts, omissions, or negligence of Licensee or its Agents or Invitees. 7.2. City Election. Following damage to or destruction of any portion of the License Area, City may elect, in its sole and absolute discretion, to (i) make the repairs to or replace the portion of the License Area damaged, (ii) provide Licensee the opportunity to make the repairs; or (iii) leave the damaged portion of the License Area as is without making the repairs. City has no obligation to replace or repair any part of the License Area if it becomes damaged. Absent City's written notice to Licensee that Licensee may repair damage to the License Area or other City Property, Licensee is not authorized to make any repairs or replacements whatsoever. Licensee hereby waives any right it may have to make repairs at City's expense under any applicable Law. 7.3. Licensee's Remedies if City Elects Not to Repair Damage. Within 30 days after the date on which City discovers or is notified that a portion of the License Area has been damaged or destroyed, City will give Licensee notice of City's decision to repair, replace, or remove the damaged portion of the License Area and its good faith estimate of the amount of time City will need to complete the work. If City cannot complete the work within 30 days after the date that City specifies in its notice, or if City elects not to repair, replace, or remove the damaged portion of the License Area and. the condition of the damaged License Area substantially interferes with the Permitted Use as determined by City, Licensee will have the right fo terminate the affected Pole Agreement as provided in Subsection 10.2 (Termination). MASTER LICENSE AGREEMENT Page 9 of 40 s:\public wcrks\wEreless communicol'ons facilities\agrs\mla.exienet.fnl.docx 7.4. Election to Remove Damaged City Pole. If City decides to remove, rather than repair, the damaged portion of the License Area, the applicable Pole Agreement will terminate automatically upon City's written notice to Licensee that City intends to remove the damaged portion of the License Area and Licensee will have the rights upon termination as provided in Subsection 10.2 (Termination) . 7.5. No Statutory Rights for Damaged City Pole. The parties understand and agree that this Master License governs fully their rights and obligations in the event of damage or destruction of any portion of the License Area, and, to the extent applicable, Licensee and City each hereby waives and releases the provisions of section 1932, subdivision 2, and section 1933, subdivision 4, of the Civil Code of California (when hirer may terminate the hiring) or under any similar Laws. 7.6. Payment for Repairs. Licensee will not be responsible to pay for any repairs to the License Area for damage not caused by Licensee or its Agents or Invitees. It Licensee or its Agents or Invitees damage any portion of the License Area or other City Property, Licensee must pay to repair the damage even if City elects to repair the damage itself. If City makes the repairs, Licensee must reimburse City for its labor, materials, and equipment costs to repair or replace the damaged License Area within 10 days after receipt of City's demand for payment, together with copies of invoices or other evidence of its costs. 8. EMERGENCIES. 8.1. Notice. The parties agree to notify each other of any emergency situation related to any portion of the License Area at the emergency phone numbers listed in each Pole Agreement at the earliest opportunity. In an emergency, however, City's work and needs will take precedence over the operations of any of Licensee's Equipment within the License Area, and City may power -down the Equipment on the License Area and access any portion of the License Area that it determines is necessary in its sole discretion in accordance with Subsection 8.2 (Access), whether or not City has notified Licensee of the emergency. 8.2. Access. if safe and practicable, City will allow Licensee to remove its Equipment before City removes or replaces any portion of the License Area in an emergency situation or other exigent circumstances; provided, however, That if, in City's sole judgment, it is not safe or practicable to wait for Licensee to perform the work, as MASTER LICEN5E AGREEMENT Page 30 of 40 s:lpublic works\wireless ccmmunicot m locilifies\agrs\mla.exfenet.fnl.docx provided in Section 7 (Damage or Destruction of License Area), or where the time necessary for Licensee to remove the Equipment would compromise public safety or services, City may remove the Equipment from the License Area, exercising reasonable care to avoid damage to the Equipment. City will hold the Equipment for retrieval by Licensee for a reasonable period of time, and Licensee will have the right to reinstall the Equipment or equivalent Equipment, in accordance with Section 4 (Installation of Equipment), at Licensee's expense on the portion of the License Area that was repaired or replaced, if determined feasible by the Director in his sole discretion and if City elects, in its sole discretion, to replace the damaged portion of the License Area. City's removal of Licensee's Equipment in emergency or exigent circumstances may not be deemed to be a forcible or unlawful entry info or interference with Licensee's rights to the License Area. 8.3. City Discretion. Licensee acknowledges that City will be entitled to exercise its judgment in an emergency caused by any person, and, in the exercise of judgment, may determine that the operation of Licensee's Equipment must be interrupted, or that the circumstances require the removal of any part of Licensee's Equipment. 8.4.. No Liability for Emergency Access. City will not be liable in any manner, and Licensee hereby waives any Claims, for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of City's entry onto the License Area, including, but not limited to, the removal of Licensee's Equipment from a City Pole in an emergency as described in this section, except damage resulting directly and exclusively from the gross negligence or willful misconduct of City or its Agents and not contributed to by the acts, omissions, or negligence of Licensee, its Agents, or its Invitees. Licensee will be solely responsible for the costs required to resume operations or repair or replace Equipment following the emergency. 9. INTERFERENCE WITH OPERATIONS 9.1. Licensee's Obligation Not to Cause Interference. Licensee will not operate or maintain its Equipment in a manner that interferes with or impairs other communication (radio, telephone, and other transmission or reception) or computer equipment lawfully used by any person, including City or any of its Agents. Such interference will be an event of default under this Master License by Licensee, and upon at least 30 -days' notice from City, or a lesser time if the interference causes or creates an emergency under Section 8 (Emergencies), Licensee will be responsible for eliminating such MASTER LICENSE AGREEMENT Page 11 of 40 s:\public works wireless communications facilities\agrs\m!a.ex#enel.fnl.docx interference promptly and at no cost to City. Licensee will be required to use its best efforts to remedy and cure the interference. If Licensee does not cure the interference promptly, the parties acknowledge that the continuing interference may cause irreparable injury and, therefore, City will have the right to terminate any and all Pole Agreements where the Equipment is causing interference or impairment notwithstanding any other available remedies at law or equity. 9.2. impairment Caused by Change in City Use. 9.2.1. If any change in the nature of City's use of the License Area for any Pole Agreement during the term of that Pole Agreement results in measurable, material, and adverse impairment to Licensee's normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee must notify City and provide evidence of the claimed impairment. Upon receipt of such notice, City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. City will provide nofice to Licensee of City's determination. 9.2.2. If City determines in its reasonable discretion that mitigation is feasible and can be achieved for a reasonable cost in City's reasonable judgment, City's notice will specify when City will mitigate the adverse effect. City's mitigation will affect a complete cure, and City will not be liable to Licensee in any other way or be required to take any other measures with respect to the Equipment. 9.2.3. If City determines in its reasonable discretion that mitigation is not feasible or cannot be achieved for a reasonable cost in City's reasonable judgment, Licensee may elect either to: (i) accept the impairment without any set-off or reduction in the License Fee for use of the License Area for that Pole Agreement; or (ii) terminate the Pole Agreement as provided in Section 10 (Termination). 9.2.4. Licensee agrees that the remedies available under Subsection 9.2.3 will be the only compensation due to Licensee for costs incurred or otherwise arising from the adverse effect of the impairment and will be deemed to be liquidated damages fully compensafing Licensee for all MASTER LICENSE AGREEPOENT Page 12 of 40 s:\pubIic works wireless communicat ons fad lities\arrs\mId. extenet.fnl.docx Claims that may arise or be related to the adverse effects. Licensee waives any other legal or equitable remedies it may have under applicable laws. Under no circumstances will City be required to after its operations impairing the identified portion of the License Area or provide a replacement License Area to Licensee. Licensee hereby acknowledges that Licensee is aware of and familiar with the provisions in California Civil Code section 1542 which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Licensee hereby waives and relinquishes all rights and benefits which it may have under California Civil Code section 1542, as such relates to the Master License and any Pole Agreement. Licensee's obligations under this Section 9.2.4 will survive the expiration or earlier termination of this Master License and any Pole Agreement. 9.3. Impairment Caused by City Access. Licensee agrees that it will not be entitled to any abatement of License Fees if City exercises its rights of access under Section 5 (City Access to License Area) unless City's activities cause Licensee to be completely unable to operate Equipment on the License Area for its Permitted Use for a period of more than 10 days, in which case, subject to proof, Licensee will be entitled to a reimbursement of License Fees, on a prorated basis and without any interest, paid for the entire period that Licensee is completely unable to operate any Equipment on any affected City Pole. For the avoidance of doubt, Licensee shall not be entitled to any reimbursement for any interference that arises from City's activities outside the License Area. 114. TERMINATION 10.1. One Year to Install Equipment. If Licensee does not complete installation of Equipment pursuant to a Pole Agreement by the first anniversary of the Pole Agreement's effective date, the Pole Agreement will automatically terminate. if a Pole Agreement is terminated under this provision, any License Fees paid will be MASTER LICENSE AGREEMENT Poge 13 of 40 s:\public works wireless communications. facilities\agrs\rnld.extenet.fnl.docx deemed to have accrued as of the date paid and will not be refunded. 10.2. Licensee's Termination Rights. 10.2.1. Master License. Licensee may terminate this Master License at any time on 1 -year's notice to City; provided, however, that if Licensee terminates this Master License under this subsection, Licensee must pay City 500 of the remaining unpaid License Fees for each underlying Pole Agreement. 10.2.2. Pole Agreement. 10.2.2.1. Without Cause. Licensee may terminate a Pole Agreement of any time on 90 -days' notice to City. If Licensee terminates a Pole Agreement under this subsection, Licensee will not be entitled to a refund of License Fees paid under that Pole Agreement and Licensee must pay City 50% of the remaining unpaid License Fees for that Pole Agreement. Licensee must remove its Equipment from the applicable License Area as provided in Subsection 10.2.3 (Surrender of License Area). 10.2.2.2. With Cause. If for any reason other than the actions or omissions of, and outside of the controi of. Licensee or Licensee's Agents or Invitees, any portion of the License Area becomes unusable, in Director's reasonable discretion, for the Permitted Use for more than 30 days, then (i) Licensee may terminate the related Pole Agreement after giving City 30 -days' notice; (ii) City will refund the portion of the License Fee paid under that Pole Agreement for the period Licensee is unable to use that portion of the License Area, subject to provisions in Section 9.3 (Impairment Caused by City's Access); and (iii) City will make reasonable efforts fo provide an alternative location for relocation of any Equipment within that portion of the License Area, if applicable, provided, however, that Licensee must secure a new Permit and execute a new Pale Agreement (on the some rates, terms and conditions as provided in the terminated Pale Agreement) for the installation of that Equipment. It Licensee elects to terminate MASTER LICENSE AGREEMENT Page 14 of 40 s:\puUic wo rk s \w fre!e ss co m m u n;cafions Facilities\ogrs\m!a.extenet _fn l.docx the Pale Agreement under this subsection, Licensee must remove its Equipment as provided in Subsection 10.2.3 (Surrender of License Area) . 10.2.3. Surrender of License Area. 10.2.3.1. Obligations Upon Surrender. No later than 90 days after the termination of this Master License or any Pole Agreement, unless additional time is approved by the Director, Licensee must peaceably remove its Equipment authorized under the terminated Master License or Pole Agreement, except for any Equipment mutually determined by City and Licensee to remain, from any applicable portion of the License Area, repair any damage resulting from the removal, and surrender the License Area to City in good order and condition, normal wear and tear excepted, free of debris and hazards, and free and clear of all liens and encumbrances. Licensee's obligations under this section will survive the termination of this Master License or any Pole Agreement. 10.2.3.2. Equipment Abandoned After Termination. At its option, City may deem any Equipment that remains within the License Area or other City Property more than 90 days after the expiration of the Term, the expiration of the term of fhe associated Pole Agreement, or any other termination of this Master License or a Pale Agreement to be abandoned. In such case, City may dispose of the abandoned Equipment in any lawful manner. In the event that City elects not to tale title to such abandoned Equipment, City may remove or cause to be removed any such Equipment and restore or cause to be restored all affected areas. Licensee must reimburse City for all expenses it incurs in connection with any such removal and restoration (including reasonable attorneys' fees) within 10 days following receipt of City's demand, together with evidence of City's expenses. Licensee agrees that California Civil Code sections 1980 et seq. and similar provisions of the Civil Code addressing abandoned property MASTER LICENSE AGREEMENT Page 15 of 40 s:\pub!icworks`,wireEess communicofiions facilities\cgrs\mlo.exferei.fr l.docx by residential or commercial tenants do not apply to any abandoned Equipment. Licensee's obligations under this Section will survive the termination of this Master License or any Pole Agreement. 10.2.4. Title to Improvements. At City's option, any structural improvements to any portion of the License Area including, but not limited to, replacement of a City Pole, installation of replacement sighting fixtures, or installation of fiber-optic cable within a City Pole, made by Licensee will become City Property and remain in the License Area should Licensee vacate or abandon use of the City Pole_ 10.2.5. Proration of License Fees. if the provisions of this Agreement require City to refund License Fees paid for early termination of the Master License or any Pole Agreement, the proration as of the effective date of the termination will be based on a 365 -day year and a 30 -day month. 10.3. city's Termination Rights. 10.3.1. Subject to the terms of this subsection, City has the absolute right in its sole discretion to terminate this Master License or any or all Pole Agreements, after giving Licensee written notice of the termination 30 days before the effective date of the termination, if City determines that Licensee's continued use of the License Area adversely affects or poses a threat to public health and safety, constitutes ❑ public nuisance, interferes with City's street light operations, or requires City to maintain a City Pole that is no longer required for City purposes, or Licensee is in default of this Master License as provided in Section 16 (Default) . 10.3.2. If City determines that the condition described in this subsection is susceptible to cure, City will provide notice to Licensee of City's determination, provide the underlying reasons for the determination, and provide a 30 -day cure period, unless the cure period is extended by the Director in his reasonable discretion, following which the Master License or any affected Pole Agreement will terminate if Licensee has not cured the condition. 10.4. might to Re -License Terminated Portion of License Area. City will have the right to make any terminated portion of the License Area. MASTER LICENSE AGREEMENT doge 16 of 40 s:lpublic works wireless communicat:ons foci[ities\anrs\mic.extenet.fn[.docx available for license to other parties as of the effective date of the termination, even if Licensee's Equipment is still installed on the terminated portion of the License Area. 11. LICENSEE'S ALTERATIONS, MAINTENANCE, AND REPAIR OBLIGATIONS. 11.1. Alterations. Other than installation in accordance with Approved Plans, Licensee may not make or permit any removal, damage, or alterations to the License Area or other City Property or anything that is part of, installed on, or appurtenant to the License Area or other City Property including, but not limited to, City Poles and supporting infrastructure, pull boxes, electrical equipment, wiring, and electrical vaults, except with City's prior written consent in each instance, which City may grant in its sofe discretion, and in accordance with Regulatory Approvals. After performing any work on the License Area, whether approved by City or conducted in violation of this section, Licensee must leave the License Area and any other City Property in a condition equal to or better than it was before the work occurred. All alterations must be at Licensee's sole expense in accordance with plans and specifications approved by City and must be performed only by duly licensed and bonded contractors or mechanics. City may condition its approval of any alteration to the License Area or other City Property on restoration in accordance with this section. Notwithstanding anything in this Master License to the contrary, any alteration that involves (i) only subsfitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of Equipment as approved by City, or f ii) replacement of Equipment with Equipment that is the some as the previously approved equipment, shall not require the prior written consent of City. 11.2. Maintenance and Repair. Licensee must, at its sole expense, instal[ and maintain its Equipment and promptly repair any damage to Equipment installed within the License Area whenever repair or maintenance is required, subject to City's prior approval if required under Subsection 11.1 (Alterations) including, but not limited to, graffiti removal. Other than a street permit as required by City in its regulatory capacity, Licensee is not required to seek City's approval for any repair, maintenance, or replacement of Equipment on a City Pole if (i) the Equipment in question was in the Approved Pians; or (ii) City, in its reasonable judgment, concurs with Licensee that the repair, maintenance, or replacement of Equipment is reasonably consistent with the Approved Plans, taking into consideration availability of the specific Equipment and advancements in technology. In no event, however, will Licensee be authorized to MASTER LICENSE AGREEMENT Page 17 of 40 s:\pub'ic works\wire]ess communications €od1ities\ogrs\mto. exlenet.fnWocx install larger, different, or additional Equipment on City's Pole without City's express prior consent. In this regard, Licensee acknowledges that section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C_ § 1455) does not apply to this Master License or any Pole Agreement because City is granting them in its proprietary capacity as the owner of the City Pales. Any work on Licensee's Equipment installed on City Poles that is authorized or permitted under this Subsection is subject to Licensee obtaining any required Regulatory Approvals. 11.3. Annual Street Permit for Maintenance. Licensee must secure an annual street permit for routine maintenance and repair that does not require a lane closure. Licensee must secure an individual street permit each time that maintenance or repair requires a lane closure. City's consent or refusal to consent to any request by Licensee in connection with this Master License or any Pole Agreement will not be deemed to be City's consent or refusal to consent to any street permit. 12. LIENS. Licensee must keep the License Area free from any liens arising out of any work performed, material furnished, or obligations incurred by or for Licensee. Licensee must inform each and every contractor and material supplier that provides any work, service, equipment, or material to Licensee in any way connected with Licensee's use of the License Area that the License Area is public property and is not subject to mechanics' liens or stop notices for Equipment, other materials, or services provided for Licensee's Equipment. If Licensee does not cause the release of a mechanic's lien or stop notice by any contractor, service provider, or equipment or maferial supplier purporting to attach to the License Area or other City Property within 30 days after notice or discovery of the lien, City will have fhe right, but not the obligation, to cause the mechanic's lien or stop notice to be released by any means if deems proper, including payment of the Claim giving rise to such lien. Licensee must reimburse City for all expenses it incurs in connection with any such lien (including reasonable attorneys' fees) within 10 days following receipt of City's demand, together with evidence of City's expenses. Licensee must give City at least 15 days' prior notice of commencement of any construction or installation on any part of the License Area except for minor and routine repair and maintenance of Licensee's Equipment. Licensee must not create, permit, or suffer any other encumbrances affecting any portion of the License Area. 13. UTILITIES, TAXES, AND ASSESSMENTS 13.1. Utilities. Licensee must procure (at Licensee's sole cost and expense) all electrical power and other utilities necessary or appropriate for MASTER LICENSE AGREEMENT Page IS of 40 S!\public works wireless communica'ions Foci lities\dgrs\mla, Qxtenet.Fnl -do cx Licensee's Equipment in or on the License Area. Licensee's use and consumption of utilities for fhe Facilities shall be according to applicable Law and Pacific Gas and Electric Company ("PG&E") policies (at Licensee's sole cost and expense) as shown in the Approved Plans. 13.11.1. Use of City's System. In order to limit the installation of additional conduits, meter pedestals, and other duplicative electrical power infrastructure within City right of way, unless otherwise allowed and approved by City, Licensee must obtain electrical power necessary to operate its Equipment by connecting to the existing City power system that provides the electrical power to City's street light. This preferred connection will require, if permitted and approved by PG&E, either: 13.1.7.1. A remote PG&E electrical meter for monitoring and billing of Licensee's power use on City power system located within an existing pull box located in the ground adjacent to the street light pole, within the street light pole itself with the meter and connections visible when the pole access panel is removed, within the shroud used to conceal the Equipment, or in some other location approved by City; or 13.1.1.2. A direct connection to the City power system with no meter when the powering of Licensee's Equipment is covered under a separate standardized tariff rate that has been approved by the State Public Utilities Commission. When reviewing each Pale Agreement application, City will determine whether connection to City's power system is feasible, where the connection to City's power system can occur, and what alterations to City's power system will be needed to allow the connection. At a minimum, all street lights connected fo the electrical circuit providing power to the street light proposed to be included in the License Area, if not already converted, must be converted to a City - approved LED luminaire by Licensee. Work to alter and/or connect to City's power system will only be allowed after City has approved the related Pole Agreement and Licensee provides City with written notice seven days before any alteration or connection is scheduled to begin. MASTER LICENSE AGREEMENT Page ] 9 of 40 s:\public warks�wireless communica`ions fpcilities�agrs�,mlq.2xt2n2t.fini.decx City will inspect all connection and alteration work and will be present at time of physical connection to City's power system. Licensee will not disconnect or alter in any way City's power system without City's prior written approval. If PG&E does not allow Licensee to use a separate remote electrical meter for monitoring and billing of Licensee's power usage on City's power system, City will lose its beneficial direct tariff rate for the street light proposed to be included in the License Area. Licensee, then, must install, at its sole cost and expense, a new electrical meter in a location approved by City that will be used by PG&E to monitor and bill City's and Licensee's power usage at that street light. All charges for electrical power usage at this meter, whether for street lights, Licensee's electrical power usage, or other City usage on this electrical circuit, will be billed to the City; City will then bill Licensee for all such electrical service usage billed through this meter, regardless of whether the power is used by City or licensee. 13.1.2. Other Connections. If connection to City's power system is not feasible or if City authorizes Licensee not to utilize City's existing power system, Licensee must procure power from PG&E, and any infrastructure necessary for obtaining this power must be part of the Permit application and shown on the Approved Plans. 13.2. Taxes and Assessments. 13.2.1. Possessory Interest Taxes. Licensee recognizes and understands that this Master license may create a possessory interest subject to property taxation and that Licensee may be required to pay possessory interest taxes. Licensee further recognizes and understands that any sublicense or Assignment permitted under this Master License and any exercise of any option to renew or extend this Master License may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created under this Master License. 13.2.2. Licensee's Obligation if Assessed. Licensee agrees to pay taxes of any kind, including possessory interest taxes, excises, licenses, permit charges, and assessments based on Licensee's usage of the License Area that may be MASTER LICENSE AGREEMENT Page 20 of 40 s:\piib1ic works\wirete ss communications foci Iities\agrs\m€a. ext enet.fn!.docx imposed upon Licensee by Law, when those taxes, excises, licenses, permit charges, and assessments become due and payable and before delinquency. Licensee agrees not to allow or suffer a lien for any taxes to be imposed upon the License Area without promptly discharging the lien, provided that Licensee, if so desiring, will have a reasonable opportunity to contest the validity of the lien. City will provide Licensee with copies of all tax and assessment notices on or including the License Area promptly, along with sufficient written documentation detailing any assessment increases attributable to Licensee's Equipment, but in no event later than 30 days after receipt by City. 13.2.3. Taxes on Equipment. Licensee will be responsible for all taxes and assessments levied upon Licensee's Equipment. Licensee agrees not to allow or suffer a lien for any such taxes to be imposed upon the Equipment without promptly discharging the lien, provided that Licensee, if so desiring, will have a reasonable opportunity to contest the validity of the lien. 14. COMPLIANCE WITH LAWS 14.1. Current Laws. Licensee must install, use, and maintain the Equipment in strict compliance with Laws and conditions to Regulatory Approvals relating to the use or occupancy of the License Area, including all Laws relating to health and safety and radio signal transmission. Any work or installations made or performed by or on behalf of Licensee or any person or entity claiming through or under Licensee is subject to applicable Laws. 14.2. Future Laws. Licensee's obligation to comply with all Laws is a material part of the bargained -for consideration under this Master License, irrespective of the degree to which such compliance may interfere with Licensee's use or enjoyment of the License Area, the likelihood that the parties contemplated the particular Law involved, and whether the Law involved is related to Licensee's particular use of the License Area. Except to the extent reasonably necessary to comply with any future Law, no occurrence or situation under any Law arising during the Term, whether foreseen or unforeseen and however extraordinary, will relieve Licensee from its obligations under this Master License or give Licensee any right to terminate this Master License or any Pole Agreement in whole or in part or to otherwise seek redress against City. MASTER LICENSE AGREEMENT Page 21 of 40 s:lpublic w orksVi ire I e ss communications faciEitie s\agrs',nmla.extenat.fni -do cx 14.3. Personnel Safety Training. 14.3.1. CPUC Certification. Licensee must ensure that all persons installing, operating, or maintaining its Equipment are appropriately trained and licensed by the California State Contractors Licensing Board and as required by applicable regulations and rules of the CPUC. Licensee must ensure that these persons are trained in and observe all safety requirements established by City, the CPUC, and the California Division of Occupational Safety & Health, Department of Industrial Relations, including site orientation, tag -out lock-ouf deenergization rules, ladder and lift restrictions, and track and street right-of-way safety requirements. 14.3.2. Licensee's Indemnity. During any period when Licensee or any Agent of Licensee is installing, operating, or maintaining its Equipment, Licensee acknowledges and agrees that City has delegated control of the License Area to Licensee, which will be solely responsible for any resulting injury or damage to property or persons. City is not a co -employer of any employee of Licensee or any employee of Licensee's Agents, and City will not be liable for any Claim of any employee of Licensee or any employee of Licensee's Agents. Licensee agrees to Indemnify City fully (as provided in Section 17 (Licensee's Indemnity)} against any Claim brought by any employee of Licensee or any employee of Licensee's Agents to the extent arising from or related to Licensee's access to and use of the License Area and other activities of Licensee or its Agents around or in the License Area, except to the extent such Claim is caused by City's negligence or willful misconduct. 14.4. Compliance with Electric Codes. Licensee must conduct all activities on the License Area in accordance with the requirements of the NESC, and any applicable local electrical code, as any of those codes may be amended. To the extent that CPUC General Order 95 does not address installation of cellular telephone antennas on poles carrying electrical lines, Licensee must apply applicable provisions of the NESC, with particular attention to paragraphs 224, 235C, 235E, 238, 239, and 239H and sections 22, 41, and 44. Where any conflict exists between the NESC, the California Electric Code, any local code, and CPUC General Order 128, the more stringent requirements will apply, as determined by City. MASTER LICENSE AGREEMENT Page 22 of 40 sApublic works\wireless cornmunicatians facilities\agrs\ryild.extenet.fni.docx 14.5. City's Exercise of its Proprietary Interests. Licensee acknowledges and agrees that City is entering into this Master License in its capacity as a property owner with a proprietary interest in the License Area and not as a Regulatory Agency with police powers. Nothing in this Master License limits in any way Licensee's obligation to obtain required Regulatory Approvals from applicable Regulatory Agencies. By entering into this Master License, City is in no way modifying or limiting Licensee's obligation to cause the License Area to be used and occupied in accordance with all applicable Laws. 14.6. Regulatory Approvals. Licensee represents and warrants that prior to and as a condition to conducting its activities on the License Area, Licensee will acquire all Regulatory Approvals required for Licensee's use of the License Area including, but not limited to, a business license from Cify. Licensee must maintain all Regulatory Approvals for Licensee's Permitted Use on the License Area throughout the Term and for as long as any Equipment is installed on any portion of the License Area. 14.7. Radiofrequency Radiation and Electromagnetic Fields. Licensee's obligation to comply with all Laws includes all Laws relating to allowable presence of or human exposure to radiofrequency radiation or EMFs on or off the License Area, including all applicable FCC standards, whether such radiofrequency radiation or EMF presence or exposure results from Licensee's Equipment alone or from the cumulative effect of Licensee's Equipment added to all other sources on or near the License Area. 14.8. Compliance with City's Risk Management Requirements. Licensee must not do anything, or permit anything to be done by anyone under Licensee's control, in, on, or about the License Area that would create any unusual fire risk, and must fake commercially reasonable steps to protect City from any potential liability by reason of Licensee's use of the License Area. Licensee, at Licensee's expense, must comply with afl reasonable rules, orders, regulations, and requirements of City's Risk Manager and the City Manager. 14.9. Compliance with Other City Laws. Licensee has reviewed, understands, and is ready, willing, and able to comply with the terms of other applicable City Laws. Licensee acknowledges that City Laws in effect when the Master License is executed will apply to Licensee and its Agents and successors and assigns, as applicable. City Laws are currently available on the web at www. bakersfieldcity, us. MASTER LICENSE AGREEMENT Poge 23 of 40 sApubiC works\w[reless communicolons facilities\ogrs\mlo:extenet.fnl.docx 14.1 0. Compliance with Prevailing Wage Policies. The services to be provided under the Master License or any Pole Agreement are or may be subject to prevailing wage rate payment as set forth in California Labor Code section 1771. Accordingly, to the extent that any such services are subject to the prevailing wage rate payment requirements, Licensee shall comply with all applicable California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided to City hereunder (collectively, "Prevailing Wage Policies"). Licensee shall submit, upon request by City, certified copies of payroll records to City and shall maintain and make such records available to City or City's duly authorized representative for inspection and copying in a manner consistent with Licensee's obligations under Section 20 (Records). Licensee shall defend, indemnify and hold City and its indemnitees harmless from and against any and all present and future Claims, that arise from or in connection with Licensee's obligation to comply with all Laws with respect to the work and Prevailing Wage Policies, which includes without limitation any and all Claims that may be made by contractors, subcontractors or other third parties pursuant to California Labor Code sections 1726 and 1781, as amended and added by California Senate Bill 966 (Alarcon), and as may be amended or superseded in the future. Licensee hereby waives, releases and discharges forever City and indemnitees from any and all present and future Claims that arise from or in connection with Licensee's obligation to comply with all Laws with respect to the work and Prevailing Wage Policies. Licensee hereby acknowledges that Licensee is aware of and familiar with the provisions in California Civil Code section 1542 which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Licensee hereby waives and relinquishes ail rights and benefits which it may have under California Civil Code section 1542, as such relates to the Master License and any Pole Agreement. Licensee's obligations under this Section 14.1 0 will survive the expiration or earlier termination of this Master License and any Pole Agreement. MASTER LICENSE AGREEPAENT Page 24 of aD sApubiicwcrks\wireless ccmmun'cafm facilifies\agrs\mla.extenet.fnl.dbcx 15. ASSIGNMENT 15.1. Restriction on Assignment. Except as specifically provided herein, Licensee must not directly or indirectly Assign any part of its interest in or rights with respect to the License Area without City's prior written consent. City will not unreasonably withhold its consent to an Assignment. Licensee acknowledges that it would be reasonable for City to refuse to consent to an Assignment during any period during which any monetary or other material event of default by Licensee is outstanding (or any event has occurred that with notice or the passage of time or both would constitute a default) under this Master License. City will not consenf to any Assignment of this Master Agreement, or any Pole Agreement, unless City simultaneously consents to all other related Permits and Pole Agreements. However, the Assignment, transfer, or delegation of the rights and obligations of Licensee hereunder to Licensee's financially viable parent, Subsidiary, successor, or Affiliate under Common Control will not require consent and will be effective upon written notice to City ("Permitted Assignment"). 15.2. Effect of Assignment. No Assignment by Licensee, consent to Assignment by City, or Permitted Assignment will relieve Licensee of any obligation on its part under this Master License prior to the date of such Assignment. Any Assignment that is not in compliance with this section will be void and be a materiai default by Licensee under this Master License without a requirement for notice and a right to cure. City's acceptance of any License Fee, Additional Fee, or other payments from a proposed assignee will not be deemed to be City's consent to such Assignment, recognition of any assignee, or waiver of any failure of Licensee or other transferor to comply with this section. 15.3. Assumption by Transferee. Each assignee must assume all obligations of Licensee under this Master License and each Assigned Pole Agreement for the Assignment to be binding on City. No Assignment will be binding on City unless Licensee or the assignee delivers to City evidence satisfactory to City that the assignee has obtained all Regulatory Approvals required to operate as a wireless communications service provider on the Assigned License Area, a copy of the Assignment agreement (or other document reasonably satisfactory to City in the event of a Permitted Assignment). Except for a Permitted Assignment, Licensee must reimburse City on demand for any reasonable costs that City incurs in connection with any proposed Assignment, including the costs of investigating the MASTER LICENSE AGREEMENT Page 25 of 40 s:\pub;c workslwireless communications focilities\agrs\mfa.extenet.fnl.cdocx acceptability of the proposed assignee and legal costs incurred in connection with considering any requested consent. 15.4. Licensee's Customers. The parties agree and acknowledge that, notwithstanding anything in this Master License to the contrary, certain facififies installed by Licensee in the Licensed Area pursuant to this Master License or any Pole Agreement may be owned and/or operated by Licensee's third -party wireless carrier customers ("Carriers") and installed and maintained by Licensee pursuant to license agreements between Licensee and such Carriers. Such use of the Equipment shall not constitute an Assignment of this Master License or any Pole Agreement, provided that (i) Licensee remains responsible and liable for all performance obligations under the Master License with respect to such Equipment; (ii) City's sole point of contact regarding such facilities shall be Licensee: (iii) a.11 license agreements or other agreements between Licensee and any Carriers in connection with this Master License and any Pole Agreement shall be and at all times remain subject and subordinate to this Master License and any applicable Pole Agreement: (iv) all work in connection with the Pole shall be performed exclusively by Licensee or Licensee's contractors in compliance with all applicable provisions of this Master License; and (v) Licensee shall have the right to remove and relocate the Equipment, subject to the provisions of this Master License. 16. DEFAULT 16.1. Events of Default by Licensee. Any of the following will constitute an event of default by Licensee under this Master License and any Pole Agreements issued under it: 16.1.1. Nonpayment of Fees. Licensee fails to pay any License Fee or Additional Fees as and when due, if the failure continues for 10 days after the due date. 16.1.2. Lapsed Regulatory Approvals. Licensee fails to maintain all Regulatory Approvals required for the Permitted Use. 16.1.3. Prohibited Assignment. Licensee enters into an Assignment in violation of Section 15 (Assignment). 16.1.4. Interference with City. Licensee interferes with City's operations in violation of Subsection 9.1 (Licensee's Obligation Not to Cause Interference)_ MASTER LICENSE AGREEMENT Page 26 of 40 s:\Qutalic works wireless communications foci ities\agrs\mla_extenet.fni ciocx 16.1.5. Failure to Maintain Insurance. Licensee fails to maintain insurance as required by Section 18 (Insurance). 16.1.6. Failure to Cure. Licensee fails to cure noncompliance with the specified requirements of this Master License after initial and follow-up notices. 16.1.7. Non -Permitted Collocation. Licensee installs Equipment on a City Pole without first securing a valid Permit. 16.1.8. Work on City Property Without Appropriate Street Permit. Licensee conducts any work on or within City Property without first securing the appropriate street permit. 16.1.9. Other Terms. Licensee fails to perform or comply with any other obligation or representation made under this Master License, if the failure continues for 30 days after the date of notice from City, unless a longer period of nonperformance or noncompliance is approved by the Director. 16.1.10. Abandonment. Licensee removes its Equipment or abandons the License Area for a continuous period of more than 90 days, such that the License Area is no longer being used for the Permitted Use, excluding any removal or abandonment that is required or permitted pursuant to this Master License or any Pole Agreement. 16.1.11, insolvency. Any of the following occurs: (i) the appointment of a receiver due to Licensee's insolvency to take possession of all or substantially oil of the assets of Licensee; (H) an Assignment by Licensee for the benefit of creditors; or fiiij any action taken by or against Licensee under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief Law, if any such receiver, Assignment, or action is not released, discharged, dismissed, or vacated within 60 days. 16.2. City's Remedies. In addition to all other rights and remedies available to City at Law or in equity, City will have the following remedies following the occurrence of an event of default by Licensee: 16.2.1. Continuation of License. Without prejudice to its right to other remedies, City may continue this Master License and applicable Pole Agreements in effect, with the right to enforce all of its rights and remedies, including, but not MASTER LICENSE AGREEMENT Page 27 of 40 sApubVc wofks\wireless communications facilities\ogrs\mla.extenet.fnl.docx limited to, the right to payment of License Fees, .Additional Fees, and other charges as they become due. 16.2.2. Termination of Pole Agreements. If a default specific to one or more Pole Agreements is not cured by Licensee within the applicable cure period, if any, specified in Section 16.1 (Events of Default by Licensee), City may terminate each Pole Agreement in default as provided in Section 10 (Terminafion). 16.2.3. Termination of Master License. If Licensee's default is of such a serious nature in City's safe judgment that the default materially affects the purposes of this Master License, City may terminate this Master License in whole or in part as provided in Section 14 (Termination). 16.3. Licensee's Remedy for City Defaults. Licensee's sole remedy for City's breach or threatened breach of this Master License or any Pole Agreement issued under it will be an action for damages, subject to Subsection 19.1 (General Limitation on City's Liability). 16.4. Cumulative Rights and Remedies. All rights and remedies under this Master License are cumulative, except as otherwise provided. 17. LICENSEE'S INDEMNITY 17.1. Scope of Indemnity. Licensee must Indemnify the Indemnified Parties against any and all Claims, or any of them, before administrative or judicial tribunals of any kind whatsoever, to the extent arising out of, connected with, or caused by Licensee or Licensee's employees, Agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Master License, whether or not caused in part by a party indemnified hereunder, except to the extent caused by City's negligence or willful misconduct. 17.2. indemnification Obligations. Licensee's obligation to Indemnify, as provided in this Section, includes reasonable fees of attorneys, consultants, and experts and related costs, including City's costs of investigating any Claim. Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend City and the other Indemnified Parties from any Claim that actually or potentially falls within the scope of Section 17.1 (Scope of Indemnity) even if allegations supporting the Claim are groundless, fraudulent, or false, which obligation arises at the time such Claim is MASTER LICENSE AGREEMENT Page. 28 of 40 s:\Pubfec works wireless communiccfons facilities\agrs\mlo.extenet.fni.docx tendered to Licensee by one or more of the Indemnified Parties and continues at all times until finally resolved. In addition, City shall have the right to approve the legal counsel providing the City's defense and City shall not unreasonably withhold such approval. Licensee's obligations under this section will survive the termination of this Master License. 18. INSURANCE 18.1. Licensee's Insurance. In addition to any other insurance or security required under this Master License, Licensee must procure and maintain, for the duration of this Master License, the types and limits of insurance below ("Basic Insurance Requirements"). 18.1,1, 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. 18.1.2. 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: 18.1.2.1. Provide contractual liability coverage for the terms of this Master License; 18.1.2.2. Provide unlimited products and completed operations coverage; 18.1.2.3. Provide premises, operations, and mobile equipment coverage: and 18.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, Agents, employees, and designated volunteers. 18.1.3. 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, Licensee MASTER LICENSE AGREEMENT Page 29 of 46 5-�public wcr'<s\wireless commvriscaions focilities\agrs\mia.extenei.fnl.docx must submit to City the following certification before beginning any work within the License Area: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers` 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, Licensee is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, councif, officers, Agents, employees, and designated volunteers. 18.2. General Provisions Applying to All Insurance Types. 18.2.1. All policies required of Licensee must be written on ❑ first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, which City may withhold in its sole discretion, Licensee may utilize a self- insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 18.2.2. Ail policies required of Licensee must be primary insurance as to City and its mayor, council, officers, Agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, Agents, employees, and designated volunteers must be excess of Licensee's insurance and must not contribute with it. 18.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in MASTER LICENSE AGREEMENT Page 30 of 40 s'\pub[ic works\wlreless cemmunicat pns fac!IHies\agrs\m[a.extenet.fn1.d0cx 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 Master License, or insurance rated below Best's A -:VII, must be declared prior to execution of this Master License and approved by City in writing. 18.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a 30 -day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy, 18.2.5. Licensee must furnish City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required when Licensee submits the executed Master License to City. 18.2.6. If is further understood and agreed by Licensee that its liability to City and Licensee's: obligations to Indemnify City will not in anyway be limited to or affected by the amount of insurance obtained and carried by Licensee in connection with this Master License. 18.2.7. Unless otherwise approved by City, if any work in and around the License Area 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 Licensee, and all subcontractors must agree in writing to be bound by the provisions of this section. 18.2.8. In addition to any other remedies provided under this Master License or otherwise provided by Laws, City may elect, in City's sole and absolute discretion, to terminate this Master License, if Licensee allows any required insurance coverage to lapse and fails to reinstate the lapsed coverage within three Business Days after City delivers notice of the lapse. 18.2.9. All insurance must be in effect before City will authorize Licensee to install Equipment within any portion of the License Area and remain in force until all Equipment has been removed from the License Area. Licensee is MASTER LICENSE AGREEMENT Page 31 of 46 s:\public works wireless communicotbns facilities',ogrs\nl.la extenet.fnl.docx responsible for determining whether the above minimum insurance coverages are adequate to protect its interests. The above minimum coverages are not limitations upon Licensee's liability. 18.2.10. Self -Insurance Alternative. Licensee may propose and City may accept an alternative insurance program, if that program provides equivalent protections to City as the Basic Insurance Requirements in this section, which City will determine in its sole discretion, in consultation with City's Risk Manager. City's acceptance of an alternative insurance program will not affect an implied waiver or amendment of any other requirement of this Master License. Any amendment of these Basic Insurance Requirements must be in a written amendment to this Master License, executed in the same manner as this Master License. 18.3. Insurance of Licensee's Property. Licensee is responsible, at its expense, for separately insuring Licensee's property, provided that Licensee is under no obligation to obtain such insurance. 18.4. City's Self Insurance. Licensee acknowledges that City self -insures against casualty, property damage, and public liability risks. City agrees to maintain, through City, an adequate program of self- insurance for public liability risks during the term of this Master License and will not be required to carry any third -party insurance with respect to the License Area or otherwise. 18.5. Waiver of Subrogation. City and Licensee each hereby waives any right of recovery against the other party for any loss or damage sustained by such other party with respect to the License Area or any portion thereof or the contents of the same or any operation therein, whether or not such loss. is caused by the fault or negligence of such other party, to the extent such loss or damage is covered by insurance required to be obtained by the waiving party under this Master License (whether such insurance was actually obtained by the waiving party or not) or is actually covered by insurance obtained by the waiving party. Each waiving party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the License Area, but the failure to obtain any such endorsement will not affect the waivers in this section. MASTER LICENSE AGREEMENT Page 32 of 40 s:Apublic works\wreless communications focilities\oars\rnla.extenet.fni.docx 19. LIMITATION OF LIABILITY 19.1. General Limitation on City's Liability. City is not responsible or liable to Licensee for, and Licensee hereby waives all Claims against City and its Agents and releases City and its Agents from, all Claims from any cause, including, but not limited to, acts or omissions of persons using the sidewalk or street adjoining or adjacent to or connected with the License Area; utility interruption; theft; burst, stopped, or leaking water, gas, sewer, or steam pipes; or gas, fire, oil, or electricity in, flood, or vehicle collision on or about the License Area or other City Property. 19.2. Consequential! Damages. Neither party would be willing to enter into this Master License or any foie Agreements in the absence of a complete waiver of liability, to the fullest extent permitted by Law, for consequential or incidental damages due to the acfs or omissions of such party or its Agents, and each party expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of each party or other waivers contained in this Master License and as a material part of the consideration for this Master License, each party fully releases, waives, and discharges forever any and all Claims against the other party for consequential and incidental damages arising out of this Master License or any Pole Agreement, including, but not limited to, lost profits arising from the disruption to Equipment, any interference with uses conducted under this Master License and any Pole Agreement, regardless of the cause, and whether or not due to the active or passive negligence or willful misconduct of the other party or its Agents, and covenants not to sue the other party or its commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, for such damages. 19.3. No Relocation Assistance. This Master License creates no right in Licensee to receive any relocation assistance or payment for any reason under the California Relocation Assistance Law (Cal. Gov. Code §§ 7260 et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. §§ 4601 et seq.), or similar Law upon any termination of occupancy. To the extent that any relocation Law may apply, except as otherwise provided in this Master License, Licensee hereby waives, releases, and relinquishes forever any and all Claims that it may have against City for any compensation from City except as specifically provided in this Master License upon termination of its occupancy of all or any part of the License Area. MASTER LICENSE AGREEMENT Page 33 of 40 s:\public works\wireless communications faci!ities\agrs\rnlo.extenet.fnl.docx 19.4. Non -Liability of City Officials, Employees, and Agents. No elective or appointive board, commission, member, officer, employee, or other Agent of City will be personally liable to Licensee, its successors and assigns, in the event of any default or breach by City or for any amount which may become due to Licensee, its successors, and assigns, or for any obligation of City under this Master License. 19.5. Scope of Waivers. Licensee acknowledges City's rights under this section and waives any Claims arising from the exercise of its rights. In connection with the preceding sentence and releases and waivers under this Master License, including but not limited to such releases and waivers in Section 9.2.4, Section 14, and Section 19, Licensee acknowledges that it is familiar with section 1542 of the California Civil Code, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Licensee realizes and acknowledges that the waivers and releases contained in this Master License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated Claims. Licensee affirms that it has agreed to enter into this Master License in light of this realization and, being fully aware of this situation, if nevertheless intends to waive the benefit of Civil Code section 1542 and any similar Law. The releases and waivers contained in this Master License will survive its expiration or earlier termination. 20. REGULATORY AND BANKRUPTCY RECORDS 20.1. Copies for City Records. Licensee must provide to City without request copies of: (a) any pending applications, communications, or other documents related to any filing by or against Licensee of an action for bankruptcy, receivership, or trusteeship; and (b) all relevant petitions, applications, communications, and reports submitted by Licensee to the FCC or any other Regulatory Agency having jurisdiction directly related to Licensee's installation or operation of Equipment on City Poles or other property, excluding in each case all confidential or privileged information or communications. MASTER LICENSE AGREEMENT Page 34 of 40 s:\public works wireless comrnunicof ons foc;lilies\agrs\mla.extenei.fnl.docx 20.2. Production of Documents. City will attempt to notify Licensee promptly after delivery of any request for copies of records related to Licensee's use of the License Area made under any public records Law or in any court proceeding and of fhe date on which the records are to be made available. It Licensee believes that any of the requested records are confidential or contain proprietary information, Licensee must identify those records to City before the date of required production. If the request is made through any court or administrative proceeding, or the requesting party otherwise makes a formal complaint regarding nondisclosure, Licensee will have the burden to obtain any protective order needed to withhold production. Licensee acknowledges that City's compliance with any court order, including a subpoena duces tecum, will not violate this Subsection. City's failure to notify Licensee will not affect City's legal obligation to produce records or give rise to any Claim by Licensee against City. 21. RULES AND REGULATIONS During the Term, Licensee must, to the extent practicable, comply with any and all reasonable rules, regulations, and instructions that City establishes, as amended from time to time, with respect to use of any part of the License Area. 22. HAZARDOUS MATERIALS 22.1. Hazardous Materials in License Area. Licensee covenants and agrees that neither Licensee nor any of its Agents or Invitees will cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, disposed of, or Released in, on, under, or about the License Area or any other part of City Property, or transported to or from any City Property in violation of Environmental Laws, except that Licensee may use small quantities of Hazardous Materials as needed for routine operation, cleaning, and maintenance of Licensee's Equipment that are customarily used for routine operation, cleaning, and maintenance of such Equipment and so long as all such Hazardous Materials are contained, handfed, and used in compliance with Environmental Laws. Licensee must immediately notify City if and when Licensee learns or has reason to believe any Release of Hazardous Material has occurred in, on, under, or about the License Area or other Cify Property. 22.2. Survival of Hazardous Materials Obligations. Notwithstanding any other provision herein, the obligations of this section will survive the termination of this Master License. MASTER LICENSE AGREEMENT Page 35 of 40 s:\pubfic works wireless communications f a di Iti es �og rs\ m la extenet.fri.uocx 23. GENERAL PROVISIONS 23.1. Notices. All notices relative to this Master License including, but not limited to, any notice of default, demand to cure, or notice of termination must be given in writing and personally served or sent by certified mail to the following addresses or any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxfun Avenue Bakersfield, CA 93301 LICENSEE: EXTENET SYSTEMS (CALIFORNIA) LLC Attn: Vice President 3030 Warrenville Road, Suite 340 Lisle, Illinois 60532 WITH A COPY TO: General Counsel at Same Address All notices under this Master License will be deemed to have been delivered (i) 2 days after deposit if delivered by certified mail, (ii) the date delivery is made by personal delivery; or (iii) the date an attempt to make delivery fails because a party has failed to provide notice of a change of address or refuses to accept delivery. 23.2. No Waiver of Default. The failure of any party to enforce against another party any provision of this Master License will not constitute a waiver of that party's right to enforce such a provision at a later time, and will not serve to vary the terms of this Agreement. 23.3. Amendments. No part of this Master License (including all Pole Agreements) may be changed, waived, discharged, or terminated orally, nor may any breach thereof be waived, altered, or modified, except by a written instrument signed by both parties. 23.4. Interpretation. The following rules of interpretation apply to this Master License: 23.4.1. General. Whenever required by the context, the singular includes the plural and vice versa; the masculine gender includes the feminine or neater genders and vice versa; and defined terms encompass all correlating forms of the terms (e.g., the definition of "Indemnify" applies to "indemnity." "indemnification," etc.). DIASTER LICENSE AGREEMENT Page 36 of 40 S.Apublic workslwireless communicafons facilities\agrs\mlo.extenet.fnl.dccx 23.4.2. Multi-party Licensee. If there is more than one Licensee, the obligations and liabilities under this Master License imposed on Licensee will be joint and several among them. 23.4.3. Captions_ The captions preceding the sections of this Master License and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Master License. 23.4.4. Time for Performance. Provisions in this Master License relating to number of days mean calendar days, unless otherwise specified. If the last day of any period to give notice, reply to a notice, or to undertake any other action occurs on a day that is not a Business Day, then the last day for undertaking the action or giving or replying to the notice will be the next succeeding Business Day. 23.4.5. City Actions. All approvals, consents, or other determinations permitted or required by City under this Master License will be made by or through the City Manager or his or her designee, unless otherwise provided in this Master License or by the City Charter or any City ordinance. 23.4.6. Words of Inclusion. The use of the term "including," "such as,"' or words of similar import when following any general or specific term, sfatement, or matter may not be construed to limit the term, statement, or matter to the stated terms, statements, or matters, whether or not language of non - limitation, such as "including, but not limited to" and "including without limitation" are used. Rather, the stated term, statement, or matter will be interpreted to refer to all other items or matters that could reasonably fall within the broadest possible scope of the term, statement, or matter. 23.4.7. Brokers. Neither party has had any contact or dealings regarding the license of the License Area, or any communication in connection therewith, through any licensed real estate broker or other person who could claim a right to a commission or finder's fee in connection with the license contemplated herein ("Broker"), whose commission, it any is due, is to be paid pursuant to a separate written agreement between such Broker and the party through which such Broker contracted. In the event MASTER LICENSE AGREEMENT Page 37 of 40 s:\pub'.ic works wireless communications facilities\ogrs\mlo.extenet.fnl.docx that any Broker perfects a Claim for a commission or finder's fee based upon any such contact, dealings, or communication, Licensee must Indemnify City from all Claims brought by the Broker. This section will survive expiration or earlier termination of this Master License. 23.4.8. Severability. If any provision of this Master License may prove to be invalid, void, or illegal, it is the intent of the parties that all other provisions of this Master License remain fully valid, enforceable, and binding on the parties hereto. 23.4.9. Governing Law and Venue. The Laws of the State of California will govern the validity of this Master License and its interpretation and performance. Any litigation arising in any way from this Master License must be brought in Kern County, California. 23.4.10. Entire Agreement. This Master License, including all exhibits and schedules, contains the entire agreement between the parties, and all prior written or oral agreements regarding the same subject matter are merged into this document. The parties further intend that this Master License, all Pole Agreements, and all exhibits and schedules will constitute one agreement that contains the complete and exclusive statement of its terms and that no extrinsic evidence (including prior drafts and revisions) may be introduced in any judicial, administrative, or other legal proceeding involving this Master License. Licensee hereby acknowledges that neither City nor City's Agents have made any representations or warranties with respect fo City Poles or this Master License except as expressly set forth herein, and no rights, easements, or additional licenses are or will be acquired by Licensee by implication or otherwise unless expressly set forth herein. 23.4.11. Time of Essence. Time is of the essence in this Master License. 23.4.12. Survival. Expiration or earlier termination of this Master License will not affect the right of either party to enforce any and all Indemnities and representations and warranties given or made to the other party under this Master License, or any provision of this Master License that expressly survives termination. MASTER LICENSE AGREEMENT Page 38 of 40 s:\public wcrkslw reiess communications fadIiiies\agrslmla.extenel.fnl.docx 23.4.13. Recording. Licensee agrees not to record this Master License, any Pole Agreement, or any memorandum or short form of any of them in the Official Records of the City and County of Kern. 23.4.14. Counterparts. This Master License may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will be one and the some instrument. 23.4.15. Cooperative Drafting. This Master License has been negotiated at arm's length between persons sophisticated and knowledgeable in the matters it addresses and was drafted through a cooperative effort of both parties, each of which has had an opportunity to have this Master License reviewed and revised by legal counsel. No party will be considered the drafter of this Master License, and no presumption or rule (including that in Cal. Civil Code § 1654) that an ambiguity will be construed against the party drafting the clause will apply to the interpretation or enforcement of this Master License. 23.4.76. Authority to Approve Agreement. Each person signing this Master License and any Pole Agreement on behalf of Licensee warrants and represents that: (i) he or she has the full right, power, and capacity to act on behalf of Licensee and has the authority to bind Licensee to the performance of its obligations under those agreements without the subsequent approval or consent of any other person or entity; (ii) Licensee is a duly authorized and existing entity; (iii) Licensee is qualified to do business in California; and (iv) Licensee has full right and authority to enter into this Master License and Pole Agreements. Upon City's request. Licensee must provide City with evidence reasonably satisfactory to City confirming the representations and warranties above. [Signatures on Next Page] MASTER LICENSE AGREEMENT Page 39 of 40 s'lpublic work.slwireless co.mmunicat ons facilities\agrs\mla extenet.fnl.docx IN WITNESS WHEREOF, the parties hereto have caused this Master Ucense to Ise executed the, day and year first -above written. CITY CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED as to form: VIRGINIA GENNARO City AttorprGV a ANDREW HEGLUN Deputy City Altar Insurance: APPROVED as, fo content: PUBLIC WORKS DEPARTMENT By=... NICK FIDLEk" Pubic Works Director couNrERSIGNED: NELSONI K. SMITH Finance Drector Ij I ; EXTENET S ' TEMS (CALIFORNIA), LLC By: PruntName: :-., Danidl—Tinini.— Title: Vice President Dote: MASrERUCENSE AGREEM,ENI s:\Publk works\vvireless cornmunications facililies\�iigrs\mia.exteir)(,i.ft),dc)cx Page 40 of 40 Definitions Capitalized and other defined terms used in the Master License Agreement for Installation of Wireless Telecommunication Facilities on City Street Light Poles f"Master License") and all exhibits have the meanings set forth herein or in the text where indicated, subject to the rules of interpretation set forth in Section 23.4 (Interpretation) of the Master License. Additional Fees is defined in Subsection 3.3.2. 2. Affiliate: An entity that directly or indirectly controls, is controlled by, or is under the common control with Licensee and has a net worth of at least $10 million. 3. Agents: When used with respect to either party includes the agents, employees, officers, contractors, subcontractors, and representatives of that party in relation to this Master License and the License Area. 4. Approved Plans: The plans and specifications approved by City when issuing a Permit that relates to a Pole Agreement for which those plans and specifications were submitted. 5. Assign: Any of the following: (a) merge, acquire, or otherwise transfer a controlling interest in Licensee, voluntarily or by operation of Law; (b) sale, encumber, pledge, or otherwise transfer any part of its interest in or rights with respect to the License Area; and (c) any action permitting any portion of the License Area to be occupied by anyone other than itself, including a sublicense. 6. Assignment: Any of the following: (a) a merger, acquisition, or other transfer of a controlling interest in Licensee, voluntarily or by operation of Law; (b) Licensee's sale, assignment, encumbrance, pledge, or other transfer of any part of its interest in or rights with respect to the License Area; and (c) any action by Licensee to permit any portion of the License Area to be occupied by anyone other than itself; including a sublicense. 7. Braker is defined in Subsection 23.4.7. 8. Business day: A day other than a Saturday, Sunday, or a bank or City holiday. 9. City Pale: A street light Pole owned by City. 10. Claim: Liability, claims, actions, causes of action, or demands. 13. Common Control: Two entities that are both Controlled by the same third entity. Master License Agreement Exhibit A Poge 1 of 4 Definitions 12. Controlled: (a) as to a corporation, the ownership of stock having fhe right to exercise more than 50% of the total combined voting power of all classes of stock of the controlled corporation, issued and outstanding; and (b) as to partnerships and other forms of business associations, ownership of more than 50% of the beneficial interest and voting control of such association_ 13. CPUC: California Public Utilities Commission. 14. Director: City's Public Works Director. 15. Effective Date: The effective date of this Master License as specified in the Master License's caption. 16. EMF: Electromagnetic field. 17. Environmental Laws: Any Law relafing to industrial hygiene, environmental conditions, or a Hazardous Material. 18. Equipment: Antennas and any associated utility or equipment box, and battery backup, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables and wiring, and ancillary equipment for the transmission and reception of radio communication signals for voice and other data transmission, including the means and devices used to attach Equipment to a licensed City Pole, peripherals, and ancillary equipment and installations, including wiring, cabling, power feeds, and any approved signage attached to Equipment. 19. FCC: The Federal Communications Commission. 20. Hazardous Material: Any material that, because of its quantity, concentration, or physical or chemical characteristics, is at any time now or hereafter deemed by any Regulatory Agency to pose a present or potential hazard to human health, welfare, or safety or to the environment. Hazardous Material includes any material or substance defined as a "hazardous substance," "pollutant," or "contaminant" in CERCLA or section 25316 of the California Health & Safety Code; any "hazardous waste" listed in section 25140 of the California Health & Safety Code: and petroleum, including crude oil or any fraction thereof, natural gas, or natural gas liquids. 21. Indemnified Parties: The City and City's officers, Agents, employees, Invitees, and their respective heirs, legal representatives, successors, and assigns. 22. Indemnify: To indemnify, defend, and hold harmless. Master License Agreement Exhibit A Page 2 of 4 Definitions 23. Invitees: When used. with respect to either party, includes the clients, customers, invitees, guests, tenants, subtenants, licensees, assignees, and sublicensees of that party in relation fo the License Area. 24. Law: All present and future statutes, ordinances, codes, orders, regulations, and implementing requirements and restrictions of federal, state, county, and municipal authorities, whether foreseen or unforeseen, ordinary as well as extraordinary, as adopted or as amended at the time in question. 25. License Area: Individually and collectively for all licensed City Poles, the portion of the City Poles approved for installation of Equipment, including, but not limited to, conduits housing the circuits delivering power to the City Pales and street light pull boxes as depicted on the plans and specifications associated with the related Permit. 25. License Fee is defined in Subsection 3.3.1. 27. Master License is defined in the preamble, and where appropriate in the context, includes all Pole Agreements issued under if. 28. NESC: California Electric Code, National. Electric Safety Code IEEE C2. 29. Permit: Wireless Facilities Right -of --Way Permit under Bakersfield Municipal Code Chapter 12.30. 30. Permitted Assignment is defined in Subsection 15.1. 31. Permitted Use: Licensee's installation, operation, and maintenance of E=quipment for the transmission and reception of wireless, cellular telephone, and data and related communications equipment on License Areas. 32. Pole: A street light pole including, but not limited to cabling, conduit, luminaire, and any other appurtenant equipment necessary for the proper operation of the street lighting system. 33. Pole Agreement: An agreement that incorporates the provisions of this Master License and authorizes Licensee to install, operate, and maintain Equipment for the Permitted Use on a City Pole identified in the Pole Agreement. 34. Pole Location: The geographic information identifying each City Pale on which Licensee is authorized to install, operate, and maintain Equipment under each Pole Agreement. Master License Agreement Exhibit A Page 3 of 4 Definitions 35. Property: Any interest in real or personal property, including land, air, and water areas, leasehold interests, possessory interests, easements, franchises, and other appurtenances, public rights-of-way, physical works of improvements such as buildings, structures, infrastructure, utility, and other facilities, and alterations, Installations, fixtures, furnishings, and additions to existing real property, personal property, and improvements. 36. Regulatory Agency: The local, regional, state, or federal body with jurisdiction and responsibility for issuing Regulatory Approvals in accordance with applicable Laws. 37. Regulatory Approvals: Licenses, permits, and other approvals necessary for Licensee to install, operate, and maintain Equipment on the License Area. 38. Release or Released, when used with respect to Hazardous Material: includes any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing on, under, or about the License Area, other City Property, or the environment. 39. Subsidiary: An entity controlled by Licensee that has a net worth of at least $5 million. s:\pubIic works\wire[es s communications faCilities\agrAm1a.ex. a.definitions.docx Master License Agreement Exhibit A Page 4 of 4 License Fee I. Initial Payment: $6,000 2. Annual Payment per calendar Year: Calendar Year 2018 Annual Payment $1,500 2019 $1,560 2020 $1,622 2021 $1,687 2022 $1,754 2023 $1,824 2024 $1,897 2025 $1,973 2026 $2,452 2027 $2,134 Master License Agreement s:\Public wcrks\wireless communications facilifies�agrs�mla.ex.b.fee.docx Exhibit B WIRELESS COMMUNICATION FACILITY ON STREET LIGHT POLE POLE AGREEMENT # for Streetlight # This POLE AGREEMENT, effective as of is made between the City of Bakersfield, a municipal corporation ("City"), and , a California ("Licensee"). City and Licensee agree as follows: 1. The terms of the Master License Agreement # ("Master License") are incorporated herein by this reference as though fully set forth herein, and are binding on City and Licensee as it relates to Licensee's use of the City Property defined below. The definitions utilized in the Master License apply to this Pole Agreement. 2. Subject to the terms of the Master License, this Pole Agreement grants Licensee a contractual privilege to use the portion of City Property depicted in Wireless Facilities Right -of -Way Permit # ("Permit"). The Permit and related attachments are incorporated herein by this reference. 3. The Annual Payment portion of the License Fee will be paid as outlined in the Master License beginning calendar year 4. This Pole Agreement will terminate on unless otherwise terminated pursuant to the Master License. 5. Licensee acknowledges that: (a) this Pole Agreement will not be effective until the underlying Permit is approved by City; and (b) Licensee will not have the right to access or install Equipment pursuant to this Pole Agreement until the City has: (i) accepted Licensee's insurance documentation as provided in the Master License; and (ii) issued the Permit to Licensee. CITY OF BAKERSFIELD NICK FIDLER Public Works Director Address: Phone: Fax: Print Name and Title c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\11258775-08ef-4241-ad16-f72e9a8dafa6\pdfconvert.11977.1.mla.pole.agr.fnl.docx ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/6/2018 iTiff-11 1.1 SUBJECT: Utility agreement with Pacific Gas and Electric Company ($1,262,560) for the relocation of electric distribution facilities in conflict with the Centennial Corridor, Phase 4 Project (mainline). STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Pacific Gas and Electric Company (PG&E) owns and maintains public utility facilities within the project area that are in direct conflict with the construction of the Centennial Corridor, Phase 4 Project. These facilities are located within a PG&E private easement and public right-of- way. PG&E will relocate the facilities, but the City is responsible for a portion of the relocation costs. In this particular case, the City is responsible for 41.6 percent of project cost, which is equal to $1,262,560. PG&E is responsible for 58.4 percent of project costs, which is equal to $1,772,440. Total relocation costs are estimated at $3,035,000. Before the City can submit the funding request to Caltrans to authorize the use of federal funds, this utility agreement needs to be approved and signed by PG&E and the City. City staff will be requesting federal funds for the construction of the Centennial Corridor, Phase 4 in the near future. This proposed agreement is funded entirely with federal funds; therefore, there is no General Fund impact associated with this agreement. F-11 i all M I ��i 14 Ll k &I Description D Udfity/kgireeirneintCOB 10G 104A Type Agireeirneint District County Route PM EA 6 Kern 58 99 R50.5/R55.5 22.7/23.8 06-484604 Federal Aid No. 5109 (106) Owner's File COB -10G -104A AGREEMENT NO. UTILITY AGREEMENT The City of Bakersfield hereinafter called "CITY" is responsible for the design and construction of the Centennial Mainline Project ("PROJECT" herein) located on State Route 99 (SR -99) between Ming Avenue and State Route 58 (SR -58) and west of State Route 58, between South Real road and Truxtun Avenue. The project consist of realigning SR -58 through the Westpark community of west Bakersfield and connecting to Rosedale Highway via Westside Parkway, the project includes a collector distributor road on Southbound SR -99, and various roadway and drainage improvements on SR -99. Pacific Gas & Electric Company, 1918 H Street, Bakersfield, CA 93301, hereinafter called "OWNER" owns and maintains electrical facilities that are within the limits of CITY's project which require relocation to accommodate CITY's PROJECT. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. COB -10G -104A, dated August 3; OWNER shall relocate existing facilities to accommodate the City's Highway Project. All work shall be performed substantially in accordance OWNER's Plan No. 31316580 titled "CENTENNIAL CORRIDOR PHASE 2", dated December 29, 2017, consisting of 14 sheets, copies of which are on file in the Office of the Thomas Roads Improvement Program (TRIP) of the City of Bakersfield's Public Works Department at 1600 Truxtun Ave., Suite 300 in Bakersfield, CA 93301. Deviations from the OWNER's plan described above initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's Plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner. -- Page 1 of 7 Pages -- II. LIABILITY OF WORK The existing facilities described in Section I above will be relocated at 41.6% CITY expense and 58.4% Owner expense in accordance with the City of Bakersfield Franchise Agreement at the following proration: Liability percentage determine per the dollar weighted method: Installed replacement cost of the existing facilities located within the project limits where PG&E has superior land rights is $511,000. DIVIDE BY The total of the installed replacement cost for all the existing facilities within the project limits is $1,228,000. 511,000/1,228,000 = 0.416 x100 = 41.6% City The total cost to perform this work is estimated to Three million thirty five thousand dollars ($3,035,000.00) or ($1,262,560 CITY, $1,772,440 OWNER). III. PERFORMANCE OF WORK OWNER agrees to perform the herein -described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by State's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA -1301 is to be completed and submitted for all non -State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Work performed directly by Owner's employees falls within the exception of Labor Code Section 1720(a) (1) and does not constitute a public work under Section 1720(a) (2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT OF WORK The CITY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on -- Page 2 of 7 Pages -- the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by CITY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), CITY will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the CITY processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by CITY. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of CITY. -- Page 3 of 7 Pages -- Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of CITY's request of March 4, 2015 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If CITY's PROJECT which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of CITY under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement." In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP -21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. -- Page 4 of 7 Pages -- Owner understands and acknowledges that this project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance and will demonstrate BA compliance by collecting written certification (s) from the vendor(s) or by collecting written certification (s) from the manufacturer(s) (the mill test report (MTR). All documents obtained to demonstrate BA compliance will be held by the OWNER for a period of three (3) years from the date the final payment was received by the OWNER and will be made available to CITY or FHWA upon request." One set of copies of all documents obtained to demonstrate BA compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. It is understood that said highway is a Federal aid highway and, accordingly, 23 CFR 645 and 23 U.S.C. 313, as applicable, is hereby incorporated into this Agreement by reference. However, OWNER represents and warrants that the non-domestic iron and steel materials used on this relocation do not exceed one-tenth of one percent (<O.1 %) of this Utility Agreement amount, or $2,500, whichever is greater. -- Page 5 of 7 Pages -- To CITY: Tel: Email: To OWNER: Pacific Gas and Electric Company 1918 H Street Bakersfield, CA 93301 Attn: Salvador Graciliano, Land Agent Email: SxGg@pge.com Any Party from time to time, by notice to the other Party, given as set forth above, may change its address for purpose of receipt of any such Notice. [Signatures on following page.] -- Page 6 of 7 Pages -- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY": CITY OF BAKERSFIELD LIM KAREN GOH, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director "OWNER": PACIFIC GAS AND ELECTRIC COMPANY By: Name: Andrew K. Williams Title: Vice President Land & Environmental Management -- Page 7 of 7 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements n. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DATE: 8/8/2018 111-11 V 03 SUBJECT: Amendment No.1 to Agreement No. 18-055 with the Kern County Department of Public Health ($30,192; revised not to exceed $455,216; and extend term to March 30, 2019) to provide services for the Housing Opportunities for People with AIDS Program. Staff recommends the approval of the amendment. BACKGROUND: On April 11, 2018, the City Council approved Agreement No. 18-055, granting $425,024 of U.S. Department of Housing and Urban Development (HUD) Housing Opportunities for Persons with AIDS (HOPWA) funds to the Kern County Department of Public Health (Department). These funds are being used by the Department to increase access to decent, stable, and affordable housing for low-income persons living with HIV and AIDS and their families. HOPWA was established in 1992 to address the specific needs of persons/families living with HIV/AIDS. The HOPWA entitlement program (a method for allocating funds to eligible cities on behalf of their metropolitan areas) makes grants to local communities, state and non-profit organizations for projects that benefit low-income persons medically diagnosed with HIV/AIDS and their families. The City meets the HUD entitlement criteria based on its population size and number of AIDS cases. The City's HOPWA entitlement for Fiscal Year (FY) 2017-18 was $438,169. Program activities provided by the Department include short-term rent subsidies to defray rent and emergency utility assistance for families; hotel/motel voucher assistance/ care plans which address need for services, food, transportation and links into treatment and care for HIV/AIDS and associated medical issues; emergency mortgage assistance, tenant based rental assistance vouchers; and staff salaries necessary to provide the services listed above. City staff will be responsible for reporting outcomes and monitoring the services of the program. Because of funding delays by the federal government, the project agreement between City and Department was delayed into the City's fiscal year, allowing insufficient time to expend all funds by the end of the City's fiscal year. Agreement No. 18-055 gives staff the ability to request an automatic six-month extension to the term of the agreement; however, staff is requesting a nine- month extension to allow ample time for the Department and its sub -recipients to fully expend the FY 2017-18 funds. This request also adds $30,192 in unexpended funds from FY 2016-17 to the amended agreement. The new agreement amount will be $455,216, and the term will be extended to March 30, 2019. Staff recommends the approval of Amendment No. 1 to Agreement No. 18-055 with the Department to extend the term of the agreement and increase the total compensation to $455,216, allowing the Department full access of funds to increase access to decent, stable, and affordable housing for low-income persons living with HIV and AIDS and their families. F-11 1i all M I ��i 14 Ll k &I Description D Amendment No 1 Type Agireeirneint AGREEMENT NO. AMENDMENT NO. [1] TO AGREEMENT NO. 18-055 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-055 is made and entered into on September 5, 2018 by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and County of Kern, Public Health Department (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CITY and CONTRACTOR entered into Agreement No. 18-055 on April 11, 2018; and WHEREAS, the parties desire to amend Agreement No. 18-055 to extend the term to March 30, 2019; and add THIRTY THOUSAND ONE HUNDRED NINETY- TWO AND NO/100 DOLLARS ($30,192.00) to the original payment amount; and WHEREAS, CITY and CONTRACTOR have agreed to extend the Agreement term, and increase the compensation amount by THIRTY THOUSAND ONE HUNDRED NINETY-TWO AND NO/100 DOLLARS ($30,192.00). NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 3 of Agreement No. 18-055 entitled "PAYMENT" is hereby amended to read as follows: PAYMENT. It is expressly agreed and understood that the total amount to be paid by CITY under this Agreement shall not exceed FOUR HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED FIFTEEN AND NO/1000 DOLLARS ($455,216.00). 2. Section 3.2.3 of Agreement No. 18-055 entitled "TERM" is hereby amended to read as follows: Term. The term of this Agreement shall begin July 1, 2017, and end March 30, 2019. This term may be extended for up to six months in accordance with Section 9.3 of this Agreement, in the event all funds are not expended by March 30, 2019. 3. Except as amended herein, all provisions of Agreement No. 18-055 shall remain in full force and effect. AMENDMENT TO AGREEMENT No. 18-055 -- Page 1 of 2 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 18-055 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor "COUNTY" COUNTY OF KERN MIKE MAGGARD Chairman, Board of Supervisors APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEALTH SERVICES DEPARTMENT JACQUELYN R. KITCHEN Development Services Director APPROVED AS TO FORM VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II COUNTERSIGNED NELSON K. SMITH Finance Director AMENDMENT TO AGREEMENT No. 18-055 By: MATTHEW CONSTANTINE Director APPROVED AS TO FORM GURUJODHA KHALSA Chief Deputy County Counsel -- Page 2 of 2 Pages -- 09105118 CC A GENDA PA CKET PG 284 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/7/2018 iTiff-11 1.1 SUBJECT: Contract Change Order No. 14 (final close-out) to Agreement No. 15- 260 with Security Paving Company (-$189,173.18; revised not to exceed $6,306,461.85) for the State Route 99 at State Route 58 (Rosedale Highway) Off -Ramp Improvement Project. Staff recommends approval of the contract change order. BACKGROUND: This project consists generally of constructing a new lane along southbound State Route (SR) 99 between the Gilmore Avenue undercrossing and the off -ramp to Rosedale Highway. Also, the project includes widening the Rosedale Highway southbound off -ramp to two lanes where it exits from SR -99, and subsequently widening the off -ramp to four lanes at its terminus at Rosedale Highway. Change Order No. 14 is the final balancing change order. Once all project construction is complete per the final plans and specifications, the exact quantities of the various contract items incorporated into the project are determined and compared to the quantities listed in the bid documents. The final contract item quantities are either increased or decreased from the estimated quantities listed in the bid documents, which results in corresponding increases and decreases in the final total cost for these various items. This change order also includes liquidated damages charged to the contractor for not completing the project in the time specified in the contract documents. The amount charged to the contractor for liquidated damages covers the additional costs the City had to incur for the additional time the contractor took to complete the project, typically additional construction management services. The final adjustment for this project results in a net decrease of $189,173.18. The sum of all change orders to date on this project reflects a total cost increase of $23,703.85 (resulting in a 0.38 percent to the original contract amount) as illustrated below: --------------------------------------- ........... Original Contract Amount ,$6,282,758.00 Previous Change Orders= P12,877.03 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... Current Change Order No. 14 �=�-$189,173.18 Amended Contract Agreement after CCOs $6,306,461.85 �;Net Increase to date ,$23,703.85 Adequate State Highway Operational and Protection Program (SHOPP) funds have been previously budgeted to cover these additional costs. There is no General Fund impact associated with this change order. F-11 1i all M I ��i 14 Ll k &-] Description Type D CointiractChair geOirdeirNor. '14 Agireeirneint CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER CONTRACT NO. 15-260 CHANGE ORDER NO. PROJECT: SR -99 @ SR -58 ROSEDALE HWY OFF RAMP IMPROVEMENT PROJECT CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 SHEET 1 OF 2 14 P.O. NO. 161695 P099(591) FEDERAL NO. (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Luis Tooete, P.E. Resident Enoineer DATE: CHANGE REQUESTED BY: Luis ToQete, P.E. Resident Engineer DATE: Balance all contract bid items and applicable contract change orders as included on sheets 1 through 2 of this Balancing CCO. All other CCO's not included in this Balancing CCO have been paid in full or do not apply and no additional compensation shall be made. Decreases in Contract Items at Contract Item Prices: Item No. 8 Temporary Pavement Marking (Paint): Item No. 9 Temporary Traffic Stripe (Paint): Item No. 13 Temporary Railing (Type K): Item No. 14 Temporary Crash Cushion Module: Item No. 19 Move-In/Move-Out (Temp Erosion Control): Item No. 24 Temporary Construction Entrance: Item No. 28 Remove Yellow Thermostatic Traffic Stripe (Hazardous Waste): Item No. 61 Class 2 Agg Base: Item No. 62 Lean Concrete Base: Item No. 63 HMA (Type A): Item No. 66 Jointed Plain Concrete Pavement: Item No. 70 Minor Concrete (Minor Structure): Item No. 84 Install Roadside Sign (Laminated Wood Box Post): Item No. 87 24" Reinforced Concrete Pipe: Item No. 88 36" Reinforced Concrete Pipe: Item No. 94 Detectable Warning Surface: Item No. 108 Concrete Barrier (Type 60): Item No. 111 Thermoplastic Pavement Marking (Enhanced Wet Night Visibility): Item No. 116 8" Thermoplastic Traffic Stripe (Enhanced Wet Night Visibility) : Item No. 117 Pavement Marking (Tape): Item No. 129 Maintain/Additional Traffic Control: Item No. 130 Payment Adjustment for Price Index Fluctuations: -160 SQFT (-25.8%) @ $4.25/SQFT= ($680.00) -2488 LF (-9.3%) @ $0.32/LF= ($796.16) -220 LF (-4.0%) @ $13.45/LF= ($2,959.00) -14 EA (-22.2%) @ $200/EA= ($2,800.00) -2 EA (-66.6%) @ $215/EA= ($430.00) -3 EA (-60.0%) @ $2900/EA= ($8,700.00) 680 LF (-16.3%) @ $2.15/LF= ($1,462.00) -128.88 CY (-28.6%) @ $78/CY= ($10,052.64) -11.69 CY (-1.0%) @ $139/CY= ($1,624.91) -158.62 TON (-13.3%) @ $92/TON= ($14,593.04) -53.54 CY (-1.4%) @ $191/CY= ($10,226.14) -4.66 CY (-8.5%) @ $1380/CY= ($6,430.80) -5 EA (-83.3%) @ $2385/EA= ($11,925.00) -0.7 LF (-7.8%) @ $176/LF= ($123.20) -6.3 LF (-1.5%) @ $150/LF= ($945.00) -2 SF (-7.7%) @ $48/SF= ($96.00) -3 LF (-0.23%) @ $77/LF= ($231.00) 7.5 SF (-0.73%) @ $8.50/SF= ($63.75) -6 LF (-1.88%) @ $1.25/LF= ($7.50) -4286 SF (-46.2%) @ $6.60/SF= ($28,287.60) -0.553 LS (-55.3%) @ $35,000/LS= ($19,620.71) -1 LS (-100%) @ $50,000/LS= ($50,000.00) Total Decreases in Contract Items at Contract Item Prices = ($172,054.45) There will be no adjustment of the above contract bid items, in accordance with the Standard Specifications Section 9-1.06 "Changed Quantity Payment Adjustment" by reason of this change. continued from page 1 CONTRACT NO. 15-260 CONTRACT CHANGE ORDER CHANGE ORDER NO. Increase in Contract Item at Contract Item Prices: Item No. 4 Time -Related Overhead 14 SHEET 2 OF 2 P.O. NO. 161695 68 WDAY @ $1,400/WDAY $95,200.00 Total Increase in Contract Item at Contract Prices = $95,200.00 There will be no adjustment of the above contract bid items, in accordance with the Standard Specifications Section 9-1.06 "Changed Quantity Payment Adjustment' by reason of this change. Balance Force Account Chanae Order's for Final Pavment (Executed Contract Chanae Order Balancin CCO Number Description CCO Amount CCO Paid Amount Balancing CCO #2 Buried Man Made Objects $9,900.00 $9,291.17 ($608.83) CCO #6 Additional Median Grading $3,000.00 $1,522.00 ($1,478.00) CCO #7 Additional Grading and Shoulder Work $10,000.00 $7,900.25 ($2,099.75) CCO #8 Move Electrical Conduits $1,500.00 $0.00 ($1,500.00) CCO #8 Additional Grading and Place LCB $4,200.00 $2,734.94 ($1,465.06) CCO #8 Saw Cut Additional Areas of JPCP $4,200.00 $3,626.01 ($573.99) CCO #11 Traffic Control for Pole G $8,000.00 $7,162.84 ($837.16) CCO #12 Gilmore Grading $9,900.00 $19,144.06 $9,244.06 Total Balance of Force Account Change Orders = $681.27 The change order payment amounts above represent the final amounts for payment and no additional compensation will be made. Liquidated Damages: In accordance with Special Provisions Part A Section 4, 'Beginning of Work, Time of Completion and Liquidated Damages" and Section 8-1.10 "Liquidated Damages" of the Standard Specifications, the Contractor shall provide a credit to City in the amount of $113,000.00 for failing to complete the project within the specified completion date identified in the project Special Provisions. Liquidated Damages = ($113,000.00) ACCOUNT NO (S) 122-4021-825-8041 TRCC47 INCREASE DECREASE ($189,173.18) By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: 68 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, 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 therefore the prices shown above. Accepted, Date: Contractor: Title: ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/8/2018 WARD: Ward (s) 2, 3 SUBJECT: Contract Change Order No. 2 to Agreement No. 17-044 with Security Paving Company ($333,675.45 revised not to exceed $41,615,204.89) for the Kern River Bridge Improvement Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: The Kern River Bridge Improvements Project (KRBI) is the first phase of the Centennial Corridor Project. The project includes the widening of two existing bridges that cross over the Kern River and Truxtun Avenue. These widened bridges will ultimately become the mainline freeway for both eastbound and westbound traffic on future State Route (SR) 58. The project also includes the construction of the future westbound SR -58 off -ramp to Mohawk Street. This off -ramp requires the construction of two new bridges: one to cross over the Kern River and one to cross over Truxtun Avenue. Other improvements include widening of the existing on-ramp from Mohawk Street to eastbound SR -58 and installation of ramp metering facilities; storm drainage facilities including retention basins; traffic signal system modifications; a retaining wall along the future westbound SR -58 off -ramp to Mohawk Street; signing and striping improvements; and replacement of the metal beam guardrail around the perimeter of the eastbound off -ramp to Truxtun Avenue with a concrete barrier. Change Order No. 2 provides compensation to the contractor for the addition of polymer fiber reinforcement, in accordance with a new Caltrans specification. All four bridge decks in this project are required to meet this new specification. The original specifications used for bidding the project did not include this requirement. This new specification was recently issued by Caltrans to prevent bridge deck cracking and is applicable to all new bridges in California. This contract change order results in a net increase of $333,675.45. The sum of all change orders to date on this project reflects a total cost increase of $455,982.79 (which results in a 1.1 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $ 41,159,222.10 Previous Change Orders = $ 122,307.34 Current Change Order No. 2 = $ 333,675.45 Amended Contract Agreement after CCOs = $ 41,615,204.89 Net Increase to date = $ 455,982.79 Adequate federal and local funds have been previously budgeted to cover these additional costs. This contract change order is funded 80 percent by federal earmark funds and 20 percent by the Capital Outlay Utility/Roads Fund. Therefore, there is no General Fund impact associated with these change orders. F-11 1i all M I ��i 14 Ll k &-] Description D CCO No 2 Type Agireeirneint CITY OF BAKERSFIELD Thomas Roads Improvement Pro ram CONTRACT CHANGE ORDER SHEET M CONTRACT NO, 17-044 CHANGE ORDER NO. 2 P.O. NO. PROJECT: Kern River Bridge Improvements Project (KRBI) NCIIPL - 5109 (106) TRCC17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until aperoved 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 equi2ment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY; &QgraBQJUap,�onstructionMan-qggLAEQQM DATE: 802018 CHANGE REQUESTED BY: Andres &ldanQJiQn r MaaaggE �AEQQM _Q2[gJU DATE: 8/2/2018 Adjustment in CormDensation at Aareed Lunno Sum In accordance with Standard Specification Section 41.058, "Work Character Changes," the Contractor shall provide all labor, materials, equipment, incidentals, etc. to place bridge deck concrete for the Kern River Bridge (Widen) (Br. No. 50C-03575), Kern River Bridge (8r, No. 50C-0357_1), Truxtun Avenue UC (Widen) (Br. No. SO& 0358) and WB SR -58 Off -Ramp (Truxtun Ave) (Br. No. 50C -0358K) in accordance with the revised Caltrans Specificaitons in eluded on Sheet 2 of 2 of this Contract Change Orderr. Per the increase in labor and materials resulting from this change, the Contractor shall receive and accept the agreed lump sum of $333,675.45 This sum, when combined with payment for Bid Item No. 87 "Structural Concrete, Bridge", constitutes full and compete compensation for doing all the work by reason of this change including all mark-ups, and no additional compensation will be made. No adjustment of contract time is due by reason of this change ACCOUNT NO (S) 125-4021-825-8041 TRCC17 335-4021-825-8041 TRCC17 Adjustment in Compensation at Agreed Lump Sum: $333,675.45 INCREASE $333,675.45 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor. have given careful consider at ron in i he change proposed and hereby agree, if this inoposal is approved, That we will provide all equipment, furnish till i PYherelore the ofrucs shown above. nQcQssary for The work above specified, and will ac�cfu,* Jul] ament t Title: Date: ]SL - &�l —T--!! Accepted, Dat '—Z Contra or,�� 1-101�49 Add tosection 51'1.U1C( ): Mthe methacrylate crack treatment isperformed within 1OOfeet ofaresidence, business, orpublic space, submit apublic safety plan that includes: Public notification letter with a list of delivery and posting addresses. The letter mustdescribe the work to be performed and state the treatment work locations, dates, and times. Deliver the letter to residences and businesses within 100 feet of overlay work and to local fire and police officials not less than 7 days before starting overlay activities. Post the letter adthe job site. Airborne emissions monitoring plan. A CIH certified in comprehensive practice by the American Board ofIndustrial Hygiene must prepare and execute the plan. The plan must have edleast 4monitoring points including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during overlay activities. Action plan for protecting the public if levels of airborne emissions exceed permissible levels. Copy ofthe C|H`ucertification, After completing methacrylate crack treatment activities, submit results from monitoring production airborne emissions as an informational submittal. Submit edeok placement plan for concrete bridge decks, Include in the placement plan your method and equipment for ensuring that the concrete bridge deck is kept damp bymisting immediately after finishing the concrete surface. Concrete for concrete bridge decks must contain polymer fibers. Each cubic yard ofconcrete must contain at least 1 pound of microfibers and at least 3 pounds of macrofibers. Concrete for concrete bridge decks must contain a shrinkage reducing chemical admixture. Each cubic yard ufconcrete must contain sdleast -3/4 gallon ofoshrinkage reducing admixture, Myou use the maximum dosage rate shown on the Authorized Material List for the shrinkage reducing admixture, your submitted shrinkage test data does not need to meet the shrinkage limitation specified. Replace the 2nd paragraph of section S1-1.03Hwith: Cure the top surface of bridge decks by (1) misting and (2) the water method using a curing medium under section 90-1 .03B(2). After strike off, immediately and continuously mist the deck with an atomizing nozzle that forms a mist and not a spray. Continue misting until the curing medium has been placed and the application of water for the water method has started, At the end of the curing period, remove the curing medium and apply curing compound on the top surface of the bridge deck during the same work shift under section 90-1.03B(3). The curing compound must be curing compound no. 1. Replace the row for bridge deck concrete hmthe table inthe 1st paragraph ofsection 9O -1.02A Bridge deck concrete 0.032 90-1.02K Polymer Fibers Fibers must comply with ASTM D75Q8. Micmfibermmust befrom 1/2Lo2inches long. &4anrofiberamust be from 1 to 2-1/2 inches long. ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements q. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/9/2018 iTiff-11 1.1 SUBJECT: Contract Change Order Nos. 6 and 7 to Agreement No. 17-206 with Cal Prime, Inc. ($86,118.00; revised not to exceed $1,991,114.06), for the Westpark Street Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change orders. 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. 6 provides for compensation to the contractor for additional work for removing storm drain pipe and installing about 252 linear feet of 24 -inch reinforced concrete pipe to address an elevation discrepancy in the tie-in point to an existing storm drain system. The original tie-in point was higher than anticipated. Therefore, the tie-in point was moved further south from the intersection of Marella Way and Fallbrook Street. This contract change order results in an estimated increase of $41,760. Contract Change Order No. 7 provides for compensation to the contractor for additional hot mix asphalt paving along Morrison Street and Joseph Drive and the deletion of cold planing on La Mirada Drive and Marella Way. The additional quantities were not included in the original plans. This contract change order results in an estimated increase of $44,358. The sum of all change orders to date on this project reflects a total cost increase of $123,614.06 (which results in a 6.6 percent increase to the original contract amount) as illustrated below: Original Contract Amount = $ 1,867,500.00 Previous Change Orders = $ 37,496.06 Current Change Order No. 6 & 7 = $ 86,118.00 Amended Contract Agreement after CCOs = $ 1,991,114.06 Net Increase to date = $ 123,614.06 Local Transportation Development funds provide the funding source for this project; therefore, there is no impact to the General Fund. F-11 i all M I ��i 14 Ll k &-] Description Type D Contract Chainge Order No 6 Agireeirneint D Contract Chainge Order No 7 Agireeirneint Thomas Roads Improvement Program 16M CONTRACT NO. 17-206 CHANGE ORDER NO. 6 P,O. NO PROJECT: Westpark Street Improvements TRCC27 CONTRACTOR: Cal Prime, Inc. ADDRESS: 10101 Michele Ave. 3r • Bakersfield, CA 93312 YOU ARE HEREBY DIRECTED TO MAKE TH E 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 Cit Council or City Engineer ...... ...... Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. .. ........ ... .... . —, CHANGE SUBMITTED BY: Andres Roldan. Construction Manager AECQMf DATE: 8/13/2018 CHANGE REQUESTED BY: Andres Roldan, Construction MaUa2aLaLESQM0M DATE: 8/13/2018 Adjustment in Compensation at Contract Unit Prices: Compensate the contractor for additional work for removing existing culvert pipe and installing additional length of 24"RCP pipe along Fallbrook (from Marella way to Hillsborough Dr). Additionally, this change order includes a quantity increase for the installation of additional structural concrete for the new tie-in point for Storm Drain Line A and a quantity decrease for 36" RCP. The additional costs include all labor, equipment, disposal fees and applicable taxes. Increases in Contract Item at Contract Item Price: Remove Culvert (Bid Item 7) - 258 LF @ $37 per Ft = $9,546.00 24" Reinforced Concrete Pipe (Bid Item 26) - 252 LF @ $127 per FT = $32,004.00 Minor Concrete (Minor Structure) (Bid Item 35) - 1,20 CY na $950 oer CY = 51.140.00 Totalincreases $42,690,00 Reduction in Contract Item at Contract Item Price: 36" Reinforced Concrete Pige, (.Bid Item 27)- § LF ff_$155 per FT = ($930,00) Total Reductions ($930.00) For the work of this change, the contractor will be paid at increase/decrease in contract item, in accordance with Standard Specification Section 9-1,()6 ACCOUNT NO (S) 335-4021-825-8041 TRCC27 INCREASE $41,760.00 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Countersigned: Finance Director Mayor WM We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide ill 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 therefore the prices shown above. Accepted, Date: Contractor: Title: CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF 1 CONTRACT NO. 17-206 CHANGE ORDER NO. 7 P,O, NO. PROJECT: Westpark Street Improvements CC27 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 stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, CHANGE SUBMITTED BY: Andres Roden, Construction Manager, AECOM DATE: 8/13/2018 CHANGE REQUESTED BY: Andres Roldan, Construction Mana er AECOM DATE: 8/13/2018 Adjustment in Compensation at Contract Unit Prices: Compensate the contractor for the increase in Bid Item 23 for Hot Mix Asphalt (HMA) on Morrison Ave. and Joseph Dr. which were not included in the plans as well as the decrease of Bid Item 15 for the deletion of the Cold Plane Asphalt and Overlay on La Mirada Dr and Marella Way. The additional cost include all labor, equipment, disposal fees and applicable taxes. Increase in Contract Item at Contract Item Price: Hot Mix Asphalt (Bid Itern 231- 489 Tons @ 5110 per Ton = $53.790.00 TotalIncrease $53,790,00 Reduction in Contract Item at Contract Item Price: Cold Plane Asphalt (Bid Item 15) - 4,192 SQYD @ $2,25 per SQYD = ($9,432,00) Total Decrease ($9,432,00) For the work of this change, the contractor will be paid at increase/decrease in contract item, in accordance with Standard Specification Section 9-1.06 ACCOUNT NO (S) 335-4021-825-8041 TRCC27 By reason of this order the time of completion will be adjusted as follows: None INCREASE $44,358.00 DECREASE $0.00 City Council Approval Required YES 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, Inme given careful consideration to the change proposed and hereby agree, if this proposal is appirmed, that we will provide all equipment, furnish ail muerials, except as ma v otherwise be noted above, and 2erform all services necessarl above. Accepted, Date: Contractor: 14-7-- Title: ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/9/2018 iTiff-11 1.1 SUBJECT: Contract Change Order Nos. 12, 13, and 15 to Agreement No. 17-171 with Granite Construction Company ($359,012.01; revised not to exceed $7,798,114.04) for the Truxtun Avenue Operational Improvements. Staff recommends approval of the contract change orders. BACKGROUND: The Truxtun Avenue Operational Improvements Project will increase 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 Department of Transportation right-of-way where it crosses beneath 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 improvements along Truxtun Avenue will occur on the south side of the roadway. Change Order No. 12 compensates the contractor for the work to clear and grub and re -grade properties adjacent to Truxtun Avenue on the east side of Oak Street and reconstruct existing drainage inlets. Once the roadway and the sidewalks were constructed it was evident that there was a substantial grade difference between the sidewalk and the front yards of the adjacent properties. To protect the front yards and to prevent irrigation water from running onto the sidewalk it was decided to install a concrete curb. In order to install the curb, the contractor had to prepare the site, remove and grade the existing properties and adjust irrigation lines. In addition, there were two existing drainage inlets that were to be converted to junction structures. Once the inlets were exposed it was determined that due to age they were not structurally sound and the contractor had to reconstruct them. The cost for this change order is an increase of $64,811.76. Change Order No. 13 compensates the contractor for adjusting and removing unforeseen utility lines. During the construction of the tie -back wall under State Route 99, a steel pipe was found to a be in conflict with the wall. The line had to be tapped to determine if it was empty, which it was, and then had to be removed and capped prior to continuing tie -back wall construction. In addition, there were extra costs incurred when constructing the drainage inlets to avoid a 12 -inch Calwater mainline that was in conflict. The cost for this change order is an increase of $13,403.25. Change Order No. 15 compensates the contractor for work and material associated with minor concrete, including: median curbs, retaining curbs, elevation transition curbs, private property walkways and commercial driveways. Once the roadway and the sidewalks were constructed it was evident that there was a substantial grade difference between the sidewalk and the adjacent residential and commercial properties. To protect the residential front yards it was decided to install a concrete curb along their frontage. In addition, the private property walkways had to be reconstructed because they were higher than the new sidewalk and they needed to be lowered to tie into the sidewalk. The same situation occurred when tying the new driveways into the existing commercial properties. Since the properties were higher in elevation, the contractor had to cut down the parking lot areas and then extend the driveways in order to tie everything together. The quantity of minor concrete for this work is an additional 79.7 cubic yards. When the contractor began to evaluate the minor concrete quantities, it was determined that none of the quantity required for the roadway median curb or retaining curb at the SecurCare property was included in the total. The quantity of minor concrete for this work is an additional 164.6 cubic yards. The cost for the additional labor and material associated with minor concrete is $280,797.00. The net cost increase of Change Order Nos. 12, 13, and 15 is $359,012.01. This provides a total cost increase of $1,496,497.04 which is a 23.75 percent increase, as illustrated below: Current Contract Amount = $ 6,301,617.00 Previous Change Orders = $ 1,137,485.03 Current Change Orders = $ 359,012.01 Amended Contract Agreement after CCOs = $ 7,798,114.04 Net Increase to date = $ 1,496,497.04 Sufficient funds are budgeted to fund these change orders. The change orders are funded by a combination of Federal funds, Transportation Development funds, and Utility Surcharge fees. There is no General Fund impact associated with these change orders. ATTACHMENTS: Description D CC01 2 D CC01 3 D CC01 5 Type /kgireeirneint /kgireeirneint /kgireeirneint ClIFY OF BAKERS&IEILO Thornas Roads �Tp . ......................... CONTRACT CHANGE ORDER cow rf,w i4a 7"171 --------- (,RANGE ORDIER UO . . ..... . P. 0. No, . . . ....... . PROJECt rr ux�'iun'.Avemue 0' Mai jr qfl, hnp!�LrWL'm L's", "Lin 2 Z LT".222— . ..... .. ..... . ..... . .......... . L "m FEDERAL NO, �S) OONTAACTOR!� Grallnllf".a cae"%millucuon: Can 11 -11-11, "" "I'll —1-1-- �yl . ................. ... . ................................... . . . . . J(YJfj Jan �es Road N - —1--l-1--l-I'll ---------- — — — ------ rsff,e,fict CA 9330$ .......... YOU AR X HIRREBY DIRECTED 'ro WAKE THE HEREWDCSCRISE,�D CHANGES FROM T14E PLANS AND SPECIFICATIONS OR, Dril THE FOLLOWINO WORK (3j,',SCRIBED NOT INCLUDED ON THE PLANS AND SPEC0lCAtP()N$, ON VIM CON TRACf NOTthis clhaeqje, oiderr �,% nol 6ftC'jJV@ until approved fsy City Ccwnck orcky l;'lmq0e,l0r work, ko tv deonc, estout �"'Ufd pN:les n;x 741'mcp ry d we a gr ve I,' 4 pi w 4" .md �xcx "'O"cr A y j I "o i "ac ""Orlk' cal-wil "iw S wfllvd, uflits b:)l' L wy'ef unk vmlrh tv'm0", 45' pt'n"p r"cl w4c9""unce will be vroxdc ler u'fl'r r'mm�q CHARGE SUBUMEJO SyKs' ,,minaDurdak' Pn2S! DATE-,, CKA,NGIE RjEQUESTED BY. I Taw u P ......... . ....... . . . . ....................... ... c"'� DA7 El." — — ------------------------- . ......... —1-1--.1111111-- . . . . . ......... EXTRA WORK !�T PQR-(�mUNqWMAL Total Estimated Change- $ 64,811,76 Cort"acl, t0nelwdli lav deferred frxftS change Tclx Increaje- ��w 8 11 26 AOCOUR'O'NO EN m T57557, ................ INCREASE 10 C -C A,'EA S E ----------------------- - ---------- yeaC...... '7 S B, rso in of h Is, ord ar Ow firmo of CAykvitnell Approval R)tiq.,red YE completion w0l tie adjusted as fulftfowq: N0'er00 NO ....... . . . ..... ppirovel As to foffn: City Allonwev Approved by, lbe Counr�al gi 'fty �of Bakersfle4d .. ........ . ...... ............... ...... . ............. . .... ....... . ...... . . . ............ . 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C, ?PY V W ES HIMS CULANCE 0lWll',A PROVIDFS F`Olk� C% �4� �,,vlullll sikbc I lrllrolvun A,:miiuc lw,invs of ,c inlos and klistallHanolin R V' `AS(Mst FOR ( 14ANGF',, amd plubbi"ag hid W"i p"Cl Rpr addJlinma�l cur n'nuh°rlutiwa, m� back, og �,k %Ofit lvu,;lun A%Omw dut to grade b"n,'10's lbl,nw."cn vv .a anii f'fovl yafds. m vvo emslivnp, uJmliwagc, i0,1W, "Vrulw, �,o pacluon k,,1111 orpao had 10 bC 4,'CL,DMU I)CICA, rllhi,x clu"ingk", lictirdf,"r, os� le", pIRPV41,c flu", corx"Wa0ar cm a bna,s hor Oaps adimA ul"A No cuiiiid,nons Nifl, $MD Of, V,k'N NILN"k, "T I k I I,"", A Ill L ST VO C' NJ, N o, fi4ly, ws , n u: at 0" c t'l n 8 s �,,w z G 11w % i U 11 Ix, , n adu 6o r Ih ,s cep cmi p ic. NAvSlaii'a 0,,,uc Wr ofl'Jv �+ Ucuk Esi lyl&l V COB Pqodccl ?Vlarlaplc,� N1, I otm, wD'Ait" H,e('mi $P IV 1phl yah V�•uYm Armuvvul �'Ns, E%a .................. NgmxNA Pu�cv Fiev"knal VaWc llpyoA ,fm'l A ........... . ...... Cla,l . . ... ........ . . ............... Esi lyl&l V I N4 CCO, I otm, wD'Ait" H,e('mi $P IV 1phl yah orce Amcmi,nl i� 4 N V 1! 76 S! 53 7 - t4 �5 NgmxNA Pu�cv SID c,(u . . ... ........ . . ............... LU CC K 'El! ii�,� E3 8 3 8 Ea �,3 rz� D 0 Ao yo 1; 52, I d. p. g-- p- p- , p- �,,, M,., ; : ": p- P-� d r1l) (fl, W W3 02 "A "o ltd 4 yyD o tn w 09105118 CC A GENDA PA C PG 301 Y CA %d) Olh cf� lill 0 Illy') w �,A! In qyj f6 0 fli lul .r) w IlAg rz� D 0 Ao yo 1; 52, I d. p. g-- p- p- , p- �,,, M,., ; : ": p- P-� d r1l) (fl, W W3 02 "A "o ltd 4 yyD o tn w 09105118 CC A GENDA PA C PG 301 GRANITE CONSTRUCTION COMPANY P 0, Box 54)085' Warsonville, calitcyrnia 950"'17.5085 DAILY EXTRA WORK REPORT trict No, te ccuv CCO No 71 ...... .... . . . . ...... t*-sa4vtkiri of Wwk, ab For Contractor WHO'E,- Ofiginal Y E LLOW - Dt�lpi icate PINK- 21; S, �8 � 8 "1 W. w W C::� D, 1,4 M W W9 of 1"65, 2% J,, 610 . . .... .... do 10 1,0 ... ....... in, UA vil dfo to 01, Vt 0> ul Q,Y 07 0 OZI W W, (A rx M 0, d uu uj x W. W 4— j Y, W c I 71, 115"'I'l F-1 3 ,11, cl 8 lzi 0 c� a 4pj "m e-4 , 'A OAAt&p 2 V� VP p M, 511 rl 09105118 CC A GENDA PA C PG 303 GRANITE CONSTRUCT [ON COMPANY Px), Box 5(yo,85, Waisctwflte, cawornia 951D77,5085 DAILY EXT 'WORK KEPORT FV� Description of'Work, . . .. . ...... . ................ . . ...... . ...... . .............................. For Contractor WHRTE — Oilpq,�,nal YELLOW- DuooQate pjNje, -- Txiptjcrjj,e BUILDERS, CONCRETE INC., DBA GOLDEN EMPIRE CONCRETE 00. f582 f %ilenvua a fRorj , 04475 - Ervrmv GA �,,8 � (P ''ff28-520(.l - FAY, iR lt'q 9186-6C�3,7 GRAN1112 P, 0,, BOX 5 127 BAKERS FIELL), CA 93388 T- -IN7 VCII�CE' E NO ...... ................ .......... —"- 0 a 0 Ira, 1 () 1 (5 05/25/201,8 17 37 3 4 SEND PAYMEN,,,,TS TO-. RUILDERS COI.. SCR E INC. 08A GOLDEN EMPIRE CONCRETE Co. 16821 VENTURA BLVD, #475 ENCINO, CA, 91436-4778, KAk NAMMEE-A , XY0 LOCAPON, ADC)PIESS PER11 T-.l.- f_.__..... . 11-1-1. . - Pp%�"g, TAX V, C)ML/ J)k),Ak�jfj�y 1�w' m mosammummm 2,00 NCT09013 6.,28SK, IAGG, FIA WR 6,00 543 DELAY MINUTES '1 10 0 5 55� PLMLIC 14ORRS DELIVERY C'HARGEY 1 00 530 ENV I RONMEM'Ad, FEE 1,00 525 LOW CIUMON FUELA - SURCHARGE OWN TERM,$: Not Doo 00 Roc6pt, l-l'll4?140Ajlu'c'"r fid nwnfj sn duo vo"O'fO'n 30 day's Of' "Ire !AR]pLm'f tN,.a sas;.'Poosk'v awc� ckv^mql Mlnca hs mr,,fiv not4re ln,, 0"wi rhl;r accourf. vjllcrni'i°'i: feer V and cosm oviv'H rw '11'AX AmBLE AMOUN"I' 470.36 EXEMPT AMOIRTT 0 00 SAS "ES TAX 34-10 09105118 CC AGENDA PACKET PG 305 3230 OLIVE & 7RUXTUN, 8AXEIRSPlE1.0 PO NLR4BER: '7439719, 05/25, 207-205708 2.00 CY 6f2a$K 1AGYG FA, WR 3,19,,680 I'l 3 5, 256.71 05/25, 2DV��2105708 6.100 MN DELAY MINUTE.,s I . 500 0, 0 0 0 00 05/25 207--POSTOS 1100 M PUBLIC WORKS` DELIVERY C 200, 000 14,50 214 50 05/25 �207-205708 1_00 LD EBVI RONMENTAI, FEE 25.000 1�81 2 6 . 8 1 05/25 207-2:05708 1�00 M L<)W CARIBON FUEL - SURC H 6,000 ,,JOB TOTAL LINE 504,,46 mosammummm 2,00 NCT09013 6.,28SK, IAGG, FIA WR 6,00 543 DELAY MINUTES '1 10 0 5 55� PLMLIC 14ORRS DELIVERY C'HARGEY 1 00 530 ENV I RONMEM'Ad, FEE 1,00 525 LOW CIUMON FUELA - SURCHARGE OWN TERM,$: Not Doo 00 Roc6pt, l-l'll4?140Ajlu'c'"r fid nwnfj sn duo vo"O'fO'n 30 day's Of' "Ire !AR]pLm'f tN,.a sas;.'Poosk'v awc� ckv^mql Mlnca hs mr,,fiv not4re ln,, 0"wi rhl;r accourf. vjllcrni'i°'i: feer V and cosm oviv'H rw '11'AX AmBLE AMOUN"I' 470.36 EXEMPT AMOIRTT 0 00 SAS "ES TAX 34-10 09105118 CC AGENDA PACKET PG 305 .J m ir 0 ME w w J,u c 1z Rn "A vo UV, 0 V) W Al W ih W R/3 b U 0 CD Cr w 51", 4�)� cJ 0 t", W* �A 0 coll VY) Vr6 1.0 U, V, V7 V11 0 R� 14 V� rQ, z z IN 0 1:7 0 8 Q lll� 1.171 a 0 N 09105118 CC AGENDA PACKET PG 306 GRANITE CONSTRUCTION COMPANY P(), Sax 50085, Warsy.)wd1le, cabf-Intia 00,77-5085 DAILYEXTRA WORK REPORT ( - Y V,34 C Co No c"'ontract No C. Nt-scripfion cof Work "ge ........ .... - ....... For contru tor WWI �I'E - otiq'in"al YELLOW -'r),wpUcwe PfWK, - ly�plicauv wi . . n......... W* IM 111, "0 Web L4 "rk ti W CR 9 1 "' I If 01'2� 0 urs ii, k1;4 5� 5110 9i R aha -- - - — - — - — - — - w In ;A w '41 n i(dq 01, Wflay"r) W U, M I ON 09105118 CC A GENDA PA C PIG 308 irl iu'� uri tei vh u) I, m o irD oo m o wi r�i vvy v . ............ ... rf "rk ti W CR 9 1 "' I If 01'2� 0 urs ii, k1;4 5� 5110 9i R aha -- - - — - — - — - — - w In ;A w '41 n i(dq 01, Wflay"r) W U, M I ON 09105118 CC A GENDA PA C PIG 308 GRANITE CONSTRUCTION COMPANY PX), Bax 500S5, W'MsonvMe, C'Mi6cyrnia 95077-5085 f'or Cominctur WHITE - 069imal YELLOW -, D%ovhcate PINK c7gmivvt No, 1'. h Descriptim of Wwk f'or Cominctur WHITE - 069imal YELLOW -, D%ovhcate PINK 11 rM 1:,i� W2 0 1-� cn 0 all 1131 15,3 1 8 r7 Q* q,o %'I V� 66 *A 444A 7 u� waft -01WI V5 410) 9-1 0 �l IA 4� C, —, eP n, �'l E1.11f 1.- � 4 c 0 0 25 E 8 11, Invo 0, I�,:) c�o 0 Z, �n �D all, 4 14, wo II, ow WIP V� VN ljo OA Vx 9 W C,, n R 9 V, V, VI, ws Zplrq , iw I. . . ............... . . ............... I'M g, t Ilk c 0 F �y E c: "o WOI ............... . . ... ..... . . . . ................ -— ----------------- - - GGG 8 8,Wl a, ft 4T, E 2 11 rM 1:,i� W2 0 1-� cn 0 all 1131 15,3 1 8 r7 Q* q,o %'I V� 66 *A 444A 7 u� waft -01WI V5 410) 9-1 0 �l IA 4� C, —, eP n, �'l E1.11f 1.- 511:111", 1�! W of 1111 '09 11, Invo . . . ....... . ........ ws Zplrq , iw I. . . ............... . . ............... TR 12 UA 0 IL 4 III 09105118 CC A GENDA PA C PIG 310 GRANITE CONSTRUCTION COMPANY VO, Box 50085, 'Nalsonville, Cahfami,4 050,71-5085 DAILY EXTRA WORK REPORI' CCO No, s Iku ription of .. . ....... Or�q�nw Y EL LQW - D�jplieajl@ PINK,- Tripficate 09105118CCAGENDA PACKET PG 311 46 a 0 BUILDERS CONCRETEANC. DBA GOLDEN EMPIRE CONCRETE CO. 15,82 � Ventura , 11,475 - Enmrv) CA A, ;4316-47�FPJ (8 7 8) 128 5200 , FAA, ip'l a 986 -66W (.IMANITE 00AMSTRUCTION' (BAKERSFI P,0. BOX 5127 BAKERS FIFTEID, CA 93388 INVOICE . ..... .......... .......... ..... . ...... CUSTOMER, 0 DOO E kNVOCE NO p E . . . . . . A . . . . . . . . . . . . . ....... ... . 00 0 ol 0 16 D 5 /Zl 2/ 20 18 1 "7 3 3 3. 2 1 SEND PAYMENTS TiO: SUILDEPS CONCRETE INC. 08A GOLDEN EMPIRE CONCRETE 00. 116021 VENTURA, BLVD., ENCINO, CA 91436-4778 . .. . .... .. .. PRCME um".. Ax ............. . .. ......... . . . 11111111111 . .... ... . ...... 1337 ELM & TRITXTUN BAKERSFIELD PO NlAWSRR: '743979 0 5 /2 2 2 D7 - 2 0 5 5,34 9. 5 0 CY 250.0 537 SK 1AG(; F '77 � 0,00 5 3 „ 0 31 '784 53, 05/22 2,0 7- 2105534 1 00 LD PUBLIC WORK,S' DELIVEP,Y C 200.000 14.50 214-510 05/22 2 0 7 - 210 5 5,314 () LI) ENVIRONMENTAL FEE 25 . 000 1 1 81 '12 G . 8 1. 10 5/ 2 2 207 - 210 5 5 34 1,00 11,T) T,.OW CARBON FUEL - SURCH 6 . 000 0 . 4:4 644 105/22 207-205545 1 50 CY 2500 PSI 5,,377 SK lArX; F 77, 000 837 1,23,87 1,013/22 2 07. 2 015 5d 5 1, DO MN DE1114AY 114MUTES 1.500 10 . 'CIO 0 , 010 05/'22 20,7 - 2055-145 1 0 0 1,1�) PUBLI(�' WORX$ DELIVE�RY C 200,000 1450 214,,5O 05/22 207-205545 1. 00 L0 ENVTRONMENTAL FEE, 25000 1.81 26.81 05/22 213 7 -.2 0 5 5 4 5 1,,00 Ll) LOW' CARBON FUE14, - SURtCH 6 000 0.44 6.44 ,JOB TOTAL LINE 14 a 9 0 PR,ODT,T,C",r RECAP 1. 1 61 Q IlClf 0 9 Q 1, �2 25,00 PST 5,37 SK 1AGG FA WR, 1,00 543 DELAY mniu,nm-; 2.00 555 PUBLIC WORXS DELIVRRY CHARGE 2.00 530 EYVIRONMGN.TAL FEE 2 GO 525 1,iGW CAFBON FUETJ - SMCHARGE MAY T3 0 TERMS Nol Due orl Roaoipt,Doyv�cpjauvl, M not paija W1 fiAl VMI WI, ,K) da001 �r-voj&ce dale a " mxls a , S] ccl" re a,.,d tjmllw event ilieqaA PUS &COOL04, HNIFKIR,'�A;w kx.n,,, ancl cosys vvffl be mu ,d tivUlm TAXABLE AMOUNT 1309.00 EXEMPT ANOUN77 0,00 SALES TAX 94 , 90 Mulim "lull, ��� 09105118 CC AGENDA PACKET PG 312 .... . ....... .......... im 8 8 8 8 88:19u 8 El:i E=r, 18, 2m M C-11 m cl, lim C, c Nllkol, tro Vp W W WA 5� I N-, 4,- h - w- 4 1— 0 - v 4'' P- I": W, ii - v 4.4 w 10, w qyj u) vi ra u I .9 09105118 CC A GENDA PA C PIG 313 " P m rO . ..... m -Z- 44 C." M c� cl I -�J, a 8" ",2, 9 UD U� IQ �g ,, 1701 1:3 ID C: M I ll,�✓! " 1.1, . - 11P 5R WA, V� Lo CA Gl� wo .4 10 'Al 10 40 .4 wo 4A ,R re rd, .. .. . ............ . ........ . . ...... ug to o w vi "o of In w W M W C t" 71A g IV X3 E I 13 re11,3 im 8 8 8 8 88:19u 8 El:i E=r, 18, 2m M C-11 m cl, lim C, c Nllkol, tro Vp W W WA 5� I N-, 4,- h - w- 4 1— 0 - v 4'' P- I": W, ii - v 4.4 w 10, w qyj u) vi ra u I .9 09105118 CC A GENDA PA C PIG 313 G'RANITE CONSTRUCTION COMPANY P'o. Box 91RP7,5085 DAILY EXTRA WORK REPORT 07 Contrut Nu We CCON,tx 617/- le? Dow-riplion of ',nor k .......... ....... . . ....... ................................ ril, Q 0 �i4l .1ro�11j)i WHITE -- OtigInal YELLOW - Doplicato RNK - Tripheate IV 14 4" # V �ff GRANITE CONSTRUCTION COMPANY P.0 Bc)x 0085,05ml?'J"MA5 DAILVEXTRA WORK REPORT CCO No, t Ncp Date OV N,scripti" of Work 4/ f for Contractor W019TE - Ofiginal YELLOW,- Qupfica,te PONK - Trip,4eme I m GRANITE CONSTRUCTION COMPANY "�460 EA Cmllvfw,,� Nma, ]wow, �,Crj Cosbal, CA %?"'X* DAF,L,,'f EXTRA WORK REPORT . ......... ...... ... . . .. . . ... ... ............... JOB NO, .... ........ . . ......... . . .. .. .. ........ . ... .... . . WORK PED F044 - n ----------------------- ......... . ......... . . . . .......... mMWmWMWMM"-� BUILDERS, CONCRETE INC. DBA ERM PIKE CONC R ET, E CCL 15021 Venfl�#'a rjjrv,�,,i- N475 , Ercwio, CA 914364778, GRAM',= CONSTRUCTION (BAKERSFI P.M BOX 51277, BAKERSFIELD, CA 9,,`3388 PO NUMBER 05/11 207-205018 05/11 207-20SOla CS/11 207 205018 05/11 207-20SOIS X"M N"'uh4MR, ani )a 0111VE & TRTJXTTJT"Tl ,,0 4 3137 9 I N %101 C EE 00001016 05/11/2018 172328 1 SEND MYMENTSTO: BUILDERS 00NORETE INC. '168,21'VENTURA, BLVD., #47s MOM, CA 91436-4778 BAKERSFIELD 7771-CY 2500 PST 5,37 SK 1AGG F 77-000 1904 28904 1,00 LD—PUBLIC WORKS DELIVERY C 2()0,000 14.50 214,50 1. 00, LD MP11RONMENTAL FEE 25. ENID 101 26. 8 1 1.00 LD LOW CARBON FUEL - SURCH 6.0DO 0.44 6.44 JOB TOTAL LINE 53079 PRODUCT RECAP 3,50 NCT09012 2500 PSI 5.37 SK ,.AUG FA WR 1,00 555 PUBLIC WORKS DELIVERY CHARGE 1''00 5310 E?WlRQNl%lE?,rl'AL FEE I 00 �S,25 1,0W CARBON FUEL - SURCHARGE m YA`�' 2 1 ZO I , TAXABLE AMOkTNT Soo 50 14P ire AMOUNT 0 00 SALES TAX 36.29 . . .......... . . -- -- — ---------- - . . . .. .. 'TERM& Not Ouo on Rmoipt c�oirquw-1 d rt"A pakj en hoN "volhon x d"s 0 kwme Uwe 5 3 �.m Doomm" ammom me-1/u'bgecr 10 5U,134X)lMkf)n '001(1 eClicioure woPfowt fi,rahupfr ncm.b.,,, Vr �,irwj mom wgw amm Rs 1,10mor ",Ill:) ccMex""', ths rcasonab�e ancpfiinev'�� �jr,Nqj omM wfl be paml by thm� Custnrnfif, 9J®55/1 CC AGENDA PACKET PG 319 V 4J w 131 8 Ell r 211, 5� "a, cip, ; ci, k"twl V� Vt 10 W V� V11, holl� wk 'Aft ona rN 0IF 'e", Yi N �f �'+l M 01, Mi I"PI W I'i" lw� Gia un �,,o o o, ur, o wi, ch m v IM 09105118CCAGENDAPACKETPG 320 L 76 I . . . .. . . .................. 1— 11 J., fl 0 L u j — U) IT, Z Cir ona rN 0IF 'e", Yi N �f �'+l M 01, Mi I"PI W I'i" lw� Gia un �,,o o o, ur, o wi, ch m v IM 09105118CCAGENDAPACKETPG 320 GRANITE CONSTRUCTION COMPANY IMN �A C,offwnv 'Rvy*' rmomv �,9,,D, �:A 92U,30, 01AWLYEXTRA WORK REPORT Joe No':["? �17 ...NO, . . ........... . . . . . .................................. . . . . . ..... . ................. . ... . . . . ........ WGRKI PERFORMED, FOW . ................ 0,ESCRIP"TION Of VYOAKu ... ...... . 6*4- P'l it . ......... Is 09105118 CC A GENDA PA C PG 321 ... ... .. ........ .. . ...... . --------- - - l' b, A L5,6 "'x'p T" 'zy VIP W Irn tft 04 �'D ID al -1 01 1.0 lop bT W� ow �ft dlo� lA, "D 2dA Vp A 14 6% 'n 4 PW II °M ffi'ry L Lu ............ . . ..... Al LJ lA "I VP RMdV ,zWA Iwep+. -'� ...... ------------ al PC ... ... .. ........ .. . ...... . --------- - - l' b, A fm 4A w tm 01, W co ""0 v) Vi cr'X R'P 11 C6 ill W W W Vp L Lu Al LJ lA IR4 "T, p ,zWA Iwep+. o" 'n, Q V qq C"xnw ,ray. �'A L! qVZ QW SWR . .... ------------ . . . . ..................... II m tip, V'I' W QW on, ful wi vvP en ul vi fA 0 V" v" ""'� LU 4, !� �;� , Uk �.- . -1 5 U, C1 09105118 CC A GENDA PA C PG 322 RtF,,o wdr, 2,010 CA HOS DAtt Y EXTRA WORK REPORT DA joe NO, ITE M NO, TEE, WORM PERFORMED FOR: DESO RIPTPON OF WORK,,,, Z-%k0"r o0ork cs� -'s A olk 0,41,71," REPRLSEN F PJlPVIQIf �OFf�rS Rkl rA, BUILDERS CONCRETE INC. DBA GOLDEN EMPIRE CONCRETE CO. 15821 Ventiva Wmj- vol.,r CA 914 3t- t 77' GRA.NTTS, CONSTRUCTION, (BAKER-SF1 P'01� 130y, 5,127 13AKE"R,SFIELD, CA 93388 JOHNUIPAIM"R XVLOCAPICA4 ADDRESS H, -K -FT, (X)STC)MEP, DAT E 13, �vvojc"E t'41r� PAO'E' 00001016 05/0,9/2018 1. 7 2 Q 5,3 1 lWl VEMRA BLVD., #476 ENGINO, CA 91,436-4778 pruc'i' I' pv' 1 1 PZRODUCT RECAP 4,, 00, NC709012 21500 PSI 5.37 SK IM)G WR 24, 00 543, 1) E I AY MINUTES I'Aa 555 PUBLIC' WORKS I)EL" TVERY CHARGE 2-00 530 ENVIRODI MEN"rX—L 1 , 00 525 L()W CARBON FUEL - SURCHARGE TAXABLE AMOUNT 539 00 EXEMP'll AM"OUNT 0, 0 Q S S WL, ES TAX 391 08 TTRMS; Net Due an Receipt 113fmwqs"fv� I fW"o �')&c �'l jl'pi� lojdhf� "J�j f'j'o'jy�' (If ,,,, � (NIM"), ',AMOUNT DUE i 578,08 nc,,kt,"p In, "I"m "_1--1 11-l" '--- -- . . -111- " � . —,— - @�12q�',' �qy fees anw,� iicnc), �s, e"9 pa be 'pw t)y theOr�'Mr 8 CC A GENDA PA C PG 324 66 8S OLIVE & TR�JXTIIN, MAY 1 17 20;8 BA K E RS F T F1',11 PO NUMBER- 743979 05/09 207-204896 4A0, CY 2500 PSI 5.37 SK 1AGG 'W *7 . 0 0 0 22.33 3 30 - 3 05/09 20-7-204896 24.01), �rvl' DELAY MIN117TES I , 5 Gf) 0.00 0a0 05/09, 207-204896 1w00 LD PUBLIC WORKUS DELIVERY C X00 . 0 0110 14.50 2 14 , S ,015,1/09, 207-2048,96 1.00! 111,T) EtNTROPIMUrrAL, FEE 25,000 YL I Al 26A 0 5 /0 9 210 7 -2 04 8 96, 1.00 Lol LOW CARB014 MU EL - SUR CH 6.000 OA4 (5, . 4 JOS TOTAL LINE 578, 0 PZRODUCT RECAP 4,, 00, NC709012 21500 PSI 5.37 SK IM)G WR 24, 00 543, 1) E I AY MINUTES I'Aa 555 PUBLIC' WORKS I)EL" TVERY CHARGE 2-00 530 ENVIRODI MEN"rX—L 1 , 00 525 L()W CARBON FUEL - SURCHARGE TAXABLE AMOUNT 539 00 EXEMP'll AM"OUNT 0, 0 Q S S WL, ES TAX 391 08 TTRMS; Net Due an Receipt 113fmwqs"fv� I fW"o �')&c �'l jl'pi� lojdhf� "J�j f'j'o'jy�' (If ,,,, � (NIM"), ',AMOUNT DUE i 578,08 nc,,kt,"p In, "I"m "_1--1 11-l" '--- -- . . -111- " � . —,— - @�12q�',' �qy fees anw,� iicnc), �s, e"9 pa be 'pw t)y theOr�'Mr 8 CC A GENDA PA C PG 324 ol V4 8 a 2 9 8 8 8 ausco, 10Ih c' IC c7 'u CD (C)i C-) a w Znl 510 11 W� VX I'A KA 77 10 vi� ko) IA 4A ill ilww ilow *M . .......... . 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" WORN PERFORMED FOR: 17 DESCRIPTION OF vwORX . . ... . . . . . . . . ................................. . .... --1 ...... ................. . ... . ....... . . .. ....... ........... . . . ..... �'ia . . ........................................ . ...... . . L Dr, !BY, AO 7'HORIZE,08`0 f,fjRAJ*,flE REPRESENTATOVE) V05 X19 M 114 u 0 0 v CI'T Kr r.'. rjI cp C' A 411) 04, I'M W* I'l. 'A W 4A, 0 N4 Yq wI 2 wo '12 401, .... . .... . . . . . ........................... ..... ... .. .. .. .. N. "A 16 ....... . ..... . . . . ........................... 14 W Ll w 0 (II W aril IAl Yj M 0 Ut 0 rAl W, W W odl fl#� 0 �41 (W�w Oil) 14 5 ... ...... . .... --- ------------------- . ..... .......... . .............. . ......... LL ov wz 0 2 11M 2, I.IJIII 4AJ OJ o im IM :2 L04 P, IIl IE ce, 9 le dr . ........ ... . . ...... 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DRA GOLDEN EMPIRE CONCRETE CO. lW21VENTURA BLVD., #475 ENCINO, CA 914M4778 I p I PRCIE ox rf X1 Al OLIVE & TRUX"I"U14", BAKERSFIELD 1 7439 7 9 f 3 0 0 C Y 2 5 (DO PS 1 5 37 SK 1AG43 W '77 . 000 1, 6 " 7 5 247, 751 11 DD Ll) C WORKS DELIVERY C 200,000 14.50 214 50I 1 0 0 LD EKoVIRONMEI TXL FEE 25 , 000 1 8'l 26 a 11 0 0 L()W C;�RB()N FUEL - S URCH 6 .0 D 0 0 44 6 4 4 JOB TOTAL, 1JUE 495,501 PROU(31,177 REC",AP ",.00' Ncro,qoI2 21500 PSI 537 SK 1AGG W'R 1,00 555 PZUBLrC, WORKS DEI'L I VERY Cith'RGE 1'loo 530 ENVIRONMENTM, FEE I ,00 525 LOW CARBON FUTElly - 9TJP-CliAPr4E MAY 14 1018, TERMS; Net Due on Receipt Uke,'4rwqLA&l I na'l ";'Mr"d ovf'sJH wirCno ;,'VoN ilays '-A mvcce ck"fllo' EICCCVU�lt',," R'll,'t 50bj�ect U) ,'lrwo cjlosufre 'ojvvrtou!� favner rj,))�hice n uo ("'wonq Wgak' ackof" 1,;% NO co0ecl V'ht,,.; Wc,'OR,04, V,3jSQrT,,a'ufo iemomfoy% fcx'm and c.cxms wd',, tm itizvct by tne T&X,PZLE AMOUNT 462,00 AMOUNT 0,00 SALE,'S TAX, 33,50, AMOUNT OUE 100-� 4 95. 5 0 Bill To,,, GraMe Consf,,tur-lion Company 'P,,(.), BOX 5127 BAKERSPIE L DCA 93,388 Clustamer IGRAIS Ship Tw Granfte Construction CoTilpally F1.0, BOX 5 t 27 SAKE RSHEILD, CA 933BS T GESTWAY t I G, D, $ ufwkpo"," Amm4nt y 4AX) 4,00 0 00 FRAME4 COVER y 425 1103 4.00 COO 0 00 NS CU RS ANG ll�f-, Y, 2W'52 A38, 400 0 00 N's SOL, t& NUT y 5,7.20 228,8 4,M 4,00 0 ("K), ws TRASH qAR y 57,20 IN'so DEUVERV CHARGE y 00 ----------- Non raxat)fe Sj&jtt4A� 1000 'T,04INe Subugal 3836,00 tax (7,2506) �2 78. 11 Discmnt of 2,% i(paild ityy05Q0M 8,1awrat duct on 0,,Sr2o« 18 rota t owcice 4114 1 T PaidJA pplied 0 DO PaY Disc -Applied, 0100 . .................alara,r-TTTITTIT .......... 11 41 rj, 2", LU Fx CC nuf4 �Aao W wk k 9 g 5 I(,,, alk tllq 444 0 0 "T C', M 511 011 ll� I =1 18, 4"N c � P.- Z, C"I all �55 Mi J� C 4 In "i a, U, "' P c"? 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DAIT'i I ......... . ................. ... . .. . . . .. . .......................... . .......... . 'WORK PERFORMED FOR, DESCRIPTION Of WORK: . . ........... . ....... ev By AU FH0RQECl BY . . . ........ . ..... 09105118 CC A GENDA PA C PG 334 a r, M �51 �,X, 52, 5? !"E", 'El! "ER, 9mo far C5 cro 0 o a C�, V, ot, (.3, co, 44 4A, 10 'A V� 90 iF �,E,119888v188888';-> 0R 8 C2 rcY AM ILV 4N cn� c, vig 11,561 "--A, tail �15 . . . . ......... ---- — ----- --- U,� 14 w ul to In 4/7 0 W IV; tip) "'id 2 I 09105118 CC A GENDA PA C PIG 335 GRANITE CONSTRUCTION COMPANY si�,,Drj, 4:,mr,"A',a Rvpjg s6f#�Vj, 2WJ, (,W�fvpgw, ir A� K DAILY 5,XtRA WaRX. REPORT D AT E D Mi JOB iNO, REM NO. 4 . . . ... . . . . . ... . ...... . ...................... . . . . . . . . . . . . . ...... .... .. .. ...... . WORK PERFORME'D FM,,, 4 e DESCRIPTIGNOVWOW . ....................... A>,e- ...... . . .... s0,.',,RANWIE REPRESERNIATINNE, Or (,C 4r I A TVVE 11 ....................... 0-. 1P, - . .... ............... ..... .. — — — — — 0 2 N 23, 11A, . . ............................................ .......................... ................ z Ily Ir . . . . ... . ...... . ................... . . ... . . ...... ................ 11 ....................... 0-. 4� u N 23, 11A, z Ily Ir . . . . ... . ...... . ................... . . ... . . ...... ................ I 09105118 CC A GENDA PA C PG 337 GRANITE CONSTRUCTION COMPANY 6800 µ V Cwmr,,,s Row Svdo xCX Cwlbiol CA DAILY WRA, WORK REPORT J,o a No, 9TEM NO. WOPK PERFORMED FOR, . . ........... . .. . .. . ...... . .......... DEISCRIPTION OF w0px� m 09105118 CC A GENDA PA C PG 338 1±1 F5 rj C'( D C, up tol0 Ch l t w 1A vil 0 W rm o elo 40 V) "In 41`1 8 ,:R 2 "S 'I' k�E V S 51 e I I 09105118 CC A GENDA PA C PIG 339 lcl,0. -pj,Jr' d,X 8 8 'U rr M I M, o IE oI L TM oll 10 -in X 43 Bp, '0 14 r4 V� Up I;.y ly, "I o", f, Ul CPd J 0 W ar . . ........ 1±1 F5 rj C'( D C, up tol0 Ch l t w 1A vil 0 W rm o elo 40 V) "In 41`1 8 ,:R 2 "S 'I' k�E V S 51 e I I 09105118 CC A GENDA PA C PIG 339 GRANITE CONSTRUCTION COMPANY' SOW') rJ awralcl rVeW, $kaftV'206, QW&Nvd, CA W a P0 DAIILY EXTRA WORK REPORT ........ . .. DATE: Jof$ NO, ,,, E 217 fltm NO, � E . . ...... 1�'11"' . . . . .... .. ........ ...... .......... .. . . [-�&-� ..... .... . ..................... . ....... .............. .... ....... ................... . . . . J WORK PERFORMIM FOR.- . . .. ..... .. .. . ........... DESCRIPTION OF WORK., t�;� 41 (.'?u /o# s oovl4e, 0-016, 09105118 CC A GENDA PA C PG 34 0 EXTRAWORK REPORT CA LIC�w NO 5080&q i,,&M NV LIC, NO WA05,77 DATE: 6,11/2018 DoVrE P5RFOPVVIED� 5/21/2018 . ............... r'r,uxlun Ave,, G'ran�te of Bakersf*d JOB NAPVIE� MCME P,0, NO GCCO # 74397'9 0E.SCRi,,,PTK)N OF WORK- �,mmed tf ces tvw �oadN tc) dump - �acate spnirklwors [Qulip N (11 Tv7,7 EQUWMEV HIRS � RAIE TOTAL O�BOR ... . . ......... . . ............ ........... . . ............. 6- Truck M71 0,6,12 9,, DO )148; 259,84 U 444y Gonuaz f 0 Everaao corw 0 MAT'MXLS i UNII T UNCr 1 01 A L cosT 0 EQUIPWAI ERIM S SIR rOTM QlqlwNE�i RfP9,f'pEN'ATiVLI, N No= HRS Fmrt" fOTAL B 00 �3 73 429-84 81M 5s 7s 446 0 a 0 0 0 0 0 SUB TOTAL 975.84 tAKM SORCHARGE", 11%1 96,35 972 .19 fir: l'Al LABOR 02 &I A RK U P �,A 8, () R "No . . . . ........ ...... .... 'r 01 A L, 1611 28 09105118 CC AGENDA PACKET PG 342 rZI ti aw c� ii i 6-9 "1 &,-M 6* cl ,Z� c, vv 0A V) tcot I,% IZI M Q') WD U� G J 00I, wt, 4A �.', — ------------ -------------------- --------------- —f — i CA M rM e?k 46 Vp ?2- ........... �tl71, Iop rd" o lf V" r6, v. Y4 I iA IA Q',� rh (Y'4 A, 0 ip Its ujl"o V,, W, 66 0 us u, Ili 0 1 'Q 0, bW, rx R0 pr IV 2 w W, z z 01 0 4" cl 0 a LL U. 1 ms¢VI 0, f"', .. . . ......... . ......... . . ..... . ... .. .... . . ......... .. .. ....... ... ........... .. .. ....... .. . ,r), W" D" J, NIT llil� 81 8, 8 8 Es, I 1 12 rL "P wd v C3 g g ca Im" a (o c� o an as"ibe Nr fib's 4"N'q mw �m WRAM 1��l 141 I'll I, 1`i� R Ull UT, S 3 I x Q1 - - — ------- ------------ IT 0 Li c rw s. ..... . .......... . ........... W, 60, I r . . ...... . ........ 2tl Jv' ca 0) U5 to 1 0) 0 Ul W V� �15 U� UIP W D f LA— ilii Io I ?� Z11 W. C) ep .lj y, M C 2i a 45 17 $4 x'3l 0 a .... ......... �E Cl w 'Ir c, 09105118 CC A GENDA PA C PIG 343 GRANITE CONSTRUCTION COMPANY 1' 0, Rcxx (,".-fl�foirnia 95077-5,08,55 DAILY EXTRIA WORK REPORT CCO No, . . . ............ . contract Na. . . .. . ....... . ... . ... . — Da re . ..... Trux+ue%% 4v-t- � w L.. -) P.F,P,,,btA A 1 '7 m I WHUTE - 06ginat YELLOW - Duplicam IN - trirAwata qV" I c� ce GRANITE CONSTRUCTION COMPANY P,O, Box W.1twivifle, Cahforraia 95077-51M5 DAILY EXTRA WORK 'REPORT C CCQNo m .. . . .............. ....... . ................ . . ..... Contract No,� — — -- ---------------- -- -- -------- - .. . ... ....... ....... ... . . ............. . ........... . .. . . N,,�t ............. Nsciriptiop Orli Work WWTE- Original YELLOW- Dupficale PINK- T6phcatoj "n 41 11C /D �N '4 :D �0 P -p rd "i 5 "�2 A01; 11 In SII IV-' 4,q J, 'Up 40 64 MMD vlM 9' III ,'.0 ""gin v--. ON M e11 Iwo OA 010 M, c" p W V r'n w and w ozuw en +d'd w w VA 0 M 9 09105118 CC A GENDA PA C PIG 347 Nwf"�N'g W p1011.0 air., .......... 40 W W VVY, Wj (A I/', Vf 0 it V1 01 u6 IA V.u�lu° A lh L It to A211 z L' 511111 . . 1.5 ........... .. . .. .................. . . ............................ . . . ......... Cw Z =m-lazzu, 8 Ell 8 8 f Diu ............................MSP d M, c" p W V r'n w and w ozuw en +d'd w w VA 0 M 9 09105118 CC A GENDA PA C PIG 347 GRANITE CONSTRUCTION COMPANY P 0. Box 5009-5, Watsonvifle, (-,,a�irornga 95cV7-71-5085 DAILY EXTRA WORK, REPORT aAeE . . ... ... . ...... . . ' omra CCO No ct Nck . . ........ . . . . . . ............ . .. . ...... 11I)escription of or i C— 'rl' / Q WHITE -- OrigiimM '(E'ELLOW - Duplicate FiINK T6pflcale For C. 0, alnttor 0 8 8 8�1 BE' lm� 9, gprl9 "E, Cld m Im N l". ZllON Wk AA A 24 5� 5� �,,,A 2 9 li'm ll qA 'a IV2, Z� WI'A lb TIIR z 4, X7 Iu t I Lu 14 J z ................. . ........ . . . ....... Oil *5 0 fp— l 0 v� 0 v,� M V) Arj W, ljl� V) W Vi U) 'In 0 . ........... . az P 2 A a n �r A CA iw of 4", g 0 a 152 rill I'M 3 C.1 09105118 CC A GENDA PA C PG 349 I t I Lu 14 Oil I'M 3 C.1 09105118 CC A GENDA PA C PG 349 GRANITE CONSTRUCTION COMPANY P O, Box, 500,855, N'V,,Vsonvfl1a, ( ahfornia 95M'7-5()8,5 DAILYEXTRA WORK REP'ORrT CCU No thte Desuipfion of Work C. CJ, ell 2L - m m -- -- — - - - - ------ For Coittrartor WHITE - Qo�,,gk PINK-, T'dolicato, 09105118 CC AGENDA PACKET PIG 351 I Vil -9� 147 m en C 5 5 r5 � 3 8 �y31, 8 11 8, C', 8 M M ": IN 8 ac, M cn o m 3 Ica C" tln An VIN 00, '518 tov Wl ra 1.71 W ld'� <JI V, 0 0, , VII ca, 0 P+ z VA .. . .......... �,y , , M, P, Ily, ;-zt . .......... v ICI IV use IMI r. x ,Z g. Ln U� 0 to 'rj vi, (f, fj" I v) clq� lul l'o v�, 14 716 ILL A LU m 0 0 Tt im, L u it, � SIR tL W, o I z co 1 mw 1p ER M, C5. �' h P4 2, a 24 v 2 RX T'i i;. 'ap Aj ,N4'flV ........... ........... 15 GT I Nr^ cert "A' kn W9 q Lu ANNA it...... . ....... 01 . .. .......... . .. . .. .. Gj qV& elO 147 05 V) rr, VW, WA INAi �zsf, — ----------------- -- — . ............. . ....... LL S V Ilu 'A' IIZ ir- cd c akqjn 112, . . .......... . ----------- ........... ....... I rq, ;r 71 09105118 CC AGENDA PACKET PIG 351 GR,ANi,rE CONSTRUCTION COMPANY P,O Calkfigrfla 950,77-508.5 DAILY EXTRA WORK REPORT CCO No Contract No, MAO Description of' work . . . .... ........ hr" C, Pit CITY OF BAKERSFIELD Thomas Roads Improvement Pro ram CONTRACT CHANGE ORDER SHEET I OF 1 CONTRACT NO. 17-171 CHANGE ORDER NO. 13 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 ofquantities, and prices to be paid. Segregate between additional work ofcontract price, agreed price and force account. Unless otherwise stated. rates for rental equipment cover only such tirric 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: Item # -t4 Item Description -Excavate Quantity Unit Price Total C 18-1 —2 K Cut Oil Line 1.00 LS246.64 LS $ 8,24&64 (5N-18 Pothole 12" Water Main 1,00 LS $ 2_200.22 LS $ 2,200.22 7N 18.3 Pothole 12" Water Main 1,00 I -S$ 1, 371.79 LS 1,37139 CN 18.4 Pothole & Install RCP 1.00 LS 1 584.60 LS $ 1,584.60 Total Estimated Change: $ 13,403.25 Contract time will be deferred for this change. Total Increase $ 13,403.25 ACCOUNT NO (S); ESTIMATED COST: INCREASE $13,403.25 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred 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. Gave given careful C011SIdel-anoo to die change proposed and hereb.c agree, if this proposal is approved, that we will provide all equip mens, funnsli all anilcrials, except as may otherwise be noted above, and perforin all services necessary for the viork above specified, and will accept as full pa)-tnent thQiefor flie prices shown above Accepted, Date:______, Contractor: Title: /' / � a �� a + a _ � �, CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Thomas Roads Impr -0 TO: PAUL NIGIJO FROM: KRISTINA BUDAK CHANGE ORDER NO: 13 ORIGINAL CONTRACT: $6,301617,00 INCREASE: $ 13,40125 THIS CHANGE ORDER PROVIDES FOR: CN IS: Unforseen Utility Conflicts DATE:&'14/2018 . . . . ..... . . ............... . PROJECT: 'FrLIXtL[11.kveliiipioveinents,'1"9WP4A AGREEMENT NO. 17-171 Is this in accordance with Environmental documents? YES x NO City Council approval required" YES x NO Federalk, Participating? N/A N117S NO REASONS) FOR CHANGE: Utilities were found that were not shown in plans, and they were adjusted to not conflict with project. This change order is to provide the contractor compensation on a force account basis for his actual cost to correct these unforseen conditions. METHOD OF PAVMF�N'V. Payment will be made on the basis of'l--'orce Account. TIME ADJUSTMENT: No adjustment of contract time will be made for this change. CCU DISCUSSED WITH: ESTIMATE OF COST Assistant Director of Public WorksThis CCO Total to Date* COB - Project Manager N Items $000 $OM Construction Manager x Force Amount $13,403,25 $167.167,80 Design x Agreed Price $0,00 $1,048.532,24 Adjustirrent $0.00 $0,00 Prior Approval by: Date Total $13.403,25 $1.215.700,04 Prior Approval by: Date SUPPICulental Funds Provided: $ Fund Segregwion: Federal Participation? N,'A Federal No. Concurrence by Clay Lomax, Caltrans *Estrrnated due to sequence ot'processing. /' / - : a �� a ' a _ � 10 M 0) 0 Lo m co 0 co r.0 CTl Lo 1* (*! N Ct u7 N bq cc N co Y c c cc m 5 usx C) 0 c 0 0 0 00 0 0 C Lo 0 o to Co C 0 0 0 0 0 0 C o o C o o C C C C C C C Gq YG') G - r 0) .4 Y) war �r "4 (,4 ea 0 V) (aLD (Iq 61) F- (n > v 0 0 0 u z LU 00 m 00 z c 0 � 6 UJ < F- * M IX 2 CL a LU 5 E l=- E E o u7 z z m 0 -j z 0 0L (11d 03 0— < cn < E 0 0,.Zzoo 3: w6 0 w Of WCY 3: , 10 M 0) 0 Lo m co 0 co r.0 CTl Lo 1* (*! N Ct u7 N bq cc N co Y 71 C CIN C a C3 (L 6 z Li Z Of C C) ir d 0 < LU c c cc m 5 usx C) 0 c 0 J-: t) N t0 Z E -r M -P 0 — -cc F- (n > v 0 0 0 u z LU z c 0 2 2 0 0 X- m w F- * M IX 2 CL a LU 5 E l=- E E U) > z z m 0 -j z 0 0L < < 0— < cn 0 0,.Zzoo 3: J WCY 3: , 0 X 0 w u, x 0 F- F-- F- P- F- CL 0. a. m to w w U) 0 w z OU u w W- m m -i < < LL M 00 m < 71 C CIN C a C3 (L 6 z Li Z Of C C) ir d 0 < LU � I", ", 0 0 0 0 1 - MNOCCCCO(70 IS 0- 0- 18 18) 0- � 1� 0) CO 6 6 6 6 C 6 m N L ca E (.,I to ('6 N E Q' Efi Era 't Iq c: 0 u U F- k- k- k- F- ONE., 11 R U 09105118 CC A GENDA PA C PG 357 c c cc m 5 usx C) 0 c 0 J-: U) E -r M -P 0 — -cc F- (n z Lu 0 u z LU z c 0 2 2 0 0 X- m w 0 U * M IX 2 CL a LU 0 U U) > m 0 m a < cn 0,.Zzoo uj J WCY 0 0 0 w u, CL 0. a. m U) z OU u w W- m m -i < < M 00 m � I", ", 0 0 0 0 1 - MNOCCCCO(70 IS 0- 0- 18 18) 0- � 1� 0) CO 6 6 6 6 C 6 m N L ca E (.,I to ('6 N E Q' Efi Era 't Iq c: 0 u U F- k- k- k- F- ONE., 11 R U 09105118 CC A GENDA PA C PG 357 »»,\$ P. ■ Box 20847 Bakersfield, <•`©9 GRANITE CONSTRUCTION CMPA P.O.BOX 5127 ¢ KE «.<1» ?+ 9338 w {w...l\/� . � ###?if ?© ,y2d#* #�«7 m ■« 2\f ME Date Description Hours Rate Amount 5/14/18 IAEET W/SRANITE CONST, (PAUL NISLIO), INSPECT JOB. CALL IN FOR ADD O L SERVICES. PROCURE /AATERIAL & PREPARE TO HOT TAP 5" LINE, WELD ON T1, -READ -0 -LET, INSTALL VAI LE 4 HOT TAP. CUT' e& REA1OVE SECTION OF PIPE AS NEEDED. SECURE LOCATION A RETURN TO YARD. RETURN ANY UNSUSED ALATERIA LS FORMAN 1 102.75 102.75 FOR OT 6.5 154.12 1,001.78 LEAD CTT 4 154.12 61648 WELDER OT 6 154.12 924.72 PICK UP 7,5 16.00 120. TOOL TR= 4 27.00 108.00 WELDINS EQUIPNT W/CQNSUAkABLES 6 40.00 240M TOP TAP SERVICE 2,70U00 2,700.00 TE LS 2X6" TREAD -O -LET; 2X4 SCH 410 5 410 35 TO NIPPLE; 2' FULL PORT BOG* SATE VALVE; TEFLON TAPE;2-5,5: SCH 80 WELD CAP 18#'s DRY ICE 41.31 41,31 Signature: ALL WORK OONE AS Total $6,265.39 'Under the Mechanics' Lien Law (California Code of civil Procedure, Section 1181 et, seq.), any contractor, sub contractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid" Terms i 1,5% per month charged on post due accounts. This is an annual percentage rate of 18%, In the event an action is brought by Crider Construction, Inc, for the collection of sums due, reasonable attorney's fees and costs shall be paid in addition to the sum due. /' / - : a ��� ' � _ , � N N N = c:) 0 0 0 0 0 O O 0 0 CD C) CD 0E, 0C3 CQ h 0 (q 1p LP L", CD 00 rl- 07 cnx CD 0 0 CD 0 0 (D C) 0 0 0 o 6 * 0 0 0 m m 0 10 NC4 n m V4 Y) 6R EA (Fsu-, y C4 V) 64 vi iA) to 64 0 N N bs uy EHt�, v) 60 E 64 6 - c --o Li '5 757a N as c%3 (D cc cli 0 a Ln m 69 Vj Eha it E L) E > �E E E W N w CL U�-) UZJ c --o 757a ' z 6 > �E E E 80 co 'R �5 UD U�-) UZJ (u)) 0 z Ul -j Z c 0 a. < < D 0— 2 9) z z E 0- m W z 0 U)M U) > 77D 0 Cy L to = o w 0 0� 0 < a t- F- M-- I-- !- I- I-: F- F- F- F- h- F-- in m uj U w 0- ui -j ul z m w u) c co b v) 0 U) U) co V) uj Y) cn U) 0 CO w < Lu 0 rY 000 U. U- E0. 0) a. a. 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OL ma) Z r cM 11Ij U) LL Lr cr cz m LO m 0 T Cc 0CD ' s cs sj ,O�mNonmcc c c co 69 to E6 2, C, C, (19 E d3 m < t3 00 00 Ln CD cq 6e -0 c 0 CD C) c 0 0 to Q9 Ee Lu E 0 u 'o c 09105118 CC A GENDA PA C PG 361 /' / - : a �� a ' a _ � � ;n 1-ir i'M 11 ji� 5 Mpl -11,01- V HAM PICIT I"IM) 5860 El Camino Real Suite 200, Cadsbad, CA 92008 DAILY EXTRA WORK REPORT 0 ' / - : a �� a ' a _ , � �� 0) 0) CSS "1'C) CD C5 C) C) 0 C) 0 0 C) 0 o o CD m m m m Ca d` C.'I o o h- 7 r"- r-7 C7 CD C) CD 0 CD CS 0 0 0 C) C) 0 0 0 0 0 0 0 0 6`3 Ell) Els 6' � U� Eq (IF) 6q U4 U3 64 ba 0fr ua s1t ffr GO ea LO C4 ea '10 CD U3 00 -0 45O 5 �E 0 't� LO (a 11 04 C*li E 0 T- w 0 < CL E x o co -0 ui C) 0 CL CL N 0 'r� i5 co 2 :3 = = O to n -C > 0 0 15TEEE T © z 00 (Dzz < < < 0 0 W w 0 x rL (D LU o 0 LLJ ry u) co co b cn o co o u) u) cn u) (n (n u) w m w co co cf) 01-iiii JI I.- (n z w o u z UJ < Z o2mmwo U. C: .47- M 0 15 x LU -j 0 uj J C) c/) > w w 10 U- 0 z 0 z 0 00 LL U. W a. CL m CL m 0 I I co Z U) Z Cl CD C CD CD C7 CD CD CD 0 0 0 0 0 M GC c U3 4.e co U , &) U4 ta ot) G') 6, ee v) Vi, 62 -�X� EEH 6e w < co f6 0� �LD t - 2 N co a) 0 0 z 00 C) 04 C*li w 0 C o co 0 CL CL 0 O to n F- z Z 2 0 LL III ,a m O CS '- S :) . CS I cc cc lc.,�, 121 E91011, 60) c EEA Ef .11 11 '0 E *1 00 Qa m > z ro E CL < 09105118 CC A GENDA PA C PG 365 0 z -i F- z 0 CK < 0 0 0 W 0 x rL Lid LU w uj 0 LLJ ry cf) 01-iiii JI I.- (n z w o u z UJ < Z o2mmwo < 0 -j 0 uj J w w w 10 U- 0 z 0 z 0 00 LL U. W a. CL m CL 0 cr- w < 0 U-) Lr, Ln CD CS '- S :) . CS I cc cc lc.,�, 121 E91011, 60) c EEA Ef .11 11 '0 E *1 00 Qa m > z ro E CL < 09105118 CC A GENDA PA C PG 365 .1111, ,,,% r „ ; '� t r,,, iii �r� l►/r 4J %.."J r 5860 EI Camino Real Suite 201 Carlsbad, CA 92008 DAILY EXTRA WORK REPORT WORK PERFORMED FOR. ,r I rr 0 Cl w CL C/) CN N 0 o - c) C' C' C�oo 00 OCDO 00 0 m 0 0 C:, 009 000OO (D 0 C) M 0 C� M (D ct ;; C C, CD 0 0 O C) m C> 0 CD C) 0 0 oonc)OOOOMMOO (0 69 (A E9 69 Q� ell� bq 69e9to @969 e{,t m V� (4, mfes-U-) m N C6 m 0) 'T C) U� CN Q 0, C4 ",j 64 f9E 69 OD Ni Lo w C) T- 0 C z 0 0 z z 0— < Z: T Ia 0 a F- nui F- w UJ u w 0 < UJ LIJ U) 0 C)? 2) 0 w m c c 0 EZ 2 W 0 0 . 0.- to LU 0 z z O W 2 0- cc 2 0 .2- LL U) > 0 UJ < -J 0 , -i 0 Z Z 0 0 0 0 U- LL 0 a. Q. CL a. a,xw u ac �e y �e < mmma m a) Yam 0 LO -e LO LO 0 CC M 04 cq cq 0 0 0 0 0 Ca 0 CD i7 0 0 a, In W C 10 C, C, 0 1= 0 0 CD C) C "0 IT c C) CD 0 0 0 0 c 0 m O O 0 C) 0 c 0 c c 0 c 49 f.9 to 4f3496a .s (n 69 r- N -0 c n ui x E 09 E vi LU Lu < Cc te 6s'.9 ff z c z k2 0 ) U) (0 U) to VI w w Cf) w :D O. VY W z 0 C) 0 73 co z cr 0 - a c E a 0 0 z cr cr w 0(D u < w LU WD OL 0 6 S2 0 > o 0 LL -2 -2 C 0 0 LL LL C1 CD d7 (N CC) 0 COQ z > z LIJ O) 00 7M w LU 0 C) rr 0 Cl w CL C/) /' / - : a �� a ' a _ , 5860 El Camino Real Suite 200, Carlsbad, CA 92008 DAILY EXTRA WORK REPORT JOB NO. L V/�; TZL�J ITEM NO. DATE.' WORK PERFORMED FOR: M�Mmfv o I--," Lx)4-� e;'cc"""4c 'oarz P 0 BOX 5127 BAKERSFIELD, CA 93308 JOB ADDRESS TRUXTUN AVE, BAKERSFIELD GRANITE CONSTRUCTION CO TRUXTUN AVE HWY 99 BAKERSFIELD, CA 93309 C#: 661-399-3361 r INVOICE SEND ALL PAYMENTS % INVOICE NUMBER 78139968-0001 SUNBELT RENTALS, INC ACCOUNT NUMBER PO BOX 409211 85348 ATLANTA, GA 30384-9211 INVOICE DATE 4126/18 PAGE 1 RECEIVED BY CONTRACT NUMBER -I CIARAMELLA, JEREME 78139968 PURCHASE ORDER NUMBER 743979 JOB NUMBER 119GRANITE CONSTRUC BRANCH 0663 BAKERSFIELD CA PC663 34921 PETROL ROAD BAKERSFIELD, CA 93308 661-587-0500 Y EQUIPMENT # Min Day Week 4 Week Amount I 500-600CFM SCOG SPOIL W/80-250 FRESH H2O 400.00 400.00 1400.00 3800.00 800.0() 957842 Make: CITCHWITCH Model: FX30 Ser #: CMWFX3CXCE00021C1 HR OUT: 574,000 HR IN: 582.000 TOTAL: 8.000 Billed from 4/24/18 thru 4/26/18 Rental Sulo , total : SALES ITEMS: Qty Item number Unit Price I EN"VIRCNIVIENTAL EA 11.200 ENVIRONMENTAL 7 DIESEL EA 8.250 2141XXXCCO DIESEL FINAL BILL: 4/24/18 06:45 AM THRU 4/26/18 01:50 PM. 868.9S A IM HfflugWRYENII 800.00 11.20 57.75 63.00 931.95 09105118 CC AGENDA PACKET P6 ''373 /' / � a �� a + a _ � �, CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET I OF I CONTRACT NO. 17-171 —CHANGE ORDER NO. 15 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 ot'clitiantities, 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 Buclak, Project Manager DATE: CHANGE REQUESTED BY: Kristina Buclak, Project Manager DATE: Item # Item Description Quantity Unit Price Total CN 17 Median & Flatwork Revisions 255.27 CY $ 1,100,00 CY $ 280,797,00 $ Total Estimated Change: $ 280,797.00 Contract time will be deferred for this change. Total Increase $ 280,797.00 ACCOUNT NO (S): ESTIMATED COST: INCREASE $280,797.00 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred 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'tle 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 tall materials, except as may otherwise be noted above, and rieffonri 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 PFBLIC WORKS DEPARTMENT Thomas Roads Im -irovement Program TO: PA I J L N 16 L10 FROM: KRISTINA BUDAK CHANC E ORDER NO: ORIG INA L CONI RACJ: INCREASE: CONTRACT CHANGE ORDER MEMORANDUM DATE.- 8,'22/2018 PROJECT: Truxtun Awe Improvements/1'9WINA 15 AGREEMENT NO. 17-171 $6.301,617,00 Is this in accordance with Envirorinienial doctuTicnis? $280,797.00 YES X NO City COL11161 approval required' YES X NO Federfly Participating„`' N A YES NO THIS CHANCE ORDER PROVIDES FOR: CN 17: Median and Flatwork Revisions REASON(S) FOR CHANGE: The estimated 130 cubic yard concrete quantity for median curb and 34.6 cubic yards required to construct gravity retaining curbs in front of the SCCUreCarc Storage facility, were included in the plans but were not included in the amount of minor concrete listed in the schedule of payment items in the contract bid documents. The contract grading plans did not allow for a transition front the elevation of the existing properties down to the new sidewalk grades at various locations on Truxtun Avenue east of Oak Street. To address the elevation transition additional Curbs and walkways Were Constructed which required an additional 43.84 Cubic yards of minor concrete. An additional 35.87 Cubic yards were used to tic in the new work with adjacent existing concrete. With approximately I I cubic yards of minor concrete remaining to complete and using the contract bid price as the basis for this change. the contract is to he increased to include 255.27 cubic yards ofminor concrete at $1.100 per cubic yard. METHOD OF PAYMENT: Payment will be made on the basis of the unit prices bid in the original contract, TIME AD3USTMENT: No adjustment of contract time will be made for this change. CCC) DISCUSSED WIT11: Assistant Director of Public Works COB - Project Manager Construction Manager Dcsi-11 Prior Approv al by: Prior Approval by: X K X Date Date Supplemental Funds Provided: S Federal Participation? N/A Concurrence by: Clay L.wrax, Caltrans ESTIMATE OF COST FLI Ild Segregation: Federal No. *Esurnated due to sequence of processing. This CCO Total to Date' Items $0.00 $0,00 Force Amount Won $186,758.18 .Agreed Price $280,797,00 $1,329,329.24 AdJUSUrCrt $0.00 $0,00 Total $280.797,00 $1,516,087.42 FLI Ild Segregation: Federal No. *Esurnated due to sequence of processing. .71 u u a.J u ij u u an E O E ou u u 21 N I o w cL C) K u va O 0 Vl p1 N W 'p 72 0 0 CD u tj u v u u u M 77 o o CJ o a c c7 O o d G C] a c a c c o o t tit lt�t� L :Z I T 1111 M N to 41 t Vt 11 V CJ CC M V 7) u :D u ZD Z) u u 7) D u u 7) u u 7) u d 1� < < d d d Q d Q < < aTi Z z, z z . 2 . . 2 2 . 2 . . 2 2 . X. 2 2 . . 2 2 X. 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C.� 6 W ua- i F_ u Z g T, IN z 0 119 cru 09105118 CC A GENDA PA C PG 381 D5* Rod Typical go, 50' 1 4.0" 4 d4 .4 - 4 40 4 TYPE "M" MEDIAN CURB IV 0 TES: 1. A# war* shall conform to the applicoble sections of the 'Standard Specifications, State of California, Department of Transportation" opproved current edition, and the following general notes, 2. Subgrade preparation shall be constructed true to grade and cross section with compaction of 909 to a depth of 0.5' below subgrade. I Concrete shall be Class 3 and shall be within 2.5' to 5.5. slump. 4. Amber forms shall be surfaced on the side placed next to the concrete and shall be less than 1.5' thick often being surfaced. 5. loo and Face shall be troweled smooth, then given a final fine brush finish. 6 Where existing curbs are to be replaced, new construction shall match existing construction unless otherwise approved by the City Engineer. 7 Concrete shall contain no additives unless prior approval is obtained from the City Engineer, 8. Concrete shall be cured with a white pigmented curing compound complying to section 90-7018 of the state Standard Specificotions 9. Existing sections of curb shall be sowcut at the limits of the area to be reconstructed. 10. Type V-1" and V-2' Median Curb only allowed as directed by the City Engineer. 11. Median curb to be constructed with farms or be controlled horizontally and vertically with stringline. 12. When constructing new median curb, the existing pavement shall be sowcut a minimum of 20' from the face of the curb or as directed by the City Engineer. 14 Long. Rebor 14 Rebar, 8.0 ong, spaced at 4.0' inta set in 1:1 P.C. and Sand Mortar. JOINTS: (a) Formed Curbs: Expansion joints shall be constructed every 30' with weakened plane joints at 15' (b) Extruded Curbs: Weakened plane joints shall be constructed at 15' intervals. (c) Two 44 longitudinal rebors shall be placed between the curb and the nose section. 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MIS 3M VO (I W k-1 1331aS IDS 3M "I HDivm L J IL lz c— ul to t cn s6 _j i 138 1 S W 10 I u ti Ion .J :q J, Ll LL Lj j R W 0 2n 1 cx) W ILL 41 11 09105118 CC A GENDA PA C PG 392 42E t �16 0 zz 13381s NVO a T j �d, rory 11 09105118 CC A GENDA PA C PG 392 0 zz 13381s NVO a T j �d, T31HS 3N? ILI 0 11 09105118 CC A GENDA PA C PG 392 zz a T j �d, T31HS 3N? 0 11 09105118 CC A GENDA PA C PG 392 LT uti Lu, C5 0 Edi two ao, Tlp xd I_ z nG ....... .............. . . Lf LT 09105118 CC AGENDA PACKET PG 393 uti Lu, 0 ao, I_ z nG 09105118 CC AGENDA PACKET PG 393 uti 0 ao, ....... .............. . . 09105118 CC AGENDA PACKET PG 393 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent—Agreements s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/17/2018 &1[11 1.1 SUBJECT: Contract Change Order No. 2 to Agreement No. 17-154 with Stockbridge General Contracting, Inc. ($90,419.80; revised not to exceed $2,199,306.49), for the Bakersfield Sports Village Phase III Soccer Stadium Improvements Project. Staff recommends approval of the contract change order. BACKGROUND: The Kaiser Permanente Sports Village is a 170 -acre master planned regional sports complex currently being built in phases along Taft Highway between Gosford Road and Ashe Road. Phase I opened in July 2011 and consists of eight full-size lighted soccer fields, restrooms, concessions and parking. Phase I I opened in fall 2013 and includes a second entrance off Ashe Road, four additional soccer fields, four temporary youth football fields, additional restrooms, and parking. Phase III opened in 2018, and consists of an entrance off Taft Highway, a playground, restrooms, walking paths, picnic areas, and additional parking. The Sports Village is designed to meet local recreational demands and to attract and accommodate regional, state, and national athletic competitions. Field maintenance and operations are achieved through long-term agreements with American Youth Soccer Association and Golden Empire Youth Football. The current construction activity within the complex consists of the construction of a soccer sports stadium with irrigation system, landscaping, turf, concrete seat walls and sidewalks, an entry plaza and ornamental fencing, and the installation of electrical conductors for the LED Sports lighting. The field will provide a championship game setting for tournaments and add an additional field for regular play. Contract change Order No. 2 provides for the addition of the sponsor's logo to the new scoreboard and the modification to dimensional lettering in order for the sponsor's name to fit on the block wall. In order to accommodate the sponsor's name on the block wall, the lettering must be reduced in size from 24" to 18" letters, and nine additional characters must be added than originally shown on the approved plans. The contractor has agreed to do this work for a sum of $3,714.32. This change order also provides for the addition of 60 linear feet of ornamental fencing and mow curb to fence in the entire soccer stadium. The additional fencing and curbing is needed due to adjustments being made to the soccer stadium boundary shown on the approved set of plans. The contractor has agreed to accept a lump sum of $9,078.88 to extend the fencing and curbing an additional 60 linear feet. Prior to construction, the project engineer determined the existing site conditions did not conform to the approved plans. Due to the differing site conditions, the City revised the site elevations and reissued a new grading plan to the contractor. The contractor has agreed to accept a lump sum of $70,199.86 to rebuild and compact the berms, back fill and compact the area west of Road 4, and re -grade the soccer field for the installation of the turf. In addition, during construction City staff discovered that the existing phase II mainline irrigation gate valve was buried and inaccessible to City staff. Since this valve is required to isolate the phase 11 irrigation, City staff requested the installation of a new gate valve in an accessible location. The contractor has agreed to do this work for the lump sum of $7,702.74. During the submittal review process, City staff requested a score board that could be used for soccer and football games. In order to accommodate both sporting events, the score board was change from model no. SO -2008-A to model no. MS -2002-A which resulted in a cost reduction to the City. The contractor has provided a credit to the City for ($276.00). The total cost increase of contract change order No. 2 is $90,419.80. The sum of all change orders to date on this project reflects a total cost increase of $138,306.49 (resulting in a 6.7 percent increase of the original contract amount) as illustrated below: Original Contract Amount 1 $2,061,000.00 = F — 2,199,306.49 � $Amended Contract Agreement after Change Orders [= F Increase to date Net �= Fs 138,306.49 This project is funded by a combination of Capital Outlay, Park Improvement, and West Ming Funds. ATTACHMENTS: Description D BUe IMeirno D CCO#2 lBalkeirsflldld Spoirls Wbge Phase 111111 Type Coveir IMeirno /kgireeirneint una� B A K E R L D' PUBLIC TO: Alan Tandy, City Manager FROM: Nick Fidler, P l lic Works irelfor D'AC'E: Septembler 5, 20,18 SUBJECT: AGENDA ITEM FOR COUNCIL MEETING O September , 2018 'EE ,ENT$ lteMi 84 Contract Chonqe Order No. 2Agreement No. 7'- 154 w Sc ;t � tip , co,3.49),for the Sakersftld',Spods Village Phose III; Soccer Sdm Improvements Project The contractor has ladditionaI questions r g ar ing this Change Order. Shalt neelds aiddifional tlrne to respond and discuss, Therefore, staff ragouts th at this Item be pulfed tr m t nfight' council meeting. Staff anticipates that this iferni will"be placed on a futurel agendia in, the near future,. 09105118CC A GENDA PA CKET PG 396 COVY DISTRIBUI 10N 0RUMNA1, CUY CLERK, %'NJ ITIANWI RACNX !N JMNT9Ar`r()R',S MNO, fliO LOW "RM45, II FNVIR. (R)LD V0ROWSPNO CIITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO, 17154 CHANGE ORDER NO. 2 P. O. NO. 181644 PROJECTr Bakersfield Sports Village Phase III SHEET 1 OF I Soccor Stadium improvements CONTRACTOR: Stootaorld. e General Convecting, IM,WA ADDRESS: 2972 Larkin Suite No, 102 FEDERAL NO, (S) Clovis, Ca. 93612 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANCES FROM THE PLAINS AND SPE ClPICATIONS OR DO TIRE FOLLONNIG WORK OJESCHISEV NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE:. Tbin; change order is not affootive until approved by City Coua R or City EnqI lks-ptim od —k W be d—, e4fifflak Of q—Lis, mud pia,s w rm paid Segrrgalt beLvvm *a& oJ` canUui Inca, mK—d r— wmN 6— 1 .I., "d-- se wt .1c' .4, pq—ni —" -Rg each to. .5' 'quipo'm ia molly —d mrd .. 0—n.. rruNl t., —d. R. idk lim,! CHANGEREQUESTED BY: R. VDVles SUBMITTED BY: R, Yo 1kes DATE: AQgI 15, 2018 Corrstruclion Suporsdond-t EXTRA WORK AGREED ON AT LUMP SUM PRINCE • Reduce the sign, wall letter height from 24" to 18" and increase the number of tatters from 20 to 29 on the CMU taloa wall a rdl add sponsor's Nogc, on the scare board, $3,714,32 • Install 60 LF of perimeter fence w0 concrete imow CtAtb per the project plans, • Rough grade and Compact file site per the revised gracing; plan sheet CA,00 issued March 15, 2018 $70,199,66 JN Installart S" gate valve in the planter area scuth of the new s=,ar field access along Road 3 for the phase 11 mainiliine irrtgation and mstaV a 6°' concrete curb around the valve can in the planter area, The Contractor agrees to accept.a Jump sum price, of $90,695,60 as full compensation, including all! markups, for performing the above mention wo0k. ADJUSTMENT OF COMPENSATION AT 69RIElED LUMP SUM I PRICE * Change scoreboard wgn from; Model SO -2008-A to a MS -21002-A as noted in Submiftat 00681 ($276,00) ESTIMAM CQIST: ACCOUNT NO (S) 321 �5021 U?, 8 N PIE131 $90,415 80 INCREASE $90,419,80 DECREASE By reason of Ns order 91111 of City Council Approval Required YES xx contiI wol be adfustd as Follows; 45 Calendar Days NO App—ed As to Forrni CITY ATTORNEY Approved by the C•a ahoil of City of BaNurnfleld Approval Rocarnmornteciz City Engineer Mayor Counlorlitehadt FifterWe Dimetor Data h— p— '-4.1 ni xireeni arz 1- 0aWge Pl. fflld wrud lueeta qp, e. df&,' jfl —pt -- NIP r.Y-m dI 0'x pa -6— 0— Acoepled, Daley comea.tor. .&UE' a ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Bids t. TO: Honorable Mayor and City Council FROM: NelsonSmith, Finance Director DATE: 8/24/2018 111-11 V 03 SUBJECT: Purchase of GPS survey equipment: 1. Accept the bid from Engineering Supply Company, Inc. ($54,038.99), for the purchase of GPS survey equipment for the Public Works Department, Construction Division. 2. Appropriate $55,000 in Equipment Management Fund balance to the Public Works Department's operating budget within the Equipment Management Fund. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the appropriation. BACKGROUND: Bids were solicited for global position systems (GPS) survey equipment. Two bids were received in response to the solicitation. A bid received from RDO Integrated Controls was unacceptable as the bidder failed to acknowledge receipt of an addendum that revised the bid specifications. A bid received from Engineering Supply Company, Inc. ($54,038.99), was based on revised specifications contained in an addendum and is therefore considered acceptable by City staff. Survey crews within the Public Works Department's Construction Division use GPS for surveying work. Two GPS units are assigned to the Construction Division. However, one of these units, which is nearing the end of its life expectancy, is in need of repair and parts are no longer available. City staff recommends acceptance of a bid from Engineering Supply Company, Inc. ($54,038.99), and approval of appropriation necessary to complete the purchase of GPS survey equipment. ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Bids u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/15/2018 &1[11 1.1 SUBJECT: Sewer Lift Station at Hosking Avenue and Akers Road Project: 1. Accept base bid and selective bid alternate No. 2 and approve contract with SW Construction ($345,973.50) for construction of said project. 2. Transfer $316,000 from the "Sewer Lift and Storm Pump Station - Various" Capital Improvement Project to the Sewer Lift Station at Hosking Avenue and Akers Road Capital Improvement Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). STAFF RECOMMENDATION: Staff recommends acceptance of the low base bid and selective bid alternate no. 2, and approval of the contract and transfer. BACKGROUND: The sewer lift station at the southeast corner of Hosking Avenue and Akers Road is severely degraded and in need of rehabilitation. This degradation is caused by elevated amounts of Hydrogen Sulfide gases within the wet well, which has also rendered the existing blower system non-functional. Therefore, rehabilitating the existing lift station is necessary to alleviate recurring operational and maintenance issues. The rehabilitation of the lift station generally consists of relining the wet well, replacing discharge pipes, replacing level transducers, replacing the blower system, repairing concrete, cleaning and sewer bypass pumping. The project was bid with two selective alternates regarding the blower system. Award of the bid was based upon the lower amount between the base bid plus selective bid alternate no. 1 or base bid plus selective bid alternate no. 2. City staff determined that selective bid alternate No. 2 provided the most efficiency for maintenance. The engineer's estimate for this project was $297,375. On June 21, 2018, the City received five bids for this project. Only four of those bids were deemed acceptable. One bid was deemed unacceptable due to an incomplete bid submittal. The four acceptable bids include: SW Construction 5630 District Blvd, Suite 107 Bakersfield, CA 93313 GSE Construction 6950 Preston Avenue Livermore, CA 94551 Cora Constructors I nc. 75140 St. Charles Place, Suite A Palm Desert, CA 92211 Caliagua Inc. 22345 La Palma Ave, Unit 107 Yorba Linda, CA 92887 Base Bid $315,981.50 Selective Alternate No.2 $ 29,992.00 Project Total $345,973.50 Base Bid $350,375.00 Selective Alternate No.2 $ 65,000.00 Project Total $415,375.00 Base Bid $455,575.00 Selective Alternate No.2 $ 30,000.00 Project Total $485,575.00 Base Bid $598,201.00 Selective Alternate No.2 $ 49,819.00 Project Total $648,020.00 When this project was originally budgeted, the scope of work was such that the budgeted amount of $150,000 was sufficient. However, during design it was determined that other items needed attention due to the severe and rapid degradation of the wet well. Therefore, additional funding is needed to award this project. Collectively, $1,000,000 is budgeted in the CIP budget for Plants 2 and 3 for sewer and storm lift rehabilitation projects at various locations depending on priority. Because of the severe degradation of this lift station, rehabilitation of this lift station is a priority. Therefore, staff recommends transferring $316,000 of funding from the CIP project entitled "Sewer Lift and Storm Pump Station Improvements" to fully fund the Hosking Avenue and Akers Road lift station rehabilitation project. Sewer Enterprise funds provide the funding for this project. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D Coir stial(.601r] Piro.*,ts /kgireeirneint Type /kgireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ("Agreement") is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and SW CONSTRUCTION, (an Individual) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the Sewer Lift Station Rehabilitation: Hosking Avenue at Akers Road, 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx 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 Five Thousand, Nine Hundred Seventy Three Dollars and Fifty Cents ($345,973.50). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx 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; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 4 of 13 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 5 of 13 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 favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 6 of 13 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, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 7 of 13 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 section. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 8 of 13 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 fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 9 of 13 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 10 of 13 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 11 of 13 CONTRACTOR: SW CONSTRUCTION 5630 District Boulevard Suite #107 Bakersfield, California 93313 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. 35. 36. 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. CONTRACTOR'S LICENSE INFORMATION. License Number Expiration Date License Classification TAX NUMBERS. 971158 March 31, 2018 A -General Engineering Contractor B -General Building Contractor CONTRACTOR's Federal Tax ID Number 45-5206302 CONTRACTOR is a corporation? Yes No x (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney "CONTRACTOR" SW CONSTRUCTION in PRINT NAME: ELIAS GARCIA Title: Owner C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BD05761C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.l 1969.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 12 of 13 A; ANDREW HEGLUND Deputy District Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BDO576]C-ABE9-47CD-9420- 8E398E7AC688\PDFConvert.1 1969.1.Rehab-of Sewage_Left-Stn_-_Agreement_.docx Page 13 of 13 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Bids v. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/14/2018 WARD: Ward 6 SUBJ ECT:Wastewater Treatment Plant No. 3 Primary Clarifiers 6 and 8 Rehabilitation Project: 1. Accept base bid plus selective bid alternate no. 2 and approve contract with GSE Construction Company, Inc. ($1,074,700.00) for said project. 2. Appropriate $320,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Work Department's Capital Improvement Program budget for said project. STAFF RECOMMENDATION: Staff recommends acceptance of the low bid, approval of the contract, and the appropriation. BACKGROUND: The purpose of primary clarifiers is to remove organic solids from the wastewater. The clarifier's efficiency can greatly impact the overall ability of the plant to treat the wastewater. There are eight primary clarifiers at Plant 3, three of which are currently non -operational. This project will rehabilitate two non -operational primary clarifiers, which allows them to be brought back online. The two primary clarifiers that are to be rehabilitated were converted from secondary to primary clarifiers during the 2007 expansion project and have been offline for approximately two and a half years. Completion of this project also allows Wastewater Treatment Plant No. 3 staff to inspect and address mechanical issues arising in the online primary clarifiers. The scope of work for this project includes launder wall re -sloping and coating, replacing scum rake assemblies, repairing scum collection boxes, repairing sludge rake assemblies, blasting and coating clarifier metal surfaces, repairing concrete, and replacing or rebuilding clarifier drive units. Since it cannot be determined whether the clarifier drive units need to be replaced or rebuilt until they are removed and evaluated, the project bid was structured with a base bid for the known aspects of the project, and a selective bid alternate item for the unknown aspect. Hence, each bidder submitted a proposal cost for the base bid items, a proposal cost for the selective bid alternate no. 1 for the replacement of the clarifier drives, and a proposal cost for the selective bid alternate no. 2 for the rebuilding of the clarifier drives. The lower amount between base bid plus alternate no. 1 and base bid plus alternate no. 2 was used as the basis for determining the low bid and contract compensation total. The engineer's estimate for this construction contract was $937,000.00 for the base bid plus alternate no. 1 and $882,000.00 for base bid plus alternate no. 2. On July 26, 2018, a total of three bids were received; all of those bids are acceptable. Each proposer submitted two proposal costs that includes: GSE Construction, Inc. 6950 Preston Avenue Livermore, CA 94551 Spiess Construction 1110 E. Clark Ave, #210 Santa Maria, CA 93455 W.M. Lyles 1210 W. Olive Ave Fresno, CA 93728 Base Bid + Base Bid + Alternate No. 1 Alternate No. 2 in the amount $1,082,700.00 $1,074,700.00 of in the amount $1,239,000.00 $1,229,000.00 of in the amount $1,872,900.00 $1,873,700.00 of City staff recommends award of the contract to GSE Construction, Inc., for a compensation amount of $1,074,700 based on its proposal being the most favorable to the City. This project is currently underfunded. An additional of $320,000 in Sewer Enterprise Fund balance is needed to fully fund award of this contract; pay for potential contract change orders; and to provide additional services for engineering, construction inspection, coating inspection, and concrete analysis. Sewer Enterprise funds provide the funding source for this project; therefore, there is no General Fund impact associated with this project. F-11 i all M I ��i 14 Ll k &-] Description D Agireeirneint Type Agireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and GSE CONSTRUCTION COMPANY 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 construct the Wastewater Treatment Plant No. 3 Primary Clarifiers Rehabilitation - Clarifiers 6 and 8, 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnni- 1 of 19 9/5/1 CC C i 416 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 One Million, Seventy Four Thousand, Seven Hundred Dollars and Zero Cents (1,074,700.00). The Compensation shall be the total compensation under this C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 9 of 19 09/05/1 CC C i 417 Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention 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; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 4 of 19 09105118CC A GENDA PA CKET PG 418 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna d of 19 9/5/1 CC C i 419 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna .5 of 19 09/05/1 CC C i 420 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna A of 19 09105118 CC A GENDA PA CKET PG 421 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, 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' C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 7 of 19 09105118 CC A GENDA PA CKET PG 422 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna P of 19 09105118CC A GENDA PA CKET PG 423 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 9 of 19 09105118CC A GENDA PA CKET PG 424 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 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 1 n of 19 09105118CC A GENDA PA CKET PG 425 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 CONTRACTOR: GSE CONSTRUCTION COMPANY INC. 6950 Preston Avenue Livermore, California 94551 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. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 11 of 19 09/05/1 CC C i 426 35. CONTRACTOR'S LICENSE INFORMATION. License Number 401498 Expiration Date 03/31/2019 License Classification A - General Engineering Contractor B - General Building Contractor C16 - Fire Protection Contractor C36 - Plumbing 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 94-2667247 CONTRACTOR is a Corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD GSE CONSTRUCTION COMPANY INC. KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT in PRINT NAME: Title: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1 CBB53B66\PDFConvert.11950.1.Agreement_ _WWTP_3= -Clarifiers 6-8_Rehab_Proj.docx Pnna 19 of 19 09/05/1 CC C i 427 1.2 NICK FIDLER Public Works Director COUNTERSIGNED: Z NELSON SMITH Finance Director C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\76EEA61 D-C8B8-4A4E-B082-68D1CBB53B66\PDFConvert.1 1950.1.Agreement --WWTP-3 - -Clarifiers 6-8_Rehab_F`roj.docx Pnni- 1� of 1.� 09105118 CC A GENDA PA C PG 428 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Bids w. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 8/10/2018 &1[11 1.1 SUBJECT: Water Resource Office Building Expansion: 1. Accept the bid and award the contract to Klassen Corporation (not to exceed $1,267,961). 2. Appropriate $800,000 in fund balance to the Water Resources Capital Improvement Program Budget within the Agriculture Enterprise Fund ($400,000) and the Domestic Enterprise Fund ($400,000). STAFF RECOMMENDATION: Staff recommends the City Council accept the bid, award the contract, and appropriate the funds. BACKGROUND: The City's Water Resources Department's office building is in need of expansion. The facility is located at 1000 Buena Vista Road and was constructed in 1991 with 10 designated office spaces. Within the last 10 years, staffing levels have increased, and it is anticipated that staffing levels will continue to increase as the responsibilities of the Department continue to grow. These increased responsibilities include involvement in the Kern River Groundwater Sustainability Agency as a result of the Sustainable Groundwater Management Act; increased drought and conservation regulations and monitoring; increased water quality standards requiring infrastructure improvements; increased storm water discharge regulations; and other duties. In addition, City staff levels will need to increase as the City's domestic water system continues to expand. On May 3, 2017, City staff issued a request for qualifications and fee proposal (RFQ/P) for architectural design consultant services for the office building expansion. One proposal from Skarphol Associates was received and, per staff recommendation, City Council approved Skarphol Associates for design consultant services on June 28, 2017. In June 2018, City staff received final plans for construction. On May 25, 2018 City staff began the responsibility statement and questionnaire (RSQ) process in order to pre -qualify general contractors interested in performing the construction of this project. The scope of work includes the construction of an approximately 3,200 square feet building addition to the existing office building for the City of Bakersfield Water Resources Department. Included with this work is the remodel of the existing office restrooms to meet Americans with Disabilities Act (ADA) requirements, site improvements to meet ADA requirements, construction of additional parking stalls, and replacement of the existing building roof. After review of potential general contractors through the RSQ process, two bids were received on August 2, 2018. Those bids include: Klassen Corporation 2021 Westwind Drive Bakersfield, CA 93301 JTS Construction 7001 McDivitt Dr., Ste B Bakersfield, CA 93313 in the amount of in the amount of Prior to bidding, the architect's estimate was $1,200,000. $1,267,961.00 $1,592,500.00 Initial funding for the construction of this project was allocated to the Water Resources Office Building Expansion Fund during Fiscal Year 2017-18 in the amount of $700,000. During the design phase of the project it became apparent that the $700,000 would not be adequate. This is mainly due to the unforeseen required ADA improvements for the existing restrooms and parking lot. Also, the replacement of the existing roof for the entire building is now included within the project, but was not originally included in the $700,000 construction cost estimate. The existing roof is a clay tile roof, and the felt underneath is failing at multiple locations. Since the building expansion will require new clay roof tiles, it was determined that the roof should be replaced at this time so that it will match. The contractor has the option of salvaging the existing roof tiles, or replacing all of the existing tiles with new tiles, depending on which method is most cost effective. If the contractor chooses to salvage the existing tiles, he will have to incorporate the existing tiles with the new tiles so that the roof tiles for the existing building and the new building are uniform. City staff recommends the appropriation of $800,000 in fund balance to the Water Resources Capital Improvement Program budget within the Agriculture Enterprise Fund ($400,000) and the Domestic Enterprise Fund ($400,000) for the project, which increases total project funding to $1,500,000 ($700,000 originally budgeted plus an additional $800,000). It is anticipated these funds will adequately cover the construction contract, including the ADA requirements and roof replacement, any contingencies, construction management and inspection services, and technological improvements. There is no impact to the General Fund. ATTACHMENTS: Description D /kgireeirneint Type /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 KLASSEN CORPORATION, (a California Corporation, Hawaii Corporation, Delaware Corporation, Individual, etc.) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the Water Resources Office Building Expansion ("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 CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 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 $1,267,961 ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 2 of 13 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; 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 CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 3 of 13 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 cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 4 of 13 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. NO WAIVER OF DEFAULT. The failure of any party to enforce against CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 5 of 13 another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 14. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 6 of 13 Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self - CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 7 of 13 insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 8 of 13 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the Project and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 9 of 13 21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 26. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 27. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 10 of 13 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: KLASSEN CORPORATION 2021 Westwind Drive Bakersfield, California 93301 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 350573 Expiration Date 05/31/2020 License Classification B CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 Page 11 of 13 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-3137506 CONTRACTOR is a corporation? Yes X No_ (Pleasecheck one.) [Signatures on Following Page] CONSTRUCTION PROJECTS AGREEMENT— Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated — September 11, 2017 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 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: ARTHUR CHIANELLO, P.E. Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT - Federal Funds S:\Office Building Expansion\Agreements\Klassen\Construction Projects Agr.Docx Updated - September 11, 2017 "CONTRACTOR" KLASSEN CORPORATION By: PRINT NAME: Title: Page 13 of 13 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Miscellaneous x. TO: Honorable Mayor and City Council FROM: Anthony Galagaza, Fire Chief DATE: 8/3/2018 111-11 V 03 SUBJECT: Appropriate $15,000 in California Fire Foundation grant revenue to the Fire Department operating budget within the General Fund for the purchase of wildland protective gear. STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Fire Department (BFD) was awarded a $15,000 grant from California Fire Foundation to purchase wildland personal protective gear. The California Fire Foundation provides emotional and financial assistance to families of fallen firefighters, and to firefighters and communities that they protect. The Foundation supplies public safety resources and contributions to organizations that aim to enhance and improve the communities of California. The BFD provides master mutual aid and Cal Fire assistance on wildland fires throughout California and the western United States. Much of the BFD wildland protective gear is beyond 10 years old and worn out from use. This grant will assist in the purchasing new wildland personal protective equipment for approximately 75 BFD firefighters, which will better protect firefighters when responding to wildland fires. The BFD will receive the $15,000 grant from the California Fire Foundation and will fund a match of $10,000 from the BFD operating budget for personal protective gear for a total purchase of $25,000 in wildland protective gear. ATTACHMENTS: Description D CafifoiriNa Fire FOUindadoin Gra int Type BackUIMateir4� July 13, 2018 Kevin Albertson Bakersfield Fire Department 2101 H Street Bakersfield , CA 913301 It is a pleasure to inform you that the California Fiire Foundation, a non-profit 501(c)(3) organization, has approved a grant in the amount of $15,000 to the Bakersfield Fire Department. This grant is to support the purchase of specialized firefighting, equipment as described in your application, and project budget received May 17, 2018, Attached please find the Grant Agreement, Fund Disbursement, and W-9 forms. The Grant Agreement contains the terms, and conditions governing your use of our grant funds. The Grant Agreement must be signed and dated by an officer or director. Please email the signed Grant Agreement and subsequent forms toshoward@qpf,arg, The Foundation will not disburse payment on this grant until we receive the signed Grant Agreement, W-9 and complete Fund Disbursement forms. If you have any questions about this grant, or your circumstances have changed since applying for funding, please contact our office as soon as possible. In all correspondence with us, please include your department or association name and contact information. Details regarding publicizing your grant award on social media and within your community will be sent at a hater date. When making any public announcement about this grant, we would appreciate it if you let us know in advance of recognizing support from the California Fire Foundation and PG&E. Thank you for the care you took in filling out the grant proposal, the California Fire Foundation is honored to support your project and we wish you much success! Sincerely, Brian K. Rice, Chair, California Fire Foundation; President California Professional Firefighters GRANT AGREEMENT Grant Agreement for Bakersfield Fire Department This Grant Agreement contains the terms and conditions for your grant in the amount of $15000 from the California Fire Foundation (the "Foundation") to Bakersfield Fire Department (the "Grantee"), dated July 13, 2018. By signing this Grant Agreement and accepting grant funds, an officer or director of the Grantee imakes the representations and agrees to the obligations and conditions set forth. Our offer of this grant is subject to your agreement to, Conditions: 1. Grant funds must be used in accordance with the budget included with your proposal, 2. Grantee shall not engage in any activity that is inconsistent with the terms of this Agreement, including using these funds in a fashion inconsistent with the Foundation's status as an, organization exempt from taxation under lnternal Revenue Code section 501(c)(3), related IRS regulations and rulings. In particular, no funds will be used for lobbying purposes or to aid in the election, of a public official. 3. Grantee will furnish to the Foundation any information concerning a major change in the proposal. 4. if funds are not used for the purposes described in your proposal the Foundation reserves the right to have all remaining grant funds immediately returned. 5. Until the Grantee receives approval from the Foundation, use of the name, logo or any of its licensed marks is prohibited. & The Grantee agrees to defend and hold harmless the Foundation and its officers and employees from and against any claim, including the expenses of investigation and defense of such claim, arising out of or in any way connected with this grant or the expenditure of grant funds. 7. Grantee must provide a written Final Report within 45 days of the project completion date describing conclusions, progress, and/or status of objectives including how funds were expended to attain objectives, R. If you are not able to utilize ail or part of the grant funds for the proposed project, please contact Hedi talon at the California Fire Foundation at 916-641-1707 or hjalon@cpf.org. Please acknowledge your agreement with the terms of this contract by signing and returning a copy of this letter by email to sholward@cpf.org on or before July 27, 2018. Sincerely, Brian K. Rice, Chair, California Fire Foundation; President California Professional Firefighters ACCEPTED BY: Name/Tifle Date [Signatures on Following Page] IN: 'WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as, of the date first written above. 0 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By _ JO,SHUUA H�. RUDNICK Deputy City Attorney Insurance:— APPROVED AS TO CONTENT: BAKERSFIELD FIRE DEPARTMENT By: — ANTHONY GALAG,AZA Fire Chief COUNTERSIGNED; By: __—.- NELSON SMITH Finance Director ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Consent— Miscellaneous y TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Development Services Director DATE: 8/8/2018 111-11 V 03 SUBJECT: Revised Fiscal Year 2018-19 U.S. Department of Housing and Urban Development Annual Action Plan: 1. Appropriate $224,817 in Federal Block Grant funds to the Development Services Department operating budget within the Community Development Block Grant Fund. 2. Appropriate $307,978 in Federal Block Grant funds to the Public Works Department Capital Improvement Program budget within the Community Development Block Grant Fund. 3. Appropriate $501,258 in Federal Block Grant funds to the Development Services Department Operating budget within the HOME Investment Partnerships Program Fund. 4. Agreement with Flood Bakersfield Ministries for $71,072 in Community Development Block Grant Funds (CDBG) to perform homeless outreach services throughout Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of the appropriation of funds and agreement. BACKGROUND: Fiscal Year 2018-19 U.S. Department of Housing and Urban Development Annual Action Plan Revised Budget The City's adopted budget for Fiscal Year 2018-19 projected funding amounts for the U.S. Department of Housing and Urban Development (HUD) programs in accordance with recommendations from the HUD. However, on May 1, 2018, HUD announced funding allocations that increased funding to several programs as further detailed below. On June 20, 2018, the City Council approved the amended FY 2018-19 Action Plan reflecting the HUD funding increases. This action appropriates these additional funds to a variety of programs and capital projects, as outlined in the revised Action Plan. Regulatory Background. The City receives annual HUD entitlements to improve low-income neighborhoods in Bakersfield. Funds are distributed pursuant to the following programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). In order to receive these funds, the City is required to adopt a five-year Consolidated Plan, which reviews the community needs and sets priorities for future funding. The current Consolidated Plan was approved by City Council in 2014, and is implemented via an Annual Action Plan that identifies specific project funding each year. Allocation Announcement. On May 1, 2018, HUD announced funding allocations that increased funding for CDBG by 15%, HOME by 50%, HOPWA by 13% and ESG by less than 1 %. The revised total of funds available for Fiscal Year 2018-19 is $5,959,653, which represents an 8% overall increase. HUD Budget Development Process. On February 16, 2018, the Budget and Finance Committee recommended projects as presented to City Council on April 11, 2018. On May 1, 2018, the announcement of additional CDBG funds allowed the addition of two curb, gutter, and sidewalk projects and funding of homeless outreach activities, which were next in line to be considered if funding was sufficient. A new HOME activity, Affordable Housing Projects, was added as a placeholder for the additional HOME funds until an eligible project is presented. Due to timing constraints, the Budget and Finance Committee Chair directed City staff to bring an amended plan to the full City council for consideration. Those additional activities are underlined below. Therefore, the projects recommended for funding in the FY 2018-19 Action Plan include: CDBG ($3,645,234) • Install curb, gutter and sidewalk in the following areas: o East Terrace Way; o Old Town Kern; o Wilson Road; o Oleander Area; and o East California. • Install Street Light Improvements in the following areas: o Baker Street Neighborhood; and o Oleander Neighborhood. • McMurtrey Aquatics Center Improvements; • Recycling Equipment Purchase for Bakersfield A.R.C.; • Section 108 Loan repayments for street improvements in southeast Bakersfield and park improvements in southeast and downtown Bakersfield; • Public Service funds for Bakersfield Senior Center services, Fair Housing Program Services, Bakersfield Police Department Community Relations officers, and Homeless Outreach Services. • Home accessibility improvement for low/mod income disabled persons; • CDBG administrative funds (all extra admin funds will go into the Fund 111 operating budget). HOME ($1,524,389) • Affordable Housing Projects • New Construction Assistance, CHDO Set -Aside to construct Residences at East Hills, an 81 - unit affordable multi -family development; - HOME administrative funds. HOPWA ($496,350) - Tenant -based rental assistance, short term assistance, emergency assistance, supportive services and housing information services for persons with HIV/AIDS; and - HOPWA administrative funds. ESG ($293,680) • Street outreach, homeless shelter and services, rehousing assistance; and • ESG administrative funds. Attached is the complete list of projects recommended for funding along with budget and project descriptions. Flood Bakersfield Ministries Agreement The second action item is consideration to approve the CDBG agreement ($71,072) with Flood Bakersfield Ministries (Flood) to perform Homeless Outreach Services in the Bakersfield area. Flood is a nonprofit organization that reaches out to homeless individuals to connect them to available food, health, housing, and behavioral treatment services. On average, 14 contacts are needed with a chronically homeless individual before he/she is receptive to services available to treat chronic homelessness. In the latest point -in -time count, there were 810 homeless individuals in the Bakersfield area. Flood lacks the resources to reach all of these individuals; however, additional funding affords the opportunity to reach more people. Flood also receives $22,500 annually in ESG funds for homeless outreach services. Public Review. A public notice was republished in Spanish in El Popular and in English in the Bakersfield Californian on May 18, 2018, concerning the availability of the draft Annual Action Plan for a HUD -required 30 -day public review and comment period. As part of the public review and comment process, a public meeting was held on June 5, 2018, and a summary of all comments received were reported to your council. Within the comments received, was a letter from the Kern County Homeless Collaborative approving the designation of Flood Bakersfield Ministries as its preferred organization to receive the CDBG Outreach Service dollars ($71,072). CONCLUSION: City staff concludes that all regulatory requirements regarding the HUD funding increase have been met. The Action Plan was submitted to HUD on June 26, 2018, and is currently under review. Upon HUD's approval, funds are expected to be available after the start of the federal fiscal year in October 2018. F-11 i all M I ��i 14 Ll k &I Description D h hUD Adddoinafm solar: I i'iine Ilteirn DetaH D FYfl13[19Acdon Rain RevisbinsAppiroved 6/20/20,1(13 Type Exhbt BackUIMateir4� Ci'ity/kgireeirneintWth Food IBalkeirsflleld IWiNstides, Ilirc Moir /kgireeiryleirit hbirnebss OUtireach Seirvkes 0 C) N 060 �— (N0 (0 N OCl) (0'ITL0 EA EA EA O O O O N N M O Cl) M W C0' G• r (f3 I (f3 d K} O = O O O O O CO N r (0 O LO O O r O O N N (0 0) M Cl) EA ER EA ER K} O O O O O O O O r+ (0 O O O (O O N N LO O O (D LL (0 C0 - N 0)O co M r LO p (fl ER 6s EF? 63 6s (f3 6s O M LO L E N r 6 M r 0 r 9 0 r 0 r 0 N 0 �. M p � Z c O � r 0 ti� Lo r (0 Lo r (0 ti Lo 100 m Ln Q0 Q0 ti Ln (0 Mp Q0 O ti Ln (0 T. ti Q N r N r N r N r N r N r 4- 0 O O O O O CO O r O r O Ln N r O O O 00 r Q) L- m co Cd CSF L O It H4 EFi (fl LO ff} V M � O `O r O O N N ♦LU v- / W o m V d' co 0r 0- 0) ti O m ta coI 0) ~ O co 61) V O O O O O O O O Z oo O O O O O O Oo N O O O N r r (0 r (0 r- O O O O O O f-- O O O co r r 00 Z 00 M d r ti LO N N 0 (A ER (f3 00 (f3 00 (fl fA Z OO O O O O O O O O O MC 00 O O O 00 O N O O O O N O O O N N 00 M r r N L 0 (0 r- O O O O O O 0 fes- ti O ti O r 00 O O 00 r O M 0 000 M r m ti O ti LO LO M Cl) d 64 ER (f3 00 ea (f3 (f3 EF? 00 (flER = L N r r r 0) r N Q� E r M M L,(') (0 to M C0 co M N 00 r O f— N z ti (O O co (0 co ti (0 co (0 co tiN (0 co 00 O Ur uJ Q d O (O CD f co 0 LL iL r r r r r r r H MEMORANDUM DATE: May 3, 2018 TO: Alan Tandy, City Manager FROM: Jacquelyn Kitchen, Development Services Director SUBJECT: Revised Funding Allocation for Action Plan FY 2018-19 Background Earlier this year, Staff began preparation for the City of Bakersfield's annual Action Plan for Fiscal Year 2018-19. As a part of this process, Staff contacted the HUD Los Angeles Field Office for guidance on expected allocations for the coming fiscal year; and HUD recommended that the City continue with the direction from the previous year of 10 -percent decreases in all funding levels. Therefore, Staff prepared and submitted the FY 2018-19 Draft Action Plan to the Budget and Finance Committee for recommendation and subsequently to the full City Council for approval. City Council approved the Draft Action Plan on April 10, 2018, with the caveat that minor adjustments in the exact funding amounts upon HUD's release of the final funding allocation amounts. Proposal On May 1, 2018, HUD released its allocation decision. The City's funding allocations were significantly increased for CDBG and HOME, making it necessary to bring the Action Plan back before City Council for further review and approval. The table below shows the actual allocation from HUD, the projected allocations that were submitted to City Council and approved, and the value of additional funds by program. Based on the actual HUD funding allocations, Staff has developed a scenario for distribution of that funding: • CDBG: Dedicate the increased Public Services dollars ($71,072) to fund Homeless Outreach for up to two years (will require a one-time amendment to Resolution 152-01 (attached); distribute the remaining surplus dollars ($307,978) between two Public Works projects (Oleander, and East California C&G). • HOME: Fully fund the "Residents at East Hills" project to the original request of $1 million; increase administrative cap; allocate remaining $371,950 to a yet -to -be -named affordable housing project. • ESG: Distribute $801 increase between Outreach and Rapid Rehousing per regulations. Emergency Shelter projects funding remain the same. • HOPWA: Distribute the $58,184 increase directly to the program per regulations. These scenarios are detailed in the attached spreadsheet. It is also noted that a variation of this recommendation could be to allocate the remaining $307,978 CDBG funds to one project instead of partially funding two. Page 11 CDBG HOME ESG HOPWA Actual FY18 Allocation $3,638,234 $1,494,389 $293,680 $496,350 Projected FY18 Allocation $3,164,421 $993,131 $292,879 $438,169 Difference (+/-) +$473,813 +$501,258 +$801 +$58,184 Based on the actual HUD funding allocations, Staff has developed a scenario for distribution of that funding: • CDBG: Dedicate the increased Public Services dollars ($71,072) to fund Homeless Outreach for up to two years (will require a one-time amendment to Resolution 152-01 (attached); distribute the remaining surplus dollars ($307,978) between two Public Works projects (Oleander, and East California C&G). • HOME: Fully fund the "Residents at East Hills" project to the original request of $1 million; increase administrative cap; allocate remaining $371,950 to a yet -to -be -named affordable housing project. • ESG: Distribute $801 increase between Outreach and Rapid Rehousing per regulations. Emergency Shelter projects funding remain the same. • HOPWA: Distribute the $58,184 increase directly to the program per regulations. These scenarios are detailed in the attached spreadsheet. It is also noted that a variation of this recommendation could be to allocate the remaining $307,978 CDBG funds to one project instead of partially funding two. Page 11 Next Steps Because the increase in allocated funds differs significantly from Staff's original projections, it is necessary to repeat some of the federal Citizen Participation requirements. After receiving approval from your office to go forward, Staff will need to update the Draft Action Plan, re -publish the draft plan for 30 days, and during that 30 - day period hold a community meeting on the proposed changes. At the end of the 30 -day public notice period, Staff will ask the City Council to re -approve the draft plan, and then forward that revised plan to HUD. A proposed timeline summary of critical dates is included below. May 3"d - May 111h Staff recommendations to City Manager. May 14" — May 25th Approval by Budget and Finance Committee (if needed) May 28th —June I" Update Action Plan and print for 30 day notice June 4th Notices sent to papers for publishing/ Start 30 -day review period June 27th Community Meeting for Input July 18th City Council Meeting (Action Plan and Amendment to Resolution 152- 01) July 23rd Submit Action Plan to HUD August 16th Deadline to submit to HUD to receive money Recommendation Staff recommends moving forward with the above Scenario pursuant to the schedule noted above. CC: Nelson Smith, Finance Director Hayward Cox, Community Development Coordinator Misty Eaton, Business Manager for Development Services Attachments: Proposed Funding Spreadsheet Resolution 152-01 s:\edcd_shared\action plans\action plan 2018-19\revised hud funding allocations.docx City of Bakersfield • 1715 Chester Avenue • Bak -"f;-1,4 _ O"I"MI 9/5/1 CC C i 454 Community Development Black Grant Program (CDBG) CDBG 3,164,421.001 473,813.00 Income 7,000.00 7,000.00 0.00 TOTAL00 00 Admin 634,284.00 729,046.80 94,762.80 Bakersfield Senior Center 85,000.00 85,000.00 0.00 Bakersfield Police Department 290,713.00 290,713.00 0.00 Fair Housing Services 100,000.00 100,000.00 0.00 New: Homeless Outreach Services 0.00 71,072.00 71,072.00 Section 108 - $800,000 54,711.00 54,711.00 0.00 Section 108 - $4.1 M 292,758.00 292,758.00 0.00 Home Access 40,000.00 40,000.00 0.00 East Terrace Curb, Gutter, Sidewalk 300,000.00 300,000.00 0.00 Old Town Kern Curb, Gutter, Sidewalk 300,000.00 300,000.00 0.00 Wilson Curb, Gutter, Sidewalk 350,000.00 350,000.00 0.00 Baker Lighting Improvements 61,000.00 61,000.00 0.00 Oleander Lighting Improvements 179,955.00 179,955.00 0.00 McMurtrey Center Improvements 316,000.00 316,000.00 0.00 Bakersfield ARC 167,000.001 167,000.00 0.00 Oleander Curb, Gutter, Sidewalk 0.00 153,989.10 153,989.10 East California Curb, Gutter, Sidewalk 0.00 153,989.10 153,989.10 TOTAL00 00 HOME Investment Partnership Program (HOME) MM HOME 993,131.00 1,494,389.00 501,258.00 Income 30,000.001 30,000.001 0.00 TOTAL00 00 Admin 102,313.101 152,438.90 50,125.8 CHDO Set -Aside (15%) 148,969 65 224,158.35 75,188.74 New Construction 771,848.25 1,068,609.65 371,950.10 Residences at East Kern HACK 920,817.90 1,000,000.00 79,182.10 TOTAL00 1,445,206.90 Emergency Solutions Grant Program (ESG) III III � VIII ESG 292,879.00 293,680.00 801.00 Admin 21,965.93 22,026.00 60.08 Bakersfield Homeless Center 63,363.00 63,363.00 0.00 Mission at Kern County 63,363.00 63,363.00 0.00 Alliance Against Family Violence 26,500.00 26,500.00 0.00 Rapid Rehousing 1 95,187.001 95,446.00 259.00 Flood Ministries Outreach 1 22,500.001 22,982.001 482.00 TOTAL293,680.00 Housing Opportunities for People with Aids (HOPWA) HOPWA 438,169.00 496,350.00 58,181.00 Admin 13,145.071 14,890.501 1,745.43 Kern County Public Health 425,023.931 481,459.501 56,435.57 TOTAL00 496,350.00 RESOLUTION NO. 15 2' x I A RESOLUTION ESTABLISHING COUNCIL POLICY FOR EVALUATING REQUESTS FOR FINANCIAL ASSISTANCE FROM NON-PROFIT GROUPS. WHEREAS, the City Council from time to time receives requests for financial assistance from non-profit groups; and WHEREAS, the City Council must evaluate these requests for financial assistance to determine the ability of the City to consider such requests in accordance with Council goals and given limited City resources; and WHEREAS, the City Council requested that the Budget and Finance Committee of the Council review a policy for evaluating requests for financial assistance from non-profit groups; and WHEREAS, the Budget and Finance Committee has reviewed the proposed policy and is recommending its adoption; and WHEREAS, a resolution of the City Council is necessary to adopt Council policy for financial assistance from non-profit groups; NOW, THEREFORE, BE IT RESOLVED as follows: 1. All the foregoing recitals are true and correct. 2. The Council may consider requests for financial assistance from non-profit groups if the request for financial assistance meets at least one of the following criteria: a. It is for one-time expenditures rather than ongoing costs; b. It is for capital expenditures rather than operating costs; e. It is for one-time activities which are tied to specific high priority City Council goals; d. It is for use of City facilities by the non-profit group. Requests for financial assistance from non-profit groups not meeting the criteria set forth in this paragraph will not be considered for funding. 3. Non-profit groups requesting financial assistance shall provide current financial information including Balance Sheets, Profit and Loss Statements and other pertinent financial information to support their funding request. The non-profit group shall provide evidence of matching funds so the City does not bear the entire cost of the proposed project or activity. A K oRiGNAL 09105118CCAGENDAPACKETPG 456 4. The Council will not consider assistance to non-profit groups for ongoing operation and maintenance purposes with the exception of the following groups with which the City has had an ongoing relationship, The Bakersfield Senior Center, The Bakersfield Museum of Art and The Bakersfield Symphony. The sources and amounts of funds to be contributed annually to these three organizations is to be recommended by the City Manager as part of the City's annual budget, subject to City Council review and approval. 6. The Council authorizes the City Manager to notify groups who make requests for financial assistance which do not conform to this policy, that their request is outside Council policy. ------- 000 ------- 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 1- 9 2 01 by the following vote: Ayes: Council Member Benham, Carson, Couch, Hanson, Maggard, Salvaggio, Sullivan Noes: Council Member°*� Abstain: Council Member Absent: Council Member PIVtiF - EM M APPROVED AS TO FORM: BART J. THILTGEN City Attorney B o1, IL % mi WMIM" 111ITTRIM, 09105118CCAGENDAPACKETPG 457 AGREEMENT NO. FLOOD BAKERSFIELD MINISTRIES GRANT AGREEMENT FOR HOMELESS OUTREACH SERVICES THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY' herein) and FLOOD BAKERSFIELD MINISTRIES, INC., a 501 (C) (3) California non-profit, public -benefit corporation ("CORPORATION" herein). RECITALS WHEREAS, the Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974, and amendments (the "Act"). The Act provides for Community Development Block Grants for eligible activities; and WHEREAS, CITY has submitted required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant ("Grant") pursuant to the Act; and WHEREAS, California Government Code Section 53703 authorizes cities to participate in federally -funded health, welfare, public works, and community - improvement programs, and empowers cities to contract with public and private agencies; and WHEREAS, CITY shall not be obligated to disburse, or pay to, CORPORATION or any third party, any funds until and after CITY receives Grant funds from the federal government; and WHEREAS, CORPORATION operates a homeless outreach program that serves homeless persons in the Bakersfield area; and WHEREAS, CORPORATION has requested assistance in increasing the level of programs and activities; and WHEREAS, CITY desires to assist CORPORATION by making grant funding available for a portion of the costs associated with certain activities as are permitted by the Grant for homeless outreach in the Bakersfield area; and Fair Housing Service Agreement WHEREAS, HUD requires CITY to provide an annual report which identifies the level of progress and accomplishments in meeting HUD's goals; and WHEREAS, CITY requires CORPORATION to participate in reporting information on low- and moderate -income persons served to meet HUD's goals. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CORPORATION mutually agree as follows: 1. NATIONAL OBJECTIVES. CORPORATION certifies that the activities carried out with funds provided under this AGREEMENT will meet the Grant program's National Objective -- principally benefit low/moderate income persons as defined in 24 CFR Part 570.208(a) (2) (A). 2. DEFINITIONS. Except as modified by the "Grant Agreement," to be entered into by CITY, CORPORATION, and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement. 2.1. "Program" means CITY's Community Development Program, and its administration. 2.2. "Activities" means homeless outreach services provided by CORPORATION as described in Schedule "A." 3. GRANT. It is expressly agreed and understood that the total amount granted by CITY to CORPORATION under this Agreement shall not exceed SEVENTY ONE THOUSAND and SEVENTY TWO DOLLARS ($71,072). Such grant shall only be used to pay for services provided as set forth in Exhibit "A." and in accordance with this agreement. 3.1. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to, CORPORATION or any third party, any funds until and after CITY receives Grant funds from the federal government. If CITY does not receive such funds, CITY or CORPORATION, at its option, may terminate this Agreement without any liability to the other. CORPORATION shall not be entitled to any damages from CITY and CITY shall not be entitled to any remedy against CORPORATION if either terminates the Agreement, even if CORPORATION, CITY or any third party has detrimentally relied upon this Agreement. 3.1.1. CORPORATION shall conform to the "time frame" as set forth in Schedule "A," attached hereto and incorporated herein by reference. CORPORATION shall pay for any and all costs greater than SEVENTY ONE THOUSAND and SEVENTY TWO DOLLARS ($71,072). Fair Housing Service Agreement 11 3.2. Scope Of Grant. The scope of grant is set forth in Schedule "A" which is attached hereto and incorporated herein by reference as if set forth in full. 3.2.1. That portion of the scope of grant related to the operation of CORPORATE grant activities shall specifically comply with the requirements set forth in 24 CFR 570, 24, Subpart J; CFR 570.60, 24 Subpart K, 24 CFR Part 84; OMB Circular A-122; and OMB Circular A-133. 3.3. Eligible Claims for Payment. CITY agrees to pay eligible claims for payment to CORPORATION within thirty (30) days after CITY receives an eligible claim for payment and performance report as set forth herein, and a properly - designated CORPORATION official certifies the claim. 3.4. Method of Payment. CORPORATION shall properly itemize and document claims for payment to show clearly the items, tasks, or services for which CORPORATION claims reimbursement, as well as describing to which of the Activities the payment is related. CORPORATION shall also describe the basis for computation: cost per hour, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy, and may refuse to pay any claim until explained to CITY's satisfaction. 3.5. Term. The term of this Agreement shall begin upon execution of this agreement by all parties and end September 30, 2019. 4. CORPORATIONS OBLIGATIONS. CORPORATION shall comply with regulations: 4.1. Laws and Regulations In addition to the terms stated herein, the following Federal and State laws and 4.1.1. Federal. CORPORATION shall obey the Act, any amendments, Federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to CITY now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration of the Grant, or any other statute, regulation, or guideline applicable to the Program. CORPORATION shall become familiar with the appropriate statues, regulations, and guidelines governing the Grant program. 4.1.2. California. CORPORATION shall comply with all provisions of California law applicable to this Agreement. 4.1.3. Independent Contractor. CORPORATION understands and agrees that it is an "independent contractor' with respect to the services to be Fair Housing Service Agreement 3 performed under this Agreement. CORPORATION is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance. This shall not be construed as forming a partnership or any other association with CORPORATION other than that of an independent contractor. 4.1.4. Indemnification. CORPORATION shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees and HUD 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 CORPORATION, CORPORATION'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. 4.1.5. Insurance. In addition to any other insurance or bond required under this Agreement, CORPORATION shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 4.1.5.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 4.1.5.1.1. Provide coverage for owned, non -owned and hired autos. 4.1.5.2. Broad form commercial -general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 4.1.5.2.1. Provide contractual liability coverage for the terms of this Agreement. 4.1.5.2.2. Provide products and completed operations coverage. Fair Housing Service Agreement n 4.1.5.2.3. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 4.1.5.2.4. All policies shall be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self -Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self -Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 4.1.5.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers. 4.1.5.4. Except for professional liability, all policies required of CORPORATION shall be primary insurance as to CITY, its mayor, council, officers, agents, employees or designated volunteers, and any insurance or self-insurance maintained by CITY shall be excess of CORPORATION's insurance and shall not contribute with it. 4.1.5.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self-insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 4.1.5.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 4.1.5.7. The insurance required hereunder shall be maintained at all times during the term of this Agreement or any extension thereof. 4.1.5.8. CORPORATION shall furnish CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if Fair Housing Service Agreement ,Wig certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 4.1.5.9. Full compensation for all premiums which the CORPORATION is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance. 4.1.5.10. It is further understood and agreed by CORPORATION that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by CORPORATION in connection with this Agreement. 4.1.5.11. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CORPORATION. 5. ADMINISTRATIVE REQUIREMENTS. 5.1. Financial Management. 5.1.1. Accounting Standards. CORPORATION agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 5.1.2. Cost Principles. CORPORATION shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations." 5.1.3. Documentation and Record Keeping. 5.1.3.1. Records to be Maintained. CORPORATION shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to: 5.1.3.1.1. Records providing a full description of each activity undertaken; Fair Housing Service Agreement I 5.1.3.1.2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 5.1.3.1.3. Records required to determine the eligibility of activities; 5.1.3.1.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with Grant assistance; 5.1.3.1.5. Records documenting compliance with the fair housing and equal opportunity components of the Grant program; 5.1.3.1.6. Financial records as required by 24 CFR Part 570.502, and 24 CFR Part 84; 5.1.3.1.7. Other records necessary to document compliance with Subpart K of 24 CFR 570. 5.1.3.2. Retention. CORPORATION shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of the Future Use Restriction Period under this Agreement. Records for non -expendable property acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. 5.1.3.3. Client Data. CORPORATION shall maintain client data demonstrating client eligibility for services provided. Such information shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided. CORPORATION shall also collect and maintain data regarding race, ethnicity and disability status of clients. Such information shall be submitted to CITY or its designees for review on a quarterly basis. 5.1.3.4. Property Records. CORPORATION shall accept title to and be responsible for the maintenance and operation of the improvements made under this Agreement. Fair Housing Service Agreement FA 5.1.3.5. Close -Outs. CORPORATION's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close- out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5.1.3.6. Audits and Inspections. All CORPORATIONS records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CORPORATION within 30 days after receipt by it. Failure of CORPORATION to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. CORPORATION hereby agrees to have an annual audit conducted in accordance with current CITY policies concerning subrecipient audits and, as applicable, OMB Circular A-133, "Single Audit". 5.2. Reports and Payment Procedures. 5.2.1. Program Income. CORPORATION shall report annually all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by CORPORATION shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, CORPORATION may use such income during the Agreement period for activities permitted under this and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to CITY at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to CITY. 5.2.2. Indirect Costs. If indirect costs are charged, CORPORATION will develop an indirect cost allocation plan for determining its appropriate share of administrative costs and shall submit such plan to CITY for approval, in a form specified by CITY. 5.2.3. Progress Reports. CORPORATION shall submit regular Progress Reports to CITY quarterly as described in Exhibit "A" on forms approved by CITY. 5.3. Personnel and Participant Conditions Fair Housing Service Agreement P-0, 5.3.1. Non-discrimination Requirements. Under any related agreements or contracts, CORPORATION shall provide that no person, on the grounds of race, color, national origin, religion, sex or physical handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG Program funds. In addition, CDBG Program funds must be made available in accordance with the following: 5.3.1.1. The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100. 5.3.1.2. Executive Order 11063 (Equal Opportunity in Housing). 5.3.1.3. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Title VIII of the Civil Rights Act of 1968 (Public Law 90-284 nondiscrimination and fair housing on federally assisted programs). 5.3.2. Rehabilitation Act of 1973 and Americans with Disabilities Act. This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (Public Law 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, 42 USC 12101, et. seq.; and, facilities operated by CORPORATION under this Agreement shall comply with Americans with Disabilities Act Accessibility Guidelines (ADAAG) 2010, under which CORPORATION will be monitored annually by CITY or designee. 5.3.3. Non-discrimination Because of Age. This Agreement is subject to the Age Discrimination Act of 1975, as amended, (Title III of Public Law 94-135) and attendant Code of Federal Regulations at 48 CFR, Part 22, Subpart 22.9. That Act sets forth that, except as otherwise provided, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 5.3.4. Equal Employment Opportunity (Non-discrimination Clause). CORPORATION shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CORPORATION shall take affirmative action to insure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or Fair Housing Service Agreement 6 sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CORPORATION shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY or HUD setting forth the provisions of this nondiscrimination clause. CORPORATION shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. 5.3.5. Women- and Minority -Owned Business Enterprises. CORPORATION agrees to abide by the requirements of Executive Orders 11625, 12432 and 12138, the HUD regulations issued pursuant thereto at 41 CFR Part 24, 41 CFR Subpart 1-1.13, and any applicable rules and orders of HUD. The foregoing require the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women - and minority-owned business enterprises, as subcontractors and suppliers to contractors performing work, or rendering services as prime contractors or subcontractors, under federally -funded procurement contracts. 5.3.6. Affirmative Action for the Vietnam -Era Veterans. CORPORATION shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 5.3.7. Small Business Concerns. This Agreement is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, applicable HUD regulations at 48 CFR, Part 19, and any applicable rules and orders of HUD requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small-business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally -funded purchases and contracts for property and services. 5.3.7.1. CORPORATION shall implement the specific small-business policies herein below to further the goals of the Small Business Act: 5.3.8. Equitable Opportunity. CORPORATION shall give small businesses an equitable opportunity to compete for prime contracts and subcontracts. CORPORATION shall include the applicable "Utilization of Small Fair Housing Service Agreement 10 Business Concerns and Small Disadvantaged Business Concerns" clause in all contracts in connection with this Activity in amounts which may exceed $10,000 except; 5.3.8.1. Contracts which are to be performed entirely outside the United States; and 5.3.8.2. Contracts for personal services. 5.3.8.3. Bidder mailing lists shall include established and potential qualified small-business concerns; 5.3.8.4. CORPORATION shall send invitations for bids, or request for proposals, to all firms on the appropriate mailing list which shall include an appropriate number of small businesses; 5.3.8.5. CORPORATION shall publicize proposed procurement and contract awards in accordance with these policies; 5.3.8.6. CORPORATION shall divide procurement of property and services into reasonably small lots (not less than economic production runs) to permit bidding on quantities less than the total requirements; 5.3.8.7. CORPORATION shall allow the maximum amount of time practical for preparation and submission of bid and proposals; 5.3.8.8. CORPORATION shall establish realistic delivery schedules to encourage small business participation; 5.3.8.9. CORPORATION shall furnish applicable specifications, plans, and drawings with invitations for bids and request for proposals or information as to locations where they may be obtained, or examined; 5.3.8.10. CORPORATION shall treat equal low bids in accordance with 48 CFR Subpart 14.408-1; 5.3.8.11. CORPORATION shall encourage subcontracting to enroll small businesses. 5.3.8.12. CORPORATION shall place small purchases (amounts under $25,000) with small businesses whenever appropriate; Fair Housing Service Agreement 5.3.8.13. CORPORATION shall refer small businesses seeking federal contracts, but lacking qualifications as contractors, to CITY and the Small Business Administration for assistance as may be appropriate; 5.3.8.14. CORPORATION shall refer offers from small business concerns otherwise qualified, to perform specific federal contracts but ineligible under Walsh -Healey Public Contract Acts, to City and Small Business Administration for possible certification of eligibility to receive and perform the contract; 5.3.8.15. To the extent practicable, CORPORATION shall place work to be performed, which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss, so that more than one small- business concern may perform the work; and 5.3.8.16. The Small Business Administration may certify a small business, otherwise qualified to receive and perform specific federal contracts but determined to be non -responsible, to be competent under the provisions of the Small Business Act. 5.3.9. Federal Labor Standards Provisions. CORPORATION shall comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provision of Contract Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a -276a5; 40 U.S.C. 327 and 40 U.S.C. 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. CORPORATION shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request. 5.3.9.1. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, CORPORATION, and all contractors engaged under contracts in excess of $2,000 for the construction, alteration, and/or repair of any building or work financed in whole or in part with Federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR parts 3, 5, and 5.5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CORPORATION of its obligation, if any, to require payment of higher rates. CORPORATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clause, or any modification thereof, set out in 29 CFR parts 3, 5, and 5.5a. CORPORATION shall comply with the procedures set out Fair Housing Service Agreement 12 in the HUD handbook 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs" (as amended). 5.3.9.2. CORPORATION shall make no awards of contracts under this Agreement to any contractor ineligible under any applicable regulations of the Department of Labor. 5.3.10. Use of Grant Funds for Religious Purpose. CORPORATION shall permit no CDBG funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another, as further described at 24 CFR 576.22. 5.3.11. Prohibited Interest of Officials and Employees. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from it. No member, officer or employee of CORPORATION, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with respect to the CDBG Program during their tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement and the requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR 60 . 5.3.12. Political Activity. CORPORATION shall expend no Grant funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code). 5.3.13. Lobbying. CORPORATION certifies, to the best of its knowledge and belief, no Federally -appropriated funds have been paid or will be paid, by or on behalf of CORPORATION, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 5.3.13.1. If funds, other than Federally -appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection Fair Housing Service Agreement 13 with this Federal contract, grant, loan or cooperative agreement, CORPORATION shall complete and submit, in accordance with its instruction, Certification Regarding Lobbying, Exhibit "B" attached hereto. 5.3.14. Druq-Free Workplace Act of 1988. CORPORATION, in executing this, certifies that it and any of its agents or subcontractors will maintain a drug- free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F. CORPORATION shall complete and submit, in accordance with its instruction, Certification Regarding Drug Free Workplace, Exhibit "C" attached hereto. 5.4. Environmental Conditions. 5.4.1. Environmental Considerations. CITY and CORPORATION want to assure that the policies of the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with HUD Environmental Review Procedures (24 CFR Part 58) leading to certification of release of funds for particular projects, and the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project as rapidly as possible. Project delay occasioned by delay in obtaining HUD approval or in the CEQA review procedures shall extend the estimated work completion time frame. 5.4.2. Clean Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Environmental Protection Agency at 40 CFR Part 15, as amended. 5.4.2.1. CORPORATION shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt (exceed $100,000, or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction, the clause set out in 48 CFR 52.223-2. 5.4.2.2. CORPORATION shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223-1, in each solicitation and resulting contract and contracts it awards without a solicitation. 5.4.2.3. CORPORATION shall not use any funds under this Agreement for a facility which has a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. Fair Housing Service Agreement IM 5.4.3. Relocation Assistance and Acquisition Policies. This Agreement is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601), and the HUD implementing regulations. 5.4.4. Architectural Barriers Act of 1968. This Agreement is subject to the requirements of the Architectural Barriers Act of 1968, as amended (42 USC 4151, et. seq.) and its regulations (41 CFR Subpart 101-19.6). 5.4.5. Historic Preservation. CORPORATION shall take into account the effect of the Project on any CORPORATION, site, building, structure or object listed in or found by the Secretary of Interior, pursuant to 36 CFR 800, to be eligible for inclusion by the National Park Service. CORPORATION shall eliminate or minimize any adverse impact on a historic property. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470f), P.L. 89-665, Executive Order 11593, May 13, 1971, the Preservation of Archaeological and Historical Data Act of 1960 (16 USC 469a-1, et. seq.), the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), and their implementing regulations. 6. CITY's OBLIGATIONS. 6.1. Copy of Regulations and Statutes. CITY will make available to CORPORATION a copy of any regulation CITY enacts to facilitate administration of said Program. 6.2. Environmental Clearance. CITY shall be responsible for evaluating the activities of this agreement under the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) as applicable. 7. CITY'S REMEDIES. If CORPORATION fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and may demand CORPORATION return all funds granted to CORPORATION pursuant to this Agreement. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances made the remedies incompatible. 7.1. Concurrent Remedy. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by Fair Housing Service Agreement 15 statute or otherwise, and may be enforced concurrently therewith or from time to time. 8. MISCELLANEOUS. 8.1. No Waiver of Default. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 8.2. 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. 8.3. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by CITY Council and signed by all the parties. 8.4. 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. 8.5. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 8.6. Termination of Agreement. CITY reserves the right to terminate this AGREEMENT upon giving CORPORATION notice of intention to terminate at least 30 days prior to the effective date of the termination. CITY shall only convey to CORPORATION funds for work done prior to the effective date of termination. This Agreement may be terminated by any party upon 30 days written notice, served by mail or personal service, to all other parties. Fair Housing Service Agreement 8.7. 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: If directed to CITY, addressed to: City Clerk City of Bakersfield 1600 Truxtun Ave. Bakersfield, CA 93301 If directed to CORPORATION, addressed to: Executive Director Flood Bakersfield Ministries 601 24th Street Suite C Bakersfield, California, 93301 8.8. 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. 8.9. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 8.10. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with CORPORATION or associate in any such relationship with CORPORATION by reason of the provisions of this Agreement. CORPORATION shall not for any purpose be considered an agent, officer or employee of CITY. Fair Housing Service Agreement 17 8.11. Conflicts of Interest. CORPORATION stipulates that corporately, or individually, the firm, its employees and sub -consultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement and funds provided for herein (California Government Code Section 1090). 8.12. Tax Numbers. "CORPORATION's" Federal Tax Identification No. 26-2780103 "CORPORATION" is a corporation? Yes x No (Please check one.) (the remainder of this page intentionally left blank) Fair Housing Service Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written. "CITY" CITY OF BAKERSFIELD KAREN K. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: DEVELOPMENT SERVICES DEPARTMENT JACQUELYN R. KITCHEN Development Services Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Fair Housing Service Agreement HE "CORPORATION" FLOOD BAKERSFIELD MINISTRIES, INC. DIANE CONTRERAS Executive Director SCHEDULE "A" Community Development Block Grant FLOOD BAKERSFIELD MINISTRIES Purpose of Proiect Flood Bakersfield Ministries will implement Emergency Solutions Grant eligible services (Maintenance and Operating Activities) to provide street outreach, supportive services and other assistance. Description CDBG grant funding will be used by Flood Bakersfield Ministries for the eligible activity: 1. Payment of street outreach operations. Street Outreach Operations Flood Bakersfield Ministries will provide activities to locate, identify, and build relationships with unsheltered homeless people, and engage them for the purpose of providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs. Limitations No more than 10% of the operations grant monies shall be used to pay staff costs not related to direct program delivery. Time frame All funds granted to Flood Bakersfield Ministries shall be completely expended within the term of the Agreement. Reporting Reporting for the CDBG grant shall be conducted separately from the Emergency Solutions grant. Exhibit "D" shall be used for reporting. SA- 1 EXHIBIT "A" INVOICING AND BUDGET DETAIL 1. INVOICE PACKAGES. 1.1 No disbursement under this Agreement will be made except (a) after Corporation's Executive Director and Financial Manager(s) attend a Contract Workshop conducted by CITY, and (b), upon receipt of an acceptable "Corporation Payment Request" duly executed by or on behalf of the Corporation. The Corporation must execute all Payment Request forms. A completed Corporation Payment Request form must accompany all invoice packages. All invoice packages shall be submitted to City's Economic and Community Development Department not to exceed one invoice package per month and in the minimum amount of $500.00 except for the final funding draw invoice. Each month's Payment Request shall be for a one calendar month period of time such as July, August, September, etc. Except for the first Payment Request to be processed which may include all months beginning with the new fiscal year of July 1, 2018 and prior to the month ending for the date of the execution of the agreement. The address for submittal is: Development Services Division City of Bakersfield 1715 Chester Avenue, 2nd Floor Bakersfield, CA 93301 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by City that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the Corporation by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Corporation. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations. 1.4 Corporation shall provide proof of payment to City for each invoice submitted for payment under this Grant. If the Corporation is not able to demonstrate proof of payment, City, at its discretion, may not issue a check. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); M 1.5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; 1.5.3 Printed name of the Corporation, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; 1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based; 1.5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider/contractors invoice; and, 1.5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work; 1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement. 1.5.8 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Corporation under the terms of this Agreement; and, 1.5.9 The invoice shall include a calculation of CDBG-eligible programs and activities as a percentage of all programs and activities provided at the senior center. Only the CDBG-eligible share of costs is qualified for reimbursement under this agreement. 1.6 The following items will not be allowed: 1.6.1 Late fees, Gambling Debts, Debts of Board Members, Invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not balance, donations, Bingo game expenses, and expenses related to raffles and any other game of chance. 1.6.2 Proof of payment must be provided with invoice and Corporation payment request. Proof of payment may be a copy of an issued or cancelled check or copy of credit card payment. 1.6.3 Identifying information about Corporation employees or volunteers other than employee or volunteer names. Information such as Social Security numbers and addresses of employees or volunteers should not be included. 1.7 Original signature and date (in ink) of Corporation or its authorized representative on the Corporation Payment Request. 1.8 Final invoice shall be clearly marked `FINAL INVOICE' and be submitted along with supporting documentation within the time as designated within the terms of the agreement. M 2. BUDGET CLAUSE. The amount will not exceed the amount as stated in Section 3 of the Agreement. If funding for any fiscal year is reduced or deleted by the HUD for purposes of the program, City shall have the option to either cancel this Agreement with no liability occurring to City, or offer an Agreement amendment to Corporation to reflect the reduced amount. Updated budget information shall be provided at the request of City. 3. PAYMENT OF COSTS. The Corporation agrees that it will provide for payment of its operating costs and that all costs connected with the facility will be paid by the Corporation on a timely basis. 4. AUDIT DISALLOWANCES. The Corporation agrees it shall return any audit disallowances funding to City. Read and Agreed By: Corporation Name: Date: M CORPORATION PAYMENT REQUEST Grant Funding: Encircle grant type CDBG / ESG Grant Agreement No. Purchase Order No. Payment No. To: City of Bakersfield Attn: Community Development Division Address: 1701 Chester Ave., 2nd Floor Bakersfield, CA 93301 From: Corporation Mailing Address: Grant Agreement Award Amount: $ 71,072 Reimbursement Requested $ Program Income from CDBG $ 1 have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obligations are met and services are being provided to intended clients. Corporation Representative Date Corporation Representative Name (Printed) M CORPORATION PAYMENT REQUEST DISPUTE NOTIFICATION FORM Name of Corporation: Address of Corporation: Date Payment Request Received: Date Payment Request Declined: Reason for Decline/Dispute: Reviewed By: Title: Dated: M EXHIBIT "B" CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. President of the Board Date EXHIBIT "C" DRUG FREE WORKPLACE CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief, that: Corporation, representing the facility known as located at will continue to provide a drug-free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about; (a)The dangers of drug abuse in the workplace; (b)The grantee's policy of maintaining a drug-free workplace; (c)Any available drug counseling, rehabilitation, and employee assistance programs; and, (d)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or C-1 (b)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2,3,4,5, and 6. 8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD). Flood Bakersfield Ministries Executive Director Dated: C-1 EXHIBIT "D" ACTIVITY BENEFICIARY REPORT Facility Name: Service Provider Agency: Reporting Period: Number of Persons Assisted Who Are: RACE/ETHNICTY 1 2 3 Total Number Hispanic or Assisted Total Extremely Very Low Low Persons Female Limited Number Low Income Income with Head -of- English Assisted Income (50% of (80% of Disability Household Proficiency (30% of Median) Median) White Median) Black or African Total Asian AND White American Number of Individuals American AND RACE/ETHNICTY Total Number Hispanic or Total Number Hispanic or Assisted Latino Assisted Latino (unduplicated) (duplicated) undu licated (duplicated) American Indian or Alaskan White Native AND White Black or African Asian AND White American Black or African American AND Asian White American Indian or Alaskan American Indian Native AND or Alaskan Black or African Native American Balance of Native Hawaiian individuals or Other Pacific reporting more Islander than one race Comments: C-1 ADMINISTRATIVE REPORT MEETING DATE: 9/5/2018 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/16/2018 iTiff-11 1.1 SUBJECT: Public hearing to consider a resolution ordering the vacation of the 33 foot by 264 foot alley running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. STAFF RECOMMENDATION: Staff recommends the public hearing be opened and continued until the City Council meeting on September 19, 2018. BACKGROUND: Sage Equities Real Estate has requested the vacation of the 33 foot by 264 foot alley running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. The vacated alley will accommodate a proposed 53 -unit apartment complex at 1818 Q Street. Neighboring property owners will continue to have access through the vacated alley via separate easements that are being processed administratively and outside of this public hearing. The City Fire, Police, Public Works, Development Services, Recreation and Parks, and Technology Services Departments 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 vacated area. There are no City storm drain facilities in the vacated area. A 33 foot wide public utility easement will be reserved, along with access for City services. Other utility companies serving the area have been notified by mail of the request and no objections have been received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of the proposed vacating area. 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 Planning Department on June 4, 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. On August 15, 2018, the City Council approved Resolution of Intention No. 1978, which set the public hearing date of September 5, 2018, for consideration of this vacation. ATTACHMENTS: Description Type D ReSdUdOlrl Resokltblrl D ExhbUk I egaDesadpdoin ExhNt D EkNNtB IMa p ExhNt RESOLUTION NO. A RESOLUTION OF THE COUNCIL TO VACATE THE 33'x 264' ALLEY RUNNING EAST AND WEST, BOUNDED BY 19TH STREET, R STREET, 18TH STREET, AND Q STREET IN BLOCK 253 (WARD 2) WHEREAS, on WEDNESDAY, AUGUST 15, 2018, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, declared its intention to vacate the 33' X 264' alley running east and west, bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253 (Ward 2); and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on September 5, 2018, after notices of said hearing were duly published and posted as required by law; 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, on June 4, 2018, Planning Department found the vacation to be consistent with the Metropolitan Bakersfield General Plan, per local ordinance. 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 is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council orders the vacation of the 33' X 264' alley running east and west, bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253, (more specifically described in Exhibit "A" and illustrated in Exhibit "B", which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California. 4. The City is to reserve a 33 foot Public Utility Easement (PUE) and access for City services over the vacated area of the 33' X 264' alley running east and west, bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. 5. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. 000 --------------- S:\STREET VACATIONS\Wall Street Alley Q-R-18th-19th\Resolution Final Hearing.doc Page 1 of 2 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY 1.2 RICHARD IGER Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" S:\STREET VACATIONS\Wall Street Alley Q-R-18th-19th\Resolution Final Hearing.doc Page 2 of 2 EXHIBIT "A'" LEGAL DESCRIPTION BFING A PORTION 01 - THE WALL STREETALI.FlY, BLOCK 253, ITS "THE CYYY OF BAKERSFAELD, COUNTY OF'KERN, STATE OF CALIFORNIA, ASPER MAP RECORDE"D NOVEMBER 25,1898, IN BOOK 1, PA(.-.jES 13 AND 14 OF MAPS INTFIFI OFFICE OF THE KERN COUNTY RF"CORDER OF SAID COUNTY, MORF PARTICULARLY DESCRIBED AS 1",OLLOWS: COMMENCING ATTHE CENTERLINE IN"I'l.'.`RSEC'I'lON OF 18"' STREET AND "Q" STRI'll-A', "I'l IENCE NORTH 00'00'00"EAST' ALON(j "I"HE CENTERLINF OF SAID -1)" STREET, 156.75 FEE"I", Ti IENCENORTI 189'59'47" EAST, 41.25 F"EETTO THE NORTI ]WESTCORNE.R OFLOT 5 IN SAID 13LOCK 253, SAID POINT ALSO BEANGTI IE TRUE POINTO!"BEGINNING, ,L °1" U I., THENC11' NORTI I 00"00'00" EAST, 33.00I r -so THWES'l CORNF"R 0' LOT IN SAID BLOCK 253; TI IENCE NORTH 89`5947' EAST, ALONG ITIE, SOUTH IANI.,'OF LOTS 4 - I IN SAID BLOCK 253,264.00 FEET `TO A POINT' ONTFIE SOUTI I LINFOF LO'l' I IN SAID BLOCK 253; '1111"'NCE SOUTH 00'00`00" WEST, 33.00 FEET TO A POINT ON'rHE NORTH LINE, Cal' 'LO"I'8 IN SAID, BLOCK 253; THENCE SOUTI-I 89-59-47" WEST, AIONG THE SOUTH LINE, Of-- LOTS 8 - 5 IN SAID BLOCK 253,264,00 FEE-17"I'OTFIF NORTIIWESTCORNER OFLOT5 AND TIIFTRUE POINT OF BEGINNING; RESERVING a nonexclusive easement and Right of Way 1'or public utilities, to lay, construct, operate, maintain, repair, recomi4rLiCt, change the size of or remove pipelines, conduits, cable wires, poles, or any other structures, fixtures or equipment, in, Under, across, over and upon and access l'or city services over the 33 foowide alley of'said Block 253. CON"FAINS: 8712.00 SQIJARF FEA."I' A38iS 4$�J49 00 G. Lii WI CN ui ry cn M U) a ILE") Fn 00 '7 V) uj 00 3 0f 0600 91,99 L A3�JiS W C—) - Lo cz� CY) FIE (Z�C) LLJ 4c rr) Ul Cu 0.9/05/18C.L GEN®A PAC.T PIG 491