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Home My WebLink About09/19/18 CC AGENDA PACKET sA , BAKERSFI ELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 19, 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 following: 1. (Merits) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693/CA Supreme Court Case No. S250565(Formerly Kern County Superior Court Case No. S-1500-CV-281556, KCT, Consolidated with BCV- 16-101556 NFT) 2. (Costs) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F076352 (Formerly Kern County Superior Court Case No. S-1500-CV-281556, KCT, Consolidated with BCV-16-101556 NFT) 3. (Crosswalk) United Citizens for Community Cohesion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV-17- 102648, KCT 4. S. Rodriguez v. City of Bakersfield Kern County Superior Court Case No.: BCV-18-102648, DRL 5. CLOSED SESSION ACTION 6. ADJOURNMENT 09/19/1 CC P C T P 1 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/10/2018 WARD: SUBJECT: Conference with Legal Counsel— Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding the following: 1. (Merits) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693/CA Supreme Court Case No. S250565(Formerly Kern County Superior Court Case No. S-1500-CV-281556, KCT, Consolidated with BCV-16-101556 NFT) 2. (Costs) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F076352 (Formerly Kern County Superior Court Case No. S-1500-CV-281556, KCT, Consolidated with BCV-16-101556 NFT) 3. (Crosswalk) United Citizens for Community Cohesion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV-17- 102648, KCT 4. S. Rodriguez v. City of Bakersfield Kern County Superior Court Case No.: BCV-18-102648, DRL STAFF RECOMMENDATION: BACKGROUND: 09119118 CCAGENDA PACKETPG 2 BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 19, 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 Jennifer Henry, Executive Director of Links for Life, declaring Paint the Town Pink Month in Bakersfield during October 2018. b. 2018 Excellence in Action Awards, Shining Team Achievement Recognition Award, and Extra Mile Award. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Annual California Water Service Company update and general rate case presentation. Staff recommends Council determination. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the September 5, 2018, Regular City Council Meetings. Payments: b. Receive and file department payments from August 24, 2018, to September 6, 2018, in the amount of $20,608,971.80, Self Insurance payments from August 24, 2018, to September 6, 2018, in the amount of$300,374.43, totaling $20,909,346.23. 09/19/1 CC C T 3 Ordinances: Resolutions: C. Resolution adopting an amended conflict of interest code. Ward 6 d. Resolution determining that parts required for two septage processing units located at Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,000. Ward(s) 1,2 e. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1980 adding Area 4-185 (2430 G Street) — Ward 2 2. ROI No. 1981 adding Area 4-186 (1226 L Street) — Ward 2 3. ROI No. 1982 adding Area 4-187 (101 Mt. Vernon Avenue)—Ward 1 Agreements: Ward(s) 1,6 f. Agreement with BC Laboratories, Inc. ($128,812), for laboratory services for the Public Works Department, Wastewater Division. Ward(s) 2 9. Term sheet for the Infrastructure for Rebuilding America (INFRA) Grant. Ward 2 h. Consultant agreement with NV5 (not to exceed $3,778,549.06) for construction management services for the Belle Terrace Operational Improvements Project. i. Amendment No. 1 to Agreement No. 18-022 with Kutak Rock ($180,000; revised not to exceed $380,000) to provide outside legal services in the matter of King and Prows v. City of Bakersfield. j. Amendment No. 2 to Agreement No. 17-007 with Target Specialty Products ($150,000, revised not to exceed $400,000 and extend the term one year), to continue the supply of chemical, insecticides, and herbicides. Ward(s) 2,6, 7 k. Amendment No. 1 to Agreement No. 18-113 with the Pacific Gas and Electric Company for the relocation of electric distribution facilities in conflict with the Bakersfield Freeway Connector Project. I. Amendment No. 11 to Agreement No. 08-179 with Superion LLC. ($260,000; revised not to exceed $2,079,686.99), for annual software maintenance costs. 09119118CCAGENDAPACKETPG 4 M. Recycling amendments: 1. Amendment No. 2 to Agreement No. 18-103 with Metropolitan Recycling Corporation ($130,000; revised not to exceed $800,000) for the acceptance of commingled recyclables. 2. Amendment No. 1 to Agreement PW18-100 with Bakersfield ARC ($40,000; revised not to exceed $250,000)for acceptance of commingled recyclables. 3. Appropriate $880,000 in Refuse Enterprise Fund balance to the Public Works Department's operating budget. Ward 2 n. Contract Change Order No. 1 to Agreement No. 18-069 with Cal Prime, Inc. ($71,937.26; revised not to exceed $2,358,403.26), for the Westpark Sound Wall Project. Ward 5 0. Contract Change Order No. 1 to Agreement No. 18-038 with Insituform Technologies, LLC ($37,774; revised not to exceed $1,965,328), for the construction of the Sewer Rehabilitation In Campus Park Area between Old River Road and Gosford Road Project. Property Acquisition Agreements -TRIP: Ward 2 P. Approval of settlement in Case No. BCV-16-120383 in the amount of $3,631,110. Ward 4 q. West Beltway Project: 1. Agreement with Bolthouse Land Company, LLC ($1,174,740), for the purchase of future right-of- way located south of Stockdale Highway and north of the Cross Valley Canal. 2. Lease agreement with Bolthouse Land Company, LLC. Bids: r. Accept the bid and approve the contract with Gotham Poured Rubber Corporation ($92,280) for the replacement of playground rubberized surfacing at various parks. S. Accept the bid from SHI International ($60,896.55) for Juniper® equipment for the City Manager's Office, Technology Services Division. t. Accept the bid from Boise Mobile Equipment ($375,370.26) for the purchase of two replacement fire patrol units for use by the Fire Department. U. Purchase of CNG powered derrick digger for the Public Works Department, General Services Division: 09119118CCAGENDAPACKETPG 5 1. Accept the bid from Altec Industries, Inc., Dixon, California ($281,155.65), for one additional derrick digger. 2. Appropriate $96,200 in Equipment Management Fund balance to the Public Works Department's operating budget to fund said purchase. V. Purchase of an asphalt patching truck for the Public Works Department, Streets Division: 1. Extend the bid from Gibbs Truck Center, Bakersfield ($221,900.70), for a diesel powered asphalt patching truck. 2. Appropriate $22,000 in Equipment Fund balance to fund said purchase. Ward 5 W. Tevis Ranch Planned Drainage Area Storm Water Lift Station Project: 1. Accept the bid and approve the contract with W.M. Lyles Co. ($869,510)for said project. 2. Appropriate $500,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Program Budget. Ward 2 X 24th Street Operational Improvements Project: 1. Accept the bid and award the contract with Griffith Company($28,186,564)to construct said project. 2. Construction management agreement with NV5, Inc. (not to exceed $2,988,883.74), for construction management services. 3. Amendment No. 4 to Agreement 14-069 with TYLin International ($84,080; revised not to exceed $421,080) for support services during bidding and construction. Y. Four-door police special sedans: 1. Extend the bid from Jim Burke Ford, Bakersfield ($804,314.29) to replace 34 police special sedans for the Police Department. 2. Appropriate $57,057 in Equipment Fund balance to the Public Works Department's operating budget to fund the amount of purchase costs recovered through fleet rental rates for three unbudgeted vehicles. 3. Transfer and appropriate $28,943 in Self-Insurance Fund balance to the Public Works Department's operating budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self-Insurance Fund for three unbudgeted 09119118CCAGENDAPACKETPG 6 vehicles. Miscellaneous: Successor Agency Business: Ward I Z. Sale of surplus real property ($160,000) at the southeast corner of California Avenue and Owens Street to MFT-Five Bakers Limited Partnership. 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 on Block 253. Staff recommends adoption of the resolution. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 09119118CCAGENDAPACKETPG 7 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DATE: 8/24/2018 WARD: SUBJECT: Proclamation to Jennifer Henry, Executive Director of Links for Life, declaring Paint the Town Pink Month in Bakersfield during October 2018. STAFF RECOMMENDATION: BACKGROUND: 09/19/1 CC C T ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 9/4/2018 WARD: SUBJECT: 2018 Excellence in Action Awards, Shining Team Achievement Recognition Award, and Extra Mile Award. STAFF RECOMMENDATION: BACKGROUND: The Employee Incentive Team is pleased to announce the 18th annual Excellence in Action Awards. This ceremony recognizes three types of awards: • Excellence In Action Awards (individuals) • Shining Team Achievement Recognition Award (team) • Extra Mile Award (individual or team) Furthermore, these awards are facilitated through the Employee Incentive Program (EIP), which was created to recognize employee excellence; foster a positive work environment; encourage creativity and innovation; enhance Citywide networking opportunities; and promote positive working relationships through teamwork. Excellence In Action Awards: These awards recognize recipients who exemplify the traits of excellent customer service, leadership by example, willingness to solve problems, and consistently high performance during the past year. The recipients of this year's awards include: Executive: David Berkshire, Christopher Gerry, Matthew Lewis, and Mitchell Smith Finance: Kimmie Gearhart Fire: William Williams Police: Alysen Gelinas, Daniel McClive, and Naomi Vidales Public Works: Jon Milton Recreation and Parks: Ezequiel Sanchez Water Resources: Miguel Chavez and Daniel Talavera 09/19/1 CC C T Shining Team Achievement Recognition Award: The Shining Team /\ChiHVHDlHrt Recognition /\VV8rd recognizes outstanding tH8DlVVOrk and organizational COrthbUtiOn8 during the past year. Recipients consistently work CO||2bOr2Uv8|y to 2C0Ornp|iSh goals while promoting the Spirit Of teamwork for the betterment Of the organization. The recipients of this year's 2vv2nd include: City Clerk's Office: Christopher Gerry, Julie C>rinakiS, C>2ni8||8 K82bOn, Jennifer Obert, Alyssa R8S8nd8z, Lorraine Reza, Lisa Smith, and R282nnCoronado Extra Mile Award: The Extra Mile Award nSCOgniz8S an individual Or team that has gone SUbSt2nU2||y above and beyond their nSqUinSd job dUU8S during the past year. This 2vv2rd is S8|8Ct8d by the City K82n2g8c The recipients of this year's 2vv2nd include: LED Street Light Conversion Team: David B8rkShinS, Sean C2C2|, Olivia Diaz, Jeff Grimes, Georgina LOnSnzi, Peter Martin, Stuart P2MBSOn, K2U8 R88d, and Tom Webster Finally, thank you tOthe Employee Incentive Team for your hard work and dedication for facilitating this 2vv2rd ceremony and the many other 8mp|Oy88 nSCOgniUOn activities that occur throughout the year. 09119118 CCAGENDA PACKETPG 10 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 8/7/2018 WARD: SUBJECT: Annual California Water Service Company update and general rate case presentation. STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: The California Water Service Company's (Cal Water's) current franchise agreement with the City requires Cal Water to provide the City Council with a presentation regarding the operation of Cal Water's Bakersfield system no less than once a year. In addition, information relating to a Cal Water general rate case filing shall also be presented to the City Council, when applicable. As such, Cal Water representatives will be on hand to provide the City Council with the required annual update presentation. In addition, Cal Water will provide information related to the recent filing of their "Infrastructure Improvement Plan" (general rate case - attached) with the California Public Utilities Commission (CPUC). As a reminder, a general rate case is a lengthy CPUC process, which ultimately sets future Cal Water revenue requirements and subsequent rates for a three-year period (i.e., 2020, 2021, and 2022). ATTACHMENTS: Description Type D Geirn&ra. Rate Case fl iiir g Ba.ckUup IMateirla. D PoweirP6intIpireav>entatiion Pireav>entatiion D C: tyof Balkeirsflleld Water PUiveyoir irna p Ba.ckUup IMateirla. 09/19/1 CC C T 11 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of CALIFORNIA WATER SERVICE COMPANY (U-60-W), a California corporation, for an order (1) authorizing it to increase rates for water service by$50,673,500 or 7.6% in test year 2020, (2) authorizing it to increase rates on January 1, 2021 by$31,461,900 or 4.4% Application 18-07-001 and on January 1, 2022 $33,000,700 or 4.4% in accordance Filed July 2, 2018 with the Rate Case Plan, and (3) adopting other related rulings and relief necessary to implement the Commission's ratemaking policies. NOTICE OF AVAILABILITY OF APPLICATION FILED BY CALIFORNIA WATER SERVICE COMPANY (U 60 W) FOR INFRASTRUCTURE IMPROVEMENT PLAN GENERAL RATE CASE On July 2, 2018, California Water Service Company("Cal Water") filed its General Rate Case Application (or"Infrastructure Improvement Plan")with the California Public Utilities Commission ("Commission"). Cal Water amended its application on July 16, 2018. Water rates adopted as a result of this application will not go into effect until January 1, 2020. You are receiving this notification pursuant to Rule 3.2 of the Commission's Rules of Practice and Procedure, which requires that: (b) Applicants for authority to increase rates shall, within 20 days after filing the application with the Commission, serve notice to the following stating in general terms the proposed increases in rates or fares: (1) the Attorney General and the Department of General Services, when the State is a customer or subscriber whose rates or fares would be affected by the proposed increase; (2) the County Counsel (or District Attorney if the county has no County Counsel) and County Clerk, and the City Attorney and City Clerk, listed in the current Roster published by the Secretary of State in each county and city in which the proposed increase is to be made effective; and (3) any other persons whom applicant deems appropriate or as may be required by the Commission.' 'http://docs.cpuc.ca.gov/Published Docs/Published/G000/M209/K618/209618807.PDF 09/19/1 CC C T 12 In its Application, Cal Water is seeking general increases in rates in its existing and proposed ratemaking areas as shown in the following table: 2018 GRC Proposed Revenue Increases (with new ratemaking areas) 2020 2020 2$$1 2021 2$$2 2022 Official District/Region $$ Increase Increase Increase (000's) Increase (000's) Increase (000's) Increase Bakersfield (BKD) $5,088.0 6.5% $3,378.0 4.1% $3,763.7 4.4% Bay Area Region (BAR) (consists of Bayshore + $9,325.8 10.8% $3,194.7 3.3% $3,141.7 3.2% Redwood Valley) Bear Gulch (BG) $4,546.2 8.3% $4,777.6 8.1% $4,836.2 7.6% Proposed Consolidation of Dixon and Stockton into the Central Region $8,505.1 15.9% $3,168.5 5.1% $3,328.4 5.1% (CEN) Chico (CHI) $3,584.0 15.2% $991.0 3.6% $1,099.5 3.9% Dominguez (DOM) $509.0 0.7% $2,202.2 3.0% $2,403.5 3.2% East Los Angeles (ELA) $2,586.2 7.1% $1,265.6 3.2% $1,326.0 3.3% Hermosa Redondo (HR) $2,280.5 7.4% $868.2 2.6% $933.0 2.8% Kern River Valley (KRV) $796.0 12.2% $327.4 4.5% $349.9 4.6% Livermore (LIV) $693.0 2.8% $1,076.1 4.3% $1,053.4 4.0% Los Altos (LAS) $1,474.3 3.7% $2,076.5 5.1% $2,125.1 4.9% Los Angeles Co. Region (LAR) (consists of Antelope Valley+ Palos $5,328.4 10.3% $1,060.1 1.9% $1,211.1 2.1% Verdes) Marysville (MRL) $410.4 10.6% $115.4 2.7% $130.9 3.0% Monterey Region (MOR) (or "Salinas Valley Regionli (SVR)) (consists $1,632.8 4.4% $2,730.5 7.0% $2,826.8 6.8% of King City+ Salinas) Oroville (ORO) $511.1 9.9% $161.1 2.8% $182.0 3.1% Selma (SEL) $633.0 11.6% $254.4 4.2% $250.1 3.9% Visalia (VIS) $1,512.8 5.1% $1,772.0 5.7% $1,902.0 5.8% Westlake (WLK) $731.8 3.7% $212.9 1.0% $288.3 1.4% Willows (WIL) $810.9 33.2% $257.9 7.9% $269.5 7.7% Proposed Travis District (would consist of areas ($285.7) -15.3% $1,571.6 99.4% $1,579.5 50.1% in Travis AFB) Total $50,673.5 7.6% $31,461.9 4.4% $33,000.7 4.4% 09/19/1 CC C T 13 2018 GRC Revenue Increases for Stand-Alone Districts(without consolidation) 2020 2020 2021 2021 2022 2022 For Informational $$ $$ Purposes Only $$ Increase � Increase / Increase (000's) Increase (000's) Increase (000's) Increase Dixon (DIX) $1,879.5 57.0% $61.7 1.2% $77.9 1.5% Stockton (STK) $6,630.5 13.2% $3,107.4 5.5% $3,260.8 5.4% This Notice is to inform you that that you may obtain the application and associated public attachments at https://www.calwater.com/rates/iip-2018/(see "Legal Documents") or by contacting Natalie Wales at RatesHelp@calwater.com or 408-367-8566. 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O rn N W O O v,. �� l Q O F— F✓ ¢ n Mf I,Ia�: W U U U w 0 Z 0 N > 0 1 U' V w y N Ha' �,p� Y' ¢gyp C t ' Q p D 0 I'M 3 ° a ...._...... .. e cc r uuuu uu I �� n VVu�V�VVV �mm r riuv"i'll iii i ililiuuuuuuu i uuuu uuuuuu a ui uu I pu cc 1 a i li uuuuuuuuuuuuuuuumuuiiiiummuum uuu u I II I ... uuuuumii ° w.wll��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 u �� q 0 CY e b ONLUM IDN1100 IV L (330 I O et Ihior, 09/19/18 CC AGENDA PACKET PG 23 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry,Acting City Clerk DATE: 6/4/2018 WARD: SUBJECT: Approval of minutes of the September 5, 2018, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description Type D Wrl es Ba.ckUu IMateirla. 09/19/1 CCAGENDA PACKETPG2 'BA Q�NCo�� . BAKERSFIELD CITY COUNCIL U d MINUTES fL MEETING OF SEPTEMBER 5, 2018 cALIF � Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING- 3:30 PM ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Vice-Mayor Smith, Councilmembers Rivera, Gonzales (seated at 3:32 p.m.), Weir, Freeman, Sullivan (seated at 3:32 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding 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). Motion by Vice-Mayor Smith to adjourn to Closed APPROVED Session at 3:31 p.m. The Closed Session meeting was adjourned at 4:56 p.m. Meeting reconvened at 5:03 p.m. 09119118 CCAGENDA PACKETPG2 Bakersfield, California, September 5, 2018 - Page 2 5. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel — Existing STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION BYA Government Code section 54956.9(d)(1) UNANIMOUS regarding The Estate of Jason Alderman, et al. MOTION v. City of Bakersfield, et al. USDC Case No. 1:16- CV-00994-DAD-JLT b. Conference with Legal Counsel — Potential STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION BY A Government Code section 54956.9(d)(2),(e)(1) MAJORITY VOTE (one matter). 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:04 p.m. REGULAR MEETING-5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice-Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None 2. INVOCATION by Pastor Larry Black, Pastor of Dominion Worship Center. 3. PLEDGE OF ALLEGIANCE by Celine Martinez Salgado and Edneishia Tucker, Seniors at West High School. 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. Ms. McGauley accepted the proclamation and made comments. 09119118 CCAGENDA PACKETPG2 Bakersfield, California, September 5, 2018 - Page 3 4. PRESENTATIONS continued ACTION TAKEN 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. Councilmember Parlier made comments. Ms. Ortiz accepted the certificates and made comments. C. Proclamation to KC the Bull and Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 19 - 30, 2018, Kern County Fair Days. Mr. Olcott accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Pedro Ramirez spoke in support of water conservation. b. Marvin Dean expressed concern regarding trash, debris, and burned buildings in Ward 1 and asked Councilmember Rivera for his help in addressing this issue; and submitted a photograph. C. Cathy Butler, Executive Director of the Downtown Bakersfield Development Corporation, announced Eye Street will be closed for two upcoming events: the Portrait of a Warrior Gallery grand opening on September 10th; and the 6th annual Taste of Downtown on September 13th; and submitted written material. d. Cindy Parra, Chair of Golden Empire Transit District Board, and Karen King, CEO of Golden Empire Transit District, announced it is G.E.T.'s 45th anniversary this year; provided an update on plans for the future; and submitted written material. 09/19/1 CCAGENDA PACKETPG27 Bakersfield, California, September 5, 2018 - Page 4 6. WORKSHOPS ACTION TAKEN a. City Recycling Program update. Public Works Director Fidler made staff comments. Solid Waste Director Barnes made staff comments and provided a PowerPoint presentation. Motion by Vice-Mayor Smith to receive and file APPROVED the report. b. Advocacy rules regarding the local tax measure. City Attorney Gennaro made staff comments and provided a PowerPoint presentation. Motion by Councilmember Weir to direct staff to APPROVED disseminate the information contained in the presentation and any other information that would be appropriate, to all Management, Department Heads, and Supervisorial personnel, with questions to be directed to the City Attorney's Office. Motion by Councilmember Weir that the City FAILED Manager's Office and the City Attorney's Office NOES RIVERA, be invited to participate in any and all GONZALES, SMITH, meetings, conferences, discussions, FREEMAN communications, or other activities regarding ABS PARLIER any Measure on the November 6th ballot of importance to the City. Motion by Councilmember Weir to direct the City Manager's Office and City Attorney's Office APPROVED to review the City website and any other City digital media, currently, and on as-needed basis, to ensure the City communications are consistent with the information that was presented this evening. 09/19/1 CCAGENDA PACKETPG2 Bakersfield, California, September 5, 2018 - Page 5 6. WORKSHOPS ACTION TAKEN ITEM 6.b.CONTINUED Councilmember Weir referred City staff to respond to the following questions regarding the tax measure: 1) why does the City needs another consultant and specifically why this consultant, 2) exactly what the consultant will be doing that City staff cannot do themselves, and 3) since the City is limited to presenting factual information and City staff possesses such information, why is a consultant needed to assist with the message. Motion by Vice-Mayor Smith to receive and file APPROVED the report. Mayor Goh recessed the meeting at 6:51 p.m. and reconvened the meeting at 7:00 p.m. 7. APPOINTMENTS None. 8. CONSENT CALENDAR 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 ORD 4943 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating to landscaping. (FR 08/15/18) 09119118 CCAGENDA PACKETPG2 Bakersfield, California, September 5, 2018 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution confirming approval by the City RES 119-18 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris, and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. e. Resolution determining that Sulfa Treat, an RES 120-18 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 REMOVED FOR Supply and Water Quality Act of 2018). SEPARATE CONSIDERATION g. Resolution to authorize a memorandum of RES 122-18 AGR 18-137 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. h. Resolution to add Area 5-97 (4609 and 4619 RES 123-18 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 RES 064-18(1) setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Agreements: j. Agreement with AEG and Keith Barnes dba KB AGR 18-138 Concessions for the operation of concession stands at Valley Children's Ice Center of Bakersfield and the McMurtrey Aquatic Center. 09/19/1 CC C T 30 Bakersfield, California, September 5, 2018 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN k. Final map and improvement agreement with AGR 18-139 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, AGR 18-140 LLC, for the installation of wireless communication equipment on City street lights. M. Utility agreement with Pacific Gas and Electric AGR 18-141 Company ($1,262,560) for the relocation of electric distribution facilities in conflict with the Centennial Corridor, Phase 4 Project (mainline). n. Amendment No.l to Agreement No. 18-055 AGR 18-055(1) 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. o. Contract Change Order No. 14 (final close-out) AGR 15-260 to Agreement No. 15-260 with Security Paving CCO 14 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. P. Contract Change Order No. 2 to Agreement AGR 17-044 No. 17-044 with Security Paving Company CCO 2 ($333,675.45 revised not to exceed $41,615,204.89) for the Kern River Bridge Improvement Project. q. Contract Change Order Nos. 6 and 7 to AGR 17-206 Agreement No. 17-206 with Cal Prime, Inc. CCO 6, CCO 7 ($86,118.00; revised not to exceed $1,991,114.06), for the Westpark Street Improvements Project. r. Contract Change Order Nos. 12, 13, and 15 to AGR 17-171 Agreement No. 17-171 with Granite CCO 12, CCO 13 Construction Company ($359,012.01; revised CCO 15 not to exceed $7,798,114.04) for the Truxtun Avenue Operational Improvements. 09/19/1 CC C T 31 Bakersfield, California, September 5, 2018 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN S. Contract Change Order No. 2 to Agreement AGR 17-154 No. 17-154 with Stockbridge General CCO 2 Contracting, Inc. ($90,419.80; revised not to exceed $2,199,306.49), for the Bakersfield Sports Village Phase III Soccer Stadium Improvements Project. Property Acquisition Agreements - TRIP: Bids: 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. U. Sewer Lift Station at Hosking Avenue and Akers Road Project: 1. Accept base bid and selective bid AGR 18-142 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). 09/19/1 CC C T 32 Bakersfield, California, September 5, 2018 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN V. Wastewater Treatment Plant No. 3 Primary Clarifiers 6 and 8 Rehabilitation Project: 1. Accept base bid plus selective bid AGR 18-143 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. W. Water Resource Office Building Expansion: 1. Accept the bid and award the contract AGR 18-144 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 AGR 18-145 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. 09/19/1 CC C T 33 Bakersfield, California, September 5, 2018 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.y.CONTINUED 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 AGR 18-146 Ministries for $71,072 in Community Development Block Grant Funds (CDBG) to perform homeless outreach services throughout Bakersfield. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.f., providing additional background material related to the resolution; an additional staff memorandum was received regarding item 8.f., transmitting correspondence from Dennis Fox; and item 8.s. was removed from the agenda at the request of staff. Councilmember Freeman requested item 8.f. be removed for separate consideration. Motion by Vice-Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.y., with the removal of items 8.s., and the removal of item 8.f. for separate consideration. f. Resolution in support of Proposition 3 (Water Supply and Water Quality Act of 2018). Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.f. NOES WEIR, FREEMAN, SULLIVAN 9. CONSENT CALENDAR PUBLIC HEARINGS None. 09/19/1 CC C T 3 Bakersfield, California, September 5, 2018 - Page 11 10. HEARINGS ACTION TAKEN a. Public Hearing to consider a resolution ordering CONTINUED TO THE the vacation of the 33' x 264' alley running east SEPTEMBER 19TH and west and bounded by 19th Street, R Street, MEETING 18th Street, and Q Street in Block 253. Vice-Mayor Smith announced that he would abstain, due to a conflict of interest, on item 10.a., and left the chambers. Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 7:11 p.m. No one spoke. Mayor Goh announced Hearing item 10.a. will be continued to the September 19th meeting. Vice-Mayor Smith returned to the meeting at this time. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice-Mayor Smith requested the Planning and Development Committee discuss accessory dwelling units at an upcoming meeting. Councilmember Freeman requested staff explore how comparable cities in Ca1PERS are meeting the challenge of providing services and if they are providing any creative solutions to meet these challenges. Councilmember Gonzales requested staff review the possibility of amending the municipal code to prevent pedestrians from occupying and loitering in public medians. 09/19/1 CC C T 3 Bakersfield, California, September 5, 2018 - Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Goh thanked staff for their effort with the recent clean-up of 35 encampments along the river. Mayor Goh thanked Police Chief Martin, staff, and residents for their participation in a community meeting held at Compassion Christian Church. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:16 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 09/19/1 CC C T 3 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent- Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 8/3/2018 WARD: SUBJECT: Receive and file department payments from August 24, 2018, to September 6, 2018, in the amount of $20,608,971.80, Self Insurance payments from August 24, 2018, to September 6, 2018, in the amount of$300,374.43, totaling $20,909,346.23. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description Type D 1.../kP Check Regi'isteir//°.rain 09...19....a'0,18 Ba.ckUup IMateirila. D .a...E/kP Check Regilsteir/kdirNin 09...'19 20,18 Ba.ckUup IMateirila. 09/19/1 CC C T 37 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679443 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $200.00 679444 70441 BOARD OF STATE&COMM CORRECTIONS Aug 24,2018 $88,330.00 679445 22817 BORN AGAIN BODYWORKS Aug 24,2018 $2,304.41 679446 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $98.00 679447 10047 MISC RECEIVABLE REFUND VENDOR Aug 24,2018 $79.95 679448 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $342.00 679449 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $101.00 679450 10047 MISC RECEIVABLE REFUND VENDOR Aug 24,2018 $60.00 679451 10047 MISC RECEIVABLE REFUND VENDOR Aug 24,2018 $5.00 679452 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $573.00 679453 27493 MENJIVAR,SERGIO Aug 24,2018 $5,540.00 679454 29655 P&A ADMINISTRATION SERVICES INC Aug 24,2018 $4,155.24 679455 29655 P&A ADMINISTRATION SERVICES INC Aug 24,2018 $155.40 679456 10047 MISC RECEIVABLE REFUND VENDOR Aug 24,2018 $5.00 679457 10037 MISCELLANEOUS TRUST VENDOR Aug 24,2018 $209.99 679458 4550 K C S O S Aug 24,2018 $1,358,757.93 679459 10196 KERN COUNTY D A'S OFFICE Aug 24,2018 $17,500.00 679460 6114 PACIFIC GAS&ELECTRIC COMPANY Aug 24,2018 $142,036.50 679461 22067 ROMERO,ELOY Aug 24,2018 $106.17 679462 10204 ASSOCIATION BKFD POLICE OFFICER FCU Aug 24,2018 $15,170.70 679463 10211 BAKERSFIELD FIREMEN Aug 24,2018 $9,474.01 679464 10200 BAKERSFIELD FIREMEN RELIEF ASS Aug 24,2018 $8,187.83 679465 10203 BAKERSFIELD POLICE BENEFIT Aug 24,2018 $25,674.96 679466 10205 MUTUAL BENEFIT ASSOCIATION Aug 24,2018 $2,103.37 679467 26810 RELIASTAR LIFE INSURANCE CO Aug 24,2018 $1,826.27 679468 22324 SEIU LOCAL 521 Aug 24,2018 $14,968.03 679469 28 A C ELECTRIC COMPANY Aug 30,2018 $2,476.00 679470 22346 ABACUS I M T INC Aug 30,2018 $4,882.41 679471 20576 ACTION GLASS INC Aug 30,2018 $3,310.74 679472 15433 ADVANCE MOBILE SECURITY Aug 30,2018 $1,597.19 679473 25365 AECOM TECHNICAL SERVICES INC Aug 30,2018 $2,609.21 679474 17100 AEROS ENVIRONMENTAL INC Aug 30,2018 $435.00 679475 12128 ALERT ALL CORPORATION Aug 30,2018 $1,486.75 679476 19496 ALL PRO CLEANING SERVICE Aug 30,2018 $1,460.00 679477 160 ALL THAT LETTERING SIGN COMPNY Aug 30,2018 $200.00 679478 451 ALLIANCE AGAINST FAMILY VIOL Aug 30,2018 $3,760.60 679479 23588 ALUMINUM CHUCK WAGON Aug 30,2018 $5,132.34 679480 29967 ANGELONI,MICHAEL Aug 30,2018 $49.00 679481 17305 ANTE,DAVID Aug 30,2018 $107.20 679482 29959 ARAIZA,JOSE VALDEZ Aug 30,2018 $85.79 679483 20521 ARIES INDUSTRIES INC Aug 30,2018 $356.35 679484 29945 AXON ENTERPRISE INC Aug 30,2018 $26,173.29 679485 13028 B&H PHOTO VIDEO INC Aug 30,2018 $820.26 679486 25940 BACA,ANTHONY Aug 30,2018 $126.00 679487 13544 BAKERSFIELD ARC Aug 30,2018 $96.25 679488 675 BAKERSFIELD CALIFORNIAN Aug 30,2018 $4,176.77 679489 18846 BAKERSFIELD CHRYSLER JEEP MAZDA Aug 30,2018 $135.00 679490 29513 BAKERSFIELD RACK&SHELVING INC Aug 30,2018 $1,251.61 679491 850 BAKERSFIELD SENIOR CENTER Aug 30,2018 $1,998.00 679492 875 BAKERSFIELD TRUCK CENTER Aug 30,2018 $145.96 679493 877 BAKERSFIELD WELL&PUMP Aug 30,2018 $82,272.96 679494 13424 BARNES WELDING SUPPLY Aug 30,2018 $2,031.32 679495 945 BARNETT'S TOWING SERVICE INC Aug 30,2018 $70.00 679496 20234 BARTHELMES,DEAN Aug 30,2018 $49.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679497 306 BEARCAT MFG INC Aug 30,2018 $170.82 679498 1069 BETHANY SERVICES Aug 30,2018 $14,109.14 679499 23444 BILLINGSLEY,MATTHEW Aug 30,2018 $185.00 679500 15538 BOLLES NURSERY LANDSCAPE Aug 30,2018 $456.86 679501 25952 BONANDER FEATHERLITE INC Aug 30,2018 $107.20 679502 22817 BORN AGAIN BODYWORKS Aug 30,2018 $2,060.67 679503 10351 BOWMAN ASPHALT Aug 30,2018 $163,414.68 679504 1249 BRANDCO Aug 30,2018 $614.45 679505 29981 BRAUGHTON,TRISTAN Aug 30,2018 $49.00 679506 19303 BRIGHT HOUSE NETWORKS Aug 30,2018 $114.98 679507 1271 BROCKS TRAILER Aug 30,2018 $891.00 679508 685 BROWN AND FOWLER CONSTRUCTION Aug 30,2018 $84,892.00 679509 10267 BUDGET BOLT INC Aug 30,2018 $237.01 679510 23090 BURTONS FIRE INC Aug 30,2018 $169.92 679511 1477 CAL VALLEY EQUIPMENT INC Aug 30,2018 $510.00 679512 1495 CALGON CARBON CORPORATION Aug 30,2018 $81,027.98 679513 29195 CALIFORNIA STATE UNIV-STANISLAUS Aug 30,2018 $2,072.18 679514 1724 CALPLY LLC Aug 30,2018 $39.59 679515 27476 CARTER,ADELINA Aug 30,2018 $20.00 679516 27150 CASEWARE INTERNATIONAL INC Aug 30,2018 $8,175.00 679517 29125 CASTORELA,JAVIER Aug 30,2018 $125.00 679518 16928 CECIL,JEFF Aug 30,2018 $130.00 679519 19617 CELEDON,NICK Aug 30,2018 $112.61 679520 27074 CEN-CAL CONSTRUCTION INC Aug 30,2018 $260.00 679521 16974 CERTEX WEST USA INC Aug 30,2018 $294.98 679522 1888 CHAMPION HARDWARE Aug 30,2018 $1,113.61 679523 1924 CHESTER AVENUE BRAKE&SUPPLY Aug 30,2018 $689.16 679524 2050 CLIFFORD&BROWN Aug 30,2018 $21,755.00 679525 11167 COLES ENVIRONMENTAL Aug 30,2018 $570.00 679526 27509 CONTRERAS,ANGEL Aug 30,2018 $42.00 679527 26687 CONTRERAS,GUADALUPE Aug 30,2018 $49.00 679528 2229 COX, HAYWARD Aug 30,2018 $20.00 679529 10285 CRIDER CONSTRUCTION INC Aug 30,2018 $12,362.75 679530 29606 CRUZ,NICOLAS Aug 30,2018 $125.00 679531 22374 CSI SERVICES INC Aug 30,2018 $5,552.00 679532 27218 CUMMINS PACIFIC LLC Aug 30,2018 $2,169.79 679533 25337 DAVES FLEET MAINT&TOWING INC Aug 30,2018 $105.00 679534 4140 DAVID JANES COMPANY Aug 30,2018 $9.28 679535 25961 DELANEY MANUFACTURING INC Aug 30,2018 $3,622.91 679536 11271 DEPARTMENT OF TRANSPORTATION Aug 30,2018 $17,768.40 679537 29970 DOMINGUEZ,FRANCISCO Aug 30,2018 $49.00 679538 24651 DRAKE CONTROLS LLC Aug 30,2018 $3,162.04 679539 20062 ECOLINE INDUSTRIAL SUPPLY Aug 30,2018 $2,471.04 679540 2752 ELBERT DISTRIBUTING Aug 30,2018 $459.16 679541 27467 EMERGENCY VEHICLE OUTFITTERS Aug 30,2018 $187.69 679542 2811 ENTENMANN ROVIN CO Aug 30,2018 $252.27 679543 2821 ERIE LANDMARK COMPANY Aug 30,2018 $190.00 679544 23720 ERNEST PACKING SOLUTIONS INC Aug 30,2018 $1,430.98 679545 29971 ESTES,VICTORIA Aug 30,2018 $49.00 679546 29656 FATPIPE NETWORKS Aug 30,2018 $9,999.00 679547 2901 FEDEX Aug 30,2018 $274.97 679548 377 FIRETECH INSPECTION SERVICE Aug 30,2018 $245.00 679549 19657 FIRST CHOICE SERVICES INC Aug 30,2018 $341.62 679550 25339 FLEET SERVICES TOWING INC Aug 30,2018 $35.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACKET PG 39 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679551 26311 FLOWERS,MARTY Aug 30,2018 $63.00 679552 3028 FLOYDS GENERAL STORE Aug 30,2018 $174.67 679553 26037 FOSTER,JOHNNY Aug 30,2018 $125.00 679554 29826 FWD MG INC Aug 30,2018 $90.09 679555 18976 GARCIA,JUAN J Aug 30,2018 $32.16 679556 28064 GENERAL TREE SERVICE INC Aug 30,2018 $6,914.00 679557 29928 GOLDEN STAR TECHNOLOGY Aug 30,2018 $10,081.54 679558 3403 GOLDEN STATE PETERBILT Aug 30,2018 $845.94 679559 3450 GRANITE CONSTRUCTION INC Aug 30,2018 $44,546.20 679560 3452 GRAYBAR ELECTRIC COMPANY Aug 30,2018 $2,479.61 679561 24247 GREGS PETROLEUM SERVICES INC Aug 30,2018 $1,548.28 679562 24693 GRUBBS,JOSH Aug 30,2018 $63.00 679563 29972 GUARDADO,ALAN Aug 30,2018 $49.00 679564 29973 GUITERREZ,JUAN Aug 30,2018 $49.00 679565 3537 GUNDLACH PLUMBING AIR GOND INC Aug 30,2018 $365.27 679566 24139 GUTIERREZ TIRE&WHEEL INC Aug 30,2018 $2,447.00 679567 26765 GUZMAN,MIGUEL Aug 30,2018 $125.00 679568 29974 HACKLEMAN,RAYMOND Aug 30,2018 $49.00 679569 162 HADDAD DODGE Aug 30,2018 $284.17 679570 3593 HALL LETTER SHOP Aug 30,2018 $611.25 679571 3660 HARBOR FREIGHT TOOLS Aug 30,2018 $150.97 679572 29975 HEINSOHN,JACOB Aug 30,2018 $49.00 679573 10355 HERO RENTALS INC Aug 30,2018 $172.89 679574 29978 HERNANDEZ,FRANCISCO MORALES Aug 30,2018 $49.00 679575 29960 HERNANDEZ,JULIAN Aug 30,2018 $86.86 679576 29915 HERWALDT MOTORSPORTS Aug 30,2018 $1,055.02 679577 26186 HUBER TECHNOLOGY INC Aug 30,2018 $8,569.28 679578 20953 IACOPETTI,BRETT Aug 30,2018 $75.06 679579 29747 IBARRA,RAY Aug 30,2018 $63.00 679580 27898 IES ENGINEERING Aug 30,2018 $668.00 679581 3969 INSTANT STORAGE Aug 30,2018 $100.98 679582 26387 JIM BURKE FORD-EQ Aug 30,2018 $29,017.73 679583 11780 JIMENEZ,MARIO Aug 30,2018 $125.00 679584 26622 JOHNSON CONTROLS SECURITY SOLUTIONS Aug 30,2018 $836.95 679585 28989 K&I SERVICES INC Aug 30,2018 $11,920.00 679586 19554 K&R TOWING Aug 30,2018 $105.00 679587 4550 K C S O S Aug 30,2018 $1,930.55 679588 26044 KENNEDY,AARON Aug 30,2018 $236.00 679589 4380 KERN ASPHALT PAVING&SEALING Aug 30,2018 $4,000.00 679590 4581 KERN ELECTRIC DISTRIBUTORS Aug 30,2018 $1,509.61 679591 25735 KERN MASONRY STRUCTURES INC Aug 30,2018 $96.00 679592 4680 KERN RIVER POWER EQUIPMENT INC Aug 30,2018 $467.69 679593 4701 KERN SPRINKLER LANDSCAPING INC Aug 30,2018 $22,542.00 679594 4861 KISCO SALES INC Aug 30,2018 $1,046.86 679595 4277 KME FIRE APPARATUS Aug 30,2018 $106.55 679596 4875 KNIGHTS PUMPING&PORTABLE SVC INC Aug 30,2018 $84.87 679597 12552 KURB KUT Aug 30,2018 $1,230.00 679598 29055 LA ROSA FRUIT BARS&ICE CREAM INC Aug 30,2018 $144.00 679599 29268 LAWSON PRODUCTS INC Aug 30,2018 $971.51 679600 29976 LAWSON,PETER Aug 30,2018 $49.00 679601 22408 LEHR AUTO ELECTRIC Aug 30,2018 $1,417.77 679602 29977 LOERA,ANGEL Aug 30,2018 $49.00 679603 23679 LOPEZ,JOSE BALLESTERO Aug 30,2018 $125.00 679604 29394 LOZANO,ROGELIO Aug 30,2018 $125.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679605 23771 MEDINA,ERNIE Aug 30,2018 $110.98 679606 7064 MERCHANTS PRINTING&ENVELOPE Aug 30,2018 $667.10 679607 19252 MEYER CIVIL ENGINEERING INC Aug 30,2018 $412.50 679608 1316 MICHELIN NORTH AMERICA INC Aug 30,2018 $638.67 679609 27731 MILLER,JEFFERY Aug 30,2018 $125.00 679610 19168 MMI SERVICES INC Aug 30,2018 $1,460.00 679611 18631 MONTANIO,MICHAEL L Aug 30,2018 $125.00 679612 17819 MOORE,LISA Aug 30,2018 $203.00 679613 29969 MORALES,VICTOR CORONADO Aug 30,2018 $49.00 679614 885 MSC INDUSTRIAL SUPPLY CO INC Aug 30,2018 $10.14 679615 20361 NOSSAMAN LLP Aug 30,2018 $847.50 679616 6448 P T 0 SALES CORP/TRUCKPRO LLC Aug 30,2018 $182.73 679617 14088 PACIFIC GAS&ELECTRIC Aug 30,2018 $2,500.00 679618 6119 PACIFIC MECHANICAL Aug 30,2018 $1,056.92 679619 26716 PADILLA,DANIEL Aug 30,2018 $116.00 679620 29961 PAGATPATAN,EDWARD Aug 30,2018 $125.00 679621 17052 PAQUETTE,DAVID Aug 30,2018 $149.82 679622 13209 PARKHOUSE TIRE INC Aug 30,2018 $575.81 679623 20828 PARSONS TRANSPORTATION GROUP INC Aug 30,2018 $3,399.64 679624 27742 PATRICK T PAW&CAROLINE M WONG Aug 30,2018 $570.52 679625 24029 PAYLESS TOWING Aug 30,2018 $105.00 679626 28135 PEEK,LUCAS Aug 30,2018 $125.00 679627 27377 PERALTA,MYNOR Aug 30,2018 $125.00 679628 29979 PEREZ,JASON Aug 30,2018 $49.00 679629 22381 PEREZ,MIGUEL Aug 30,2018 $88.70 679630 25424 PET WASTE ELIMINATOR Aug 30,2018 $800.00 679631 29384 PETERSON PACIFIC CORPORATION Aug 30,2018 $3,296.27 679632 29637 PINNACLE PETROLEUM INC Aug 30,2018 $78,486.25 679633 6376 PIONEER PAINT Aug 30,2018 $1,400.93 679634 27911 PORTERVILLE FORD Aug 30,2018 $771.43 679635 28703 PORWOLL,AMY Aug 30,2018 $49.00 679636 28567 PRESORT CENTER OF FRESNO LLC Aug 30,2018 $443.51 679637 29980 PRICE,BRANDON Aug 30,2018 $49.00 679638 13167 PRONOVOST,GREGORY Aug 30,2018 $236.00 679639 25313 R&A UPHOLSTERY Aug 30,2018 $770.00 679640 21243 RAMIREZ, FRANCISCO J Aug 30,2018 $125.00 679641 20713 RANDY'S TOWING Aug 30,2018 $288.75 679642 3249 RAY GASKIN SERVICE INC Aug 30,2018 $1,919.59 679643 6682 RAYMONDS TROPHY AND AWARDS Aug 30,2018 $1,741.74 679644 6727 REFRIGERATION SUPPLIES DIST. INC Aug 30,2018 $1,341.34 679645 24794 REIS,SEAN P. Aug 30,2018 $107.24 679646 22196 RESOURCE MACHINERY&ENGINEERING Aug 30,2018 $2,694.66 679647 28837 RICHARDS CRANE SERVICE LLC Aug 30,2018 $386.59 679648 29257 RIVERA,FRANCISCO Aug 30,2018 $63.00 679649 29958 RODRIGUEZ,ROBERT Aug 30,2018 $125.00 679650 29962 ROMERO,RYAN Aug 30,2018 $125.00 679651 6915 ROUND-UP FEED AND PET SUPPLY Aug 30,2018 $576.89 679652 16692 ROY,MATTHEW Aug 30,2018 $49.00 679653 1520 ROYAL INDUSTRIAL SOLUTIONS Aug 30,2018 $465.62 679654 23185 RUBIO,ROSA MARIA Aug 30,2018 $125.00 679655 22935 RUIZ,JESSE Aug 30,2018 $125.00 679656 23502 SANCHEZ,EZEQUIEL Aug 30,2018 $117.96 679657 29931 SANDOVAL,ANGEL ESPINOZA Aug 30,2018 $63.00 679658 28226 SENTRY CONTROL SYSTEMS Aug 30,2018 $25,612.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACKET PG 41 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679659 21782 SGS TESTCOM Aug 30,2018 $5.32 679660 11694 SHERATON SAN DIEGO HOTEL&MARINA Aug 30,2018 $486.87 679661 26203 SIERRA CONST&EXCAVATION INC Aug 30,2018 $26,911.22 679662 25246 SIGLER INC Aug 30,2018 $832.44 679663 29982 SINGH,CHARANJIT Aug 30,2018 $49.00 679664 7434 SMART&FINAL IRIS COMPANY Aug 30,2018 $421.72 679665 18507 SNAP-ON INDUSTRIAL Aug 30,2018 $825.11 679666 22473 SOILS ENGINEERING INC Aug 30,2018 $50,467.50 679667 23456 SORENSON,VERNON MD INC Aug 30,2018 $703.00 679668 11907 SPARKLETTS/SIERRA SPRINGS Aug 30,2018 $1,064.38 679669 25140 SPECIAL SERVICES GROUP LLC Aug 30,2018 $101.89 679670 7586 SPECIALTY TRIM&AWNING INC Aug 30,2018 $364.65 679671 21646 SUNBELT RENTALS,INC. Aug 30,2018 $19,610.76 679672 28163 SWITZER,PHILIP Aug 30,2018 $63.00 679673 276 TAYLOR EQUIPMENT&REPAIR,INC Aug 30,2018 $4,394.94 679674 22165 TECH DISTRIBUTION&TIRE SUPPLY INC Aug 30,2018 $176.97 679675 28733 TELELANGUAGE INC Aug 30,2018 $317.79 679676 25338 TEN EIGHT TOW INC Aug 30,2018 $35.00 679677 851 TENNANT COMPANY Aug 30,2018 $283.72 679678 19961 THE HON COMPANY-C/O STINSONS Aug 30,2018 $2,797.94 679679 20770 THORNTON,DENNIS Aug 30,2018 $125.00 679680 21314 TICOR TITLE COMPANY INC Aug 30,2018 $500.00 679681 29875 TIMAROU LLC Aug 30,2018 $18,882.65 679682 23837 TPX COMMUNICATIONS Aug 30,2018 $1,523.46 679683 96 TYACK TIRES INC Aug 30,2018 $1,693.70 679684 21513 USABLUEBOOK Aug 30,2018 $2,070.70 679685 23301 VALLEY CYCLE&MOTOR SPORTS INC Aug 30,2018 $72.91 679686 8520 VALLEY POWER SYSTEMS,INC Aug 30,2018 $1,095.94 679687 29844 VET NATIONAL INC Aug 30,2018 $10,162.47 679688 29864 VU,NICHOLAS Aug 30,2018 $921.75 679689 5158 W M LYLES COMPANY Aug 30,2018 $8,987.00 679690 26512 WEI KOO Aug 30,2018 $4,607.91 679691 26447 WESTCOAST HYDRAULICS Aug 30,2018 $337.84 679692 23003 WESTEC INC Aug 30,2018 $1,890.00 679693 29951 WESTERN REFINING CO LP Aug 30,2018 $8,752.83 679694 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 30,2018 $1,020.89 679695 29968 WHITE,BRENDAN Aug 30,2018 $49.00 679696 27495 WISE ELECTRIC&COMMUNICATIONS INC Aug 30,2018 $4,100.00 679697 9244 ZEP MANUFACTURING COMPANY Aug 30,2018 $270.06 679698 17690 ZONES Aug 30,2018 $1,014.26 679699 25815 1 800 RADIATOR&A/C INC Aug 30,2018 $366.78 679700 28854 3C PAYMENT(USA)CORP Aug 30,2018 $100.00 679701 70001 A C ELECTRIC COMPANY Aug 30,2018 $20,769.38 679704 78 ADVANCED DISTRIBUTION CO Aug 30,2018 $10,494.54 679705 12516 AIMS Aug 30,2018 $4,440.50 679708 8530 AMERIPRIDE UNIFORM SERVICES Aug 30,2018 $3,761.04 679710 21172 BLACKHOLE TECHNOLOGIES INC Aug 30,2018 $4,016.40 679712 18692 BOUND TREE MEDICAL LLC Aug 30,2018 $4,240.28 679713 10351 BOWMAN ASPHALT Aug 30,2018 $332,601.90 679717 1696 CALIFORNIA WATER SERVICE Aug 30,2018 $117,811.36 679719 2050 CLIFFORD&BROWN Aug 30,2018 $3,606.92 679721 3358 GILLIAM&SONS INC Aug 30,2018 $92,706.80 679723 3427 GRAINGER INC,W W Aug 30,2018 $2,337.27 679724 29581 HIGH VOLT ELECTRIC Aug 30,2018 $33,319.73 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679728 7933 HOME DEPOT Aug 30,2018 $3,619.95 679729 15744 IACP Aug 30,2018 $1,750.00 679730 24667 ISU STEPHEN MARVIN AGENCY INC Aug 30,2018 $208.00 679731 4677 KERN REFUSE DISPOSAL,INC Aug 30,2018 $143,868.36 679736 4740 KERN TURF SUPPLY Aug 30,2018 $4,614.16 679738 15624 LOWE'S HOME IMPROVEMENT Aug 30,2018 $1,568.15 679740 24279 O'REILLY AUTO PARTS Aug 30,2018 $941.55 679741 11050 PACIFIC GAS&ELECTRIC CFM/PPC Aug 30,2018 $15,200.66 679742 6114 PACIFIC GAS&ELECTRIC COMPANY Aug 30,2018 $133,616.73 679746 6114 PACIFIC GAS&ELECTRIC COMPANY Aug 30,2018 $145,333.39 679748 20828 PARSONS TRANSPORTATION GROUP INC Aug 30,2018 $180,936.30 679749 7096 SJVAPCD Aug 30,2018 $418.31 679750 26853 SOCAL FPO Aug 30,2018 $65.00 679751 7509 SOCALGAS Aug 30,2018 $3,921.66 679752 17986 SPRINT/NEXTEL COMMUNICATIONS Aug 30,2018 $603.52 679753 96 TYACK TIRES INC Aug 30,2018 $1,157.95 679758 10428 UNITED REFRIGERATION INC Aug 30,2018 $2,612.77 679759 26621 US POSTAL SERVICE(NEOPOST) Aug 30,2018 $10,000.00 679761 14647 WAXIE SANITARY SUPPLY INC Aug 30,2018 $3,195.31 679762 30002 MEDICAL EYE SERVICE COMPANY Aug 30,2018 $5,079.16 679763 26810 RELIASTAR LIFE INSURANCE CO Aug 30,2018 $3,704.37 679764 30027 U S BANK-PARS#6746022400 Aug 30,2018 $5,739.17 679765 30029 UNITED CONCORDIA DENTAL PLANS OF CA Aug 30,2018 $48,046.45 679766 30020 UNUM Aug 30,2018 $5,070.80 679767 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $250.00 679768 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $250.00 679769 10158 ALEXANDER,SUSAN Aug 31,2018 $12.97 679770 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $136.07 679771 15461 ALVIDREZ,TONY M Aug 31,2018 $26.33 679772 359 ANDERSON,ALLEN M Aug 31,2018 $24.06 679773 11517 ANSON,GARY Aug 31,2018 $7.32 679774 24927 ARRIBILLAGA,ROSEMARIE Aug 31,2018 $42.50 679775 514 AUSTIN,MARK W Aug 31,2018 $15.50 679776 541 AVALOS,JOHN Aug 31,2018 $26.33 679777 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $250.00 679778 70249 BAKERSFIELD PLUMBING CO INC Aug 31,2018 $400.00 679779 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $18.08 679780 15209 BERTRAND,FLOYD Aug 31,2018 $26.33 679781 1111 BLACKBURN,CLEO Aug 31,2018 $26.33 679782 17192 BOWEN,CECIL Aug 31,2018 $42.50 679783 1463 CADENA,JAKE Aug 31,2018 $26.33 679784 1771 CARROLL,EUGENE J Aug 31,2018 $13.07 679785 1884 CHAIN COHN STILES Aug 31,2018 $275.00 679786 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $60.00 679787 12236 COLBURN,NORMA Aug 31,2018 $42.50 679788 15997 COLWELL,SHIRMEYA Aug 31,2018 $3.76 679789 2224 CORE,FLORN R Aug 31,2018 $42.50 679790 10697 CRAWFORD,KAREN Aug 31,2018 $23.12 679791 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $557.76 679792 2261 CUNNINGHAM,TERRY Aug 31,2018 $7.89 679793 2435 DE LAURIE,JERRY Aug 31,2018 $13.07 679794 11430 DEEM,JEWELL Aug 31,2018 $13.91 679795 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $128.81 679796 70443 DISCOVERY CHURCH Aug 31,2018 $500.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679797 2630 DOYLE,MIKE Aug 31,2018 $42.50 679798 2925 FIDLER,DENNIS Aug 31,2018 $2.24 679799 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $658.80 679800 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $128.93 679801 11696 FRALEY,DEBORAH Aug 31,2018 $36.75 679802 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $143.93 679803 12742 GEORGE,PRESTON Aug 31,2018 $26.33 679804 3360 GILLBURG,GEORGE Aug 31,2018 $13.07 679805 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $42.58 679806 3538 GUSTIN,WENDELL Aug 31,2018 $6.30 679807 25970 HACKER,ROBERT Aug 31,2018 $42.50 679808 11942 HALL,DENNIS Aug 31,2018 $26.33 679809 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $250.00 679810 3770 HERRERA,FRANK R Aug 31,2018 $26.33 679811 70024 HPS MECHANICAL Aug 31,2018 $1,000.00 679812 11438 HUNTINGTON,LORRAINE Aug 31,2018 $42.50 679813 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $47.18 679814 70442 JASMINE PARKE INC Aug 31,2018 $9,199.03 679815 24194 JOHNSON,CLARISSE Aug 31,2018 $26.33 679816 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $250.00 679817 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $243.40 679818 27671 KELLER,MAXINE Aug 31,2018 $42.50 679819 4435 KERN COUNTY CLERKS Aug 31,2018 $200.00 679820 10196 KERN COUNTY D A'S OFFICE Aug 31,2018 $5,185.00 679821 15663 KERN COUNTY SHERIFF CIVIL DIVISION Aug 31,2018 $80.00 679822 28770 KIDZ LOVE SOCCER Aug 31,2018 $1,131.00 679823 21175 KISBEY,KAREN Aug 31,2018 $42.50 679824 4931 KULLRICH,DAN Aug 31,2018 $8.84 679825 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $335.10 679826 12054 LIVERMORE,PATRICIA Aug 31,2018 $3.76 679827 5163 LOPEZ, FRANK Aug 31,2018 $26.33 679828 24061 MAHAFFEY,BOBBY Aug 31,2018 $26.33 679829 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $127.31 679830 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $19.73 679831 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $1,819.65 679832 10600 MOYER,MICKEY D. Aug 31,2018 $42.50 679833 5896 NEWTON,KENNETH RAY Aug 31,2018 $13.07 679834 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $98.00 679835 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $294.00 679836 5963 OFFENBURGER,BILL Aug 31,2018 $42.50 679837 14352 OWEN,CAROL Aug 31,2018 $8.84 679838 27975 OWEN,M ROSE Aug 31,2018 $24.06 679839 29655 P&A ADMINISTRATION SERVICES INC Aug 31,2018 $2,632.50 679840 29655 P&A ADMINISTRATION SERVICES INC Aug 31,2018 $1,922.49 679841 29655 P&A ADMINISTRATION SERVICES INC Aug 31,2018 $3,391.40 679842 29655 P&A ADMINISTRATION SERVICES INC Aug 31,2018 $153.55 679843 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $249.51 679844 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $102.43 679845 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $100.39 679846 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $120.39 679847 11451 PHILLIPS,SHIRLEY A Aug 31,2018 $23.12 679848 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $19.66 679849 12132 QUON,MICHAEL F Aug 31,2018 $42.50 679850 28060 ROBERTS,EMMA Aug 31,2018 $42.50 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679851 70148 RODRIGUEZ&ASSOCIATES Aug 31,2018 $508.95 679852 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $124.06 679853 17595 RUBEN'S PIPELINE Aug 31,2018 $400.00 679854 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $537.84 679855 7337 SHERFY,ROBERT M. Aug 31,2018 $42.50 679856 7357 SHERMAN,THOMAS Aug 31,2018 $26.33 679857 7351 SHIPES, HENRY Aug 31,2018 $26.33 679858 7493 SNYDER,RHENDA Aug 31,2018 $1.22 679859 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $441.00 679860 10037 MISCELLANEOUS TRUST VENDOR Aug 31,2018 $342.00 679861 20357 TEUTIMEZ,DONALD Aug 31,2018 $42.50 679862 26861 TORRES,SHIRLEY Aug 31,2018 $26.33 679863 24193 URSIN,MARGARET Aug 31,2018 $42.50 679864 29174 VALLIANT,JOHN Aug 31,2018 $18.99 679865 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $67.26 679866 17940 VINCENT,LESLIE Aug 31,2018 $25.65 679867 23357 WALCK,CORA Aug 31,2018 $42.50 679868 15380 WILLIAMS,ISABEL Aug 31,2018 $26.33 679869 9052 WISHAM,DARLENE Aug 31,2018 $26.33 679870 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $80.77 679871 28865 BLUE SHIELD OF CALIFORNIA Aug 31,2018 $633,326.72 679872 24411 CALIFORNIA BUILDING STANDARDS COMM Aug 31,2018 $4,527.00 679873 24411 CALIFORNIA BUILDING STANDARDS COMM Aug 31,2018 $5,961.00 679874 12632 DERRELL'S MINI STORAGE Aug 31,2018 $111,216.60 679875 12632 DERRELL'S MINI STORAGE Aug 31,2018 $119,241.10 679876 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $339.98 679877 12857 KAISER PERMANENTE Aug 31,2018 $35,620.75 679878 10047 MISC RECEIVABLE REFUND VENDOR Aug 31,2018 $404.62 679879 6114 PACIFIC GAS&ELECTRIC COMPANY Aug 31,2018 $382.33 679880 29221 UNITED CONCORDIA DENTAL PLANS OF CA Aug 31,2018 $5,037.30 679881 28 A C ELECTRIC COMPANY Sep 6,2018 $4,726.71 679882 17111 AARDVARK Sep 6,2018 $250.00 679883 25208 ACCESS CONTROLS INC Sep 6,2018 $191.00 679884 65 ACCO CABLE SPLICING Sep 6,2018 $65.42 679885 29935 ACCUVEIN INC Sep 6,2018 $5,823.68 679886 28721 ACHTMANN,CANDACE Sep 6,2018 $107.25 679887 25365 AECOM TECHNICAL SERVICES INC Sep 6,2018 $251,739.43 679888 21341 AEG MANAGEMENT BAKERSFIELD LLC Sep 6,2018 $60,000.00 679889 12516 AIMS Sep 6,2018 $35,459.83 679890 19696 ALEMAN,KIM Sep 6,2018 $89.93 679891 160 ALL THAT LETTERING SIGN COMPNY Sep 6,2018 $228.70 679892 23588 ALUMINUM CHUCK WAGON Sep 6,2018 $7,384.86 679893 27696 AMAZING BOUNCE Sep 6,2018 $135.00 679894 347 AMREP INC Sep 6,2018 $117.73 679895 29827 AMS LEGAL SUPPORT SERVICES INC Sep 6,2018 $185.00 679896 29597 ANP TECHNOLOGIES INC Sep 6,2018 $2,371.78 679897 1049 APPLIED LNG TECHNOLOGIES LLC Sep 6,2018 $23,026.36 679898 20521 ARIES INDUSTRIES INC Sep 6,2018 $1,370.71 679899 13049 ARMA COATINGS OF BAKERSFIELD Sep 6,2018 $348.56 679900 523 ATCO INTERNATIONAL Sep 6,2018 $157.70 679901 520 AUTO TINT WEST INC Sep 6,2018 $164.79 679902 13544 BAKERSFIELD ARC Sep 6,2018 $17.50 679903 675 BAKERSFIELD CALIFORNIAN Sep 6,2018 $1,962.31 679904 875 BAKERSFIELD TRUCK CENTER Sep 6,2018 $325.78 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I CCAGENDA CK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679905 28365 BALTIC NETWORKS USA Sep 6,2018 $1,589.12 679906 557 BARC Sep 6,2018 $13,693.90 679907 13424 BARNES WELDING SUPPLY Sep 6,2018 $845.16 679908 19101 BAUTISTA,JOSE Sep 6,2018 $125.00 679909 23444 BILLINGSLEY,MATTHEW Sep 6,2018 $1,732.70 679910 21172 BLACKHOLE TECHNOLOGIES INC Sep 6,2018 $1,085.38 679911 29695 BLADES&BITS LLC Sep 6,2018 $3,480.00 679912 19197 BLAKEMORE,JEREMY Sep 6,2018 $135.00 679913 20301 BLASTERS TOOL&SUPPLY CO INC Sep 6,2018 $695.95 679914 22817 BORN AGAIN BODYWORKS Sep 6,2018 $5,846.46 679915 29985 BOSSAERT,TREVOR Sep 6,2018 $125.00 679916 19303 BRIGHT HOUSE NETWORKS Sep 6,2018 $114.98 679917 1314 BROWNELLS INC Sep 6,2018 $473.66 679918 15684 BUCKS LANDSCAPE MATERIALS Sep 6,2018 $221.40 679919 10267 BUDGET BOLT INC Sep 6,2018 $948.40 679920 1477 CAL VALLEY EQUIPMENT INC Sep 6,2018 $1,521.25 679921 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Sep 6,2018 $6,232.50 679922 22658 CDW GOVERNMENT Sep 6,2018 $1,890.00 679923 16928 CECIL,JEFF Sep 6,2018 $2,283.01 679924 27074 CEN-CAL CONSTRUCTION INC Sep 6,2018 $85,215.20 679925 27374 CENTRAL CAL SURVEYS Sep 6,2018 $500.00 679926 26731 CENTRISYS CORPORATION Sep 6,2018 $37,677.07 679927 1888 CHAMPION HARDWARE Sep 6,2018 $1,158.10 679928 21938 CHAMPNESS,DANIEL Sep 6,2018 $225.00 679929 23786 CHART INDUSTRIES Sep 6,2018 $304.22 679930 2016 CLARK PEST CONTROL INC Sep 6,2018 $448.00 679931 28114 CLAYTON,ADAM Sep 6,2018 $299.00 679932 2050 CLIFFORD&BROWN Sep 6,2018 $7,008.50 679933 801 CLIFFORD&BROWN TRUST Sep 6,2018 $716.50 679934 29966 CODE PUBLISHING COMPANY Sep 6,2018 $2,512.30 679935 28762 COFFEY MGT LLC Sep 6,2018 $960.08 679936 29517 COOPERS PETROLEUM DISTRIBUTOR INC Sep 6,2018 $1,945.42 679937 19859 COUNTY OF KERN DEPARTMENT OF Sep 6,2018 $130.00 679938 10285 CRIDER CONSTRUCTION INC Sep 6,2018 $9,244.30 679939 22374 CSI SERVICES INC Sep 6,2018 $10,079.50 679940 27218 CUMMINS PACIFIC LLC Sep 6,2018 $39.08 679941 25337 DAVES FLEET MAINT&TOWING INC Sep 6,2018 $75.00 679942 2442 DELANEY&AHLF DIESEL SERVICE INC Sep 6,2018 $117.82 679943 25961 DELANEY MANUFACTURING INC Sep 6,2018 $3,724.80 679944 20060 DEMESTIHAS,EVANGELOS Sep 6,2018 $135.00 679945 11271 DEPARTMENT OF TRANSPORTATION Sep 6,2018 $9,136.77 679946 26553 DICKSON,JAMES Sep 6,2018 $225.00 679947 28251 DISABILITY ACCESS CONSULTANTS LLC Sep 6,2018 $23,650.00 679948 19322 DRAKE,SCOTT Sep 6,2018 $173.15 679949 18544 DUANE MORRIS LLP Sep 6,2018 $60,000.00 679950 16511 EAN SERVICES LLC Sep 6,2018 $1,801.59 679951 2752 ELBERT DISTRIBUTING Sep 6,2018 $49.43 679952 29111 ENVIROTEK CORPORATION Sep 6,2018 $2,440.04 679953 2830 EWING IRRIGATION PRODUCTS Sep 6,2018 $53.29 679954 16624 FASTENAL COMPANY Sep 6,2018 $56.26 679955 2901 FEDEX Sep 6,2018 $60.46 679956 25972 FERNANDEZ,MARIA Sep 6,2018 $433.48 679957 12577 FINDLEY,KEVIN Sep 6,2018 $128.00 679958 19657 FIRST CHOICE SERVICES INC Sep 6,2018 $377.27 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I 8 CC A GENDACKET PG 4 6 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 679959 25339 FLEET SERVICES TOWING INC Sep 6,2018 $70.00 679960 27788 FLOW N CONTROL INC Sep 6,2018 $7,559.35 679961 3028 FLOYDS GENERAL STORE Sep 6,2018 $442.79 679962 27759 FRIAS,ARTURO Sep 6,2018 $123.28 679963 26885 GARRETT,CHAD Sep 6,2018 $320.00 679964 28065 GELINAS,ALYSEN Sep 6,2018 $49.00 679965 28064 GENERAL TREE SERVICE INC Sep 6,2018 $1,700.00 679966 3358 GILLIAM&SONS INC Sep 6,2018 $10,480.00 679967 18722 GLOBALSTAR USA INC Sep 6,2018 $86.70 679968 3403 GOLDEN STATE PETERBILT Sep 6,2018 $1,912.57 679969 3450 GRANITE CONSTRUCTION INC Sep 6,2018 $746,576.21 679970 3452 GRAYBAR ELECTRIC COMPANY Sep 6,2018 $151.67 679971 17779 GREERS BANNER AIR INC Sep 6,2018 $660.00 679972 24247 GREGS PETROLEUM SERVICES INC Sep 6,2018 $3,335.96 679973 24139 GUTIERREZ TIRE&WHEEL INC Sep 6,2018 $717.48 679974 24429 H&E EQUIPMENT SERVICES LLC Sep 6,2018 $23,452.60 679975 162 HADDAD DODGE Sep 6,2018 $147.58 679976 3593 HALL LETTER SHOP Sep 6,2018 $107.35 679977 3600 HAMER,ROBERT DARIN Sep 6,2018 $125.00 679978 23305 HARRINGTON,CHRIS Sep 6,2018 $125.00 679979 29866 HENRY SCHEIN INC Sep 6,2018 $4,902.01 679980 28732 HERNANDEZ,DANIEL Sep 6,2018 $125.00 679981 3774 HI STANDARD AUTOMOTIVE Sep 6,2018 $758.39 679982 15419 HILLIARD,MATTHEW Sep 6,2018 $2,559.67 679983 27672 HURTADO,FERNANDO Sep 6,2018 $225.00 679984 410 IBM CORP Sep 6,2018 $7,275.80 679985 27898 IES ENGINEERING Sep 6,2018 $1,615.20 679986 4089 J&E RESTAURANT SUPPLY INC Sep 6,2018 $32.65 679987 24099 J GARCIA TRUCKING INC Sep 6,2018 $2,550.00 679988 29154 JACKSON,BRIAN Sep 6,2018 $125.00 679989 28894 JAMAR,TREY Sep 6,2018 $675.00 679990 19121 JOHNSON CONTROLS Sep 6,2018 $206.00 679991 25527 JTB SUPPLY CO INC Sep 6,2018 $1,171.13 679992 19554 K&R TOWING Sep 6,2018 $70.00 679993 4550 K C S O S Sep 6,2018 $4,005.45 679994 4573 KERN COUNTY WATER AGENCY Sep 6,2018 $267,135.00 679995 7492 KERN MACHINERY INC Sep 6,2018 $1,614.44 679996 4680 KERN RIVER POWER EQUIPMENT INC Sep 6,2018 $1,155.85 679997 4861 KISCO SALES INC Sep 6,2018 $5,506.02 679998 26093 KITCHEN,BENJAMIN Sep 6,2018 $225.00 679999 4277 KME FIRE APPARATUS Sep 6,2018 $554.80 680000 4875 KNIGHTS PUMPING&PORTABLE SVC INC Sep 6,2018 $197.50 680001 14219 L A GRINDING INC Sep 6,2018 $66.00 680002 26726 LEE,JUANITA Sep 6,2018 $121.98 680003 28755 LEVEL 3 COMMUNICATIONS LLC Sep 6,2018 $1,337.72 680004 1030 LEXISNEXIS MATTHEW BENDER Sep 6,2018 $562.65 680005 5097 LIFE ASSIST INC Sep 6,2018 $20,575.38 680006 28745 LIGHTING IN STYLE Sep 6,2018 $289.41 680007 5133 LOOP ELECTRIC INC Sep 6,2018 $28,457.00 680008 21174 LOS ANGELES COUNTY AUDITOR CONT Sep 6,2018 $15.00 680009 22497 M&J HANDIMAN HENRY Sep 6,2018 $265.00 680010 26124 MARANATHA LANDSCAPE INC Sep 6,2018 $875.00 680011 16016 MCINTOSH&ASSOCIATES Sep 6,2018 $36,383.00 680012 5359 MCKENNEYS AIR CONDITIONING INC Sep 6,2018 $2,000.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 680013 18731 MCPC Sep 6,2018 $681.90 680014 23496 MCWILLIAMS&WALDEN INC Sep 6,2018 $2,308.44 680015 26636 MEDINA,GUSTAVO Sep 6,2018 $125.00 680016 25190 MEMORIAL OCCUPATIONAL MEDICINE Sep 6,2018 $260.00 680017 7064 MERCHANTS PRINTING&ENVELOPE Sep 6,2018 $2,436.07 680018 26501 MFASCO HEALTH&SAFETY Sep 6,2018 $303.85 680019 12682 MILTON,JIM Sep 6,2018 $125.00 680020 20733 MOBILE AG&INDUSTRIAL SUPPLY INC Sep 6,2018 $1,076.65 680021 20908 MONEY,TIMOTHY Sep 6,2018 $125.00 680022 5681 MOSS,ROBERT B JR Sep 6,2018 $861.78 680023 28806 MOUNTAIN VIEW FARMS&EQ CORP Sep 6,2018 $734.52 680024 28735 MULLAHEY CDJR Sep 6,2018 $75,264.76 680025 5790 MUXLOW CONSTRUCTION Sep 6,2018 $530.00 680026 29871 NOR-CAL PUMP&WELL DRILLING INC Sep 6,2018 $511,398.77 680027 28687 NV5 INC Sep 6,2018 $55,672.93 680028 10361 OPEN&SHUT ENTERPRISES Sep 6,2018 $125.36 680029 29342 OSBORNE,THOMAS LANCE Sep 6,2018 $160.97 680030 29655 P&A ADMINISTRATION SERVICES INC Sep 6,2018 $664.20 680031 6448 P T 0 SALES CORP/TRUCKPRO LLC Sep 6,2018 $861.65 680032 13209 PARKHOUSE TIRE INC Sep 6,2018 $2,795.94 680033 24029 PAYLESS TOWING Sep 6,2018 $35.00 680034 25041 PENCE PETROLEUM CO Sep 6,2018 $2,329.89 680035 27911 PORTERVILLE FORD Sep 6,2018 $666.60 680036 21727 POTTERS INDUSTRIES LLC Sep 6,2018 $14,881.15 680037 178 PRAXAIR DISTRIBUTION INC Sep 6,2018 $573.26 680038 10041 PRECISION FERTILIZER SPREADING Sep 6,2018 $46,652.34 680039 24890 PRECISION SURVEY SUPPLY LLC Sep 6,2018 $2,990.00 680040 28567 PRESORT CENTER OF FRESNO LLC Sep 6,2018 $869.25 680041 26310 QUALITY MACHINERY CENTER INC Sep 6,2018 $175.62 680042 20713 RANDY'S TOWING Sep 6,2018 $140.00 680043 3249 RAY GASKIN SERVICE INC Sep 6,2018 $1,409.38 680044 28480 READY REFRESH Sep 6,2018 $37.12 680045 19224 REDFLEX INC Sep 6,2018 $62,301.42 680046 6727 REFRIGERATION SUPPLIES DIST. INC Sep 6,2018 $3,014.49 680047 29924 RIVERS,DANIEL Sep 6,2018 $72.00 680048 20394 RODRIGUEZ,RAYMOND Sep 6,2018 $114.92 680049 29284 ROMO,DANITZA Sep 6,2018 $49.00 680050 6915 ROUND-UP FEED AND PET SUPPLY Sep 6,2018 $53.61 680051 17449 RRM DESIGN GROUP INC Sep 6,2018 $371.25 680052 6953 S&S WORLDWIDE INC Sep 6,2018 $140.96 680053 18072 SAFETY TEK INDUSTRIES INC Sep 6,2018 $2,400.00 680054 29437 SAGE RENEWABLES Sep 6,2018 $8,000.00 680055 29616 SALAS,LOUIS Sep 6,2018 $445.00 680056 26203 SIERRA CONST&EXCAVATION INC Sep 6,2018 $47,626.31 680057 26847 SILICON CONSTELLATIONS INC Sep 6,2018 $5,481.12 680058 29322 SITEONE LANDSCAPE SUPPLY HOLDING Sep 6,2018 $323.50 680059 7434 SMART&FINAL IRIS COMPANY Sep 6,2018 $70.93 680060 23428 SMITH,MITCHELL Sep 6,2018 $135.00 680061 25239 SMITH,TAMIA Sep 6,2018 $168.00 680062 19805 SOFTWARE HOUSE INTERNATIONAL Sep 6,2018 $1,402.83 680063 11566 SOIL CONTROL LAB INC Sep 6,2018 $1,552.00 680064 27951 SOLENIS LLC Sep 6,2018 $50,509.49 680065 15120 SOLF,JASON L Sep 6,2018 $125.00 680066 23456 SORENSON,VERNON MD INC Sep 6,2018 $440.86 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I CCAGENDA CK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 680067 11907 SPARKLETTS/SIERRA SPRINGS Sep 6,2018 $317.62 680068 25502 SPARTAN TRUCK CO INC Sep 6,2018 $854.46 680069 29582 STOCKBRIDGE GENERAL CONTRACTING Sep 6,2018 $274,302.99 680070 20245 STRATTON,BRENT Sep 6,2018 $497.98 680071 29758 SW CONSTRUCTION Sep 6,2018 $129,896.73 680072 14271 SW IGGUM,KIRK T Sep 6,2018 $125.00 680073 8180 T&T TRUCK AND CRANE INC. Sep 6,2018 $860.00 680074 28832 T-MOBILE USA Sep 6,2018 $153.00 680075 25338 TEN EIGHT TOW INC Sep 6,2018 $35.00 680076 851 TENNANT COMPANY Sep 6,2018 $323.90 680077 17175 THYSSENKRUPP ELEVATOR INC Sep 6,2018 $9,997.75 680078 28291 TORRES,MICHAEL Sep 6,2018 $125.00 680079 21369 TRANS-WEST SECURITY INC Sep 6,2018 $11,097.28 680080 8221 U C REGENTS OPER IRLE Sep 6,2018 $540.49 680081 28051 VARGAS,MATTHEW Sep 6,2018 $98.10 680082 8655 VITAL SIGNS Sep 6,2018 $10,716.38 680083 18320 WADDLE,LORETTA Sep 6,2018 $80.00 680084 29260 WAHL,THOMAS Sep 6,2018 $299.00 680085 4141 WATTENBARGER DO IT CENTER Sep 6,2018 $1,170.40 680086 14647 WAXIE SANITARY SUPPLY INC Sep 6,2018 $47.45 680087 28739 WESTAIR GASES&EQUIPMENT INC Sep 6,2018 $236.32 680088 25672 WESTERN ENERGY SYSTEMS Sep 6,2018 $1,941.13 680089 28563 WILSONS INDUSTRIAL PUMP Sep 6,2018 $1,238.99 680090 13371 WIMBISH,RICK Sep 6,2018 $320.00 680091 18790 WINSTON WATER SERVICES Sep 6,2018 $845.00 680092 12585 WOOLARD,BOBBY Sep 6,2018 $128.00 680093 21390 WYATT,DORETHA Sep 6,2018 $135.00 680094 18167 ZAP MANUFACTURING INC Sep 6,2018 $7,794.50 680095 11063 ZARAGOZA,MARISELA Sep 6,2018 $106.28 680096 25815 1 800 RADIATOR&A/C INC Sep 6,2018 $130.84 680097 19552 A S C A P Sep 6,2018 $2,678.33 680098 28860 AT&T Sep 6,2018 $14,824.05 680101 78 ADVANCED DISTRIBUTION CO Sep 6,2018 $9,118.14 680102 12516 AIMS Sep 6,2018 $40.50 680105 8530 AMERIPRIDE UNIFORM SERVICES Sep 6,2018 $2,045.26 680106 13631 ARB/PERP Sep 6,2018 $575.00 680107 17638 BEST WESTERN PLUS HOTEL AT THE CONV Sep 6,2018 $436.77 680109 10351 BOWMAN ASPHALT Sep 6,2018 $386,053.39 680110 10351 BOWMAN ASPHALT Sep 6,2018 $38,489.24 680112 22565 BURTCH CONSTRUCTION INC Sep 6,2018 $188,367.15 680114 1696 CALIFORNIA WATER SERVICE Sep 6,2018 $58,375.70 680115 1764 CAPE Sep 6,2018 $275.00 680116 11937 CITY OF BAKERSFIELD Sep 6,2018 $241.00 680117 17023 CITY OF BAKERSFIELD Sep 6,2018 $10,122.00 680119 2050 CLIFFORD&BROWN Sep 6,2018 $6,883.62 680120 2247 COUNTY OF MARIN/CAL-SLA Sep 6,2018 $5,040.00 680121 11954 DEPARTMENT OF INDUSTRIAL RELATIONS Sep 6,2018 $1,217.50 680124 3427 GRAINGER INC,W W Sep 6,2018 $3,049.85 680126 3450 GRANITE CONSTRUCTION INC Sep 6,2018 $257,480.91 680127 3466 GREATER BAKERSFIELD CHAMBER OF Sep 6,2018 $1,000.00 680129 7933 HOME DEPOT Sep 6,2018 $1,895.04 680130 23805 1 E D C Sep 6,2018 $946.00 680131 4085 JTS CONSTRUCTION INC Sep 6,2018 $20,522.85 680132 19905 KERN COUNTY CHIEF LAW ENFORCEMENT Sep 6,2018 $100.00 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I 8 CC A GENDACKET PG 4 9 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 8/24/2018 to 9/6/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 680134 4740 KERN TURF SUPPLY Sep 6,2018 $2,956.47 680135 29988 L A S D Sep 6,2018 $40.00 680136 12553 LEAGUE OF CALIFORNIA CITIES Sep 6,2018 $150.00 680138 15624 LOWE'S HOME IMPROVEMENT Sep 6,2018 $1,199.07 680140 1316 MICHELIN NORTH AMERICA INC Sep 6,2018 $19,115.09 680143 24279 O'REILLY AUTO PARTS Sep 6,2018 $856.35 680144 29358 PYRAMID BUILDING&ENGINEERING INC Sep 6,2018 $76,709.66 680145 7509 SOCALGAS Sep 6,2018 $66.37 680146 7508 SOUTHERN CALIFORNIA EDISON CO. Sep 6,2018 $548.31 680147 7609 SPRINT Sep 6,2018 $2,050.00 680148 17986 SPRINT/NEXTEL COMMUNICATIONS Sep 6,2018 $1,579.92 680150 96 TYACK TIRES INC Sep 6,2018 $3,761.76 680151 8611 VAUGHN WATER CO.,INC. Sep 6,2018 $52.54 680152 20601 VERIZON WIRELESS Sep 6,2018 $25.02 680153 20601 VERIZON WIRELESS Sep 6,2018 $1,635.64 680154 20601 VERIZON WIRELESS Sep 6,2018 $691.96 680155 20601 VERIZON WIRELESS Sep 6,2018 $25.02 9994464 10199 BAKERSFIELD CITY EMPLOYEE Aug 24,2018 $193,555.00 9994465 24821 DEPARTMENT OF THE TREASURY Aug 24,2018 $1,199.73 9994466 30014 EMPLOYMENT DEVELOPMENT DEPT Aug 24,2018 $196,916.11 9994467 10217 I C M A RETIREMENT TRUST-303749 Aug 24,2018 $52,692.82 9994468 30010 IRS Aug 24,2018 $548,138.06 9994469 16863 NATIONWIDE RETIREMENT SOLUTIONS Aug 24,2018 $106,947.33 9994470 20699 VANTAGEPOINT TRANSFER AGENTS C/O Aug 24,2018 $35,046.36 9994479 10206 STATE OF CALIF-PERS Aug 30,2018 $3,005,013.32 9994480 11811 WELLS FARGO BANK Aug 30,2018 $106,143.34 9994481 30028 BLUE SHIELD OF CALIFORNIA-P Aug 31,2018 $527,210.91 9994482 30022 IRS/FDRF Aug 31,2018 $191.00 9994483 30021 KAISER PERMANENTE Aug 31,2018 $217,749.18 9994485 13708 U S BANK TRUST NA Aug 31,2018 $2,670,580.00 9994487 26888 WILMINGTON TRUST N.A. Aug 31,2018 $3,435,725.00 9994488 30025 STATE DISBURSEMENT UNIT Sep 6,2018 $21,224.21 9994489 11811 WELLS FARGO BANK Sep 6,2018 $90,593.96 $20,658,339.77 S:\Accounting\Robert Z\Admin-Council\2018\COUNCI L-ADM IN\09-SEPT 2 /I 9/I 8 CC A GENDACK 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 8/24/2018 to 9/6/2018 E-Payable Vendor E-Payable Number Number Vendor Name Date E-Payable Amount 16068 57 ABATE A WEED Aug 30,2018 $760.76 16069 24819 AD WEAR&SPECIALTY OF TX Aug 30,2018 $502.61 16070 64 ADAMSON POLICE SUPPLY Aug 30,2018 $7,906.47 16071 29 AFFINITY TRUCK CENTER Aug 30,2018 $3,198.41 16072 152 ALL AUTOMATIC TRANSMISSION SER Aug 30,2018 $1,850.00 16073 576 B&B SURPLUS Aug 30,2018 $388.67 16074 575 B C LABORATORIES Aug 30,2018 $3,689.00 16075 611 B S&E COMPANY INC Aug 30,2018 $426.79 16076 1037 BERCHTOLD EQUIPMENT CO Aug 30,2018 $665.33 16077 1163 BLUEPRINT SERVICE CO Aug 30,2018 $1,930.57 16078 20747 CENTRAL SANITARY SUPPLY INC Aug 30,2018 $332.71 16079 13912 DIRECT SAFETY SOLUTIONS INC Aug 30,2018 $88.31 16080 13088 E J WARD INCORPORATED Aug 30,2018 $7,693.41 16081 2757 ELECTRIC MOTOR WORKS INC Aug 30,2018 $29,561.99 16082 27459 EVOQUA WATER TECHNOLOGIES Aug 30,2018 $1,000.00 16083 14055 FAST UNDERCAR LLC Aug 30,2018 $4,390.25 16084 2874 FERGUSON ENTERPRISES INC Aug 30,2018 $12,861.01 16085 21739 GOLDEN EMPIRE TOWING INC Aug 30,2018 $255.00 16086 26694 JACOBSEN DIVISION OF TEXTRON Aug 30,2018 $222.84 16087 4171 JERRY&KEITHS INC Aug 30,2018 $2,647.88 16088 1390 JIM BURKE FORD Aug 30,2018 $3,784.96 16089 15694 DIMS TOWING INC Aug 30,2018 $1,055.00 16090 24086 MAR-CO EQUIPMENT CORP Aug 30,2018 $268.47 16091 23984 MECHANICAL DRIVES&BELTING INC Aug 30,2018 $930.50 16092 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 30,2018 $570.40 16093 6555 QUINN COMPANY INC Aug 30,2018 $1,011.10 16094 698 SAN JOAQUIN INTERIORS Aug 30,2018 $150.00 16095 19584 SMITH&SON TIRE INC Aug 30,2018 $3,550.17 16096 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 30,2018 $1,876.14 16097 25504 STATEWIDE TRAFFIC SAFETY&SIGNS Aug 30,2018 $808.10 16098 7670 STEWART ELECTRIC SUPPLY Aug 30,2018 $405.89 16099 7685 STINSON STATIONERS Aug 30,2018 $3,204.15 16100 15868 TEL TEC SECURITY SYSTEM INC Aug 30,2018 $1,992.07 16101 13646 UNITED ROTARY BRUSH CORP Aug 30,2018 $882.64 16102 9010 WILLIAMS CLEANING SYSTEMS INC Aug 30,2018 $894.37 16103 57 ABATE A WEED Sep 6,2018 $185.84 16104 63 ACE HYDRAULIC SALES&SERVICE Sep 6,2018 $114.78 16105 24819 AD WEAR&SPECIALTY OF TX Sep 6,2018 $1,530.99 16106 29 AFFINITY TRUCK CENTER Sep 6,2018 $4,994.86 16107 152 ALL AUTOMATIC TRANSMISSION SER Sep 6,2018 $5,950.00 16108 180 AMBER CHEMICAL INC Sep 6,2018 $1,514.80 16109 576 B&B SURPLUS Sep 6,2018 $637.83 16110 575 B C LABORATORIES Sep 6,2018 $1,350.00 16111 611 B S&E COMPANY INC Sep 6,2018 $1,333.88 16112 1037 BERCHTOLD EQUIPMENT CO Sep 6,2018 $583.45 16113 1163 BLUEPRINT SERVICE CO Sep 6,2018 $183.29 16114 18753 BRIDGEPORT TRUCK MANUFACTURING Sep 6,2018 $1,930.67 16115 1558 CALIFORNIA INDUSTRIAL RUBBER Sep 6,2018 $4,291.62 16116 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Sep 6,2018 $135.00 16117 2162 CONSOLIDATED ELECTRICAL DIST INC Sep 6,2018 $4,815.80 16118 13912 DIRECT SAFETY SOLUTIONS INC Sep 6,2018 $1,333.73 16119 2581 DOOLEY ENTERPRISES INC Sep 6,2018 $9,449.38 16120 13088 E J WARD INCORPORATED Sep 6,2018 $15,281.41 16121 2757 ELECTRIC MOTOR WORKS INC Sep 6,2018 $4,253.12 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2C /I 9/I 8 CC A GENDACKET PG 51 9/6/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 8/24/2018 to 9/6/2018 E-Payable Vendor E-Payable Number Number Vendor Name Date E-Payable Amount 16122 14055 FAST UNDERCAR LLC Sep 6,2018 $6,005.79 16123 2874 FERGUSON ENTERPRISES INC Sep 6,2018 $200.90 16124 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Sep 6,2018 $3,437.84 16125 21739 GOLDEN EMPIRE TOWING INC Sep 6,2018 $600.00 16126 4171 JERRY&KEITHS INC Sep 6,2018 $2,923.20 16127 1390 JIM BURKE FORD Sep 6,2018 $4,730.49 16128 4178 JIM BURKE LINCOLN MERCURY Sep 6,2018 $200.22 16129 15694 DIMS TOWING INC Sep 6,2018 $355.00 16130 2267 L N CURTIS&SONS Sep 6,2018 $26,902.59 16131 24086 MAR-CO EQUIPMENT CORP Sep 6,2018 $99.08 16132 453 MUNICIPAL MAINTENANCE EQUIP INC Sep 6,2018 $1,027.52 16133 6205 PAVEMENT RECYCLING SYSTEMS INC Sep 6,2018 $21,818.00 16134 6550 QUAD KNOPF INC Sep 6,2018 $1,846.00 16135 1279 QUALITY HEAVY DUTY DIESEL ELEC Sep 6,2018 $312.68 16136 6555 QUINN COMPANY INC Sep 6,2018 $769.85 16137 12665 SAN JOAQUIN FENCE&SUPPLY Sep 6,2018 $2,057.00 16138 7231 SEAL&PACKING SUPPLY CO Sep 6,2018 $1,955.94 16139 19584 SMITH&SON TIRE INC Sep 6,2018 $2,773.04 16140 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Sep 6,2018 $2,481.42 16141 25504 STATEWIDE TRAFFIC SAFETY&SIGNS Sep 6,2018 $678.65 16142 7670 STEWART ELECTRIC SUPPLY Sep 6,2018 $20.59 16143 7685 STINSON STATIONERS Sep 6,2018 $5,937.76 16144 7728 SULLY&SON HYDRAULICS INC Sep 6,2018 $1,805.84 16145 13646 UNITED ROTARY BRUSH CORP Sep 6,2018 $440.64 251,006.46 20,909,346.23 S:\Accounting\Robert Z\Admin-Council\2018\COUNCIL-ADMIN\09-SEPT 2C 0911911-8-CC AGENDA PACKET ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Resolutions c. TO: Honorable Mayor and City Council FROM: Christopher Gerry,Acting City Clerk DATE: 9/7/2018 WARD: SUBJECT: Resolution adopting an amended conflict of interest code. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The Political Reform Pct prohibits a public official from using his or her official position to influence a governmental decision in which he or she has a financial interest. Every state and local agency must adopt a conflict of interest code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. The individuals in these designated positions must disclose their financial interests as identified in an agency's conflict of interest code. Financial interests are disclosed annually on a form called Statement of Economic Interests (Form 700). In addition, each local agency is required to conduct a biennial review of its conflict of interest code. This review includes evaluating existing and newly created positions, and subsequently amending the conflict of interest code accordingly. Following a recent review, City staff proposes 16 revisions to the previous conflict of interest code. These revisions include five title changes, 10 additions, and one deletion. The City Council previously adopted a conflict of interest code on September 26, 2016. City staff recommends adopting the attached resolution. ATTACHMENTS: Description Type D Reav>dlaudOlrl Reav>ollautblrl D fm"xhilllailY k fm"xhlNt 09/19/1 CC C T 3 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR THE CITY OF BAKERSFIELD DEPARTMENTS WHEREAS, California Government Code Section 87300 requires each governmental agency to update and amend its Conflict of Interest Code biennially when positions are created, deleted or modified so as to bring them within the positions designated by the Political Reform Act; and WHEREAS, the Council is the Code reviewing body for all City Departments; and WHEREAS, the Political Reform Act requires certain City officials (mayors, city managers, city attorneys, city treasurers, city councils) specified in Government Code Section 87200 of the California Government Code to file economic disclosure forms ("Form 700") directly to the California Fair Political Practices Commission; and WHEREAS, the Political Reform Act also requires the City to adopt a local conflict of interest code that enumerates specific City positions other than those specified in the Government Code Section 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. That the proposed Conflict of Interest Code attached hereto as Exhibit "A" is approved for adoption by the respective Departments of the City of Bakersfield; and 2. That all designated employees as provided in the attached Amended Conflict of Interest Code in Exhibit "A" are hereby instructed to file Statements of Economic Interest according to the terms of 2 California Code of Regulations Section 18730. ----------000---------- -- Page 1 of 2 Pages-- 09119118CCAGENDAPACKETPG 54 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: RIVERA, GONZALES,WEIR,SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By RICHARD IGER Associate Attorney Attachment: Exhibit "A" S:\Council\RESOLUTN\2018\Conflicflnf 2016.doc -- Page 2 of 2 Pages— 09/19/1 CC C T EXHIBIT "A" AMENDED CONFLICT OF INTEREST CODE APPENDIX OF DESIGNATED POSITIONS DEPARTMENT/POSITION DISCLOSURE CATEGORY City Attorney's Office: Assistant City Attorney 1 Associate City Attorney 1 Deputy City Attorney 1 1 Deputy City Attorney 11 1 City Manager's Office: Administrative Analyst I Risk 1 Administrative Analyst III CMO 1 Assistant City Manager 1 Assistant to the City Manger 1 Assistant City Clerk 1 Assistant Director of Technology Services 1 Benefits Technician 1 City Clerk 1 Communications Engineer 1 Convention and Visitors Bureau Manager 1 Director of Technology Services 1 GIS Supervisor 1 Human Resources Manager 1 Human Resources Supervisor 1 Information Technology Supervisor 1 Management Assistant CMO 1 Risk Manager 1 Development Services Department: Assistant Building Director 1 Assistant Planning Director 1 Associate Planner 1 1 Associate Planner 11 1 Building Director 1 Building Inspector 1 1 Building Inspector 11 1 Building Inspector 111 1 Building Inspector III - Electrical Specialist 1 Page 1 of 6 09/19/1 CC C T Building Inspector III - Plumbing and Mechanical 1 Specialist Building Plan Check Engineer 1 Business Manager 1 Chief Code Enforcement Officer 1 Civil Engineer II 1 Civil Engineer III 1 Code Enforcement Officer 1 1 Code Enforcement Officer 11 1 Code Enforcement Officer 111 1 Community Development Coordinator 1 Community Development Technician 1 Development Services Director 1 Permit and Plan Check Manager 1 Plan Checker-- Electrical Specialist 1 Plan Checker-- Plumbing & Mechanical 1 Specialist Plan Checker-- Residential Specialist 1 Planning Director 1 Principal Planner 1 Financial Services Department: Accountant 1 2 Accountant 11 1 Accounting Supervisor 1 Assistant Finance Director 1 Buyer 1 2 Buyer 11 2 Finance Director 1 Financial Investigator 1 2 Financial Investigator 11 2 Purchasing Officer 1 Real Property Agent 1 2 Real Property Agent 11 2 Real Property Manager 1 Fire Department: Business Manager 1 Deputy Fire Chief 1 Director of Fire Prevention/Environmental 1 Services Fire Battalion Chief 1 Fire Captain - Das 1 Fire Captain - Suppression 1 Fire Chief 1 Page 2 of 6 09/19/1 CC C T 7 Fire Marsha I/Training Officer 1 Fire Plans Examiner 1 Fire Prevention Environmental Officer 1 Hazardous Materials Specialist 1 Maintenance Craftworker II 2 Supervising Fire Dispatcher 1 Police Department: Assistant Police Chief 1 Business Manager 1 Communications Operations Supervisor 1 Police Captain 1 Police Chief 1 Police Crime Lab Supervisor 1 Police Lieutenant 1 Public Works Department: Assistant Superintendent- Streets 1 Assistant Public Works Director 1 Assistant to the Public Works Director 1 Business Manager 1 Civil Engineer III 1 Civil Engineer IV 1 Construction Inspector 1 1 Construction Inspector 11 1 Construction Superintendent 1 Fleet Superintendent 1 General Services Superintendent 1 Maintenance Craftworker 11 1 Parts and Inventory Specialist 1 Public Works Director 1 Public Works Operations Manager 1 Solid Waste Director 1 Solid Waste Superintendent 1 Street Maintenance Superintendent 1 Supervisor 1 1 Supervisor 11 1 Traffic Engineer 1 Wastewater Manager 1 Wastewater Superintendent 1 Rabobank Arena Theater & Convention Center: Special Events Manager- Rabobank 1 Page 3 of 6 09/19/1 CC C T 5 Recreation & Parks Department: Assistant Director of Recreation and Parks 1 Business Manager 1 Director of Recreation and Parks 1 Park Construction & Facilities Planner 1 Parks Superintendent 1 Supervisor 1 1 Supervisor 11 1 Water Resources Department: Business Manager 1 Civil Engineer 111 1 Supervisor 1 1 Supervisor 11 1 Water Resources Director 1 Water Resources Manager 1 Water Resources Superintendent 1 Page 4 of 6 09/19/1 CC C T BOARDS/COMMISSIONS/AGENCY/CORPORATIONS DEPARTMENT/POSITION DISCLOSURE CATEGORY Board of Building Appeals: Members 1 Board of Zoning Adjustment: Members 1 Alternate Members 1 Fire Department Civil Service Board: Members 1 Miscellaneous Departments Civil Service Board: Members 1 Police Department Civil Service Board: Members 1 Fire Department Pension Board: Members 1 Handicapped Appeals Board: Members 1 Bakersfield Water Board: Members 1 Historic Preservation Commission: Members 1 Public Financing Authority (J.P.A): Members 1 Page 5 of 6 09/19/1 CC C T All Departments, Commissions, and Committees: Consultants 1 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties based upon that description, and a statement of the extent of disclosure requirement. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. APPENDIX OF DISCLOSURE CATEGORIES Persons in the following categories must disclose as follows: Category: Disclosure: 1 . All investments and business positions in business entities, sources of income, loans and gifts, and all interests in real property within two miles of the boundaries of the City of Bakersfield, and all interests in real property within two miles of any land owned or used by the City of Bakersfield. 2. Investments and business positions in business entities and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Bakersfield, and all loans and gifts from such entities. 3. All investments and business positions in business entities, sources of income, loans and gifts, and all interests in real property within two miles of the redevelopment project area. 4. All investments and business positions in business entities, and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the Public Financing Authority, all loans and gifts from such entities, and all interests in real property within two miles of land owned or used by the Public Financing Authority. Page 6 of 6 09/19/1 CC C T 1 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Resolutions d. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/31/2018 WARD: Ward 6 SUBJECT: Resolution determining that parts required for two septage processing units located at Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,000. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Wastewater Treatment Plant No. 3 has two septage receiving stations that process the septage prior to discharge into the septage storage tank and eventually to the headworks. Each septage receiving station consists of a rock trap and a septage processing unit to remove rocks, gravel, rags, and other harmful inorganic material. Processing the septage prior to discharge to the septage storage tank is a critical step that protects equipment from large debris typically found in septage. The septage processing units have been in continuous use without any major maintenance or repair since their installation during the 2007 plant expansion. During recent inspections, major components of the processing units have shown significant wear and tear and loss in efficiency. Rehabilitating the units at this time will improve the effectiveness of the coarse solids capture process and will prevent high concentrations of solids from impacting the performance of the treatment process. The City contacted Huber, the sole source provider for ROTOMAT Perforated Plate Screen and related parts in the City's geographical area, and received a quote for the required parts. Given the critical nature of the septage processing units to the operation of the treatment system, City staff recommends dispensing with bidding procedures and authorizing the purchase of the required replacement parts. Sufficient funds are budgeted within the Sewer Enterprise Fund; therefore, there is no impact to 09/19/1 CC C T 2 the General Fund. ATTACHMENTS: Description Type D ReSdUdOlrl Resokltblrl D ExhbUk ExhNt 09119118CCAGENDAPACKETPG 63 RESOLUTION NO. RESOLUTION DETERMINING THAT PARTS REQUIRED FOR THE SEPTAGE PROCESSING UNITS LOCATED AT WASTEWATER TREATMENT PLANT NO. 3 CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, NOT TO EXCEED $60,000. WHEREAS, Wastewater Treatment Plant No. 3 (WWTP3) has two septage receiving stations that process the septage prior to discharge into the septage storage tank; and WHEREAS, each septage receiving station consists of a rock trap and a septage processing unit to remove rocks and gravel, and to capture coarse solids respectively; and WHEREAS, the parts of the septage processing units are manufactured by Huber Technology, Inc. (Huber); and WHEREAS, Huber is the sole distributor of ROTOMAT Perforated Plate Screen and its parts installed in the septage processing units located at WWTP3 (letter attached hereto as Exhibit A and incorporated by reference herein); and WHEREAS, WWTP 3 is in need of purchasing replacement parts including but not limited to rakes, scrapers, baskets, and perf plates, for which Huber has submitted a quote; and WHEREAS, the Public Works Director recommends the Council find the purchase of replacement parts for the septage processing units located at WWTP 3 can only be reasonably obtained from Huber, because Huber is the sole distributor of the required parts for the City's geographical area, and recommend the Council dispense with bidding requirements, in accordance with subsection D.2 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. Based on the facts included in the above recitals, the purchase of the required replacement parts can only be reasonably obtained from Huber, because Huber is the sole distributor of the required parts for the City's geographical area. 3. The expenditure of funds for required parts shall not exceed Sixty Thousand Dollars ($60,000). SAPlant 3\Contracts\Huber\Huber Resolution final.docx Page 1 of 2 09119118CCAGENDAPACKETPG 64 4. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: RIVERA,GONZALES,WEIR,SMITH, FREEMAN,SULLIVAN,PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II S:\Plant 3\Contracts\Huber\Huber Resolution final.docx Page 2 of 2 09119118CCAGENDAPACKETPG 65 EXHIBITA HUBER 6 N'2_1�11111_ �' �� WASTE WATER Solutions August 17,2018 City of Bakersfield 6901 McCutchen Rd Bakersfield,CA 93313 Subject:Sole Source Letter City of Bakersfield,CA(David Weatherly), This letter serves as a sole source document for products manufactured by Huber 5E,HydroPress Huber AB and Huber Picatech AO. Huber Technology, Inc.based in HuntersviIle NC is the only vendor of ROTOMAT°Perforated Plate Screen and parts for the ROTO.MAT® Perforated Plate Screen. Replacements parts for the ROTOMAT®Perforated Plate Screen manufactured by Huber SE are unique in design based on more than 20 years of application experience. Material selection is critical for the life expectancy of these parts and your ROTOMATI Perforated Plate Screen.The prosper parts design and parts manufacture ensures the lowest possible life-cycle cost for your ROTOMAT 1. Huber Technology Inc. is a subsidiary of the original manufacturer, Huber SE and the only source for the parts in the United States and Canada.Any warranty on your ROTOMAT®Perforated Plate Screen is void if non-factory parts are used. To the best of my our knowledge,no other vendor manufactures and distributes these or slmllar items. In addition to supplying spare parts for your ROTOMAT"Perforated Plate Screen, Huber Technology, Inc. also offers full service and repair services for your ROTOMAT® Perforated Plate Screen. Please let me know should you need further details. Yours faithfully, Josh Dobbs Aftermarket Sales Manager 1 USA 09/19/1 CC C T f ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/29/2018 WARD: Ward(s) 1, 2 SUBJECT: Resolutions of Intention (ROI)to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1980 adding Area 4-185 (2430 G Street)—Ward 2 2. ROI No. 1981 adding Area 4-186 (1226 L Street)—Ward 2 3. ROI No. 1982 adding Area 4-187 (101 Mt. Vernon Avenue)—Ward 1 STAFF RECOMMENDATION: Staff recommends adopting the resolutions. BACKGROUND: Written requests have been received by the City Engineer from the owner(s) of the parcels to be included into the consolidated maintenance district as required by section 13.04.021 of the Municipal Code. Inclusion in the consolidated maintenance district will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. The City received a letter from the owner(s) of the properties described above that waives the public hearing concerning inclusion in the consolidated maintenance district. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the consolidated maintenance district and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's Office upon approval of this resolution. City staff recommends the new territories be added to the consolidated maintenance district at the next City Council meeting. 09/19/1 CC C T 7 ATTACHMENTS: Description Type D RG#1980 adding/kirea 4 185 to the CW'.) Resokltblrl D �M D 4 185 Exhbtl Exhbt D �M D 4 185 Exhbt/k Exhbt D D 4 1(135 Exh lb t IB Exhbt D D 4 1(135 Exh lb t C Exhbt D D 4 1(135 Exh lb t D Exhbt D D 4 1(135 Exh lb t E Exhbt D D 4 1(135 Exh lb t F Exhbt D RG#1981 adding/kirea 4 186 to the CW'.) Resokltblrl D D 4..'186 Exhbtl Exhbt D �M D 4 186 Exhbt/k Exhbt D �M D 4 1(136 Exh lb t IB Exhbt D D 4 1(136 Exh lb t C Exhbt D D 4 1(136 Exhbt D Exhbt D D 4 1(136 Exhbt E Exhbt D D 4 1(136 Exhbt F Exhbt D RG#1982 adding/kirea 4 187 to the CW'.) Resokltblrl D �M D 4..'t8'7 Exhbtl Exhbt D D 4..'t8'7 Exhbt/k Exhbt D D 4 187 Exhbt IB Exhbt D D 4 187 Exhbt C Exhbt D D 4 187 Exhbt D Exhbt D D 4 187 Exhbt E Exhbt D D 4 187 Exhbt F Exhbt 09119118CCAGENDAPACKETPG 68 RESOLUTION OF INTENTION NO. 1980 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-185 (2430 G STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-185 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1 ," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-185\R0I 1980 EST.docx Page 1 of 3 09/19/1 CC C T b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; c) The benefit formula attached hereto as Exhibit "C"; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1 . The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-185\R0I 1980 EST.docx Page 2 of 3 09/19/1 CC C T 70 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA,GONZALES,WEIR,SMITH, FREEMAN,SULLIVAN,PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-185\110I 1980 EST.docx Page 3 of 3 09/19/1 CC C T 71 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-185 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2430 G Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-185\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09/19/1 CC C T 72 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 AMD 4-185\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09/19/1 CC C T 73 LEGAL DESCRIPTION Area 4-185 An area located in Section 25, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 18-0208 2430 G Street Bakersfield California Containing: 0.74 Acres, more or less. EXHIBIT A 09119118CCAGENDAPACKETPG 74 MAP AND ASSl�::::::::SSMEN r DIAGRAM FOR ADDITION OF TERRITORY (AREA 4 185) TO rHIE CONSOLIDATED MAINTENANCE DISTRIc r BAKERSFIELD, CALIFORNIA MD 4-185 .................................................. ............ ............... ......... .... .............. NOT TO SCALE EXHIBIT 'B" L 09119118CCAGENDAPACKETPG 75 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-IA 1 Commercial/Industrial/Mixed Use:6 EDU per gross acre R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre R-S-SA 0.2 R-S-10A 0.1 09/19/1 CC AGENDA `C _F 7 MAINTENANCE DISTRICT AREA 4-185 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) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D 09119118CCAGENDAPACKETPG 77 MAINTENANCE DISTRICT AREA 4-185 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Assessor's Tax No. Total amount to be collected for FY (2018-2019) 001-282-05-00-8 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT E 09/19/1 CC C T 7 wll cJlu! SiOl°m of a SUbldi ui iot'i hli ) the p':;ons(,')hchatsd 10aintenaui ce dui tlic August 16, 2028 ,,m&py of Bakm..r upeW, f=w;mp. k Works' Il.wi qxiiiuimw.0 1600 pmmaAuuia Av¢..rn`pa c, Ba u° Wom.ki m., Hlr,mi mnIa 93301 Dear Rk WHk RE: Illiunlupiu.io icnmi cmf (m,hmHut;e Q.)mno No. ,t Consolidated 110writenance Chstfict (CMD) "ppa m.umn"wpnr�.�t�q��P, as omms otMe p nl-Ny hcWded vvIr ,hir� �,lclwowe (nw o>f% Wot inj,) Pr'4'w'.Nl"7p PAL AlL.01912.!..1..."'1d.' " hempopr aoTiest that the propeNy bo induded mMhhi CNE1. Thk mqua..t 5 in accmdam roiflh of Mm cc ip ad Code Se dPOn 1314 020 E nu":los d Is a Wmrm°$871 as rm.quiirod by the m:pKy to cove upne coMs o thh pliuuh,.ui n onip)ppnE, Pp r4°>m.pu,um sped, o.u.um`emnp.paanec, ir wwvmflp s,,�pppy p w wpppt a cx'ma'npmup„r cfi8 ,p" fmp ffnuuwpw lnan Y(',mu.mr an;(—". V"Ye ummn,pa.rskiund p.hat u.euum ;r p'ircsp°") Mon 218 and Gn3vwnmareM COW sa aapkwn 5 753 mUIL7pmNumpOW Ilawmrl, a Cly Council heaNn,j °arm M be hKd p+ma pnduMomm of mdu,dI mg Me ahova pwporly wilhin the Q.TAD and mepowrnia iRng PJrv:ti srnnmu�i..up o pAl 4ue wop.y waNc cm r ngll W [mve a hewhq %TNn Me Ummne p.,sammetus sO pos°flh wrs ph(",; B,,,sw, pa c,, Wrtlfc r iauu�ur;�pw.m�,lls�onrt�;p pWmu.O phu„ du4oao"smmmp i 3, Sm Ilm(.w.pUpm d p(N�........ . aiI 1 501I "Firuxpm.i,mn Avc, , Bmwka,rspnePki, CA pu)3,30 w'Wln fu Ou.F mmglh t k) ftflphc� nm 0c,'e cwppp�u�u0 k�a>m�irni um,p. U 'o ^!Npwa i:.p0�upp'g�, Ma n mrpm r IWp4 70&3 737 RA l d_1 Rr% I=vhihit G 09/19/1 CC C T 7 RESOLUTION OF INTENTION NO. 1981 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-186 (1226 L STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-186 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1 ," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A"; SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-186\R0I 1981 EST.docx Page 1 of 3 09/19/1 CC C T 0 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; c) The benefit formula attached hereto as Exhibit "C"; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1 . The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-186\R0I 1981 EST.docx Page 2 of 3 09/19/1 CC C T 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA,GONZALES,WEIR,SMITH, FREEMAN,SULLIVAN,PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-186\110I 1981 EST.docx Page 3 of 3 09/19/1 CC C T82 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-186 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1226 L Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-186\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09/19/1 CC C T 3 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 AMD 4-186\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09119118CCAGENDAPACKETPG 84 LEGAL DESCRIPTION Area 4-186 An area located in Section 30, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 18-0228 1226 L Street Bakersfield California Containing: 0.14 Acres, more or less. EXHIBIT A 09119118CCAGENDAPACKETPG 85 MAP AND ASSl�::::::::SSMEN r DIAGRAM FOR ADDITION oiF rElFiRITORY (AREA 4-186) ro 11FHE CONSOLIDATED MAINTENANCE DISTRIc r BAKERSFIELD, CALIFORNIA to to -14TH ST. M D 186 Ll ::f Ll CALIFORNLA AVE, F NOT TO SCALE EXHIBIT 'B" 09119118CCAGENDAPACKETPG 86 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-IA 1 Commercial/Industrial/Mixed Use:6 EDU per gross acre R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre R-S-SA 0.2 R-S-10A 0.1 09/19/1 CC AGENDA `C _F 7 MAINTENANCE DISTRICT AREA 4-186 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) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D 09119118CCAGENDAPACKETPG 88 MAINTENANCE DISTRICT AREA 4-186 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Assessor's Tax No. Total amount to be collected for FY (2018-2019) 006-440-19-00-6 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT E 09/19/1 CC C T 9 LAW' OFFICEO FMAI SHAWN/A, Si 236683 Maket-sfield, CA 1)3301 1226, 1, Strect Tel (66 t 132--.7577 Fax (661) 240-9032 ........................ ................... ............. ................... J hy 3(), 2()18 RE- linclusion of A,rN 006440-19-6 in a Consolidated Maintenance District (CMD) City of Bakersfie�d - IPuabHc Works Depaftrneril AttmDariiel PadiHa 1600 Truxtt,iin Avenue Bakersfield, Calffornia 93301 Dear Mr, Padffla.' VVe, tl"ue Undersigned, as owners of the property inCkided wnth in ATN 006-440-19 6 heireby reqUest that the property be imhUded wuthin the CMD -nits request us hn accordance with the requirements ofBakersfie�d %Jnicipap Code uta eclfic,-)n 13,0 4.021 Encliosed us a check for $ 87'h 00 as required by the City to cover the costs of this in&uSkMl into the CME), If requested, OUr engineer v0H SLJPPhy YOU wnth a (-;ompint er- disOP Y Of thE� r'nap for your Use V,le u,mderstand that uiridier F'roposition 2,18 and Government Clode secfion 53753, ("applicable haw"), a City COLMCH flearing wHI be [field or purposes of inck,jding the above property within the CMD arid deterrNning the amount of assessiments, We hereby waNe C)Lff right tau 1,u@ve a hearing wftl-uin the firne pairarneters set forth in the appHcabhe haw, VVe fUd'hier understand that the hearing is schedL,fled for August 15, 2018 at 5,15 sur the COUInCH Chaff'Oers h( at rt at 1501 1-1ruxtun Ave- Bakersfield, CA 93301. We hereby war�ve our hghtt,0 fUrther notice of tha,t hew hng RespeCtfUlly, Mah Shawwa Owner Mr) d_1RRI=vhihif P 09119118CCAGENDAPACKETPG 90 RESOLUTION OF INTENTION NO. 1982 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-187 (101 MT. VERNON AVENUE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4-187 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1 ," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A"; SAPROJECTSWAINDIST\Formation Documents\Area AMD 4-18AR0I 1982 EST.docx Page 1 of 3 09/19/1 CC C T 1 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; c) The benefit formula attached hereto as Exhibit "C"; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1 . The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. SAPROJECTSWAINDIST\Formation Documents\Area AMD 4-18AR0I 1982 EST.docx Page 2 of 3 09/19/1 CC C T 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: COUNCILMEMBER RIVERA,GONZALES,WEIR,SMITH, FREEMAN,SULLIVAN,PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-187\110I 1982 EST.docx Page 3 of 3 09/19/1 CC C T 3 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-187 Fiscal Year 2018-2019 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 101 Mt. Vernon 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 AMD 4-187\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09119118CCAGENDAPACKETPG 94 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 AMD 4-187\PW DIRECTOR'S REPORT.docx EXHIBIT 1 09119118CCAGENDAPACKETPG 95 LEGAL DESCRIPTION Area 4-187 An area located in Section 34, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 18-0234 101 Mt. Vernon Avenue Bakersfield California Containing: 4 Acres, more or less. EXHIBIT A 09119118CCAGENDAPACKETPG 96 MAP AND ASSl�::::::::SSMEN r DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-187) TO THE CONSOLIDATED MAINTENANCE DISTRIc r BAKERSFIELD, CALIFORNIA TEW M 7 -E, BMAGE 11A To�ur ................ OFF 8� MT� VERWW v C*4 FAB, ............................ ...................... //////.......... .... ........... a Aor ...................................... .. .... . „o.. ..... ........... =-`68 E &W"TOR MT., VERNON RAMP....................... .............-1.......... ........11 ---f. ---- cd ................................................................................ NOT TO SCALE EXHIBIT 'B" 09119118CCAGENDAPACKETPG 97 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-IA 1 Commercial/Industrial/Mixed Use:6 EDU per gross acre R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre R-S-SA 0.2 R-S-10A 0.1 09/19/1 CC AGENDA `C _F 9 MAINTENANCE DISTRICT AREA 4-187 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) ** $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ** Previous Years Deficits No Longer Carried Forward. EXHIBIT D 09119118CCAGENDAPACKETPG 99 MAINTENANCE DISTRICT AREA 4-187 ASSESSMENT ROLL FISCAL YEAR 2018-2019 Assessor's Tax No. Total amount to be collected for FY (2018-2019) 141-300-07-00-6 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT E 09/19/1 CC C T 100 i, STOR(MEAr M65 VV. ASWAN OVE., FRESNO, " 3 2 .. (559) - 0 RM ( 9) ZZ41984 I nonlonisio rn of oubdivi io r into the Consolidated arrr°torormn nce District Cuty of Bakersfield P: .nbk Works DTwp rtl:n.ie nt '16010 Truoxtun AverlUe Brnk'.r, fuo ld, Caffo.ou nia 93301 Dear Mr, Po dMa: RE, Inclusion of bite Planevie 18-0234 rr a Consolidated o lichee o ulrite nano District C � ) We, the urviersgne , as owners of the f) opert �nciuded within Site Plan Review 18-0234 hereby r�o»ro onest that the property be uricl uded witN n the CMD.. IN uorbqu,es us qraccordance wutlhn the reqirrernents of Bake mfieM IYCuinoicipa� Code Secfir:000 1104.021. Enc�osed err a check for $871.00 as uon"qua red by the ('.uty to cover the COStor Of th'S uIICJu,SiOrn into the CMD. ff requested, our engineer uflfl r"n.nlho)[fl ( YOU wnth a worn pUten..disk copy of the mmp for your use, We onrnd ,r tan'nd that under Pron no su bonnn 2,18 and Government Code section 5375 ("applicable flaw"), a City Cornwnu° cH hearing vvM be hed for purposes e of into uding the above property wflftn the CMD arid determining the amount of nwnsso. µ;,mernt,n Vve hereby uoro unoe oru,nr right to have a floorarflu-n g M hniin the tur�nn n pararrreters set fi°r,rthn or) the appficabe law. ' e fUrthel� ° rnr"no eront n d th ca the hruru a�. �� ns flrlled fir.... . ... ...�" 20 .... at 5,115 w n the Coour°ncH Chnrnbero" flocated at 1501 T nn.o :tunru Ave.,, BakersfieU, CA 93301, We hereby waive o;ou,or. rung to further notice of that Ihonrrn nn°ng, Respectfiflly, Derrel A, Ridenour r President of Ridenorunrr Eriterprises, p nc. MI'1 d_1 R7 I=vhihit G 09/19/1 CC C T 11 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/28/2018 WARD: Ward(s) 1, 6 SUBJECT: Agreement with BC Laboratories, Inc. ($128,812), for laboratory services for the Public Works Department, Wastewater Division. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Public Works Department, Wastewater Division, is required to regularly collect and analyze samples from Wastewater Treatment Plant No. 2, Wastewater Treatment No. 3, the Pre- Treatment Program, groundwater monitoring wells, and other compliance monitoring related projects. These laboratory results are submitted to federal and state monitoring agencies and must be performed by a certified laboratory. Since the City's wastewater laboratories are not certified in all of the required fields of testing, the Wastewater Division issued a request for proposals for laboratory services on July 17, 2018. On August 21, 2018, the City received a proposal from one contractor, BC Laboratories, Inc. (Bakersfield, CA). The proposal submitted by BC Laboratories, Inc., demonstrates the contractor is qualified to provide the services required. City staff recommends approval of an agreement with BC Laboratories, Inc., based on the laboratory's certification and fee proposal being the most favorable to the City. The term of the proposed agreement is two years. Sufficient funds are budgeted from the Sewer Enterprise Fund for award of this agreement; therefore, there is no impact to the General Fund associated with this agreement. ATTACHMENTS: Description Type D fm"xhilllailY k RFP fm"xhlNt D fm"kNlNtIB Pirqpo°vafm"xhlNt 09/19/1 CC C T 12 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and BC LABORATORIES, INC. ("CONTRACTOR"). RECITALS WHEREAS, CITY issued a Request for Proposals (RFP) dated July 17, 2018 and CONTRACTOR submitted a proposal in response to the RFP concerning Laboratory Services for Wastewater Division; and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced,well qualified and a specialist in the field of analytical testing services; and WHEREAS, CITY does not have expertise currently on staff to conduct all required analytical testing; and WHEREAS, CITY's Wastewater treatment laboratories are not certified for every field of analytical testing; and WHEREAS, CITY must submit reportable laboratory results to state and federal monitoring agencies. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: perform various laboratory analyses on samples collected from Wastewater Treatment Plant No. 2, Wastewater Treatment Plant No. 3, Pre-treatment program, Groundwater monitoring and any other Wastewater Division related projects. A detailed scope of work and specific analyses to be performed are listed in the RFP, attached hereto as Exhibit A and incorporated by reference herein. The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, INDEPENDENT CONTRACTOR'S AGREEMENT Page 1 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.docx August 22,2018 09/19/1 CC N C T 103 whether specifically included in the Scope of Work or not. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): A total payment of One Hundred Twenty Eight Thousand Eight Hundred Twelve Dollars ($ 128,812.00) which shall be paid as follows: upon successful completion of laboratory services as requested by the Wastewater Division and at the rates specified in the proposal submitted by the CONTRACTOR, attached hereto as Exhibit B and incorporated by reference herein. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $ 128,812.00 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 30, 2020. The agreement may be extended for one additional one-year period at the CITY's option and upon mutually agreeable terms. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and INDEPENDENT CONTRACTOR'S AGREEMENT Page 2 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.docx August 22,2018 09/19/1 CC C T 104 is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein. 12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771 .1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid INDEPENDENT CONTRACTOR'S AGREEMENT Page 3 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.Hocx August 22,2018 09/19/1 CC C T 105 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. 15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations INDEPENDENT CONTRACTOR'S AGREEMENT Page 4 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.Hocx August 22,2018 09119118CCAGENDAPACKETPG 106 coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less than $1 ,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861 , CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means INDEPENDENT CONTRACTOR'S AGREEMENT Page 5 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.Hocx August 22,2018 09/19/1 CC C T 107 including other insurance or which is intended to defeat the intent or protection of an additional insured. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for INDEPENDENT CONTRACTOR'S AGREEMENT Page 6 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.Hocx August 22,2018 09/19/1 CC N C T 108 CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. INDEPENDENT CONTRACTOR'S AGREEMENT Page 7 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.Hocx August 22,2018 09/19/1 CC N C T 109 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be INDEPENDENT CONTRACTOR'S AGREEMENT Page 8 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.docx August 22,2018 09/19/1 CC N C T 110 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: BC LABORATORIES, INC. 4100 Atlas Court Bakersfield, CA 93308 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-2744170 CONTRACTOR is a corporation? Yes X No (Please check one.) INDEPENDENT CONTRACTOR'S AGREEMENT Page 9 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.docx August 22,2018 09/19/1 CC C T 111 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BC LABORATORIES, INC. By: By: KAREN GOH Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A, B Insurance documents INDEPENDENT CONTRACTOR'S AGREEMENT Page 10 of 10 S:\Enaineerina\Annual Contract&Request For Proposal\RFP Laboratory Services\201MAoreemenf 9018.docx August 22,2018 09/19/1 CC N C T 112 EXHIBIT �O� BAKES Request for Proposals (RFP) �yOONPORATfO �� d Laboratory Services for Wastewater Division Bakersfield, California ,. July 17, 2018 Contractors wishing to be considered for this project should thoroughly read this Request for Proposals (RFP). Information required to be provided in a Proposal Package is detailed in Section V. Contractors submitting a Proposal Package must do so in accordance with the requirements of Section V. As required by section VIII, a signed copy of the enclosed sample agreement must be submitted with a Proposal Package. I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS The City of Bakersfield Public Works Department is seeking a contractor with substantial experience and background in performing laboratory analyses. The department desires to enter into an agreement with a local laboratory for performing various laboratory analyses for the Wastewater Division for a two-year period. The samples to be analyzed will be from Wastewater Treatment Plant No. 2 (WWTP 2), Wastewater Treatment Plant No. 3 (WWTP 3), Pre-treatment program, Groundwater monitoring and any other Wastewater Division related projects. The term of agreement shall be for a two-year period from the effective date of the Agreement and may be extended in accordance with the provisions of this RFP for one additional one-year period. For the purpose of this RFP, the term "Contractor" and "Laboratory" are interchangeable and refer to the qualified laboratory hired to provide the services. The Contractor shall execute the work in a timely manner. Failure to respond by completing the work in a timely manner may result in termination of the Agreement. II. SERVICES TO BE PROVIDED BY THE CONTRACTOR(SCOPE OF WORK) The Laboratory shall receive samples from the Wastewater Division, including WWTP 2, WWTP 3, Pre-treatment program, Groundwater monitoring and any other Wastewater Division related projects. The laboratory analyses to be performed and the estimated number of analyses per year are listed on the Laboratory's Billing Rates (Attachment RFP-2). The Laboratory is to provide appropriate sample bottles and ice chests to collect and transport all samples. The Laboratory shall have a drop off location for samples within the City limits and shall be able to accept all samples until 3:00 p.m. Monday through Friday, and until 12:00 p.m. on Saturdays, Sundays and holidays. Sampling projects include: A. WWTP 3 daily coliform sampling of tertiary effluent, including weekends and holidays. The fee for coliform analysis is to be a flat rate for the duration of the Agreement; there shall be no additional charges or fees associated with weekends and/or holidays. B. Quarterly groundwater monitoring sampling for WWTP 2 and WWPT 3 and annual groundwater monitoring sampling for the 1-5 Site. The City's Groundwater Monitoring SAEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Page 1 of 30 09119118 CC AGENDA PACKET PG 113 Laboratory Services for Wastewater Division RFP and Reporting Contractor will collect all groundwater monitoring samples and deliver the samples to the Laboratory for analysis. Laboratory will send final groundwater lab reports to the City's Groundwater Monitoring and Reporting Contractor; the associated invoices will be sent directly to the City for payment. There shall be no mark-up on samples submitted by the Groundwater Monitoring and Reporting Contractor. C. Monthly and quarterly sampling of secondary effluent for WWTP2. D. Monthly sampling of secondary and tertiary effluent for WWTP 3. E. Biosolids sampling for WWTP 2 and WWTP 3. F. Annual sampling of primary, secondary and tertiary effluent; raw, digested, and activated sludge; and biosolids for the Pre-treatment program. G. Compliance sampling of industrial users' discharge for the Pre-treatment program. H. Miscellaneous sampling conducted for Wastewater Division projects. III. TIME SCHEDULE FOR THE PROJECT The Contractor shall execute its work in a timely manner for all sampling projects. Final laboratory reports shall be available no later than four weeks after sample drop off to the Laboratory. IV. FEE PROPOSAL There will be no minimum payment in connection with this agreement. Request for payment of services shall be billed, with an itemized invoice, to the City in accordance with the rates in the Laboratory's Billing Rates which is submitted in response to this RFP. The Laboratory's Billing Rates list multiple test methods for some analytes, the Proposer shall only select one test method and provide the rate for the selected test method. The Laboratory's Billing Rates submitted with this RFP shall be held constant throughout the term of this Agreement. No "cost of living" or other similar increases of the hourly rates will be allowed. All charges shall be shown as multiples or fractions of the rates in that schedule. The Contractor will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.All applicable work shall be subject to prevailing wages in accordance with the State of California Department of Industrial Relations. V. SUBMITTAL OF PROPOSAL Contractors responding to this RFP must include the following items in their submittal package: A. One copy of the completed "General Information Sheet" (Attachment RFP-1) signed by a company official; and B. One signed copy of the Draft Independent Contractor's Agreement for this project (refer to Section VIII, "CONTRACT DOCUMENTS", of this RFP); and S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa�of 2n 09/19/1 CC C T 114 Laboratory Services for Wastewater Division RFP C. One copy of the completed "Laboratory's Billing Rates" (Attachment RFP-2). The submittal items must be placed into a sealed envelope bearing Proposer's name and the words Proposal for Laboratory Services for Wastewater Division Bakersfield, California Before 3:00 p.m. on Tuesday, August 21, 2018, the submittal package must be delivered to: Sameena Gill, Engineer I Public Works Wastewater Division 6901 McCutchen Road Bakersfield, California, 93313 The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the Proposer's responsibility to meet the deadline stated above. Submittals which do not contain the required documents and all the information requested in this RFP may be considered non-responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non- responsive. Fax copies will not be accepted. VI. SELECTION OF CONTRACTOR The Contractor shall have qualified professional staff and the necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFP. Selection process will be based on the City's evaluation of the Laboratory's Billing Rates. The City will award contract to one Laboratory after reviewing all of the Laboratory's Billing Rates submitted. The submission of a proposal shall be conclusive evidence that the contractor has investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield. VII. SOLICITATION CAVEAT The Proposer understands and agrees that the City of Bakersfield shall have no financial responsibility for any costs incurred by the Proposer in responding to this Request for Proposals and shall not be liable for any Proposer costs attributed to its own study and investigation or design of a specific project until the Proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Proposals after three (3) days' notice to all prospective Proposers. S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paas 2 of 2n 09/19/1 CC C T 115 Laboratory Services for Wastewater Division RFP VIII. CONTRACT DOCUMENTS A sample copy of the City's INDEPENDENT CONTRACTOR'S AGREEMENT is included as Attachment RFP-3. Please review the agreement carefully. This is the contract the Contractor will be expected to execute without alteration. If any changes are desired to be considered, the Proposer must submit a copy of the requested modifications to the City for approval at least seven (7) calendar days prior to the date that Statements of Qualifications are due. If approved, the City will then issue the changes to all prospective contractors prior to the due date. An officer of Proposer must sign and return this sample contract with its submittal. The signature indicates that Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation of proposals. That indemnity clause reads as follows: "CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct." An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. Proposer must review the sample agreement carefully prior to signing it. "I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City's RFP. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFP." The Contractor shall not be allowed to alter or negotiate contract language after the submittal of Contractor's proposal. Failure to execute the contract without alteration may result in the rejection of the Contractor's proposal and the retaining of a different contractor by the City. At the time of contract execution, the Contractor will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement. IX. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the project, the submittal of a proposal, the City's review and evaluation of the proposals, and the City's selection of a contractor for this project should be directed to: S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa d of 2n 09/19/1 CC C T 116 Laboratory Services for Wastewater Division RFP Sameena Gill, Engineer I Public Works Wastewater Division 6901 McCutchen Road Bakersfield, CA 93313 Phone: 661-326-3249 Email: sgill@bakersfieldcity.us X. ATTACHMENTS TO THIS RFQ/P The following documents are attachments to this RFQ: Attachment RFQ-1 -- General Information Sheet Attachment RFQ-2 — Laboratory's Billing Rates Attachment RFQ-3 -- Sample Agreement S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paas 5 nf2(1 09/19/1 CC C T 117 Laboratory Services for Wastewater Division RFP O� ,BKE� Attachment RFP-1 -- General Information Sheet NIAR T&d � Laboratory Services for Wastewater Division c Bakersfield, California ALLF'OR�� Date: Legal Name of Firm: Type of Organization: Individual, Partnership or Corporation For corporations, the state in which the firm is incorporated: Federal Employer I.D. Number: Street Address: Mailing Address: Telephone Number: Facsimile Number: Contact Person: Name Phone Number E-Mail Name of Principal-in-charge Title License Number Signature of an officer of the firm Title Date S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paas(.of 2n 09/19/1 CC C T 11 Laboratory Services for Wastewater Division RFP �AKE� OAttachment RFP-2 -- Laboratory's Billing Rates ��CORPaR9�6p �� Laboratory Services for Wastewater Division Bakersfield, California Bacteriological 111111111111,111 IM I IM Total Coliform Chlorinated SM 9221 B 365 WW Total General Chemistry Total Alkalinity as WW, GW EPA 310.1 91 CaCO3 Ammonia as N Sludge EPA 350.1 6 Ammonia as N WW, EPA350.1, 130 Chlorinated SM 4500-NH-3 G, WW, GW SM 4500-NH3 B Ammonia as N Solid EPA 350.1, 10 SM 4500-NH3 G Anion /Cation GW 72 Balance Biochemical WW SM 5210 B 23 Oxygen Demand Bicarbonate WW, GW EPA 310.1 91 Carbonate WW, GW EPA 310.1 91 Calcium WW EPA 200.7 1 SM 3120 B SM 3111 B Calcium Sludge EPA 6010B b Dissolved Calcium WW, GW EPA 200.7 84 Total Recoverable WW EPA 200.7 7 Calcium S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paas 7 of 2n 09/19/1 CC C T 119 Laboratory Services for Wastewater Division RFP General Chemistry Chemical Oxygen WW EPA 410.4, 30 Demand SM 5220 D Chloride WW, EPA 300.0 192 Chlorinated SM 4110 B WW, GW Chloride Sludge EPA 300.0 6 Total Cyanide Sludge EPA 9012 6 Total Cyanide WW EPA 335.4 7 Total Cyanide Solid EPA 9012 4 Hardness as WW 7 CaCO3 Dissolved WW, GW 84 Hardness as CaCO3 Electrical WW, GW EPA 120.1 168 Conductivity SM 2510 B Flashpoint WW Use 40 CFR 261.21 2 compliant method Hydroxide WW EPA 310.1 19 Magnesium Sludge EPA 6010B b Dissolved WW, GW EPA 200.7 84 Magnesium Total Recoverable WW EPA 200.7 7 Magnesium Nitrate/ Nitrite as WW EPA 353.2 24 N Nitrate as N WW, EPA 300.0 181 Chlorinated WW, GW Nitrate as N Solid EPA 300.0 4 Nitrate as N Sludge EPA 300.0 6 Nitrate as N, DI Solid EPA 300.0 6 Extract S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa R of 2n 09/19/1 CC C T 120 Laboratory Services for Wastewater Division RFP General Chemistry 111 111 IN IN 1 11011 Milli Nitrate as NO3 WW EPA 300.0 19 Nitrite as N WW EPA 353.2 7 Nitrite as N Sludge EPA 353.2 6 Nitrite as N Solid EPA 300.0 36 Non-Volatile GW EPA 415.1 116 Organic Carbon Percent Solids Sludge SM 2540G 16 Percent Solids Solid SM 2540G 10 pH WW, GW EPA 150.1, 138 EPA 200.7 pH Solid EPA 9040 10 pH Measurement Solid EPA 9040 10 Temperature Total Phenolics WW EPA 335.4 7 Total Phenolics Sludge EPA 420.4 6 Total Phosphate WW EPA 365.4 19 Total Phosphorus Sludge EPA 365.4 6 Total Phosphorus Solid EPA 365.4 10 Potassium Sludge EPA 6010B 6 Dissolved WW, GW EPA 200.7 84 Potassium Total Recoverable WW EPA 200.7 7 Potassium Sodium Sludge EPA 6010B 6 Dissolved Sodium GW EPA 200.7 116 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 9 of 2n 09/19/1 CC C T 121 Laboratory Services for Wastewater Division RFP General Chemist Total Recoverable WW EPA 200.7 7 Sodium Oil and Grease WW EPA 1664 A HEM 16 Total Petroleum WW EPA 1664 A SGT 16 Hydrocarbons Specific Gravity Sludge SM 271 OF b Sulfate WW, GW EPA 300.0 91 Sulfate Sludge EPA 300.0 6 Sulfate as SO4, DI Solid EPA 300.0 6 Extract Dissolved Sulfides WW SM 4500-S2-D 5 SM 4500-S2-E Total Sulfide Solid EPA 9030B 4 Sulfite Solid SM 4500-SO3-B 4 Total Dissolved WW, GW SM 2540 C, 158 Solids EPA 160.1 Total Kjeldahl WW, EPA 351.2 183 Nitrogen Chlorinated WW, GW Total Kjeldahl Sludge EPA 351.2 6 Nitrogen Total Kjeldahl Solid EPA 351.2 10 Nitrogen Total Nitrogen WW, GW 147 Total Nitrogen Sludge b Total Nitrogen, IC Chlorinated 36 WW / WW Organic Nitrogen WW 7 Organic Nitrogen Sludge b Total Organic Solid b Nitrogen, Solid S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Pana In nF2n 09/19/1 CC C T 122 Laboratory Services for Wastewater Division RFP General Chemistry 111 111 IN IN 1 11011 Milli Total Suspended WW SM 2450 D 23 Solids Fixed Dissolved WW EPA 160.4 1 Solids Turbidity WW EPA 180.1 1 Iodide WW EPA 9056M 1 STLC Extraction WW STLC 1 Sulfide Solids EPA 376.2 1 COD Solids EPA 410.4 1 Iodide Solids EPA 9056M 1 %Solids Solids SM 2540G 1 Bulk density/ Solids SM 271 OF 1 Specific gravity STLC Extraction Solids STLC 1 Total S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 11 nf�(1 09/19/18 CC AGENDA PACKET PG 123 Laboratory Services for Wastewater Division RFP Metals �11 11 I 111 11 K .. Aluminum WW EPA 200.7 1 SM 3120 B EPA 200.8 Aluminum Sludge EPA 6010B 6 Total Recoverable WW EPA 200.7 7 Aluminum Total Recoverable WW EPA 200.8 7 Antimony Antimony Sludge EPA 6010B 6 Antimony Solid EPA 6010B 20 Arsenic WW, GW EPA 200.8 124 EPA 200.7 SM 3120 B Arsenic Sludge EPA 6010B 10 Arsenic Solid EPA 6020, 26 EPA 6010B Arsenic, DI WET Solid EPA 6020 13 Total Recoverable WW EPA 200.8 19 Arsenic Barium WW EPA 200.8 8 EPA 200.7 SM 3120 B Barium Sludge EPA 6010B 6 Barium Solid EPA 6010B 20 Total Recoverable WW EPA 200.8 7 Barium S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1�nf�(1 09119118 CC AGENDA PACKET PG 124 Laboratory Services for Wastewater Division RFP Metals Beryllium Sludge EPA 6010B 6 Beryllium Solid EPA 6010B 20 Total Recoverable WW EPA 200.8 7 Beryllium Boron WW EPA 200.7 23 SM 3120 B SM 4500-B B Boron Sludge EPA 6010B 6 Boron Solid EPA 6010B 10 Boron, DI WET Solid EPA 6010B 6 Dissolved Boron WW EPA 200.7 12 Total Recoverable WW EPA 200.7 7 Boron Cadmium Sludge EPA 6010B 10 Cadmium Solid EPA 6010B 20 Cadmium, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Cadmium CAM 17 WW EPA 200.8 30 EPA 245.1 CAM 17 Sludge EPA 200.8 6 Chromium WW EPA 200.8 1 EPA 200.7 SM 3120 B Chromium Sludge EPA 6010B 10 Chromium Solid EPA 6010B 20 Chromium, DI WET Solid EPA 6020 12 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1�nf�(1 09119118 CC AGENDA PACKET PG 125 Laboratory Services for Wastewater Division RFP Metals �11 11 lill 111 111 .. I 111 . INK Total Recoverable WW EPA 200.8 7 Chromium Hexavalent WW EPA 218.6 7 Chromium Total Hexavalent Sludge EPA 7199 6 Chromium Total Hexavalent Solid EPA 7199 10 Chromium Trivalent WW 7 Chromium Trivalent Sludge 6 Chromium Cobalt Sludge EPA 6010B 10 Cobalt Solid EPA 6010B 20 Total Recoverable WW EPA 200.8 7 Cobalt Copper WW EPA 200.8 4 EPA 200.7 SM 3120 B Copper Sludge EPA 6010B 14 Copper Solid EPA 6010B 20 Copper, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Copper Digestion WW 23 Iron WW EPA 200.8 1 EPA 200.7 SM 3120 B Iron Sludge EPA 6010B 6 Iron Solid EPA 6010B 6 Total Recoverable WW EPA 200.7 7 Iron S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1 d of 2n 09/19/1 CC C T 126 Laboratory Services for Wastewater Division RFP Metals Iron, DI WET Solid EPA 6010B 6 Dissolved Iron WW, GW EPA 200.7 128 Lead WW EPA 200.8 4 EPA 200.7 SM 3120 B Lead Sludge EPA 6010B 10 Lead Solid EPA 6010B 20 Lead, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Lead Manganese WW EPA 200.8 1 EPA 200.7 SM 3120 B Manganese Sludge EPA 6010B 6 Dissolved WW, GW EPA 200.7 128 Manganese Total Recoverable WW EPA 200.8 7 Manganese Mercury WW EPA 245.1 1 SM 3112 B Mercury Sludge EPA 7470A 4 Mercury Sludge EPA 7471 A 16 Mercury Solid EPA 7471 A 10 Mercury Solid EPA 7470A 10 Mercury, DI WET Solid EPA 6020A 12 Total Mercury WW EPA 245.1 7 Total Recoverable WW EPA 245.1 12 Mercury S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 15 nf2(1 09/19/1 CC C T 127 Laboratory Services for Wastewater Division RFP Metals Molybdenum WW EPA 200.8 4 EPA 200.7 SM 3120 B Molybdenum Sludge EPA 6010B 10 Molybdenum Solid EPA 6010B 20 Molybdenum, DI Solid EPA 6020 12 WET Total Recoverable WW EPA 200.8 7 Molybdenum Nickel WW EPA 200.8 3 EPA 200.7 SM 3120 B Nickel Sludge EPA 6010B 10 Nickel Solid EPA 6010B 8 Nickel, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Nickel Potassium Solid EPA 6010B 10 Potassium, DI WET Solid EPA 6010B 12 Selenium WW EPA 200.8 1 EPA 200.7 SM 3120 B Selenium Sludge EPA 6010B 10 Selenium Solid EPA 6010B 20 Selenium, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Selenium Silver WW EPA 200.8 1 EPA 200.7 SM 3120 B Silver Sludge EPA 6010B 6 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1(.of 2n 09/19/1 CC C T 128 Laboratory Services for Wastewater Division RFP Metals .ii Silver Solid EPA 6010B 20 Total Recoverable WW EPA 200.8 7 Silver Sodium WW EPA 200.7 47 SM 3120 B SM 3111 B Sodium WW EPA 200.8 12 Thallium Sludge EPA 6010B 6 Thallium Solid EPA 6010B 8 Total Recoverable WW EPA 200.8 7 Thallium Titanium WW EPA 283.2 1 SM 3111 D EPA 200.7 Vanadium Sludge EPA 6010B 6 Vanadium Solid EPA 6010B 8 Total Recoverable WW EPA 200.8 7 Vanadium Zinc WW EPA 200.8 5 EPA 200.7 SM 3120 B Zinc Sludge EPA 6010B 10 Zinc Solid EPA 6010B 8 Zinc, DI WET Solid EPA 6020 12 Total Recoverable WW EPA 200.8 19 Zinc Total S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 17 nf2(1 09/19/1 CC C T 129 Laboratory Services for Wastewater Division RFP Organic Chemist 11 mwi = ONE= Base Neutral and WW EPA 625 7 Acid Extractables Organic Analysis Base Neutral and Sludge EPA 8270C 6 Acid Extractables Organic Analysis Base Neutral and Solid EPA 8270C 4 Acid Extractables Organic Analysis Benzene WW EPA 624 2 Bis (2-ethylhexyl) WW EPA 625 1 phthalate DBCP WW EPA 504 1 Ethylnezene WW EPA 624 4 Organochlorine WW EPA 608 7 Pesticides and PCB's Organochlorine Sludge EPA 8080 6 Pesticides and PCB's Organochlorine Solid EPA 8080 4 Pesticides and PCB's Phenols WW EPA 420.4 7 Semi-Volatile WW EPA 625 6 Organics Tetrachloroethene WW EPA 624 5 Toluene WW EPA 624 4 Volatile Organic WW EPA 624 11 Analysis Volatile Organic Sludge EPA 8260 6 Analysis Xylene WW EPA 624 2 DHS Low Level WW SRL 524M 1 1,2,3-TCP by SIM GC/MS Purgeable WW EPA 524.2 1 Halogentaed & Aromatics Pesticides & PCBs WW EPA 608/8080 1 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1 R of 2n 09/19/1 CC C T 13 Laboratory Services for Wastewater Division RFP Organic Chemist 11 mwi = ONE= Chlorinated WW EPA 615/8151 1 Herbicide Semi-volatile WW EPA 625/8270 1 organics Dioxin cogeners WW EPA 1613(B) 1 (2,3,7,8-TCDD) Ethanol, Methanol WW EPA 8015B 1 &Total Petroleum Hydrocarbons (gasoline range organics) Fuel Fingerprint WW EPA 8015B/FFP 1 Phenols Solids EPA 420.4/EPA 1 9066 Dioxin cogeners Solids EPA 1613(B) 1 (2,3,7,8-TCDD) Total Contract Total Amount Bacteriological General Chemistry Metals Organic Chemistry Total Cost for One Year Total Cost for Two-Year Contract Term S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx P... 19 of In 09/19/1 CC C T 131 Laboratory Services for Wastewater Division RFP Attachment RFP-3 -- Sample Agreement AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: ("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. 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): [choose one] (1 ) A total, lump sum payment of $ after the Scope of Work is completed to CITY's satisfaction, or (2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paao 7n of 2n 09119118CCAGENDAPACKETPG 132 Laboratory Services for Wastewater Division RFP itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $ for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on [Date]. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 11 of In 09/19/18 CC AGENDA PACKET PG 133 Laboratory Services for Wastewater Division RFP to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein. 12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771 .1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771 .1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451 . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa Y)of In 09/19/18 CC AGENDA PACKET PG 134 Laboratory Services for Wastewater Division RFP party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. The policy must: 16.1 .2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1 .2.2 Provide products and completed operations coverage; 16.1 .2.3 Provide premises, operations, and mobile equipment coverage; and 16.1 .2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less 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 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 11 of In 09/19/18 CC AGENDA PACKET PG 135 Laboratory Services for Wastewater Division RFP Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance orwhich is intended to defeat the intent or protection of an additional insured. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa Id of 2n 09119118CCAGENDAPACKETPG 136 Laboratory Services for Wastewater Division RFP types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa')5 nfln 09/19/1 CC C T 137 Laboratory Services for Wastewater Division RFP party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 1F of 2n 09/19/1 CC C T 138 Laboratory Services for Wastewater Division RFP shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 77 of In 09/19/1 CC C T 139 Laboratory Services for Wastewater Division RFP CONTRACTOR: 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 34 . TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) [Signatures on Following Page] S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa IR of In 09/19/1 CC C T 140 Laboratory Services for Wastewater Division RFP IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD By: By: KAREN GOH Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: (NAME & TITLE) Insurance: APPROVED AS TO CONTENT: CITY DEPARTMENT NAME By: DEPARTMENT HEAD NAME TITLE COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paaa 79 nf2(1 09/19/1 CC C T 141 Laboratory Services for Wastewater Division RFP "I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City's RFP. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFP. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract." Signature: Date: S:AEngineering\Annual Contract&Request For Proposal\RFP Laboratory Services\2018\RFP Laboratory Services.docx Paao 2n of 2n 09/19/1 CC C T 142 E H 1 9 i T............. ............. ........................................................................................................................................................................................... Laboratory Servioes for Wastewater Division RFP Attachment RFP,-2 -- Laboratory's Billing IRates, Laboratory Services for Wastewater Division Bakersfield, California Bacteriological ........... m ChloriII1=!!!!!!!!! 3�65 $20.00 11 Ila Total ColiforW noted SM 922 1 B $7,300.00 W $7,300,00 Total General Chernistry I gill Tota[Alkalinity as WW,GW EPA 3'10,1 91 $7.00 $637.00 CoCO3 Ammoniai as N Sludge EPA 350.1 6 28.00 168.00 Ammonia as,N WK EPA350J, 130 28�.00 3,6�40.00 Chlorinated SM 4500-NH-3 G, WW,GW SM 4500-1 H3 B Ammonia as N Solid EPA 350.1, 10 28,00 280.00 SM 450'0-NH3 G Anion,/Cation GW Calculation of Calcium 72 0 0 Balance an,d Magnesium Biochemical WW SM 5210 B 23 25.00 575,00 Oxygen Demand Bicarbonate WW, GW EPA 310.1 91 7.00 637.00 Carbonate WW, GW EPA 310.'1 91 7.00 637.00 Calcium WW EPA 200.7 1 7.00 7.00 SM 3120 B S,M 31111 B Calcium Sludge EPA 6010B 6 7.00 42.00 Dissolved Calcium WW,GW EPA 200.7 84 7.00 588.00 Total Recoverable WW EPA 200,7 7 7.00 49.00 Calcium S:Tngincenne,Annual Contrao&Rcquuso For Proposal%Rrp Laboratory S�Lrvices",2018Rf:PLa9x7ratury Smices.doex Pagc 7 oF30 09119118CCAGENDAPACKETPG 143 Laboratory Services for Wastewater Division RFP General i Che Chemical Oxygen WW EPA 410,4, 30 $22.00 $6610.010 Demand SM5220 D Chloride AEPA 300.0 192 8.00 1,536,00 Chlorinated SM 4110 B Wk GW Chloride Sludge EPA 300.0 6 25.00 150-00 Total Cyanide Sludge EPA,'9012 6 30.00 180.00 Total Cyanide WW EPA 335.4 7 30,00 210,00 Total Cyanide Solid EPA 9012 4 30,00 120.00 Hardness as W'W Calculation of Caldum 7 0 CoCO3 and Magnesium Dissolved WW'GW Calculation of Calcium 84 0 Hardness as and Magnesium CaCO3 Bectrical WK GW EPA 120.1 168 9,00 1,512.00 Conductivity SM 2510 B Flashpoint WW Ulse 40 CFR 2611,211 2 35,00 70.00 Compliant method Hydroxide WW EPA 310.1 119 7.00 133.00 Magnesium Sludge EPA 60108 6 7.00 42.00 Dissolved WW'Gsw EPA 200.7 84 7.00 588,00 Magnesium Total Recoverable W W EPA 200.7 7 7.00 49,00 Magnesium Nitrate/Nitrite as WW EPA 353.2.....m. 24 16.00 384.00 N Nitrate as N inate EPA 300.0 181 8.00 1,44&00 WW WK GW NitrateasNI Solid EPA 300.0 4 25,00 100.00 Nitrate as Sludge EPA 300.0 6 25.00 150.00 Nitrate os N, DlU Solid EPA 300.0 6 25.00 150,00 Extract SAEnginoeiineAntiaM Contract&a:Request Fr Praposal'UP Laboritory Scrviccs\2018%RFP Laboratory Scrvicmdocx Page 8 of3O 09119118CCAGENDAPACKETPG 144 Laboratory Services for Wastewater Division RFP General Chefs Nitrate as NO3 EPA 300,0 19 $8.00 $152.00 Nitrite as N WW EPA 353.2 7 8,00 56,00 Nitrite as N Sludge EPA 3512 6 2 5.00 150.00 Nitrite as N Soliidl EPA 300.0 36 25.00 900.00 GW EPA 415.1 116 30.00 3,480.00 Organic Carbon Percent Salids Sludge �140G 16 -15.00 2410.00, Percent Solids Solid SM 2540G 10 15,00 150.00 pH WW, GW EPA 150,1, 1389.00 1,242M EPA 200.7 pH Solid EPA 9040 10 9.00, 90,00 pH,Measurement Solid EPA 9040 110 91,00 90,00 Temperature T Total Phenolics WW EPA 33,5,4 7 20.00 140.00 Total Phenolics --SIudge EPA 420.4 6 20-00, 120.00 Total Phosphate WW EPA 365.4 19 10.00 1,910.00 Total Phosphorus Sludge EPA 365.4 6, 25.00 150,00 Total Phosphorus Scifid EPA 305.4 10 25,00 250.00 Potassium Sludge EPA 6010B 6, 7,010 42.00 Dissolved WW, GW EPA 200.7 8,4 7.00 588.00 Potassium Total Recoverable WW EPA 200.7 7 1 7.00 49.00 Potassium Sodium Sludge EPA 601013 6 7.00 42.00 Dissolved Sodium GW EPA 200,7 116 7,00 812.00 Contract&Reques0 For Prop osallUP Labomory ScrvkcsQ018',RF P Laboratory S�crvices.dovx Page 9 of30 09119118CCAGENDAPACKETPG 145 Laboratory Services for Wastewater Division RPP General 'he6st Total Recoverable WW EP'A 200.7 7 $7.00 $49.00 Sodiurn Oil and Grease W W EPA 1664 A HEM 16 40.00 540.00 Total Petroleum WW EPA 1664 A'SGT 1 40.00 640,00 Hydrocarlbons 5pecituc.Gravity Sludge SM 271 OF mm 6 70.00 120.00 Sulfate I WK GW EPA 300,0 91 8.00, 72.8.00 Sulfate Sludge EPA 500.0 G 25.00 150.00 Sulfate as Sn4,DlN Solid EPA 300,0 6 25.00 150.00 Extract Nis......_.. .....�_.._.__ ._ ....� solved Sulfides WW SM 4500-S2-D 5 25.00 12.5.00 SM 4500-S2-E Total Sulfide Solid EPA 9030B 4 45.00 180.00 (subcontract) Sulfite Solid Siva 4500-SG3a8 4............................. ... 65.00 200.00 subcontract) Total Dissolved WK GW SM 2540 C, '-158 1 9.00 1,422.00 Solids EPA 1160.1 Total Kjeldahl W , EPA 351.2 183 28.00 5,124.00 (nitrogen Chlorinated Wk GW Total 6k Totaldahl .. g ... 5lud e EPA 351..2 6 28.00 168 000 Nitrogen Total Kjeldahn _ 2 N Solid EPA.351.2 10 28.00 280.00 Nitrogen Total Nitrogen WW, GW �'-Ilculafion o6 Total KIeldhal 1147 0 0 Nitrogen and Nitrate Total Nitrogen Sludge Calculation o1 Total KleidhaN 6 0 01 Nitrogen and Nitrate Total Nitrogen, IC Chlorinated Calcolation or Total K,leldhal 36 0 0 W' / WW Nftrogen and Nitrate Organic Nitrogen 'W'W alcWaLNon of Total Kjeldhal 7 0 0 Nitrogen and ArcmrnonNa Organlic(Nitrogen Sludge Calculation o1"total Kleldllhau 6 0 0 Mtrogen and AnarnonGa Total Organic Solid Calculation o4 Total N<1eldinal 6 0 0 Nitrogen,Solid (Nitrogen and Ammonia, S:W-mgincering'+Annnaat('o ntract&Re,qtkestForProposalmRFPI,abovaronrySurviccsl,2)19'Prllt,aboraloryServic,es,doex Page 10 of30 09/19/1 CC C T 146 Laboratory Services for Wastewater Division RIFP General Chemist Total Suspended WW SM 2450 D 723 $9M $207.00 Solids Fixed Dissolved WVV EPA 160.4 9.00 Solids 177 Turbidity WW EPA 1801.1 1 10,00 MOO Iodide WW EPA 9056M 1 70,100 70,00 STL Extractionn WVV ST LC 1 30.00 MOO Sulfide Solids EPA 376,2 1 50,00 50M COD Solids EPA 41100 1 22.00 2100 Iodide Solids EPA 9056M 1 70.00 MOO %Solids Solids SM 2540G 1 15M 15.00 Bulk density/ Solids SM 27147E 1 30,00 30.00 Specific gravity STLC Extraction Solids STLC 1 30-00 30.00 Total S.%Enginccring'AnnuaContrad&Requ",I FLn'ProposaRUP Labogmtory Services%20 IKUP Labonvor,Servi"S,docx ['age 1.1 of 30 09119118CCAGENDAPACKETPG 147 Laboratory Services for Wastewater Division RPP Metals u Aluminum Ww EPA 200.7 1 $7.00 $7.00 Ski 3120 B EPA 200:8 OB 6 Aluminum Sludge EPA 601 .. 7.00 42.00 Total Recoverable WW EPA 200.7 7 7.00 49.00 Aluminum Total Recoverable WW EPA 2017.8 7 7.00 49.00 Antimony Antimony Sludge PPA 6010B 6 7.00 42.00 Antimony Solid PPA 6010B 20 7.00 3.40.00 Arsenic Wim, GW EPA 2170:8 124 7.00 868.00 EPA 200.7 SM 3120 B Arsenic Sludge EPA 60110B 10 7.00 70,00 Arsenic Solid EPA 6020, 26 7.010 182.00 PPA 6010B Arsenic, al WET Solid EPA 6020 13 7.00 91.00 Total Recoverable WW PPA 200.8 119 7.00 133.00 Arsenic Barium W EPA 200.8 8 7.00 5&00 PPA 2007 SM3120,B Barium Sludge PPA 6011013 6 7.00 42.00 Barium Solid EPA 6010B 20 7.00 140.00 Total Recoverable WW EPA 2003 7 7.00 49.00 Barium Si'u'Eangmeenng�,Annuaa Contract&Requost 0"or Propaaasa 11tP Laboratory Set v'ice:g00rR RFP a.all orato ySer uces,docx Page 12of30 09/19/1 CC C T 148 Laboratory Services for Wastewater Division RFP Metals Bery1filurn Sludge EPA 6010B 6 $7,00 $42,00 NMI 6 Beroflum Solid EPA 6010B -20 7,00 140,00 Total Recoverable WW EPA 200,8 7 7.00 49.00 Beryllluim Boron WW EPA 200,7 23 7.00 161.00 SM 3120 B SM 4500-B B Boron Sludge EPA 601013 6 7.00 42.00 �Boron Solid EPA 60 1 OB 10 7.00 70.00 Boron,DI WET Solid EPA 601 OB 6 7.00 42.00 Dissolved Boron WW EPA 200..7 12 7.00 84.00 Total Recoverable WW EPA 200.7 7.00 491.00 Boron I r Cadmium Sludge EPA 601 OB 10 7.00 70.00 Cadmium Solid EPA 601 OB 20 7.00 140.00 �Cadm�ium,C51 WET Solid EPA 6020 12 7.00 84.00 Tofall Recoverable WW EPA 200,8 19 7.00 133.00 Cadmium CAM 17 WW EPA 200.8 30 110,00 3,300.00 EPA 245.1 CAM 17 Sludge EPA 200.8 6 110.00 1660M Chromium WW EPA 200.8 1 7.00 7.00 EPA 200.7 SM 3120 B Chromium Sludge EPA 601 OB 10 7.00 70.00 'Chromium Solid EPA 601 OB 20 7.00 140.00 Chromium,DI WET-[Soficl EPA 6020 12 7.00 84.00 Ptquw For ProposarRIT LaWralory Scrvices',20t8'Rl-'PLataoralog-y Scrvices.docx Page 13 of30 09119118CCAGENDAPACKETPG 149 Laboratory Services for Wastewater Division RFP Metals 0 Total Recoverable WW EPA 200.8 7 $7,00 $49.00 Chromium Hexavalent WW EPA 218.6 7 30.00 210.00 Chromi uim Total Hexavalent Sludge PPA 7199 6 40.00 2940.00 Chromium Total Hexavalent Solid EFTA 7199 10 40.00 400.00, Chromium Trivalent W W Calculation of Chromium, 7 0 0 Chromium &Hexavalent Chromium Trivalent Sludge Calculation ofChrornium .... .... _._........ 0 0 ChromiumHexavalent Chromium Cobalt Sludge EPA 6010B 10 7.00 70.00 Cobalt Solid EPA 60108 20 7.00 140.00 Total Recoverable WW EPA 200.8 7 7,00 49.00 Cobalt Copper WW EPA 2470.8 4 7.00 2.8.00 EPA 200.7 Soh 8120 B Copper Sludge EPA 60100 14 7,00 08.00 Copper Solid EPA 601478 20 7.00 140.00 Capper, 60l WET Solid EPA 6020 12 7.00 84,00 i Total Recoverable WW EPA 200.8 19 7.00 133.00 Copper Digestion WW 23 5.00 115.00 Iron WW EPA 200.8 1 7.00 7.00 EPA 200.7 SM 33120 B Iron Sludge EPA.6010E 6 7.00 42..00 iron Solid EPA 60108 6 7.00 42.00 Total Recoverable WW EPA 200.7 7 7.00 49.00 Iron 5:1k'ob�uM ,eruzn�yh�wru�a0 C"�inticawk��u��eo,�n I''ae nrenq�ea�al+lt�"B'Paa�t�mrtp�ary�v Wia�s`��e tl'�'9t@�"H.�Crret¢rry S�rusacs.rtHncx Page 14 of 30 09/19/1 CC C T 15 Laboratory Services for Wastewater Division RFP Metals Iron, DI WET Solid EPA 60101 6 $7.00 $42.00 Dissolved Iron WW,GW EPA 200..7 128 7.00 896-00 Lead Ww EPA 200.8 4 7.00 28.00 EPA 2001,7 SM 3120 B Lead Sludge EPA 60108 10 7.010 70.00 Lead Solid EPA 60108 20 7.00 140.00 Lead, DI WET Solid 76020 12 7.00 84.100 Total Recoverable WW EPA 200,8 19 7.00 133,00 Lead WW EPA 200.8 1 7.00 7.0,0 EPA 200.7 SM 3120 B Manganese Sludge EPA 6010'8 6 7.00 4100 Dissolved WW,GW EPA 200.7 128 7.00 8,96.00 Manganese Total Recoverable WW EPA 2010.8 7 7.00 491.00 Manganese Mercury WW IPA 245.1 1 12.00 12.00 SM 31 12 B Mercury Sludge EPA 7470A 4 12,00 48.00 Mercury Sludge EPA 7471 A 16 12.00 192.00 Mercury --Solid EPA 7471 A 10 12.00 120.00 mercury Sold EPA 7470A 10 1100 1201.00 Mercury, DI WET Solid EPA 6020A 12 12,00 114,0,0 Total Mercury WW EPA 245.1 7 12,00 84.00 Total Recoverable WW EPA 245.1 12 1100 144,00 Mercury I S:%Enginccnngnnual Contraa&Roques I For Proposal"RH Labonatoy Services'�20118\RFP Uabom Tory Services,docx Pap 15 of 30 09119118CCAGENDAPACKETPG 151 Laboratory Services for Wastewater Division RIFIP Mei als Molybdenum IWVV w EPA 200.8 4 $7,00 $28,00 EPA 200.7 SM 3120 B Molybdenum Sludge EPA 60 1 OB 10 7.00 70.00 - M --- - olybdenum Solid EPA 6O FOB T r 20 7.00 140.00 Molybdenum,IDI SoIld EPA 6020 12 7.00 84.00 WET Total Recoverable WW EPA 200.8 7 7,00 4900 Molybdenum Nickel WW EPA 2010.8 3 7,00 21.00 EPA 200.7 SM,3120 B Nickel Sludge EPA 6010E 10 7.00 70.00 Nickel Solid EPA 6010B 8 7.00 56.00 Nickel,DI WET Solid EPA 6020 12 7,00 84.00 Totar Recoverable WW EPA 200.8 Il 9 7.00 13100 Nickel Pofassium Solid EPA 601013 10 7,00 70.00 .Ttas� sl OrT- EPA 6010B 12 7,100 84.00 Selenium Ww EPA 200.8 1 7.00 7,00 EPA 200.7 SM 3120 IB Selenium Sludge EPA 6010B 10 7.00 70.00 Selenium Solid EPA 60i OB 20 7,00 140,00 Selenium, DI WET Solid EPA 6020 112 7.00 84,00 Total Recoverable WW EPA 200.8 19 7.00 133,00 Selenium Silver ww EPA 200,8 1 7.00 7.00 EPA 20017 SM 3120 B Silver Sludge EPA 6010B 6 7.00 42.00 &Request Fo�rTrop�osa�'RFPG,aboratoryS�micesLT018\RFPl,,ibor�iloryServices,docx Page 16 of 30 09119118CCAGENLA APACKETPG 1521� j Laboratory Services for Wastewater Division IRFP Metals 11!1�!Ijl 1111!1 MEN=, Silver Solid EPA 60108 20 $7,00 $140.00 Total Recoverable WW EPA 200,8 7 7,0'0 49,100 Silver Sodium WW EPA 200,7 47 7,00 329,00 S3120 B SM 3111 B Sodium WW EPA 200.3 12 7.00 84.00 Thalflum Sludge EPA 60108 6 7,00 42-001 Thaillium Solid EPA 60100 8 7.00 56M Total Recoverable WW EPA 200.8 7 7.00 49.00 Titanium WW EPA 2812 1 7.00 7,00 SM 3111 D �IudgT I EPA 200,7 7.00 42.00 Vanadium EPA 60101B 6 Vanadium Solid EPA 60101 a 7.00 56',00 Total Recoverable WW EPA 200,'8 7 7.00 49.00 Vanadium Zinc WW EPA 200.8 5 7,00 35-00 EPA 200.7 SM 31208 Zinc Sludge EPA 60108 10 7.00 70.00 Zinc Solid EPA 60108' 8 7.00 56,00 Zinc, IDWET Solid EPA 6020 12 MO 84,00 Total Recoverable WW EPA 2003 19 7.00 133.00 Zinc Total Requcst 6-o�rPropq>sal',RFPLaC)oTatwy,Servict:sl,201&RFPLaboratory Sea-vices.d,ocx P age 17 of 3 O 09119118CCAGENLA APACKETPG 1531 Laboratory Services for Wastewater Division RFP Organic Chermits BEEN,m. Base Neutral and WW EPA 625 7 $120.00 $840.00 Acid Extraciables, Organic Analysis Base Neutral and Sludge EPA 82700 6 120,00 720,00 Acid ExtractabIes Organic Analysis Base Neutral and Solid EPA 82700 4 120.00 480.00 Acid Extractables Organic Analysis Benzene WW EPA 624 2 70.00 140,00 Bis (2-ethylhexyl) WW EPA 625 1 120.00 120,00 phthalate P I - PA 504 1 40,00 40 00 W Ethylnezene WW EPA 624 4 70.00 280,00 Organachlorhe WW EPA 608 7 80,100 5160.00 Pesticides and PCB's Organochlorhe Sludge EPA 8080 6 65.00 390.00 Pesticides and PCB's Organochlorine Solid EPA 8080 4 65.00 260.00 Pesticides and PCB's Phenols, WW EPA 420A 7 20.00 140.00 Semi-Volatile WW EPA 625 6 120,00 720.00 Organics, Tetrachloro,ethene WW EPA 624 5 70.00 350.00 Toluene WW EPA 624 4 70,00 280,00 ....... Volatile Organic WW EPA ...624 1 70.00 770.00 Analysis Volatile Organic Sludge EPA 8260 6 70.00 420.00 Analysis xylene WW EPA 624 2 70,00 140.00 DHS Low Level WW SRL 524M 1 70.00 70.00 1,2,3-1CP by SIM GC/M,S Purgeable WW EPA 524.2 1 70,00 70.00 Hallogentaed Aromofics Pesticides&PCBs WW EPA 608/8080 1 65.00 165.00 S:\Eq&tv, ruTjg',Annua1 Contrao&Request ForProposaFRIT Laboratory ScrvicLs'20181RFP Laboratory Services,doex Page 18 of 30 09119118CCAGENDAPACKETPG 154 Laboratory Services for Wastewater Division RFP Organic C Che h 0 1"' h I r 151 $70.00 70.00 C lio inated EPA 6 15/8 1 lHerbicide Semi-volatile �j Semi-volatile WW EPA 62518270 1 $120.00 $120.00 organics Dioxin cogeniers WW EPA 1613(B) 1 $250.00 250.00 (2,3,7,8,-TCDD) Subcontract-Ceres Ethanol,Methanol WW EPA 80158 11 100.00 100.00 ,&Total Petroleum, Hydrocarbons (gasoline range organics) Fuel Fingerprint WW EPA 8015B/FFP 1 60.00 60,00 Phenols Solids EPA 420A/EPA 1 20.00 20.00 9066 Dioxin cogeners Solids EPA 1613(13) 1 250.00 250.010 (2,3,7,8-TCDD) Subcontract-Ceres Total $7,725,00 Contract Total Amount Bacteriological $7,300.00 Generai Chemistry $34,254.00 Metals $15,127.00 Organic Chemistry $7,725.00 $64,406.00 Total Cost for One Year $128,812.00 Total Cost for Two-Year Contract Term SAEnginecring',A=W COW00&Request For Prop osaMVP Labonrtuy Scrviccs',2N8%RFP UbomoryScTviti;,Qq,dwx Page 19 of 30 09119118CCAGENDAPACKETPG 155 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/12/2018 WARD: Ward(s)2 SUBJECT: Term sheet for the Infrastructure for Rebuilding America (I NFRA) Grant. STAFF RECOMMENDATION: Staff recommends approval of the term sheet. BACKGROUND: On June 6, 2018, the United States Department of Transportation (USDOT) notified the City of Bakersfield that it had been selected to receive a $50 million Infrastructure for Rebuilding America (INFRA) grant for the construction of the Centennial Corridor Project. City staff has been working with the USDOT to meet the requirements to obtain the authorization to move forward with the construction of the project and the use of the funds. This INFRA Term Sheet is the first step in the process of obtaining the authorization and establishes the terms and requirements for the City as the project sponsor for the Centennial Corridor Project. In a near future, City staff will be bringing additional agreements with Caltrans and/or the California Transportation Commission, which are also required, for City Council consideration. ATTACHMENTS: Description Type D Nfm RA..t'eirirn Sheet /kgireeirr eint 09/19/1 CC C T 156 fi W' r,,,ks Departm, MEMORANDUM September 18, 20,18 TO HONORABLE 'MAYOR AND CO C] EM ERS LUIS , �CIVIL EN'G1'NjEER, SUBJECT: 00UNCIL MEETlIN6 Of SEPTEMBER 19, 201 AGENDA I .9. The US Departmentof` Transportation has not finalized the INFRA e 'Sheet so this ii ei wall be presented for approval at the October Council Meefing, 09/19/1 CC C T 157 UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION TERM SHEET UNDER THE NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS DISCRETIONARY GRANT PROGRAM This term sheet is between the United States Department of Transportation(the "USDOT") and the City of Bakersfield, Bakersfield, California(the "Project Sponsor"). The USDOT published a"Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (INFRA Grants) for Fiscal Years 2017 and 2018," 82 Fed. Reg. 31,135 (July 5, 2017) (the "NOFO"). The NOFO solicited applications for Federal financial assistance to highway and freight projects of national or regional significance under the Nationally Significant Freight and Highway Projects program, 23 U.S.C. 117. That program is also referred to as the INFRA program. This term sheet reflects the conditional selection of the Project Sponsor to receive an award for the Centennial Corridor State Route 58199 Freight Improvement Project. In this term sheet, "INFRA Grant"means an award of funds that were made available under the NOFO. The purpose of this term sheet is to set out the parties' mutual understanding regarding material terms and conditions to be included in subsequent agreements that the parties intend to execute to implement an INFRA Grant. The parties therefore agree to the following: 1. The INFRA Application. (a) The Project Sponsor's application for funding was dated October 31, 2017, and titled "Centennial Corridor State Route 58/99 Freight Improvement Project." In this term sheet, the "Project" meanstheproject proposed in the application, as modified by schedules A and B. (b) The Project Sponsor states that: (1) all material statements of fact in the application were accurate when that application was submitted; and (2) Schedule A and schedule B document all material changes in the information contained in that application. 2. Division of USDOT Responsibilities. (a) The Office of the Secretary of Transportation is responsible for the USDOT's overall administration of the INFRA program and the approval of section 9 and schedule B of this term sheet. 1 09/19/1 CC C T 158 (b) The Federal Highway Administration (the "FHWA") will develop and administer all Fund-Obligating Agreements, administer the reimbursement process, collect and review progress reports submitted under section 12 from the Project Sponsor, coordinate oversight activities, and administer close-out activities. In this term sheet, the "Administering Operating Administration"means the FHWA. 3. Fund-Obligating Agreements. (a) This term sheet does not commit the USDOT to provide funding for the Project or any component of the Project. (b) The USDOT will not commit to provide funding to the Project or any component of the Project except by executing, through the.Administering Operating Administration, one or more agreements (collectively, the "Fund-Obligating Agreements"). (c) The Project Sponsor acknowledges that the Fund-Obligating Agreements will require it to administer all INFRA Grant funds under the terms and conditions of those agreements, including requirements to comply with applicable Federal statutes, regulations, and policies, including the Federal statutes, regulations, and policies listed in schedule C. (d) The USDOT will not reimburse the Project Sponsor for expenditures, except under the terms and conditions of the Fund-Obligating Agreements. 4. Project Terms in this Term Sheet. Schedule B specifically memorializes the agreement of the parties on the following terms for each component of the Project: (1) the component's scope of work; (2) the component's budget, including identification of all funds necessary to complete the proposed component's scope of work; (3) the component's milestone completion schedule, which sets dates for the completion of all major milestones relating to that component, including: (A)completion and receipt of all required environmental approvals (including NEPA approvals); (B)application for and anticipated receipt of all necessary Federal, State, and local permits and approvals; (C)any necessary approval by a local transportation planning organization, and inclusion in the required Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP); and (D)start and completion of construction. 2 09/19/1 CC C T 159 5. Costs Incurred Before a Fund-Obligating Agreement. The Project Sponsor acknowledges that this term sheet is not USDOT approval of any pre-award costs and that, unless the USDOT provides written approval of pre-award costs under 2 CFR 200.458, the USDOT will not reimburse expenditures made before the parties have executed a Fund-Obligating Agreement. 6. Cost Sharing and Changes in Total Project Costs. (a) The Project Sponsor hereby certifies that the "State Funds," "Local Funds," "Private Funds," and "Other Funds" listed in schedule B are committed to fund the Project. (b) If the actual eligible project costs are less than the "Total Future Eligible Project Cost" that is listed in schedule B, then theProject Sponsor may propose to the USDOT, in writing consistent with the Administering Operating Administration's requirements, specific additional activities that arewithin the scope of the Project, as defined in section 1 and schedule B, and that the Project Sponsor could complete with the difference between the "Total Future Eligible Project Cost" that is listed in schedule B and the actual eligible project costs. (c) If the actual eligible project costs are less than the "Total Future Eligible Project Cost" that is listed in schedule B and either the Project Sponsor does not make a proposal under section 6(b) or the USDOT does not accept the Project Sponsor's proposal under section 6(b), then: (1) the Project Sponsor shall submit a request under section 14 to reduce the Total Federal Assistance,by the difference between the "Total Future Eligible Project Cost" that is listed in schedule B and the actual eligible project costs; and (2) if that modification reduces the "INFRA Grant Amount" listed in schedule B and the USDOT had reimbursed costs exceeding the revised amount, the Project Sponsor shall refund to the USDOT the difference between the reimbursed costs and the revised award. In this term sheet, "Total Federal Assistance" means the sum of the "INFRA Grant Amount" and the "Other Federal Funds" amounts that are listed in schedule B. (d) The Project Sponsor acknowledges that amounts that are required to be refunded under section 6(c) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.345 and the Federal Claims Collection Standards (31 C.F.R.parts 900-999). 7. Use of Limited Non-Highway Funds. The Project Sponsor acknowledges that the Government selected the Project for award with the expectation that no more than the "INFRA Grant Amount Subject to 23 U.S.C. 117(d)(2)" that is listed in schedule B would be subject to the limitation at 23 U.S.C. 117(d)(2). The Project Sponsor shall not request reimbursements that are subject to the limitation at 23 U.S.C. 117(d)(2) and, in aggregate, exceed the "INFRA Grant Amount Subject to 23 U.S.C. 117(d)(2)" that is listed in schedule B. 3 09/19/1 CC C T 160 8. Safety Requirements. (a) The Project Sponsor shall work with the Administering Operating Administration to identify, and the Project Sponsor shall carry out, safety-related activities for the Project that: (1) are consistent with the priority areas in the strategic highway safety plan for the State in which the Project is located and are likely to yield safety benefits; (2) implement baseline safety improvements that are consistent with the list of "Proven Safety Countermeasures" at htlps:Hsafely.fhwa.dot.gov/provencountermeasures/; and (3) use appropriate safety-related tools, technologies, and practices from the "Everyday Counts Initiative" at https://www.fhwa.dot.gov/innovation/eveLydaycounts/. (b) The Project Sponsor shall describe, in the reports required under section 12, the specific safety-related activities carried out under this section 8. 9. Project-Specific Performance or Accountability Provisions. Section A.2.d of the NOFO solicited proposals for appropriate projects to condition funding on specific, measurable outcomes. This term sheet does not include any provisions under that key program objective. 10. Environmental Review. The Project Sponsor acknowledges that this term sheet does not commit the USDOT to any determination required under the National Environmental Policy Act (NEPA). The USDOT's determinations on the Project will be issued in full compliance with itsNEPA regulations, 23 CFR Part 771, those of the Council on Environmental Quality, 40 CFR_ Parts 1500-1508, and all other applicable Federal environmental laws and regulations and, State and local laws and regulations, to the extent applicable. 11. Buy America Requirements. The Project Sponsor acknowledges that the execution of a Fund-Obligating Agreement will subject the Project to 23 U.S.C. 313 and this Term Sheet is neither a waiver of 23 U.S.C. 313(a)nor a finding under 23 U.S.C. 313(b). 12. Quarterly Project Progress Reports. (a) On or before the 20th day of January, April, July, and October of each year and until the Project is complete and all Fund-Obligating Agreements under this term sheet have been closed out, the Project Sponsor shall submit a Quarterly Project Progress Report for each component of the Project. But if the date of this term sheet is in March, June, September, or December, instead of submitting a Quarterly Project Progress Report covering less than one month, the Project Sponsor shall submit the 4 09/19/1 CC C T 161 first Quarterly Project Progress Report in the fourth calendar month that begins after the date of this term sheet. (b) The Project Sponsor shall submit a Federal Financial Report (SF-425) as part of each Quarterly Project Progress Report. (c) The Administering Operating Administration will provide the Project Sponsor with the form and content for these Quarterly Project Progress Reports. 13. Noncompliance, Remedies, and Termination. (a) The Project Sponsor acknowledges that the USDOT considers all INFRA Grant funds under this term sheet to constitute a singlegrant under 23 U.S.C. 117, that all Fund- Obligating Agreements entered under this term sheet are inter-related, and that all INFRA Grant funds provided through a Fund-Obligating Agreement are subject to the Project Sponsor's compliance with this term sheet and all other Fund-Obligating Agreements. (b) If the Project Sponsor fails to comply with this term sheet or a Fund-Obligating Agreement under this term sheet, then the USDOT may take actions under 2 CFR 200.338 without limiting those actions to the agreement underwhich the Project Sponsor was noncompliant. (c) If the Project Sponsor fails to timely complete a component of the Project, the USDOT may take action under section 13(b), including termination of all Fund- Obligating Agreements and disallowance of costs incurred under those agreements. (d) If the USDOT determines that the Project Sponsor's use of INFRA Grant funds under this term sheet would not advance the purposes of the INFRA program, the USDOT may terminate one or more Fund-Obligating Agreements and disallow costs incurred under those agreements. 14. Term Sheet Modifications. (a) The parties may amend, modify, or supplement this term sheet by mutual agreement in writing signed by the USDOT and the Project Sponsor. Either party may request to amend, modify, or supplement this term sheet by written notice to the other party. (b) The parties shall not amend, modify, or supplement this term sheet except as permitted under section 14(a). If an amendment, modification, or supplement is not permitted under section 14(a), it is void. (c) The Project Sponsor shall request a modification of this term sheet to update schedule B if: (1) the Project's activities differ from the statement of work that is described in schedule B; 5 09/19/1 CC C T 162 (2) the construction complete date for the Project or any component of the Project changes to a date that is more than six months after the construction complete date listed in schedule B; (3) the Project's "Other Federal Funds" increases from the amount listed in schedule B; (4) the Project's "State Funds," "Local Funds," "Private Funds," or "Other Funds" decrease from the amounts listed in schedule B; or (5) the "INFRA Grant Amount Subject to 23 U.S.C. 117(d)(2)" changes from the amount listed in schedule B. (e) The USDOT may accept or reject proposals from the Project Sponsor under section 6 and this section 14 and in doing so may elect to consider only the interests of the USDOT. The Project Sponsor acknowledges that making a proposal under section 6 or this section 14 does not amend, modify, or supplement this term sheet unless the parties execute a modification under section 14(a). 15. Effective Date. The terms and conditions in this term sheet are effective on the Project Sponsor upon execution of this term sheet by both the Project Sponsor'and the USDOT. 6 09/19/1 CC C T 163 EXECUTION BY THE USDOT Executed this day of 1201. Signature of USDOT's Authorized Representative Name of USDOT's Authorized Representative Title 7 09/19/1 CC C T 164 EXECUTION BY THE PROJECT SPONSOR By signatures below, the Project Sponsor acknowledges that it accepts and agrees to be bound by this term sheet. Executed this day of 1201. CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director 8 09/19/1 CC C T 165 SCHEDULE A MATERIAL CHANGES FROM APPLICATION 9 09/19/1 CC C T 166 SCHEDULE B PROJECT TERMS [OPTION 1;IF THE, PROJE,CT C,ONVI,5'7;5' F',VIN(;I E COMPONE,NTJ 1. Scope of Work. (a) General Project Description. Construct the SR-58 Connector/Mainline and related components of the Centennial Corridor program in Bakersfield. The Centennial Corridor, once completed, will span approximately 11 miles from Cottonwood Road in the East to Beath Load in the West. The project spans the current gala in the corridor by extending the Westside Parkway to the southeast from its existing ten-n nus at Truxton Avenue to connect with SR-58 and SR-99. (b) Project Activities. This project will consist of the following activities: Environmental clearance and certification during the PS & E phase. Right of Way/UtilityCertification, Pre- Construction Survey of identified under the ESA. Project Administration to include Bidding and Awarding Construction and Construction Management Contract for Centennial Corridor State Route 58/99 Freight Improvement Project. 2. Project Budget. INFRA Grant Amount: $ 50,000,000 INFRA Grant Amount Subject to 23 U.S.C. 117(d)(2): $ 0 Total Project Cost: $ 630,625,000 Previously Incurred Project Costs $ 243,988,000 Sources of funds for Future Eligible Project Costs: INFRA Grant Amount: $ 50,000,000 Other Federal Funds: $ 116,800,000 State Funds: $ 130,000,000 Local Funds: $ 89,837,000 Private Funds: $ 0 Other Funds: $ Total Future Eligible Project Cost: $ 386,637,000 10 09/19/1 CC C T 167 3. Project Schedule. (a) Project Permitting, Planning, Licensing, and Other Approval Milestones N/A (b)Pre-construction Schedule. • Preliminary Design Complete [December 2015] • NEPA Complete [Feb 2016] • Final Design Complete [September 2018] • Right of Way [October 201 8] • PS&E/Bid-Ready [October 201 g]_, • Obligate & Advertise [November 2018] (c) Construction Schedule. The following construction schedule is approximate and is contingent upon a fully executed Fund-Obligating Agreement by the "PS&E/Bid-Ready" date listed in subsection (b) of this Project Schedule. • Begin Construction [April 2019] • Construction Complete [June 2022] 11 09/19/1 CC C T 168 SCHEDULE C SELECTED APPLICABLE FEDERAL STATUTES, REGULATIONS, AND POLICIES When acting under this term sheet, the Project Sponsor shall comply with all applicable Federal statutes, regulations, and policies, including the following non-exhaustive list. Federal Statues • Letting of Contracts, 23 U.S.C. 112 • Buy America, 23 U.S.C. 313 Federal Regulations • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. parts 200 and 1201 Federal Policies • Buy American and Hire American, Executive Order 13788 (Apr. 18, 2017) 12 09/19/1 CC C T 169 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/9/2018 WARD: Ward 2 SUBJECT: Consultant agreement with NV5 (not to exceed $3,778,549.06) for construction management services for the Belle Terrace Operational Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Belle Terrace Operational Project includes improvements on State Route (SR) 99 and Belle Terrace. The improvements on SR-99 include the addition of a northbound auxiliary lane from the Ming Avenue on-ramp to the northbound SR-99/eastbound SR-58 connector ramp, and reconstruction of the existing Belle Terrace overcrossing and the northbound SR-99/eastbound SR-58 connector over Wible Road. The local road improvements include realigning Wible Road and Alamo Street, as well as raising Belle Terrace to match the reconstruction of the Belle Terrace overcrossing. On August 15, 2018, the City Council approved award of the construction contract for this project to Granite Construction Company. Normally, the agreement for construction management services for the project would be approved at the same time. However, the agreement was in the process of being audited by Caltrans and could not be presented to the City Council until the audit was completed. This audit is required for nearly all federally funded consultant agreements and was recently completed. City staff issued a request for qualifications/request for proposals (RFQ/RFP) for construction management services for the various phases of the Centennial Corridor Project, of which the Belle Terrace Project is Phase 2. The following three firms responded to this request: • AECOM (Los Angeles, CA) • NV5 (Bakersfield, CA) • WSP (Sacramento, CA) 09/19/1 CC C T 17 Based on the rankings of the technical proposals and the interviews, NV5 was selected as the most qualified firm to provide construction management services for the Belle Terrace Project. After NV5 was selected, the cost for providing these services was negotiated by City staff as required by federal regulations. City staff recommends approval of this agreement for an amount not to exceed $3,778,549.06. This agreement is 80 percent federally funded and 20 percent locally funded. The local share is funded by a combination of Gas Tax, County Share, utility surcharges, and traffic impact fees. Adequate funds have been previously budgeted for this agreement. There is no General Fund impact associated with this agreement. ATTACHMENTS: Description Type D Coir stial(.601r]�Mairis.geiryieirit/kgireeiryieirit /kgireeirneint 09119118CCAGENDAPACKETPG 171 AGREEMENT NO. CONSTRUCTION MANAGEMENT AGREEMENT This CONSTRUCTION MANAGEMENT AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY"), and NV5, Inc., a California Corporation authorized to conduct business in California ("MANAGER"). R E C I T A L S WHEREAS, CITY is undertaking the following project: Belle Terrace Operational Improvements Project (the "Project"); and WHEREAS, CITY issued a Request for Qualifications/Request for Proposals ("RFQ/RFP") for construction management services for the Project, and MANAGER submitted a proposal; and WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work; and WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and WHEREAS, based on MANAGER's representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein; and WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows: CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 1 of 24 Pages 09/19/1 CC C T 172 1. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the RFQ/RFP, attached hereto and incorporated herein as Exhibit A, and as provided in the scope of work description prepared by MANAGER, attached hereto and incorporated herein as Exhibit B. Collectively, the RFQ/RFP and the scope of work description are referred to herein as "Scope of Work." MANAGER's services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER'S Cost Proposal, attached hereto and incorporated herein as Exhibit C, unless additional reimbursement is provided for by amendment of the Agreement. In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $3,542,271.06. 2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $236,278.00. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by amendment of the Agreement. 2.2. The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee, shall not exceed $3,778,549.06 ("Compensation"). 2.3. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 2 of 24 Pages 09/19/1 CC C T 173 2.4. When milestone cost estimates are included in the approved Cost Proposal, MANAGER must obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 2.5. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. 2.6. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs, upon receipt by and approval of CITY's Contract Administrator of itemized invoices in triplicate. A pro rata portion of MANAGER's fixed fee will be included in the monthly progress payments. Invoices shall be submitted no later than 45 calendar days after the performance of work for which MANAGER is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. CITY will withhold a portion of MANAGER's payment when required by the City of Bakersfield Municipal Code for the time period and purposes set forth therein. If applicable, CITY shall have the right to delay payment or terminate this Agreement in accordance with the provisions herein if MANAGER fails to submit the required deliverable items according to the Scope of Work. Invoices shall be mailed to CITY's Contract Administrator at the following address: City of Bakersfield 1600 Truxtun Avenue, 3rd floor Bakersfield, California 93301 2.7. The final invoice must contain the final cost and all credits due to CITY including any equipment purchased under the provisions herein. MANAGER may submit to CITY a final invoice only when all of the following items have occurred: (1 ) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to CITY's satisfaction; and, (3) Caltrans has issued its final ICR review letter. MANAGER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than 60 days after occurrence of the last of these items. 2.8. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 3 of 24 Pages 09/19/1 CC C T 174 approved by CITY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 2.9. MANAGER agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various state and federal programs. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 2.10. CITY reserves the right to reject any work that is inadequate or incomplete without being charged for any extra time or compensation by MANAGER. 2.11. MANAGER must notify CITY when the Scope of Work is 75% complete or when 75% of the budget for the Scope of Work has been expended. 3. 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. 4. STATE PREVAILING WAGE RATES. 4.1.1. MANAGER shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. 4.1.2. Any subcontract entered into as a result of this contract, if for more CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 4 of 24 Pages 09/19/1 CC C T 175 than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. 4.1.3. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See httl2://www.dir.ca.gov. 5. TIME FOR COMPLETION. MANAGER shall complete all assigned tasks set forth in the Scope of Work no later than December 31 , 2020. 6. PERFORMANCE PERIOD AND TERM. This Agreement shall go into effect on August 15, 2018, contingent upon approval by CITY, and MANAGER shall commence work after notification to proceed by CITY's Contract Administrator. The contract shall end on December 31 , 2021 , unless extended by contract amendment. MANAGER is advised that any recommendation for contract award is not binding on CITY until the Agreement is fully executed and approved by CITY. Should any claims against CITY or MANAGER arising out of the Scope of Work be asserted during the term of this Agreement, CITY and MANAGER may agree to extend the termination date of this Agreement. 7. TERMINATION. CITY reserves the right to terminate this Agreement upon thirty-calendar-days written notice to MANAGER with the reasons for termination stated in the notice. 7.1. CITY may terminate this Agreement with MANAGER should MANAGER fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this Agreement with MANAGER, CITY shall pay MANAGER the sum due to MANAGER under this Agreement prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the Agreement. In which case, the overage shall be deducted from any sum due MANAGER under this Agreement and the balance, if any, shall be paid to MANAGER upon demand. 7.2. If the Agreement is terminated for CITY's convenience, MANAGER will be paid for completed work and for termination costs. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 5 of 24 Pages 09/19/1 CC C T 176 Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 . Subpart 31 . 205-42 (c) dealing with initial costs is not applicable to architectural and engineering agreement terminations. 8. CONTRACT ADMINISTRATOR. The Contract Administrator for CITY is: Luis A. Topete City of Bakersfield 1600 Truxtun Avenue, 3rd floor Bakersfield, California 93301 (661 ) 326-3700 MANAGER's Construction Manager is designated as: Todd George, P.E. NV5, Inc. 4700 Stockdale Highway, Suite 100 Bakersfield, CA 93309 (559)-661-5220 The Contract Administrator and the Construction Manager will be the primary contact persons for CITY and MANAGER, respectively. 9. KEY PERSONNEL. At CITY's request, MANAGER must name all key personnel to be assigned to perform the Scope of Work. All key personnel must be properly licensed and experienced for the Scope of Work. MANAGER must provide background for each of the key personnel including, without limitation, resumes and work experience in the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER may not change such personnel without CITY's written approval. CITY reserves the right to request replacement of either MANAGER's employees or subcontractors who may not be performing at an acceptable level. CITY intends to perform yearly performance reviews of MANAGER. 10. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER's performance of the Scope of Work as an independent contractor. MANAGER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement may not be construed as forming a partnership or any other association with MANAGER other than that of an independent contractor. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 6 of 24 Pages 09/19/1 CC C T 177 11. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed. 12. EQUIPMENT. MANAGER will supply all equipment, tools, materials, and supplies necessary to perform the Scope of Work. 13. EQUIPMENT PURCHASE. Prior authorization in writing, by CITY'S Contract Administrator, shall be required before MANAGER enters into any unbudgeted purchase order or subcontract exceeding $5,000 for supplies, equipment, or MANAGER services. MANAGER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in MANAGER's Cost Proposal and exceeding $5,000, MANAGER shall submit three competitive quotations along with the request for prior authorization to CITY's Contract Administrator, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following: "MANAGER shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, MANAGER may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures, and credit CITY in an amount equal to the sales price. If MANAGER elects to keep the equipment, fair market value shall be determined at MANAGER's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to CITY and MANAGER, if MANAGER is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 14. CONFLICTS OF INTEREST. 14.1. MANAGER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement, or any ensuing CITY construction project. MANAGER shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing CITY construction project. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 7 of 24 Pages 09/19/1 CC C T 178 14.2. MANAGER hereby certifies that it does not now have, nor shall it acquire, any financial or business interest that would conflict with the performance of services under this Agreement. 14.3. MANAGER hereby certifies that neither MANAGER, its employees, nor any firm affiliated with MANAGER providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. 14.4. MANAGER further certifies that neither MANAGER, nor any firm affiliated with MANAGER, will bid on any construction subcontracts included within the construction contract. Additionally, MANAGER certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement. 14.5. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this Agreement shall have provided services on the design of any project included within this Agreement. 15. NO CITY INTEREST. No officer or employee of CITY will hold any interest in this Agreement, (California Government Code 1090). 16. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY will not constitute a waiver of any portion or any provision of this Agreement. 17. LICENSES. MANAGER must, at MANAGER's sole cost and expense, have at the time of bidding or proposal submission, and must keep in full force and effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for MANAGER to practice its profession in the State of California. MANAGER, if a corporation or partnership, must, at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY must have no less than a four-year college degree in the appropriate field of CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 8 of 24 Pages 09/19/1 CC C T 179 study as determined by CITY. MANAGER must submit proof of the required education to CITY upon bid or proposal submission. 18. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement will not constitute a waiver of that party's right to enforce such a provision at a later time, and will not serve to vary the terms of this Agreement. 19. COMPLIANCE WITH ALL LAWS. MANAGER must, at MANAGER's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and 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. If the applicable requirements described above are subsequently amended, resulting in a material change in the Scope of Work or a related project schedule, the amended requirements may be included in the Scope of Work, if the parties to this Agreement concur. 20. INDEMNITY. 20.1. MANAGER must indemnify, defend, and hold harmless CITY and CITY's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, arising from MANAGER's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 20.2. For work performed by MANAGER under this Agreement where the provisions of Civil Code section 2782.8 apply, the MANAGER must indemnify, defend, and hold harmless CITY and CITY's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 9 of 24 Pages 09/19/1 CC C T 180 arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER. 21. INSURANCE. 21.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 21.1.1. 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. 21.1.2. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1 ,000,000 per occurrence. 21.1.3. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. The policy must: 21.1.3.1. Provide contractual liability coverage for the terms of this Agreement; 21.1.3.2. Provide unlimited products and completed operations coverage; 21.1.3.3. Provide premises, operations, and mobile equipment coverage; and 21.1.3.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 21.1.4. Workers' compensation insurance with limits of not less than $1 ,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 10 of 24 Pages 09/19/1 CC C T 181 employees. Pursuant to Labor Code Section 1861 , MANAGER 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 every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, MANAGER is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 21.2. General Provisions Applying to All Insurance Types. 21.2.1. All policies required of MANAGER must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 21.2.2. All policies required of MANAGER must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of MANAGER's insurance and must not contribute with it. 21.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 11 of 24 Pages 09/19/1 CC C T 182 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. 21.2.4. 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. 21.2.5. Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 21.2.6. It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement. 21.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section. 22. THIRD PARTY CLAIMS. CITY will timely notify MANAGER of third party claims relating to this Agreement. CITY will be allowed to recover from MANAGER, and MANAGER must pay on demand, all costs of notification. 23. CONFIDENTIALITY. During the term of this Agreement, MANAGER may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, MANAGER will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 12 of 24 Pages 09/19/1 CC C T 183 time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. 24. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, will, upon preparation, become CITY's property. 25. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 26. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. MANAGER agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 .000 et seq., shall be used to determine the cost allowability of individual items. MANAGER also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to MANAGER that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 .000 et seq., are subject to repayment by MANAGER to CITY. 27. RETENTION OF RECORDS/AUDIT. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21 , Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, MANAGER, subcontractors, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of MANAGER and it's certified public accountants (CPA), work papers that are pertinent to the CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 13 of 24 Pages 09/19/1 CC C T 184 contract, and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 28. AUDIT REVIEW PROCEDURE. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by CITY'S Finance Director. Not later than 30 days after issuance of the final audit report, MANAGER may request a review by CITY'S Finance Director of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by CITY will excuse MANAGER from full and timely performance, in accordance with the terms of this Agreement. MANAGER's Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by MANAGER and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by MANAGER to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement's terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 28.1. During a Caltrans' review of the ICR audit work papers created by the MANAGER's independent CPA, Caltrans will work with the CPA and/or MANAGER toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the MANAGER at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31 ; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I. Provisional rates will be as follows: 28.1.1. If the proposed rate is less than 150%, the provisional rate reimbursed will be 90% of the proposed rate. 28.1.2. If the proposed rate is between 150% and 200%, the provisional rate will be 85% of the proposed rate. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 14 of 24 Pages 09/19/1 CC C T 185 28.1.3. If the proposed rate is greater than 200%, the provisional rate will be 75% of the proposed rate. 28.2. If Caltrans is unable to issue a cognizant letter as described above, Caltrans may require MANAGER to submit a revised independent, CPA-audited ICR and audit report within three months of the effective date of the management letter. Caltrans will then have up to six months to review the MANAGER's and/or the independent CPA's revisions. 28.3. If the MANAGER fails to comply with the provisions of this section, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this Agreement. The provisional ICR will apply to this Agreement, and all other agreements executed between CITY and MANAGER, either as a prime or subcontract, with the same fiscal period ICR. 29. COVENANT AGAINST CONTINGENCY FEES. MANAGER warrants that it has not employed or retained any company or person, other than a bona fide employee working for MANAGER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, CITY will have the right to annul this Agreement without liability, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 30. CHANGES IN WORK. Changes in work must only be made in accordance with this Agreement. If it is essential for extra work to be performed immediately, CITY's Contract Administrator and MANAGER's Construction Manager must agree in writing as to the scope of the extra work and the nature and, if possible, the amount of compensation therefore. As soon as possible, CITY's Contract Administrator must prepare an amendment to this Agreement and cause it to be approved as set forth in the Bakersfield Municipal Code. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 15 of 24 Pages 09/19/1 CC C T 186 31. SUBCONTRACTING. 31.1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any subcontractor(s), and no subcontract shall relieve MANAGER of its responsibilities and obligations hereunder. MANAGER agrees to be as fully responsible to CITY for the acts and omissions of its subcontractor(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by MANAGER. MANAGER's obligation to pay its subcontractor(s) is an independent obligation from CITY'S obligation to make payments to MANAGER. 31.2. MANAGER shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by CITY's Contract Administrator, except that which is expressly identified in the approved Cost Proposal. 31.3. MANAGER shall pay its subcontractors within ten calendar days from receipt of each payment made to MANAGER by CITY. 31.4. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. 31.5. Any substitution of subcontractor(s) must be approved in writing by CITY's Contract Administrator prior to the start of work by the subcontractor(s). 32. DEBARMENT AND SUSPENSION CERTIFICATION. 32.1. MANAGER's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that MANAGER has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement)," which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 16 of 24 Pages 09/19/1 CC C T 187 judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exceptions to this certification must be disclosed to CITY. 32.2. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining MANAGER responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. 32.3. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 33. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. MANAGER warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY will have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 34. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING. MANAGER certifies to the best of his or her knowledge and belief that: 34.1. No state-, federal-, or local agency-appropriated funds have been paid, or will be paid by, or on behalf of, MANAGER to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 34.2. 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 federal agency, a Member CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 17 of 24 Pages 09/19/1 CC C T 188 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 MANAGER must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 34.3. 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 , US. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 34.4. MANAGER also agrees by signing this Agreement that it will require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such subrecipients must certify and disclose accordingly. 35. DBE PARTICIPATION REQUIREMENTS. This Agreement is subject to additional clauses which are defined on the attached Exhibit E and are incorporated herein by reference. 36. CERTIFICATIONS. This Agreement is subject to additional clauses which are defined as the Certification of CITY, attached hereto as Exhibit F, and Certification of MANAGER, attached hereto as Exhibit G, both of which are incorporated herein by reference. 37. STATEMENT OF COMPLIANCE 37.1. MANAGER's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that MANAGER has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. 37.2. During the performance of this Agreement, MANAGER and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. MANAGER and subcontractors shall CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 18 of 24 Pages 09119118CCAGENDAPACKETPG 189 insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. MANAGER and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. MANAGER and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 37.3. MANAGER shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. 37.4. MANAGER, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, MANAGER shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. MANAGER shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. 38. MISCELLANEOUS. 38.1. 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 must be brought in Kern County, California. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 19 of 24 Pages 09/19/1 CC C T 190 38.2. 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. 38.3. Notices. All notices relative to this Agreement must be given in writing and 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 will be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, CA, 93301 MANAGER: NV5, Inc. 4700 Stockdale Highway, Suite 100 Bakersfield, CA 93309 38.4. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable, or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 38.5. 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. 38.6. Interpretation. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 20 of 24 Pages 09/19/1 CC C T 191 38.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be considered as an original and be effective as such. 38.8. Merger and Modification. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 38.9. Tax Numbers. MANAGER's Federal Tax Identification No.: 94-2706173 MANAGER is a corporation? Yes X No (Please check one) 38.10. Corporate Authority. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 38.11. 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. 38.12. News Releases/Interviews. All news releases, media interviews, testimony at hearings, and public comments relating to this Agreement by MANAGER are prohibited unless authorized by CITY. 38.13. Included Documents. Any bid documents, including, without limitation, any request for proposals, request for qualifications, and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. (Signatures Next Page) CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 21 of 24 Pages 09/19/1 CC C T 192 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "Manager" CITY OF BAKERSFIELD NV5, Inc. By: By: KAREN GOH, Mayor TODD GEORGE, Senior Vice President Construction Manager APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Exhibits: Exhibit A-Request for Qualifications/Request for Proposal Exhibit B-Scope of Work Description Exhibit C-Cost Proposal Exhibit D-Certificates of Insurance Exhibit E-DBE Requirements Exhibit F-Certification of City Exhibit G-Certification of Manager CONSTRUCTION MANAGEMENT AGREEMENT G:\Trip\Shared\1-TRIP PROJECTS\04e-Belle Terrace Operational Improvements\550-Construction\5508-Contract Amendments\Consultant\NV5\Agreement\NV5 CM Agreement.Docx Updated-July 24,2018 Page 22 of 24 Pages 09/19/1 CC C T 193 EXHIBIT A REQUEST FOR QUALIFICATION / REQUEST FOR PROPOSAL 09/19/1 CC C T 194 CITY OF BAKERSFIELD REQUEST FOR QUALIFICATION/ REQUEST FOR PROPOSAL (RFQ/RFP) FOR CONSTRUCTION MANAGEMENT (CM) SERVICES CENTENNIAL CORRIDOR PROJECT (VARIOUS PHASES) POSTED: February 22, 2018 DUE: March 22, 2018 Construction Management Services for Centennial Corridor(various Phases) Page I of 66 09/19/1 CC C T 195 CITY OF BAKERSFIELD REQUEST FOR QUALIFICATION/REQUEST FOR PROPOSALS (RFQ/RFP) FOR CONSTRUCTION MANAGEMENT (CM) SERVICES CENTENNIAL CORRIDOR PROJECT (VARIOUS PHASES) I. INTRODUCTION The City of Bakersfield (City) is seeking qualified engineering firms to provide construction management (CM), construction inspection, biological and paleontological monitoring, source inspection, quality assurance (QA) surveying and material/soil testing services for the Centennial Corridor Project (Various Phases). Below are descriptions of the remaining construction packages that make up the Centennial Corridor: SR-58 CONNECTOR (MAINLINE) The SR-58 Connector (mainline) will extend State Route (SR) 58 from the existing offset at SR-99 to the east end of the Westside Parkway (WSP). From SR-99, SR-58 will span Real Road and run parallel to Stockdale Highway for approximately 1 ,200-feet west at which point it will turn in a northwesterly direction and span the Stockdale Highway/Stine Road Intersection, Ford Avenue, La Mirada, Marella Way, California Avenue, Commerce Drive, and the Carrier Canal before joining WSP in the vicinity of the Truxtun Avenue Interchange. The Project also includes closure of freeway access from Real Road. ANTICIPATED CONSTRUCTION TIME FRAME: 11/2018 to 1 1/2021 SR-58/SR-99 INTERCHANGE CONNECTOR This project includes improvements along northbound (NB) SR-99 between Ming Ave and SR-58 and construction of the NB SR-99 to westbound (WB) SR-58 Connector Structure. The work on NB SR-99 includes addition of a collector distributor on NB SR-99 for the NB SR-99 to WB SR-58 connector and the NB SR- 99/Ming Avenue On-ramp. There is also work at various other locations that includes the closure of the existing southbound (SB) SR-99/Stockdale Highway off- ramp, restriping and widening of Chester Avenue to include turn pockets at the Richland Street and Loustalot Lane intersections, and improvements at the eastbound (EB) SR 58/Cottonwood ramps/Brundage Lane intersection to add a traffic signal. ANTICIPATED CONSTRUCTION TIME FRAME: 3/2019 to 3/2021 Construction Management Services for Centennial Corridor(various Phases) Page 2 of 66 09/19/1 CC C T 196 BELLE TERRACE OPERATIONAL IMPROVEMENTS The project is proposing improvements on SR-99, the Belle Terrace Overcrossing (OC), the NB SR-99/EB SR-58 Connector, and local roads. The improvements on SR 99 include addition of a NB auxiliary lane from the Ming Avenue On-ramp to the NB SR-99/EB SR-58 Connector ramp and improved signing. The existing Belle Terrace OC will be replaced, and the NB SR-99/EB SR-58 Connector will be reconstructed. Improvements on the local roads include realigning Alamo Court and Wible Road and raising Belle Terrace. ANTICIPATED CONSTRUCTION TIME FRAME: 07/2018 to 12/2019 BAKERSFIELD FREEWAY CONNECTOR PROJECT This project includes improvements along WB SR-58 and SB SR-99. The improvements include addition of auxiliary lane on WB SR-58, realigning the WB SR-58 to SB SR-99 connector, constructing a branch connector for SR-58 to SB SR-99 and constructing a collector distributor along SB SR-99 for the Ming Ave off-ramps. ANTICIPATED CONSTRUCTION TIME FRAME: 12/2018 to 5/2021 STOCKDALE-ENOS ROUNDABOUT This project is located along Stockdale Highway and Enos Lane (SR-43). The improvements include modification of the existing four-way stop controlled intersection to a single lane roundabout designed for future restriping to a two lane roundabout. ANTICIPATED CONSTRUCTION TIME FRAME: 12/2018 to 08/2019 Throughout this RFQ/RFP, the term "City" applies to the City of Bakersfield. Take note of the following items that need to be considered when proposing on these projects: • These projects are Federally Funded projects and federal regulations will apply. II. INQUIRIES All inquiries related to the RFQ/RFP should be submitted to: Thomas Roads Improvement Program 1600 Truxtun Avenue, Bakersfield, CA 93301 Attention: Luis A. Topete, P.E., Civil Engineer IV Itopete@bakersfieldfreeways.us Construction Management Services for Centennial Corridor(various Phases) Page 3 of 66 09/19/1 CC C T 197 Consultants shall not contact TRIP staff or other agencies directly during the Consultant selection process to discuss information related to the projects, except as provided in Section IX of the RFQ/RFP. III. SCHEDULE The proposal must arrive at the TRIP office before 4:00 pm on the closing date listed below to be considered for these Projects. EVENTS CALENDAR Plan Calendar is as follows: Distribution of RFQ/RFP ...........................................02/22/18 Closing Date for RFQ/RFP .....................................03/22/18 Notification of Short List Selection ........................04/05/18 Interviews .................................................................04/19/18 Notification of Final Selection ...............................04/24/18 IV. PROPOSAL SUBMISSIONS The following criteria shall be required of all proposals submitted for the Project(s) to provide some consistency for the Selection Committee reviewing these proposals. Any proposal not conforming to these requirements may be rejected. A submitted proposal shall be single-spaced, use a minimum 11 point Arial font, and be submitted on 8.5-inch by 1 1-inch paper, single-sided printing with minimum 0.5-inch margins on the right, top, and bottom and minimum 1-inch margins on the left side of the sheet. Charts and schedules may be included in 1 1-inch by 17-inch page format but shall be folded to fit into an 8.5-inch by 1 1-inch sheet. Each page shall be consecutively numbered throughout the entire proposal. Proposals shall be bound and shall not exceed fifteen (15) pages in length, excluding: • dividers (which shall not contain any information); • Item A - Transmittal / Cover Letter (maximum 2 pages) • Item B - Resumes Only • Item F - Insurance Coverage/Claim History; • Item G - Appendix A - General Information Sheet; and • Item H - Appendix B - Sample Consultant Contract with Attachments Proposals must contain the information requested below and organized in the following order: Construction Management Services for Centennial Corridor(various Phases) Page 4 of 66 09/19/1 CC C T 198 A. Transmittal/Cover Letter Proposals shall be addressed to Luis A. Topete, P.E., City of Bakersfield, Thomas Roads Improvement Program (TRIP), TRIP Program Manager, 1600 Truxtun Avenue, Suite 300, Bakersfield, CA 93301 . Include the name, title, address, and telephone number of the person that the City may contact regarding the proposal throughout the period of evaluation. Acknowledgement of receipt of any addenda shall be made in the Transmittal/Cover Letter, and the letter must be signed by the Proposer's corporate principal with contractual responsibility to bind the Proposer to the terms of the agreement. B. Project Team Personnel/Experience This section shall include: 1. Name and experience of the Construction Manager who will be assigned to this project. The Construction Manager shall, in addition to meeting the minimum qualifications as required for a construction inspector as shown in Item "4" in this Section, be a Registered Civil Engineer in the State of California with at least five years of experience as a Construction Manager / Resident Engineer for comparable projects. 2. Name and experience of the Structural Representative who will be assigned to this project. The Structural Representative shall, in addition to meeting the minimum qualifications as required for a construction inspector as shown in Item "4" in this Section, be a Registered Civil Engineer in the State of California with at least five years of experience in the construction of highway bridges. 3. Name and experience of the inspector(s) who will be assigned to this project. All persons that will be performing inspection services shall meet the minimum qualifications as shown in Item "4" in this Section. 4. Minimum Qualifications that must be met by individual(s) who will be assigned to inspect the construction are as follows: a. Three years of experience as a construction inspector or assistant construction inspector on public works projects. b. Full working knowledge of the State of California Department of Transportation, Standard Specifications (2010). c. Full working knowledge of construction practices for roadway and freeway. Individuals should be familiar with "Caltrans Standard Plans", "Bridge Design Manual" and "Construction Manual". d. Full working knowledge of backfill and compaction procedures, soil and concrete testing methods, and OSHA safety requirements. e. Capable of preparing comprehensive and legible daily reports. f. Familiar with standard Change Order procedures and Change Order preparation. Construction Management Services for Centennial Corridor(various Phases) Page 5 of 66 09/19/1 CC C T 199 g. Knowledgeable in reading construction documents and in interpreting construction survey staking. 5. Name and experience of the Responsible Licensed Land surveyor who will be assigned to this project to perform Quality Assurance. Minimum qualifications that must be met by individual(s) who will be assigned as Responsible Licensed Land surveyor for Quality Assurance surveying are: a. Individuals must be licensed as a Land Surveyor in the State of California b. Individuals shall be experienced in reading and interpreting freeway and bridge construction drawings. c. Full working knowledge of standard practice of construction staking including earthwork staking and slope staking, and the preparation of cut-sheets. d. Full working knowledge of methods, procedures, and requirements of the Caltrans Surveys Manual and Staking Inform Booklet. 6. Name and experience of the soil and material testing firm who will be assigned to this project. Soil and material testing qualifications for the firm assigned these duties are as follows: a. The laboratory shall be under the responsible engineering management of a California registered Professional Engineer with experience in inspection and testing of construction materials. The engineer shall certify the results of all tests performed under his supervision. b. The laboratory shall be a participant in the Caltrans Reference Sample Program (RSP) and shall be listed as such with the Caltrans Office of Materials Engineering and Testing Services. Other desirable correlation testing programs are the AASHTO Materials Reference Laboratory (AMRL) and the Cement and Concrete Reference Laboratory (CCRL). c. Acceptance sampling and testing personnel shall possess a current Caltrans "Certificate of Proficiency for an Acceptance Tester". Sampling and testing shall be performed only by those proficient in acceptance sampling and testing. d. Field samplers and testers shall carry identification verifying they are certified. 7. The Construction Manager and inspectors of the Proposer's team and the key personnel who will be providing engineering services for the Project along with the firm they work for must be identified on an Organization Chart that has a tab for easy reference by reviewers. Construction Management Services for Centennial Corridor(various Phases) Page 6 of 66 09/19/1 CCAGENDA PACKETPG200 8. The resumes for personnel in this section shall not exceed one page each. Resumes should include a listing in tabular form that contains previous project experience that most closely relates to the type and scope of work for this RFQ/RFP. The list should contain at least the following information: a. Project title, location, owner, and description, including length and estimated cost of the project. b. The duties, tasks, and work performed by the team member on the listed project. c. The date(s) that the experience was obtained. d. The name of the firm under which the team member performed the services. e. The name of the firm primarily responsible for the project. f. The status of the listed project. C. Team Organization/Experience This section should include a brief description of the Construction Management team. In addition, this section of the proposal should include: 1 . A brief profile of each firm on the team and a description of the services that they will be providing, the year that the firm was founded, the form of organization (e.g., corporation, partnership, sole proprietorship), the address and telephone number for the team member firm's office(s) that will be providing services, and the estimated percentage of the total scope of the work that the Proposer and each participating firm would be hired to complete under this RFQ/RFP. It is expected that the Proposer shall be performing at least 50 percent of the total scope of work. 2. A listing of experience of the Proposer and other team member firms of construction management services most closely related to the scope of work for the Project, and for which services have been provided within the past 10 years. The list should include at least three different clients and should provide the following information for each project: - Project title, location, owner, description, and estimated cost of the project; - Firm name/organization under which services were provided to the listed project (i.e., if Proposer or team member has recently merged, purchased, or otherwise joined with another firm who had actually performed the work for the listed project, then list that former firm's name); Construction Management Services for Centennial Corridor(various Phases) Page 7 of 66 09119118 CCAGENDA PACKETPG201 - Nature of Proposer's or team member firm's responsibilities, duties, tasks, and involvement in the project; - Start and end dates (or projected end date) of Proposer's or team member firm's involvement in the project; - Name of personnel who provided the services to the listed project, the duties they performed, and indicate in bold font personnel who are also proposed to provide services for the Project for this RFQ/RFP; - Total dollar amount of the Proposer's or team member firm's contract. 3. A minimum of four references should be given for the Proposer and at least one reference for each other team member firm identified to provide services for the Project. The references listed should involve the project for which Proposer has provided comparable services to those in this RFQ/RFP. References should include the following information: - Name, address, and telephone number of the project owner/client and the name of a contact person; - Name, address, and telephone number of Proposer's client (if different from the project owner) and the name of a contact person. D. Technical Approach This section should demonstrate the Construction Manager's approach to and understanding of the Belle Terrace Operational Improvements Project technical considerations and of the proposed Scope of Services. This section should also contain a detailed discussion of the work tasks and management activities necessary for Project completion. Discussion topics for consideration may include key Project issues, technical approach, schedule review process, Project management procedures, Project control capabilities, etc. Consultants should discuss their understanding and technical approach of the project. Layout plans for this project can be downloaded from PlanetBids under additional documents. E. Management Approach/Subjective Statements The City desires a Construction Management team who possesses outstanding problem- solving expertise and excellent communication skills with Local, State, and Federal Regulatory Agencies and the construction contractor. This section should indicate why the Proposer should be selected for this work; what internal processes and procedures the Proposer has that make their firm superior; and what unique qualifications, knowledge, projects, services, and experience make the Proposer best suited to achieve the successful completion of the Construction Management services. F. Insurance Coverage/Claims History Construction Management Services for Centennial Corridor(various Phases) Page 8 of 66 09/19/1 CCAGENDA PACKETPG202 If the statement of the firm's current insurance coverage does not meet the limits specified in the sample agreement attached to this RFQ/RFP, a statement of the firm's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement. This section shall also include a list of the Proposer's claims history since January 1 , 2012: 1 . List all claims, demands for arbitration, and/or lawsuits filed by the Proposer, predecessor companies, or company officers against project owners or their agents. This list shall include the following information for each claim: a. Name of project owner; b. Project completion date; C. Basis for claim; d. Claim or suit amount; e. Current status; and f. Award or Settlement amount. 2. List all claims, demands for arbitration, and/or lawsuits filed by project owners, their agents, or subconsultants against the Proposer, predecessor companies, its agents, or bonding company in connection with the Proposer, its officers, its agents, or bonding company. This list shall include the following information for each claim: a. Name of project owner; b. Project completion date; C. Basis for claim; d. Claim or suit amount; e. Current status; and f. Award or Settlement amount. G. Appendix A - General Information Sheet- Separate Submittal The completed General Information Sheet, which is attached as Appendix A of this RFQ/RFP, must be signed by an officer of the Proposer. Appendix A need not be included with all copies of the proposal, but one original can be placed in a separate identified envelope and included with the proposal submittal. H. Appendix B - Sample Consultant Contract The sample Consultant Contract must be signed, under the clause titled "Sample Agreement Acceptance", on the last page of the contract where indicated. The contract must be signed by the Proposer's corporate principal with contractual responsibility to bind the Proposer to the terms of the Agreement. Refer to Section IX for additional information regarding the sample contract. Appendix B need not be included with all copies of the proposal, but one signed original can be placed in a separate identified envelope and included with the proposal submittal. None of the Attachments to the Consultant Contract need to be completed, they are for reference only at this Construction Management Services for Centennial Corridor(various Phases) Page 9 of 66 09119118 CCAGENDA PACKETPG203 time. However, the attachments are part of the final contract and will need to be submitted by the selected consultant prior to contract award. PROPOSER'S SHOULD BE AWARE THAT THEY WILL NOT BE ALLOWED TO MAKE ANY CHANGES (OTHER THAN DATES, AMOUNTS, ETC...) TO THE SAMPLE AGREEMENT CLAUSES. V. SUBMITTAL OF PROPOSAL Firms responding to this RFQ/RFP must include eight (8) copies of Proposer's submittal. The submittal items must be placed in a sealed envelope bearing the Proposer's name and the following information: Proposal Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California The submittal package must be delivered before the time on the closing date listed in Section III. Schedule, to: To: City of Bakersfield Thomas Roads Improvement Program (TRIP) ATTN: Luis A. Topete, P.E., TRIP City Program Manager 1600 Truxtun Avenue Bakersfield, CA 93301 The City assumes no responsibility for non-receipt of submittal packages due to any delay including, but not limited to, carrier delay. It is the Proposer's responsibility to meet the deadline stated above. Submittals that do not contain the required number of copies and all of the information requested in this RFQ/RFP may be considered non-responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location may be considered non- responsive. Fax or e-mail copies will not be accepted. All submittals become the property of the City of Bakersfield and will not be returned. The City will not award a construction management contract to any firm involved in the design of this project, who performed more than 20% of the design work, or to a firm proposing to use the design consultant as a sub-consultant. This will include, but not limited to, the following firm: Centennial Corridor Project - Parsons Transportation Group VI. SELECTION OF CONSULTANT Construction Management Services for Centennial Corridor(various Phases) Page 10 of 66 09119118 CCAGENDA PACKETPG204 Firms submitting a proposal must provide in their submittal verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for the project(s) as described in this RFQ/RFP. The City will evaluate Proposers based on the following criteria and the relative weighting of importance identified for each of the criteria: A. Construction Manager's availability and experience with similar kinds of work 25% B. Structural Lead's availability and 15% experience with similar kinds of work C. Key personnel (Inspectors, Testers, and Surveyors) 15% experience and availability D. Teams experience and availability 15% E. Management and Technical Approach 15% F. References 10% G. Claims history 5% Total 100% After reviewing the proposals submitted by interested firms, the City will develop a list of the most qualified firms who will then be invited to an interview. Upon completion of evaluation of the presentation/interviews, firms will be ranked. The City will then begin negotiations with the top ranked firm(s) as final design of the various projects nears completion and construction bidding of the project(s) becomes eminent. If an agreement is not reached the City will begin negotiations with the next ranked firm and will continue the process until an agreement is reached. The City reserves the right to award all or multiple projects to one Consultant, award each project to different Consultants, or perform the work via alternative methods (such as with City of Bakersfield staff) and not award a project to any Consultant. VII. SOLICITATION CAVEAT The Proposer and its subconsultants understand and agree that the City shall have no financial responsibility for any costs incurred by the Proposer and its subconsultants in responding to this RFQ/RFP and City shall not be liable for any Proposer's or its subconsultants' costs attributed to their own study and investigation of these Projects. The City shall also have no financial responsibility for any costs incurred by Consultant until Consultant has executed a contract with the City and has been authorized in writing to proceed. The City reserves the right to terminate this RFQ/RFP at any time. Construction Management Services for Centennial Corridor(various Phases) Page 11 of 66 09119118 CCAGENDA PACKETPG205 The submission of a proposal shall be conclusive evidence that the Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Bakersfield. As outlined in Clause 25 of the Sample Consultant Agreement, once final selection occurs the Consultant will need to obtain a City of Bakersfield business tax certificate prior to execution of an Agreement with the City. VIII. CONTRACT DOCUMENTS A sample copy of the City's Consultant Agreement is included as Appendix B to this RFQ/RFP. Please review the agreement carefully. This is the contract that the Consultant will be expected to execute without alteration. An officer of the Proposer must sign and return the "Sample Agreement Acceptance" clause located on the last page of the agreement and return the sample Consultant Contract included in the RFQ/RFP with Proposer's proposal submittal. The signature indicates that the Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement, with the exception that the "COMPENSATION", "TERM AND TERMINATION", "TIME FOR COMPLETION" clauses and other blanks where appropriate will be modified. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and retaining of a different consultant by the City. An Acknowledgment Line below the "Sample Agreement Acceptance" clause will be found below the signature line on the sample agreement. The officer must review the sample agreement carefully prior to signing it. The clause states: "I have received and reviewed the sample CONSULTANT'S AGREEMENT including the INDEMNITY clause which was included in the City's RFQ/RFP. My signature above shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for one of these projects as described in said RFQ/RFP. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified or created to contain the amounts and dates established for this contract." The City will not approve Proposer's requested modifications to the insurance clause nor the indemnity clause of this contract. At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the contract. Compensation to the Consultant under this agreement will be made with federal funds. Therefore, the terms of this agreement are subject to the requirements associated with federal funding. These requirements include DBE Participation Requirements and a Pre Award Audit with Caltrans. Review the attached Sample Agreement for more information on these requirements. It is anticipated that the basis of payment for the services provided under this agreement shall be cost-plus-a-fixed fee. Construction Management Services for Centennial Corridor(various Phases) Page 12 of 66 09/19/1 CCAGENDA PACKETPG26 The Exhibits to the contract (a through e) will be completed at a later date once the Consultant is selected and Scope and Costs are negotiated. Utilize the Exhibits as information only at this time. IX. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the submittal of proposals, the City's review and evaluation of the proposals, and the City's selection of a Consultant for these Projects must be submitted by e-mail, at least 7 calendar days before the proposals are due, to: Luis A. Topete, P.E. Itopete@bakersfieldfreeways.us Answers to questions received will be posted on the PlanetBids website. X. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION The City of Bakersfield is a recipient of Federal Highway Administration or FHWA funds and as a condition of receiving these funds, the City implemented the Caltrans' Race Conscious Disadvantaged Business Enterprise Program, commonly referred to as the DBE Program. The DBE Program is based on federal regulations mandated by the U.S. Department of Transportation or DOT. It is the policy of the City of Bakersfield to ensure that DBEs, as defined in these federal regulations, have an equal opportunity to receive and participate in DOT-assisted contracts. The Consultant shall ensure that DBE firms, as defined by the DBE Program, shall have the maximum opportunity to participate in the performance of this contract and shall take all necessary and reasonable steps for such assurance. The City is required to report to Caltrans on DBE participation for all Federal-aid contracts each year so that attainment efforts may be evaluated. Refer to Exhibit 9-A "California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies." This Exhibit serves as the foundation for the City of Bakersfield's DBE Program. Federal regulations require the computation of specific DBE Project goals for each FHWA funded project. The DBE Goal for these projects has been calculated to be 11% The Consultant will have to either meet the DBE Project Goal shown above, or document adequate Good Faith Efforts were conducted to try to meet this goal. If a ranked Consultant does not meet the goal and the City determines that the Good Faith Effort was not adequate, the Consultant will be rejected and the City will negotiate with the next highest ranked firm. DBE goals achieved by other consultants submitting proposals will be taken in consideration when determining Good Faith Efforts. Construction Management Services for Centennial Corridor(various Phases) Page 13 of 66 09/19/1 CCAGENDA PACKETPG207 Upon successful negotiation of an agreement with a consultant to provide the services requested in this RFQ, the Consultant will be required to submit the following documents (forms) with the executed agreement. These forms will be required to document their DBE efforts and must be submitted to the City of Bakersfield within 2 working days of a City approved Consultant cost proposal. DBE firms identified in Consultant submittals, either as prime Consultants or subconsultants, must be certified with the California Department of Transportation (Caltrans) as of the date of contract execution. See the Caltrans Local Assistance Procedures Manual for more detailed information. These forms are included in ATTACHMENT "E" of this RFQ. The following is a short description of each form: IF THE DBE GOAL HAS BEEN MET THEN SUBMIT: • Exhibit 10-01 "Local Agency Proposer DBE Commitment (Consultant Contracts)": The purpose of this form is to report your firm's dollar commitment to DBEs. • Exhibit 10-02 "Local Agency Proposer DBE Information (Consultant Contracts)": The purpose of this form is to report your firm's dollar commitment to both DBEs and non-DBEs. This form is required only of the successful proposer who will be awarded the consultant contract. IF THE DBE GOAL HAS NOT BEEN MET THEN SUBMIT: • Exhibit 15-H "DBE Information - Good Faith Effort": The purpose of this form is to document your firm's Good Faith Efforts to seek out DBEs. It is important to note that this form will not be required if your firm reaches the New Race Conscious goals for DBEs for these projects. Certified DBE firms can be found at the following Caltrans' website: httl2://www.dot.ca.gov/hg/bel2/find certified.htm The City has made available DBE information at: httl2://www.bakersfieldcity.us/gov/del2ts/12ublic works/projects n programs/disadvantaq ed business enterprise.htm Each Consultant shall review the information at this site, which also includes Appendix A to U.S. Department of Transportation, 49 CFR, Part 26 requirements. Appendix A provides guidance as to Good Faith Efforts. XI. SCOPE OF SERVICES A. Construction Phase Construction Management Services for Centennial Corridor(various Phases) Page 14 of 66 09119118 CCAGENDA PACKETPG208 Perform construction inspection, materials and soils testing, source inspection, and construction management services for the project, including, but not limited to the following tasks or duties: 1 . a. Conduct pre-construction conferences, periodic progress meetings, job conferences and other project related meetings as required. b. Prepare and circulate copies of meeting minutes and/or conference notes to City staff and other appropriate attendees. 2. Act as project coordinator and the point of contact for all communications and interaction between the City and the Contractor(s). Provide support for any inquiries from or responses to Local, State or Federal authorities. Due to the inclusion of work to be done on SR-58 and SR-99, this project will also require the Construction Manager to communicate and coordinate with Caltrans when necessary. 3. Implement the latest version of Primavera Expedition document-tracking program for this project to ensure timely response to submittals, clarifications and correspondence. 4. a. Review and analyze the Contractor's construction schedule(s) and updates. b. Identify areas of concern or discrepancies with schedules. c. Identify key milestones for action required by the City, Contractor, the Design Engineer and Construction Manager. 5. a. Coordinate the design clarification process between the design engineer and contractor. b. Issue necessary interpretations and clarifications of the contract documents. c. Prepare change orders as required. 6. a. Coordinate routing and review of submittals, including shop drawings. b. Perform value engineering review of the Contractor's submittals and shop drawings. c. Establish schedules for the design engineer's timely review. d. Notify the City when submittals are not being reviewed within the scheduled period. 7. Review guarantees; bonds; certificates of inspections and tests, certificates of compliance, and maintenance and operation manuals. 8. Develop a claims avoidance/mitigation plan at the start of construction identifying how change orders and claims will be managed during the Construction Management Services for Centennial Corridor(various Phases) Page 15 of 66 09/19/1 CCAGENDA PACKETPG29 construction of the project to reduce the potential of unreasonable delays and extra costs. 9. In case of a claim, prepare position documents on behalf of the City and present the case during the Dispute Resolution Board hearing. 10. a. Provide daily construction inspections. b. Oversee quality control, materials, and equipment testing. c. Review all certificates of inspections and tests. d. Coordinate the activities of testing laboratory, quality assurance surveyor and special inspectors. e. Monitor Storm Water Pollution Preparation Plan (SWPPP) for compliance f. Construction Manager will make daily observation and inspection of the Contractor's construction to determine compliance with construction plans and specifications. 11 .Provide complete support service for field personnel, including office support and communications equipment. 12.Maintain records to ensure Equal Employment Opportunity (EEO) requirements are performed and documented. Check certified payrolls against daily diaries and prevailing wages. 13.Perform all construction administrative activities, including correspondence and document control. 14.Document construction utilizing daily reports, diaries, monthly reports, telephone logs, photographs, field correspondence and other methods as appropriate. Weekly construction summary to be provided to CITY each week. 15.Prepare daily reports showing men and equipment used on the project, progress of the contractor, and any discussions with the contractor. 16.Identify potential claims and make recommendations to resolve them. 17.a. Evaluate, recommend and prepare change orders. b. Coordinate the design engineer's review and evaluation of the change orders. c. Coordinate any design work needed for the change order with the design engineer. 18.Conduct off-site inspections of equipment or materials as authorized by the City. Construction Management Services for Centennial Corridor(various Phases) Page 16 of 66 09119118 CCAGENDA PACKETPG210 19.Prepare and recommend approval of monthly progress payments and final payment. Track project costs. 20.Review, monitor, and ensure compliance of the project's Environmental Commitments Record. 21 .Perform Biological and Paleontological surveys as required. 22.Monitor as-built record drawings maintained by the contractor on a regular basis. 23.Coordinate with designer and City staff the preparation of As-Builts and Project close out documentation. 24.a. Perform final inspection and prepare punch lists. b. Submit to the City a statement that any deficiencies noted have been corrected. This statement must be made prior to issuance of the Certificate of Completion for this project. 25.a. Turn all construction documents over to the City. b. Submit a project file containing copies of all pertinent correspondence, memorandums, calculations or other data developed during all phases of the project. When contracted work is accepted, all completed plans, drawings, documents, studies, photos, reproducible, recorded media, etc., used in the planning, research, design, bidding and construction of the project shall become the property of the City, including their copy rights and any inherited interests. XII. RESPONSIBILITY MATRIX The following table displays the main tasks (responsibilities, duties or work elements) to be performed by the City, the Construction Manager, the Design Consultant and the Construction Contractor. Construction Management Services for Centennial Corridor(various Phases) Page 17 of 66 09119118 CCAGENDA PACKETPG211 RESPONSIBILITY MATRIX TABLE (To be used with Sections III and IV. This table is not intended to be all inclusive) CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION RESPONSIBILITY MATRIX P=Primary Responsibility S=Secondary Responsibility Tasks (Work Elements) City Construction Design Construction Management Consultant Contractor Consultant Attend project review meeting(s)with City staff P S S Conduct/attend preconstruction meeting S P S S Issue Notice to Proceed P Conduct periodic coordination meetings S P S Prepare and distribute meeting minutes P Review construction plans and specifications with S P S P contractor(s) after award of construction contract Prepare detailed construction schedule P Review and approve construction schedule P Monitor construction schedule P P Collect, process and distribute Requests for Information P S (RFI) Respond to RFI's and questions regarding the Plans and S/P S/P P Specifications Maintain RFI log P S Prepare and Distribute submittals for review P P Review submittals S P/S P Maintain submittal log P S Maintain field files S P Copy and distribute correspondence P Maintain correspondence log P Perform daily inspection of the construction of the project P Prepare weekly statements of working days and maintain P daily diaries including Men & Materials diaries Determine compliance with construction plans and P S specifications Construction Management Services for Centennial Corridor(various Phases) Page 18 of 66 09/19/1 CCAGENDA PACKETPG212 Coordinate material testing P S Tasks (Work Elements) City Construction Design Construction Management Consultant Contractor Consultant Provide construction survey staking P Perform DBE Prompt Payment Interviews (City Form) S P Prepare formal letters to contractor S P S Prepare and process change orders S P S Prepare and approve monthly progress payments and final S P payment Prepare monthly status report P Prepare punch-list P Perform final inspection of the completed construction S P S Conduct functional system testing S S P Maintain as-built plans P P Review as-built plans S P Prepare as-built drawings P Implement Air Pollution Control Requirements S P Construction Management Services for Centennial Corridor(various Phases) Page 19 of 66 09/19/1 CCAGENDA PACKETPG213 APPENDIX "A" GENERAL INFORMATION SHEET REQUEST FOR QUALIFICATIONS/ REQUEST FOR PROPOSAL (RFQ/RFP) Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California Construction Management Services for Centennial Corridor(various Phases) Page 20 of 66 09/19/1 CCAGENDA PACKETPG214 $OR4 COVRPORATc�. Appendix "A" -- General Information Sheet h gO U � d Construction Management Services for Centennial Corridor Project (Various Phases), c`�LIF ORS Bakersfield, California Date: Legal Name of Firm: Type of Organization: Individual, Partnership or Corporation For corporations, the state in which the firm is incorporated: Federal Employer I.D. Number: Street Address: Mailing Address: Telephone Number: Facsimile Number: Name of Principal-in-charge Title License Number Name of Project Manager Title License Number Signature of an officer of the firm Title Date Construction Management Services for Centennial Corridor(various Phases) Page 21 of 66 09/19/1 CCAGENDA PACKETPG215 APPENDIX B SAMPLE CONSULTANT'S AGREEMENT REQUEST FOR QUALIFICATIONS/ REQUEST FOR PROPOSAL (RFQ/RFP) Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California Construction Management Services for Centennial Corridor(various Phases) Page 22 of 66 09119118 CC AGENDA PACKET PG 216 AGREEMENT NO. CONSTRUCTION MANAGEMENT AGREEMENT This CONSTRUCTION MANAGEMENT AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY"), and authorized to conduct business in California ("MANAGER"). R E C I T A L S WHEREAS, CITY is undertaking the following project: (the "Project"); and WHEREAS, CITY issued a Request for Qualifications/Request for Proposals ("RFQ/RFP") for construction management services for the Project, and MANAGER submitted a proposal; and WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work; and WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and WHEREAS, based on MANAGER's representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein; and WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows: 7. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the RFQ/RFP, attached hereto and incorporated herein as Exhibit A, and as provided in the scope of work description prepared by MANAGER, attached hereto and incorporated herein as Exhibit B. Collectively, the RFQ/RFP and the scope of work description are referred Construction Management Services for Centennial Corridor(various Phases) Page 23 of 66 09/19/1 CCAGENDA PACKETPG217 to herein as "Scope of Work." MANAGER's services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 8. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER'S Cost Proposal, attached hereto and incorporated herein as Exhibit C' unless additional reimbursement is provided for by amendment of the Agreement. In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed 8.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $ . The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by amendment of the Agreement. 8.2. The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee, shall not exceed $ ("Compensation"). 8.3. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. 8.4. When milestone cost estimates are included in the approved Cost Proposal, MANAGER must obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 8.5. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. 8.6. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs, upon receipt by and approval of CITY's Contract Administrator of itemized invoices in triplicate. A pro rata portion of MANAGER's fixed fee will be included in the monthly progress payments. Invoices shall be submitted no later than 45 calendar days after Construction Management Services for Centennial Corridor(various Phases) Page 24 of 66 09/19/1 CCAGENDA PACKETPG21 the performance of work for which MANAGER is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. CITY will withhold a portion of MANAGER's payment when required by the City of Bakersfield Municipal Code for the time period and purposes set forth therein. If applicable, CITY shall have the right to delay payment or terminate this Agreement in accordance with the provisions herein if MANAGER fails to submit the required deliverable items according to the Scope of Work. Invoices shall be mailed to CITY's Contract Administrator at the following address: CITY OF BAKERSFIELD 1600 Truxtun Avenue Bakersfield, California 93301 8.7. The final invoice must contain the final cost and all credits due to CITY including any equipment purchased under the provisions herein. MANAGER may submit to CITY a final invoice only when all of the following items have occurred: (1 ) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to CITY's satisfaction; and, (3) Caltrans has issued its final ICR review letter. MANAGER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than 60 days after occurrence of the last of these items. 8.8. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by CITY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 8.9. MANAGER agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various state and federal programs. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 8.10. CITY reserves the right to reject any work that is inadequate or incomplete without being charged for any extra time or compensation by MANAGER. 8.11. MANAGER must notify CITY when the Scope of Work is 75% complete or when 75% of the budget for the Scope of Work has been expended. Construction Management Services for Centennial Corridor(various Phases) Page 25 of 66 09119118 CCAGENDA PACKETPG219 9. 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. 10. STATE PREVAILING WAGE RATES. 10.1.1. MANAGER shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. 10.1.2. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. 10.1.3. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See httl2://www.dir.ca.gov. 11. TIME FOR COMPLETION. MANAGER shall complete all assigned tasks set forth in the Scope of Work no later than 12. TERM. This Agreement will terminate upon completion of the Scope of Work or on , whichever is earlier. Should any claims against CITY or MANAGER arising out of the Scope of Work be asserted during the term of this Agreement, CITY and MANAGER may agree to extend the termination date of this Agreement. 13. TERMINATION. CITY reserves the right to terminate this Agreement upon thirty- calendar-days written notice to MANAGER with the reasons for termination stated in the notice. Construction Management Services for Centennial Corridor(various Phases) Page 26 of 66 09119118 CCAGENDA PACKETPG220 13.1. CITY may terminate this Agreement with MANAGER should MANAGER fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this Agreement with MANAGER, CITY shall pay MANAGER the sum due to MANAGER under this Agreement prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the Agreement. In which case, the overage shall be deducted from any sum due MANAGER under this Agreement and the balance, if any, shall be paid to MANAGER upon demand. 13.2. If the Agreement is terminated for CITY's convenience, MANAGER will be paid for completed work and for termination costs. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 . Subpart 31 . 205-42 (c) dealing with initial costs is not applicable to architectural and engineering agreement terminations. 14. CONTRACT ADMINISTRATOR. The Contract Administrator for CITY is: Name City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661 ) 326-3700 MANAGER's Construction Manager is designated as: Name Company Address 1 Address 2 Phone The Contract Administrator and the Construction Manager will be the primary contact persons for CITY and MANAGER, respectively. 15. KEY PERSONNEL. At CITY's request, MANAGER must name all key personnel to be assigned to perform the Scope of Work. All key personnel must be properly licensed and experienced for the Scope of Work. MANAGER must provide background for each of the key personnel including, without limitation, resumes and work experience in the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER may not change such personnel without CITY's written approval. CITY reserves the right to request replacement of either MANAGER's employees or subcontractors who may not be Construction Management Services for Centennial Corridor(various Phases) Page 27 of 66 09/19/18 CC AGENDA PACKET PG 221 performing at an acceptable level. CITY intends to perform yearly performance reviews of MANAGER. 16. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER's performance of the Scope of Work as an independent contractor. MANAGER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement may not be construed as forming a partnership or any other association with MANAGER other than that of an independent contractor. 17. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. MANAGER will supply all equipment, tools, materials, and supplies necessary to perform the Scope of Work. 19. EQUIPMENT PURCHASE. Prior authorization in writing, by CITY'S Contract Administrator, shall be required before MANAGER enters into any unbudgeted purchase order or subcontract exceeding $5,000 for supplies, equipment, or MANAGER services. MANAGER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in MANAGER's Cost Proposal and exceeding $5,000, MANAGER shall submit three competitive quotations along with the request for prior authorization to CITY's Contract Administrator, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following: "MANAGER shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, MANAGER may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures, and credit CITY in an amount equal to the sales price. If MANAGER elects to keep the equipment, fair market value shall be determined at MANAGER's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to CITY and MANAGER, if MANAGER is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 20. CONFLICTS OF INTEREST. 20.1. MANAGER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement, or any Construction Management Services for Centennial Corridor(various Phases) Page 28 of 66 09119118 CCAGENDA PACKETPG222 ensuing CITY construction project. MANAGER shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing CITY construction project. 20.2. MANAGER hereby certifies that it does not now have, nor shall it acquire, any financial or business interest that would conflict with the performance of services under this Agreement. 20.3. MANAGER hereby certifies that neither MANAGER, its employees, nor any firm affiliated with MANAGER providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. 20.4. MANAGER further certifies that neither MANAGER, nor any firm affiliated with MANAGER, will bid on any construction subcontracts included within the construction contract. Additionally, MANAGER certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement. 20.5. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this Agreement shall have provided services on the design of any project included within this Agreement. 21. NO CITY INTEREST. No officer or employee of CITY will hold any interest in this Agreement, (California Government Code 1090). 22. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY will not constitute a waiver of any portion or any provision of this Agreement. 23. LICENSES. MANAGER must, at MANAGER's sole cost and expense, have at the time of bidding or proposal submission, and must keep in full force and effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for MANAGER to practice its profession in the State of California. MANAGER, if a corporation or partnership, must, at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY must have no less than a four-year college degree in the appropriate field of study as determined by CITY. MANAGER must submit proof of the required education to CITY upon bid or proposal submission. 24. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement will not constitute a waiver of that party's right to Construction Management Services for Centennial Corridor(various Phases) Page 29 of 66 09119118 CCAGENDA PACKETPG223 enforce such a provision at a later time, and will not serve to vary the terms of this Agreement. 25. COMPLIANCE WITH ALL LAWS. MANAGER must, at MANAGER's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and 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. If the applicable requirements described above are subsequently amended, resulting in a material change in the Scope of Work or a related project schedule, the amended requirements may be included in the Scope of Work, if the parties to this Agreement concur. 26. INDEMNITY. 26.1. MANAGER must indemnify, defend, and hold harmless CITY and CITY's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, arising from MANAGER's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2. For work performed by MANAGER under this Agreement where the provisions of Civil Code section 2782.8 apply, the MANAGER must indemnify, defend, and hold harmless CITY and CITY's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER. 27. INSURANCE. 27.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 27.1.1. 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 Construction Management Services for Centennial Corridor(various Phases) Page 30 of 66 09119118 CCAGENDA PACKETPG224 personal injury, with limits of not less than $1 ,000,000 per occurrence. 27.1.2. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1 ,000,000 per occurrence. 27.1.3. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. The policy must: 27.1.3.1. Provide contractual liability coverage for the terms of this Agreement; 27.1.3.2. Provide unlimited products and completed operations coverage; 27.1.3.3. Provide premises, operations, and mobile equipment coverage; and 27.1.3.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 27.1.4. Workers' compensation insurance with limits of not less than $1 ,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861 , MANAGER must submit to City the following certification before beginning any work under this Agreement: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, MANAGER is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. Construction Management Services for Centennial Corridor(various Phases) Page 31 of 66 09119118 CCAGENDA PACKETPG225 27.2. General Provisions Applying to All Insurance Types. 27.2.1. All policies required of MANAGER must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 27.2.2. All policies required of MANAGER must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of MANAGER's insurance and must not contribute with it. 27.2.3. 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. 27.2.4. 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. 27.2.5. Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.2.6. It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement. Construction Management Services for Centennial Corridor(various Phases) Page 32 of 66 09/19/1 CCAGENDA PACKETPG226 27.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section. 28. THIRD PARTY CLAIMS. CITY will timely notify MANAGER of third party claims relating to this Agreement. CITY will be allowed to recover from MANAGER, and MANAGER must pay on demand, all costs of notification. 29. CONFIDENTIALITY. During the term of this Agreement, MANAGER may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, MANAGER will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. 30. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, will, upon preparation, become CITY's property. 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 32. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. MANAGER agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 .000 et seq., shall be used to determine the cost allowability of individual items. MANAGER also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to MANAGER that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 .000 et seq., are subject to repayment by MANAGER to CITY. 33. RETENTION OF RECORDS/AUDIT. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21 , California Code of Regulations, Chapter 21 , Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, MANAGER, subcontractors, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence Construction Management Services for Centennial Corridor(various Phases) Page 33 of 66 09119118 CCAGENDA PACKETPG227 pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of MANAGER and it's certified public accountants (CPA), work papers that are pertinent to the contract, and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 34. AUDIT REVIEW PROCEDURE. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by CITY'S Finance Director. Not later than 30 days after issuance of the final audit report, MANAGER may request a review by CITY'S Finance Director of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by CITY will excuse MANAGER from full and timely performance, in accordance with the terms of this Agreement. MANAGER's Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by MANAGER and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by MANAGER to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement's terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 34.1. During a Caltrans' review of the ICR audit work papers created by the MANAGER's independent CPA, Caltrans will work with the CPA and/or MANAGER toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the MANAGER at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31 ; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I. Provisional rates will be as follows: 34.1.1. If the proposed rate is less than 150%, the provisional rate reimbursed will be 90% of the proposed rate. 34.1.2. If the proposed rate is between 150% and 200%, the provisional rate will be 85% of the proposed rate. Construction Management Services for Centennial Corridor(various Phases) Page 34 of 66 09119118 CCAGENDA PACKETPG228 34.1.3. If the proposed rate is greater than 200%, the provisional rate will be 75% of the proposed rate. 34.2. If Caltrans is unable to issue a cognizant letter as described above, Caltrans may require MANAGER to submit a revised independent, CPA-audited ICR and audit report within three months of the effective date of the management letter. Caltrans will then have up to six months to review the MANAGER's and/or the independent CPA's revisions. 34.3. If the MANAGER fails to comply with the provisions of this section, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this Agreement. The provisional ICR will apply to this Agreement, and all other agreements executed between CITY and MANAGER, either as a prime or subcontract, with the same fiscal period ICR. 35. COVENANT AGAINST CONTINGENCY FEES. MANAGER warrants that it has not employed or retained any company or person, other than a bona fide employee working for MANAGER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, CITY will have the right to annul this Agreement without liability, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 36. CHANGES IN WORK. Changes in work must only be made in accordance with this Agreement. If it is essential for extra work to be performed immediately, CITY's Contract Administrator and MANAGER's Construction Manager must agree in writing as to the scope of the extra work and the nature and, if possible, the amount of compensation therefore. As soon as possible, CITY's Contract Administrator must prepare an amendment to this Agreement and cause it to be approved as set forth in the Bakersfield Municipal Code. 37. SUBCONTRACTING. 37.1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any subcontractor(s), and no subcontract shall relieve MANAGER of its responsibilities and obligations hereunder. MANAGER agrees to be as fully responsible to CITY for the acts and omissions of its subcontractor(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of Construction Management Services for Centennial Corridor(various Phases) Page 35 of 66 09119118 CCAGENDA PACKETPG229 persons directly employed by MANAGER. MANAGER's obligation to pay its subcontractor(s) is an independent obligation from CITY'S obligation to make payments to MANAGER. 37.2. MANAGER shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by CITY's Contract Administrator, except that which is expressly identified in the approved Cost Proposal. 37.3. MANAGER shall pay its subcontractors within ten calendar days from receipt of each payment made to MANAGER by CITY. 37.4. Any substitution of subcontractor(s) must be approved in writing by CITY's Contract Administrator prior to the start of work by the subcontractor(s). 38. DEBARMENT AND SUSPENSION CERTIFICATION. 38.1. MANAGER's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that MANAGER has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (non procurement)," which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exceptions to this certification must be disclosed to CITY. 38.2. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining MANAGER responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. 38.3. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 39. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. MANAGER warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY will have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work Construction Management Services for Centennial Corridor(various Phases) Page 36 of 66 09119118 CCAGENDA PACKETPG230 actually performed, to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 40. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING. MANAGER certifies to the best of his or her knowledge and belief that: 40.1. No state-, federal-, or local agency-appropriated funds have been paid, or will be paid by, or on behalf of, MANAGER to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 40.2. 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 federal 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 MANAGER must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 40.3. 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 , US. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 40.4. MANAGER also agrees by signing this Agreement that it will require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such subrecipients must certify and disclose accordingly. 41. DBE PARTICIPATION REQUIREMENTS. This Agreement is subject to additional clauses which are defined on the attached Exhibit E and are incorporated herein by reference. 42. CERTIFICATIONS. This Agreement is subject to additional clauses which are defined as the Certification of CITY, attached hereto as Exhibit F, and Certification of MANAGER, attached hereto as Exhibit G, both of which are incorporated herein by reference. Construction Management Services for Centennial Corridor(various Phases) Page 37 of 66 09119118 CCAGENDA PACKETPG231 43. STATEMENT OF COMPLIANCE 43.1. MANAGER's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that MANAGER has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. 43.2. During the performance of this Agreement, MANAGER and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. MANAGER and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. MANAGER and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. MANAGER and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 43.3. MANAGER shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. 43.4. MANAGER, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, MANAGER shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. MANAGER shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. Construction Management Services for Centennial Corridor(various Phases) Page 38 of 66 09119118 CCAGENDA PACKETPG232 44. MISCELLANEOUS. 44.1. 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 must be brought in Kern County, California. 44.2. 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. 44.3. Notices. All notices relative to this Agreement must be given in writing and 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 will be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 MANAGER: 44.4. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable, or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 44.5. 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. 44.6. Interpretation. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. Construction Management Services for Centennial Corridor(various Phases) Page 39 of 66 09119118 CCAGENDA PACKETPG233 44.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be considered as an original and be effective as such. 44.8. Merger and Modification. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 44.9. Tax Numbers. MANAGER's Federal Tax Identification No.: MANAGER is a corporation? Yes No (Please check one) 44.10. 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. 44.11. 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. 44.12. News Releases/Interviews. All news releases, media interviews, testimony at hearings, and public comments relating to this Agreement by MANAGER are prohibited unless authorized by CITY. 44.13. Included Documents. Any bid documents, including, without limitation, any request for proposals, request for qualifications, and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. (Signatures Next Page) Construction Management Services for Centennial Corridor(various Phases) Page 40 of 66 09119118 CCAGENDA PACKETPG234 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "MANAGER" CITY OF BAKERSFIELD MANAGER Name By: By: KAREN GOH, Mayor Name, Title APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Exhibits: Exhibit A-Request for Qualifications/Request for Proposal Exhibit B-Scope of Work Description Exhibit C-Cost Proposal Exhibit D-Certificates of Insurance Exhibit E-DBE Requirements Exhibit F-Certification of City Exhibit G-Certification of Manager Construction Management Services for Centennial Corridor(various Phases) Page 41 of 66 09/19/1 CCAGENDA PACKETPG235 SAMPLE AGREEMENT ACCEPTANCE I have received and reviewed the sample CONSULTANT AGREEMENT including the INDEMNITY clause which was included in the City's RFQ. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified or created to contain the amounts and dates established for this contract. BY: TITLE: Construction Management Services for Centennial Corridor(various Phases) Page 42 of 66 09/19/1 CCAGENDA PACKETPG236 EXAMPLE ONLY ATTACHMENT A REQUEST FOR QUALIFICATIONS/ REQUEST FOR PROPOSAL (RFQ/RFP) Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California Construction Management Services for Centennial Corridor(various Phases) Page 43 of 66 09/19/1 CCAGENDA PACKETPG237 EXAMPLE ONLY ATTACHMENT B SCOPE OF WORK Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFQIRFP. Construction Management Services for Centennial Corridor(Various Phases) Page 44 of 66 09119118 CCAGENDA PACKETPG 238 EXAMPLE ONLY ATTACHMENT C COST PROPOSAL Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFQIRFP. Construction Management Services for Centennial Corridor(Various Phases) Page 45 of 66 09119118 CCAGENDA PACKETPG 239 EXAMPLE ONLY ATTACHMENT D Certificates of Insurance Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFQIRFP. Construction Management Services for Centennial Corridor(Various Phases) Page 46 of 66 09119118 CCAGENDA PACKETPG 240 EXAMPLE ONLY ATTACHMENT E DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IMPLEMENTATION AGREEMENT AND DBE PARTICIPATION REQUIREMENTS Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFQ/RFP. Construction Management Services for Centennial Corridor(various Phases) Page 47 of 66 09/19/1 CCAGENDA PACKETPG241 Local AssisWwc I'vocedures Alanwd EXHIBI J'9-A (',afifortiia Department of"I'ransporto6w)DBE, hjipleawotafiota A rccaaacaal for Local A�cocies EXHIBIT 9-A CALIFORNIA DEPARTMENTOF TRANS11014TATION DISADVANTAGE.])BUSINESS FATERPRISE IMPLEMENTATION AGREENIENTFOR LOLAL AGENOES CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVAN'1"AGED BUSINESS ENF.1-'1,'RPRIS1".' IMPLEMENTATION AGREEMENT I-',"OR LOCAL AGENCIES page 9-33 ,lar y 31«'2009 Construction Management Services for Centennial Corridor(Various Phases) Page 48 of 66 09119118 CCAGENDA PACKETPG 242 1AIIII11T 9-A Lo"d Assis(awlce Procedures Manual California Department o�f Transportation DBE Implementation Agreement fin-Local Agencies CAIAP'ORNIA DEI!'AR'I'MENI'()14"I'RANSPOR'I'A'I'ION DISADVANTAGED BUSINESS ENTERF'RISE IMPLEMENTATION AGREENIENT For the City/Co nrity of licreina Rer referred to as "Rf`(-jPIEN'J".'" I Definition offernis The terms Used in this agreement have the meanings defined in 49 0,R §26.5. 11 0 13.)FCTIV E/1101,ICY S"FATEMEINT(§26/1,26/23) The REC:'IWII? "f intends to receive federal financial assistance from the U, S.Dep"nInwrit OfTransportation (DOT)through the Califomia Department of"I ransportation(Caltrans),and as a condition of recdving this assistance,the RFCIPIENT wffl sign the California Department of"Fransportation Dkadvamaged tioOwss Enterprise trnpcirentation Agreenient(hereinafter referred to as Agreement).The REk"IPIENT agrees to implement the State of('' Department epartment of I D ransportation isadvantaged Business I-Interprise(l)[11") P1,0gran)Plan(hereinaller referred to as they DBE Prograrn Phaiq as it pertains taw local agencies,The DBE Program Plan is based or)US,Department of Transportation(Doul,),49 CfR,Part 26 requirements. It is the policy of the RECIPIENT to ensLire that DBLs.as defined in Part 26,have an CqUal opportoni6y to re ceive and 1, xirficipate in DOT-assisted contracts.It is also their policy: T'cr ensure riondiscrinimation its the award and administration ofDOT-assisted contracts. To create a level playing rwtd on which DBE's can compete faurly for DOf-assisted contracts. 1 o ensure that their annual overal I DBE participation percentage is,narrowly tailored,in accordance with applicable law. To ensure that only firnis that fnily meet 49 CFR,Paint 26 eligibility standatds are permitted Ao participate as DRFs. l'o,help remove barriers to the parlicipalion ofDBEs in DOJ-assisted contracts. ,rc):assist the(teveiopirieni offirnis that can compete sticcessfidly in the market place ootside the DBE Program. III Nondiscrimination(§26.7) RECIPIENT skill noer exckide any person fi-orn participation in,deny any person the benefits of''or°otherwm discriminate against anyone in connection with the award and peribirnance ofany contract covered by 49 Cf'R, Part 26 on the basis of race,color,sex,or national origin.In administering the local agency components of the DRI",Program Plan,the RFOPIFNITwill not,direcily,or throtigh cwitracttial or other arrangements,tise criteria or ateffiods of administration that have the effp,ct of defeating or substantially impairing accoraphshrrient of the objectives offlie DBE Program N211 With reSPCCt to indiVi(h.WS ofa particailar race,color,sex,or nafional origin. Page 9,-34 Jitly 3I,2009 LLP 09-02 Construction Management Services for Centennial Corridor(Various Phases) Page 49 of 66 09/19/18 CC A GENDA PA C PG 243 Local Aisistance Procedures Mannal EXHIBIT9-A (Aiforriia Department of'l ranspor(ation DBE Implententation Agreement for Local Agencies IV Annual DBE Submittal Foryn(§26.21) The RF1'('lI1lF:NT wRI provide to the('allonis Dstrict Local Assistance F.Tignteer(DIAE)a completed"Local Agency DBF Annual Submittal Form(Exhibit 9-13)"b) June I ofeach year for the f6flowing Federal l"iscal Year (f-FY)."flus fonn includes an A nnual Anticipaied DBE'parficipatwn Level(AADIlL.),methodology for establishing the AADPL-Clic manic,phone number,w')d electronic mauling address of r1w designated DBE'LO,and the choice Of 11rompt Ila),Provision to be used by the RE(APIENTJor clic following FTY. V Race-Neutral Means of'Meeting the Werall Stateuide Annual DRE Goal(§26,51) RWI[It ENT in List meet Ore maxhirunt feasible portion of its AADJIL by using race neknTal tneaus.,ol'ka6fitating IN*participation. Rice noutrall DHE participation includes any linric a DBE wins as printe cc1nh'aQt jilroLlgh custornary competitive procurement procedures,is awarded a subcontract on as prinic contract that does not carry a gual,oi even if there is a DBE goul,wvins a subconnact from a prin-re contractor that did not consid:or its D13F staflus in making the a,,r,,d(c.g,_a prime contractor thm uses a strict low-bid system to award subcontracts), Race neutral means include,but are not I innted to,the fcdlowing= 1. Arranging solicitafions,tinics for the presentation of'Nds,CILMIlakiCS,specifications,and dehvery schedules in wa.ys that facilitate DBE,and other small businesses,participation(e.g.,unbundling large contracts,to make them more accessible to smalt businesses,requiring or encouraging pritne contractors to subcontract portions of work that they might,otherwise perform with their own forces), 2. Providing assistance in o%ercorning limitations such as inability to obtain bonding or financing by mwli nicans as shriplifying the bonding process,reducing bonding reqUirefnetItS,elinlinUting the iMpnet of sm'cfy costs front bids,and tirm iding services to help DBEs,and other small businesses,obtain building and financjng); 3. providing technical assistance and other services; 4, (,'arryting out infixination and conirnmilcation programs on contracting procedures and specific Contract 0J)POrlUnifiCS CaSUring ilia inclusion of DBEs arid other smafl businesse,',on recipient mailing fists of. bidders;ensuring the cfisw. niinatron to bidders on prime eontracts of lusts of potential subconhuetors� provision of information in languages other than English,where appropriate); 5. Implementing a supportive senices program to develop and improve initnediate and long-tenn business management,record keeping,and financial and acCOL111ting capability for DBEs and other sniall husiriessesi 6- providing services to lielp INIFs and other small businesses,improve long-term(level opn:wnt,increase opportunitie's,to Participate in a variety of types ofwork,handle increasingly significarit propects,arid achieve eventLW self sufficiency 7. F"Mablishing a program to aassnst new,start-up firms,particularly in fields in which tAll"participation has tristoricaHy been low, & Ensuring distribution of your DBF'directory through print and electronic means to the widest feasible unoverse ofpole ntial prime contractors;and 9Assisting DBEs and other sinafl businesses to develop their capability to utilize enierging technology and conduct business flirough electronic media. Page 1)-35 LPP W02 July 31,2009 Construction Management Services for Centennial Corridor(Various Phases) Page 50 of 66 09/19/18 CC A GENDA PA C PG 244 EXHIBIT 9 A Local Assistance Procedures Manual California Department of"r,ansporiation r)BE linplententation Agreement for Local Agencies V1 Race Conscious Means of Meeting the Overall Statewide Annual DBE Goal(§26.51(d)) RECIPIFINTnIUSt establish contract goals for Lhiderutilized Disadvantaged Business F'nierpriws(UDBE"s)to nicet any portion of your AADPL you do riot project being able to meet using race neutral means. UDBEs are Bruited to thew cer-fified DBEs that are owned arid controlled by African Americans,Native Aine6cans, WOMen, and Asian-Pacific Americans. V11 Quotas(§26.43) RE,CfF1fENT w,vill not use qUotas or set-asides in any way,in the administration of the local ageney component of the DBE Program Mai, V111 DBE Liaison Officer(DBELO)(§26.25) R FIX'IPIENT has designated a DBE Liaison Officer,The DBEI'LO is responsible for implementing the 171311" Program Plari as it pertains to the RECIPIENT,air([ensures that the RECIPIEN'r is Fully wid properly advised concerning DBE,11rograrn Plan matters,[Specify resources available to the DBF'LO„c,g.,dw DBELO has a staff' oftwo profcssional empkayees assigned to the D11F.program on a fulkime basis and two support personnel who devote a portion of their time to the prograrn.] The name,address,telephone number,electronic tnail address,and an organization chart displaying the DBELO's Position in the organization are found in Attachment to dais Agreement.This information will be updated annually and included on the DBE,Annual Submittal Form. The INIFLO is responsible for developing,implementing,and monitoring the RE'( WIEN I's requirements of the DBE Progualn f1an in coordination with other appropriate officials.Dirties and responsibififles include the l'ollowing, I. Gathers and a'CPOTU stinistical data and other ufforrnation as required. 2, Reviews third party contracts and purchase requisitions for compliance With this program. 3. W(..)rks a,vitli all departinents,to determine prqjected ATITural Anticipated DBF.'Participa6on Level. 4. E'Arsures that bid notices and requests for proposals are made available to DBF s in a timely manner. 5, Analyzes DBE part icipiai on and identifics,ways to encourage participation through race neutral nicans- 6, Participates in pre-bid meetings. 7. Advises the CLIO/goveming body on DB]"matters and IAW race neutral issues. 8. Pro,,ides DBEs with information and reconnnends sources to assist in preparing Ibids,obtaining lbonding a"d insurance. 9, Pians and participates in DBE training seannars. 101. Provides outreach to DB,Es and coluloUnny OrgaTliZatiOnS to fully advise thCo"r of contracting opportunities. Page 9-36 .July 31,2009 1,111'09-02 Construction Management Services for Centennial Corridor(Various Phases) Page 51 of 66 09/19/18 CCAGENDA PACKETPG 245 Uical Assistance Procedures Manual EXHIBIJ 9-A (,"tififornia Department ot'l ransportotion DBU hriplementatiou Agreement for Local Agencies IX Federal Financial Assistance Agreement Assurance(§26,13) RF, fill ENTNNiH sign flue following assurance appilicable to and to[)a aiduded in all DOI-assisted contracts and their a(fininistrafion,as part of thea prograrn suppleUlCut agreernew for each prqject, ']"lie recipicm shal I not dkeriminate on the basis of race,color,national origin,or sex in the award and perforrnance of any DOT-assisted contract,or in the administration of its DBE Prograrn,or the requirements of T9 0-R,part 26.The recipient shall take a[I necessary and reasonable sleps,under-49 41 1t,Part 26 to ensure nondiscrimination in[tie award and administration off.OI-assisted contracts. Fite recipient's DBE Prograrn,as required by 49('I Fl ,Part 26 and as approved by DOT,is incorporated by reference in ffik,agreenwilt. implernentation of this program is a legal obligation and failure to carry out its terms shall be treated as a viohation of this a6reerrient. Upon notificatton to the recipient ofits failure to carry out its approved program,tile Depan-trncnt may impose sanctions its provided for under Part 26 and may, in apj.-)ropnate cases,refer the matter for enforcement under 18 l"J'sX", 1001 and/or the Program FiaLKI(,`ivil Remedies Act of 1986(3 1 US.C.380 1 et swag.). Note this language is to,he used verbatun,as it is stated in§26 13(a) X DBE' Financial Institutions(§26.27) h is the policy ofthe 6tE0PIFIN IF to investigate the full extent of services offered by financial fi-istitutions ovmcd and controlled by socially avid economically disadvantaged individuals in the COM11,11-Mily to make reasonable efforts to USC these institutions,and to encourage prime contractors on DOT-assisted contracts to make use of these insliulfions. Intbraration cut the availability ol'such institutions"ul be obtained from the DBELO,'file Caltrans Disadvantaged Business,Enterprise prograrn may offer assistance to the DBEIXY X1 Directory(§2(.31) RE(1PlF.NT\N6ll refer interesitui persons to the Unified('ertification Program DBE directory available from the ahrans Disadvantaged Business E`nterpfisc 11rograrn's Web site at:axwwafire x,y.gov!",I K� p, XII Required Contract Clauses(§§26.13,26.29) RF('lPH,,'NT ensures that the FOHOW1ug ClaUSeSor e(JUM'Ilenl Will he included in each DOI-assisted prime contract: A.Contract Assurance The contracwr or sulicontractor shaH not discriminate oil the basis of race,coicir,national origin,or sex in the perforinance of this contract,The contractor shall carry out applicable requirements of49 CTR,Part 26 in the award and administration cif DO I-assisied contracts. Failure by the contractor to carry out these requirements is an material breach of this contract,which rnay result in the terinination of this contract Or such offier rernedy,as recipient deems appropriate. [Note- This language is to be used verbatim,as is stated in §26.13(b),See C'altrans Surnple Boilerplate Contract Documents oil the Internet at w%v%v.dol,ca.gov/liq/1.,ocalPt-ograiTis under-publications." Page 9-37 t1PP(0-02 July 31,2069 Construction Management Services for Centennial Corridor(Various Phases) Page 52 of 66 09/19/18 CC A GENDA PA C PG 246 EXII I B IT 9-A Local Assistance Procedures Nianind California Department ofTs'wisportatimi DBE Implementation Agreement ft)r Local Agencies B, Prompt Payment Prompt Proeress Ilavaient to Stilacontractors The local agency shall require Contractors and SUbcontractors to be timely paid as set forth in Section 71(15.5 of"the("alifinmia Business and Proflessions('ode concerning prompt paNInCra 10 Wbcontract(:n's. The W-day is applicable unless a longer period is agieed to in writing.Any delay or postponenwnt of payment over thirty (30)days may`take placer only for good Cause and with the agency`s prior-written approval-Any violation ol'Section 7108.5 shall sutsjccl the violating contractoi or subcontractor to the penalties,sanefions,and other remedies ofl that Section.This requirement shall not be construed to lnu4 or irnpair ,Any contractural„administrative,or judicial remedies,otherwise available to ffic contractor or subcontractor !it the event of a dispute involving late pay nrent or rir)npayrnent by the contractor,deficient SUbCOnIradOI performance,andior noncompliance by as subcontractor.This clause appHes to both DBE and non-I)BE subcontractors. IpTompt Payment of Withheld Funds to Sidwontractors The local agency shall ensure prompt and full payment of retainage from the prinic contractor to the subcontractor within thirty(30)(lays after the subcontractor's work is satisfactorily completed and accepted,J his shall be accoinparded by including cither(t),(2),or(3)of the following provisoons I local agency equivalent wHIl need Oltrans approval]in their federal-aid contracts to ensure prompt arra]full payment ofrewinage Qwithhead fundsl tel mibcontractors in compliance with 49(TR 26.29. 1. No retainage will be field by the agency From progress payments thw to the prince contractor.Prime contractors and qubcontractors are prohibited froin holding retainage from subcontractors.Any delay or, p0stponernent of payment may take place only for good cause and witli the agency's prior written approvaL Any vioCafion of these provisions shall subject the violating contractor or subcontractor to the penalties,sanctions,and other rernedies specified in Section 7108.5 of the California Business and Proicssions corte.'rbis requirerneru shall not be construed to hinit or impa it any contractual, administrative,or ;c avarNh -or subcontractor in the event of Judicial remedies,othenvis -le to the contractm a dispute involving late paynient or nool'iayrrient by the contractor,deficient subcontractor performance, andfor noncompliance by as subcontractor."Chis clause applies,to hofli DBE and non-DBE subcontraCtOrS. 2. No retainage will be held by ibe agency,fiorn progress payraeats due the pritne contractor.Any retainage kept by tyre pritric contractor or try as subcontractor ITILea be paid in loll to the earning ,uhconn-actor bi thfily,(30)days after the s u beormactor's work is satisfactorily completed,Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval.Any violation ofthese provisions shall subject the violming contractor or-subcontractor to the penalties,sanc6ons,and remedies specified in Section 7108,5 of"the CMifornia Business and Professlons Tlfls requircinent shah not be construed to limit or impan airy contractual,atfi-ninistrafive,or JjUdi6al remedies,oflterwise available to the contractor or subcontractor in the event ofa dispute involving late payinent or nonpayntent by the contractor,dOrCieIrt SUbCOntfaCtOr perforinancc,and/or noncompliance by a subcontracft)r, clause applies to both D13E' and non-L)BL,"Subcontractors. Page 9-38 July 31,2009, 111111 09-02 Construction Management Services for Centennial Corridor(Various Phases) Page 53 of 66 09/19/18 CC A GENDA PA C PG 247 Local Assistance Procedures Manual EXHIBII'9-A California Department offransportation DBE huplenicutation Agrevinent for Local Ageucics 3, Hic q.,,cricy shall hold retainage froin the phrric contractor and shall snake prompt and regular inercinental acceptances of,portions,as detennined by the agency ofthe contract work and pay retainage to the prinic contractor based on these acceptances.'file pritne contractor or Subcontractor shall return all monies wArithheld in retention front all subcontractors within third, (3(')days after receiving payrnent for work, wisqtictorily conipleted and accepted including incrernental acceptances,of'portions ofthe contract work&)y the agency.Any May or postponement cit'payniern may take place only for good cause and%vith the ageiacy's prior written approval.,Any violation of'Ote,.,e provisions shail subject the violating prifne contractor to the penalties,sanctions,and other remedies specified in Section 7108.5 offfie California BUSifleSS and professions Code,71,iis requirernent shall not be construed to limit or impair any contractual,adininistrative,or jl.idiciareinedies,othenAise available to the contractor or SUbcontracior in the nens of:as dispute in%olving date payineut or noripayrnern by the contractor;deficient subcontractor performance-I and/or noncorriphance by as subcontractor. 'This chnise apphes 1c) both D13F and rion-DRE subcontractors. XIII Local Assistance Proceduros Martual "p lie RECIPIENI"will advertise,award and adrninister 1301,assisted contracts in accordance avhh the niost current published Local A,ssisfunce Pr oceduras A4e,'snuul(LAIINI), XIV Transit Vehicle Manufacturers(§26,49) Iff"FA-assisted contracts will include transit VC110C T)MCUrerrients,RECIPIENT wild tWjUire cacti tran',,'il vehicle 11A.'UnIfileturer,as a condition ofbeing authorized to bid or propose on transit vehicle procurements;to certify that it has complied with the requirements of'49 CFR,Part 26,Section 49, XV Bidders List(§26.I I(c)) 'I'he RECIPIEN]"will create and maintain a bidders list,consisting ofinflormation about all Dl3E and non-DBEI finny that bid or OUMe on its D01-assisted contracts- Flie bidders list will include the nante, ad(ress,DREhion-DBE siatu�,age, and arinti.,il gross receipts offlw firm. XVI Reporting to the DLAE RE(INEN't wiH promptly subinit a copy of Local Agency Noposer UDBE Coinnntnient(Consukant ContraQts), (F'xhibit W-01)or Local Agency Bidder UDBE("ornmitnient(ClonstrUctiOn -_bntracts)(Exhibit d 5-G t)of the LAIN to the DIAE at the firne ofaward Of the COMUllant or construction contracts. RECIplENT`will proiriptlysubinit to copy cif local Agency Proposer DBE Information(Consultant Contracts) (F'xhibn 10-02)or Local Agency Bidder DBE' intbrination OnStllldiOu Contracts)(Exhibit 15-G2)or ofthe LAIIM to the DLAE at the tins of execution of consultant or construction contract. 11age 9-39 1XII 09-02 July 31,2009 Construction Management Services for Centennial Corridor(Various Phases) Page 54 of 66 O9//19//18 CCAGENDA PACKETPG 248 io;x"i it rr 9-A Local Assistance Procedtires Maimal California Deparlinent o[Tramportation DBE hriplevventation Agreeinent f("•Local Agencies RF(."IfIIFN'r will prorril)oy st,brtik a copy afore Final Utilization of DBE parlicipation to the DL AF'nsing Fxhibit 174'f"inal Repon-Utilization of'Disadvanu:Wd Bnsiness Enterprises(DBE'),First-l"ier SlAbcontractcas Ofthe LAPM ins nediately tip on cornpletion of the contract R)r each C011SUltant or COITSU'LICti0t)contract. XVII Certification (§26.83(a)) RI,,-'(AVlEN'l'ensLires that onk DBE f"IMIS CUrrently certified by the Cidifornia Unified Certification Prognun will pamcipaw as DBE's on DOT-assisted contracts. XVIII Confidentiality RE"CIPIEN F will saf'CgUard firom disclosure to third parfics,infbraiafion that may reasonably be reL!,arded ars cortfidential business inforniation consistent with flederal,state,and local laws. By Date: (Signawre), I'lione Narnber: (Print Narne and Title)ADMINKFENING AGFN("Y (Anthorized Governing Body Representative) I his("alifornia Department ofTransportation's Disadvantaged BLisiness,Enterprise I)r(,')graTn Irnplernentation Agreernent is accepted by; Date: ['til nawre cif DLAE) [l1rint Nanie ofDLAE] Noributhm (r)Orighufl DLAF Wpdatc& WY64,20019� Page 9-40 Deceniber 12,2011 11-05 Construction Management Services for Centennial Corridor(Various Phases) Page 55 of 66 09/19/18 CC A GENDA PA C PG 249 Exhibit 10-01: Local Agency Consultant DBE Information Consultant to Complete this Section 1.Local Agency Name: 2.Project Location: 3.Project Description: 4.Consultant Name: 5.Contract DBE Goal%: DBE Commitment Information 6.Description of Services to be Provided 7.DBE Finn 8.DBE Cert. 9.DBE% Contact Information Number Local Agency to Complete this Section 10.Total g y p /o Claimed Bio 16.Local Agency Contract Number: 17.Federal-aid Project Number: 18.Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and 11.Preparer's Signature the information on this form is complete and accurate: 12.Preparer's Name(Print) 19.Local Agency Representative Name(Print) 13.Preparer's Title 20.Local Agency Representative Signature 21.Date 14.Date 15.(Area Code)Tel.No. 22.Local Agency Representative Title 23.(Area Code)Tel.No. Distribution: (1)Original—Submit with Award Package (2)Copy—Local Agency files Construction Management Services for Centennial Corridor(various Phases) Page 56 of 66 09/19/1 CCAGENDA PACKETPG250 INSTRUCTIONS -LOCAL AGENCY CONSULTANT DBE COMMITMENT Consultant Section The Consultant shall: 1. Local Agency Name—Enter the name of the local or regional agency that is funding the contract. 2. Project Location-Enter the project location as it appears on the project advertisement. 3. Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab,Seismic Rehab,Overlay, Widening,etc).. 4. Consultant Name-Enter the consultant's firm name. 5. Contract DBE Goal%-Enter the contract DBE goal percentage,as it was reported on the Exhibit 10-I form.See LAPM Chapter 10. 6. Description of Services to be Provided-Enter item of work description of services to be provided.Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces,if the prime is a DBE.If 100%of the item is not to be performed or furnished by the DBE,describe the exact portion to be performed or furnished by the DBE.See LAPM Chapter 9 to determine how to count the participation of DBE firms. 7. DBE Firm Contact Information-Enter the name and telephone number of all DBE subcontracted consultants.Also,enter the prime consultant's name and telephone number,if the prime is a DBE. 8. DBE Cert.Number-Enter the DBEs Certification Identification Number.All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 9. DBE%-Percent participation of work to be performed or service provided by a DBE.Include the prime consultant if the prime is a DBE.See LAPM Chapter 9 for how to count full/partial participation. 10. Total%Claimed—Enter the total participation claimed. If the Total%Claimed is less than item"6.Contract DBE Goal",a Good Faith Effort(GFE)is required. 11. Preparer's Signature—The person completing this section of the form for the consultant's firm must sign their name. 12. Preparer's Name(Print)—Clearly enter the name of the person signing this section of the form for the consultant. 13. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant. 14. Date-Enter the date this section of the form is signed by the preparer. 15. (Area Code)Tel.No.-Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall: 16. Local Agency Contract Number-Enter the Local Agency Contract Number. 17. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 18. Contract Execution Date-Enter the date the contract was executed and Notice to Proceed issued.See LAPM Chapter 10,page 23. 19. Local Agency Representative Name(Print)-Clearly enter the name of the person completing this section. 20. Local Agency Representative Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date-Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title-Enter the position/title of the person signing this section of the form. 23. (Area Code)Tel.No.-Enter the area code and telephone number of the Local Agency representative signing this section of the form. Construction Management Services for Centennial Corridor(various Phases) Page 57 of 66 09/19/1 CC A GENDA PA CKET PG 251 Exhibit 10-02: Local Agency Consultant DBE Information Consultant to Complete this Section 1.Local Agency Name: 2.Project Location: 3.Project Description: 4.Total Contract Award Amount: $ 5.Consultant Name: 6.Contract DBE Goal%: 7.Total Dollar Amount for all Subcontractors: $ 8.Total Number of all Subcontractors: Award DBE Information 9.Description of Services to be Provided 10.DBE Finn 11.DBE Cert. 12.DBE Dollar Contact Information Number Amount Local Agency to Complete this Section 13.Total Dollars Claimed 20.Local Agency Contract Number: $ 21.Federal-aid Project Number: 14.Total %Claimed 22.Contract Execution Date: Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: 23.Local Agency Representative Name(Print) 24.Local Agency Representative Signature 25.Date 15.Preparer's Signature 26.Local Agency Representative Title 27.(Area Code)Tel.No. Caltrans to Complete this Section 16.Preparer's Name(Print) Caltrans District Local Assistance Engineer(DLAE) certifies that this form has been reviewed for completeness: 17.Preparer's Tine 18.Date 19.(Area Code)Tel.No. 28.DEAL Name(Print) 29.DEAL Signature 30.Date Distribution: (1)Copy—Email a copy to the Caltrans District Local Assistance Engineer(DEAL)within 30 days of contract award.Failure to send a copy to the DEAL within 30 days of contract award may result in delay of payment.(2)Copy—Include in award package sent to Caltrans DEAL (3)Original—Local agency files Construction Management Services for Centennial Corridor(various Phases) Page 58 of 66 09/19/1 CCAGENDA PACKETPG252 INSTRUCTIONS -LOCAL AGENCY CONSULTANT DBE INFORMATION Consultant Section The Consultant shall: 1. Local Agency Name-Enter the name of the local or regional agency that is funding the contract. 2. Project Location-Enter the project location as it appears on the project advertisement. 3. Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab,Seismic Rehab,Overlay, Widening,etc). 4. Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name-Enter the consultant's firm name. 6. Contract DBE Goal%-Enter the contract DBE goal percentage,as it was reported on the Exhibit 10-I form.See LAPM Chapter 10. 7. Total Dollar Amount for all Subcontractors-Enter the total dollar amount for all subcontracted consultants.SUM=(DBE's+all Non-DBE's).Do not include the prime consultant information in this count. 8. Total number of all subcontractors-Enter the total number of all subcontracted consultants.SUM=(DBE's+all Non-DBE's).Do not include the prime consultant information in this count. 9. Description of Services to be Provided-Enter item of work description of services to be provided.Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces,if the prime is a DBE.If 100%of the item is not to be performed or furnished by the DBE,describe the exact portion to be performed or furnished by the DBE.See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. DBE Firm Contact Information-Enter the name and telephone number of all DBE subcontracted consultants.Also,enter the prime consultant's name and telephone number,if the prime is a DBE. 11. DBE Cert.Number-Enter the DBE's Certification Identification Number.All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 12. DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the prime consultant if the prime is a DBE,and include DBEs that are not identified as subcontractors on the Exhibit 10-01 form.See LAPM Chapter 9 for how to count full/partial participation. 13. Total Dollars Claimed-Enter the total dollar amounts for columns 12 and 13. 14. Total%Claimed-Enter the total participation claimed for columns 12 and 13.SUM=(item"14.Total Participation Dollars Claimed"divided by item"4.Total Contract Award Amount"). If the Total%Claimed is less than item"6.Contract DBE Goal",a Good Faith Effort(GFE)is required. 15. Preparer's Signature-The person completing this section of the form for the consultant's firm must sign their name. 16. Preparer's Name(Print)-Clearly enter the name of the person signing this section of the form for the consultant. 17. Preparer's Title-Enter the position/title of the person signing this section of the form for the consultant. 18. Date-Enter the date this section of the form is signed by the preparer. 19. (Area Code)Tel.No.-Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall: 20. Local Agency Contract Number-Enter the Local Agency Contract Number. 21. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 22. Contract Execution Date-Enter the date the contract was executed and Notice to Proceed issued.See LAPM Chapter 10,page 23. 23. Local Agency Representative Name(Print)-Clearly enter the name of the person completing this section. 24. Local Agency Representative Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 25. Date-Enter the date the Local Agency Representative signs the form. 26. Local Agency Representative Title-Enter the position/title of the person signing this section of the form. 27. (Area Code)Tel.No.-Enter the area code and telephone number of the Local Agency representative signing this section of the form. Caltrans Section: Caltrans District Local Assistance Engineer(DLAE)shall: 28. DLAE Name(Print)-Clearly enter the name of the DLAE. 29. DLAE Signature-DLAE must sign this section of the form to certify that it has been reviewed for completeness. 30. Date-Enter the date that the DLAE signs this section the form. EXHIBIT 15-H DBE INFORMATION-GOOD FAITH EFFORTS Construction Management Services for Centennial Corridor(various Phases) Page 59 of 66 09/19/1 CC A GENDA PA CKET PG 253 �. DBE INFORMATION-GOOD FAITH EFFORTS Federal-aid Project No. RFP/Q Submittal Date The (City/County of) established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The information provided herein shows that a good faith effort was made. Upon successful negotiation of an agreement to provide the services requested in this RFQ, the Consultant shall submit the following information to document adequate good faith efforts. Consultants should submit the following information even if the "Local Agency Consultant DBE Commitment" form indicates that the Consultant has met the DBE goal. This will protect the Consultant's eligibility for award of the contract if the administering agency determines that the Consultant failed to meet the goal for various reasons, e.g., a DBE firm was not certified at the time of contract execution, or the Consultant made a mathematical error. Submittal of only the "Local Agency Consultant DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the Consultant(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting their services for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation C. The items of work which the Consultant made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the Consultant with its own forces) into economically feasible units to facilitate DBE participation. It is Construction Management Services for Centennial Corridor(various Phases) Page 60 of 66 09/19/1 CCAGENDA PACKETPG254 the Consultant's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Consultant Breakdown Amount Percentage Normally of Items ($) Of Performs Item Contract (Y/N) D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the Consultant's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the Consultant's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: Construction Management Services for Centennial Corridor(various Phases) Page 67 of 66 09/19/1 CCAGENDA PACKETPG255 G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY Construction Management Services for Centennial Corridor(various Phases) Page 62 of 66 09/19/1 CCAGENDA PACKETPG256 EXAMPLE ONLY ATTACHMENT F CERTIFICATION OF CITY Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California Construction Management Services for Centennial Corridor(various Phases) Page 63 of 66 09/19/1 CCAGENDA PACKETPG257 CERTIFICATION OF CITY Construction Management Services for Centennial Corridor Project (various phases), Bakersfield, California I HEREBY CERTIFY that I am the Public Works Director of the City of Bakersfield, and that the consulting firm of or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) Nicolas Fidler Public Works Director Construction Management Services for Centennial Corridor(various Phases) Page 64 of 66 09/19/1 CCAGENDA PACKETPG258 EXAMPLE ONLY ATTACHMENT G CERTIFICATION OF Manager Construction Management Services for Centennial Corridor Project (Various Phases) Bakersfield, California Construction Management Services for Centennial Corridor(various Phases) Page 65 of 66 09/19/1 CCAGENDA PACKETPG259 CERTIFICATION OF MANAGER Construction Management Services for Centennial Corridor Project (various phases), Bakersfield, California I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address is and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this Agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) Construction Management Services for Centennial Corridor(various Phases) Page 66 of 66 09/19/1 CCAGENDA PACKETPG260 EXHIBIT B SCOPE OF WORK 09/19/1 CCAGENDA PACKETPG261 N V 5 BEYOND ENGINEERING EXHIBIT B SCOPE OF CONSULTANT SERVICES FOR BELLE TERRACE PROJECT CONSTR UCTION MANA GEMENT DESCRIPTION OF PROJECT Provide construction management services including construction observation, materials testing, and contract administration for the Belle Terrace Project(Project Plans and Provisions provided dated March 10, 2017). NV5 shall furnish a licensed Civil Engineer as Construction Manager during the contract period. NV5 will also provide structural observation services, roadway observation services, materials testing, biological monitoring, source inspection and support staff, as needed, during the course of the construction. As part of TRIP'S overall Construction Management Team, the City of Bakersfield (City) will assist with utility coordination to remove existing utilities. The construction Contractor will be required to perform the construction staking for the project. The NV5 Construction Manager will oversee the review of construction observations and major contract items such as construction change orders and claims. The Construction Manager shall be responsible for coordination with the City of Bakersfield and shall act as the key point of contact with the City. The Construction Manager shall also be responsible for coordination of the Construction Management staff and will oversee the daily interaction with the Contractor, the City, and other public agencies. NV5 shall complete the following contract administrative services. Task 1 —Preconstruction Services REVIEW PS&E NV5 will review the PS&E documents including contract plans, specifications,permits, and utility or property agreements to become familiar with the design intent prior to the beginning of construction. During the review, the Construction Management staff will look for inclusion of key construction and contract administration specifications such as contract payment requirements, lane closure hours, working days and expected Contractor submittal review times, which will be important towards overseeing construction of the project. 09119118 CC AGENDA PACKET PG 262 REVIEW RESIDENT ENGINEER'S FILE The City shall provide the Resident Engineer's file to NV5 for review. The Construction Management staff will then review the Resident Engineer's file, as prepared by Parsons Transportation Group (PTG), which shall consist of memos to the Resident Engineer and technical reports including utility information, utility relocation agreements, right of entries and stipulations, status of regulatory permit obligations, utility permits, quantity calculations and backup information, structures calculations, materials reports, and any other pertinent studies. PROJECT SCHEDULES NV5 will prepare an independent review of the construction schedule developed by the designer (PTG) if provided. The primary objective will be to determine if the project can be constructed within the required timeframe. KICK-OFF MEETING The Construction Management staff will attend a meeting with the City and PTG to discuss the design, schedule, coordination of responsibilities with the Construction Management staff, and to answer questions and discuss contract administration procedures. PRECONSTRUCTION MEETING NV5 will hold a preconstruction meeting after contract award and before start of work. The purpose of this meeting will be to review the project, discuss coordination efforts, discuss the change order process, and review the Contractor's recourse in the event of a dispute. NV5 will prepare a letter to be forwarded to the Contractor requesting items such as the Contractor's Baseline CPM schedule, code of safe practices, list of material sources, a letter authorizing individuals to sign change orders and bind the firm, and a stormwater pollution prevention plan for the project. The Construction Management staff will discuss these and other pertinent construction contract administration issues at the preconstruction meeting and review these items. Task 2— Construction Management Services during Construction Through more extensive onsite observations of the work in progress and field checks by the construction management staff,NV5 shall endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but, the furnishing of such services will not make NV5 responsible for or give NV5 control over construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Contract Documents. Belle Terrace Project—Scope of Consultant Services 2 July 2018 09/19/1 CCAGENDA PACKETPG263 The Construction Management staff shall be responsible for the following activities: Task 2.1 —Project Coordination and Correspondence INTERACTION WITH CITY STAFF NV5 will serve as the main contact for the Contractor, the City, and other agencies to assist in understanding the intent of the Contract Documents. INTERACTION WITH DESIGNERS The Construction Management staff will interact with PTG, as the design team responds to submittals, clarification requests and considers proposed contract changes. DOCUMENT CONTROL The Construction Management staff will maintain, at the job site, orderly files for correspondence, submittals, shop drawings and samples, reproductions of original Contract Documents including all Addenda, Change Orders, additional drawings issued subsequent to the execution of the Contract, and clarifications and interpretations of the Contract Documents, processing of Requests for Information (RFI),progress reports, and other project related documents. In addition, the NV5 Construction Management staff will assist Parsons Transportation Group in maintaining the project's document control file in the City's Primavera Contract Manager database. PROGRESS MEETINGS NV5 will hold weekly progress meetings with the Contractor to review construction progress, consider schedules and work in progress, and facilitate communication and documentation. At these meetings, the Contractor will be asked to identify the work completed and explain his plan of activities for the coming period. The Construction Management staff will prepare meeting agendas and keep the minutes of the meetings, assigning action items, responsibilities and documenting project trends. Task 2.2 —Schedule Management, Progress Meetings, and Reports REVIEW SCHEDULES The Construction Management staff will analyze both the construction baseline schedule and schedule updates proposed by the Contractor. Analysis of the schedules will look for flaws and areas of special concern(including impacts of weather and change orders). The construction schedule will be reviewed on a monthly basis with the Contractor. The previous schedule and the Contractor's updated schedule will be reviewed for potential problem areas, current and anticipated delaying factors and their impact, actions taken or proposed by the Contractor,proposed changes in CPM schedule logic, out of sequence work, and any other topics Belle Terrace Project—Scope of Consultant Services 3 July 2018 09/19/1 CCAGENDA PACKETPG264 related to job progress or scheduling. Deviations and problem areas in the schedule will be pointed out to the Contractor and recorded in the project records. STATEMENT OF WORKING DAYS The Construction Manager will prepare a record of weather conditions, controlling item(s) and the status of working days remaining on a weekly basis. A copy will be sent to the Contractor to allow him an opportunity to review and comment if necessary. PROJECT REPORTING NV5 will provide Weekly and Monthly Project status reports. The Weekly Project Status Reports will provide information relative to construction currently in progress as well as an update on activities that affect the public and vehicle traffic. The Monthly Project Status Reports will include: 1) narrative on progress to date, 2) status of submittals and change orders, 3)potential claims, 4) summary statement of working days, and 5)progress pay estimates. Task 2.3 —Payment Recommendations MONTHLY PAYMENT REVIEW The Construction Management staff will review applications for payment with the Contractor and negotiate any differences between the amount requested and the engineer's estimate for work completed. Payments will be processed through the City's Resident Engineer and Project Manager. The estimate will include a systematic determination of the quantities of work completed and their values. Task 2.4 —Submittal Management When the Construction Management staff receives submittals from the Contractor, they will be stamped, logged in by date of receipt, and forwarded to the Design Engineer for review and processing. The Design Engineer, PTG, will have primary responsibility for all submittal reviews. When submittals have been reviewed by the Design Engineer and returned to the Construction Management staff, the Construction Management staff will keep track of the submittal status and be responsible for returning it to the Contractor. Submittals associated with design changes or change orders will also be reviewed by the City or PTG. The Construction Management staff will monitor the progress of the submittals and coordinate actions which have impact on the project budget or schedule as necessary. Belle Terrace Project—Scope of Consultant Services 4 July 2018 09/19/1 CCAGENDA PACKETPG265 Task 2.5 —Requests for Information (RFIs) The Construction Management staff will manage Contractor requested clarifications during construction. These clarifications are to be presented in writing by the Contractor for submittal to NV5. The Construction Management staff will help expedite construction activity for the project by establishing and monitoring a systematic means of responding to such questions. All RFIs will be reviewed by the Construction Management team and where appropriate, responded to by the team. RFIs dealing with issues related to the design intent will be distributed to PTG for a response. Task 2.6—Change Orders The Construction Management staff will evaluate, negotiate, recommend, and prepare contract change orders. This will include coordination with City staff, PTG, and/or Caltrans construction liaison for recommended possible revisions and ultimate approval. Task 2.7—Construction Observation Services DOCUMENTATION OF PROJECT EVENTS Several forms of documentation and correspondence will be used during this project. NV5 will use records, such as photographs, to document existing conditions prior to construction, major features, and construction progress. Daily diaries will be the core of project documentation. In addition to our forms and applicable forms required by City and TRIP,NV5 will keep diaries. Daily diaries will be performed by each inspector and the Construction Manager. The Construction Manager will review the diaries of the Construction Management staff. Information from the Construction Manager and inspector's field data will include measurements of bid items on the project cost breakdowns. This data will be used to assist with the monthly progress payments. The Construction Management staff will conduct onsite observations of the work in progress to determine that it is, in general,proceeding in accordance with the Contract documents. The Construction Management staff shall advise the Contractor whenever they believe that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any field observation, test or approval required to be made; and advise the Contractor of work that should be corrected or rejected or should be uncovered for observation, or requires special testing, or approval. Belle Terrace Project—Scope of Consultant Services 5 July 2018 09/19/1 CCAGENDA PACKETPG266 Task 2.8 —Quality Assurance Testing/ Quality Control MATERIALS TESTING AND QUALITY CONTROL NV5 personnel or subconsultants shall provide construction observation, material testing and quality control for the project. Construction observation, material testing and quality control shall conform to the State of California Construction Manual and Material Testing Manual. The Construction Management staff shall receive construction observation requests and samples which are furnished at the site by the Contractor and record the date of receipt. Testing shall be conducted in accordance with the requirements of the State of California, Department of Transportation Standard Specifications and the Contract Special Provisions. If the Contractor encounters hazardous or toxic substances at the project site,NV5 will notify the City of the occurrence and can assist in managing the resultant impacts to the project. However, NV5 shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic substances in any form at the project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreement. Task 2.9 —Labor Compliance NV5 will serve as the conduit for receipt of Labor Compliance documents required by the Contractor, and will provide these documents to the City. NV5 will track receipt of these documents and can perform the role of periodic spot checking for Contractor compliance with the applicable labor laws for this project. The City will be responsible for review of Contractor statements of compliance, certified payrolls, fringe benefit statements, apprenticeship certifications, and monthly employee utilization reports for general compliance with State or Federal labor requirements. Task 2.10 —Changes and Claims Management NV5 will take the lead role in the documentation of any contract claims for this project during the construction contract period. This will consist of preparing claims documents and supporting evidence. NV5 will also be available to provide additional claims resolution support if further action is required. Claims resolution work, if any, is typically handled in the post-construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time. Belle Terrace Project—Scope of Consultant Services 6 July 2018 09/19/1 CCAGENDA PACKETPG267 Task 3 — Construction Surveying Quality Assurance SURVEY QUALITY ASSURANCE Surveying to confirm accuracy of Contractor's control network or as otherwise required for the project. These services shall consist of reviewing and verifying the suitability of the Contractor's initial survey control for construction. Task 4—Post Construction Services PERFORM FINAL OBSERVATION Items to be corrected or furnished by the Contractor before project acceptance will be put in the form of a punchlist as the work nears completion. NV5 will conduct a final observation walkthrough with representatives of the City and the Contractor before acceptance of the project. PREPARE RECORD DRAWINGS Drawings to be used as a base for the record drawings will be supplied by the City. The Project specifications will require that deviations from the design drawings during construction will be documented by the Contractor as they occur. This information will be supplied by the Contractor to NV5. NV5 will prepare the marked up Record Drawings with information as supplied by the Contractor. NV5 will coordinate the Design Engineer's preparation of the Mylar Record Drawings to reflect major changes in the construction work based upon the information provided in the marked up drawings as prepared by NV5. The Contractor will be required to present documentation that will represent actual conditions, to the best of our Construction Management staff s knowledge, as observed by the Construction Management staff Upon completion of the project,NV5 will review the Design engineer's completed Record Drawing Updates to the Project Plans and then turn over the mylar reproducible set of Record Drawings to the City. PREPARE PROJECT COMPLETION REPORT NV5 will provide City with a Project Completion report which will summarize project information such as key events and dates, schedule information,payment and change order data, as well as other useful reference information pertinent to the completed project. COMPLETION SCHEDULE NV5 shall be bound by the requirements of the Agreement from the start of pre-construction services commencing in September 2018, until conclusion of post-construction services. It is understood that the Contract Provisions allows 375 working days for Contract completion, regardless of the inclusion of any Additive Alternates. Belle Terrace Project—Scope of Consultant Services 7 July 2018 09/19/1 CCAGENDA PACKETPG268 The fee estimate provides for 17,106 hours of Construction Management services and assumes the construction contract commences in October 2018 and progresses to completion without suspension or time extension. Regardless of the Construction Contract duration, the City Project Manager, and the NV5 Construction manager will work closely together to monitor Construction Management staffing, and to make the staffing as efficient as possible. This will include the movement of staff between the Belle Terrace Project and other NV5 projects. These efforts will be done in an attempt to keep the NV5 staffing below the 17,106 allocated hours as designed in the Fee Estimate. In the event that the City Project Manager requires additional Construction Management time above the allocated 17,106 hours for the Belle Terrace Project, or the Construction Contract duration exceeds 375 working days, NV5 will remain onsite and provide continuous Construction Management services. However, these services shall be considered as additional services, are above and beyond the scope and fee estimate of this contract, and shall be paid on a cost plus fixed fee basis as set forth by the appropriate hourly wages, mark-up, and profit shown in the attached fee estimate. In addition, should the City request additional services not included in the contract,NV5 can provide those services. They shall also be considered as additional services, to be paid on a cost plus fixed fee basis. FEE SCHEDULE Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in this Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be on a time and materials basis for the necessary personnel and reimburseables at the rates included herein. Belle Terrace Project—Scope of Consultant Services 8 July 2018 09/19/1 CCAGENDA PACKETPG269 EXHIBIT C COST PROPOSAL 09/19/1 CCAGENDA PACKETPG270 z zp �2z2 94 s�oss„sa ss ss � ass s 8V�184 y o a`� RSffi�ffi�� `0 4 A AA R&$8ffi88 3 3 wRm^MnRRR � xg=_soPa�a c Rsa�sss s � H B z ok'Rm�mr'R' s Ur 8�$wwww �mfM866,6 �. a MM R F ¢w S"xtR3RRQR m r� `a 888ggg E Orn i eee b w & 8$$wwww mRnmRRRR v 5 $ i € sssPsss b a a $ ��e�mccc - 6N9 09/19/18 CCAGENDA PACKETPG271 EXHIBIT D CERTIFICATE OF INSURANCE 09/19/1 CCAGENDA PACKETPG272 77/19/2018 (MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject 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 CONTACT NAME: Certificate Department Cavignac&Associates PHONE FAX 450 B Street, Suite 1800 A/c No Ext): 619-744-0574 A/c No):619-234-8601 San Diego CA 92101 ADDRES & certificates@cavignac.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Valley Fore Insurance Company 20508 INSURED NV51NCO-01 INSURER B:Continental Casualty Co. 20443 NV5, Inc. 2109 W. Bullard Ave, Suite 145 INsuRERc:Continental Insurance Company 35289 Fresno, CA 93711 INSURER D:National Fire Ins. Hartford 20478 INSURER E: Berkley Insurance Company 32603 INSURER F: COVERAGES CERTIFICATE NUMBER: 1419025417 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y 6057040530 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 � OCCUR DAMAGERENTED CLAIMS-MADE PREMISES(Ea occurrence) ccurrence) $1,000,000 X Cross Liab/Sevin MED EXP(Any one person) $15,000 X $0 Deductible PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L PEO T- C 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Stop Gap Liability $1,000,000 B AUTOMOBILE LIABILITY Y Y 6057040575 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident C X UMBRELLA LIAB X OCCUR 6057187219 5/1/2018 5/1/2019 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$0 $ D WORKERS COMPENSATION Y 6057040558 5/1/2018 5/1/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liability AEC902036802 5/1/2018 5/1/2019 Each Claim $10,000,000 Aggregate $20,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Bakersfield Construction Management Services for Centennial Corridor Project,Various Phases(1807).Additional Insured coverage applies to General Liability and Automobile Liability for City of Bakersfield, its mayor,council,officers,agents,employees and designated volunteers per policy form.Waiver of subrogation applies to General Liability,Automobile Liability,and Workers Compensation per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Professional Liability-Claims made form,defense costs included within limit. Excess/Umbrella policy follows form over underlying policies: General Liability,Auto Liability&Employers Liability(additional insured and waiver of subrogation apply). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bakersfield 1600 Truxtun Avenue AUTHORIZED REPRESENTATIVE Bakersfield CA 93301 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 09/19/1 CCAGENDA PACKETPG273 CW NA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6057040530 Page 1 of 2 Effective Date: 05/01/2018 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved. Includes copyrighted material of In 09119118 CCAGENDA PACKETPG274 CW NA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6057040530 Page 2 of 2 Effective Date: 05/01/2018 Insured Name: NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of In 09119118 CC AGENDA PACKET PG 27 Policy No: 6057040530 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 09/19/1 CCAGENDA PACKETPG276 CNA ADDITIONAL INSURED ENDORSEMENT—CONTRACTUAL OBLIGATION |tisunderstood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM osfollows: SCHEDULE Name of Additional Insured Person Or Organization Any person or Organization for whom you are performing operations when you and such person (s) or organization (s) have agreed in writing in a contract or agreement that such person (s) or organization (s) be added as Additional Insured on your policy. 1. Paragraph A.1. Who Is An Insured of Section 11— LIABILITY COVERAGE is amended to include as an additional insurodthoporsonororgonizotionsnhodu|odobovo. buton|yifyouororoquirodby "writtonnontnont^tomokothot person ororganization onadditional insured under this policy. 2. The insurance provided tothe additional insured islimited osfollows: o. The person or organization is on additional insured only with respect to "bodily inju0y or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person ororganization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. C. We will not provide the additional insured any broader coverage or any higher limit ofliability than the least that is: (1) Required bythe "written nontroct"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, C|minn. Suit or Loss of Section |h/ — BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: Anadditional insured under this endorsement will ossoon ospracticable: m. Give us written notice of an ^onnidont^ which may result in o claim or "suit" under this insuronno, and of any claim or^suit^that does result; b. Agree to make ovoi|ob|o any other insurance the additional insured has for o loss we cover under this policy; C. Send us copies of all |ogo| papers romaivod, and otherwise cooperate with us in the invostigotion, defense, orsettlement ofthe claim or^suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy orprognomopp|iostoo |osswonovorundorthispo|iny. Butiftho "writtonnontnont^ roquirosthisinsunonma to be primary and non-nontributory, this provision d. does not apply to insurance onwhich the additional insured isoNamed Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice ofo ^suit^ 4. Only for the purpose of the insurance provided by this endorsement, SECTION V— DEFINITIONS is amended to add the following definition: "Written contract" moons o written contract or written agreement that requires you to make o person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. All other terms and conditions ofthe Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission ofISO Properties, Inc CNA71526)A< (10-12) Policy NO: 6057040575 Pagel Endorsement No: Effective Date: 05/0I/20I8 Insured Name: @owA All Rights Reserved. 09/19/18 CCAGENDA PACKETPG 277 POLICY NUMBER: 6057040575 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2018 SCHEDULE Name(s)Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT. N V Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others ' To Us Condition does not apply to the person(s) or yy organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 09119118 CCAGENDA PACKETPG278 CNA "' ( !11(11 )!„0(I,, 1'Q11!1((I. i i f 1 This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: 6057040558 Endorsement Effective Date: 05/01/2018 Copyright CNA All Rights Res /1 9118 CC AGENDA PACKET PG 279 EXHIBIT E DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IMPLEMENTATION AGREEMENT AND DBE PARTICIPATION REQUIREMENTS 09/19/1 CCAGENDA PACKETPG280 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies EXHIBIT 9-A DBE IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES CALIFORNIA DEPARTMENT OF TRANSPORTATION(CALTRANS)DISADVANTAGED BUSINESS ENTERPRISE (DBE)IMPLEMENTATION AGREEMENT For the City/County of hereinafter referred to as "SUB-RECIPIENT." L Definition of Terms The terms used in this agreement have the meanings defined in 49 CFR 26.5. IL Objective/Policy Statement(49 CFR 26.1 and 26.23) SUB-RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation(DOT)through the California Department of Transportation(Caltrans), and as a condition of receiving this assistance, SUB-RECIPIENT will sign the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement(hereinafter referred to as Agreement). SUB-RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise(DBE)Program Plan(hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE Program Plan is based on U.S. Department of Transportation(DOT), 49 CFR 26 requirements. It is the policy of SUB-RECIPIENT to ensure that DBEs, as defined in 49 CFR 26,have an equal opportunity to receive and participate in DOT-assisted contracts. It is also SUB-RECIPIENT's policy: • To ensure nondiscrimination in the award and administration of DOT-assisted contracts. • To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts. • To ensure that the DBE participation percentage is narrowly tailored, in accordance with applicable law. • To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs. • To help remove barriers to the participation of DBEs in Federal-aid contracts. • To assist the development of firms that can compete successfully in the market place outside the DBE Program. III. Nondiscrimination (49 CFR 26.7) SUB-RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the DBE Program Plan, SUB-RECIPIENT will not, directly, or through contractual or other arrangements,use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. IV. Annual DBE Submittal Form (49 CFR 26.21) SUB-RECIPIENT will provide to the Caltrans District Local Assistance Engineer(DLAE) a completed "Local Agency DBE Annual Submittal Form" (Exhibit 9-13),by June 30 of each year for the following Federal Fiscal Year(FFY). This form must include the name,phone number, email address of the designated Disadvantaged Business Enterprise Liaison Officer(DBELO), and the choice of Prompt Pay Provision to be used by SUB-RECIPIENT for the following FFY. Page 9-1 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG281 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies V. Race-Neutral Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR 26.51(a)) Caltrans expects SUB-RECIPIENT to meet the maximum feasible portion of Caltrans Overall Statewide Annual DBE Goal through race-neutral means of facilitating DBE participation. Race-neutral DBE participation includes when a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal,wins a subcontract from a prime contractor that did not consider its DBE status in making the award(e.g., a prime contractor that uses a strict low-bid system to award subcontracts). Race-neutral means include,but are not limited to, the following: 1. Arranging solicitations,times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate the participation of DBE and other small businesses (e.g.,unbundling large contracts to make them more accessible to small businesses,requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces); 2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing(e.g.,by such means as simplifying the bonding process,reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs and other small businesses obtain bonding and financing); 3. Providing technical assistance and other services; 4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs and other small businesses on SUB-RECIPIENT mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors;provision of information in languages other than English,where appropriate); 5. Implementing a supportive services program to develop and improve immediate and long-term business management,record keeping, and financial and accounting capability for DBEs and other small businesses; 6. Providing services to help DBEs and other small businesses improve long-term development, increase opportunities to participate in a variety of types of work,handle increasingly significant projects, and achieve eventual self-sufficiency; 7. Establishing a program to assist new, start-up firms,particularly in fields in which DBE participation has historically been low; 8. Ensuring distribution of your DBE directory through print and electronic means to the widest feasible universe of potential prime contractors; and 9. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and conduct business through electronic media. VL Race-conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal(49 CFR 26.51(d)) SUB-RECIPIENT must establish DBE contract goals to meet any portion of Caltrans Overall Statewide Annual DBE Goal that cannot be achieved through race-neutral means. VII. Quotas (49 CFR 26.43) SUB-RECIPIENT will not use quotas or set-asides in any way in the administration of the local agency component of the DBE Program Plan. VIII. DBE Liaison Officer(DBELO) (49 CFR 26.25) SUB-RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan as it pertains to the SUB-RECIPIENT, and ensures that the SUB-RECIPIENT is fully and properly advised concerning DBE Program Plan matters. [Specify resources available to the DBELO; e.g., the DBELO has a staff of two professional employees assigned to the DBE program on a Page 9-2 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG282 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies full-time basis and two support personnel who devote a portion of their time to the program.] The name, address,telephone number, email address, and an organization chart displaying the DBELO's position in the organization are found in Attachment to this Agreement. This information will be updated annually and included on the DBE Annual Submittal Form. The DBELO is responsible for developing, implementing, and monitoring the SUB-RECIPIENT'S requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to determine DBE contract goals. 4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner. 5. Analyzes DBE participation and identifies ways to encourage participation through race- neutral means. 6. Participates in pre-bid meetings. 7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues. 8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance. 9. Plans and participates in DBE training seminars. 10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities. IX. Federal Financial Assistance Agreement Assurance(49 CFR 26.13) Each agreement SUB-RECIPIENT signs with Caltrans must include the following assurance: The SUB-RECIPIENT shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR 26. The SUB-RECIPIENT shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The SUB-RECIPIENT's DBE Program, as required by 49 CFR 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the SUB-RECIPIENT of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). Each contract SUB-RECIPIENT signs with a contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: The contractor or subcontractor shall not discriminate on the basis of race, color,national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the SUB-RECIPIENT deems appropriate. X. DBE Financial Institutions (49 CFR 26.27) Page 9-3 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG283 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies SUB-RECIPIENT must investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBELO. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBELO. XL Directory(49 CFR 26.31) SUB-RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program's website at: www.dot.ca. ov/hq/bep. XII. Required Contract Clauses (49 CFR 26.13 and 26.29) SUB-RECIPIENT ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: A. Contract Assurance The contractor or subcontractor shall not discriminate on the basis of race, color,national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy, as SUB-RECIPIENT deems appropriate. NOTE: This language is to be used verbatim, as is stated in "Required Federal-aid Contract Language"(Exhibit 12-G). See also 49 CRF 26.13(b). B. Prompt Payment Prompt Projress Payment to Subcontractors The local agency shall require contractors and subcontractors to be timely paid as set forth in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 7-day is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty(30) days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Prompt Payment of Withheld Funds to Subcontractors The local agency shall ensure prompt and full payment of retainage from the prime contractor to the subcontractor within thirty(30) days after the subcontractor's work is satisfactorily completed and accepted. This shall be accompanied by including; either(1), (2), or(3)of the following provisions [local agency equivalent will need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR 26.29. 1. No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or Page 9-4 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG284 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 2. No retainage will be held by the agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in thirty(30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 3. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within thirty(30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of. a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. XIII. Local Assistance Procedures Manual The SUB-RECIPIENT will advertise, award and administer Federal-aid contracts in accordance with the current Local Assistance Procedures Manual(LAPM)including forms and Exhibits. XIV. Vehicle Manufacturers/Specialized Equipment(§26.49) If Federal-aid contracts will include vehicle/specialized equipment procurements, SUB-RECIPIENT will require each vendor, as a condition of being authorized to bid or propose on vehicle/specialized equipment procurements, to certify that it has complied with the requirements of 49 CFR 26.69. XV. Reporting to the DLAE SUB-RECIPIENT will promptly submit a copy of the Consultant Proposal DBE Commitment(Exhibit 10-01) at the time of award of the consultant contract. SUB-RECIPIENT will promptly submit a copy of Consultant Contract DBE Information(Exhibit 10-02) or the Local Agency Bidder DBE Commitment(Construction Contracts) (Exhibit 15-G)to the DLAE within 30 days after execution of consultant or construction contract. SUB-RECIPIENT will promptly submit a copy of the Final Report-Utilization of DBE,First-Tier Page 9-5 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG285 Local Assistance Procedures Manual EXHIBIT 9-A DBE Implementation Agreement for Local Agencies Subcontractors (Exhibit 17-F) of the LAPM, immediately upon completion of each consultant or construction contract. XVI. Certification (§26.83(a)) SUB-RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program(CUCP)will participate as DBEs on Federal-aid contracts. XVII. Confidentiality SUB-RECIPIENT will safeguard from disclosure to third parties,information that may reasonably be regarded as confidential business information consistent with federal, state, and local laws. By: Date: (Signature) Phone#: (Print Name and Title) ADMINISTERING AGENCY (Authorized Governing Body Representative) This California Department of Transportation's Disadvantaged Business Enterprise Program Implementation Agreement is accepted by: Date: (Signature of DLAE) (Print Name of DLAE) Distribution: (1)Original—DLAE (2)Signed copy by the DLAE—Local Agency Page 9-6 LPP 14-01 July 9,2014 09/19/1 CCAGENDA PACKETPG286 EXHIBIT F CERTIFICATION OF CITY 09/19/1 CCAGENDA PACKETPG287 CERTIFICATION OF CITY Construction Management Services for Belle Terrace Operational Improvements Project Bakersfield, California I HEREBY CERTIFY that I am the Public Works Director of the City of Bakersfield, and that the consulting firm of NV5, Inc. or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) Nicolas Fidler Public Works Director 09/19/1 CCAGENDA PACKETPG288 EXHIBIT G CERTIFICATION OF Manager 09/19/1 CCAGENDA PACKETPG289 CERTIFICATION OF MANAGER Construction Management Services for Belle Terrace Operational Improvements Project Bakersfield, California I HEREBY CERTIFY that I am the Senior Vice President and duly authorized representative of the firm of NVS, Inc. whose address is 4700 Stockdale Highway, Suite 100, Bakersfield, CA 93309, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this Agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) 09119118 CCAGENDA PACKETPG290 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements i. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/6/2018 WARD: SUBJECT: Amendment No. 1 to Agreement No. 18-022 with Kutak Rock ($180,000; revised not to exceed $380,000)to provide outside legal services in the matter of King and Prows v. City of Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On April 12, 2016, the City entered into Agreement No. CA16-006 with Kutak Rock for legal representation in the matter of Michelle King and Michael Prows v. City of Bakersfield, KCSC case number BCV-16-100430-DRL. On February 7, 2018, Agreement No. CA16-006 was amended for additional compensation in the amount of $160,000; said Agreement became known as Agreement No. 18-022. On June 15, 2018, plaintiffs dismissed the case against the City prior to the trial, resulting in no moneys paid to the plaintiffs or their attorneys. Prior to the dismissal, there was approximately $20,000 left on the agreement and an amendment was in the process. However, in light of the dismissal, we asked Kutak Rock to provide a final invoice before we go forward with the amendment. Therefore, the $180,000 amendment is needed as the invoice covers several months of time in anticipation of July 30th trial date. At this time, the City Attorney's Office requests amending the contract to add additional compensation. Amendment No. 1 to Agreement No. 18-022 will result in a total not to exceed amount of $380,000 in order for outside counsel to close this case. ATTACHMENTS: Description Type Amendment No '1 to/kgireeirr eint No '143...4 22 Wth IKUtalk 09/19/1 CCAGENDA PACKETPG291 Rock Agireeirneint 09119118 CCAGENDA PACKETPG 292 AGREEMENT NO. AMENDMENT NUMBER ONE (1) TO ATTORNEY RETAINER AGREEMENT NO. 18-022 THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. 18-022 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation (referred to herein as "CITY'), and KUTAK ROCK LLP (referred to herein as "ATTORNEY'). R E C I T A L S WHEREAS, CITY and ATTORNEY entered into Agreement for Legal Services No. CA16-006 on April 12, 2016, for legal services not to exceed $40,000 in the matter of: Michelle King and Michael Prows, on Behalf of Themselves and all Others Similarly Situated v. City of Bakersfield Kern County Superior Court Case No. BCV-16-100430-DRL WHEREAS, CITY and ATTORNEY amended Agreement for Legal Services No. CA16-006 on February 7, 2018 for additional compensation in the amount of $160,000; which said Agreement became known as Agreement No. 18-022; and, WHEREAS, additional monies are needed in connection with this matter to bring it to a close; WHEREAS, CITY and ATTORNEY desire to amend Agreement No. 18-022 to increase the amount of compensation to ATTORNEY by the sum of One Hundred Eighty Thousand Dollars ($180,000) for a total not to exceed of Three Hundred Eighty Thousand Dollars ($380,000) for this action. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: -- Page 1 of 3 Pages-- 09119118CCAGENDA PACKETPG293 I. Paragraph 2 of Agreement for Legal Services No. 18-022 dated February 7, 2018, is hereby amended in its entirety to read as follows: 2. COMPENSATION TO ATTORNEY. CITY, for and in consideration of the terms and conditions set forth herein, hires ATTORNEY to perform legal services with respect to the matter(s) described above. CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount according to the Fee Schedule attached as Exhibit "A," except for travel time which shall be paid at a maximum of one- half (1/2) ATTORNEY's normal hourly rate, and reimburse ATTORNEY for all proper costs ATTORNEY incurs on behalf of CITY as set forth herein. Prior to payment all bills shall be reviewed and approved by the City Attorney or his/her designee. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. ATTORNEY's of total compensation under this Agreement shall not exceed Three Hundred Eighty Thousand Dollars ($380,000) without City Council approval. 2. EFFECT OF THIS AMENDMENT. Except as amended in this Agreement, all of the provisions of Agreement for Legal Services No. 18-022, dated February 7, 2018, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ("CITY") KUTAK ROCK ("ATTORNEY") By: By: KAREN GOH MICHAEL K. REPPE Mayor Partner Additional Signatures on Following Page -- Page 2 of 3 Pages-- 09119118CCAGENDA PACKETPG294 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director VG:ac -- Page 3 of 3 Pages-- 09119118 CCAGENDA PACKETPG 295 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements j. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/6/2018 WARD: SUBJECT: Amendment No. 2 to Agreement No. 17-007 with Target Specialty Products ($150,000, revised not to exceed $400,000 and extend the term one year), to continue the supply of chemical, insecticides, and herbicides. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In January 2017, the City Council approved the annual contract for the supply of chemical, insecticides, and herbicides to Target Specialty Products, in the amount of $150,000; renewable annually thereafter for four consecutive one-year periods. On December 12, 2017, the City Council approved Amendment No. 1 increasing compensation $100,000 and extending the term one year. Currently there is $59,000 remaining on the contract. If approved, Amendment No. 2 adds $150,000 for a revised not to exceed amount of $400,000 and extends the term one year. Funds are budgeted in the Recreation and Parks operating budget within the General Fund for the supplies. ATTACHMENTS: Description Type D Amendment No 2 to/kGWt. t x''...007 ..ia.iirget Spedafty /kgireeirr eint 09/19/1 CCAGENDA PACKETPG296 AGREEMENT NO. 17-007(2) AMENDMENT NO. [2] TO AGREEMENT NO. 17-007 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 17-007 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and TARGET SPECIALTY PRODUCTS (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the January 4, 2017, the CITY and CONTRACTOR have entered into Agreement No. 17-007 in the amount of $150,000 for the supply of chemicals, insecticides, herbicides; and WHEREAS, on December 17, 2017, Council approved Amendment No. 1 increasing compensation $100,000 and extending the term one year; to allow the continuance of suppling chemicals, insecticides, and herbicides; and WHEREAS, CITY and CONTRACTOR have agreed to increase compensation ONE HUNDRED FIFTY THOUSAND ($150,000), and extend the term one year; to allow continuance of suppling chemicals, insecticides, and herbicides; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-007 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. -- Page 1 of 3 Pages-- 09119118 CCAGENDA PACKETPG297 2. Section 12 of Agreement No. 17-007 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for two consecutive one-year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 17-007 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 17-007 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD TARGET SPECIALTY PRODUCTS By: By: KAREN GOH Mayor Print Name: Title: APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: RANDY McKEEGAN Assistant Finance Director -- Page 2 of 3 Pages-- 09119118 CCAGENDA PACKETPG298 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Insurance Approved by Finance Director Risk Management -- Page 3 of 3 Pages-- 09119118 CCAGENDA PACKETPG 299 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/7/2018 WARD: Ward(s)2, 6, 7 SUBJECT: Amendment No. 1 to Agreement No. 18-113 with the Pacific Gas and Electric Company for the relocation of electric distribution facilities in conflict with the Bakersfield Freeway Connector Project. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The Bakersfield Freeway Connector Project proposes improvements on the westbound State Route 58 (SR-58) and southbound State Route 99 (SR-99) connector. These improvements include: • Adding an auxiliary lane on westbound SR-58 from the westbound SR-58 to northbound SR-99 connector to the southbound SR-99 loop ramp. In order to construct this auxiliary lane, the bridge over SR-99 in this location, needs to be widened. • Reconstructing the westbound SR-58 to southbound SR-99 loop ramp to meet current Caltrans Geometric Standards. • Building a new structure to cross under SR-58 from the loop ramp to southbound SR-99 at a new alignment that will replace the existing structure. • Reconstructing a southbound SR-99 to the Ming Avenue off-ramp with a new braided collector-distributor connector along the outside of southbound SR-99 to take traffic to the eastbound/westbound Ming Avenue off-ramp. • Constructing soundwalls on the west side of SR-99 from Belle Terrace to Ming Avenue. Agreement 18-113 for the relocation of Pacific Gas and Electric Company (PG&E)facilities was previously approved by the City Council on July 18, 2018. However, a standard Caltrans clause was omitted in the original agreement and a revised cost estimate now shows an increase in cost for the relocation work. Caltrans has requested inclusion of these two items in an amendment before the construction contract can be awarded. The first item added is a standard clause that specifies the funding for the project is dependent on the approval of the state budget and the allocation by the California Transportation 09/19/1 CC C T 300 Commission. The second item is a revision of the original cost estimate from $916,000 to $1,037,554. This total revised amount is shared as follows: • PG&E: $183,128 • City of Bakersfield: $854,426. This agreement is funded 100 percent with federal funds; therefore, there is no General Fund impact associated with this item. ATTACHMENTS: Description Type D PG& E/kirneindirneint /kgireeirneint 09119118CCAGENDAPACKETPG 301 District County Route PM EA 58 R52.2/R52.5 b Kern 99 22.8/23.9 Ob 484664 Federal Aid No. 5109 (106) Owner's File COB-lOH-104C AMENDMENT NO. [1] TO UTILITY AGREEMENT NO. 18-113 UTILITY AGREEMENT THIS AMENDMENT NO, 1 UTILITY AGREEMENT 18-113 is made and entered into on this _ day of , 2018, by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("CITY"), and PACIFIC GAS AND ELECTRIC, a California corporation ("OWNER"). CITY and OWNER may hereinafter be referred to collectively as "Parties" or individually as "Party". Recitals WHEREAS, CITY and OWNER entered into Utility Agreement No. 18-113 on July 18, 2018 for relocation work of OWNER's facilities that are within the limits of CITY's project; and WHEREAS, after the Utility Agreement No. 18-113 was approved, the OWNER has notified the CITY that the estimated cost of this agreement is anticipated to increase wish to update the total cost of the agreement in Section 2 "Liability of Work"; and WHEREAS, after the Utility Agreement No. 18-113 was approved, the CITY and OWNER wish to clarify Section 5 "General Conditions" of Utility Agreement No. 18-113 by adding a required standard Caltrans clause; and WHEREAS, the Parties now desire to enter into Amendment No. One (1) to Utility Agreement No. 18-113 to make these clarifications. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and OWNER mutually agree as follows: 1. Section 2 of Utility Agreement No. 18-113 entitled "LIABILITY OF WORK" is hereby amended to replace the fourth paragraph with the following: The total cost to perform this work is estimated to be one million thirty seven thousand five hundred and fifty four dollars ($1,037,554.00.00) or ($854,426.00 CITY, $183,128.00 OWNER). -- Page 1 of 3 Pages-- 0 /1 /1 CC C T 302 2. Section 5 of Utility Agreement No. 18-113 entitled "GENERAL CONDITIONS" is hereby amended to add the following paragraph after the second paragraph. 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. 3. Except as amended herein, all provisions of Utility Agreement No. 18-113 shall remain in full force and effect. -- Page 2 of 3 Pages-- 09119118CCAGENDAPACKETPG 303 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY": "OWNER": CITY OF BAKERSFIELD PACIFIC GAS AND ELECTRIC COMPANY By: By: KAREN GOH, Mayor Name: Andrew K. Williams Title: Vice President Land & Environmental Management APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director -- Page 3 of 3 Pages 09119118CCAGENDAPACKETPG 304 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements I. TO: Honorable Mayor and City Council FROM: Gregory Pronovost, Director of Technology Services DATE: 9/5/2018 WARD: SUBJECT: Amendment No. 11 to Agreement No. 08-179 with Superion LLC. ($260,000; revised not to exceed $2,079,686.99), for annual software maintenance costs. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: The City uses Superion products for various municipal automation systems. Systems covered within this suite include, but are not limited to, cash receipts, asset management, fleet management, land management, accounts receivable, purchasing/inventory, payroll/personnel, utility billing, work orders/facility management and other programs (e.g., building permits and code enforcement). The proposed amendment ($260,000; revised not to exceed $2,079,686.99) is required to fund annual software maintenance costs for Superion products through July 31, 2019.Approval of the amendment allows the City to continue to streamline various functions through municipal automation systems. The costs associated with this amendment have been previously budgeted. ATTACHMENTS: Description Type D Arneir dirr eint't't tea/kgreeirneint 08...'1'79 /kgireeirneint 09/19/1 CC C T 35 DocuSign Envelope ID: B9B78C65-7365-4614-BDD4-DD8B32915437 AGREEMENT NO. O8-1 79(1 AMENDMENT NO. 11 TO AGREEMENT NO. 08-179 SUPERION I.I.C. SERVICE AGREEMENT This AMENDMENT NO. 11 TO AGREEMENT NO. 08-179 ("Amendment") is made and entered into by and between CITY OF BAKERSFIELD, a charter city and municipal corporation ("CITY" herein), and SUPERION I.I.C. ("Superion" herein), a Florida corporation and authorized to do business in California, with its principal place of business at 1000 Business Center Drive, Lake Mary, Florida 32746. RECITALS WHEREAS, SUPERION licenses most of the software used by the CITY. Such programs include Cash Receipts, Asset Management, Fleet Management, GMBA, Land Management, Accounts Receivable, Occupational License, Purchasing/Inventory, Payroll/Personnel, Utility Billing (CIS), Work Orders/Facility Management, and Community Services Programs (Building Permits, Code Enforcement and Planning Zoning) Online Training and education, Human Resources, Open Government, Time Keeping, Reporting; and WHEREAS, such Licensed Programs, as that term is defined in the original agreement, run on CITY's iSeries computer; and WHEREAS, SUPERION periodically enhances and upgrades its software; and WHEREAS, periodically, problems are encountered with the software that can best be resolved by SUPERION personnel; and WHEREAS, on October 22, 2008, CITY and SUNGARD PUBLIC SECTOR, INC. ("SPS" herein after) entered into Agreement No. 08-179, under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2009; and WHEREAS, on November 4, 2009, CITY and SPS entered into Agreement No. 08-179(1 ), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2010; and WHEREAS, on March 10, 2010, CITY and SPS entered into Agreement No. 08- 179(2), under which the parties agreed to add omitted essential software programs; and Amendment No.1 1 to Agreement No.08-179 -- Page 1 of 4 Pages-- 9/1 /1 CC C T 306 DocuSign Envelope ID: B9B78C65-7365-4614-BDD4-DD8B32915437 WHEREAS, on July 21 , 2010, CITY and SPS entered into Agreement No. 08- 179(3), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2011 ; and WHEREAS, on September 14, 2011 , CITY and SPS entered into Agreement No. 08-179(4), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2012; and WHEREAS, on July 18, 2012, CITY and SPS entered into Agreement No. 08- 179(5), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2013; and WHEREAS, on July 17, 2013, CITY and SPS entered into Agreement No. 08- 179(6), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2014; and WHEREAS, on July 16, 2014, CITY and SPS entered into Agreement No. 08- 179(7), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2015; and WHEREAS, on July 22, 2015, CITY and SPS entered into Agreement No. 08- 179(8), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2016; and WHEREAS, on December 21 , 2015, SPS became SunGard Public Sector, LLC; and WHEREAS, on May 8, 2017, SunGard Public Sector, LLC became Superion LLC; and WHEREAS, on July 20, 2016, CITY and SPS entered into Agreement No. 08- 179(9), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2017; and WHEREAS, on August 16, 2017, CITY and Superion entered into Agreement No. 08-179(10), under which SPS agreed to provide software maintenance services for the Licensed Programs until July 31 , 2019; however, Agreement No. 08-179(10) did not include sufficient available compensation to pay for those services through July 31 , 2019; and WHEREAS, CITY desires to further amend Agreement No. 08-179 to provide sufficient available compensation to pay for Superion's services through July 31 , 2019. Amendment No.1 1 to Agreement No.08-179 -- Page 2 of 4 Pages-- 09119118CCAGENDAPACKETPG 307 DocuSign Envelope ID: B9B78C65-7365-4614-BDD4-DD8B32915437 NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and Superion agree to further amend Agreement No. 08-179 as follows: 1. Section 4.4 of Agreement 08-179, as amended, is hereby further amended to read as follows: 4.4 Compensation for all work, services or products associated with this Agreement will consist of a total payment not to exceed $2,079,686.99; provided, however, that the total compensation paid under this Agreement for services provided from August 1 , 2018 through July 31 , 2019 must not exceed $260,000. 2. Exhibit A of Agreement No. 08-179(10) is hereby abrogated and replaced in its entirety with Exhibit A, attached hereto and incorporated into Agreement No. 08-179 by this reference, which reflects the current annual prices for services provided under this Amendment. 3. Except as amended by this Amendment, all of the provisions of Agreement No. 08-179, as amended, will remain in full force and effect. [signatures on next page] Amendment No.1 1 to Agreement No.08-179 -- Page 3 of 4 Pages-- 9/1 /1 CC C T 308 DocuSign Envelope ID: B9B78C65-7365-4614-BDD4-DD8B32915437 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first-above written. "CITY" "Superion" CITY OF BAKERSFIELD SUPERION, LLC. DocuSigned by: By: By: KAREN GOH Tom Amburgey Mayor Print Name: Title: VP and General Manacyq/pmoi c Administration APPROVED AS TO CONTENT: OFFICE OF THE CITY MANAGER By: ALAN TANDY City Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director Amendment No.1 1 to Agreement No.08-179 -- Page 4 of 4 Pages-- 11 /1 CC C T 39 tG:C;IINgllv6V 5FRVIl;FS EXHIBIT A S U P E R ION ��IIIIS111 �t Code Customer Contract# Application Qty 8/1/17-7/31/18 8/1/18-7/31/19 1080LG City of Bakersfield 9900867 Retrofit Modification Option 47 $ 4,700.00 $ 4,700.00 1080LG City of Bakersfield 2001317 NAVI-Building Permits 1 $ 8,215.58 $ 8,626.36 1080LG City of Bakersfield 2001317 IVR-Selectron I/F-BP 1 $ 1,439.49 $ 1,511.46 1080LG City of Bakersfield 2001317 NAVI-Code Enforcement 1 $ 5,161.07 $ 5,419.12 1080LG City of Bakersfield 2001317 NAVI-Planning&Engineering 1 $ 11,311.05 $ 11,876.60 1080LG City of Bakersfield 2001317 Naviline-Asset Management 1 1 $ 4,400.37 $ 4,620.39 1080LG City of Bakersfield 2001317 NAVI-Cash Receipts 1 $ 5,026.49 $ 5,277.81 1080LG City of Bakersfield 2001317 NAVI-GMBA 1 $ 19,749.00 $ 20,736.45 1080LG City of Bakersfield 2001317 NAVI-PURCHASING INVENTORY 1 $ 11,627.04 $ 12,208.39 1080LG City of Bakersfield 2001317 NAVI-Accounts Receivable 1 $ 7,162.30 $ 7,520.42 1080LG City of Bakersfield 2001317 NAVI-Payroll/Personnel 1 $ 11,568.52 $ 12,146.95 1080LG City of Bakersfield 2001317 Naviline-Land/Parcel Management 1 $ 7,010.16 $ 7,360.67 1080LG City of Bakersfield 2001317 NAVI-Occupational Licenses 1 $ 6,887.28 $ 7,231.64 1080LG City of Bakersfield 2001317 NAVI-WorkOrders/Fac M mt. 1 $ 12,065.91 $ 12,669.21 1080LG City of Bakersfield 2001317 NAVI-Customer Information Systems 1 $ 7,261.78 $ 7,624.87 1080LG City of Bakersfield 20011103 NAVI-DMS-Document Management Services 1 $ 1,187.87 $ 1,247.26 1080LG I City of Bakersfield 2001317-1 Rec Trac Interface to Cash Receipts 1 $ 409.61 $ 430.09 1080LG City of Bakersfield 2001317-1 Rec Trac Interface to GMBA 1 $ 409.61 $ 430.09 1080LG City of Bakersfield 20050681 IVR-Imaging I/F-Financials 1 $ 1,439.49 $ 1,511.46 1080LG City of Bakersfield 20050681 IVR-Imaging Interface-CIS 1 $ 1,439.49 $ 1,511.46 1080LG City of Bakersfield 20050681 Imaging Interface-Community Development 1 $ 1,439.49 $ 1,511.46 1080LG City of Bakersfield 20050720 GTG Looking Glass Viewer Web 20 $ 4,224.60 $ 4,435.83 1080LG City of Bakersfield 20050735 Looking Glass-Centralized Address Manager 1 $ 2,537.41 $ 2,664.28 1080LG City of Bakersfield 20050735 GTG Looking Glass Bi-Directional Module 1 $ 2,536.10 $ 2,662.91 1080LG City of Bakersfield 20060026 GTG-Looking Glass Viewer-Base 10 $ 3,168.40 $ 3,326.82 1080LG City of Bakersfield 080557 Interface to GM 1 $ 1,854.94 $ 1,947.69 1080LG City of Bakersfield 00006887 Navi Liine Click2Gov3-Employee Self Service 1 $ 1,297.80 $ 1,362.69 1080LG City of Bakersfield 00002991 NaviLine Human Resources 1 $ 5,926.62 $ 6,222.95 1080LG City of Bakersfield 10801-G-Help Enterprise Learning Plan(SP8) 1 $ 13,770.00 $ 13,770.00 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3-Core Module 1 $ 1,410.22 $ 1,480.73 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3 BP Wireless 1 $ 2,071.45 $ 2,175.02 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3-Building Permits 1 $ 3,288.58 $ 3,453.01 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3-Customer Information System Module 1 $ 2,071.45 $ 2,175.02 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3-Occupational Licenses 1 $ 3,060.36 $ 3,213.38 1080LG City of Bakersfield 00006887 NaviLine Click2Gov3 Wireless Code Inspections 1 $ 4,575.95 $ 4,804.75 1080LGCity of Bakersfield 00009535 Cognos NaviLine BI:Promo Q4-2014 1 $ 1,903.44 $ 1,998.61 1080LG City of Bakersfield 00009773 NaviLine time&Attendance Interface-Executime 1 $ 567.00 $ 595.35 Total $ 184,175.92' JPW Code Customer Contract# Application Qty 11/1/17-10/38 11/1/18-10/31/19 1080 LG City of Bakersfield 00009773 NaviLine-ExecuTime Time&Attendance 1 $ 11,1/1896.50 $ 12,491.33 1080LG I City of Bakersfield 100009773 NaviLine-ExecuTime Time&Attendance Telestaff Interface 1 11$ 1,070.69 1$ 1,124.22 Total 12,967.19' Code Customer Contract# Application 10/1/17-9/30/18 10/1/18-9/30/19 1080 LG City of Bakersfield 110633 noMax High Availability-for Primary Series Server 1 $ 3,773.43 $ 3,962.10 1080LG JCIty of Bakersfield 1110633 noMax High Availability-for Target iSeries Server 1 11$ 1,825.86 1$ 1,917.15 Total $ 5,599.29' Code Customer Contract# Application Qty 2/1/18-1/31/19 1080 LG City of Bakersfield 00007662.7819 Amend 1 SunGard Public Sector Fusion API's 1 $ 1080LG I City of Bakersfield 100007662.7819 Amend 1 NaviLine Utilities Fusion 1 11$ 3,715.00 Total 3,715.00 Code Customer !contract Application 10/1/17-9/30/18 10/1/18-9/30/19 1080LG City of Bakersfield 150668-1 High Availability Managed Services 1 $ 38,934.00 $ 40,880.70 1080LG I City of Bakersfield 150668-1 ASP-Remote Service Provider 1 $ $ - Total 38,934.00 2/15/18 Prepared by JB 2/15/18 Sent to Susan Errington NOTEi'I��I ' 1i ,(,'j /'1F ��/ Third party products fees are subject to change by the vendor, please budget accordingly. The above fees provided are an estimate only and rounding issues do occur;therefore actual fees invoiced are subject to change. Retrofit Mods subject to change. 09/19/1 CC A GENDA PA CKET PG 31 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/6/2018 WARD: SUBJECT: Recycling amendments: 1. Amendment No. 2 to Agreement No. 18-103 with Metropolitan Recycling Corporation ($130,000; revised not to exceed $800,000)for the acceptance of commingled recyclables. 2. Amendment No. 1 to Agreement PW18-100 with Bakersfield ARC ($40,000; revised not to exceed $250,000)for acceptance of commingled recyclables. 3. Appropriate $880,000 in Refuse Enterprise Fund balance to the Public Works Department's operating budget. STAFF RECOMMENDATION: Staff recommends approval of the amendments and appropriation. BACKGROUND: Recyclable materials from the City's curbside and commercial blue bin recycling programs are collected as a commingled mix of plastic, paper, metal, and glass. The commingled recyclables are sorted into separate commodities at local facilities and shipped to mills that use the raw commodities in manufacturing. The majority of the mills are located in China. Historically, over two-thirds of California's recyclables have been sold in China. During the last two decades, economic growth in China provided a demand for recyclables. However, the Chinese government has since changed policy to reserve its domestic mill capacity for handling the increasing amount of recyclables from China's rapid urbanization. This policy change, which began in early 2016, resulted in tighter markets for California's recyclables and lowered the market value of recyclables. For example, the City once received a high of $65 per ton for commingled recyclables in 2011, but the value declined to zero in late 2017. Further declining values have resulted in one sorting center currently charging $70 per ton. This charge is necessary to cover the cost of labor and equipment for sorting, plus shipping costs. Such costs were historically covered by values. Despite these new costs, the City is required to continue the recycling programs in order to 09/19/1 CC C T 311 maintain compliance with state mandates. The City is currently recycling about 12,000 tons per year. There are two local sorting facilities in Bakersfield - BARC on South Union Avenue and MRC located on Mt Vernon. Both facilities are the subject the proposed amendments. On April 28, 2018, the City entered into Agreement No. PW18-057 with MRC for $40,000 to accept and process recyclable materials. The agreement was a stopgap measure to allow recycling to continue in the wake of the unprecedented market shift described above. The agreement amount of $40,000 was estimated to cover the remainder of Fiscal Year (FY) 2017- 18. On June 20, 2018, the City amended the agreement to add $90,000, not to exceed $130,000. Even though, the contract does not expire until July 1, 2019, the funds on the contract will run out by the end of September 2018. City staff recommends adding $670,000 of additional funds to the contract, making the contract not to exceed $800,000 for these services through July 2019. On July 24, 2018, the City entered into Agreement No. PW18-100 with BARC for $40,000 to accept and process recyclable materials. The agreement was a stopgap measure to allow recycling to continue in the wake of the unprecedented market shift described above. The agreement amount of $40,000 will run out by the end of September 2018. City staff recommends adding $210,000 of additional funds to the contract, making the contract not to exceed $250,000. The FY 2018-19 operating budget does not include funding for these two contract increases. Therefore, an appropriation of $880,000 is proposed to provide for the continued acceptance of commingled recyclable materials at both facilities. It should be noted that additional costs may be incurred, pending the global situation, requiring potential additional review by the City Council. There is no General Fund impact from these actions. Reserves in the Refuse Enterprise Fund are adequate to cover these costs. City staff is not recommending any adjustments to user fees at this time. ATTACHMENTS: Description Type D Bkie Meirno Cover Meirno D Amendment No 2 I@ etiropohtain Recycfiing Coirpoiradon 'l(13 /k'gireeirneint 103 D Amendment No 1 Bakeirsfldd/kRC PW'1(13 100 /kgireeirneint 09119118CCAGENDAPACKETPG 312 'BAKERS Fl E L PUSILIC 'WORK'S OFFICE MEMORANDUM September er 90 201 TO: HONORABLE, MAYORAND COUNCILMEMBERS NICK IDLER, ,NC CORKS DIRECTOR SUBJECT: COUNCIL MEETING OFSEPTEMBER 19, 2018 AGENDA ITEM CONSENT CALENDAR Contract totals need" to be change to resect the correctdollair increasefor each agreement, See below: 1, Amendment No, 2 to Ag,reerneint, o. 18-103 with, e r politan Recycling Corporation to inaease by $6701,00G, not to exceed $ 0,000" 2, Amendment New I tolAgreeiryient No, PW18W1 DO with Bakersfield ARC to, increase by $21000niot to exceed '$ 2510,000. 09/19/1 CC C T 313 AGREEMENT NO.. ........ AMENDMENT NO,_TWgj_Q TO AGREEMENT NO. 18-103 THIS AMENDMENT NO. TWO (2) TO AGREEMENT NO, 18-103 is rnade and enfered into on by and loetweer"l, the CITY OF BAKERSFIELD, a municipal corporaflon, (0TY" herein) and METROPOLITAN RECYCLING LLC., a CCV(Drnia corporafion ("(,'10I',,ITRA1(-.T0R" herein). RECITALS WHEREAS, CONTRACTOR oper(--ifes a materials recovery facility (liVie "MRF") on property leased fron,i CITY bUr'suanf to that certajr'i Recycin? Facifty Ground Lease, Agreen"ient No. 99-329 as arnended by, Agreenent, No. 99--329(l ), Agreement NO. 99-329(2), and Agree rn e ril t^4o, 99-32'9�3) (COIIE,cfively fhe "Leasell- and WHEREAS, CITY has implemented a resit entk)ll curbside recycP-)g prograr'n pursuant to which residenflal recyclable rnraferials care source separated and deposited into blue carts by progiarn I,,,)artic1pants (the "Corningled t0aterials"), which are then taken to a processing facility (includung the MRF) faar INarrOcessing into rnarketable recycled rn(-'jterials; arx'J WHEREAS, CITY has also irr#errented a cornrnercial recycling program pursuant to which C-Ornn-iercial recyclable r riaterials are solurce separated and deposited into blue carts or bins L)y progrory'n parfic1pants �th')e "Comingled Materials"), wIr'-flch are then taken to a processrng facility (including the MRF) for processing into irnarkeiable recycled rnateriais', and WHEREAS, CITY hcis entered info as Refuse ColIllection Agreement, Agreen,ienf No. 06-300 as amended by Agreernent No, 06-300( l ) wiith Kern Refuse Dsposall, Inc, (collectjvelythe "Refuse Collection Agreen-ient"). PUrSUCIrl't to said Refuse Collection Agreemenlf, Kern Refuse Disposal, lrnic. (''Kern Refuse"), through its ff'uernber haulers, services certain residenlial and cornn-iercial CACCOUnts of the CITY or) behalf of the CITY. Such accounts include collection of Cory-flngled Recyclable Materials, and WHEREAS, ("I'lTY owns 1he Comingled RecyclablIe M(.,ile rrj a IS that are picked op by both the CITY and the haus ers of Kern Refuse in the residential cUrbside recycling program. Neither CITY nor any (z)fthe Kern Refuse haulers is regi.,ijred to take the Materials to the MRF alihOUgh rnoch of such Materials have been taken lo the MRF for processjrngl' and Page 1 of 3 Pages 09119118CCAGENDAPACKETPG 314 WHEREAS, In the past C01„1TRACTOR has paid City for the Corrin led Recyclable Maferials, carnet the market value of the Matei-Iais after processrng Iby the MRF exceeded the cost of processing, More recenfly, the cos,t of processing the Comingled Recyciable MaierjaVs has ev.-,eeded the value of processed recycned materials due to mark:ef conditions, so that CONTRACTOR needs to charge CITY land its other custorners for its acceptance of Ilhe Con°4-)giecl Recyclable Materials to avoid or r-ninirnize its losses, and WHEREAS, on April 24, 2018 the per:.irtjes entered Into Agreement f,4o PW18- 057 to more thoroughly set forth the lerr'ns and conditions underwhich CONTRAC'TOR shall be required to accept Corningled Recyclabie Matericil from the CITY and frorn the Kern Refiuse haulers witfrespect to the Col ningied RecyciabMater[ais Owned by the CITY as detern-ined under the Refuse ("'ollection Agreen,,)ent, arid for oti-ner corningled Recyciabe MateriaIs coldected by CITY under its comr-nerclai recycling prograrn; and WHEREAS, on June 20, 2018 the parties amendeld Agreernei-�t No. 18-103 to extend the agreement term to expire JUIy 1, 2019, and increase connpens(,Ifion by Mt,,IETY THOUSAND DOLLARS ($90,00(',)) In an can-nount not to exceed Ot'JE h--IW\IDRED THIRTYTH OUSAND DOLLARS ($130,000); and WHEREAS, the parties, agree tea arnen(.1 Agreery,ien[ 1',Io, 18-103 to increase compensation by SIX HUNDRED SEVENTY THOUSAl141D DOLLARS ($670,000) for a total r:)rnount net tc) exceed BGHT HUNDRED THOUSAND DOLLARS ($800,000) to allow the continuance of accepfing Con-iiingled Recyc[ab. e Materiahs, ir-Ind NOW, THEREFORE, incorporating the foregoing recitalls -iereln, CITY and CONTRACTOR mutually agree as foflows: 1� Section 3 of Agreernent No. 18-103 entitled ''I-Jn,iatcjflons can Ar"nounts Payable by City”' is hereby arnendeld to read as follows 3, LIMITATIONS ON AMOUNTS PAYABLE IBY CITY. In no event sholl the ai-nourifs payabie by CITY to CONTRACTOR exc,,eed tfIE' SUM of EIGHT HUI�,JDRED THOUSAND DOLLARS ($800,000) wifl-lout the approval of a modification of this Art reemeM by the CITY and the City Councfl, 2. Except as amended herein, al9 other provisions of Agreen'lleni I"� o. 18- 103 shafl remaIn in full force or-id effect, Page 2 of 3 Pages 09119118CCAGENDAPACKETPG 315 IN WITNESS WHEREOF, the par es hereto have caused ths Agreement to be executed the day and year first-above wrMein. ilcilillyll "CONTRACTOR'' CITY OF BAKERSFIELD METROPOLITAN RECYCLING LLC, By:— ................. By:.............................. ................................. Ka,ren G,oh Mayor Prir"it Num e: Martin D, Graves Title: ility SalejA& n i APPROVED AS TC CONTENT: PUBLIC WORKS DIRECTOR By:._ NICK FIDLER Public Works Dire clot" APPROVED AS TO FORM: CITY ATTORNEY JOSHUA H. RU IC Deputy City Attorney k Insluraince: COW",JERSIGNED: ............................ NELSON SMITH Finance Director Page 3 of 3 Pages 09119118CCAGENDAPACKETPG 316 � INSURANCETE OF LIABILITY � I)�'I!'Nrv��rrEalrrr`rr�I CERE _I9 k r l a_.M..m. . ...... 1/ ! l Cw7 EI FHIE GENE TIFICATE IS ISSUED ASA MA!ITER OF IlNFORMA"TIO 7 ONLY AND C:,"ONFf:IFdS NO F'IGFIT'S UPON THE CERTWWAIE HOLDER. THIS CE R I Al NCATE DOES NOT AFFIRMAIWE LY OR NEEE„AT 9VE L Y AMEND, EXTEND OR AI^..TER THE C:OVE_RAGEu AFFORDED BY THE POLICIES BE'mE.l7W THIS CERTIFICATE O,F INSURANCE DOES NOT C:UNSTNTUTE A CONTFa,AC f BETWEEN -rHE iSSIlENC', NNSURE IR()p, AUTT-OFUZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE EFEJE_DLR, _ N FNaCu TAN1'C Hthe certrfsC to hoder is aru ADDI T I NAL INSURED, the Ir 'I[cy(ies) must. Ear crra�u6 �Cdl If SUUFTCTGaATIONr IS WAIVED, subject to the termsnand con ditiClnCs of the TICYINcy„certb�roin E�h',SNNrkd'!s 6'nziy regB.ire an on(lT,5C'id&:q"0'ent.. 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M" rwurr..R YU:):1 Xf#a 9 X11 %q () FP b � or 0"0'cp inti aiii r U la AL IfV1, 1� }.-f.,{,a,t f.,..rPILL Fl...a�i C:c.a II dr,7 R��L: r�I Sa i .£ .t* .t f IJ.. f�H.rCL�)(tw::rit E,takkda xlf [F.P tMrI C,F C76 f A'ROFIS t LOCA TTC„1 S 1 Jf f°cI ES A("w'.:'YRD 101,Aldditn>Y al£3.crn rr'1a„.ry w( ie n'n 4± .� .. � v r� 6uaai 1f litrrM C;.Z.t”' ryt ki„ ?r. s f..r. rl, z#':w'' rtr yr r' 1 �L1`.'I� r ,,, trTrrft 7t:r rr ✓ lr..atr a x rti. rt�xrlta �u� oItitat.. .l. � L aid a ftiro&u9¢ncrn hEr F rafirrr. µ s t.C.x .0 t:.7 t IFC T f7 '.08/ b GJ .t rr r Er itE t fC r. 3,t+cri `rl3aE'l,¢ ra :cE Er z frtrr aro:tr E u i rI 1 t caI t;. i t f U, r trir r .: fl C G �ti,.?"CC 509. r rr; I GJrd: favor.” of r1ri BF, r..a1. r F vxCr r ➢ c ::al T rrrE_Er�i^ :a,dr .sfr, .l.i a1r,. 1 on the work t..: rttEr E.n,-/k ra,a E`aro..r 1'.hoat_M^xo Tir. .t .'''�: rrat If Tdl. I,93,C1.i3T,t(3„ CERTIFICATE E 9C1N._UE C ANC EI N A TNON mm — ....._.� ^..�._ �., _ of1,ore T;bakers ie d :u9Er us EOU ' YOIAE ERIBEPOL.,1MBE,CANCELLED EEGRE TIUL"X•E� N SIE ENN¢ , VALL Br,,,CLV3FD City of 'Ba.FC,i".Y.f.i,el.d AOC^&"RDANCE°.WITH THE POLICY f"ffiUi.,D'VISICaNS,. Solid Waste E,J-;7..vjs.9.,ox1 4 1,GIE E ataxia a Ave Bakersfield, CA 93309 ,E�war E f rdTrtiTavT. r> __ L1,rr/1,R .,.,.., Q',.)1988-2014 AG"fURD CORPORAfN Tp. ARN if`i E E�reS��N��. AGORD""3 C7u➢14,ftk"tlf The AC:CUF&U n am and Ir(d o are reylstertttl 6"Tuirk.� of ACORD U9/I�,f7;v`� c�rrrr Q9/19/18 CC AGENDA PACKET PG 317 FI(DUCY NUMBER: 02-LX-00383311.5-1 0 COMMERCIAL GENERAL LIABILITY CG 24 04 05 019 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endor-sernent niodifies Insurance provided under lie following: (,'0MMERClA1.GENERAL LIQ'MLITY COVERAGE, PART 'RC DIJCTSICOM[PLETEDOPERA11ONS LIABtILH)l COVERAGE PART SCHEDULE aau Or C' - 'BAKERSFIELD sANvrATION DIVISION to ckorn e 'te this Schedule, if n!ct shown ,,.-3bove, wiil1 be shown in thia Declarations. En-i—1-Dr-11: �10-:n:L�iLl—Lre d- f��-I--I I I I........ The to[lowing Is added to Paragraph 8. 'Transfer 01 Rights Of Recovery Against Otherss To Us of Suction IV-Cc nditions-, We waive any right of recovery we may have against tho person or organization shown in the Schedule above becaUse of payments we make for injLjry or damage arising OUt Of YOLJr ongoing OpfN,'2110TIS OT ,your work" done under a contract with that person or orqw-ilzation and included In the "products- cornp�eted operations hazard", TMs waive,r applies only to the person or organa zatnn, shown in the Sthe dukA above, CG 24 04 0;5 09 lnsurance Services Office, Inc., 2008 Page I of 1; 11, 09119118 CC AGENDA PACKET PG 318 u 'ter Rt Rw 6 (,()\I PENSAI MN AND EN IV LOY ERS U A HHJTY IN M-N AN( F I qH I U% M U4 03 UO WAIVIN OF 0M mmu 'ro RE(A)VER FROM umms ivammamma L I F0 I�N I A We hme Me HgN to recover ow payments, frorn anyr�rne haHe f6r arr injury ,, uv,tcd Chis pohC,,,,- \k"C Veil[ not out, Me peNon or eaKwnimn nmwd in dw mlclde (This ar,-;[-",en,11.napplic"s onhv io flE, emm Man you per 'orm, work under a w,vi-itten contract I& rmpims you to main this agruumm himi uk) YOU IUU',R IMHUMWI [)2yFoll rccordaccumtoy Segngadry the rcmunuraHnn t1your mnpkVuus "Ile engNod in the aork dewribed in Me &SW 1% additional rnmiarn Rn ON endmwmwo MmH he 2%or dw (A Nbrka wokmW cmnpumihm PrOUKUH1 due on ,nuch SCHEDITF, PERSON OR ORGANIZAPON JOB DESURH9'1()N ANY 192SON OR UWANIZA nON FOR MqK)NI nIF IT,,0'r�1,,fi,,T NkV0\TR OF S I lBR(K-i/11111 10N NANIED INST'I"D HAS ACiP'I'TT), BY WR'[TIEN' FHIS W/VFR "he poli,,y to is (The information bdow k requKed ono,when this endorsement is issued subwquent W preparathm of Me p0Q) 1-11,cctivy 02NIaN8 INHUY No. 76=204181 N,ar OW homnT N%mp0han Rmydhg UK; hammme Compmy EvmeM Nadmal Nmnamv Compm", - 199H by 1he%VorkmV(Wm"n"Nsn Innimnce Rming Hmmu u"IMM,AH NOB rusm"d, 1�rmn rhc WCIRWCalifonfla W(rrkcrs,01111pensatkm In"uname t^rrrrorw Ma"md " 1999. O9//19//18 CC AGENDA PACKET PG 319 ENDORSEMENT THIS ENDORSEMENT CHANGES THE P0LJCY. PLEASE READ IT CAREFULLY. Poky No: 02-LX-003 83 3 115-10 Effective 12:0,I a.m. 02/01/2018 ADDITIONAL- INSURED -WHERE REQUIRED UNDER C0_NTRACT OR AGREEMENT This ondansem",)nf rnodi�"ies,insuranco providecl un(her ox,folio COMMERCIAL GENERAI IJAL.31LI PY C',0VERAGE, F ORM SECTiON 11 -WHO iS AN INSURED, isatnended to read, Any pc)rson or organization to whom you bucorne,obNgated tc linulucic as an addIfioral ins1ur(.'.,xJ under Uiis poky, as a resuit of any contract or agreement you enter into which requires yaiu to furnish insurance that peirson or organGzatjon of Lhe type provided by V,iis policy, but only with respect to liabilfty arising Gaut of YOW operations or ixcmi�ses owned by or rented tO YOU. Kowevpf, the insurance provided will not exceed the le-sser of� The coverage and/or fimits of this policy, or 'The coverage and/or limits required by said contrart or gag re Nzinert. Authorized Representative or Countersignature(in States Where Applicable) 61712 (08/07) Flage, 1 of 1 lnckAes e-opyrighted rrrr3terlal c�f Insurancc vices Offv-,% lrcwifh its permsscn 09119118 CC AGENDA PACKET PG 320 AGREEMENT NO, AMENDMENT NO. ONE-UTO AGREEMENT NO. PW18-100 THIS AMENDMENT NO. gds jj1j_TO AGREEMENT O. PW18-100 ➢SrTiadE) and entered into or) .................-.-- , by and between the CITY OF BAKERSFIELD, a charter 61y and a municipal' corpotation (referred to herein as "CITY""), and I BAKERSFIELD ARC, INC, (BARO) (referred to �-ierein cis " O CNTRAC TOR"), RECITALS WHEREAS, 0TY has irnpernented a residential CUl"bside "E`cycling program pursuant to which residentiai recyc9able r-naterlals are source separated and deposited ir,rio blue carts by program particpants (the "Corningled Mal'erials"), which are then taker) to a processing facility for prc,)ciessing into marketable recycled materials; and WHEREAS, CITY has also in-plemented as corniniercial recycling prograrn pursuant to which C0jrnnr,)erciaI recyc-,kible r"naterials are source separated and deposited into blUe carts or bins by progran,-r participants (the ''Comungled Materials"), which are then token to as rX0cessing facility for processing into marketable recycled n-iaterials; arid WHEREAS, in the Past C'0f,ITRACTOR has paid CITY for ff,)e Corrin gled Recyclable Materials, (-and the market value of the Materiais offer exceeding the cost of processing, More recently, the c' ost of processing the Corningled Recyclable Materiais hcis exceeded the VOlUe of processed recycled materials due to rnarket Colriditions, so that COrJTRACTOR needs to charge CITY and its other custorners for its acceplance Of the Cor-ningled Recyclable matericjms to avoid or, r-riinjrnize its losses; and WHEREAS, c)in the 24H, of July of 2018 the CITY and CONTRACTOR entered info Agreement No. PW 18-100 where COr,]TRACTOR shall be required to accept CornIngled Recyclable Material from fl-)e CITY and fron") the Kern Refuse haUlers with respect to the Corningled Recyclable Materials owned by th6" CITY as determined under the Refuse Collection Agreernenl, and for other Comingled Recyclable Matericals collected by CITY under its comirnercial rec.,y ca inn prograrn, This Agreement was not to exceed IFORTY THOL)SAIr,,11D DOLLARS ($40,000)� and .. .......... ........................................................... ......... r. INDEPENDENT CONTRACTOR'S AGREEMENT ) Page 1 of 3 Pages-- 09119118CCAGENDAPACKETPG 321 WHEREAS, the parfies agree to car end A greernei-0 No. EDW 18-100 to extend the agreement ferr-n by Ot,41E (I ) year with four (4) conseC(.)flVE,' aninuall renewols, and to increase compensation by TWO HU[,,J[DRED '[EN THOU A4,4 DOLLARS ($2 M,000) for atotai ar),ioun1 not texceed TWO HUNDRED APJlD FIFTY THOUSAND DOIJ ARS ($250,000)fo allow confint)ance of accepting ;omingled RecycIalbse Maferiaisand NOW, THEREFORE, incorporating the foregoing recitals herein, CiTY (�,Jnd COt,1TRAC-TOR mufuaIlly agree as f(:)flows; 1 . Section 4 of Agreement P,rlo. PW 18-100 enfltled ''I-irT-dations on Amounts Payable By City" is hereby on-aended lo itead as follows: 4, LIMITATIONS ON AMOUNTS PAYABLE BY CITY, In n(,) evenf shatli the car ounts payable by CITY to C011,JTRACTOR exceed the ,surn of TWO HI,Jt',1DRED FIFTY TH0USAI',,fiD DOLLARS ($25(.1,0010) wiihouthe approvai of a modification of fhs Agreement by the 0TY and the city cour'i0. 2. Section 9 of Agreement I�k), FIW18-100 entitled 'Terr-n" is hereby oryiended lo read as follows: 9. TERM. This Agreernerit shall have a terrn date of SeptenlL,)er 30, 2019 and shall be rer-Eewable there after foi' fOLA (4) consecutive one (1 ) year periods, 3. Except as amerided herein, calf other provisions ol'Agre(,.�,,nienf No. PW18- 100 sl--iall rern ain in fi.jfl force and effect, ..............-..........--.....................- , ---............................--......... I N D E P E N DEN C'0 N IRACT'') A G R E E ME N T S 31 II I N C,400 C C)^I TS&AG M N TST Y,181 fSP ,C',AX ne I Idirm.)1 1 Vu PVV;8,1 X)do(." -- Page 2 of 3 Pages-- 09119118CCAGENDAPACKETPG 322 IN' WITNESS WHEREOF, the parties hereto have (,"'aused ths Agreeri-rent to be executed, the day and year first-above written, "CITY"' "CONTRACTOR" CITY OF BASK ERSFIELD BAKERSFIELD ARC, INC. By:_______................ B y KAREN GOH Mayor Print Narne: JIM BALDWIN Ttle: CEO APPROVED AS TO C(_')r,,,JTENT: PUBLIC WORKS DEPARTMENT By: ........ .......... NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ------ .......... JOHUA H. RUDNICK Deputy City Attorney IR Insurance: COUNTERSIGNED, By: .................................. NELSON SMITH Funance Director Attachment: Exhibil "A" Certificates of Insurance ................... ............................................................................................ 1NDEPENDENI CONIRAC I'01R'S AGREEMENT" I laPV08-1,1QdWrx Page 3 of:3 Pages 09119118CCAGENDAPACKETPG 323 CERTIFICATE O'F LIABILITY INSURANCE D,,I T,7m�7fDDPrY)'fl TJ-I[S CER-HPICATE IS RSSUED AS A MATTER OF RNFORMATION ONLY ANE c 7)'N—FE R$—NO R�G 1-1 T 5 U F1 0-NT—H—EC E R—T]—H(,,"A—T E H 0 L D E IR.THS CER T IF JCAT'E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVEF',AGE Af,",FRDED BY THE POLICIES BELOW. 7HIS CERTtFICATIHOF lN.SURA NCE I)OIES NOT CONSTITUTE A CON rRAc'r BE TWEEN THE, ISSUING RNSLJRER(S ,,AU rHORIZED REPRESENTATWE OR PRODUCER,AND THE CERTIFICATE HOLDER, IIMIDORTANTY If the certificate holder is an ADDP-14NAL INSURED,the polkcy{ies)must have ADD11110NAL INSUREDprovislons orbe endoirsed, It SURROGATION IS WAIVED,subjOct to the^ternis and concliIions of the policy,certaln policies may rucluire an endorsement, A statement on this certificate does not conNer rights to the certificate holder in heu at such endorSeU)Cint(S), 7,-m 17,T .......... NXI'K -�-r&7, )NAI, CFR�IFIH-) INC (562)(398 0691 �562698-1379 IL P0 BOX 181�) Fe C7E.kPaF'PS ti'. VNSURERtS)AFFOM m NAIC# Cl y'Iri' �,,A 006Wl INSWU.-RA N,'0N1,')R0FIYs INS ALAJANCIF ------------........................ . . .............. .................................................. ....... .. ............................... ................................................................. for l',URERC, HAA H,',SFILLA)ARC INC n -1 N S U R-.:.kat ................ i AK E 2A-1 E L1) CA 9330�_ L-G—ni L' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER� T(..'�C[ 11 y IEP,0CIL'S OF NSURAIIV..�[ I S-1 FD HFY'()w llflFF N 10 T)R,INI.WIPFU rWvIEL)AHOV�-FOR I I iE POL.K111y PLRIOD M,iMAI'LO NO 0)[I H',-3 TAN()�N(.,,AN)'1"-,FOUP F M F N I-,I FR,M 0 R'G ONM I[W01 AC,rPY(,(Ptl�tA,r,TC)l�,011(L�la[)C)(',tj,PAL-tb1 ',PJl[til,'[-',3�,�.(.`t60,,n,�6H(,oll'a-11"', U MAY Lt-1S,,,,UFD d)R N(AY PERTVN-Tf nFr.H,1c;UHANU NA-TERMS X(lLll"t�,l r,:'A,,U)"'',".apJEJ171(1rli"OP 111UC'HP(X10I'S Int0i ............... LTR rM �NSURANCE Immimpe lfvj ............... C()MNERC�AL LIAH.L I I Y 000,000 100,000 5,000 0 10 "'T 18 0 1 10 1120 19 INJURY S A L'000'000 ............. GE' IV',[T MIES Pir (jC ........................ ............................................ ........... A U I c�m ri Bi I 1A b I T,y C 0 G,0 0 0 ANYA 10 Y 0 2 81-I Q 9',Y)-I I 1 0 210 18 U1101/2 019 E V�Ju4 I Y I N,JU k�y v o aa�m ni Aul(.fS UN� u )s `�I T'QZ"01 y --X -------------- ......... .. ................ X $ EXCFSS Ll'M.. 2 0 t 8 10 999 U P0 B N 1-1 0 U110 +'2U 8 G 1�O 112 0 1�11 .................. rFN rlC)N 11 ANE, W,11. A1311JTY N A _'U'l 8 0 /0 01)19 m FY"Cl JDI LY, r'� vXG 1.101 0 F40,000 �rqmi I Lu'(i-r $L -.A"��,EA 5K000 YIfYnAlf .......... -.2 ........... keUY, S TATUTORY L'(.)MPF-NSAXON 1' 3 P 4 0 5 7 8"7 0 1/0 1 Tn) 8 011(Mr61019 2,000,QOO ---------- ...... CERTIFICATE HOLDER CANCELI ATION SHOULD ANY OF HE ABOVE DESCRIBED POLtlCRES BE CANCELLED BEFORE THE EXPIRATK)N DATF-,fl,1ERF()F,N01ICE WHrl-BE DEL RVERED M CI-PY OF BAK� RSI"'IELD ACCORDANCE WfTH 1HE POUCYPHOV9SI01145- C I I Y OF BAKERS HE LD SO-T)'uVAST'E UVIS ICwN 1(300 TRUXTON AVE A Ej i r,` 1,,1)Iz F PRr ,E N rA7 I V E. BAKERSFIELD, CA 93301 Ib'19BB-201 5 AC RD COI,'PORATR ON, AH rights reserved. ACORD 25(2016/03) 1he ACORD nan'"j and logo aire mgNtcpiied mirks(AACORD 09/19/18 CC AGENDA PACKET PIS 324 POLICY NUMBER� 2018 10999NI-10 COMMERCIAIL GENERAl- UABILITY CG 20 '10 04 13 TFUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR ISI - SCHEDULED PERSON OR ORGANIZATION This endorsement rnodifies insurance provided under the follmMnq C,01MMERCiIAL, GENERAL, [JABILITY COVERAGE PART SCFIEDLJL.E Name Of Addidonal Insured Person(s) Locatio T Y OF BAKERSFIELID SO[0 INAS IT. DIVISM jl�is ,' hedule, if not shown above, mill br,.,,, shown ki the Declarations, ........... r_rr 1 rril�--111-i-ILt—o -1-- --- A Section 111 — Who Is An Insured is amended to B. With respect to the insurance aff(�)rded to these im,,,,lude as an aidditionaN insured the person(s) or additional insureds, the followim.) additional organzation(s) shown in thie SchediLde, but only excilusions al,,,)ply: with ir�,,.�splect to fl ability for "bodily injUry", "proparty This inSUfance does not apply to "'bodily in or darnage" or "peiisonal and advertisirig "property damage" occurring after: caused, in whole or in pad, by: 1, Ali work, including materials, as or 1. YOUr acts or ornissions, m- ecii-Hpir,yrent furnished jrn cioirjr,jecflorr with such 2. The acts or omissions of those acting On your work, on the prefect (other than service, behalf; maintenance or repairs) to be perforrned by or in the performance of your on operations for on behalf of the addffion,@l inSUred(s) at the the additjonM 41SUred(s) at the locaUon(s,) iocation of the covered operafions has been des�gnated above cornpleted, air L.lowever 2. (hat portilon of "your work"' out of Mruch the inpury or darnage arises has been put to its 1. The ir)SUrance afforded to such addidonal inten6.-,,c1 n,ise by any person or organization �nsured onYy applies to the extent permitted by other than .another contractor or subcontractor Vaw and engagc^d m performing operations for a 2. If coverage provided to tht,a additional 'ensured is pnncipal as a part Of the S@rlle PrOjeGL reqi.iired by a 't or agreement, the inSUrance afforded to such addMionaq Insured will not be broader than that Which you are required by the Cortr@Ct omL agreement to I)rovide for such additional ii!-ISUred- CG 20 10 04 13 IrISL)ranCe Services Office, Inc,, 2012 Page 1 of 2 09119118CCAGENDAPACKETPG 325 C, 'Plith respect to Ihe illSUrance afforded to these, 2. Available under the appHcable Unifts of additional Insureds, the followng is added to Insurance shown in the Declarafioin,,,,, Section IN --Unnits Of Insurance: whichever is less, If coverage provirded to the additmnaN insured is I"his endorsement shalk not increase the required by a contract or agreement, the most we appHca[,)I(,,,,, Unirls of Insurance shown in the m pay on behalf of the additional insured is the Dedar,,Aions- ,arnount of insurance. 11. Required by the contract m agr(,m,,rner'rtl or Page 2 of 2 InSUrance S(,�,rvjces Office, Inc,, 2012 CG 20 10 04 13 09119118CCAGENDAPACKETPG 326 LJ N� 1- THIIS ENDORSEMENT CM ES THE MEMORANDUM OF COVERAGE LEASE READ ITCAREFULLY AIVER OF TRANSFER OF RIGHTS Of RECOVERY Ali ST OTHERS TO US Nonprofits' United Workers' Compensation Group MemorandMi of Coverage; PU0012018 This e'undor yement rnodifies the r"✓:OVer c,19(? parc:.uvided under the foN'owin°g Mr,n"aoraradu..uray of Coverage; PART ONE: WORKERS' C,x,.11 PCNA TNC: C:OV['""RAGE Paragraph H. RRC Ct EF,Y F:RON OTHERS is �:ar�ar�rac.4r„;d with respect to flu? fr�aHo irlg: Name rarl ddress of Person or- Organization: rty of Bakers ret Bolin Waste Division 410,1 TruKtun Avenue aakersfield, CA 93309 l DESCRIPTION OF OPERATIIONS/LOCATIONS ADDED BY ENDORSEMENT: The City of Bakersfield, its mayor, ccaurar'rt, officers, agents, employees rrrld designated volunteers. r.s”. i NSF°U "V11CG waives :gray right of ru:_cove^ry it may hzrve af,rrinst the person or organization shown raboly because o f' ayrr.rents me by NPUMt.. for injury or damage arising, u.,jt of the rernber s or)eratnor^us Gone under ca C'ont.Irract with that person or orgariiz ation shown above and nnf:ir.dded in th(,z coverage )rovided by the Memorandum of t (vr'raa�-e- This waiver as pli(.''ro orfly to the person or organization shown on the Schedule Above- This endorsement is part of the macer ndurra of Coverage and is effective on thie dates shown be�low, i6 other terms and conditions r rnair, uncha,nged. Effective mate: Jzaraua�r :1. �Ctt � . � �r tion Member:r: Bak rsfield ARC, Nlaa Endorsement Cher �,NPtJIWC G-BKFkAR('.07 gat Issued: ___Dec '19 2017 1rrrrzri Fterr sr'nat�trcr PUMC ... NPUMCG r�ray�� 'War a CG Ir(H�20'18 Page t. rr 09/19/1 CC C T 327 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent—Agreements n. TO: Honorable Mayor and City Council FROM: Nck Fidler, Public Works Director DATE: 9/5/2018 WARD: Ward 2 SUBJECT: Contract Change Order No. 1 to Agreement No. 18-069 with Cal Prime, Inc. ($71,937.26; revised not to exceed $2,358,403.26), for the Westpark Sound Wall Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: The project consists, in general, of construction of six sound walls along the future Centennial Corridor. The sound walls are located along the depressed portion of the future freeway between Montclair Street and Joseph Drive. Contract Change Order No. 1 provides for compensation to the contractor to construct 129 linear feet of screen wall along Roosevelt Street. Mature Italian cypress trees previously screened the view of SR-58 for the residents in the area. The trees were removed during the construction of the H Street on-ramp. In consultation with the adjacent property owners, it was determined that a screen wall was the most prudent means to immediately and effectively reestablish the screening previously provided by the mature trees. This additional wall was not included in the original plans. This contract change order results in an increase of$71,937.26. The sum of all change orders to date on this project reflects a total cost increase of $71,937.26 (which results in a 3.15 percent increase to the original contract amount) as illustrated below: Original Contract Amount =$2,286,466.00 Previous Change Orders =$0.00 Current Change Order No. 1 =$71,937.26 Amended Contract Agreement after CCOs =$2,358,403.26 Net Increase to date =$71,937.26 Local Transportation Development funds provide the funding source for this project; therefore, 09/19/1 CC C T 328 there is no impact to the General Fund. ATTACHMENTS: Description Type D Contract Chainge Order No 1 /kgireeirneint 09119118CCAGENDAPACKETPG 329 CITY OF BAKERSFIELD Thomas Roads Improvement Program 5'ela; CONTRACT CHANGE ORDER SHEET 1 OF 5 CONTRACT NO. 06-484604 CHANGE ORDER NO. 1 P.O.NO. PROJECT: Westpark Soundwalls TRCC19 FEDERAL NO.(S) CONTRACTOR: Cal Prime,Inc. ADDRESS: 10101 Michele Ave. Bakersfield,CA 93312 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Andres Roldan,Construction Manager,AECOM DATE: 7/13/2018 CHANGE REQUESTED BY: Andres Roldan.Construction Manager,AECOM DATE: 7/13/2018 As directed by the Engineer,and in accordance section 4-1.05"Changes and Extra Work"of the Standard Specifications,complete the additional work to construct 129 linear feet of screen wall on Roosevelt Street per the drawings dated 6/28/17(SWL-1,SWL-2,SWC-1 and SW-1). The costs are to include all labor, equipment,and materials associated with this change order. The following is the breakdown of the cost items: Description City Unit Cost Dotal Cost Ru —,A,ph.h! alcledu Paaven—at 48 15M0 72Ci W Remove C.°aatirh li)wmi t 2.4100,00 20)(t 0,0 Rclo"atc Roaacliode Sign 4 400.001 100 00 R-1111.A111hah( invaago Side—Ilk 620 "H.00 55i4000 PR-11 Crra;re[e.f4 aodT Mid Cnanrr) 24 19.00 4;92,00 In rn,,h a 't Place 0.I vv 1 A41,,,-g,,a,W9aa., 1 500,00 500,00 Hraa Mix Asphalt(1`ype Ay 615 475,00 7,125 OO PL—1Wau Mix Asphalt fMi-Arran) 61 '11,00 3008,0O Minor Concivie(Minor Sttuoure) 4�� S,ri00.00 7,rnrew.00 Sound Wall M,i,,a,ry@3Wock K58 27,50 23,595,00 Minot Concrete(A40, C7u Rei 2 7.500.00 i,000,wt Mixcc4lnna«aux Iron,and Swd 263 3.l':O1789 OA aO AW—us Survery 1 4,400.00 4,400.00 mobit—aldbVpY/W.GPkMpTpadhll&ear64Yir 1 2,500.0lii 2,500,00 l;raffi.Cm Vol 5,5 3.00 5,59100 Dond 1 2,055-1c, 21 0095.-16 Total S71,93726 Extra Work at Agreed Lump Sum Price: For the work of constructing the screen wall on Roosevelt St,the Contractor will be compensated at an Agreed Lump Sum Price of$71,937.26. ACCOUNT NO(S) 335-4021-825-8041 TRCC19 INCREASE $71,937.26 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: 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 carefid 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 perforin all services necessary for the work above specified,and will accept as full payment therefore the prices shown above. Accepted,Date: Contractor: Title: 09/19/1 CC A GENDA PA CKET PG 33 czc ro mccn � a m C < IZ-'I) 3NIlHOlY a o $a 'lbs O as 00 w w m m z 3 N m W w < N F F O N g< O QUd } $ c�Ww 1O v w a i d d w w a w .~.z.< uj v�aa' u z z� wwJ~, id � �. 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/30/2018 WARD: Ward 5 SUBJECT: Contract Change Order No. 1 to Agreement No. 18-038 with Insituform Technologies, LLC ($37,774; revised not to exceed $1,965,328), for the construction of the Sewer Rehabilitation In Campus Park Area between Old River Road and Gosford Road Project. STAFF RECOMMENDATION: Staff recommends approval of the contract change order. BACKGROUND: This project provides for the installation of cured-in-place-pipe (Cl PP) liner within an existing 39 inch reinforced concrete pipe (RCP) host pipe located along five local streets between Old River Road and Gosford Road. Other work includes cleaning and video inspection of the 39 inch RCP sewer line, manhole rehabilitation of 17 existing manholes using epoxy spray-on liners. This project also requires a temporary sewer bypass system to allow the work to be performed. This change order provides for the cleaning, video inspection and placement of CI PP liner into the actual field measured length of RCP host pipe to be lined with this project. It was found the quantities represented in the engineers estimate were 220 linear feet less than the actual quantities required to be lined by the contractor and field measured by staff. The total cost increase of contract change order No. 1 is $37,774.00. This is the first change order for this project and reflects a two percent increase of the original contract amount as illustrated below: Original Contract Amount $1,927,554.00 Amended Contract Agreement after Change Order$1,965,328.00 Net Increase to date $ 37, 774.00 09/19/1 CC C T 335 This project is funded with Sewer Enterprise funds; therefore, there is no General Fund impact. ATTACHMENTS: Description Type D CC.O No 1 CPP CaIrTIlPUS Pa irk /kgireeirneint 09119118CCAGENDAPACKETPG 336 COPY DISTRIBUTION: ORIGINAL-CITY CLERK,WHITE-CONTRACTOR,BLUE-CONSTRUCTION,GREEN-CONTRACTOR'S INFO,YELLOW-CALTRANS,PINK ENGR.,GOLD-PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 18-038 CHANGE ORDER NO. 1 P.O. NO. 183177 PROJECT: Sewer Rehabilitation in Campus Park SHEET 1 OF 1 Area(CIPP Liner)from Old River Road to Gosford Road CONTRACTOR: Insituform Technologies N/A ADDRESS: 10260 Matern Place FEDERAL NO.(S) Santa Fe Springs,CA 90670 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R.Voyles SUBMITTED BY: R.Voyles DATE: August 29,2018 Construction Superintendent Construction Superintendent INCREASE CONTRACT ITEM AT CONTRACT PRICE • Item#6 Clean and Video Inspection(39"RCP) 220 LF @$7.90 per LF = $1,738.00 • Item#7 Cured in Place Pipe(CIPP)Liner(39"RCP) 220 LF @$163.00 per LF = $35,860.00 • Item#8 Post CIPP Liner Video Inspection(39"RCP) 220 LF @$.80 per LF $176.00 $37,774.00 ESTIMATED COST: ACCOUNT NO(S) 412-4031-812-8041 E71<205 $37,774.00 INCREASE $37,774.00 DECREASE By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: NONE NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,fimush all materials,except as may otherwise be noted above,and perfomr all services necessary for the work above specified,mid will accept as full payment therefor the prices shown above. Accepted,Date: Contractor: Title: 09/19/1 CC A GENDA PA CKET PG 337 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Property Acquisition Agreements— TRI P p. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 9/5/2018 WARD: Ward 2 SUBJECT: Approval of settlement in Case No. BCV-16-120383 in the amount of $3,631,110. STAFF RECOMMENDATION: Staff recommends approval of the settlement. BACKGROUND: On September 28, 2016, the City Council adopted Resolution No. 164-16 (attached) to initiate litigation to acquire property for the Centennial Corridor Project. The subject property was improved with a 6,014 square foot building situated on a 10,650 square foot parcel of land located at 4600 California Avenue. After extensive negotiations, based on appraisals provided by independent appraisal firms, City staff has agreed to settle the pending litigation upon City Council approval for $3,631,110. The settlement includes the real estate and fixtures and equipment claims made by Citizens Business Bank. The claim for loss of goodwill will be tried separately and is not included in this settlement. If approved, outside counsel, Nossaman, LLP, will file with the court the parties' Stipulation re Settlement and Entry of Judgment, which will include the scope of the property being acquired, the compensation paid for the property, and the property owner's real estate and fixture and equipment claims. This settlement is being 100 percent funded by the federal funds for the Centennial right-of-way acquisition; therefore, there is no General Fund impact associated with this settlement. ATTACHMENTS: Description Type Reav>dlaudOlrl orf INe:;eav>av>ty No '164 '16 Ba.ckUup IMateirla. 09/19/1 CC C T 338 RESOLUTION NO. 164— 16 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution, Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ("Caltrans"), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project"); and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire in fee simple that certain real property commonly known as 4600 California Ave.. Bakersfield, CA 93309 (APN 020-600-04) and more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference (the "Property"), for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There has been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. I<V)N 9 1 o Tv � m r U 09119118 CC AGENDA PACKET PG 339 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits i and 2 hereto are the legal descriptions and depictions of the Property required for the Project. 4. Findings. Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 5. Use Not Unreasonably Interfering with Existing Public Uses). Some or all of the Property may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights-of-way are on file with City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. 6. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights-of-way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existin 6AK,.q �T 2 � o ORIGINAL 09/19/1 CC C T 340 public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. 7. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the Property as may be reasonably necessary. Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on September 28, 2016, by the following vote: AYES' COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, S[]LLIVAN NOES: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE B ENT: COUNCILMEMBER PARLIER APPROVED SEP 2 8 2016 �cr ERTA GAFFORD,CJAC Y CLERK and Ex Officio Clerk of he Council of the City of Bakersfield HARVEY L. HALL, Mayor APPROVED AS TO FORM: VIRGINIA GE NARO, City Attorney By ANDREW HEGLUN Deputy City Attorney 3 s m � b 09119118CCAGENDAPACKETPG 341 CERTIFICATE OF CITY CLERK 1, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 164-16 passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on September 28, 2016. ROBERTA GAFFORD,0C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield U 0 09/19/1 CC C T 342 EXHIBIT 1 o4 apKF�s -r Fn U � 09/19/1 CC AGENDA PACKET PG 343 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION PARCEL A: PARCEL 4 OF PARCEL MAP WAIVER 03-0902 AS PER CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 2003 AS DOCUMENT NO. 0203271046 OF OFFICIAL RECORDS, BEING A PORTION OF PARCEL A OF PARCEL MAP NO.4370,IN THE CITY OF BAKERSFIELD,COUNTY OF KERN,STATE OF CALIFORNIA,AS PER MAP RECORDED AUGUST 1, 1978 IN BOOK 21, PAGE 78 OF PARCEL MAPS,AND AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 5, 1979 IN BOOK 5144,PAGE 2422 OF OFFICIAL RECORDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON THE SOUTHERLY LINE OF SAID PARCEL"A"FROM WHICH POINTTHE MOST SOUTHERLY CORNER OF SAID PARCEL BEARS SOUTH 560 35' 35"WEST, 327.91 FEET;THENCE NORTH 331 30' 39"WEST, 27.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 22' 21" EAST, 103.22 FEET; THENCE NORTH 33° 25' 32"WEST, 102.54 FEET; THENCE SOUTH 56° 39' 22"WEST, 78.73 FEET; THENCE SOUTH 330 27' 51" EAST, 53.79 FEET; THENCE SOUTH 581 08' 17"WEST, 24.61 FEET; THENCE SOUTH 330 30' 39" EAST, 49.90 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL OIL, GAS, AND OTHER MINERALS,WITHIN OR UNDERLYING SAID LAND, OR THAT MAY BE PRODUCED AND SAVED THEREFROM,PROVIDING,HOWEVER,GRANTOR,HIS SUCCESSORS AND ASSIGNS, SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURFACE OF SAID LAND, BUT NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT THE GRANTOR, HIS SUCCESSORS AND ASSIGNS, FROM EXTRACTING OR CAPTURING SAID MINERALS BY DRILLING ON AD7ACENT OR NEIGHBORING LANDS AND/OR FROM CONDUCTING SUB-SURFACE DRILLING OPERATIONS UNDER SAID LANDS AT A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND,SO AS NOT TO DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED BY, KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORATION IN DEED RECORDED DECEMBER 29, 1967 IN BOOK 4116, PAGE 612 OF OFFICIAL RECORDS. PARCEL B: APPURTENANT NON-EXCLUSIVE EASEMENTS INCLUDING, WITHOUT LIMITATION, EASEMENTS FOR INGRESS, EGRESS, PARKING AND UTILITIES ON, OVER AND ACROSS THE COMMON AREA AND SUPPLEMENTAL COMMON AREA AND ALL OTHER RIGHTS AND INTEREST IN REAL PROPERTY AS SET FORTH IN AND CREATED BY THAT CERTAIN DECLARATION OF RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS AFFECTING LAND DATED DECEMBER 11, 2003 AND EXECUTED BY H-T ENTERPRISES V, A GENERAL PARTNERSHIP RECORDED DECEMBER 16, 2003,AS DOCUMENT NO. 0203271047 OF OFFICIAL RECORDS. APN: 020-600-04-00-2 o�gAKEr-�, s y` m }- r [] b ns�irinih� 09/19/1 CC C T 344 EXHIBIT 2 t m U p 09/19/1 CC AGENDA PACKET PG 345 DEPICTION OF FEE ACQUISITION 3 � � Lli cr "y % Y Il I � f I � � ] 7Z i 1�a i o``0A1[F�s �. m r- cJ o ORIGINAI 09/19/1 CC C T 346 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent- Property Acquisition Agreements - TRI P q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/7/2018 WARD: Ward 4 SUBJECT: West Beltway Project: 1. Agreement with Bolthouse Land Company, LLC ($1,174,740), for the purchase of future right-of-way located south of Stockdale Highway and north of the Cross Valley Canal. 2. Lease agreement with Bolthouse Land Company, LLC. STAFF RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: The City is proposing to purchase 16.782 net acres of land reserved for the future West Beltway/Westside Parkway from Bolthouse Land Company, LLC, for $1,174,740. The property is located south of Stockdale Highway and north of the Cross Valley Canal. Purchasing the property now alleviates the potential development of the subject property and the need to acquire fully improved land at a later date. The purchase price represents the property's fair market value as established by an independent appraisal prepared by Merriman, Hurst & Associates. In addition, Bolthouse is leasing the property back from the City to continue the existing farming operations until the surrounding properties develop or the freeway is built. This will save the City the cost to maintain vacant land for an extended period of time as was the case with the Westside Parkway. A Phase I Environmental Site Assessment Report has been prepared and the Community Development Department, Planning Division, completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. There are adequate funds currently budgeted in the Transportation Development Fund for the purchase of this property. 09/19/1 CC C T 347 ATTACHMENTS: Description Type D PUirchase/kgireeirneint /kgireeirneint D I ease Ngireeirneint /kgireeirneint 09119118CCAGENDAPACKETPG 348 AGREEMENT NO. CONTRACT TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation ("BUYER" herein), and BOLTHOUSE LAND COMPANY, LLC, a California Limited Liability Company ("SELLER" herein). RECITALS : WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for purchase by BUYER of The Property and improvements thereon described in Exhibit "A," and as shown on the drawing marked Exhibit "B," attached hereto and incorporated herein by this reference; and WHEREAS, it is the intent of the parties that the purchase price is to include any and all claims for compensation and/or payment arising from this acquisition, NOW, THEREFORE, incorporating the above recitals herein, BUYER and SELLER mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase The Property in accordance with all the covenants and conditions set forth in this Agreement. 2. PURCHASE PRICE. The purchase price of ONE MILLION ONE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED FORTY DOLLARS ($1 ,174,740) represents The Property's fair market value as established by an appraisal prepared by Merriman, Hurst & Associates. The amount set forth herein above includes any and all claims by SELLER for compensation arising from this transaction, including, but not limited to, any future claim for farming losses attributable to BUYER's commencement of contruction of the West Beltway, the Westside Parkway and/or the Beltway/Parkway Interchange, as provided below 2.1 Farming Lease Rights At the close of escrow, SELLER and BUYER shall enter into a farming lease permitting SELLER, its successors and assigns, including SELLER's subtenants, to use The Property for farming and related incidental uses for the term and on the terms and conditions PSA.20180828 -- Page 1 of 8 Pages -- 0 /1 /1 CC C T 349 set forth in the farming lease form which is attached hereto as Exhibit "C" (the "Farming Lease"). 3. ESCROW. 3.1 Escrow Holder The purchase and sale of The Property shall be consummated by means of an escrow to be opened at the office of Ticor Title Company, herein "Escrow Holder", located at 10000 Stockdale Highway, Suite 101 , Bakersfield, CA, 93311 . 3.2 Escrow Instructions Within twenty (20) working days of execution of this Agreement by all parties, each shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. SELLER and BUYER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. 4. BUYER'S CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. Each of these contingencies must be satisfied prior to any obligation of the BUYER to become effective. The failure to complete these contingencies within the time stated, or within any mutually-agreed extended time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages: 4.1 Material Change. No material change, as hereinafter defined, shall have occurred with respect to The Property which has not been approved in writing by BUYER. For purposes of this Agreement, a "material change" shall be a change in the status of the use, occupancy, tenants, or condition of The Property as reasonably expected by the BUYER that occurs after the date of this Agreement and prior to the close of escrow. BUYER shall have twenty (20) days following receipt of written notice from any source of any such material change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of escrow. PSA.20180828 -- Page 2 of 8 Pages -- 0 /1 /1 CC C T 350 4.2 Existing Leases and Tenancy Statements. SELLER represents that they will provide to Buyer a copy of any existing unrecorded leases, subleases, or rental arrangements (herein the "existing leases") and there will be no additional leases prior to the close of escrow other than the Farming Lease and any subleases permitted under the terms and conditions thereof, excepting those approved in writing by BUYER; 4.3 Site Assessment. A favorable environmental site assessment to be performed by BUYER at BUYER's expense. 4.4 Other Agreements. SELLER shall within ten (10) working days of the date of this Agreement provide BUYER with legible copies of all other agreements known to SELLER that will affect The Property after the closing; 4.5 Unrecorded Title Matters. SELLER has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, liens, charges, or other matters which affect the title of The Property that are not recorded in the Official Records of the Kern County Recorder, except as otherwise disclosed in writing to BUYER; 4.6 Possessory Rights. SELLER has no knowledge that anyone or any entity will, at the time of the closing, have any right to possession of The Property, except as disclosed by the SELLER in writing to BUYER, or as permitted by the Farming Lease. All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and may be elsewhere herein referred to as "BUYER's contingencies." 5. SELLER'S WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER which shall survive the closing for a period of one (1 ) year; 5.1 Authority of SELLER. SELLER warrants and represents that SELLER has the right and legal ability to transfer The Property to the BUYER as set forth in this Agreement; 5.2 Legal Proceedings. SELLER has no knowledge of any actions, lawsuits, or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect The Property or the right to occupy or utilize same; PSA.20180828 -- Page 3 of 8 Pages -- 0 /1 /1 CC C T 351 5.3 Bankruptcy Proceedings. SELLER is not the subject of a bankruptcy, insolvency, or probate proceeding and has no notice or knowledge that any tenant, lessee, or other person/entity possessing an interest in The Property is the subject of a bankruptcy or insolvency proceeding. 6. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER The Property free and clear of all recorded and unrecorded deeds of trust and other monetary liens. The amount of any bond or assessment which is a lien shall be paid by SELLER or otherwise removed by SELLER from title to The Property at or before the closing, subject to approval of the title report. SELLER shall execute a Grant Deed to convey The Property to BUYER and deliver same to Escrow Holder within fifteen (15) days of the opening of escrow. Any and all water rights accruing to The Property shall also be transferred to BUYER without reservation, except that the Grant Deed shall contain an express reservation reserving to SELLER any and all rights accruing to SELLER under the terms and conditions of that certain Land Exchange and Water Development Agreement No. 06-157 (the "Water Development Agreement") entered into as of June 7, 2006 by and between BUYER, SELLER, Castle & Cooke California, Inc. and the Kern County Water Agency ("KCWA"), including without limitation the rights accruing to SELLER under Section 3.4 of said agreement. Such express reservation shall provide as follows: "RESERVING TO GRANTOR, any and all rights accruing to Grantor under the terms and conditions of that certain Land Exchange and Water Development Agreement, Agreement No. 06-157 entered into as of June 7, 2006 by and between Grantor, Grantee, Castle & Cooke California, Inc. and the Kern County Water Agency, including without limitation the rights accruing to Grantor under Section 3.4 of said agreement." In addition, BUYER acknowledges that SELLER does not own any oil, gas or mineral rights in or to The Property, and the parties acknowledge and agree that the legal description attached to the Grant Deed shall exclude all oil, gas and mineral rights previously excepted and reserved of record. 7. CLOSING COSTS. BUYER shall be responsible for all normal and reasonable escrow fees, including the costs of title insurance. SELLER shall be responsible for the costs to clear title and all real property taxes and assessments accruing up to the close of escrow. SELLER shall fully pay the amount of any bond or assessment which is a lien upon The Property prior to the close of escrow. PSA.20180828 -- Page 4 of 8 Pages -- 0 /1 /1 CC C T 352 8. CLOSING DATE. Escrow shall close no later than ten (10) days after the satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties. In no event shall the escrow close more than sixty (60) days from execution of this Agreement by all parties, unless extended in writing, by mutual agreement of all parties. 9. POSSESSION OF SELLER'S PARCEL. SELLER agrees to give possession of The Property to BUYER on the date of close of escrow, subject to SELLER's rights under the Farming Lease. 10. 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. 11. 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. 12. TIME. Time is of the essence in this Agreement. 13. 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. 14. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 15. 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) (collectively, "Assignable Rights") may be assigned or transferred by any party without the prior written consent of the other party, which shall not be unreasonably withheld, except that SELLER shall have the right to assign this Agreement and any or all of SELLER's Assignable Rights and obligations thereunder without BUYER's prior written consent (effective upon written PSA.20180828 -- Page 5 of 8 Pages -- 0 /1 /1 CC C T 353 notice thereof given to BUYER) to any entity controlled by or under common control with SELLER. 16. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 17. 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. 18. 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. 19. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 20. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 21. NON-INTEREST. No officer or employee of BUYER shall hold any interest in this Agreement (California Government Code section 1090). 22. HAZARDOUS MATERIALS. SELLER knows of no hazardous material(s) stored, discharged, abandoned, dumped or in any way placed in, on, over, under or about The Property. SELLER knows of no activities, either public or private, wherein SELLER or a third party has placed, stored, discharged, abandoned or dumped any hazardous material of any nature, in, on, over, under or about The Property. 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the PSA.20180828 -- Page 6 of 8 Pages -- 09119118CCAGENDAPACKETPG 354 United States mail. The parties shall be addressed as follows or at any other address designated by notice: To BUYER: City of Bakersfield Attention: Donald M. Anderson 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 To: SELLER: Bolthouse Land Company, LLC Attention: Bruce Davis 11601 Bolthouse Drive, Suite 200 Bakersfield, CA 93311 24. LAND EXCHANGE PERMITTED. Notwithstanding anything to the contrary contained in this Agreement, SELLER may transfer The Property, and/or any additional property purchased by BUYER pursuant to the terms and conditions of Section 3 above, by means of one or more exchanges for like-kind property qualifying for tax-deferred treatment pursuant to Internal Revenue Code Section 1031 or 1033. If SELLER exercises such option, then BUYER shall cooperate in effecting a qualifying like-kind exchange through a trust or other means determined by SELLER, as long as SELLER bears all cost and expense in connection with such exchange and BUYER is not required to incur liability for or in connection with such exchange or enter the chain of title to any property other than The Property or the additional property purchased by BUYER, as applicable. The parties understand, acknowledge and agree that this provision may require that BUYER and/or SELLER execute and deliver such documents as shall be reasonably necessary or required to effect the exchange, and the need to instruct the Title Company to forward all or any portion of the closing funds and/or closing documents to SELLER'S exchange accommodator. Signatures on following page PSA.20180828 -- Page 7 of 8 Pages -- 0 /1 /1 CC C T 355 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "BUYER" "SELLER" CITY OF BAKERSFIELD BOLTHOUSE LAND COMPANY, LLC By: By: KAREN GOH ANTHONY LEGGIO Mayor President APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit "A" - Legal Description Exhibit "B" - Drawing Exhibit "C" - Form of Farming Lease PSA.20180828 -- Page 8 of 8 Pages -- 11 /1 CC C T 356 EXHIBIT"A" RIGHT-OF-WAY ACQUISITION LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 3, 4 AND 5 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED ON MARCH 7, 2017 IN BOOK 60 OF PARCEL MAPS, AT PAGES 153-157, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP No. 12062 PHASE 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 3, AS MONUMENTED BY A KERN COUNTY SURVEYOR CONCRETE MONUMENT IN LAMPHOLE, REPLACED NOVEMBER 1961 PER RECORD OF SURVEY FILED AUGUST 28, 1992 IN BOOK 17 OF RECORDS OF SURVEY, AT PAGE 97, IN THE OFFICE OF THE KERN COUNTY SURVEYOR, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION OF HEATH ROAD AND STOCKDALE HIGHWAY AS SHOWN ON SAID PARCEL MAP No. 12062 PHASE 2; THENCE SOUTH 89027'57" EAST, ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING ELEVEN (11) COURSES: 1) CONTINUING SOUTH 89°27'57" EAST, ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 675.99 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, AS MONUMENTED BY A 6" CONCRETE MONUMENT WITH BRASS CAP MARKED"RCE 33448"PER PARCEL MAP No. 12062 PHASE 1 FILED ON FEBRUARY 22, 2016 IN BOOK 60 OF PARCEL MAPS, AT PAGES 76-78 IN THE OFFICE OF THE KERN COUNTY RECORDER;THENCE 2) DEPARTING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, SOUTH 43011'16" WEST, AND CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, A DISTANCE OF 1233.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5000.00 FEET, AS MONUMENTED BY A 2- INCH IRON PIPE WITH 2"x2" REDWOOD HUB AND TAG MARKED "RCE 33448" PER SAID PARCEL MAP No. 12062 PHASE 1;THENCE 3) SOUTHWESTERLY ALONG THE CURVED BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THROUGH A CENTRAL ANGLE OF 22°57'08", AN ARC LENGTH OF 2002.96 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE WITH 2'x2" REDWOOD HUB AND TAG MARKED"RCE 33448"PER SAID PARCEL MAP No. 12062 PHASE 1;THENCE 4) CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, SOUTH 43°21'13" EAST, A DISTANCE OF 111.24 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE WITH 2'x2" REDWOOD HUB AND TAG MARKED "RCE 33448" PER SAID PARCEL MAP No. 12062 PHASE 1, SAID ANGLE POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5105.00 FEET, A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 24016'36" EAST; THENCE 5) SOUTHWESTERLY ALONG THE CURVED BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THROUGH A CENTRAL ANGLE OF 2104535"1 AN ARC LENGTH OF 1938.77 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE MARKED"RCE 33448"PER SAID PARCEL MAP No. 12062 PHASE 2; THENCE 6) CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, NORTH 00016'02"EAST, A DISTANCE OF 210.26 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4895.00 FEET,A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 02038'11"EAST;THENCE 7) DEPARTING THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, NORTHEASTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 44010'33", AN ARC LENGTH OF 3774.11 FEET;THENCE KM>U:(Stockdale RanchlFreewaysjPhase-2-RWsIFxhibit-A.01.docx Page 1 oft 09/19/1 CC C T 357 EXHIBIT 7r~RIG*T+OFwm,ACQUISITION LEGAL DESCRIPTION N NORTH 43011'16"EAST,A DISTANCE F357.24 FEET;THENCE 9) NORTH 3805645"EAST,ADISTANCE 0F615.26 FEET;THENCE 18) NORTH 84"Uh23^WEST, ADISTANCE OF38O.91FEET TOTHE SOUTHERLY RIGHT-OF- WAY OF STOCKDALE HIGHWAY PER STREET RIGHT-OF-WAY DEDICATION TO THE COUNTY OF KERN RECORDED ON ]UNE 21, 1993 IN BOOK 6864, PAGE 1759, OF OFFICIAL RECORDS INTHE OFFICE OFTHE KERN COUNTY RECORDER; THENCE 11) NORTH 08°32'03^ EAST, A DISTANCE OF 55.00 FEET TO THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2,THE NORTH UNE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OFSTOCKDALE HIGHWAY, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 17.844GROSS ACRES (16.782NET ACRES), MORE O% LESS. Portions ofKern County Assessor Parcel No.ss*-ozz-oz'-os.-o4&'ns� END OFLEGAL DESCRIPTION ' '- . \ � \ � x*,�|socym1emmm/,res**s|PhaSe-2*wy|amu5i�.0l.docx Page Ofr 09119118CCAGENDAPACKETPG 358 EXHIBIT "B" 81� N ct) rn m 0 7673 J>1 ic WEGIS AVENUE G L /�, oz NORTH-SOUTH MID-SECTIO LINE > C7 w n m cf) rl w 70 rn m m m m m 0 o m m m m k, M -0 -u -0-0 7 J)0,W5 >>>> If m m m m J) co _.j m cyl -n -n -n -n OII 00007 m 90' EOZ M> Q z M!7 0 ;:u 4 zbr 2 r-- Mz Mz 0> m L� 201 M 0 M o G)m m m ��4"5 z m z z C-) m� C o P, < E� ol F> m rn rn 00 m r- T > r- > C-) > M, c, mo > 's -m m M� m 7o r m m c'), z 0 HEATH ROAD 0 m m z N00'20"I 2613.05' m 60 G) CN m �p z m 25' m 11A G>l M 30, r > m O Cf) m 17,9 7 r°oz 77 m -0 1 >0 4,5'1 M v)CDof G7 m 0i cf) r1ict) R m -0 U) DO mm > cf) 0 0 > z m C) G 1; ml> N) M Fn C7 ria > ro -)3 J, Ln p I\,Ffi L23 L27 00 L22 Z8 - , N,) WEST BELTWAY IS co Ln 6 1 148.3m II y 1528. _-S00'35'45"W 2676.91' 0I F J� ir.� \ \ �,W... / or -71,L PAGE 1 OF 8 R/W ACQUISITION MAP DRAWN BY; K. MacNeill SCALE: 1" = 600' DATE: 0, 300' 600' WESTSIDE PARKWAY 07/20/2018 WITHIN PM 12062 PH 2 ACAD FILE: I Ph-2-Freeway-RWs.01 09119118CCAGENDAPACKETPG 359 EXHIBIT "B" ti (5, 25 o 17 .0 'L26 5 c as 30' A, 30' 7 x 55' OC, '77 s6 co �7, m, 1\ '��, �N) O 55' Cas b :0 p �0 mem rn —0m )- �G'1) lz�, rn rn z 4. m m m m 0 m m m m-.1 m C)C)'n --4 > > > >0-0 -0 -0 m G)0 G)G) r Nti wi A ii m m m m ON N) Cf) oo j M(.71 oo -n -n -n-n 0000 Z v) z m r- < -Z > Z 0 m ZC)U)M --i (Z m- .,Lo, 0 mz >0 0 8co u :e m Dr �rn 3rrn m 0 C n m > m .1 rn Z, G)G,)C) r- -Tj-r7 R -n a mz z C,: m 0 0;c;.o -p- < 17, 'C' > m "o 1r,3r > Qz� Z, g P) m --i r Q� 0� - -0 m > > > co o' m n m c�bba0\\ 3 M r- m m m m > N, rTi z 0 .N00-35 '45"E mw m z 1929-53'- r- m 778.57' 0 NOO'35'45"E 690.70' L17 -m z PARCEL T" rm WEST/ BELTWAY PARCEL MERGER No. 16-0182 " CD ti RECORDED 0910212016 DOC.NO.0216120378,O.R. 594.71' 7 833.02' L118 TRACT 7240 PHASE 5 S00*35'45"W 2676.91- MB 62,PGS 121-125 4, a T -1------F--- F-1- Y) cn7 LA PAGE 2 OF 8 a 573 E 12/31/19 R/W ACQUISITION MAP DRAWN BY: K. MacNeill S", P WESTSIDE PARKWAY DATE: 07/20/2018 AD WITHIN PM 12062 PH 2 ACPh-2-FILE:Freeway-RWs.01 09119118CCAGENDAPACKETPG 360 EXHIBIT "B" PARCEL 1 N PM 12062 PH 2 RIGHT-OF-WAY f PM BK 60,PGS 153-157 ^ ACQUISITION AREA G G� 17.844 GROSS ACRES (16.782 NET ACRES) h N 3�. G Gti .C77.� G G� PARCEL 2,PM 12232 PM BK 60,PGS 192-200 �l\ �O r 032 �� r I 0 i �b G �� 70 Q,^ <g N G r( G� ✓ Q S9b� ,Cg „ N 6 2 O �Q PARCEL 3 � r �A L6Jw PM 12062 PH 2 0. 5� �P d A,Q`~`. S60°S 2840 2j00 PM BK 60 4� Q� G� 90) 0' Q G PGS 153-157 r' h ' rp's- Q ��h �0 , CRh \4� C `� 7\ GSL 99r . c� STp , Cg�CFf/�qz PARCEL 5,PM 12232 G��o O)\,) O� PM BK 60,PGS 192-200 23 „ RgNC PP�� V'0''`q' N' V ooG�e DETAIL "B" -NOT TO SCALE i f PARCEL"D" 15/ PARCEL MERGER 14 No. 16-0182 00 113- RECORDED PARCEL 1,PM 12232 Cn 0910212016 TRACT 7240 PHASE 5 PM BK 60,PGS 192-200 DOC.No. MB 62,PGS 121-125 0 0216120378,O.R. r v v W v 210' 13 p rn �� N M - LE DRIVE z -- RPNGN - _ r�c- $?OCKDA _N7(3-2-0'45 _. 6 57 :C C16 = 2'3 E 441.73' _ =-- �" N79°204`5" _ 11 - n 214. 227 62' CV N21 782p45"E 43278'..0, 50 ._ LO Q� - _ v w n TRACT 7240 PHASE 2 111y v n W o o MB 60,PGS 185-189 PARCEL 3,PM 12232 o h PM BK 60,PGS 192-200 zZ Wco 45 DETAIL"C"-- NOT TO SCALE (FOR INFORMATION ONLY) �`S NOTE: SEE PAGE 5 FOR LINE,RADIAL&CURVE DATA TABLES. LAW) SEE PAGE 6 FOR EASEMENT LEGEND. r/ SEE PAGE 7 FOR MONUMENT LEGEND,AND PARCEL LEGEND. SEE PAGE 8 FOR SYMBOL LEGEND&OIL WELL REFERENCE LEGEND. PAGE 3 OF 8 1-)/:',1/19 R/W ACQUISITION MAP DRAWN BY: K. MacNeill �F �"F<<:>�� WESTSIDE PARKWAY °ArE' 07/202018 WITHIN PM 12062 PH 2 AC p°2IFreeWay_RW5.01 09/19/1 CC C T 361 EXHIBIT N,4 COR 11B11 SE I I C 4, Z101 PARCEL 5 30/26, MDB&M PM 12062 PH 2 PM BK 60,PGS 153-157 0) R31 o6 C26 _R2-1-11 C39 C40 C43 C28 NRIGHT-OF-WAY REMAINDER OF PARCEL 1 [,- ;r ACQUISITION AREA 17.844 GROSS ACRES < PARCEL MERGER No. 14-0200 Ln LO RECORDED 0811112014 z (18.782 NET ACRES) DOC,NO,0214093988,O.R. N3 R30 I- C38 C37 C42 41 C nz Tl� cli -D�;, C) It CENTER SEC 4, �2 �o -,Lj u� 30/26, MDB&M 0; z rn C-, �:, E/W MID-SEC LIME 0 9.8 1 1 0' C36 k2_ Ln C35 - C24 C1--- 3511' NOO'52'46"E 453.06' - 2646.67L--�-- 15.00' N89'07'16"W 3099.73' PARCEL 6 A 1 00 PARCEL MAP No. 12232 F.I PM BK 60,PGS 192-200 C? P 5:) S/4 COR SEC 4, IN 30/26, MDB&M k "col� Iz DETAIL "ID" NOT TO SCALE NW COR, SEC. 3 & ME COR. SEC. 4,-/ 30/26, MDB&M PARCEL 5 w tPARCEL MAP No. 12232 Z z PM BK 60,PGS 192-200 U CN U �, w CTR. SEC. 4, w 0 V) CTR. SEC. 3, 30/26, MDB&M z 30/26, MDB&M E/W MID-SEC LINE IN89'00, E W MID-SEC LINE N89'07'16"W 2647.19' 89 00, 5"W 2636.75' Z" W./4 ./4 COR, SEC. 3 &E.j rim /4 , /4 CCR. SEC. 4 N89'00'25"W 0.46' 30/26, MDB&M 2646.67' - 2146.32'-4-- N89'07'16"W 3099.73- N89'00'25"W 2356.78L�-- I w p t0 p SW COR. SEC. 3 & CD N SE COR. SEC. 4, Z 30/26, MDB&M_\�I DETAIL"E"- NOT TO SCALE (FOR INFORMATION ONLY) NOTE: SEE PAGE 5 FOR LINE,RADIAL&CURVE DATA TABLES, LANE SEE PAGE 6 FOR EASEMENT LEGEND. Ey SEE PAGE 7 FOR MONUMENT LEGEND,AND PARCEL LEGEND. SEE PAGE 8 FOR SYMBOL LEGEND&OIL WELL REFERENCE LEGEND. PAGE 4 OF 8 Jo. F�p R/W ACQUISITION MAP DRAWN BY; K. MacNeill WESTSIDE PARKWAY DATE: 07/20/2018 or WITHIN PM 12062 PH 2 ACAD F2-ILE: Ph- Freeway-RWs.01 09119118CCAGENDAPACKETPG 362 EXHIBIT "B" LINE, RADIAL & CURVE DATA TABLES LINE TABLE RADIALS CURVE TABLE LINE DIRECTION DISTANCE RADIALDIRECTION CURVE RADIUS LENGTH TANGENT DELTA Ll N00'52'46"E 15.00* R1 S00*52'44"W ci 5105.00' 1938.77' 98t21' 021'45'35" L2 S43'21'13"E 111.24' R2 S24'16'36"E C2 5105.00' 1560.30' 786.28' 017'30*43" L3 S60'59'07"E 244.00' R3 S23'51'36*'E C3 5105,00' 447.60' 223.94' 005001'25" L4 N79'20'45"E 227.62' R4 S41'20'20"E C4 5105.00' 3801.62' 1993,81' 042040'02" L5 N79'20'45"E 214.11' R5 S46'48'44"E C5 5000.00' 768.64' 017*28'44" L6 S60'59'07"E 10.13' R6 N25°43'17"E C6 5000,00, 477.63' 239.00' 005'28'24" L7 S60'59'07"E 26.03' R7 N29'00'53"E C7 5000.00' 2002.96' 1015.09' 022'57'08" L8 S60"59'07"E 41.47' R8 S29*00'53"VV C8 2000,00' 1384.71' 721.40' 1 039°40-08" L9 N00'35'45"E 45.88' R9 S1 0"39'1 5"E C9 1455,00' 103.00' 51.52' 004'03'21" L10 N00'3545"E 45.88' R10 N24'57'32"E clo 1500,00, 86.22' 43.12' 003'17*36" 111 S00'35*45"VV 45.88' R11 N26'24'59"E C11 1545.00' 70.07' 3504' 002*35'54" L12 S00'35'45"VV 45.88' R12 S40'46'34"E C12 5000.00, 49.11' 24.55' 000'33'46" L13 S89'27'57"E 142,77' R13 S41'53'47"E C13 5000.00, 48.64' 24.32' 000'33'27" L14 S89*27'57"E 210.00' R14 S41'15'10"E C14 5105.00' 47.73' 23.86' 000'32'08" L15 N43'1 11 6"E 74.78* R15 S41'47'19"E C15 5105.00, 47.57' 23.79' 000'32'02" L16 N43'1 11 TE 74,78' R16 S42'1 9'21"E C16 1955.00' 1353.55' 705.17' 039'40'08" L17 N00'35'45"E 55.00' R17 S46'48'44"E C17 2045.00' 1415,86' 737.64' 039*40'08" L18 S00'35*45"VV 55,00' R18 N43'09'31 IN C18 5105,00* 2007,90' 1017.10' 022032'08" L19 S43'1 1'1 6"W 441.83' R19 N78'56'1 FE C19 440.00' 937.63' 795.35' 122'05'46" L20 S52"13'27"W 501,17' R20 S02'31'01"E C20 5105.00' 1512.57' 761.87' 016'58'35" L21 N11°03'45"W 176,80' R21 S02038"1 1"E C21 5000.00' 1476.22' 743.52' 016'54'58" L22 N00'35'45"E 824,45' R22 S40'45'37"E C22 5105.00' 400.03' 200,12' 004'29'23'* L23 N00'35*45"E 1105,07' R23 N21'1 6'43"E C23 1 5000.00' 428,99' 1 214.62' 004'54'57" L24 N55'1 V 3"W 253.56' R24 N20019'18"E C24 5105-00' 302.55' 151,32' 003'23'44" L25 N68'45'08"W 226A0' R25 $40*09'34"E C25 4895,00' 3774.11' 1986.45' 044'10'33" L26 N00'32'03"E 55,00' R26 N22'09'00"E C26 4895,00' 3257.07' 1691.40' 038'07'26" L27 N00'35'45"E 1929.53' R27 S41"21'09"E C27 4895.00' 517.04' 258.76' 006'03'07" L28 N68*45'08"W 113.20' R28 S02*34'31"E C28 4895.00' 3205,75' 1662.73' 037'31'23" L29 N68-45-08"W 113.20' R29 SO4'1 2'31"E C29 4895.00' 51.32' 25.66' 000036'03"- L30 N00'16'02"E 210.26' R30 SO4'1 8'1 0"E C30 4895.00' 50,61' 25.30' 000*3632" L31 N43'1 1'1 6"E 357,24' R31 SO4'24'04"E C31 4895.00' 466.43' 233.39' 005*27'35" L32 N38*56'45"E 615,26' C32 1455.00' 117,76' 58.91' 004*38'14" L33 N84'06'23*'W 388.91' C33 1500.00' 116.31' 58.19' 004*26'34" L34 S43'1 I'l 6"VV 74.78' C34 1 1545.00' 115.04' 57.55' 004"15'59'* L35 S89'27'57"E 482,55' C35 5105.00' 150,73' 75.37' 001'41'30" L36 S89-27-57"E 142.77- C36 5105.00' 1788.04' 903.27' 020'04'05" C37 5000.00' 15075' 75.38' 001'43'39" C38 5000,00' 1706,68' 861.72' 019'33'25" C39 4895.00' 150.76' 75,39' 001'45'53" C40 4895.00' 3054.99' 1579.08' 035'45'31" C41 5000.00' 1857.43' 939.54' 021'17'04" LAND C42 5000.00' 301.43' 150.76' 003'27'15" C43 4895.00' 300.32' 150.21' 003'30'55" PAGE 5 OF 8 7573 DPAWN BY: R /W ACQUISITION MAP K. MacNeill WEESTSIDEL PARKWAY DATE: 07/20/2018 WITHIN PM 12062 PH 2 AAD IF FE: Ph-2-Freeway-RWs.01 09/19/18 CC A GENDA PA C PG 363 EXHIBIT "B" EASEMENT LEGEND OPUBLIC HIGHWAY EASEMENT IN FAVOR OF THE COUNTY OF KERN PER ORDER OF THE BOARD OF SUPERVISORS OF KERN COUNTY MADE ON JUNE 30, 1930, AND ENTERED IN VOLUME 30, PAGE 416, OF MINUTE BOOKS. O70-FT WIDE PIPELINE LICENSE AGREEMENT TO STANDARD OIL COMPANY OF CALIFORNIA, RECORDED JUNE 23, 7,944 IN BOOK 1202, PAGE 75, O.R. 75-FT WIDE GAS PIPELINE EASEMENT TO PG&E, RECORDED FEBRUARY 27, 1964, IN BOOK 3697, PAGE 666, O.R. 20-FT WIDE PERMANENT EASEMENT FOR ROAD ACCESS PURPOSES IN FAVOR OF KERN COUNTY WATER AGENCY v PER FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 7, 1987, IN BOOK 5427, PAGE 1531, O.R. CENTERLINE OF A PG&E POLE LINE EASEMENT RECORDED AUGUST 20, 1984, IN BOOK 5686, PAGE 1877, O.R. (WIDTH NOT SPECIFIED) O25-FT WIDE IRREVOCABLE OFFER OF DEDICATION FOR ACCESS ROAD PURPOSES IN FAVOR OF THE COUNTY OF KERN, RECORDED JUNE 21, 1993, IN BOOK 6864, PAGE 1759, O.R. OAN UNRECORDED PIPELINE LICENSE AGREEMENT DATED OCTOBER 24, 1968 BETWEEN KERN COUNTY LAND COMPANY AND SUDMEIER ENTERPRISES. AN UNRECORDED LICENSE DATED JULY 29, 1974 BETWEEN TENNECO WEST AND PG&E COMPANY, AS EVIDENCED OBY A LETTER AGREEMENT SAID LICENSE IS FOR POLES, PIPES, AND UNDERGROUND CONDUIT, AS SHOWN ON RIGHT-OF-WAY MAP No. 3637, DATED JULY 23, 1974. AN UNRECORDED LICENSE DATED NOVEMBER 27, 1977 BETWEEN TENNECO WEST AND PG&E COMPANY, AS 0 EVIDENCED BY A LETTER AGREEMENT, SAID LICENSE IS FOR POLES, PIPES AND UNDERGROUND CONDUIT AS SHOWN ON RIGHT-OF-WAY MAP No. 5041, DATED NOVEMBER 15, 7977. 10 50-FT WIDE GAS PIPELINE EASEMENT IN FAVOR OF PG&E RECORDED JANUARY 21, 2010 AS DOCUMENT No, 0210008590, O.R. 11 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER PM 12062 PH 1, PM BK 60, PGS 76-79 210-FT WIDE SPECIFIC PLAN LINE RESERVATION FOR THE KERN RIVER FREEWAY ALIGNMENT, NOW REFERRED TO 12 AS THE WESTSIOE PARKWAY, PER RESOLUTION No. 738-91 ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON JULY 17, 1991. \211 210-FT WIDE SPECIFIC PLAN LINE RESERVATION FOR THE WEST BELTWAY ALIGNMENT, PER RESOLUTION Nos, 043-04 AND 044-04 ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON FEBRUARY 25, 2004. 14 50-FT SETBACK TO HABITABLE STRUCTURE AS DISCLOSED IN COVENANT RECORDED ON FEBRUARY 22, 2016, AS DOC. No. 0216021350, O.R., AND AS SHOWN ON PM 12062 PH 1, PM BK 60, PGS 75-79. - STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD RECORDED ON JUNE 72, 2014 AS DOC. No. 0214066703, O.R. 16 LANDSCAPE, SIDEWALK & PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD RECORDED ON AUGUST 8, 2014 AS DOC. No. 0214093268, O.R. 17 LANDSCAPE WALL AND PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD PER DEDICATION ON TRACT MAP No. 7240 PHASE 2, MB 60, PGS 185-189. 18 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER TR 5875 PH 2, MB 45, PGS 39-40 19 SPECIFIC PLAN LINE RESERVATION FOR THE WEST BELTWAY & WESTSIDE PARKWAY INTERCHANGE, PER RESOLUTION No. 263-04(7) ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON APRIL 19, 2017 20 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER PM 72062 PH 2, PM BK 60, PGS 153-157 21 PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD PER PM 72052 PH 2, PM BK 60, PGS 153-157 22 5-FT WIDE POLE LINE EASEMENT TO PG&E RECORDED ON JULY 7, 2017 AS DOC. No. 0217087476, O.R. 23 VARIABLE-WIDTH STREET R/W DEDICATION TO CITY OF BAKERSFIELD PER PM 12232, BK 60, PGS 192-200 24 RUE, SIDEWALK & LANDSCAPE EASEMENT TO CITY OF BAKERSFIELD PER PM 72232, BK 60, PGS 192-200 25 PUE, TRAIL & LANDSCAPE EASEMENT TO CITY OF BAKERSFIELD PER PM 12232, BK 50, PGS 192-200 26 SIDEWALK, LANDSCAPE AND PUBLIC UTILITES EASEMENT TO CITY OF BAKERSFIELD RECORDED ON DECEMBER 6, 2017 AS DOC. No. 0277165645, 0.R. L,AN0 PAGE 6OF8 W. 757'i xp2/� r\//D ACQUISITION MAP DRAWN BY. K.MacNeill WESTSIDE PARKWAY DATE: 07/20/2018 WITHIN PM 12062 PH 2 ACpd2IF Freeway-RWs.01 09/19/18 CC A GENDA PA CKET PG 364 EXHIBIT "B" MONUMENT LEGEND @ N14 COR SEC 4, 30126, KCS MON W1 BRASS CAP IN LH PER KCS FILED MAP No. 7-1, BK 5, PC 200 NW COP SEC J, 30126, KCS CONC MON IN LH REPLACED NOV 1951 PER ROS FILED AUGUST 28, 1992 IN ROS BK 17, PC 97, /N THE OFFICE OF THE KERN COUNTY SURVEYOR. N14 CDR SEC J, 30126, KCS CONC MON IN LH REPLACED NOV 1961 PER ROS FILED AUGUST 28 1992 IN ROS BK 17 PC 97, IN THE OFFICE OF THE KERN COUNTY SURVEYOR, 6"CONC MON W1 BRASS CAP MKD 'RCE 33448-PER PM 12062 PH 1, Pm BK 60, PGS 76-78. 2"IP W1 2"X2"RWD HUB & TAG MKD 'RCE 33448"PER PM 72062 PH 7, PM BK 60, PGS 76-78. 0 REBAR& CAP MKD 'RCE 33448"PER PM 12062 PH 1, Py BK 60, PGS 76-78, REBAR & CAP MKD IS 4383"PER ROS FILED AUGUST 28, 1992 IN ROS BK 17 PC 97 IN THE OFFICE OF THE KERN COUNTY RECORDER. O SE COR SEC 4, 30126, B.C. MKD "RE 3564"PER ROS FILED AUGUST 28, 7992 IN ROS BK 17, PC 97 IN THE OFFICE OF THE KERN COUNTY RECORDER, S14 COR SEC 4, CALTRANS CONC MON W1 2-112" BRASS CAP MKO IS 545j" PER CORNER RECORD No. 20-2609-4 FILED OCTOBER 17, 2002 IN THE OFFICE OF THE KERN COUNTY SURVEYOR. X 2"IRON PIPE MKO 'RCE 33448-PER PM 72232, PM BK 60, PGS 192-200 0 6"CONC. MON W1 2"BRASS CAP MKD "RCE 33448"PER PM 12232, PM BK 60, PGS 192-200. El 2"IRON PIPE MKD 'RCE 33448-PER PM 12062 PH 2, PM BK 60, PGS 153-757. PARCEL LEGEND TRACT MAP No. 7240 PHASE 5, PER MAP FILED ON APRIL 13, 2078, IN MB 52, PGS 121-125 CROSS VALLEY CANAL (FEE PARCEL) PER FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531, O.R. CROSS VALLEY CANAL (FEE PARCEL) PER DEEDS RECORDED AUGUST 30, 2007 AS DOCUMENT No. 0207780759, OR, AND MAY 78, 2015 AS DOCUMENT No, 0215062306, O.R. 4 TRACT MAP No. 7240 PHASE 1, PER MAP FILED JUNE 16, 2015 IN MB 60, PGS 780-184. 5 TRACT MAP No. 7240 PHASE 2, PER MAP FILED JUNE 16, 2015 IN MH 60, PGS 185-189, 6 TRACT MAP No. 6.300, PER MAP FILED FEBRUARY 6, 2007 IN M8 57, PGS 33-35 7 GRANT DEED PER DOC. No. 0207090189, O.R. O TRACT MAP No. 5875 PHASE 2, PER MAP FILED ON AUGUST 27 7999 IN MB 45, PGS 39-40 OCITY OF BAKERSFIELD FEE PARCEL PER FINAL ORDER OF CONDEMNATION RECORDED ON AUGUST 11, 2006 AS DOC. No. 0205797579, O.R. 9 PARCEL I OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN PM BK 60, PGS 153-157 8 PARCEL 2 OF PARCEL MAP No. 12062 PHASE Z PER MAP FILED 03I0712017 IN PM BK 60, PGS 153-157 9 PARCEL J OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN Pm BK 60, PGS 153-157 13 PARCEL 4 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712077 IN PM BK 60, PGS 753-157 14 PARCEL 5 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN Pm 8K 60, PCs 753-757 15 TRACT MAP No. 7240 PHASE J, PER MAP FILED JANUARY 31, 2017 IN MB 62, PGS 75-78. 16 PARCEL "C" OF PARCEL MERGER No. 16-0782 PER CERTIFICATE OF MERGER RECORDED ON SEPTEMBER Z 2016 AS DOCUMENT No, 0216120378, O.R. (17) PARCEL "0" OF PARCEL MERGER No. 16-0782 PER CERTIFICATE OF MERGER RECORDED ON SEPTEMBER Z 2016 AS DOCUMENT No. 0216720J78, O.P. 18 PARCEL "A" OF PARCEL MAP No. 72232, PER MAP FILED 10103I2077 IN PM BK 60, POS 192-200 19 PARCEL 7 OF PARCEL MAP No. 72232, PER MAP FILED 7010312017 IN PM BK 60, PGS 792-200 PARCEL 2 OF PARCEL MAP No, 12232, PER MAP FILED 1010312017 IN Pm BK 60, PGS 192-200 21 PARCEL J OF PARCEL MAP No. 12232, PER MAP FILED 1010312017 IN PM BK 60, PGS 192-200 22 PARCEL 4 OF PARCEL MAP No. 72232, PER MAP FILED 70/03/2017 IN PM BK 60, PGS 792-200 23 PARCEL 5 OF PARCEL MAP Na 12232, PER MAP FILED 10103I2017 IN PM BK 60, PGS 792-200 24 PARCEL 6 OF PARCEL MAP No. 12232, PER MAP FILED 1010312017 IN PM BK 60, PGS 792-200 L1111) PAGE 7 OF 8 F, 12,1311 11 R/W ACQUISITION MAP DRAWN BY: K. MacNeill SJWESTSIDE PARKWAY DATE: 07/20/2018 OF WITHIN PM 12062 PH 2 ACAD FILE: Ph-2-Freeway-RWs.01 ®9/19/1 8 CC A GENDA PA C PG 365 EXHIBIT "B" SYMBOL LEGEND P" PARCEL MAP PUS PUBLIC UTILITIES EASEMENT OR OFFICIAL RECORDS POE POINT OF BEGINNING POO POINT OF COMMENCEMENT NOS KERN COUNTY SURVEYOR ROD RECORD OF SURVEY IH LAMPHOLE COB CITY OF BAKERSFIELD (D PARCEL IDENTIFICATION NUMBER Q EASEMENT IDEN TITICA TION NUMBER 36k)) OIL WELL IDEN TIFICA TION NUMBER EXISTING OIL WELL ANDIOR WATER WELL, AS DESCRIBED OIL WELL REFERENCE LEGEND 26kll)) KCL 42A-4, SANTA FE MINERALS, INC., ABANDONED 7217217961 3 KCL–G 7, MILLER & YORK OIL OPERATIONS, ABANDONED 02123I7951 4 TENNECO 54X-4, MCFARLANO ENERGY INC., ABANDONED 0112311987 5((W)) KCL–G 2, CONTINENTAL OIL CO., ABANDONED 0210811945 6 KCL 57X-4, ARCO WESTERN ENERGY, ABANDONED 0111311969 7(6j) KERNCO 31-3, UNION OIL COMPANY OF CALIF., ABANDONED 0711711997 oA PAGE 8 OF 8 No. 7,'--,7 3 L,p, 12/,31/19 R /W ACQUISITION MAP DRAWN BY K. MacNeill rE WESTSIDE PARKWAY 07/20/2018 Of� cm-\O�" DATE: WITHIN PM 12062 PH 2 ACAD FILE: Ph-2-Freeway-RWs.01 09119118CCAGENDAPACKETPG 366 Map Check Report Client: Prepared by: City ol'Bakersfield Kathryn F.MacNeill,PLS 7573 Property Manager's Office BoltlIOLISC Properties,LLC SRR Freeway R/W Acquisition 11601 Bolth0Usc Dr.,Ste 200,Bakersfield,CA 93311 Date:07/20/2018 Parcel Name: SRR FREEWAY R/W ACQUISITION-GROSS AREA Description: PORTION OF FREEWAY WITHIN PM 12062 PH 2 Process segment order counterclockwise: False Linable map check across chord:True Segment 9l : Line Course:S89'27'56.841,' Length:675.9910' North:-3486,0552' 1�'ast:5931.7896' Sel,uncrit 92 : Line Course: S43'1 1'16.16"W Length: 1233.6519' North:-4385.5282' Fast:5087.4879' Segment 93 : Curve C7 Lcru,tli:2002.9636' Radius: 5000.0000' Delta:022'57'08" Tangent: 1015.09301 Chord: 1989.5978' Course: S54'39'50.25"W Course In:N46'48'43.84"W Course Out: S23'5 1'35,66"E R11 North:-963.5674' East: 1441.9174' End North:-5536.2536' East:3464,4259' Segment 94 : Line L2 I Course:S43'2 VI 3,00"E I.,en-th: 111.2416' North:-56x17.1408' East:3540.7931' Segment#5 : Curve Cl Length: 1938.7665' Radius:5105.0000' Delta:021'45'35" Tangent:981.2051' T Chord: 1927.1362' Course: S76'36'1 1.85"W Course In:N24'16'35.56"W Course Out: S02'3 l'OO.73 E R11 North:-963.5675' East: 1441.9172' End North:-6063 6429' East: 1666.0959' Segment#6 : Line L30 Course:N00'16'02.25"E Length:210,2588' North:-5853.3864' Fast: 1667.0767' Scoment 97 : CL1rV0 C25 Length:3774.1065' Radius:4895.0000' Delta:044'10'33" Tangent: 1986.4476' Chord:3681.3172' Course:N65'16'32.53"E Course In:NO2'38'1 1.09"W Course Out: S46'48'43.84"E RI)North:-963.5675' East: 1441.9172' End North:-4313.6670' East:5010.9309' Segment 98 : Line 1_31 I Course:N43°11'16.16",? Length:357.2428' North:-4053.1962' East:5255.4250' Segment 99 : Line L32 Course:N38'56'45.38"E Length:615.2600' North:-3574,6843' East:5642.1694' Not-Ili:-3574.6843' East:5642.1695' Segment 410 : Line 1,33 Course:N84'06'22.84"W Length:388.9100' North:-3534.7501' East:5255.3152' KM>U-15tockdale Ranch iFreewaysIP17ase-2-RWsiClosures-SRR-Ph2Freeway-2018-07-20,olocx Page 1 of 3 09/19/18 CCAGENDA PACKETPG 367 Stockdale River Ranch Freeway Right-of-Way Acquisition Map Check Report Segment#1 1 : Line L,26 Course:N00°32'03.16"E Length:55.0000' North:-3479.7525' East:5255.8280' Perimeter: 11363.3928' Area:777304.69 Sq.Ft. Error Closure: 0.0001 Course:N57°59'15.82"W Error North: 0.00004 East:-0.00007 Precision 1: 112456073.0000 GROSS AREA OF FREEWAY RIGHT-OF-WAY ACQUISITION: 17.844 GROSS ACRES Parcel Name: SRR FREEWAY R/W ACQUISITION-NET AREA Description: Gross Area,Excepting Therefrom Dedicated Rights-of-Way on Stockdale Highway and Stockdale Ranch Drive Process segment order counterclockwise:False Enable map check across chord:"Prue NET AREA 1:Between Stockdale Hi<*hway and Stockdale Ranch Drive Segment#l : Line Course:S89°27'56.84"E Length:625.3209' North:-3540.5803' East:9765.1334' Segrnent 42 : Line Course:S43°I1'16.16"W Length: 1158.8691' North:-4385.5281' East:8972.0125' Segment#3 : Curve C23 Length:428.9864' Radius:5000.0000' Delta:004°54'57" Tangent:214.6249' Chord:428.8549' Course: S45°38'44.64"W Course in:N46°48'43.84"W Course Out: S41°53'46.88"E RP North:-963.5674' East:5326.4420' End North:-4685.3375' East:8665.3680' Segment#4 : Curve C34 Length: 115.0448' Radius: 1545.0000' Delta:004°15'59" Tangent:57.5490' Chord: 1 15.0182' Course:N65°43'00.80"W Course In:S26°24'58.71"W Course Out:N22°08'59.69"E RP North:-6069.0166' East:7978.0127' End North:-4638.0368' East:8560.5261' Segment#5 : Curve C31 Length:466.4312' Radius:4895.0000' Delta:005'27'35" Tangent:233.3922' Chord:466.2548' Course:N45°55'03.36"E Course In:N41°21'09.43"W Course Out:S46°48'43.84"E RP North:-963.5674' East:5326.4420' End North:-4313.6670' East: 8895.4555' Segment 46 : Line 1-31 Course:N43°11'16.16"E Length:357.2428' North:-4053.1962' East:9139.9497' Segment#7 : Line L32 Course:N38°56'45.38"E Length:615.2600' North:-3574.6843' East:9526.6941' North:;574.6843' East:9526.6940' Segment 98 : Line L33 Course:N84°06'22.84"W Length:388.9100' North:-3534.7501' East:9139.8397' KM>U:j5tockdaleRanch(FreewayslPhase-2-RWsiClosures-SRR-Ph2Freeway-2018-07-20.docr Page 2 of 3 09/19/1 CC A GENDA PA CKET PG 368 Stockdale River Ranch Freeway Right-of-Way Acquisition Map Check Report Perimeter:4156.0653' Area: 188332.32 Sq.Ft, Error Closure: 0.0001 Course:N64°50'28.79"E Error North: 0.00003 East:0.00007 Precision 1:41557307.0000 ---TOGETHER WITH--- NET --NET AREA 2:South of Stockdale Ranch Drive Segment 41 : Line L30 Course:N00°16'02.25"E Length:210.2588' North;-5853.3864' East: 5551.6014' Segment 42 : Curve C28 Length:3205.7474' Radius:4895.0000' Delta:037°31'23" Tangent: 1662.7313' Chord:3148.7647' Course:N68°36'07.25"E Course In:NO2°38'1 1.09"W Course Out: S40°09'34.41"E RP North:-963.5676' East:5326.4418' End North:-4704.5783' East:8483.3174' Segment#3 : Curve C32 Length: 117.7617' Radius: 1455.0000' Delta:004°38'14" Tangent:58.9130' Chord: 117.7296' Course:S67°21'35.28"E Course In:S20°19'17.60"W Course Out:N24°57'31.83"E RP North:-6069.0167' East:7978.0127' End North:-4749.8975' East:8591.9748' Segment 94 : Curve C21 Length: 1476.2244' Radius:5000.0000' Delta:016'54'58" Tangent:743.5231' Chord: 1470.8725' Course:S57°40'54.94"W Course In:N40°46'34.46"W Course Out: S23°51'35.66"E RP North:-963.5677' East:5326.4418' End North:-5536-2538' East:7348.9504' Segment 95 : Line L2 Course:S43°21'13.00"E Length: 111.2416' North:-5617.1410' East:7425.3177' End North:-5617.1409' East:7425.3177' Segment#6 : Curve C I Length: 1938.7665' Radius: 5105.0000' Delta:021'45'35" Tangent:9812051' Chord: 1927.1362' Course:S76'36'1 1.85"W Course In:N24°16'35.56"W Course Out: S02°31'00.73"E RP North:-963.5675' East:5326.4418' End North:-6063.6429' East:5550.6205' Perimeter:7060.0044' Area: 542715.45 Sq-Ft. Error Closure: 0.0002 Course:S33°38'33.93"W Error North: -0.00013 East:-0.00008 Precision 1:34930017.0000 TOTAL NET AREA OF FRFFWAY RICHT-OF-WAY ACQUISITION: 16.782 NET ACRES KM>U:15tockda/e RanchlFreewaysIPhase-2-RwsIC/osures-SRR-Ph2.Freeway-2018-07-2.0.docr Page 3 of 3 O-Q//l-Q//18 CCAGENDA PACKETPG369 FARMING LEASE This FARMING LEASE ("Lease") is entered into and shall be effective on 2018 (the "Effective Date") by and between the CITY OF BAKERSFIELD, a California municipal corporation ("Landlord"), and BOLTHOUSE LAND COMPANY, LLC, a California limited liability company ("Tenant"). Landlord and Tenant are singularly referred to as a "Party" and collectively referred to as the "Parties". 1. Description of the Premises. Landlord leases to Tenant and Tenant leases from Landlord, on the terms and conditions herein, the property set forth in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter the "Premises"). 2. Term. The term of this Lease shall commence on the Effective Date and shall remain in full force and effect until the "Termination Date" as hereinafter defined, unless earlier terminated in writing by Tenant at Tenant's sole discretion (such period being hereafter referred to as the "Term"). For purposes of this Lease, the following terms shall have the following meanings: (i) "Termination Date" shall mean the earlier of that date which is six (6) months following Landlord's written notice to Tenant that Landlord intends to terminate this Lease and commence Construction Activities on the Premises or twelve (12) months following Landlord's written notice to Tenant that Landlord intends to terminate this Lease for any other reason, (ii) "Construction Activities" shall mean the soliciting/advertising for bids for construction on the Premises for the West Beltway, the Westside Parkway and/or the Beltway/Parkway Interchange, (iii) "West Beltway" shall mean physical roadway and related improvements on the Premises for the West Beltway, as identified in the City of Bakersfield's West Beltway Planned Major Thoroughfare Area adopted by Resolution No. 014-14 approved by the Bakersfield City Council on January 22, 2014, (iv) "Westside Parkway" shall mean physical roadway and related improvements on the Premises for the Westside Parkway, as identified in the City of Bakersfield's Specific Plan Line Reservation for the Kern River Freeway Alignment, now referred to as the Westside Parkway, adopted by Resolution No. 138-91 on July 17, 1991 , and (v) "Beltway/Parkway Interchange" shall mean physical roadway and related improvements on the Premises for the Westside Parkway & West Beltway Interchange, as identified in the City of Bakersfield's Specific Plan Line Reservation for said Interchange adopted by Resolution No. 263-04(1 ) on April 19, 2017. PAGE Farm.Lease.20160901.04 09/19/1 CC C T 370 3. Purpose. Tenant shall utilize the Premises only for planting, growing, and harvesting of agricultural crops and incidental uses thereto and for access, ingress and egress to and from Tenant's lands lying adjacent to the Premises. 4. No Rent Payable. The consideration for the lease shall be the duty to maintain the Premises, including but not limited to, removal of all trash, debris and tumbleweeds, etc. and the payment of all costs associated therewith. Accordingly, Tenant shall not be required to pay rent to Landlord for or in connection with this Lease. S. Improvements. Landlord acknowledges that Tenant or Tenant's subtenant owns all farming improvements and equipment located on the Premises, including below-ground and above-ground irrigation improvements and equipment located on or used to irrigate the Premises, including well casing, tubing, submersible pumps and other below-ground improvements and equipment, motors, pumps, wellheads, gearheads, valves, controls, tanks, diverters, irrigation pipelines and systems, and other above-ground improvements and equipment, including any replacement improvements and equipment which Tenant or Tenant's subtenant hereafter places on or affixes to the Premises during the term of this Lease (collectively, "Farming Improvements and Equipment"). Landlord agrees that Tenant or its subtenant, as applicable, shall have the right to remove and retain such Farming Improvements and Equipment upon or before the termination of this Lease, provided that neither Tenant nor Tenant's subtenant shall have the obligation to remove the same. Any Farming Improvements and Equipment which Tenant is not required to remove or cause to be removed from the Premises, and which are not so removed as of the termination of this Lease, shall be deemed to have been abandoned by Tenant and Tenant's subtenant, and Landlord shall thereafter have the right to remove and dispose of the same at Landlord's cost. 6. Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, 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 Tenant in the performance of, or in any way arising from, the terms and provisions of this Lease whether or not caused in part by a party indemnified hereunder, except for Landlord's sole active negligence or willful misconduct. PAGE 20180116.01 Farmlease 09/19/1 CC C T 371 7. Insurance. In addition to any other insurance or bond required under this Lease, Tenant or its farming tenant shall procure and maintain for the duration of this Lease the following types and limits of insurance ("basic insurance requirements" herein): 7.1. Automobile liability insurance. Providing coverage 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 ccurrence;and the policy shall: 7.1.1. Provide coverage for owned, non-owned and hired autos. 7.2. Commercial general liability insurance. Unless otherwise approved by Landlord'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: 7.2.1. Provide contractual liability coverage for the terms of this Lease. 7.2.2. Provide products and completed operations coverage. 7.2.3. Contain an additional insured endorsement in favor of Landlord, its mayor, council, officers, agents, employees and volunteers. 7.2.4. All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by Landlord, Tenant 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. 7.3. Workers' compensation insurance. with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1 ,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of Landlord, its mayor, council, officers, agents, employees and volunteers. PAGE 20180116.01 Farmlease 09/19/1 CC C T 372 7.4. All policies required of the Tenant shall be primary insurance as to Landlord, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by Landlord, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of Tenant's insurance and shall not contribute with it. 7.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by Landlord'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 Lease, or insurance rated below Best's A-:VII, must be declared prior to execution of this Lease and approved by Landlord in writing. 7.6. Unless otherwise approved by Landlord's Risk Manager, all policies shall contain an endorsement providing Landlord with thirty (30) day's 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 Landlord on demand. 7.7. The insurance required hereunder shall be maintained until all work required to be performed by this Lease is satisfactorily completed as evidenced by written acceptance by Landlord. 7.8. Tenant shall furnish Landlord's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. 7.9. All premiums which Tenant is required to pay on all the insurance described herein shall be the responsibility of the Tenant, without the right to demand or receive any contribution or consideration therefor from Landlord. 7.10. It is further understood and agreed by Tenant that its liability to Landlord shall not in any way be limited to or affected by the amount of insurance obtained and carried by Tenant in connection with this Lease. 7.11. Unless otherwise approved by Landlord, if any part of the work under this Lease is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if Landlord has approved lesser insurance requirements for Tenant. PAGE 20180116.01 Farmlease 09/19/1 CC C T 373 8. Farminq Practices. All operations incident to the permitted uses of the Premises shall be carried out in accordance with customary husbandry and cultural practices utilized in the vicinity of the Premises. 9. Utilities. Tenant shall pay all electric and other utility bills, for service supplied for Tenant's use of the Premises in a timely fashion and where feasible Tenant shall put the accounts in Tenant's name. 10. Expenses. Tenant shall, at its own risk and expense, provide and promptly pay for all labor, water, fertilizer, farm implements, seed, building maintenance, and other materials and services of whatever kind or nature which may be used for the planting, cultivation, irrigation, production, and harvesting of crops and other permitted uses and maintenance of the Premises and Landlord shall not be liable for any part thereof, except as specifically set forth in this Lease. 11. Water. Tenant shall have the use of all rights to water and shall pay any and all costs associated therewith, including, but not limited to assessments, fees, etc. levied by others. 12. Compliance with Law. In all operations under this Lease, or on the Premises, Tenant shall, at its own expense, promptly comply in all material respects with any and all laws, ordinances, rules, regulations and requirements whatsoever, present or future of the national, state, county or municipal government which in any way, apply to the use, maintenance, occupation and/or operations of the Premises or activities incidental thereto. 13. Notices. Any notice to be given to either party by the other shall be in writing and shall be served upon either personally or by registered certified mail addressed as follows: Landlord: City of Bakersfield Attn: Property Management 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 Tenant: Bolthouse Land Company, LLC Attention: Bruce Davis 11601 Bolthouse Drive, Suite 200 Bakersfield CA 93311 PAGE 20180116.01 Farmlease 09/19/1 CC C T 374 14. Binding Effect, This Agreement shall inure to the benefit of and be binding upon each party's respective parent, subsidiary or affiliated organizations, agents, members, managers, directors, officers, partners, successors, and all other acting for, under, or in concert with such parties. 15. Severability and Construction. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable, shall not cancel or invalidate the remainder of such provision or this Lease, which shall remain in full force and effect. However, the parties will use their best efforts to add a provision to this Lease which will, to the extent legally possible, carry out the intent of any invalidated provision. Further, this Lease shall not be construed against either party since its terms were negotiated equally by the parties. 16. Modification. This Agreement may not be altered, amended, or modified in any respect, except by a writing duly executed by all the parties. 17. Time is of the Essence. Time is hereby expressly declared to be of the essence in this Lease and all terms and conditions herein. 18. Headings. Headings are for convenience of the parties only and do not form a part of this Agreement. 19. Separate Counterparts. This Lease may be executed in two (2) separate counterparts, each of which, when so executed, shall be deemed to be an original and to constitute the one and same contract. 20. Assignment / Subletting / Interpretation. Tenant shall have the right to assign its rights and obligations under this Lease, or to sublease the Premises, to Wm. Bolthouse Farms, Inc., a Michigan corporation, effective upon written notice thereof given by Tenant to the City. Except as set forth hereinabove, Tenant shall not have the right to assign any portion of its rights and obligations under this Lease, and/or to sublease the Premises or any portion thereof, to a third party, without Landlord's written consent, which shall not be unreasonably withheld. In the event of such an assignment or sublease, from and after the effective date thereof, Tenant shall be released from Tenant's obligations and liability under this Lease, and the assignee or subtenant, as applicable, shall be thereafter solely responsible for such obligations and liability. All references in this Lease to "Landlord" and/or "Tenant", shall include and be deemed as references to such parties and their respective successors and assigns. Without limiting the generality of the foregoing, all references herein to "Tenant" shall include and be deemed as references to Tenant's subtenants, and/or leasehold assignees, as applicable. PAGE 20180116.01 Farmlease 09/19/1 CC C T 375 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed, the day and year first-above written. "LANDLORD" "TENANT" CITY OF BAKERSFIELD BOLTHOUSE LAND COMPANY, LLC By: By: KAREN GOH ANTHONY LEGGIO Mayor President APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit "A" - Legal Description PAGE 7 20180116.01 Farmlease 09/19/1 CC C T 376 FARMING LEASE This FARMING LEASE ("Lease") is entered into and shall be effective on 2018 (the "Effective Date") by and between the CITY OF BAKERSFIELD, a California municipal corporation ("Landlord"), and BOLTHOUSE LAND COMPANY, LLC, a California limited liability company ("Tenant"). Landlord and Tenant are singularly referred to as a "Party" and collectively referred to as the "Parties". 1. Description of the Premises. Landlord leases to Tenant and Tenant leases from Landlord, on the terms and conditions herein, the property set forth in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter the "Premises"). 2. Term. The term of this Lease shall commence on the Effective Date and shall remain in full force and effect until the "Termination Date" as hereinafter defined, unless earlier terminated in writing by Tenant at Tenant's sole discretion (such period being hereafter referred to as the "Term"). For purposes of this Lease, the following terms shall have the following meanings: (i) "Termination Date" shall mean the earlier of that date which is six (6) months following Landlord's written notice to Tenant that Landlord intends to terminate this Lease and commence Construction Activities on the Premises or twelve (12) months following Landlord's written notice to Tenant that Landlord intends to terminate this Lease for any other reason, (ii) "Construction Activities" shall mean the soliciting/advertising for bids for construction on the Premises for the West Beltway, the Westside Parkway and/or the Beltway/Parkway Interchange, (iii) "West Beltway" shall mean physical roadway and related improvements on the Premises for the West Beltway, as identified in the City of Bakersfield's West Beltway Planned Major Thoroughfare Area adopted by Resolution No. 014-14 approved by the Bakersfield City Council on January 22, 2014, (iv) "Westside Parkway" shall mean physical roadway and related improvements on the Premises for the Westside Parkway, as identified in the City of Bakersfield's Specific Plan Line Reservation for the Kern River Freeway Alignment, now referred to as the Westside Parkway, adopted by Resolution No. 138-91 on July 17, 1991 , and (v) "Beltway/Parkway Interchange" shall mean physical roadway and related improvements on the Premises for the Westside Parkway & West Beltway Interchange, as identified in the City of Bakersfield's Specific Plan Line Reservation for said Interchange adopted by Resolution No. 263-04(1 ) on April 19, 2017. PAGE Farm.Lease.20160901.04 09/19/1 CC C T 377 3. Purpose. Tenant shall utilize the Premises only for planting, growing, and harvesting of agricultural crops and incidental uses thereto and for access, ingress and egress to and from Tenant's lands lying adjacent to the Premises. 4. No Rent Payable. The consideration for the lease shall be the duty to maintain the Premises, including but not limited to, removal of all trash, debris and tumbleweeds, etc. and the payment of all costs associated therewith. Accordingly, Tenant shall not be required to pay rent to Landlord for or in connection with this Lease. S. Improvements. Landlord acknowledges that Tenant or Tenant's subtenant owns all farming improvements and equipment located on the Premises, including below-ground and above-ground irrigation improvements and equipment located on or used to irrigate the Premises, including well casing, tubing, submersible pumps and other below-ground improvements and equipment, motors, pumps, wellheads, gearheads, valves, controls, tanks, diverters, irrigation pipelines and systems, and other above-ground improvements and equipment, including any replacement improvements and equipment which Tenant or Tenant's subtenant hereafter places on or affixes to the Premises during the term of this Lease (collectively, "Farming Improvements and Equipment"). Landlord agrees that Tenant or its subtenant, as applicable, shall have the right to remove and retain such Farming Improvements and Equipment upon or before the termination of this Lease, provided that neither Tenant nor Tenant's subtenant shall have the obligation to remove the same. Any Farming Improvements and Equipment which Tenant is not required to remove or cause to be removed from the Premises, and which are not so removed as of the termination of this Lease, shall be deemed to have been abandoned by Tenant and Tenant's subtenant, and Landlord shall thereafter have the right to remove and dispose of the same at Landlord's cost. 6. Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, 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 Tenant in the performance of, or in any way arising from, the terms and provisions of this Lease whether or not caused in part by a party indemnified hereunder, except for Landlord's sole active negligence or willful misconduct. PAGE 20180116.01 Farmlease 09/19/1 CC C T 378 7. Insurance. In addition to any other insurance or bond required under this Lease, Tenant or its farming tenant shall procure and maintain for the duration of this Lease the following types and limits of insurance ("basic insurance requirements" herein): 7.1. Automobile liability insurance. Providing coverage 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 ccurrence;and the policy shall: 7.1.1. Provide coverage for owned, non-owned and hired autos. 7.2. Commercial general liability insurance. Unless otherwise approved by Landlord'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: 7.2.1. Provide contractual liability coverage for the terms of this Lease. 7.2.2. Provide products and completed operations coverage. 7.2.3. Contain an additional insured endorsement in favor of Landlord, its mayor, council, officers, agents, employees and volunteers. 7.2.4. All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by Landlord, Tenant 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. 7.3. Workers' compensation insurance. with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1 ,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of Landlord, its mayor, council, officers, agents, employees and volunteers. PAGE 20180116.01 Farmlease 09/19/1 CC C T 379 7.4. All policies required of the Tenant shall be primary insurance as to Landlord, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by Landlord, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of Tenant's insurance and shall not contribute with it. 7.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by Landlord'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 Lease, or insurance rated below Best's A-:VII, must be declared prior to execution of this Lease and approved by Landlord in writing. 7.6. Unless otherwise approved by Landlord's Risk Manager, all policies shall contain an endorsement providing Landlord with thirty (30) day's 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 Landlord on demand. 7.7. The insurance required hereunder shall be maintained until all work required to be performed by this Lease is satisfactorily completed as evidenced by written acceptance by Landlord. 7.8. Tenant shall furnish Landlord's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. 7.9. All premiums which Tenant is required to pay on all the insurance described herein shall be the responsibility of the Tenant, without the right to demand or receive any contribution or consideration therefor from Landlord. 7.10. It is further understood and agreed by Tenant that its liability to Landlord shall not in any way be limited to or affected by the amount of insurance obtained and carried by Tenant in connection with this Lease. 7.11. Unless otherwise approved by Landlord, if any part of the work under this Lease is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if Landlord has approved lesser insurance requirements for Tenant. PAGE 20180116.01 Farmlease 09119118CCAGENDAPACKETPG 380 8. Farminq Practices. All operations incident to the permitted uses of the Premises shall be carried out in accordance with customary husbandry and cultural practices utilized in the vicinity of the Premises. 9. Utilities. Tenant shall pay all electric and other utility bills, for service supplied for Tenant's use of the Premises in a timely fashion and where feasible Tenant shall put the accounts in Tenant's name. 10. Expenses. Tenant shall, at its own risk and expense, provide and promptly pay for all labor, water, fertilizer, farm implements, seed, building maintenance, and other materials and services of whatever kind or nature which may be used for the planting, cultivation, irrigation, production, and harvesting of crops and other permitted uses and maintenance of the Premises and Landlord shall not be liable for any part thereof, except as specifically set forth in this Lease. 11. Water. Tenant shall have the use of all rights to water and shall pay any and all costs associated therewith, including, but not limited to assessments, fees, etc. levied by others. 12. Compliance with Law. In all operations under this Lease, or on the Premises, Tenant shall, at its own expense, promptly comply in all material respects with any and all laws, ordinances, rules, regulations and requirements whatsoever, present or future of the national, state, county or municipal government which in any way, apply to the use, maintenance, occupation and/or operations of the Premises or activities incidental thereto. 13. Notices. Any notice to be given to either party by the other shall be in writing and shall be served upon either personally or by registered certified mail addressed as follows: Landlord: City of Bakersfield Attn: Property Management 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 Tenant: Bolthouse Land Company, LLC Attention: Bruce Davis 11601 Bolthouse Drive, Suite 200 Bakersfield CA 93311 PAGE 20180116.01 Farmlease 09/19/1 CC C T 381 14. Binding Effect, This Agreement shall inure to the benefit of and be binding upon each party's respective parent, subsidiary or affiliated organizations, agents, members, managers, directors, officers, partners, successors, and all other acting for, under, or in concert with such parties. 15. Severability and Construction. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable, shall not cancel or invalidate the remainder of such provision or this Lease, which shall remain in full force and effect. However, the parties will use their best efforts to add a provision to this Lease which will, to the extent legally possible, carry out the intent of any invalidated provision. Further, this Lease shall not be construed against either party since its terms were negotiated equally by the parties. 16. Modification. This Agreement may not be altered, amended, or modified in any respect, except by a writing duly executed by all the parties. 17. Time is of the Essence. Time is hereby expressly declared to be of the essence in this Lease and all terms and conditions herein. 18. Headings. Headings are for convenience of the parties only and do not form a part of this Agreement. 19. Separate Counterparts. This Lease may be executed in two (2) separate counterparts, each of which, when so executed, shall be deemed to be an original and to constitute the one and same contract. 20. Assignment / Subletting / Interpretation. Tenant shall have the right to assign its rights and obligations under this Lease, or to sublease the Premises, to Wm. Bolthouse Farms, Inc., a Michigan corporation, effective upon written notice thereof given by Tenant to the City. Except as set forth hereinabove, Tenant shall not have the right to assign any portion of its rights and obligations under this Lease, and/or to sublease the Premises or any portion thereof, to a third party, without Landlord's written consent, which shall not be unreasonably withheld. In the event of such an assignment or sublease, from and after the effective date thereof, Tenant shall be released from Tenant's obligations and liability under this Lease, and the assignee or subtenant, as applicable, shall be thereafter solely responsible for such obligations and liability. All references in this Lease to "Landlord" and/or "Tenant", shall include and be deemed as references to such parties and their respective successors and assigns. Without limiting the generality of the foregoing, all references herein to "Tenant" shall include and be deemed as references to Tenant's subtenants, and/or leasehold assignees, as applicable. PAGE 20180116.01 Farmlease 09/19/1 CC C T 382 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed, the day and year first-above written. "LANDLORD" "TENANT" CITY OF BAKERSFIELD BOLTHOUSE LAND COMPANY, LLC By: By: KAREN GOH ANTHONY LEGGIO Mayor President APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit "A" - Legal Description PAGE 7 20180116.01 Farmlease 09/19/1 CC C T 383 EXHIBIT"A" RIGHT-OF-WAY ACQUISITION LEGAL DESCRIPTION BEING A PORTION OF PARCELS 1, 3, 4 AND 5 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED ON MARCH 7, 2017 IN BOOK 60 OF PARCEL MAPS, AT PAGES 153-157, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF SECTION 4 AND THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP No. 12062 PHASE 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 3, AS MONUMENTED BY A KERN COUNTY SURVEYOR CONCRETE MONUMENT IN LAMPHOLE, REPLACED NOVEMBER 1961 PER RECORD OF SURVEY FILED AUGUST 28, 1992 IN BOOK 17 OF RECORDS OF SURVEY, AT PAGE 97, IN THE OFFICE OF THE KERN COUNTY SURVEYOR, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION OF HEATH ROAD AND STOCKDALE HIGHWAY AS SHOWN ON SAID PARCEL MAP No. 12062 PHASE 2; THENCE SOUTH 89027'57" EAST, ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING ELEVEN (11) COURSES: 1) CONTINUING SOUTH 89°27'57" EAST, ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 675.99 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, AS MONUMENTED BY A 6" CONCRETE MONUMENT WITH BRASS CAP MARKED"RCE 33448"PER PARCEL MAP No. 12062 PHASE 1 FILED ON FEBRUARY 22, 2016 IN BOOK 60 OF PARCEL MAPS, AT PAGES 76-78 IN THE OFFICE OF THE KERN COUNTY RECORDER;THENCE 2) DEPARTING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OF STOCKDALE HIGHWAY, SOUTH 43011'16" WEST, AND CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, A DISTANCE OF 1233.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5000.00 FEET, AS MONUMENTED BY A 2- INCH IRON PIPE WITH 2"x2" REDWOOD HUB AND TAG MARKED "RCE 33448" PER SAID PARCEL MAP No. 12062 PHASE 1;THENCE 3) SOUTHWESTERLY ALONG THE CURVED BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THROUGH A CENTRAL ANGLE OF 22°57'08", AN ARC LENGTH OF 2002.96 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE WITH 2'x2" REDWOOD HUB AND TAG MARKED"RCE 33448"PER SAID PARCEL MAP No. 12062 PHASE 1;THENCE 4) CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, SOUTH 43°21'13" EAST, A DISTANCE OF 111.24 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE WITH 2'x2" REDWOOD HUB AND TAG MARKED "RCE 33448" PER SAID PARCEL MAP No. 12062 PHASE 1, SAID ANGLE POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5105.00 FEET, A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 24016'36" EAST; THENCE 5) SOUTHWESTERLY ALONG THE CURVED BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, THROUGH A CENTRAL ANGLE OF 2104535"1 AN ARC LENGTH OF 1938.77 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, AS MONUMENTED BY A 2-INCH IRON PIPE MARKED"RCE 33448"PER SAID PARCEL MAP No. 12062 PHASE 2; THENCE 6) CONTINUING ALONG THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, NORTH 00016'02"EAST, A DISTANCE OF 210.26 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4895.00 FEET,A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 02038'11"EAST;THENCE 7) DEPARTING THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2, NORTHEASTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 44010'33", AN ARC LENGTH OF 3774.11 FEET;THENCE KM>U:(Stockdale RanchlFreewaysjPhase-2-RWsIFxhibit-A.01.docx Page 1 oft 09/19/1 CC C T 384 EXHIBIT 7r~RIG*T+OFwm,ACQUISITION LEGAL DESCRIPTION N NORTH 43011'16"EAST,A DISTANCE F357.24 FEET;THENCE 9) NORTH 3805645"EAST,ADISTANCE 0F615.26 FEET;THENCE 18) NORTH 84"Uh23^WEST, ADISTANCE OF38O.91FEET TOTHE SOUTHERLY RIGHT-OF- WAY OF STOCKDALE HIGHWAY PER STREET RIGHT-OF-WAY DEDICATION TO THE COUNTY OF KERN RECORDED ON ]UNE 21, 1993 IN BOOK 6864, PAGE 1759, OF OFFICIAL RECORDS INTHE OFFICE OFTHE KERN COUNTY RECORDER; THENCE 11) NORTH 08°32'03^ EAST, A DISTANCE OF 55.00 FEET TO THE BOUNDARY OF SAID PARCEL MAP No. 12062 PHASE 2,THE NORTH UNE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE CENTERLINE OFSTOCKDALE HIGHWAY, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 17.844GROSS ACRES (16.782NET ACRES), MORE O% LESS. Portions ofKern County Assessor Parcel No.ss*-ozz-oz'-os.-o4&'ns� END OFLEGAL DESCRIPTION ' '- . \ � \ � x*,�|socym1emmm/,res**s|PhaSe-2*wy|amu5i�.0l.docx Page Ofr 09119118CCAGENDAPACKETPG 385 EXHIBIT "B" 81� N ct) rn m 0 7673 J>1 ic WEGIS AVENUE G L /�, oz NORTH-SOUTH MID-SECTIO LINE > C7 w n m cf) rl w 70 rn m m m m m 0 o m m m m k, M -0 -u -0-0 7 J)0,W5 >>>> If m m m m J) co _.j m cyl -n -n -n -n OII 00007 m 90' EOZ M> Q z M!7 0 ;:u 4 zbr 2 r-- Mz Mz 0> m L� 201 M 0 M o G)m m m ��4"5 z m z z C-) m� C o P, < E� ol F> m rn rn 00 m r- T > r- > C-) > M, c, mo > 's -m m M� m 7o r m m c'), z 0 HEATH ROAD 0 m m z N00'20"I 2613.05' m 60 G) CN m �p z m 25' m 11A G>l M 30, r > m O Cf) m 17,9 7 r°oz 77 m -0 1 >0 4,5'1 M v)CDof G7 m 0i cf) r1ict) R m -0 U) DO mm > cf) 0 0 > z m C) G 1; ml> N) M Fn C7 ria > ro -)3 J, Ln p I\,Ffi L23 L27 00 L22 Z8 - , N,) WEST BELTWAY IS co Ln 6 1 148.3m II y 1528. _-S00'35'45"W 2676.91' 0I F J� ir.� \ \ �,W... / or -71,L PAGE 1 OF 8 R/W ACQUISITION MAP DRAWN BY; K. MacNeill SCALE: 1" = 600' DATE: 0, 300' 600' WESTSIDE PARKWAY 07/20/2018 WITHIN PM 12062 PH 2 ACAD FILE: I Ph-2-Freeway-RWs.01 09119118CCAGENDAPACKETPG 386 EXHIBIT "B" ti (5, 25 o 17 .0 'L26 5 c as 30' A, 30' 7 x 55' OC, '77 s6 co �7, m, 1\ '��, �N) O 55' Cas b :0 p �0 mem rn —0m )- �G'1) lz�, rn rn z 4. m m m m 0 m m m m-.1 m C)C)'n --4 > > > >0-0 -0 -0 m G)0 G)G) r Nti wi A ii m m m m ON N) Cf) oo j M(.71 oo -n -n -n-n 0000 Z v) z m r- < -Z > Z 0 m ZC)U)M --i (Z m- .,Lo, 0 mz >0 0 8co u :e m Dr �rn 3rrn m 0 C n m > m .1 rn Z, G)G,)C) r- -Tj-r7 R -n a mz z C,: m 0 0;c;.o -p- < 17, 'C' > m "o 1r,3r > Qz� Z, g P) m --i r Q� 0� - -0 m > > > co o' m n m c�bba0\\ 3 M r- m m m m > N, rTi z 0 .N00-35 '45"E mw m z 1929-53'- r- m 778.57' 0 NOO'35'45"E 690.70' L17 -m z PARCEL T" rm WEST/ BELTWAY PARCEL MERGER No. 16-0182 " CD ti RECORDED 0910212016 DOC.NO.0216120378,O.R. 594.71' 7 833.02' L118 TRACT 7240 PHASE 5 S00*35'45"W 2676.91- MB 62,PGS 121-125 4, a T -1------F--- F-1- Y) cn7 LA PAGE 2 OF 8 a 573 E 12/31/19 R/W ACQUISITION MAP DRAWN BY: K. MacNeill S", P WESTSIDE PARKWAY DATE: 07/20/2018 AD WITHIN PM 12062 PH 2 ACPh-2-FILE:Freeway-RWs.01 09119118CCAGENDAPACKETPG 387 EXHIBIT "B" PARCEL 1 N PM 12062 PH 2 RIGHT-OF-WAY f PM BK 60,PGS 153-157 ^ ACQUISITION AREA G G� 17.844 GROSS ACRES (16.782 NET ACRES) h N 3�. G Gti .C77.� G G� PARCEL 2,PM 12232 PM BK 60,PGS 192-200 �l\ �O r 032 �� r I 0 i �b G �� 70 Q,^ <g N G r( G� ✓ Q S9b� ,Cg „ N 6 2 O �Q PARCEL 3 � r �A L6Jw PM 12062 PH 2 0. 5� �P d A,Q`~`. S60°S 2840 2j00 PM BK 60 4� Q� G� 90) 0' Q G PGS 153-157 r' h ' rp's- Q ��h �0 , CRh \4� C `� 7\ GSL 99r . c� STp , Cg�CFf/�qz PARCEL 5,PM 12232 G��o O)\,) O� PM BK 60,PGS 192-200 23 „ RgNC PP�� V'0''`q' N' V ooG�e DETAIL "B" -NOT TO SCALE i f PARCEL"D" 15/ PARCEL MERGER 14 No. 16-0182 00 113- RECORDED PARCEL 1,PM 12232 Cn 0910212016 TRACT 7240 PHASE 5 PM BK 60,PGS 192-200 DOC.No. MB 62,PGS 121-125 0 0216120378,O.R. r v v W v 210' 13 p rn �� N M - LE DRIVE z -- RPNGN - _ r�c- $?OCKDA _N7(3-2-0'45 _. 6 57 :C C16 = 2'3 E 441.73' _ =-- �" N79°204`5" _ 11 - n 214. 227 62' CV N21 782p45"E 43278'..0, 50 ._ LO Q� - _ v w n TRACT 7240 PHASE 2 111y v n W o o MB 60,PGS 185-189 PARCEL 3,PM 12232 o h PM BK 60,PGS 192-200 zZ Wco 45 DETAIL"C"-- NOT TO SCALE (FOR INFORMATION ONLY) �`S NOTE: SEE PAGE 5 FOR LINE,RADIAL&CURVE DATA TABLES. LAW) SEE PAGE 6 FOR EASEMENT LEGEND. r/ SEE PAGE 7 FOR MONUMENT LEGEND,AND PARCEL LEGEND. SEE PAGE 8 FOR SYMBOL LEGEND&OIL WELL REFERENCE LEGEND. PAGE 3 OF 8 1-)/:',1/19 R/W ACQUISITION MAP DRAWN BY: K. MacNeill �F �"F<<:>�� WESTSIDE PARKWAY °ArE' 07/202018 WITHIN PM 12062 PH 2 AC p°2IFreeWay_RW5.01 09/19/1 CC C T 388 EXHIBIT N,4 COR 11B11 SE I I C 4, Z101 PARCEL 5 30/26, MDB&M PM 12062 PH 2 PM BK 60,PGS 153-157 0) R31 o6 C26 _R2-1-11 C39 C40 C43 C28 NRIGHT-OF-WAY REMAINDER OF PARCEL 1 [,- ;r ACQUISITION AREA 17.844 GROSS ACRES < PARCEL MERGER No. 14-0200 Ln LO RECORDED 0811112014 z (18.782 NET ACRES) DOC,NO,0214093988,O.R. N3 R30 I- C38 C37 C42 41 C nz Tl� cli -D�;, C) It CENTER SEC 4, �2 �o -,Lj u� 30/26, MDB&M 0; z rn C-, �:, E/W MID-SEC LIME 0 9.8 1 1 0' C36 k2_ Ln C35 - C24 C1--- 3511' NOO'52'46"E 453.06' - 2646.67L--�-- 15.00' N89'07'16"W 3099.73' PARCEL 6 A 1 00 PARCEL MAP No. 12232 F.I PM BK 60,PGS 192-200 C? P 5:) S/4 COR SEC 4, IN 30/26, MDB&M k "col� Iz DETAIL "ID" NOT TO SCALE NW COR, SEC. 3 & ME COR. SEC. 4,-/ 30/26, MDB&M PARCEL 5 w tPARCEL MAP No. 12232 Z z PM BK 60,PGS 192-200 U CN U �, w CTR. SEC. 4, w 0 V) CTR. SEC. 3, 30/26, MDB&M z 30/26, MDB&M E/W MID-SEC LINE IN89'00, E W MID-SEC LINE N89'07'16"W 2647.19' 89 00, 5"W 2636.75' Z" W./4 ./4 COR, SEC. 3 &E.j rim /4 , /4 CCR. SEC. 4 N89'00'25"W 0.46' 30/26, MDB&M 2646.67' - 2146.32'-4-- N89'07'16"W 3099.73- N89'00'25"W 2356.78L�-- I w p t0 p SW COR. SEC. 3 & CD N SE COR. SEC. 4, Z 30/26, MDB&M_\�I DETAIL"E"- NOT TO SCALE (FOR INFORMATION ONLY) NOTE: SEE PAGE 5 FOR LINE,RADIAL&CURVE DATA TABLES, LANE SEE PAGE 6 FOR EASEMENT LEGEND. Ey SEE PAGE 7 FOR MONUMENT LEGEND,AND PARCEL LEGEND. SEE PAGE 8 FOR SYMBOL LEGEND&OIL WELL REFERENCE LEGEND. PAGE 4 OF 8 Jo. F�p R/W ACQUISITION MAP DRAWN BY; K. MacNeill WESTSIDE PARKWAY DATE: 07/20/2018 or WITHIN PM 12062 PH 2 ACAD F2-ILE: Ph- Freeway-RWs.01 09119118CCAGENDAPACKETPG 389 EXHIBIT "B" LINE, RADIAL & CURVE DATA TABLES LINE TABLE RADIALS CURVE TABLE LINE DIRECTION DISTANCE RADIALDIRECTION CURVE RADIUS LENGTH TANGENT DELTA Ll N00'52'46"E 15.00* R1 S00*52'44"W ci 5105.00' 1938.77' 98t21' 021'45'35" L2 S43'21'13"E 111.24' R2 S24'16'36"E C2 5105.00' 1560.30' 786.28' 017'30*43" L3 S60'59'07"E 244.00' R3 S23'51'36*'E C3 5105,00' 447.60' 223.94' 005001'25" L4 N79'20'45"E 227.62' R4 S41'20'20"E C4 5105.00' 3801.62' 1993,81' 042040'02" L5 N79'20'45"E 214.11' R5 S46'48'44"E C5 5000.00' 768.64' 017*28'44" L6 S60'59'07"E 10.13' R6 N25°43'17"E C6 5000,00, 477.63' 239.00' 005'28'24" L7 S60'59'07"E 26.03' R7 N29'00'53"E C7 5000.00' 2002.96' 1015.09' 022'57'08" L8 S60"59'07"E 41.47' R8 S29*00'53"VV C8 2000,00' 1384.71' 721.40' 1 039°40-08" L9 N00'35'45"E 45.88' R9 S1 0"39'1 5"E C9 1455,00' 103.00' 51.52' 004'03'21" L10 N00'3545"E 45.88' R10 N24'57'32"E clo 1500,00, 86.22' 43.12' 003'17*36" 111 S00'35*45"VV 45.88' R11 N26'24'59"E C11 1545.00' 70.07' 3504' 002*35'54" L12 S00'35'45"VV 45.88' R12 S40'46'34"E C12 5000.00, 49.11' 24.55' 000'33'46" L13 S89'27'57"E 142,77' R13 S41'53'47"E C13 5000.00, 48.64' 24.32' 000'33'27" L14 S89*27'57"E 210.00' R14 S41'15'10"E C14 5105.00' 47.73' 23.86' 000'32'08" L15 N43'1 11 6"E 74.78* R15 S41'47'19"E C15 5105.00, 47.57' 23.79' 000'32'02" L16 N43'1 11 TE 74,78' R16 S42'1 9'21"E C16 1955.00' 1353.55' 705.17' 039'40'08" L17 N00'35'45"E 55.00' R17 S46'48'44"E C17 2045.00' 1415,86' 737.64' 039*40'08" L18 S00'35*45"VV 55,00' R18 N43'09'31 IN C18 5105,00* 2007,90' 1017.10' 022032'08" L19 S43'1 1'1 6"W 441.83' R19 N78'56'1 FE C19 440.00' 937.63' 795.35' 122'05'46" L20 S52"13'27"W 501,17' R20 S02'31'01"E C20 5105.00' 1512.57' 761.87' 016'58'35" L21 N11°03'45"W 176,80' R21 S02038"1 1"E C21 5000.00' 1476.22' 743.52' 016'54'58" L22 N00'35'45"E 824,45' R22 S40'45'37"E C22 5105.00' 400.03' 200,12' 004'29'23'* L23 N00'35*45"E 1105,07' R23 N21'1 6'43"E C23 1 5000.00' 428,99' 1 214.62' 004'54'57" L24 N55'1 V 3"W 253.56' R24 N20019'18"E C24 5105-00' 302.55' 151,32' 003'23'44" L25 N68'45'08"W 226A0' R25 $40*09'34"E C25 4895,00' 3774.11' 1986.45' 044'10'33" L26 N00'32'03"E 55,00' R26 N22'09'00"E C26 4895,00' 3257.07' 1691.40' 038'07'26" L27 N00'35'45"E 1929.53' R27 S41"21'09"E C27 4895.00' 517.04' 258.76' 006'03'07" L28 N68*45'08"W 113.20' R28 S02*34'31"E C28 4895.00' 3205,75' 1662.73' 037'31'23" L29 N68-45-08"W 113.20' R29 SO4'1 2'31"E C29 4895.00' 51.32' 25.66' 000036'03"- L30 N00'16'02"E 210.26' R30 SO4'1 8'1 0"E C30 4895.00' 50,61' 25.30' 000*3632" L31 N43'1 1'1 6"E 357,24' R31 SO4'24'04"E C31 4895.00' 466.43' 233.39' 005*27'35" L32 N38*56'45"E 615,26' C32 1455.00' 117,76' 58.91' 004*38'14" L33 N84'06'23*'W 388.91' C33 1500.00' 116.31' 58.19' 004*26'34" L34 S43'1 I'l 6"VV 74.78' C34 1 1545.00' 115.04' 57.55' 004"15'59'* L35 S89'27'57"E 482,55' C35 5105.00' 150,73' 75.37' 001'41'30" L36 S89-27-57"E 142.77- C36 5105.00' 1788.04' 903.27' 020'04'05" C37 5000.00' 15075' 75.38' 001'43'39" C38 5000,00' 1706,68' 861.72' 019'33'25" C39 4895.00' 150.76' 75,39' 001'45'53" C40 4895.00' 3054.99' 1579.08' 035'45'31" C41 5000.00' 1857.43' 939.54' 021'17'04" LAND C42 5000.00' 301.43' 150.76' 003'27'15" C43 4895.00' 300.32' 150.21' 003'30'55" PAGE 5 OF 8 7573 DPAWN BY: R /W ACQUISITION MAP K. MacNeill WEESTSIDEL PARKWAY DATE: 07/20/2018 WITHIN PM 12062 PH 2 AAD IF FE: Ph-2-Freeway-RWs.01 09/19/18 CC A GENDA PA C PG 390 EXHIBIT "B" EASEMENT LEGEND OPUBLIC HIGHWAY EASEMENT IN FAVOR OF THE COUNTY OF KERN PER ORDER OF THE BOARD OF SUPERVISORS OF KERN COUNTY MADE ON JUNE 30, 1930, AND ENTERED IN VOLUME 30, PAGE 416, OF MINUTE BOOKS. O70-FT WIDE PIPELINE LICENSE AGREEMENT TO STANDARD OIL COMPANY OF CALIFORNIA, RECORDED JUNE 23, 7,944 IN BOOK 1202, PAGE 75, O.R. 75-FT WIDE GAS PIPELINE EASEMENT TO PG&E, RECORDED FEBRUARY 27, 1964, IN BOOK 3697, PAGE 666, O.R. 20-FT WIDE PERMANENT EASEMENT FOR ROAD ACCESS PURPOSES IN FAVOR OF KERN COUNTY WATER AGENCY v PER FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 7, 1987, IN BOOK 5427, PAGE 1531, O.R. CENTERLINE OF A PG&E POLE LINE EASEMENT RECORDED AUGUST 20, 1984, IN BOOK 5686, PAGE 1877, O.R. (WIDTH NOT SPECIFIED) O25-FT WIDE IRREVOCABLE OFFER OF DEDICATION FOR ACCESS ROAD PURPOSES IN FAVOR OF THE COUNTY OF KERN, RECORDED JUNE 21, 1993, IN BOOK 6864, PAGE 1759, O.R. OAN UNRECORDED PIPELINE LICENSE AGREEMENT DATED OCTOBER 24, 1968 BETWEEN KERN COUNTY LAND COMPANY AND SUDMEIER ENTERPRISES. AN UNRECORDED LICENSE DATED JULY 29, 1974 BETWEEN TENNECO WEST AND PG&E COMPANY, AS EVIDENCED OBY A LETTER AGREEMENT SAID LICENSE IS FOR POLES, PIPES, AND UNDERGROUND CONDUIT, AS SHOWN ON RIGHT-OF-WAY MAP No. 3637, DATED JULY 23, 1974. AN UNRECORDED LICENSE DATED NOVEMBER 27, 1977 BETWEEN TENNECO WEST AND PG&E COMPANY, AS 0 EVIDENCED BY A LETTER AGREEMENT, SAID LICENSE IS FOR POLES, PIPES AND UNDERGROUND CONDUIT AS SHOWN ON RIGHT-OF-WAY MAP No. 5041, DATED NOVEMBER 15, 7977. 10 50-FT WIDE GAS PIPELINE EASEMENT IN FAVOR OF PG&E RECORDED JANUARY 21, 2010 AS DOCUMENT No, 0210008590, O.R. 11 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER PM 12062 PH 1, PM BK 60, PGS 76-79 210-FT WIDE SPECIFIC PLAN LINE RESERVATION FOR THE KERN RIVER FREEWAY ALIGNMENT, NOW REFERRED TO 12 AS THE WESTSIOE PARKWAY, PER RESOLUTION No. 738-91 ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON JULY 17, 1991. \211 210-FT WIDE SPECIFIC PLAN LINE RESERVATION FOR THE WEST BELTWAY ALIGNMENT, PER RESOLUTION Nos, 043-04 AND 044-04 ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON FEBRUARY 25, 2004. 14 50-FT SETBACK TO HABITABLE STRUCTURE AS DISCLOSED IN COVENANT RECORDED ON FEBRUARY 22, 2016, AS DOC. No. 0216021350, O.R., AND AS SHOWN ON PM 12062 PH 1, PM BK 60, PGS 75-79. - STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD RECORDED ON JUNE 72, 2014 AS DOC. No. 0214066703, O.R. 16 LANDSCAPE, SIDEWALK & PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD RECORDED ON AUGUST 8, 2014 AS DOC. No. 0214093268, O.R. 17 LANDSCAPE WALL AND PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD PER DEDICATION ON TRACT MAP No. 7240 PHASE 2, MB 60, PGS 185-189. 18 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER TR 5875 PH 2, MB 45, PGS 39-40 19 SPECIFIC PLAN LINE RESERVATION FOR THE WEST BELTWAY & WESTSIDE PARKWAY INTERCHANGE, PER RESOLUTION No. 263-04(7) ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL ON APRIL 19, 2017 20 STREET RIGHT-OF-WAY DEDICATION TO CITY OF BAKERSFIELD PER PM 72062 PH 2, PM BK 60, PGS 153-157 21 PUBLIC UTILITIES EASEMENT TO CITY OF BAKERSFIELD PER PM 72052 PH 2, PM BK 60, PGS 153-157 22 5-FT WIDE POLE LINE EASEMENT TO PG&E RECORDED ON JULY 7, 2017 AS DOC. No. 0217087476, O.R. 23 VARIABLE-WIDTH STREET R/W DEDICATION TO CITY OF BAKERSFIELD PER PM 12232, BK 60, PGS 192-200 24 RUE, SIDEWALK & LANDSCAPE EASEMENT TO CITY OF BAKERSFIELD PER PM 72232, BK 60, PGS 192-200 25 PUE, TRAIL & LANDSCAPE EASEMENT TO CITY OF BAKERSFIELD PER PM 12232, BK 50, PGS 192-200 26 SIDEWALK, LANDSCAPE AND PUBLIC UTILITES EASEMENT TO CITY OF BAKERSFIELD RECORDED ON DECEMBER 6, 2017 AS DOC. No. 0277165645, 0.R. L,AN0 PAGE 6OF8 W. 757'i xp2/� r\//D ACQUISITION MAP DRAWN BY. K.MacNeill WESTSIDE PARKWAY DATE: 07/20/2018 WITHIN PM 12062 PH 2 ACpd2IF Freeway-RWs.01 09/19/18 CC A GENDA PA CKET PG 391 EXHIBIT "B" MONUMENT LEGEND @ N14 COR SEC 4, 30126, KCS MON W1 BRASS CAP IN LH PER KCS FILED MAP No. 7-1, BK 5, PC 200 NW COP SEC J, 30126, KCS CONC MON IN LH REPLACED NOV 1951 PER ROS FILED AUGUST 28, 1992 IN ROS BK 17, PC 97, /N THE OFFICE OF THE KERN COUNTY SURVEYOR. N14 CDR SEC J, 30126, KCS CONC MON IN LH REPLACED NOV 1961 PER ROS FILED AUGUST 28 1992 IN ROS BK 17 PC 97, IN THE OFFICE OF THE KERN COUNTY SURVEYOR, 6"CONC MON W1 BRASS CAP MKD 'RCE 33448-PER PM 12062 PH 1, Pm BK 60, PGS 76-78. 2"IP W1 2"X2"RWD HUB & TAG MKD 'RCE 33448"PER PM 72062 PH 7, PM BK 60, PGS 76-78. 0 REBAR& CAP MKD 'RCE 33448"PER PM 12062 PH 1, Py BK 60, PGS 76-78, REBAR & CAP MKD IS 4383"PER ROS FILED AUGUST 28, 1992 IN ROS BK 17 PC 97 IN THE OFFICE OF THE KERN COUNTY RECORDER. O SE COR SEC 4, 30126, B.C. MKD "RE 3564"PER ROS FILED AUGUST 28, 7992 IN ROS BK 17, PC 97 IN THE OFFICE OF THE KERN COUNTY RECORDER, S14 COR SEC 4, CALTRANS CONC MON W1 2-112" BRASS CAP MKO IS 545j" PER CORNER RECORD No. 20-2609-4 FILED OCTOBER 17, 2002 IN THE OFFICE OF THE KERN COUNTY SURVEYOR. X 2"IRON PIPE MKO 'RCE 33448-PER PM 72232, PM BK 60, PGS 192-200 0 6"CONC. MON W1 2"BRASS CAP MKD "RCE 33448"PER PM 12232, PM BK 60, PGS 192-200. El 2"IRON PIPE MKD 'RCE 33448-PER PM 12062 PH 2, PM BK 60, PGS 153-757. PARCEL LEGEND TRACT MAP No. 7240 PHASE 5, PER MAP FILED ON APRIL 13, 2078, IN MB 52, PGS 121-125 CROSS VALLEY CANAL (FEE PARCEL) PER FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531, O.R. CROSS VALLEY CANAL (FEE PARCEL) PER DEEDS RECORDED AUGUST 30, 2007 AS DOCUMENT No. 0207780759, OR, AND MAY 78, 2015 AS DOCUMENT No, 0215062306, O.R. 4 TRACT MAP No. 7240 PHASE 1, PER MAP FILED JUNE 16, 2015 IN MB 60, PGS 780-184. 5 TRACT MAP No. 7240 PHASE 2, PER MAP FILED JUNE 16, 2015 IN MH 60, PGS 185-189, 6 TRACT MAP No. 6.300, PER MAP FILED FEBRUARY 6, 2007 IN M8 57, PGS 33-35 7 GRANT DEED PER DOC. No. 0207090189, O.R. O TRACT MAP No. 5875 PHASE 2, PER MAP FILED ON AUGUST 27 7999 IN MB 45, PGS 39-40 OCITY OF BAKERSFIELD FEE PARCEL PER FINAL ORDER OF CONDEMNATION RECORDED ON AUGUST 11, 2006 AS DOC. No. 0205797579, O.R. 9 PARCEL I OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN PM BK 60, PGS 153-157 8 PARCEL 2 OF PARCEL MAP No. 12062 PHASE Z PER MAP FILED 03I0712017 IN PM BK 60, PGS 153-157 9 PARCEL J OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN Pm BK 60, PGS 153-157 13 PARCEL 4 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712077 IN PM BK 60, PGS 753-157 14 PARCEL 5 OF PARCEL MAP No. 12062 PHASE 2, PER MAP FILED 0310712017 IN Pm 8K 60, PCs 753-757 15 TRACT MAP No. 7240 PHASE J, PER MAP FILED JANUARY 31, 2017 IN MB 62, PGS 75-78. 16 PARCEL "C" OF PARCEL MERGER No. 16-0782 PER CERTIFICATE OF MERGER RECORDED ON SEPTEMBER Z 2016 AS DOCUMENT No, 0216120378, O.R. (17) PARCEL "0" OF PARCEL MERGER No. 16-0782 PER CERTIFICATE OF MERGER RECORDED ON SEPTEMBER Z 2016 AS DOCUMENT No. 0216720J78, O.P. 18 PARCEL "A" OF PARCEL MAP No. 72232, PER MAP FILED 10103I2077 IN PM BK 60, POS 192-200 19 PARCEL 7 OF PARCEL MAP No. 72232, PER MAP FILED 7010312017 IN PM BK 60, PGS 792-200 PARCEL 2 OF PARCEL MAP No, 12232, PER MAP FILED 1010312017 IN Pm BK 60, PGS 192-200 21 PARCEL J OF PARCEL MAP No. 12232, PER MAP FILED 1010312017 IN PM BK 60, PGS 192-200 22 PARCEL 4 OF PARCEL MAP No. 72232, PER MAP FILED 70/03/2017 IN PM BK 60, PGS 792-200 23 PARCEL 5 OF PARCEL MAP Na 12232, PER MAP FILED 10103I2017 IN PM BK 60, PGS 792-200 24 PARCEL 6 OF PARCEL MAP No. 12232, PER MAP FILED 1010312017 IN PM BK 60, PGS 792-200 L1111) PAGE 7 OF 8 F, 12,1311 11 R/W ACQUISITION MAP DRAWN BY: K. MacNeill SJWESTSIDE PARKWAY DATE: 07/20/2018 OF WITHIN PM 12062 PH 2 ACAD FILE: Ph-2-Freeway-RWs.01 ®9/19/1 8 CC A GENDA PA C PG 392 EXHIBIT "B" SYMBOL LEGEND P" PARCEL MAP PUS PUBLIC UTILITIES EASEMENT OR OFFICIAL RECORDS POE POINT OF BEGINNING POO POINT OF COMMENCEMENT NOS KERN COUNTY SURVEYOR ROD RECORD OF SURVEY IH LAMPHOLE COB CITY OF BAKERSFIELD (D PARCEL IDENTIFICATION NUMBER Q EASEMENT IDEN TITICA TION NUMBER 36k)) OIL WELL IDEN TIFICA TION NUMBER EXISTING OIL WELL ANDIOR WATER WELL, AS DESCRIBED OIL WELL REFERENCE LEGEND 26kll)) KCL 42A-4, SANTA FE MINERALS, INC., ABANDONED 7217217961 3 KCL–G 7, MILLER & YORK OIL OPERATIONS, ABANDONED 02123I7951 4 TENNECO 54X-4, MCFARLANO ENERGY INC., ABANDONED 0112311987 5((W)) KCL–G 2, CONTINENTAL OIL CO., ABANDONED 0210811945 6 KCL 57X-4, ARCO WESTERN ENERGY, ABANDONED 0111311969 7(6j) KERNCO 31-3, UNION OIL COMPANY OF CALIF., ABANDONED 0711711997 oA PAGE 8 OF 8 No. 7,'--,7 3 L,p, 12/,31/19 R /W ACQUISITION MAP DRAWN BY K. MacNeill rE WESTSIDE PARKWAY 07/20/2018 Of� cm-\O�" DATE: WITHIN PM 12062 PH 2 ACAD FILE: Ph-2-Freeway-RWs.01 09119118CCAGENDAPACKETPG 393 Map Check Report Client: Prepared by: City ol'Bakersfield Kathryn F.MacNeill,PLS 7573 Property Manager's Office BoltlIOLISC Properties,LLC SRR Freeway R/W Acquisition 11601 Bolth0Usc Dr.,Ste 200,Bakersfield,CA 93311 Date:07/20/2018 Parcel Name: SRR FREEWAY R/W ACQUISITION-GROSS AREA Description: PORTION OF FREEWAY WITHIN PM 12062 PH 2 Process segment order counterclockwise: False Linable map check across chord:True Segment 9l : Line Course:S89'27'56.841,' Length:675.9910' North:-3486,0552' 1�'ast:5931.7896' Sel,uncrit 92 : Line Course: S43'1 1'16.16"W Length: 1233.6519' North:-4385.5282' Fast:5087.4879' Segment 93 : Curve C7 Lcru,tli:2002.9636' Radius: 5000.0000' Delta:022'57'08" Tangent: 1015.09301 Chord: 1989.5978' Course: S54'39'50.25"W Course In:N46'48'43.84"W Course Out: S23'5 1'35,66"E R11 North:-963.5674' East: 1441.9174' End North:-5536.2536' East:3464,4259' Segment 94 : Line L2 I Course:S43'2 VI 3,00"E I.,en-th: 111.2416' North:-56x17.1408' East:3540.7931' Segment#5 : Curve Cl Length: 1938.7665' Radius:5105.0000' Delta:021'45'35" Tangent:981.2051' T Chord: 1927.1362' Course: S76'36'1 1.85"W Course In:N24'16'35.56"W Course Out: S02'3 l'OO.73 E R11 North:-963.5675' East: 1441.9172' End North:-6063 6429' East: 1666.0959' Segment#6 : Line L30 Course:N00'16'02.25"E Length:210,2588' North:-5853.3864' Fast: 1667.0767' Scoment 97 : CL1rV0 C25 Length:3774.1065' Radius:4895.0000' Delta:044'10'33" Tangent: 1986.4476' Chord:3681.3172' Course:N65'16'32.53"E Course In:NO2'38'1 1.09"W Course Out: S46'48'43.84"E RI)North:-963.5675' East: 1441.9172' End North:-4313.6670' East:5010.9309' Segment 98 : Line 1_31 I Course:N43°11'16.16",? Length:357.2428' North:-4053.1962' East:5255.4250' Segment 99 : Line L32 Course:N38'56'45.38"E Length:615.2600' North:-3574,6843' East:5642.1694' Not-Ili:-3574.6843' East:5642.1695' Segment 410 : Line 1,33 Course:N84'06'22.84"W Length:388.9100' North:-3534.7501' East:5255.3152' KM>U-15tockdale Ranch iFreewaysIP17ase-2-RWsiClosures-SRR-Ph2Freeway-2018-07-20,olocx Page 1 of 3 09/19/18 CC A GENDA PA C PG 394 Stockdale River Ranch Freeway Right-of-Way Acquisition Map Check Report Segment#1 1 : Line L,26 Course:N00°32'03.16"E Length:55.0000' North:-3479.7525' East:5255.8280' Perimeter: 11363.3928' Area:777304.69 Sq.Ft. Error Closure: 0.0001 Course:N57°59'15.82"W Error North: 0.00004 East:-0.00007 Precision 1: 112456073.0000 GROSS AREA OF FREEWAY RIGHT-OF-WAY ACQUISITION: 17.844 GROSS ACRES Parcel Name: SRR FREEWAY R/W ACQUISITION-NET AREA Description: Gross Area,Excepting Therefrom Dedicated Rights-of-Way on Stockdale Highway and Stockdale Ranch Drive Process segment order counterclockwise:False Enable map check across chord:"Prue NET AREA 1:Between Stockdale Hi<*hway and Stockdale Ranch Drive Segment#l : Line Course:S89°27'56.84"E Length:625.3209' North:-3540.5803' East:9765.1334' Segrnent 42 : Line Course:S43°I1'16.16"W Length: 1158.8691' North:-4385.5281' East:8972.0125' Segment#3 : Curve C23 Length:428.9864' Radius:5000.0000' Delta:004°54'57" Tangent:214.6249' Chord:428.8549' Course: S45°38'44.64"W Course in:N46°48'43.84"W Course Out: S41°53'46.88"E RP North:-963.5674' East:5326.4420' End North:-4685.3375' East:8665.3680' Segment#4 : Curve C34 Length: 115.0448' Radius: 1545.0000' Delta:004°15'59" Tangent:57.5490' Chord: 1 15.0182' Course:N65°43'00.80"W Course In:S26°24'58.71"W Course Out:N22°08'59.69"E RP North:-6069.0166' East:7978.0127' End North:-4638.0368' East:8560.5261' Segment#5 : Curve C31 Length:466.4312' Radius:4895.0000' Delta:005'27'35" Tangent:233.3922' Chord:466.2548' Course:N45°55'03.36"E Course In:N41°21'09.43"W Course Out:S46°48'43.84"E RP North:-963.5674' East:5326.4420' End North:-4313.6670' East: 8895.4555' Segment 46 : Line 1-31 Course:N43°11'16.16"E Length:357.2428' North:-4053.1962' East:9139.9497' Segment#7 : Line L32 Course:N38°56'45.38"E Length:615.2600' North:-3574.6843' East:9526.6941' North:;574.6843' East:9526.6940' Segment 98 : Line L33 Course:N84°06'22.84"W Length:388.9100' North:-3534.7501' East:9139.8397' KM>U:j5tockdaleRanch(FreewayslPhase-2-RWsiClosures-SRR-Ph2Freeway-2018-07-20.docr Page 2 of 3 09/19/1 CC A GENDA PA CKET PG 395 Stockdale River Ranch Freeway Right-of-Way Acquisition Map Check Report Perimeter:4156.0653' Area: 188332.32 Sq.Ft, Error Closure: 0.0001 Course:N64°50'28.79"E Error North: 0.00003 East:0.00007 Precision 1:41557307.0000 ---TOGETHER WITH--- NET --NET AREA 2:South of Stockdale Ranch Drive Segment 41 : Line L30 Course:N00°16'02.25"E Length:210.2588' North;-5853.3864' East: 5551.6014' Segment 42 : Curve C28 Length:3205.7474' Radius:4895.0000' Delta:037°31'23" Tangent: 1662.7313' Chord:3148.7647' Course:N68°36'07.25"E Course In:NO2°38'1 1.09"W Course Out: S40°09'34.41"E RP North:-963.5676' East:5326.4418' End North:-4704.5783' East:8483.3174' Segment#3 : Curve C32 Length: 117.7617' Radius: 1455.0000' Delta:004°38'14" Tangent:58.9130' Chord: 117.7296' Course:S67°21'35.28"E Course In:S20°19'17.60"W Course Out:N24°57'31.83"E RP North:-6069.0167' East:7978.0127' End North:-4749.8975' East:8591.9748' Segment 94 : Curve C21 Length: 1476.2244' Radius:5000.0000' Delta:016'54'58" Tangent:743.5231' Chord: 1470.8725' Course:S57°40'54.94"W Course In:N40°46'34.46"W Course Out: S23°51'35.66"E RP North:-963.5677' East:5326.4418' End North:-5536-2538' East:7348.9504' Segment 95 : Line L2 Course:S43°21'13.00"E Length: 111.2416' North:-5617.1410' East:7425.3177' End North:-5617.1409' East:7425.3177' Segment#6 : Curve C I Length: 1938.7665' Radius: 5105.0000' Delta:021'45'35" Tangent:9812051' Chord: 1927.1362' Course:S76'36'1 1.85"W Course In:N24°16'35.56"W Course Out: S02°31'00.73"E RP North:-963.5675' East:5326.4418' End North:-6063.6429' East:5550.6205' Perimeter:7060.0044' Area: 542715.45 Sq-Ft. Error Closure: 0.0002 Course:S33°38'33.93"W Error North: -0.00013 East:-0.00008 Precision 1:34930017.0000 TOTAL NET AREA OF FRFFWAY RICHT-OF-WAY ACQUISITION: 16.782 NET ACRES KM>U:15tockda/e RanchlFreewaysIPhase-2-RwsIC/osures-SRR-Ph2.Freeway-2018-07-2.0.docr Page 3 of 3 09/19/1 CC A GENDA PA CKET PG 396 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids r. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 8/31/2018 WARD: SUBJECT: Accept the bid and approve the contract with Gotham Poured Rubber Corporation ($92,280)for the replacement of playground rubberized surfacing at various parks. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited for the replacement of playground rubberized surfacing at various parks. Two bids were received in response to the solicitation. City parks have rubberized surfacing as a safety requirement under playground structures. This surface deteriorates over time due to weather conditions and general use. To maintain compliance with public playground safety requirements, several parks are in need of partial or complete rubberized surfacing replacement. The bid specifications identified parks in immediate need of repair or replacement. The parks affected are Amberton, Beach, Beale, Central, Deer Peak, Granite Point, Grissom, Jefferson, Patriots, Saunders, Seasons, Silver Creek, Solera Gardens, Stone Creek, Tevis, Tradewinds, University, Weston, Westwold and Windermere. The award is based on the total for said parks. The two bids include: BIDDER AMOUNT Gotham Poured Rubber Corporation$92,280 San Diego, CA SpectraTurf Corona, CA $175,410 City staff finds the low bid submitted by Gotham Poured Rubber Corporation, San Diego, California, to be acceptable and recommends approval of the contract in the amount of $92,280. 09/19/1 CC C T 397 Funds are budgeted in the Capital Outlay Fund; therefore, there is no General Fund impact. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint 09119118CCAGENDAPACKETPG 398 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and GOTHAM POURED RUBBER CORPORATION ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of rubberized surfacing. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 18-19-14 and any addenda thereto, all incorporated as though fully set forth herein. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. The following shall be deemed to part of this Agreement as if fully set forth herein: • Invitation to Bid No. 18-19-14 • Bid Proposal • Bidder Security • Non-Collusion Affidavit • Contractor Certification Regarding Debarment • Workers Compensation Insurance Certificate • Statement of OSHA Compliance • Statement of Compliance with Insurance Requirements • Insurance • Performance and Labor & Materials Bonds • All provisions required by law to be inserted in this Agreement Whether actually inserted or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of NINETY TWO 09/19/1 CC C T 399 THOUSAND TWO HUNDRED EIGHTY DOLLARS ($92,280) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TERM. The term of this Agreement shall be six (6) months from the date of execution. All work must be completed 180 days from the date of the contract. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 09/19/1 CC C T 400 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein. 12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771 .1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771 .1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451 . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 15. NO WAIVER OF DEFAULT. The failure of any party to enforce against 09/19/1 CC C T 401 another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less 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 , 09/19/1 CC C T 402 CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, 09/19/1 CC C T 403 but in no event less than A-:VII. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind 09/19/1 CC C T whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to 09/19/1 CC C T 5 the interpretation of this Agreement. 25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, CA 93301 CONTRACTOR: GOTHAM POURED RUBBER CORPORATION 3005 G Street 09/19/1 CC C T 406 San Diego, CA 92102 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 58-2632273 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] 09119118CCAGENDAPACKETPG 407 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD GOTHAM POURED RUBBER CORP. By: By: KAREN GOH Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT By: DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: By: NELSON SMITH Finance Director 09/19/1 CC C T 09/19/1 CC C T 9 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids s. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 9/5/2018 WARD: SUBJECT: Accept the bid from SHI International ($60,896.55)for Juniper® equipment for the City Manager's Office, Technology Services Division. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for a list of Juniper® brand replacement equipment for the City Manager's Office, Technology Services Division. Five bids were received in response to this solicitation. This purchase replaces and modernizes various pieces of networking equipment throughout the City known as switches. Switches are the building blocks of data and voice networks as they connect buildings to one another electronically as well as being the point where electronic devices plug into the network. They are electronic distribution points. The City has utilized Juniper®products for many years. The second lowest responsive bidder is a local vendor eligible for consideration of the three percent local preference Council policy. However, after application of the three percent differential, they were not the lowest bidder. The five bids include: BIDDER AMOUNT 3% LOCAL PREFERENCE ADJUSTED BID AMOUNT SHI International $60,896.55 Somerset, NJ Graybar $67,630.76 $65,601.84 Bakersfield, CA Ritmo -Technology Marketing & Management Services $71,889.68 Los Angeles, CA 09/19/1 CC C T 1 Zones, I nc. $72,306.56 Auburn, WA Golden Star Technology, Inc. $73,929.68 Cerritos, CA Funds are budgeted in the Equipment Management Fund for this purchase. City staff finds the bid submitted by SHI International, Somerset, NJ, to be acceptable. 09119118CCAGENDAPACKETPG 411 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids t. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 9/6/2018 WARD: SUBJECT: Accept the bid from Boise Mobile Equipment ($375,370.26)for the purchase of two replacement fire patrol units for use by the Fire Department. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of replacement fire patrol units for the Fire Department. Three bids were received in response to solicitation. The units to be replaced are more than 15 years old and have incurred high maintenance costs. Afire patrol unit is referred to as a Type 6 Engine, which is a four-wheel drive firefighting vehicle designed to be used on wild land/urban-interface fires, off-road rescues, and medical calls that require four-wheel drive to access the patient. Units are typically built on an F-450 chassis with a 250 gallon water tank, five gallons of Class A foam, and a 120 gallon per minute pump. The pump is powered by a separate engine, which allows the brush patrol to pump-and-roll, covering large open spaces in a short amount of time; particularly, in areas that are inaccessible with standard Type 1 Engines. The three bids received include: BIDDER AMOUNT MAKE/MODEL BID Boise Mobile Equipment 2019 Ford F-450 Boise, I D $375,370.26 Type 6 Patrol Rosenbauer South Dakota, LLC $386573 2019 Ford F-450 Lyons, SD , .60 Type 6 Patrol Detoric Emergency Equipment $427886 2018 Ford F-550 EI Dorado Hills, CA , .75 Type 6 Patrol 09/19/1 CC C T 412 City staff finds the bid submitted by Boise Mobile Equipment, Boise, Idaho to be acceptable. Funds are budgeted in the Equipment Management Fund to complete this purchase. 09119118CCAGENDAPACKETPG 413 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids u. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 9/7/2018 WARD: SUBJECT: Purchase of CNG powered derrick digger for the Public Works Department, General Services Division: 1. Accept the bid from Altec Industries, Inc., Dixon, California ($281,155.65), for one additional derrick digger. 2. Appropriate $96,200 in Equipment Management Fund balance to the Public Works Department's operating budget to fund said purchase. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the appropriation. BACKGROUND: Bids were solicited for a CNG powered derrick digger for the Public Works Department, General Services Division. One bid in the amount of $281,155.65 was received from Altec Industries, Inc., Dixon, California. The requested digger derrick truck is outfitted with a hydraulic pole puller and tamper. This versatile piece of equipment is needed to remove and reinstall wood or metal street light poles and traffic signal poles. In addition, the vehicle is able to transport poles to installation sites; hydraulically lift and remove old wood or metal poles out of the ground; bore holes in the ground for a new poles; crane the poles in place; tamp the soil around the new poles; and hoist any equipment to be mounted on the pole. A cost savings will be realized from City staff performing work that has been previously contracted. Therefore, purchase of the derrick digger is the most cost effective and responsive way for City staff to be able to safely remove and reinstall poles that are found to be defective. Funds in the amount of $185,000 are budgeted in the Equipment Management Fund for this purchase. An appropriation of $96,200 from the Equipment Management Fund balance is necessary to complete the acquisition. The total amount will be recouped within the Equipment 09/19/1 CC C T 414 Management Fund through future fleet rental rates. City staff finds the bid submitted by Altec Industries, Inc., to be acceptable and recommends approval of the purchase and appropriation of funds necessary to complete the purchase. 09/19/1 CC C T 415 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids v. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 8/31/2018 WARD: SUBJECT: Purchase of an asphalt patching truck for the Public Works Department, Streets Division: 1. Extend the bid from Gibbs Truck Center, Bakersfield ($221,900.70), for a diesel powered asphalt patching truck. 2. Appropriate $22,000 in Equipment Fund balance to fund said purchase. STAFF RECOMMENDATION: Staff recommends extension of the bid and approval of the appropriation. BACKGROUND: On June 20, 2018, the City Council accepted the bid from Gibbs Truck Center, Bakersfield, for the purchase of a replacement asphalt patching truck. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Gibbs Truck Center has indicated its approval to extend the unit cost of $221,900.70 for an asphalt patching truck. This purchase will replace a truck that is 12 years old that has been deferred for replacement in previous budget cycles. Funds in the amount of $200,000 are budgeted in the Equipment Management Fund for said purchase. An appropriation of $22,000 from the Equipment Management Fund balance is necessary to complete the acquisition. The $22,000 will be recouped within the Equipment Management Fund through future fleet rental rates. City staff recommends extension of the bid from Gibbs Truck Center and approval of the purchase and appropriation of the funds is necessary to complete said purchase. 09/19/1 CC C T 416 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids w. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/22/2018 WARD: Ward 5 SUBJECT: Tevis Ranch Planned Drainage Area Storm Water Lift Station Project: 1. Accept the bid and approve the contract with W.M. Lyles Co. ($869,510)for said project. 2. Appropriate $500,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3)to the Public Works Department's Capital Improvement Program Budget. STAFF RECOMMENDATION: Staff recommends acceptance of the bid, and approval of the contract and appropriations. BACKGROUND: The Tevis Ranch sump is interconnected to four other sumps within the same area; most of which do not percolate well. Through an agreement with Kern Delta Water, the City plans to drain storm water runoff from the Tevis Ranch sump to the Buena Vista Canal. The City has already constructed the outlet structure at the canal and force main between the sump and canal. This project involves the construction of the storm water lift station at the sump and connection to the existing force main. Other work includes modification of an existing masonry wall, installation of a new gate, clearing and grubbing, importing borrow and site grading, aggregate base surfacing, rock slope protection, minor concrete construction, construction of intake and wet well structures, debris boom installation, manifold piping, installation of submersible pumps, and electrical work and controls. The engineer's estimate for this project is $524,000. On August 23, 2018, a total of five bids were received; all bids were acceptable. Those acceptable bids include: W.M. Lyles Co. 1210 W. Olive Ave. in the amount of $869,510.00 Fresno, CA 93728 GSE Construction 6950 Preston Ave. in the amount of $912,200.00 09/19/1 CC C T 417 Livermore, CA 94551 Cora Constructors 75140 St. Charles. Pl. Ste.A in the amount of $929,000.00 Palm Desert, CA 92211 HPS Mechanical 3100 E. Belle Terrace in the amount of $1,009,170.00 Bakersfield, CA 93307 Caliagua, Inc. 223451-aPalma Ave. #106 in the amount of $1,259,048.00 Yorba Linda, CA 92887 City staff proposes to appropriate an additional $500,000 to fully fund the agreement and to provide sufficient funding for potential change orders, construction inspection services, and other miscellaneous costs. The significant variance between the engineer's estimate and the low bid is due to rising material costs and labor costs, in addition to limited subcontractor availability due to an improving economy. This project is funded with Sewer Enterprise funds; therefore, there is no impact to the General Fund. 09119118CCAGENDAPACKETPG 418 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids x. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/9/2018 WARD: Ward 2 SUBJECT: 24th Street Operational Improvements Project: 1. Accept the bid and award the contract with Griffith Company ($28,186,564)to construct said project. 2. Construction management agreement with NV5, Inc. (not to exceed $2,988,883.74), for construction management services. 3. Amendment No. 4 to Agreement 14-069 with TYLin International ($84,080; revised not to exceed $421,080) for support services during bidding and construction. STAFF RECOMMENDATION: Staff recommends accepting the bid, awarding the construction contract, approving the construction management agreement, and amending the agreement. BACKGROUND: The 24th Street Improvement Project consists generally of: • Expanding the 24th Street/Oak Street intersection to provide four lanes in both directions for 24th Street and to allow for additional turn lanes for Oak Street; • Widening 24h Street from four lanes to six lanes between Elm Street to C Street; and • Reconstructing and restriping the 23rd Street/24th Street one-way couplet roadway segments from D Street to 0.2 mile east of M Street to provide for four lanes in each direction. This project has a 14-month duration with the first order of work being the box culvert in the Carrier Canal. The project will be constructed with a day crew in the residential area between Elm Street and F Street and a night crew in the couplet area between F Street and M Street. The Oak Street intersection will mostly be constructed during the night shift to minimize traffic impacts. 09/19/1 CC C T 419 City staff recommends approval of the following three items associated with the project. Item#1: On September 11, 2018, three bids were received, all of which are acceptable. Those bids include: Granite Construction Company Bid: $36,917,147.10 585 West Beach Street Watsonville, CA 95076 Griffith Company Bid: $28,186,564.00 1128 Carrier Parkway Ave. Bakersfield, CA 93308 Security Paving Company, Inc. Bid: $35,504,415.90 13170 TelfairAvenue Sylmar, CA 91342 City staff recommends awarding this construction contract to Griffith Company, in the amount of $28,186,564.00 for the construction of the 24th Street Operational Improvements Project. This agreement is funded with 36.09 percent SAFETEA-LU Federal Funds and 63.91 percent local funds. Item#2: City staff issued a request for qualifications/request for proposals (RFQ/RFP) for construction management services for the 24th Street Improvements Project, Truxtun Avenue Operational Improvements Project, and Centennial Corridor Project (various phases). The following six firms responded to this RFQ/RFP: • AECOM • Caltrop • Hill International • K & B Construction Services Inc. • NV5, Inc. • WSP USA, Inc. (formerly Parsons Brinkerhoff) Based on a review of the proposals, the selection committee invited the following five firms to interview with the committee:AECOM, Caltrop, Hill International, NV5, Inc., and WSP USA, Inc. Based on the rankings of the proposals and the interviews, NV5, Inc., was selected as one of the most qualified to provide construction management services for the 24th Street Operational Improvements Project. After NV5, Inc., was selected, its cost for providing these services was then negotiated by City staff. Staff recommends approval of this agreement. This agreement is 100 percent locally funded. 09119118CCAGENDAPACKETPG 420 Item#3: Amendment No. 4 for TYLin International provides compensation for support services required during bidding, construction, and close-out survey and monumentation for the project. The City negotiated the cost for construction support services with the design consultant during negotiations of the original design contract, but this work was not to be awarded until construction was to begin. The legal challenges and delays, the addition of landscape plans and the additional requirements for close-out survey and monumentation, increased the proposed cost for support services during construction from $337,000 to $421,080. City staff concurs with the increased amount and recommends approval of the amendment to Agreement 14-069 for these support services in the amount of$421,080.00. This agreement is 100 percent locally funded. Local funds will be comprised of County Contribution funds and Gas Tax funds for each of these agreements. ATTACHMENTS: Description Type D Gid ffi th C onstirUDU 01r]/kg reeirnent /kgireeirneint D NV5 CM/kgireeirneint /kgireeirneint D NV5 ExhNt/k ExhNt D NV5 ExhNt IB ExhNt D TY I i'in/kirneindirneint 4 /kgireeirneint D TY I i'in IB3 Scope of Work BackU�P IMateirila. � D TY I i'in C3 Cost PirqpsaBackU�P IMateirila. � 09119118CCAGENDAPACKETPG 421 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 GRIFFITH COMPANY, (a California Corporation) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the 24th Street Improvement Project ("Project"), as set forth herein, part or all of which is paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. The following documents are incorporated herein as if fully set forth: ➢ Notice to Contractors ➢ Special Provisions ➢ Bid Proposal ➢ Bidder's Bond ➢ Performance Bond ➢ Material and Labor Bond ➢ Letters of transmittal, if any ➢ All provisions required by law to be inserted in this Agreement CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 1 Of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 422 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) ➢ Required Contract Provisions Federal-Aid Contracts (Form FHWA1273, Exhibit 12-G) ➢ Subcontracting Request Form (Exhibit 16-13, LAPM) ➢ Prevailing Wage Rates (Davis-Bacon) ➢ Title VI Assurances and Appendices 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 $ 28,186,564.00 ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention 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, CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 2 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 423 or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law. 3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 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 CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 3 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 424 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. 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 CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 4 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 425 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 another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 5 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 426 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 Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 6 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 427 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 Applyinq 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 orwhich 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-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. CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 7 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 428 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. 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, CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 8 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 429 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. 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 CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 9 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 3 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. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 10 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 431 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: GRIFFITH COMPANY 1128 Carrier Parkway Avenue Bakersfield, California 93308 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 35. CONTRACTOR'S LICENSE INFORMATION. License Number 88 Expiration Date 9/30/2018 License Classification Class A CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 1 1 Of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 432 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95-0795590 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 GRIFFITH COMPANY By: By: KAREN GOH Mayor PRINT NAME: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT-Federal Funds Page 12 of 12 S:\1-TRIP PROJECTS\12-24th Street Widening\550-Construction\550AA-Contract\Contractor\Construction Projects Agr.Docx Updated-September 11,2017 09/19/1 CC C T 433 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS,the CITY OF BAKERSFIELD,a municipal corporation, hereinafter designated the"Owner," has on September 19, 2018, awarded to GRIFFITH COMPANY, a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for 24th Street Improvement Project; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and NOW, THEREFORE,WE,the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of Twenty-Eight Million One Hundred Eighty-Six Thousand Five Hundred Sixty-Four Dollars ($ 28,186,564.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators,successors,or assigns,shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their 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 shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond,will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1)year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1)year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address &Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 09/19/1 CC C T 434 MATERIAL LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKERSFIELD, a municipal corporation, hereinafter designated the "Owner," has, September 19, 2018, awarded to GRIFFITH COMPANY, a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for 24th Street Improvement Project; and WHEREAS,said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE,WE, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of Twenty-Eight Million One Hundred Eighty-Six Thousand Five Hundred Sixty-Four Dollars($28,186,564.00), lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 9550 through 9566 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed,or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall inure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 9100, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF,the above mentioned parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address &Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 09/19/1 CC C T 435 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (To be completed by the Contractor, if he elects to substitute securities in lieu of retention) THIS ESCROW AGREEMENT is made and entered into by and between: whose address is hereinafter called "Owner"; whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the AContract@). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10)days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7)days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 09/19/1 CC C T 436 8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: Title Title Name Name Signature Signature 09/19/1 CC C T 437 GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: 24th Street Improvement Project awarded on September 19, 2018, between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for Roadway Improvements, and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (1)year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects. Within twenty-four(24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. Dated Contractor's Name Authorized Signature 09/19/1 CC C T 438 GUARANTEE EQUIPMENT CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: 24th Street Improvement Project awarded on September 19, 2018, between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for Roadway Improvements,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made: Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one(1)year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Dated Contractor's Name Authorized Signature 09/19/1 CC C T 439 WARRANTY BOND BOND NO.: KNOW ALL MEN BY THESE PRESENTS: THAT we, as Principal, and a corporation organized and doing business under and by virtue of the laws of the State of and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF BAKERSFIELD as Obligee, in the sum of Twenty-Eight Million One Hundred Eighty-Six Thousand Five Hundred Sixty-Four Dollars($28,186,564.00),for which payment,well and truly to be made, we bind ourselves, or heirs, executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to CONSTRUCT THAT PROJECT ENTITLED 24th Street Improvement Project. WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of asphalt concrete as described therein for a period of two years following the acceptance of the contract. NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of two years from and after acceptance of the said asphalt concrete by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF,the above mentioned parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal, Title (Seal) Surety Surety Address &Telephone No. Signature for Surety, Title (Attach notarization form for each required signature) 09/19/1 CC C T AGREEMENT NO. CONSTRUCTION MANAGEMENT AGREEMENT This CONSTRUCTION MANAGEMENT AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and NV5, Inc., authorized to conduct business in California ("MANAGER"). R E C I T A L S WHEREAS, CITY is undertaking the following project: Construction of the 241n Street Operational Improvements Project (the "Project"); and WHEREAS, CITY issued a Request for Qualifications/Request for Proposals ("RFQ/RFP") for construction management services for the Project, and MANAGER submitted a proposal; and WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work; and WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and WHEREAS, based on MANAGER's representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein; and WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows: 1. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the scope of work description prepared by MANAGER, attached hereto and incorporated herein as Exhibit A ("Scope of Work"). MANAGER's services must include all MANAGER AGREEMENT Page 1 of 1 1 09/19/1 CC C T 441 the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay MANAGER as follows ("Compensation"): 2.1 Actual Costs. CITY will reimburse MANAGER's actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $2,806,508.75 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in MANAGER's cost proposal attached hereto and incorporated herein as Exhibit B. 2.2 Fixed Fee. CITY will pay MANAGER a total fixed fee of $182,374.99, based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. CITY will pay MANAGER within 30 days after MANAGER submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to MANAGER for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to MANAGER. In no case will CITY compensate MANAGER more than $2,988,883.74 for performing the Scope of Work. 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2021 . 4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the MANAGER's performance under this Agreement, CITY may terminate this Agreement after providing MANAGER with ten-days written notice. 5. STARTING WORK. MANAGER shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 6. TIME FOR COMPLETION. MANAGER must complete all assigned tasks set forth in the Scope of Work no later than December 31, 2020. 7. CONTRACT ADMINISTRATOR. CITY's Contract Administrator is: Kristina Budak, P.E., City Program Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 MANAGER AGREEMENT Page 2 of 1 1 09/19/1 CC C T 442 Telephone: (661 ) 326-3700 MANAGER's Project Manager shall be designated as: Jeff Pallesen, P.E., V.P., Civil Program Management NVS, Inc. 4700 Stockdale Highway, Suite 100 Bakersfield, CA 93309 Telephone: (661 ) 588-6652 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and MANAGER, respectively. 8. COMPLIANCE WITH ALL LAWS. MANAGER shall, at MANAGER's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 9. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER's performance of the Scope of Work as an independent contractor. MANAGER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with MANAGER other than that of an independent contractor. 10. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed. 11. EQUIPMENT. MANAGER will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 12. KEY PERSONNEL. MANAGER shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. MANAGER shall provide background for each of the key personnel including,without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER shall not change such personnel without CITY's written approval. 13. LICENSES. MANAGER shall, at MANAGER's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and MANAGER AGREEMENT Page 3 of 1 1 09/19/1 CC C T 443 effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for MANAGER to practice its profession in the State of California and perform the Scope of Work. MANAGER must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If MANAGER is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If MANAGER is a partnership, at least one partner shall hold the required licensees or professional degrees. MANAGER must provide proof that the requirements of this section are met when requested by CITY. 14. CONFLICTS OF INTEREST. MANAGER hereby represents that both corporately and individually the firm and its employees and subconsultants: 14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon MANAGER's performance of the Scope of Work; and 14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771 .1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771 .1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451 . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. ACCEPTANCE OF WORK. CITY's acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement. 17. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve MANAGER AGREEMENT Page 4 of 1 1 09/19/1 CC C T 444 to vary the terms of this Agreement. 18. INSURANCE. 18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1 ,000,000 per occurrence. 18.1.2 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1 ,000,000 per occurrence. 18.1.3 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 18.1.3.1 Provide contractual liability coverage for the terms of this Agreement; 18.1.3.2 Provide products and completed operations coverage; 18.1.3.3 Provide premises, operations, and mobile equipment coverage; and 18.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 18.1.4 Workers' compensation insurance with limits of not less than $1 ,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, MANAGER must submit to CITY the following certification MANAGER AGREEMENT Page 5 of 1 1 09/19/1 CC C T 445 before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, MANAGER is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 18.2 General Provisions Applyinq to All Insurance Types. 18.2.1 All policies required of MANAGER must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 18.2.2 Except for professional liability insurance, all policies required of MANAGER must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of MANAGER's insurance and must not contribute with it. 18.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or MANAGER AGREEMENT Page 6 of 1 1 09119118CCAGENDAPACKETPG 446 insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 18.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 18.2.5 Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 18.2.6 It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement. 18.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section. 19. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify MANAGER of third party claims relating to this contract. CITY shall be allowed to recover from MANAGER, and MANAGER shall pay on demand, all costs of notification. 20. INDEMNITY. 20.1 MANAGER shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from MANAGER's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER's employees, agents, independent contractors, MANAGER AGREEMENT Page 7 of 1 1 09/19/1 CC C T 447 companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the MANAGER shall indemnify, defend and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER. 21. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 22. CONFIDENTIALITY. During the term of this Agreement, MANAGER may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, MANAGER will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent. 23. ACCOUNTING RECORDS. MANAGER shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at MANAGER's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. MANAGER AGREEMENT Page 8 of 1 1 09/19/1 CC C T 448 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 27. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 28. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 29. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 30. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 31. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 32. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. MANAGER AGREEMENT Page 9 of 1 1 09119118CCAGENDAPACKETPG 449 33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by MANAGER shall be prohibited unless authorized by CITY. 34. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 35. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, CA 93301 MANAGER: NV5, Inc. 4700 Stockdale Highway, Suite 100 Bakersfield, CA 93309 36. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 37. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 38. TAX NUMBERS. MANAGER's Federal Tax ID Number 94-2706173 MANAGER 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" "MANAGER" CITY OF BAKERSFIELD NV5, Inc. By: By: MANAGER AGREEMENT Page 10 of 11 09/19/1 CC C T 450 KAREN GOH TODD GEORGE Mayor CCO NV5 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND DEPUTY CITY ATTORNEY 11 [Signatures on Following Page] Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibits A and B MANAGER AGREEMENT Page 11 of 11 09119118CCAGENDAPACKETPG 451 N V 5 BEYOND ENGINEERING EXHIBIT B SCOPE OF CONSULTANT SERVICES FOR 24TH STREET IMPROVEMENT PROJECT CONSTR UCTION MANA GEMENT DESCRIPTION OF PROJECT Provide construction management services including construction observation, materials testing, and contract administration for the 24th Street Improvement Project(Project Plans and Provisions provided on April 25, 2018). NV5 shall furnish a licensed Civil Engineer as Construction Manager during the contract period. NV5 will also provide roadway observation services, materials testing, biological monitoring, paleontological monitoring, source inspection and support staff, as needed, during the course of the construction. As part of TRIP'S overall Construction Management Team, the City of Bakersfield (City) will assist with utility coordination to remove existing utilities. The construction Contractor will be required to perform the construction staking for the project. The NV5 Construction Manager will oversee the review of construction observations and major contract items such as construction change orders and claims. The Construction Manager shall be responsible for coordination with the City of Bakersfield and shall act as the key point of contact with the City. The Construction Manager shall also be responsible for coordination of the Construction Management staff and will oversee the daily interaction with the Contractor, the City, and other public agencies. NV5 shall complete the following contract administrative services. Task 1 —Preconstruction Services REVIEW PS&E NV5 will review the PS&E documents including contract plans, specifications,permits, and utility or property agreements to become familiar with the design intent prior to the beginning of construction. During the review, the Construction Management staff will look for inclusion of key construction and contract administration specifications such as contract payment requirements, lane closure hours, working days and expected Contractor submittal review times, which will be important towards overseeing construction of the project. 09119118 CC AGENDA PACKET PG 452 REVIEW RESIDENT ENGINEER'S FILE The City shall provide the Resident Engineer's file to NV5 for review. The Construction Management staff will then review the Resident Engineer's file, as prepared by T.Y. Lin International(TYLI),which shall consist of memos to the Resident Engineer and technical reports including utility information, utility relocation agreements, right of entries and stipulations, status of regulatory permit obligations, utility permits, quantity calculations and backup information, structures calculations, materials reports, and any other pertinent studies. PROJECT SCHEDULES NV5 will prepare an independent review of the construction schedule developed by the designer (TYLI), if provided. The primary objective will be to determine if the project can be constructed within the required timeframe. KICK-OFF MEETING The Construction Management staff will attend a meeting with the City and TYLI to discuss the design, schedule, coordination of responsibilities with the Construction Management staff, and to answer questions and discuss contract administration procedures. PRECONSTRUCTION MEETING NV5 will hold a preconstruction meeting after contract award and before start of work. The purpose of this meeting will be to review the project, discuss coordination efforts, discuss the change order process, and review the Contractor's recourse in the event of a dispute. NV5 will prepare a letter to be forwarded to the Contractor requesting items such as the Contractor's Baseline CPM schedule, code of safe practices, list of material sources, a letter authorizing individuals to sign change orders and bind the firm, and a stormwater pollution prevention plan for the project. The Construction Management staff will discuss these and other pertinent construction contract administration issues at the preconstruction meeting and review these items. Task 2— Construction Management Services during Construction Through more extensive onsite observations of the work in progress and field checks by the construction management staff, NV5 shall endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but, the furnishing of such services will not make NV5 responsible for or give NV5 control over construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Contract Documents. The Construction Management staff shall be responsible for the following activities: 24th Street Improvement Project—Scope of Consultant Services July 2018 2 09/19/1 CC C T 453 Task 2.1 —Project Coordination and Correspondence INTERACTION WITH CITY STAFF NV5 will serve as the main contact for the Contractor, the City, and other agencies to assist in understanding the intent of the Contract Documents. INTERACTION WITH DESIGNERS The Construction Management staff will interact with TYLI, as the design team responds to submittals, clarification requests and considers proposed contract changes. DOCUMENT CONTROL The Construction Management staff will maintain, at the job site, orderly files for correspondence, submittals, shop drawings and samples, reproductions of original Contract Documents including all Addenda, Change Orders, additional drawings issued subsequent to the execution of the Contract, and clarifications and interpretations of the Contract Documents,processing of Requests for Information (RFI),progress reports, and other project related documents. In addition, the NV5 Construction Management staff will assist T.Y. Lin International in maintaining the project's document control file in the City's Primavera Contract Management database. PROGRESS MEETINGS NV5 will hold weekly progress meetings with the Contractor to review construction progress, consider schedules and work in progress, and facilitate communication and documentation. At these meetings, the Contractor will be asked to identify the work completed and explain his plan of activities for the coming period. The Construction Management staff will prepare meeting agendas and keep the minutes of the meetings, assigning action items, responsibilities and documenting project trends. Task 2.2 —Schedule Management, Progress Meetings, and Reports REVIEW SCHEDULES The Construction Management staff will analyze both the construction baseline schedule and schedule updates proposed by the Contractor. Analysis of the schedules will look for flaws and areas of special concern(including impacts of weather and change orders). The construction schedule will be reviewed on a monthly basis with the Contractor. The previous schedule and the Contractor's updated schedule will be reviewed for potential problem areas, current and anticipated delaying factors and their impact, actions taken or proposed by the Contractor,proposed changes in CPM schedule logic, out of sequence work, and any other topics related to job progress or scheduling. Deviations and problem areas in the schedule will be pointed out to the Contractor and recorded in the project records. 24th Street Improvement Project—Scope of Consultant Services July 2018 3 09/19/1 CC C T 454 STATEMENT OF WORKING DAYS The Construction Manager will prepare a record of weather conditions, controlling item(s)and the status of working days remaining on a weekly basis. A copy will be sent to the Contractor to allow him an opportunity to review and comment, if necessary. PROJECT REPORTING NV5 will provide Weekly and Monthly Project status reports. The Weekly Project Status Reports will provide information relative to construction currently in progress as well as an update on activities that affect the public and vehicle traffic. The Monthly Project Status Reports will include: 1) narrative on progress to date, 2) status of submittals and change orders, 3)potential claims, 4) summary statement of working days, and 5)progress pay estimates. Task 2.3 —Payment Recommendations MONTHLY PAYMENT REVIEW The Construction Management staff will review applications for payment with the Contractor and negotiate any differences between the amount requested and the engineer's estimate for work completed.Payments will be processed through the City's Resident Engineer and Project Manager. The estimate will include a systematic determination of the quantities of work completed and their values. Task 2.4 —Submittal Management When the Construction Management staff receives submittals from the Contractor, they will be stamped, logged in by date of receipt, and forwarded to the Design Engineer for review and processing. The Design Engineer, TYLI,will have primary responsibility for all submittal reviews. When submittals have been reviewed by the Design Engineer and returned to the Construction Management staff, the Construction Management staff will keep track of the submittal status and be responsible for returning it to the Contractor. Submittals associated with design changes or change orders will also be reviewed by the City or TYLI. The Construction Management staff will monitor the progress of the submittals and coordinate actions which have impact on the project budget or schedule as necessary. Task 2.5 —Requests for Information (RFIs) The Construction Management staff will manage Contractor requested clarifications during construction. These clarifications are to be presented in writing by the Contractor for submittal to NV5. The Construction Management staff will help expedite construction activity for the project by establishing and monitoring a systematic means of responding to such questions. All RFIs will be reviewed by the Construction Management team and where appropriate, responded to by the team. RFIs dealing with issues related to the design intent will be distributed to TYLI for a response. 24th Street Improvement Project—Scope of Consultant Services July 2018 4 09/19/1 CC CK T 455 Task 2.6—Change Orders The Construction Management staff will evaluate, negotiate, recommend, and prepare contract change orders. This will include coordination with City staff, TYLI, and/or Caltrans construction liaison for recommended possible revisions and ultimate approval. Task 2.7—Construction Observation Services DOCUMENTATION OF PROJECT EVENTS Several forms of documentation and correspondence will be used during this project. NV5 will use records, such as photographs, to document existing conditions prior to construction, major features, and construction progress. Daily diaries will be the core of project documentation. In addition to our forms and applicable forms required by City and TRIP,NV5 will keep diaries. Daily diaries will be performed by each inspector and the Construction Manager. The Construction Manager will review the diaries of the Construction Management staff. Information from the Construction Manager and inspector's field data will include measurements of bid items on the project cost breakdowns. This data will be used to assist with the monthly progress payments. The Construction Management staff will conduct onsite observations of the work in progress to determine that it is, in general,proceeding in accordance with the Contract documents. The Construction Management staff shall advise the Contractor whenever they believe that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged,or does not meet the requirements of any field observation,test or approval required to be made; and advise the Contractor of work that should be corrected or rejected or should be uncovered for observation, or requires special testing, or approval. Task 2.8 —Quality Assurance Testing/ Quality Control MATERIALS TESTING AND QUALITY CONTROL NV5 personnel or subconsultants shall provide construction observation, material testing and quality control for the project. Construction observation, material testing and quality control shall conform to the State of California Construction Manual and Material Testing Manual. The Construction Management staff shall receive construction observation requests and samples which are furnished at the site by the Contractor and record the date of receipt. Testing shall be conducted in accordance with the requirements of the State of California, Department of Transportation Standard Specifications and the Contract Special Provisions. 24th Street Improvement Project—Scope of Consultant Services July 2018 5 09/19/1 CC C T 456 If the Contractor encounters hazardous or toxic substances at the project site, NV5 will notify the City of the occurrence and can assist in managing the resultant impacts to the project. However, NV5 shall have no responsibility for the discovery,presence, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic substances in any form at the project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreement. Task 2.9 —Labor Compliance NV5 will serve as the conduit for receipt of Labor Compliance documents required by the Contractor, and will provide these documents to the City. NV5 will track receipt of these documents and can perform the role of periodic spot checking for Contractor compliance with the applicable labor laws for this project. The City will be responsible for review of Contractor statements of compliance, certified payrolls, fringe benefit statements, apprenticeship certifications, and monthly employee utilization reports for general compliance with State or Federal labor requirements. Task 2.10 —Changes and Claims Management NV5 will take the lead role in the documentation of any contract claims for this project during the construction contract period. This will consist of preparing claims documents and supporting evidence. NV5 will also be available to provide additional claims resolution support if further action is required. Claims resolution work, if any, is typically handled in the post-construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time. Task 3 — Construction Surveying Quality Assurance SURVEY QUALITY ASSURANCE Surveying to confirm accuracy of Contractor's control network or as otherwise required for the project. These services shall consist of reviewing and verifying the suitability of the Contractor's initial survey control for construction. Task 4—Biological Monitoring NV5 will coordinate and manage all biological monitoring services, including but not limited to, biological construction monitoring sweeps necessary for the construction of this project with our subconsultant McCormick Biological, Inc. 24th Street Improvement Project—Scope of Consultant Services July 2018 6 09/19/1 CC C T 457 Task 5—Paleontological Monitoring NV5 will coordinate and manage all paleo monitoring services, including but not limited to, Construction Manager working closely with the paleontological team to evaluate which locations require monitoring during the construction of this project with our subconsultant Cogstone. Task 6—Post Construction Services PERFORM FINAL OBSERVATION Items to be corrected or furnished by the Contractor before project acceptance will be put in the form of a punchlist as the work nears completion. NV5 will conduct a final observation walkthrough with representatives of the City and the Contractor before acceptance of the project. PREPARE RECORD DRAWINGS Drawings to be used as a base for the record drawings will be supplied by the City. The Project specifications will require that deviations from the design drawings during construction will be documented by the Contractor as they occur. This information will be supplied by the Contractor to NV5. NV5 will prepare the marked up Record Drawings with information as supplied by the Contractor.NV5 will coordinate the Design Engineer's preparation of the Mylar Record Drawings to reflect major changes in the construction work based upon the information provided in the marked up drawings as prepared by NV5. The Contractor will be required to present documentation that will represent actual conditions, to the best of our Construction Management staff s knowledge, as observed by the Construction Management staff Upon completion of the project, NV5 will review the Design engineer's completed Record Drawing Updates to the Project Plans and then turn over the mylar reproducible set of Record Drawings to the City. PREPARE PROJECT COMPLETION REPORT NV5 will provide City with a Project Completion report which will summarize project information such as key events and dates, schedule information, payment and change order data, as well as other useful reference information pertinent to the completed project. COMPLETION SCHEDULE NV5 shall be bound by the requirements of the Agreement from the start of pre-construction services commencing in October 2018, until conclusion of post-construction services. It is understood that the Contract Provisions allows 350 working days for Contract completion, regardless of the inclusion of any Additive Alternates. 24th Street Improvement Project—Scope of Consultant Services July 2018 7 09/19/1 CC C T 458 The fee estimate provides for 15,227 hours of Construction Management services and assumes the construction contract commences in November 2018 and progresses to completion without suspension or time extension. Regardless of the Construction Contract duration, the City Project Manager, and the NV5 Construction manager will work closely together to monitor Construction Management staffing, and to make the staffing as efficient as possible. This will include the movement of staff between the 24th Street Improvement Project and other NV5 projects. These efforts will be done in an attempt to keep the NV5 staffing below the 15,227 allocated hours as designed in the Fee Estimate. In the event that the City Project Manager requires additional Construction Management time above the allocated 15,227 hours for the 24th Street Improvement Project, or the Construction Contract duration exceeds 350 working days, NV5 will remain onsite and provide continuous Construction Management services. However, these services shall be considered as additional services, are above and beyond the scope and fee estimate of this contract, and shall be paid on a cost plus fixed fee basis as set forth by the appropriate hourly wages, mark-up, and profit shown in the attached fee estimate. In addition, should the City request additional services not included in the contract, NV5 can provide those services. They shall also be considered as additional services, to be paid on a cost plus fixed fee basis. FEE SCHEDULE Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in this Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be on a time and materials basis for the necessary personnel and reimburseables at the rates included herein. 24th Street Improvement Project—Scope of Consultant Services July 2018 8 09/19/1 CC C T 459 E m. u a Y d � o ilk TMTI El W � o -77 s d 4t �$ffi m ffi� a m $ffi m ffi y Zt �2 o 8 ffi m ffi ffi U L ��ffi m ffi�ffi� U g ffi m ffi ffi 4 �i q �$ffi m ffi�ffi� a Z �$ffi m ffi�ffi� m � d E � ry d U Q &I aomoz 8m .n €_ gj-- - 2 " 2222 y d 8�� 8888 Ma�o Y y M 10 fl1 �O p in M 6....P!M I—Is 41VZ Y.0 N U N n 09/19/1 CC C T 8 R$8 3$$ 8 8 8 8 8 8 8 N R g$ e » m g N= 3 S? Rssrrrrr $R R loll R 0 F o n 18118. U iO� Ri R Q o Q o R a` r R R R so$ o 12 0 � o 5L R RRmRR E - '8 0L R ffi ffi m ffi ffi ffi ffi d x E 0 R U Z R ffi ffi m ffi ffi ffi ffi � � m = m a gm � A a a w U .....�...... .......q......q......q....... .......q......q......q......q .......q......q......q......q. .......q......q......q......q......� c i i o z �v� 00 0 o y own]AADS 41hz V N 09V1 9118 CC A GENDA PA CKET PG 461 AGREEMENT NO. 14-069 (4) AMENDMENT NO. 4 TO AGREEMENT NO. 14-069 This AMENDMENT NO. 4 TO AGREEMENT NO. 14-069 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY" herein), and T.Y. Lin International, a Corporation, ("CONSULTANT" herein). R E C I T A L S WHEREAS, on May 7, 2014, CITY and CONSULTANT entered into Agreement No. 14-069 ("Agreement" herein), wherein CONSULTANT would provide Design Services for the 24fh Street Improvement Project ("Project" herein) for an amount not to exceed $3,490,000.00; and WHEREAS, on May 5, 2016, CITY and CONSULTANT amended the Agreement to extend the time to complete the Scope of Work and the Agreement's termination date due to the delays in the Project caused by legal challenges; and WHEREAS, on February 15, 2017, CITY and CONSULTANT further amended the Agreement to add a not-to-exceed amount of $1,586,163.00 to the Compensation because project delays of over 18 months caused by legal challenges required CONSULTANT to support CITY with public outreach efforts not originally contemplated in the Scope of Work; and WHEREAS, on May 23, 2018, CITY and CONSULTANT again amended the Agreement to provide for additional out-of-scope work for field surveying and verification required during design for a not-to-exceed amount of $37,776.03; and WHEREAS, the parties now desire to enter into this Amendment No. 4 to the Agreement to provide for support services needed during bidding, construction, and close-out survey and monumentation for the Project as outlined in Attachment B-3, attached hereto and incorporated herein by this reference, and extend the time needed to include this next phase of work; and WHEREAS, the Compensation will also need to be increased by a not-to- exceed amount of $421,080.00 as a result of this additional work, to be paid as Page 1 of 5 Pages 09/19/1 CC C T 462 outlined in Attachment C-3, attached hereto and incorporated herein by this reference. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. Section 1 of the AGREEMENT entitled "SCOPE OF WORK" is hereby amended to read as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as provide in Attachments B, B-1, B-2, B-3 and as generally described as: 24fh Street Improvement Project. The project would: • Expand the 24th Street/Oak Street intersection to provide for four lanes in both directions for 24th Street and to allow for additional turn lanes for Oak Street; • Widen 24fh Street from four lanes to six lanes from Elm Street to C Street; and • Reconstruct and restripe the 23rd Street/24th Street one-way couplet roadway segments from D Street to 0.2 mile east of M Street to provide for four lanes in both directions. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. Section 2 of the AGREEMENT entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. In exchange for performing the Scope of Work, CITY will pay DESIGN CONSULTANT as provided in Attachments C, C-1, C-2, C-3 and as follows ("Compensation"): 2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) in an amount not to exceed $5,113,692.76 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved DESIGN CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. Page 2 of 5 Pages 09/19/1 CC C T 463 2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $421,326.27 on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. The Compensation, including the fixed fee, will not exceed the sum of $5,535,019.03, and will be the total compensation paid under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay only the Compensation unless otherwise agreed to in writing by the parties. Reimbursement for transportation and subsistence will be paid in accordance with Internal Revenue Services and General Services Administration guidelines and shall not exceed the rates specified in the approved Cost Proposal. DESIGN CONSULTANT agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various programs within the SAFETEA-LU Federal Transportation Bill. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 2. Section 5 of the AGREEMENT entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 5. TIME FOR COMPLETION. DESIGN CONSULTANT must complete the Scope of Work by June 30, 2021 . 3. Section 6 of the AGREEMENT entitled "TERM AND TERMINATION" is hereby amended to read as follows: 6. TERM AND TERMINATION. This Agreement will terminate on June 30, 2022. Should any claims against CITY or DESIGN CONSULTANT arising out of the Scope of Work be asserted during the term of this Agreement, CITY and DESIGN CONSULTANT may agree to extend the termination date of this Agreement. 6.1 . If at any time CITY becomes dissatisfied with DESIGN CONSULTANT's performance under this Agreement, CITY may terminate this Agreement on thirty (30)-calendar days written notice. Written notice must be given pursuant to the "Notices" provision of this Agreement. If there is an early termination, DESIGN CONSULTANT will be compensated only for work satisfactorily completed and delivered to and accepted by CITY up to the date of termination. Page 3 of 5 Pages 09119118CCAGENDAPACKETPG 464 6.2. CITY reserves the right to terminate this Agreement for CITY's convenience upon thirty-day written notice to DESIGN CONSULTANT. If the Agreement is terminated for CITY's convenience, DESIGN CONSULTANT will be paid for completed work and for termination costs. 6.3. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 . Subpart 31 . 205-42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. 4. Except as amended herein, all other provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to the Agreement to be executed the day and year first above written. "CITY" "DESIGN CONSULTANT" CITY OF BAKERSFIELD T.Y.LIN INTERNATIONAL By: By: KAREN GOH, Mayor Type or Print Name: Title: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director Page 4 of 5 Pages 09119118CCAGENDAPACKETPG 465 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney 11 Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Page 5 of 5 Pages 09119118CCAGENDAPACKETPG 466 2411 Street Widening Project Amendment#4: Phase 2/Construction Support Scope of Work 8/30/2018 This scope of services is for Phase 2 (Construction Support) of the 24th Street Widening Project. PHASE 2: CONSTRUCTION SUPPORT 1. Project Management 1.1 Coordination and Meetings See Task 1.1 'Coordination and Meetings of Phase 1 of this project. Deliverables: Meeting Agendas, Meeting Minutes, Action Items 1.2 Quality Assurance and Quality Control Consultant will implement the Quality Assurance and Quality Control Plan developed in Phase 1 of this project. Deliverables: On-going implementation of QA/QC Plan 1.3 Progress Reports and Invoices The progress report will consist of a summary of the budget spent on each task and the work performed. Deliverables: Progress Reports and Invoices 2. Resident Engineer's Pending File Consultant will prepare a Resident Engineer (RE) Pending File in accordance with City/Caltrans requirements by providing copies of calculations, quantities, reports prepared by the Consultant. Consultant will submit two (2) copies to the City/ PMC. Deliverables: Resident Engineer's Pending File 3. Construction Support Services 3.0 Construction Support Services Consultant shall assist in answering questions regarding the Special Provisions, the design drawings, or conflicts in the design during the pre-construction meeting. Consultant will provide responses to Requests for Information, as requested by the City, up to the identified budget. Consultant will review and approve the Contractor's submittals, including shop drawings, as requested by the City/ PMC. The approval should bear seal and a signature of a Registered Engineer in the State of California. Consultant will verify, extend, and set local control as required and provide various surveying services upon request to support the design and construction of the project. Consultant will create a Post-Construction Record of Survey to establish a record of the new Right of Way lines of the project. "°'f°�" �� IIIIIV' 1�.1.C�mII�L�l.1�J101L1 09119118 CC AGENDA PACKET PG 467 Scope of Work—Amendment#4 24'Street PS&E Deliverables: Responses to RFI's, Submittal Reviews and Post-Construction Record of Survey 3.1 Prepare As-Builts Consultant will incorporate "As-Built" redline comments prepared by the Contractor and Project Inspector on the signed Design Plans. The "As-Built" drawings will be provided to the City/ PMC. The "As-built" drawings will be updated MicroStation design files. Two (2) copies, in latest MicroStation formats, will be submitted to the City on a DVD disk. Two (2) copies will be submitted to Caltrans on a DVD disk. Deliverables: As-Built Drawings ASSUMPTIONS AND EXCLUSIONS: • Access to the site will be unrestricted during normal working hours, 7:00 am-5:00 pm Monday through Friday. • Complete and current CAD files for the project that include project survey control will be delivered to Cannon two weeks prior to the commencement of staking tasks. • Coordinates published on the plans govern the layout of the project and are referenced to readily recoverable survey monuments proximate to the project site. • Said CAD files will be accurately geo-referenced and dimensioned so as to make clear the geometry of the improvements and the relationship of the improvements to the project survey control and/or the property lines. • Site will be ready for stakes, i.e. there will be no obstructions to progression of survey work such as, stockpiles, material laydown or parked equipment. • Contractor will strive to compose staking requests in a manner that comprises a full day's work, with half day as minimum. • All monuments and related materials will be provided by the contractor or City of Bakersfield. f°yIIIIIV11 CmILI 1�JIL2 09119118 CC AGENDA PACKET PG 468 24th STREET - AMENDMENT REQUEST • • AMENDMENTSCOPE C6140Af4Y NAME Work DBEI labor CDCs Fee Total T.Y.Lin International 68.1% $259,550.89 $1,235.00 $25,955.09 $286,740.98 Dokken 7.2% $27,549.60 $0.00 $2,754.96 $30,304.56 WRECO 3.3% X $12,554.61 $0.00 $1,255.46 $13,810.07 DesignLab252 8.8% $31,575.60 $2,118.75 $3,157.56 $36,851.91 Cannon 12.7% $48,520.78 $0.00 $4,852.08 $53,372.86 TOTALS: 100.0% $379,751 $3,354 $37,975 $421,080 09/19/1 CC C T 469 24th STREET - AMENDMENT REQUEST 8/23/2018 ,AMENDMENTSCO• T.Y.Uri international DIRECT COSTS(LABOR) NAME FUNCTION HOURS RATE AMOUNT Clark Fernon Principal In Charge 0 $118.97 $0.00 Karen Chapman Project Manager 140 $101.23 $14,172.20 Albert Pan Project Engineer-Roadway 460 $69.01 $31,744.60 Dina Kasawdish Project Engineer-Structures 460 $40.80 $18,768.00 Steve OIIo Senior Engineer 40 $73.65 $2,946.00 Christina Diaz Engineer 580 $45.44 $26,355.20 Jazmin Martinez Assistant Engineer 200 $17.00 $3,400.00 Project Administrator Project Administrator 120 $42.21 $5,065.20 TOTAL HOURS 2,000 TOTAL LABOR $102,451.20 INDIRECT COSTS(OVERHEAD) Fringe 62.96% Overhead 90.22% Administration 0.00% Facilities Capital Cost of Money 0.151% Combined Overhead 153.341% TOTAL OVERHEAD $157,099.69 DIRECT COSTS ITEM QUANTITY UNIT UNIT COST AMOUNT Potholing LS $0.00 Printing(Color, Black and White) 1000 EA $0.20 $200.00 Deliveries EA $30.00 $0.00 Mileage 1800 Mi $0.575 $1,035.00 $0.00 TOTAL DIRECT COSTS $1,235.00 SUBCONSULTANT SERVICES COMPANY TOTAL Dokken $30,304.56 W reco $13,810.07 DesignLab252 $36,851.91 Cannon $53,372.86 TOTAL SUBCONSULTANT SERVICES $134,339.40 FEE 10% $25,955.09 TOTAL FEE $25,955.09 TOTAL 09/19/1 CC C T 7 24th STREET - AMENDMENT REQUEST 8/23/2018 SCOPE I ©okken DIRECT COSTS(LABOR) NAME FUNCTION HOURS RATE AMOUNT Rebecca Abbott Project Manager 36 $50.00 $1,800.00 Jose Ostdeik Senior Engineer 24 $54.00 $1,296.00 Tim Chamberlain Senior Environmental Planner 0 $41.00 $0.00 Eduardo Simonsen Traffic/Electrical Lead 60 $40.00 $2,400.00 Craig Pekunece Associate Engineer 60 $43.00 $2,580.00 Assistant Engineer Assistant Engineer 80 $31.50 $2,520.00 Assoc Env Planner/Archeologist Assoc Env Planner/Archeologist 0 $40.00 $0.00 Environmental Planner/Biologist Environmental Planner/Biologist 0 $29.50 $0.00 TOTAL HOURS 260 TOTAL LABOR $10,596.00 INDIRECT COSTS(OVERHEAD) Fringe 65.00% Overhead 5.00% Administration 90.00% Facilities Capital Cost of Money 0.00% Combined Overhead 160.00% TOTAL OVERHEAD $16,953.60 DIRECT COSTS ITEM QUANTITY UNIT UNIT COST AMOUNT Printing(Color, Black and White) 0 EA $0.20 $0.00 Mileage 0 Mi $0.575 $0.00 Deliveries 0 EA $30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS $0.00 FEE 10% $2,754.96 TOTALI $30,304.56 09/19/1 CC C T 471 24th STREET - AMENDMENT REQUEST 8/23/2018 ,AMENDMENT SCOPE I WRECC) DIRECT COSTS(LABOR) NAME FUNCTION HOURS RATE AMOUNT Senior Geotech Engineer 8 $160.91 $1,287.28 Senior Geologist 18 $150.80 $2,714.40 Staff Engineer 18 $82.94 $1,492.92 0 $0.00 $0.00 0 $0.001 $0.00 0 !$0.001 $0.00 TOTAL HOURS 44 TOTAL LABOR $5,494.60 INDIRECT COSTS(OVERHEAD) Combined Overhead 128.49% TOTAL OVERHEAD $7,060.01 DIRECT COSTS ITEM QUANTITY UNIT UNIT COST AMOUNT Drill Rig EA $1,000.00 $0.00 Traffic Control DY $2,000.00 $0.00 Laboratory Soil Testing EA $121.25 $0.00 Printing(Color, Black and White) EA $0.20 $0.00 Deliveries EA $30.00 $0.00 Deflection Testing(PEI) LS $16,250.00 $0.00 Pavement Recycling Evaluation EA $20,000.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS $0.00 FEE 10% $1,255.46 TOTALI $13,810.07 09/19/1 CC C T 472 24th STREET - AMENDMENT REQUEST 8/23/2018 ,AMENDMENTSCO• [DesignLab252 DIRECT COSTS(LABOR) NAME FUNCTION HOURS RATE AMOUNT Patrick Boyd Landscape Archtiect 184 $75.00 $13,800.00 Konni Jones Landscape Designer 0 $51.50 $0.00 Scott Mears Project Manager 24 $51.50 $1,236.00 Administration 0 $51.50 $0.00 0 $0.001 $0.00 0 $0.001 $0.00 TOTAL HOURS 208 TOTAL LABOR $15,036.00 INDIRECT COSTS(OVERHEAD) Fringe 50.00% Overhead 35.00% Administration 25.00% Facilities Capital Cost of Money 0.00% Combined Overhead 110.00% TOTAL OVERHEAD $16,539.60 DIRECT COSTS ITEM QUANTITY UNIT UNIT COST AMOUNT Printing(Color, Black and White) 125 EA $2.00 $250.00 Mileage 3250 Mi $0.575 $1,868.75 Traffic Control DY $0.00 $0.00 $0.00 TOTAL DIRECT COSTS $2,118.75 FEE 10% $3,157.56 TOTALI $36,851.91 09/19/1 CC C T 473 24th STREET - AMENDMENT REQUEST 8/30/2018 ,AMENDMENTSCO• Cann©n DIRECT COSTS(LABOR) NAME FUNCTION HOURS RATE AMOUNT Patrick Champion Survey Tech V 280 $36.83 $10,312.40 Paul Seroka&Patrick Champion Two Man Crew 90 $77.83 $7,004.70 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.001 $0.00 0 $0.001 $0.00 TOTAL HOURS 370 TOTAL LABOR $17,317.10 INDIRECT COSTS(OVERHEAD) Fringe 59.44% Overhead 54.75% Administration 66.00% Facilities Capital Cost of Money 0.00% Combined Overhead 180.19% TOTAL OVERHEAD $31,203.68 DIRECT COSTS ITEM QUANTITY UNIT UNIT COST AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS $0.00 FEE 10% $4,852.08 TOTALI $53,372.86 09/19/1 CC C T 474 O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q Q Q O 0 0 0 0 0 0 0 0 0 0 0 O O O t!J r n 00 OJ 00 Q — n O N O Cl! � t!J W M M M N n N M 00 O N N d N O el M et N M N V} n O EA O EPr fH p O O O O O O O O O O N O O O O N N N N N N O C', V el D N N co tH O O.E L V d � E13 EPr Q O O O O O O O O O O O O O N N O O 00 W 0 0 0 o C O O O N n O N C.0 V M m O O OO O O O O O O O O ��tt O (6 C9 N W N d' V co O C9 O V 00 .r0� to N N N CMD W M � M C p M O D EA EPr cli N� O.+ " O d' <I' O O O O O V' O O E U � t{} EA � W O U) Cj O O O O O O O O O O O O O N O O O d' d' O O 00 O d d CD � EPr � �1 co p m OJ O to n c6 � r W m E13 Pr OO O O O O O O O O O O O O C C9 M V N O r O O (D N M M N N OM M M d M co M tH n 00 O EA EPr N M � EA EPr Q N O O O� O O O O O m O O O li' N ON C M N r � EV Pr N O n L O r Y N � O 10 NI CL � EA EPr U Oo OO OO O rn 0 o O O rn 0 0 M O U U- 00 00 0 o v o 0 0 0 0 o 0 o o v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 000 0 n -n OO n nV n 00 00 00 m N ON1 M N N d n vi r- M n M O N t• M O m 00 N N M O M 00 M M M O 00 N fH O M tH M V/ W CY W y o U. �+ Z o uj V L d v d 2 Q w rno a C O c C7 c to y O d Z '- a c '6 0 LL W d m m a� rn O o CL m u c a a mm o Cm 0U) tc c °• w a N c 'j, LU S` �' � c yY � ¢ hY y z H O c a d Q Y d ti a = o y m 2:1y W o o m �+ to m n a� ti O c ° a� ~ = ? 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O z CL a. jai � m jai U Ua` � V w N � � � "'• 0 0 X0 0' N = v MM TU Oyu V/ w T Y Y Y J J N Y J +I M Y Y J J m �-o 0mM ti � a > g � � +' w a F ti � � tiF ti � a � aU, Na 000 � o 09/19/1 CC C T 479 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent— Bids y. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 9/7/2018 WARD: SUBJECT: Four-door police special sedans: 1. Extend the bid from Jim Burke Ford, Bakersfield ($804,314.29)to replace 34 police special sedans for the Police Department. 2. Appropriate $57,057 in Equipment Fund balance to the Public Works Department's operating budget to fund the amount of purchase costs recovered through fleet rental rates for three unbudgeted vehicles. 3. Transfer and appropriate $28,943 in Self-Insurance Fund balance to the Public Works Department's operating budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self-I nsurance Fund for three unbudgeted vehicles. STAFF RECOMMENDATION: Staff recommends extending the bid, and approving the transfer and appropriations. BACKGROUND: On June 6, 2018, the City Council accepted a bid from Jim Burke Ford, Bakersfield, for the purchase of 40 police special sedans. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has indicated its approval to extend the unit cost of $23,656.30 for police special sedans. Funds for the purchase of 31 Police Interceptor sedans are budgeted in the Equipment Management Fund. In addition to the budgeted sedans, three unbudgeted units are in need of replacement; one is in need of costly engine repairs and two were involved in traffic accidents and have been declared "total loss" by an outside appraiser. Funding for the three unbudgeted sedans include: $57,057 in Equipment Management Fund (amount recovered through fleet rental rates)with the balance of$28,943 from the Self-Insurance Fund. 09/19/1 CC C T City staff recommends extending the bid, and approving the transfer and appropriations for the purchase of 34 police special sedans from Jim Burke Ford, Bakersfield, for a total purchase amount of $804,314.29. 09119118CCAGENDAPACKETPG 481 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Consent-SuccessorAgency Business z. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/5/2018 WARD: Ward 1 SUBJECT: Sale of surplus real property($160,000)at the southeast corner of California Avenue and Owens Street to MFT-Five Bakers Limited Partnership. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This property was acquired with former redevelopment funds and is a listed property on the SuccessorAgency Long Range Property Management Plan. Therefore, in accordance with state law, the proceeds of sale of this property must be remitted to the Kern County Auditor Controller, who will then distribute the funds to various school districts and other governmental agencies. On June 29, 2011, the City Council adopted Resolution No. 061-11 declaring the property surplus to the needs of the City. Also, the Planning Division, in accordance with Government Code Section 65402 and City Ordinance 4248, found the sale of this property consistent with the Metropolitan Bakersfield General Plan. Recently, a developer contacted the City and offered to pay the full fair market value for the property. The sales price of $160,000 represents the property's fair market value as established by appraised prepared by Randall Franz, MAI, of the Kern Appraisal Company. ATTACHMENTS: Description Type D PUir:;hase/ ae/kgireeirneint /kgireeirneint 09/19/1 CC C T 482 AGREEMENT NO. CONTRACT TO SELL REAL PROPERTY THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation and California charter city acting in its capacity as the Successor Agency of the City of Bakersfield Redevelopment Agency (herein "SELLER"), and MFT - FIVE BAKERS LIMITED PARTN ERSH I P(herein "BUYER"). RECITALS: WHEREAS, SELLER holds fee title to certain real property located at 1029 E California Ave in the City of Bakersfield, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("The Property"); and WHEREAS, the Planning Commission of the City of Bakersfield has found the sale of The Property to be consistent with the City's General Plan; and WHEREAS, SELLER has declared The Property as surplus to the needs of the City of Bakersfield and authorized its sale; and WHEREAS, BUYER desires to purchase The Property; and WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for the sale by SELLER and the purchase by BUYER of The Property. NOW, THEREFORE, incorporating the above recitals herein, SELLER and BUYER mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase The Property in accordance with all of the covenants and conditions set forth in this Agreement. 2. PURCHASE PRICE. BUYER shall pay to SELLER the sum of One Hundred Sixty Thousand Dollars ($ 160,000.00) which represents The Property's fair market value, as established by an appraisal prepared by Kern Appraisal Company and is payable in cash, as hereinafter provided. Within five (5) working days of the execution of this Agreement by all parties, BUYER shall deposit Five Thousand Dollars ($ 5,000.00) with the Escrow Holder as an earnest money deposit. ContractToSel Real Property C:\Users\rwiIliams\Desktop\agreement 1028 E California with legal.doc -- Page 1 of 8 Pages -- 09119118CCAGENDAPACKETPG 483 3. ESCROW. 3.1 Escrow Holder. The purchase and sale of The Property shall be consummated by means of an escrow to be opened at the office of Ticor Title, Attn: Naida Carlton herein "Escrow Holder", located at 10000 Stockdale Highway Suite 101 Bakersfield, CA 93311 3.2 Escrow Instructions. Within twenty (20) working days of execution of this Agreement by all parties, each shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. SELLER and BUYER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. 3.3 Closing Costs. BUYER shall pay closing costs including, but not limited to: title insurance, recording fees, documentary transfer taxes, real estate commissions, and 1/2 escrow fee. SELLER shall be responsible for 1/2 escrow fee, Owners Title Policy, all real property taxes and assessments accruing up to the close of escrow, and the cost, if any, to clear title to The Property. 4. PRELIMINARY TITLE REPORT AND DOCUMENTS. Within twenty (20) working days of execution of this Agreement by all parties the following shall occur: 4.1 SELLER shall obtain a preliminary title report, herein "PTR", concerning THE PROPERTY, issued by Ticor title, together with copies of reproducible documents referred to in such PTR, if any. 4.2 SELLER shall provide BUYER copies of all currently effective unrecorded tenant leases, licenses or other agreements, if any, relating to The Property. 4.3 BUYER shall deliver to Escrow Holder its written approval or disapproval of any exceptions to the title within fen (10) days after BUYER's receipt thereof. In the event such written approval or disapproval is not received by Escrow Holder on or before the date due, it shall be presumed BUYER has approved each of said exceptions. If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure all of said exceptions, Co ntractToSell Real Property C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 2 of 8 Pages -- 09119118CCAGENDAPACKETPG 484 then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waiving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER's election within the ten (10) working days after receipt of SELLER's election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited by BUYER with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay. 5. DUE DILIGENCE PERIOD. BUYER shall have up to one hundred twenty (120) days after execution of this agreement by all parties to determine whether The Property is acceptable to BUYER in BUYER's sole and absolute discretion. SELLER shall permit BUYER to conduct any/all necessary inspections and tests to identify any deficiencies in The Property. If BUYER determines The Property is not acceptable, or if BUYER fails to provide written notice of Buyer's acceptance of The Property to SELLER and Escrow within the due diligence period, the Escrow holder shall return the deposit to BUYER and the Purchase Agreement will be null and void. If BUYER determines The Property is acceptable within the due diligence period, by providing written notice to SELLER and Escrow, the deposit will be (i) non-refundable, if escrow does not close due to BUYER'S default, in which event, the deposit shall be SELLER'S sole liquidated damages, or' (ii) refundable to BUYER, if Escrow does not close for any other reason, including SELLER'S default. 5.1 BUYER'S purchase of The Property is contingent upon BUYER obtaining the any/all approvals and building permits necessary for BUYER'S proposed development. All such approvals and permits shall be obtained at BUYER'S expense within 120 days of execution of this agreement by all parties 6. CLOSING DATE. Escrow shall close no later than 15 days from the expiration of the due diligence period unless extended by mutual written agreement of all parties. 7. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER fee simple title to The Property, subject only to the permitted exceptions as set forth in the title policy or elsewhere in this Agreement. On or before close of escrow, SELLER shall execute a Grant Deed which conveys fee simple title to The Property to BUYER and shall deliver same to Escrow Holder. C o ntractToSel Real Property CAUsers\rwi Ili arns\Desktop\agreernent 1028 E California with legal.doc -- Page 3 of 8 Pages -- 09119118CCAGENDAPACKETPG 485 8. 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. 9. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 10. 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. 11. TIME. Time is of the essence in this Agreement. 12. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties, and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 13. 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. 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. 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 incorporated, whether or not actually attached. 16. 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, Contra ctToSe 11 Real Pro pe rty C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 4 of 8 Pages -- 09119118CCAGENDAPACKETPG 486 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. 17. NOTICES. All notices relative to this Agreement shall be given in writing and shall be served or sent by certified or registered mail and shall 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: To SELLER: CITY OF BAKERSFIELD 1600 Truxfun Avenue Bakersfield, California 93301 Attention: Property Management To BUYER: MFT-Five Bakers Limited Partnership Either party may change its address for notice by delivering written notice to the other party as provided herein. 18. 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. 19. BROKERS AND FINDERS. The parties acknowledge and represent that SELLER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 20. HAZARDOUS MATERIALS. SELLER is transferring property AS IS. SELLER knows of no hazardous materials upon the property. BUYER has the right of entry during escrow to examine The Property to determine the existence of hazardous materials. Should hazardous materials be found on The Property, BUYER may either accept the full responsibility and costs of clean-up or cancel the escrow. Once escrow closes, BUYER fakes the property AS IS and assumes all responsibility and liability for hazardous materials of every kind found on The Property including, but not limited to, clean-up costs. C ontractToSe I I Rea I Property C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 5 of 8 Pages -- 09119118CCAGENDAPACKETPG 487 21. WATER AND MINERAL RIGHTS. Unless otherwise agreed herein, conveyance of The Property does not include the water and/or mineral rights, ditches, appropriations, franchises, privileges and easements on, connected with, or usually had and enjoyed in connection with The Property. 22. LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF ONE THOUSAND DOLLARS ($ 1,000.00) PLUS INTEREST, IF ANY, ACCRUED THEREON. UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, EXCEPT ESCROW CANCELLATION FEES AND ANY OTHER FEES SET OUT IN THIS AGREEMENT WHICH BUYER HEREBY AGREES TO PAY. Ic J SELLER's initials BUYER's initials 23. TAX EFFECT. None of the parties (nor such parties' counsel or accountants) has made or is making in this Agreement any representation to any other party (or such party's counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that if has obtained, or may obtain, independent fax advice with respect thereto and upon which if, if so obtained, has solely relied. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. Signatures on Following Page Contra ctToSell Real Property C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 6 of 8 Pages-- 09119118CCAGENDAPACKETPG 488 "SELLER" "BUYER" CITY OF BAKERSFIELD MFT - FIVE BAKERS LIMITED PARTNERSHIP KAREN GOH Mayor Print Nar-ne: C -a:.`> Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: DEVELOPMENT SERVICES DEPARTMENT By: JACQUELYN R. KITCHEN Development Services Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit "A"- Property Description Contra ctToSell Real Property C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 7 of 8 Pages -- 11 /1 CC C T 489 Exhibit "A" The land referred to herein below is situated in the City of Bakersfield, County of Kern, State of California, and is described as: Parcel 2 of Certificate of Compliance recorded January 22, 2010 as document #0210009114 of Official Record, in the office of the County recorder of Kern County, State of California, and by corrected Certificate of Compliance recorded March 4, 2010 as document # 0210029373 of Official Records of said County, which subdivided Parcel "A" of Parcel Map Waiver P00-0783 recorded October 12, 2000 as document no. 0200127498 of official records in the Kern County Recorder's office of said County. (Containing 3.31 Gross acres more or less and 2.08 Net acres) Co ntractToSe IlReal Property C:\Users\rwilliams\Desktop\agreement 1028 E California with legal.doc -- Page 8 of 8 Pages -- 09119118CCAGENDAPACKETPG 490 ADMINISTRATIVE REPORT MEETING DATE: 9/19/2018 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/12/2018 WARD: Ward 2 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 on Block 253. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. 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 on Block 253. The vacated alley accommodates 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, Community Development, Recreation and Parks and GIS Departments have been notified of the request and no objections have been received as of the date of this report. The Public Works Department notes that 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. Also, the 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 out to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has received no objections from these owners as 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 09/19/1 CC C T 491 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. This item was continued from September 5, 2018. This item was opened and remains open to receive public comments on September 19, 2018. ATTACHMENTS: Description Type ReSdUtblrl for the vacadoin of the 33'x 264'aAby irUrIiNIng D east and west, liaaaaunded lbyl 9th Stireet, R Stireet, 1 8th Resokltblrl Stireet, and()Stireet, i'in IBbck 253 D ExhbUk I egaDescidpdoin ExhNt D EkNNtB IMa p ExhNt 09119118CCAGENDAPACKETPG 492 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. This item was opened continued from the September 5, 2018 meeting to the September 19th meeting; 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 09/19/1 CC C T 493 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 RIVERA,GONZALES,WEIR,SMITH, FREEMAN,SULLIVAN, PARLIER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By: 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 09/19/1 CC C T 494 EXHIBIT"A'" LEGAL DESCRIPTION BFING A PORTION 01- THE WALL STREETALI.FlY, BLOCK 253, INTHE CYYY OF BAKERSFAELD, COUNTY OF' KERN, STATE OFCALIFORNIA, ASPER MAP RECORDED 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 OF1 8"' STREFT AND "Q" STRI'll-A', "I'l IENCE NORTH 00'00'00" EAST AL ON(j "I"HE CENTERLINF OF SAID `,1)„ STREET, 156.75 FEE"I", Ti IENCENORTI 189'59'47" EAST,41.25 F"LENT"TO THE NORTI]WESTCORNE.R OFLOT 5 IN SAID 13LOCK 253, SAID POINT ALSO BEANGTI IE TRUE POINTO!" BEGINNING, - ,I °l U THENC11' NORTI I 00�"00'00" EAST, 33.00 1 r - so THWES'l CO N ,"R 0 LOT IN SAID BLOCK 253; TI IENCE NORTH 89c5947- FAST, 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, OF' LO"I' 8 IN SAID, BLOCK 253; THENCE SOUTI-I 89-59-47" WEST, AIONG THE SOUTH LINT,Of-- LOTS 8 - 5 IN SAID BLOCK 253, 264,00 FEE-1""I'OTFIF NORTI IWESTCORNER OFLOT5 AND TIIFTRUE POINT OF BEGINNING; RESERVING a nonexclusive easement and Right of Way 1'or public Litilifies, to lay, construct, operate, maintain, repair, recon,,,"4rL1Ct, change the size of or remove pipelines, conduits,cable wires, poles, or any other StRictures, fixtures or equipment, in, Under,across, over and upon and access l'or city services over the 33 foowide alley of'said Block 253. �_Nfsl D 8 E. CON"FAINS: 8712.00 SQIJARE FEA."I' 5565 0 CA, 09119118CCAGENDAPACKETPG 495 A38iS 4$�149 T9 00 G. Lli WI CN ui cn U) ILE") 00 '7 uj 00 3 ,00,00.Od A3�JiS W C-) - Lo 6 C.� C=) C> cz� a LLJ FIE (Z� C) LLJ 00 C) >< LLJI C.7 09119118 CC AGENDA PACKET PG 496