HomeMy WebLinkAboutBird Rides IncENCROACHMENT PERMIT
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUX -UN AVE
BAKERSFIELD CA 93301
(661) 326 -3724
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place,
erect, use and maintain an encroachment on public property or right of way as therein defined.
Application Number _ . . . . 1s- 30oo0030 Date 12/20/18
Property Address . . . . . .
Application type description PW - ENCROACHMENT PERMIT
Owner
BIRD RIDES INC
406 BROADWAY f#369
S.WrA MONICA CA 90401
Contractor
----------------- - - - - - --
BIRD RIDES INC
406 BROADWAY #369
SANTA MONICA CA 90401
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permit . . , . . . ENCROACHMENT PERMIT
Addi�ional desc . .
Phone Access Code . 2288348
Permit Fee . . . . .00
Issue Date . . . . 12/18/18 Valuation 0
Expiration Date . .
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Special Notes and Comments
Permittee is hereby authorized to park
its Stand -up electric scooters in the
City's right -of -way, subject to the
conditions attached hereto as Exhibit A.
This permit will expire in one year of
the issue date unless otherwise revoked
or amended by the City or unless the
City first adopts a permanent policy for
the placement of Stand -up electric
scooters in the City's Right -or -Way.
Fee summary Charged Paid Credited Due
-- -- ---- --- - -- --- - - ---- - - - --- -
Permit o -4btai — .00 .00 .00 .00
Total 1) .00 .00 .00 .00
A cant ackn ledges €ight dithe City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to
woke th pe it e.
Sign re of Applicant (Own-,!A 90 Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2)
WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTE,Q) (DENIED) Said permit shall expire on date stated above.
Signature of City Engineer
Exhibit A
Conditions for Encroachment Permit #18- 30000030
Permittee desires to operate a pilot program to evaluate the deployment of Stand -up electric scooters in the City of
Bakersfield and to utilize or encroach upon the City's right -of -way to make such scooters available to their customers and
as a place for their customers to return such scooters after use. Permittee must follow the following conditions of approval,
including but not limited to, appropriate indemnification provisions, insurance requirements and operating requirements
during the term of the pilot program. Failure to follow the conditions and provisions outlined below, and /or in Chapter 12.20
of the Bakersfield Municipal Code, may result in the .revocation, of this encroachment permit and the termination of the pilot
program.
Indemnity and Insurance
Permittee must indemnify, defend, and hold harmless City and City's officers, agents and employees against any and
all liability, claims, actions, causes of action, demands, and defense costs (including, without limitation, actual, direct,
out -of- pocket costs and expenses, and amounts paid in compromise, settlement, or judgment, and reasonable legal
fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative, or
investigative) whatsoever against them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, arising out of, connected with, or caused by Permittee or Permittee's employees. agents, independent
contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions
of this Encroachment Permit including, but not limited to, City's issuance of this Encroachment Permit and any bodily
injury including death or damage to property arising out of or in connection with any use, misuse placement, or mis-
placement of any of the Permittee's devices or equipment by any person, whether or not caused in part by a party
indemnified hereunder, except to the extent any of the above is based on, or results from, the City's (or its officers',
agents', and /or employees') negligence or willful misconduct. This indemnity will apply to all claims and liability
regardless of whether any insurance policies of Permittee, its affiliates, or any other parties are applicable thereto. The
policy limits of any insurance of Permittee, its affiliate, or other parties are not a limitation upon the obligation of
Permittee, including without limitation, the amount of indemnification to be provided by Permittee. The provisions of
this section will survive the termination of this Encroachment Permit.
2. Permittee must procure and maintain at ail times during the duration of this Encroachment Permit for the Pilot Program,
insurance, with the types and limits of insurance below, against claims for injuries to persons or damages to property
that may arise from or in connection with Permittee's use of the encroachment including, but not limited to, any bodily
injury including death or property damage to property arising out of or in connection with any use, misuse, placement,
or mis- placement of any of the Permittee's devices or equipment by any person at no cost or expense to the City.
If the Permittee maintains broader coverage or higher limits than the minimums shown below, the City requires and wili
be entitled to the broader coverage or higher limits maintained by the Permittee. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage will be available to the City.
All policies required of Permittee 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 Permittee's insurance and must not
contribute with it.
The insurance required below, 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.
Failure to maintain insurance coverage, which is required pursuant to this Encroachment Permit, will be deemed a
violation of this Encroachment Permit and grounds for its revocation. The City, at its sole option, may terminate this
Permit and obtain damages from the Permittee resulting from the violation.
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.
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 $5,000,000 per occurrence, $7,000,000 annual aggregate. The policy must:
i. Provide contractual liability coverage for the terms of this Agreement;
ii. Provide products and completed operations coverage;
iii. Provide premises, operations, and mobile equipment coverage; and
iv. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.
C. 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 tabor Code Section 1861. Permittee 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 Encroachment Permit, Permittee 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,
The Permittee may satisfy the minimum liability limits required for commercial general liability or auto liability under an
umbrella or excess liability policy as long as the umbrella or excess liability policy has continuing coverage following the
commercial general liability or auto liability policies. There is no minimum per occurrence limit of liability under the
umbrella or excess liability; however, the annual aggregate limit must not be less than the highest "Each Occurrence"
limit for either commercial general liability or auto liability. Permittee agrees to endorse the City as an Additional insured
on the umbrella or excess liability, unless the Certificate of Insurance states that the umbrella or excess liability provides
coverage on a "Follow-Form" basis.
Parking
3. Stand -up electric scooters must be parked upright on hard surfaces or beside a bicycle rack or in another area
specifically designated for bicycle parking.
4. Stand -up electric scooters must not be parked in such a manner as to block the pedestrian clear zone area of the
sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box.
5. Stand -up electric scooters must not be parked in such a manner as to impede or interfere with the reasonable use of
any commercial window display or access to or from any building.
6. Stand -up electric scooters must not be parked in such a manner as to impede or interfere with the appropriate use of
any bicycle rack or news rack.
7. Stand -up electric scooters may not be parked directly adjacent to or within the following areas, such that access to or
use of the area is impeded:
a. Landscaping;
b. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except
at existing bicycle racks;
C. Loading zones;
d. Disabled parking zone;
e. Street furniture that requires pedestrian access (for example, benches, parking pay stations, bus shelters, transit
information signs, etc.);
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f. Curb ramps;
g. Entryways; and
h. Driveways.
8. Permittee may stage its Stand -up electric scooters in permitted parking areas as described in this section. To the extent
Permittee desires to stage Stand -up electric scooters in areas other than the public right -of -way (e.g. parks, plazas,
parking lots, private property, or transit stations), Permittee must first obtain the right to do so from the appropriate City
department, property owner, or public agency.
Operations
9. Stand -up electric scooters are to be ridden on streets, and where available and not otherwise prohibited, in bike lanes
and bike paths. Stand -up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles
in bike lanes and on bike paths. Stand -up electric scooters may not be ridden on certain designated City facilities as
determined by the Public Works Director, including, but not limited to, the Rabobank Arena and Convention Center
plaza, City -owned parking structures, and the Amtrak station platforms.
10. Stand -up electric scooters must be removed within the timeframes provided herein. Any inoperable or unsafe dev ce
must be repaired before it is placed back into service.
11. Permittee must maintain 24 -hour customer service for customers to report safety concerns and complaints or to ask
questions. Permittee will maintain a multilingual website, call center, and /or mobile app customer interface that is
available 24 hours a day, 7 days a week and compliant with the Americans with Disabilities Act.
12. Permittee must respond to requests for rebalancing, reports of incorrectly parked Stand -up electric scooters. or reports
of unsafe /inoperable Stand -up electric scooters by relocating, re- parking, or removing the Stand -up electric scooters,
as appropriate, within 24 hours of receiving notice.
13. If a Stand -up electric scooter is not relocated, re- parked, or removed within the timeframe specified herein, or any Stand-
up electric scooter is parked in one location for more than 72 hours without moving, such Stand -up electric scooters
may be removed by City crews and taken to a City facility for storage at the expense of Permittee, not to exceed $20
per Stand -up electric scooter.
Education
14. Permittee must provide notice to all users by means of signage and through a mobile or web application that:
a. Stand -up electric scooters are to be ridden on streets, and where available and not otherwise prohibited, in bike
lanes and bike paths;
b. Stand -up electric scooters are to stay to the right of street lanes and offer the right of way to bicycles on bike
lanes and bike paths;
C. Helmets are encouraged for all users and required for minors (to the extent minors are permitted as users);
d. Stand -up electric scooters must be parked in designated areas; and
e. Riding responsibly is encouraged_
15. Permittee must provide easily visib�e contact information, including toll -free phone number and/or e-mail address on
each Stand -up electric scooter for City employees and /or members of the public to make relocation requests or to report
other issues with devices.
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