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11/20/19 CC AGENDA PACKET
(03 BAKERSFIELD THE SOUND OF THE CITY COUNCIL AGENDA MEETING OF NOVEMBER 20, 2019 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 a. 2019-20 Council Goals Update Staff recommends Council receive and file 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Magalee Y Araus, et al vs. Steven Donald Brewster,- City of Bakersfield, Kern County Superior Court Case No. BCV -18-101835 5. CLOSED SESSION ACTION 6. ADJOURNMENT (03 BAKERSFIELD THE SOUND OFA/Wefff.V 't �1'1141j ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Workshops 3. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DAT E: 11/5/2019 WARD: SUBJECT: 2019-20 Council Goals Update STAFF RECOMMENDATION: Staff recommends Council receive and file BACKGROUND: The 2019-20 City Council Goals were adopted on August 1, 2019. This iteration of the goals document was reformatted to include the Council's overarching goals and subsequent action items and department activities to forward those goals that will be completed within the following fiscal years. By request of Councilmember Freeman, staff is bringing an update to the progress of the City Council goals and activities prior to the start of the FY 2020-21 budget preparation process. (03 BAKERSFIELD THE SOUND OFA/Wefff.V 't �1'1141j ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 11/8/2019 WARD: SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Magalee Y Araus, et al vs. Steven Donald Brewster,- City of Bakersfield, Kern County Superior Court Case No. BCV -18-101835 STAFF RECOMMENDATION: BACKGROUND: 0 BAKERcSFIELD BAKERSFIELD CITY COUNCIL THE SOUND OF U��� 6P,I{eY AGENDA M EETI NG OF NOVEMBER 203 2019 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. Check presentation of $500 for Spring term sponsorship, by Rob Duchow, Public Affairs Manager for Kern County and Antelope Valley Southern California Gas Company, to Heather Pennella, Chair of Keep Bakersfield Beautiful. 5. PUBLIC STATEMENTS a. Written material submitted during the public statements portion of the meeting. 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. M inutes: a. Approval of the minutes of the November 6, 2019, Regular City Council Meeting. Payments: b. Receive and file department payments from October 25, 2019, to November 7, 2019, in the amount of $15,375,901.05; Self Insurance payments from October 25, 2019, to November 7, 2019, in the amount of $277,141.25; totaling $15,653,042.30. Ordinances: Resolutions: 11/20/19 CC AGENDA PACKET PG 4 C. SE I U Labor: 1. Resolution approving the Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. 2. Amendment No. 25 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. d. Resolution adopting a Recruitment and Retention Incentive for Incumbents of the Police Trainee position for the Bakersfield Police Department. Ward(s) 1, 2, 7 e. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-114 (9801 Compagnoni Street) — Ward 7 2. Area 4-203 (314 H Street) — Ward 2 3. Area 5-101 (Tract 7322 — Berkshire Road approximately 1 000'east of South H Street) — Ward 7 4. Area 5-102 (4915 South H Street) — Ward 7 5. Area 5-103 (52 Planz Road) — Ward 1 Ward 2 f. Resolution of Intention (ROI) #2028 to add Area 4-204 (625 34th Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: g. Agreement with Kern County Forensic Services, LLC ($220,000) for sexual assault examinations. Ward 2 h. Amendment No. 4 to Agreement No. 15-290 with Servexo Protective Services (not to exceed $179,444 annually and to extend term for an additional year) to provide daily 24-hour on- site security services at the Bakersfield Amtrak Station. Ward i. Amendment No. 1 to Agreement No. 18-188 with EMTS, Inc. ($58,704; revised not to exceed $117,408 and extend term by one year), to provide landscape maintenance services at Wastewater Treatment Plant No. 3. j. Amendment No. 1 to Agreement No. 18-199 with SC Fuels ($1,250,000; revised not to exceed $2,250,000 and extend the term one year) for supply of partial/bob-tail fuel deliveries. k. Amendment No. 2 to Agreement No. 17-203 with Pinnacle Petroleum, Inc. ($2,500,000; revised not to exceed $7,500,000, and extend the term one year), for supply of tractor/trailer fuel deliveries. I. Amendment No. 3 to Agreement No. 17-007 with Target 11/20/19 CC AGENDA PACKET PG 5 Specialty Products ($150,000, revised not to exceed $550,000 and extend the term one year) to continue the supply of chemical, insecticides, and herbicides. M. Amendment No. 1 to Agreement No. 17-192 with Meyer Civil Engineering, Inc. ($50,000; revised not to exceed $250,000), to provide on-call construction inspection services for development projects and the Capital Improvement Program. Ward(s) 1, 2, 6, 7 n. Contract Change Order Nos. 133, 175, and 185 to Agreement No. 14-241 with Security Paving Company ($19,787.36; revised not to exceed $89,534,495.33) for the Beltway Operational Improvements Project. Bids: Ward 6 0. Accept bid and approve contract with MD Concrete Cutting & Demolition (not to exceed $101,040) for the Silver Creek Park pool deck repairs. M iscellaneous: Ward(s) 1, 2, 3, 4, 5 P. Appropriate $256,134 Transportation Development Act Article 3 (TDA 3) grant funds to the Public Works Department's Capital Improvement Program budget in the Bikeway and Pedestrian Pathway Fund for the following projects: Pedestrian Improvements (Brundage Lane); Downtown Bicycle Parking; Downtown Pedestrian Outreach; Pedestrian Count -down Timers (15 intersections within the City of Bakersfield); Kern River Bikepath Rehabilitation (Beach Park to Manor Street); and Pedestrian Improvements (L Street). q. Authorize the Finance Director to write off accounts receivable in various funds totaling $3,546.64 and forward non bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: Public Safety/Vital Services Measure: Ward 6 r. Accept and approve Design Consultant Agreement with Verde Design ($584,051) for the Master Plan Update and Design Services for the Kaiser Permanente Sports Village Phase 4. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS 11. REPORTS 11/20/19 CC AGENDA PACKET PG 6 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Wastewater Revenue Refunding Bonds 1. Approve plan directing staff to move forward with refinancing of Wastewater Revenue Refunding Bonds, Series 2015A. 2. Agreement with Kutak Rock LLP in the amount of $100,000 for Special Bond Counsel services associated with financial planning for the proposed tax- exempt forward refunding of Wastewater Revenue Refunding Bonds. 3. Amend agreement with Nixon Peabody, LLP for Disclosure Counsel services adding the Wastewater Revenue Refunding Bonds to existing contract for a total not to exceed amount of $90,000. Staff recommends approval of action plan and of the related agreements. 14. COUNCILAND MAYORSTATEMENTS 15. ADJOURNMENT 11/20/19 CC AGENDA PACKET PG 7 d0% w BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DAT E: 11/13/2019 WARD: SUBJECT: Check presentation of $500 for Spring term sponsorship, by Rob Duchow, Public Affairs Manager for Kern County and Antelope Valley Southern California Gas Company, to Heather Pennella, Chair of Keep Bakersfield Beautiful. STAFF RECOMMENDATION: BACKGROUND: 11/20/19 CC AGENDA PACKET PG 8 d0% w BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 12/3/2019 WARD: SUBJECT: Written material submitted during the public statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description ❑ Written material submitted by Cassie Bittle Type Correspondence 11/20/19 CC AGENDA PACKET PG 9 RECT o& rPLACEO ON FILE ATCOzIv i LNil EE` INGOE CAZ & G A September 111h 2019, we asked City Council to make Bakersfield's Homeless crisis priority number one, focusing in the Downtown area. We asked for acknowledgment there was a growing epidemic and to act fast. We could not be prouder of the swift action our entire local Government took. It was impressive and we thank you. We asked for private security, Downtown Cleanup, a heavier police presence, and last an emergency shelter. Seeing how the Downtown is the Heart of the City, you understood why it must be protected, clean and safe. All but one of our demands have been met. All but the one solution that directly affects the safety of your own wards. The problem is not fixed. There are no new shelter beds. There is no where for these people to go but out of Downtown and in your neighborhoods. They are on Rosedale, Ming, Stockdale and Panama. Niles, Brundage, Mt Vernon. Our riverbeds, inside our Auto mall and outside our Schools. Downtown has created an environment where their behavior is not tolerated, you've even provided us with cleanup and a user-friendly app. A community watch group and a Block to Block Program by our Downtown Business Association has given us the ability to become a united front and form a sense of comradery. Our frustrations have been growing for years and finally we are making progress. Being proactive in this situation is something we all are doing together. Well Lit alleys, locked dumpsters, fences and security cameras all at our expense. The unwelcome feeling we are giving these vagrants is pushing them to our outlining areas due to one fact. There is no where for them to go. Fresh pickings for new unsuspecting victims. Why are we sitting on our hands while the logically answer is sitting on the table? Calcots. This is our local governments opportunity to find a solution for a National problem. Our Judicial system is hard at work finding a way to hold repeat offenders longer than just hours. We need to find a place for those being looped into this criminal activity due to the fact, they have no where to go, and no hope in sight. With preexisting infrastructure and amenities other cities could only dream of, our City Manager's Office has created a plan that will not only benefit every individual that is admitted, but also the surrounding community. This isn't some makeshift camp of tents and shopping carts. This shelter alongside the efforts 1112 0/19 CC AGENDA PACKET PG 10 being made by our District Attorney's Office and Sherriff Department, we can set the bar high on how to handle this crisis. There are several causes for homelessness. We all agree it is a symptom not the disease. Providing one more navigation point for social services outside the Downtown area is a good start. There have been rumors floating around about the city's plan to join forces with the county on their emergency shelter located in Downtown. I say great!! Yes, the city should support the county's effort in getting this shelter functional. BPD should be a key player in this, at the City's expense. That does not mean we stop our plans to build an emergency shelter. We do not need to ride on the coat tails of the County when we have the means and ability to act now. A 15,000 sq foot BPD Substation is exactly what South East Bakersfield needs. Gang and vagrant issues run rampant in South East Bakersfield and this substation will serve as a tool in combating criminal activity. These same criminals are fueling the addiction problem on our streets by selling drugs in our parks and shopping centers. This shelter will be by referral only from our own BPD, County Services, Existing Shelters, and Faith Based Organizations. To think the City is not willing to work with all the surrounding Churches is foolish. There was a property purchase in progress. There was no room for argument about where this shelter was going to go because there is no perfect location and there is no perfect community. I should know, I have several right in my Backyard. What we needed was a plot of land large enough and in a light manufacturing area and that is what was found. The gold star of starting points. Now is the time for community involvement. Now is the time to voice your concerns but putting the project on hold is foolish. Your Community as a whole continues to beg you to act quickly so that all moving parts of this solution may begin to play together. Your community is ready to help, our DA is willing to prosecute repeat offenders, we have a Sherriff ready and willing to house these criminals, now get this project started so that we can push forward to the next steps. We understand that the South East side of town has been overlooked for decades. We also understand certain parts of that community are governed by the County. There is a dire need for basic community needs such as sidewalks and streetlights, safe parks and a decent grocery store. Necessities we take for granite 1112 0/19 CC AGENDA PACKET PG 11 daily. Instead of using this homeless shelter as leverage to get these things into the outlining community, lets rally together for the betterment of everyone. Money collected from Measure N was intended for Vital Services and Public Safety. All these things can become reality through this Tax on our community in coming years. The new year is fast approaching, we cannot wait until January 22nd to decide or revisit this. If we do, we will end up like Los Angeles. Almost 60,000 people on their streets. Two crises disguised as one epidemic. To say this is caused from a housing shortage alone is ignorance. Ignoring the fact that our community members are suffering and being preyed upon by those released from our prisons. A haven for those that want help is what we need. We know this new Shelter is not the answer only a large part. We know it is not going to fight this growing epidemic in California alone. It is the first step in a multifaceted approach. First give the most vulnerable citizens a safe place to go alongside the County's shelter AND money allocated to existing shelters, we can then hope to meet the Standards set forth by the 9t" Circuit Court's Ruling. We as a community recognize there is a need for these shelters. Both Shelters. These are our own family members affected by Propositions 47, 57, and A13109. People that need structure and treatment are now on our streets. They have wiped their families of hope and sometimes money. Once Grandma has given her last 20 or had her jewelry stolen, they will look to the streets and our properties. Do we want to live in a world where we are constantly worried about what lurks outside? Especially if that person can be saved? We all make bad decisions, and we all deserve the opportunity correct them. In some cases, this may take a program and the right hand up to rejoin society and become a productive citizen. We all know our shelters are at capacity and our faith -based organizations along with county services are willing and able to act right away. Let's give them a place to be proud of and set an example to the rest of the State on how to better every life in your community. 11/20/19 CC AGENDA PACKET PG 12 d0% w BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Minutes a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 9/26/2019 WARD: SUBJECT: Approval of the minutes of the November 6, 2019, Regular City Council Meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description ❑ November 6, 2019 Minutes Type Backup Material 11/20/19 CC AGENDA PACKET PG 13 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 6, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting- 5:15 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales,Weir, Smith, Freeman Absent: Sullivan Introduction of students participating in Teen Government Day. Dahlia Keo, Frontier High School (Mayor); Logan Hammond, Bakersfield High School (Councilmember Rivera); Nathan Smith II, Bakersfield Christian High School (Councilmember Gonzales); Candice Bishop, North High School (Councilmember Weir); Gerald De Jesus, Ridgeview High School (Vice -Mayor Parlier); Charisma Arreola, Foothill High School (Councilmember Smith); Alexsia Drulias, Garces Memorial High School (Councilmember Freeman); Makayia Ramirez, West High School (City Attorney Gennaro); Chase McLewis, East Bakersfield High School (Assistant City Manager Huot); Alexis Hill, Highland High School (Development Services Director Boyle); Sara Patel, Stockdale High School (Public Works Director Fidler); Alexis Morales, Kern Valley High School; and Cailyn McElwrath, North High School (City Clerk Drimakis). 2. INVOCATION by Pastor Andy Prince, Lead Pastor of Grace Baptist Church. 3. PLEDGE OF ALLEGIANCE by Highland High's Future Farmers (Emily Gonzalez, Austin Helms, Hannah Ballard and Havana Silva). Mayor Goh presented the Mayor's Medal to the Highland High Future Farmers in recognition of receiving First Place, for Bakersfield, in the National Future Farmers of America competition. 4. PRESENTATIONS a. Proclamation to Kern County Homeless Collaborative Youth Committee Chair, Allyson Seal, and Members, Victoria Limbean, Reyna Perez De Burbank, and Andrea Caldwell, declaring Homeless Youth Awareness Month in Bakersfield during November 2019. 11/20/19 CC AGENDA PACKET PG 14 Bakersfield, California, November 6, 2019- Page 2 4. PRESENTATIONS continued ITEM 4.a. CONTINUED Ms. Burbank accepted the proclamation and made comments. b. Proclamation to 02 Seekers of Bakersfield Support Group Leader, Deanna "Dee Dee" Towle, Robin Johnson and member Raymond Mars, recognizing Alpha-1 Antitrypsin Deficiency Awareness Month in Bakersfield during November 2019. Mr. Mars, Ms. Towle, and Ms. Johnson accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Curtis Bingham, Sr. expressed appreciation and gave blessings to the City and Councilmembers. b. Jennifer Keller expressed concerns with Downtown parking. C. Lilli Parker, Executive Director of Bakersfield Senior Center, expressed appreciation to city staff for their attendance at a meeting and response to questions regarding funding; encouraged more involvement with their community meetings; stated the center is looking for fund sources to renovate their facility; and requested the Bakersfield Senior Center be included in future general plan developments. d. The following individuals made comments regarding the affordable housing workshop: Adeyinka Glover, Leadership Council for Justice and Accountability, Wendell Wesley, Jr., and Troy Hightower. Mayor Goh recessed the meeting at 6:01 p.m. and reconvened the meeting at 6:08 p.m. 6. WORKSHOPS a. Update on City Efforts to Address Homelessness: Emergency Shelter Authorize the City Manager to: (1) negotiate preparation of a Purchase and Sale Agreement (PSA) with terms to be consistent with the executed Letter of Intent (LOI), with Ca/cot LTD to purchase 7.24 acres and associated Office Complex for $3,827,000 and 10 -acres of adjacent vacant land for $1,100,000, all located at 1900 E. Brundage Avenue ($4,927,000 total); and, (2) immediately initiate actions to begin conversion of the property as described in Administrative Report ($1,900,000 estimated). Assistant City Manager Kitchen made staff comments and provided a PowerPoint presentation. 11/20/19 CC AGENDA PACKET PG 15 Bakersfield, California, November 6, 2019- Page 3 6. WORKSHOPS continued ITEM 6.a. CONTINUED The following individuals made comments regarding the City's efforts to address homelessness: John Sacco, Sierra Recycling and Demolition; Louis Gill, CEO of the Bakersfield Homeless Shelter; Brandon Dye, SA Recycling; Tom Touchstone, Executive Pastor of Valley Bible Fellowship Church; Felipe Guerra, Sierra Recycling and Demolition; Nadine Escalante; Gina Black, Principal of Valley Schools; Justin Greer, Director of Children's Ministries for Valley Bible Fellowship Church; Johnell Ward, Sr.; Isaiah Crompton; and Pastor Jordan. Mayor Goh recessed the meeting at 7:04 p.m. and reconvened the meeting at 7:14 p.m. The following individuals made additional comments regarding the City's efforts to address homelessness: Matthew Cruise; Gary Massie; Pastor Freddie Louis Thomas II, Jerusalem Mission Church; Hector Rizo, Valley Bible Fellowship Church; Stephen Pelz, Executive Director of the Housing Authority of Kern County; Steve Tedder, Valley Bible Fellowship Church; Jim Wheeler, Flood Bakersfield Ministries; Bill Walker, Director of Kern Behavioral Health and Recovery Services; Sheila Shegos, Community Action Partnership of Kern; Kaelyn Peterson, Greater Bakersfield Chamber of Commerce (submitted written material); Olivia Terrazas; Justin Doss; Wendell Wesley, Jr.; Johnny Aldana III; Charles Everly; Pastor Tim Greys; Patrick Jackson; and Audrey Chavez. Councilmember Gonzales requested staff develop a "Good neighbor" policy that clearly states how the City will interact with the community; requested staff reach out to the community to continue the conversation and mitigation efforts; and requested staff provide regular updates on the facility once it is established. Motion by Councilmember Rivera directing staff not to take any additional steps forward in the negotiation or preparation of the purchase and sale agreement of the Calcot property, which includes not moving forward on the steps outlined in the administrative report. Motion by Councilmember Rivera requesting staff schedule a special meeting before the end of the month, to discuss and evaluate additional potential properties and discuss who will operate the facility. Vice -Mayor Parlier requested staff perform a detailed assessment on whether or not this location is an appropriate area for a Police Substation. 11/20/19 CC AGENDA PACKET PG 16 Bakersfield, California, November 6, 2019- Page 4 6. WORKSHOPS continued ITEM 6.a. CONTINUED Motion by Councilmember Freeman to defer action on this item until the January 8t" City Council meeting. Vice -Mayor Parlier requested staff perform a detailed assessment on the need for law enforcement, security services, and infrastructure needs, including crosswalks, street widening, and sidewalks, for each of the potential facility properties. Councilmember Gonzales requested staff reach out to respective communities, as soon as possible, after identifying any additional sites. Motion by Councilmember Freeman to delay action on this matter until January 22, 2020, to allow staff the time to evaluate, and bring back the cost benefit analysis of the Calcot site and any other available M-2 site, and organize a community outreach for those available sites. Motion passed with Councilmember Sullivan absent. Mayor Goh recessed the meeting at 9:16 p.m. and reconvened the meeting at 9:26 p.m. b. Presentation by Development Services Department on Affordable Housing. (Staff recommends to receive and file.) Development Services Director Boyle made staff comments. Principal Planner Griego and Principal Planner Carter made additional staff comments and provided a PowerPoint presentation. Adeyinka Glover, Leadership Council for Justice and Accountability, and Troy Hightower made comments regarding the presentation. Councilmember Rivera requested staff explore the possibility of further reducing fees for affordable housing projects and make a commitment to funding additional vouchers. Councilmember Rivera requested staff explore creating a more effective mechanism for taking advantage of vacant residential lots. Vice -Mayor Parlier requested staff reach out to the Leadership Council for Justice and Accountability to discuss their ideas. Troy Hightower made additional staff comments. 11/20/19 CC AGENDA PACKET PG 17 Bakersfield, California, November 6, 2019- Page 5 6. WORKSHOPS continued ITEM 6.b. CONTINUED Motion by Vice -Mayor Parlier to receive and file. Motion passed with Councilmember Sullivan absent. 7. APPOINTMENTS None. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the October 23, 2019, Special City Council Meetings. Payments: b. Receive and file department payments from October 11, 2019, to October 24, 2019, in the amount of $20,029,498.20; Self Insurance payments from October 11, 2019, to October 24, 2019, in the amount of $388,361.64; totaling $20,417,859.84. Ordinances: C. Adoption of ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. (FR 10/23/19) ORD 4997 Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RES 171-19 e. Resolution determining that a Caterpillar tractor can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT, Bakersfield and authorizing the Finance Director to dispense with bidding thereof, not to exceed $375,000. RES 172-19 11/20/19 CC AGENDA PACKET PG 18 Bakersfield, California, November 6, 2019— Page 6 8. CONSENT CALENDAR continued Resolution Granting Funds ($300,000) to the Kern County District Attorney to Reinstate the Community Prosecution Program. RES 173-19 g. Senate Bill 2 Planning Grant Program Application: Resolution authorizing the City of Bakersfield's application for, and receipt of, Senate Bill 2 Planning Grant Program (PGP) funds. RES 174-19 2. Appropriate $625,000 Senate Bill 2 Planning Grant Program (PGP) funds to Development Services Operating budget in the General Fund. h. Sewer connection fee assessment for 745 Real Road: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. RES 175-19 2. Agreement with Titus Linares and Donna Linares, 745 Real Road, to pay the sewer connection fee through the Kern County Tax Collector. AGR 19-215 Agreements: i. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7288 Unit 3 located east of Windermere Street and south of Campus Park Drive. AGR 19-216 Bids: j. Extend bid from Gibbs Truck Center, Bakersfield ($456,695.28) for the purchase of two asphalt -patching trucks for the Streets Division. Accept bid from Saitech Inc. ($119,995.13) for Dell Optiplex 3070 computers for the Technology Services Division. Accept bid and approve contract to California Waters Development, Inc., dba California Waters ($431,614) for pool filter renovations at McMurtrey Aquatic Center and Jefferson Park pool. AGR 19-217 11/20/19 CC AGENDA PACKET PG 19 Bakersfield, California, November 6, 2019- Page 7 8. CONSENT CALENDAR continued M. Purchase of a service truck for the Wastewater Division Accept bid from Jim Burke Ford, Bakersfield ($67,855.77) for a replacement service truck. 2. Appropriate $23,000 Sewer Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the purchase. Miscellaneous: n. Fiscal Year 2018-2019 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code § 66006. Successor Agency Business: Public Safety/Vital Services Measure: o. Resolution dispensing with formal bidding procedure in the purchase of JVC Kenwood mobile radios for the Bakersfield Police Department from Applied Technology Group, Inc. and authorizing the use of a cooperative procurement contract for the purchase of the radios in an amount not to exceed $94,500. RES 176-19 P. Amendment No. 1 to Resolution No. 121-19 to dispensing with bidding procedures due to the rejection of previous bids for the Bakersfield Police Department Shooting Range, not to exceed $2,400,000. RES 121-19(1) Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.p. Motion passed with Councilmember Sullivan absent. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Cancellation of Public Hearing Regarding Bond Financing for the Housing Authority of the County of Kern: Resolution approving the issuance of revenue bonds by the California Debt Limit Allocation Committee ("CDLAC") for the purpose of financing the construction of approximately 81 multi -family units of affordable housing and certain other matters relating thereto 11/20/19 CC AGENDA PACKET PG 20 Bakersfield, California, November 6, 2019- Page 8 10. HEARINGS continued ITEM 10.a. CONTINUED 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. (Staff recommends the City Council open the public hearing and fake no further action on the resolution and the indemnity agreement.) Development Services Director Boyle made staff comments. Hearing item 10.a. opened at 10:01 a.m. No one spoke. Hearing item 10.a. closed at 10:02 a.m. b. Appeal by Dowling Aaron Incorporated of the September 10, 2019 decision of the Board of Zoning Adjustment to deny a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue. (Staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 18-0397.) RES 177-19 Development Services Director Boyle made staff comments. Planning Director Coyle made staff comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 10:06 p.m. Justin Thomas, representing Yadwinder Singh, spoke in opposition to the staff recommendation. Ms. Medina, property owner of 349 Union Avenue, and Gabe Godinez, representing Ms. Medina, spoke in support of the staff recommendation; and submitted written material. Justin Thomas spoke in rebuttal opposition to the staff recommendation. Gabe Godinez spoke in rebuttal support of the staff recommendation. Hearing item 10.b. closed at 10:26 p.m. Motion by Councilmember Rivera to approve the staff recommendation. Motion passed with Councilmember Sullivan absent. 11/20/19 CC AGENDA PACKET PG 21 Bakersfield, California, November 6, 2019- Page 9 11. REPORTS None. 12. DEFERRED BUSINESS a. Adoption of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. (FR 10123119) (Staff recommends adoption of the ordinance.) ORD 4998 Development Services Director Boyle made staff comments. Planning Director Coyle and Principal Planner Johnson made additional staff comments and provided a PowerPoint presentation. Councilmember Smith announced he would abstain due to a potential conflict of interest. Motion by Councilmember Gonzales to adopt the ordinance. Motion passed with Councilmember Smith abstaining, Councilmember Weir voting no, and Councilmember Sullivan absent. 13. NEW BUSINESS a. Resolution setting the dates of the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2020. (Staff recommends City Council determination.) RES 178-19 A staff memorandum was received, transmitting a revised City Council meeting calendar, reflecting a change to the month of April. Assistant City Manager Huot made staff comments. Motion by Councilmember Weir to adopt the resolution and change the October 14th, 2020 meeting date to October 21ST, 2020. Motion passed with Councilmember Sullivan absent. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Freeman requested staff draft a Resolution in support of the ballot measure to preserve Proposition 13. 11/20/19 CC AGENDA PACKET PG 22 Bakersfield, California, November 6, 2019- Page 10 15. ADJOURNMENT Mayor Goh adjourned the meeting at 10:36 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 11/20/19 CC AGENDA PACKET PG 23 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Payments b. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 11/8/2019 WARD: SUBJECT: Receive and file department payments from October 25, 2019, to November 7, 2019, in the amount of $15,375,901.05; Self Insurance payments from October 25, 2019, to November 7, 2019, in the amount of $277,141.25; totaling $15,653,042.30. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the city's disbursements periodically to the City Council. ATTACHMENTS: Description ❑ 1 -AP Check RegisterAdmin 11-20-2019 ❑ 2 -EAP Check RegisterAdmin 11-20-2019 Type Backup Material Backup Material 11/20/19 CC AGENDA PACKET PG 24 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698464 28913 CRUZ, WALTER V Oct 25, 2019 $125.00 698465 20239 FINNEY, JOSHUA Oct 25, 2019 $957.00 698466 26037 FOSTER, JOHNNY Oct 25, 2019 $125.00 698467 23923 FREY, JUSTIN Oct 25, 2019 $125.00 698468 30615 GONZALEZ, RAUL Oct 25, 2019 $125.00 698469 15034 HINSON, CHARLES Oct 25, 2019 $125.00 698470 21417 JARA, JUAN Oct 25, 2019 $125.00 698471 30614 MEDEL, DANIEL Oct 25, 2019 $125.00 698472 25329 MERJIL, GUSTAVO G. Oct 25, 2019 $125.00 698473 23402 PEREZ, JOSE DANTE Oct 25, 2019 $88.12 698474 6654 RANGEL, RAFAEL Oct 25, 2019 $125.00 698475 26664 RENTERIA, MICHAEL Oct 25, 2019 $75.76 698476 23878 CHAVERS, REGINA Oct 25, 2019 $687.00 698477 22346 ABACUS I M T INC Oct 31, 2019 $2,583.91 698478 30229 ABM INDUSTRY GROUPS LLC Oct 31, 2019 $808.07 698479 21748 ACCO ENGINEERED SYSTEMS Oct 31, 2019 $384.00 698480 30598 ACTIVE INTEREST MEDIA/CRUZ BAY PUB Oct 31, 2019 $500.00 698481 15433 ADVANCE MOBILE SECURITY Oct 31, 2019 $521.30 698482 81 ADVANCED DATA STORAGE INC Oct 31, 2019 $48.25 698483 25365 AECOM TECHNICAL SERVICES INC Oct 31, 2019 $709,169.85 698484 17100 AEROS ENVIRONMENTAL INC Oct 31, 2019 $435.00 698485 29926 AG WELD Oct 31, 2019 $2,290.26 698486 17223 AIR CONTROL BALANCING INC Oct 31, 2019 $2,100.00 698487 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $333.60 698488 30611 ALIENVAULT INC Oct 31, 2019 $24,793.00 698489 160 ALL THAT LETTERING SIGN COMPNY Oct 31, 2019 $814.12 698490 29956 ALLIED NETWORK SOLUTIONS INC Oct 31, 2019 $492.54 698491 23588 ALUMINUM CHUCK WAGON Oct 31, 2019 $2,690.99 698492 30586 ALVARADO, INO Oct 31, 2019 $336.00 698493 988 AMERICAN HEALTHCARE PRODUCTS Oct 31, 2019 $1,020.19 698494 23508 AMIN, HASMUHK C Oct 31, 2019 $10,000.00 698495 347 AMREP INC Oct 31, 2019 $500.00 698496 394 APPLEBY & COMPANY Oct 31, 2019 $181.71 698497 17406 ARCED, CARLOS Oct 31, 2019 $125.00 698498 29343 ARCHAMBAULT, PAUL Oct 31, 2019 $387.04 698499 28195 ARMIJO, JOSEPH Oct 31, 2019 $66.00 698500 23227 AURIN, DANNY Oct 31, 2019 $125.00 698501 536 AVERYASSOCIATES Oct 31, 2019 $3,150.00 698502 25940 BACA, ANTHONY Oct 31, 2019 $168.00 698503 30162 BAKER & HOSTETLER LLP Oct 31, 2019 $3,579.00 698504 675 BAKERSFIELD CALIFORNIAN Oct 31, 2019 $1,289.32 698505 875 BAKERSFIELD TRUCK CENTER Oct 31, 2019 $1,190.68 698506 30063 BARAJAS, NESTOR Oct 31, 2019 $66.00 698507 13424 BARNES WELDING SUPPLY Oct 31, 2019 $2,103.34 698508 945 BARNETT'S TOWING SERVICE INC Oct 31, 2019 $74.00 698509 28297 BARRIER, DOUGLAS Oct 31, 2019 $66.00 698510 30446 BERNAL, ALEX Oct 31, 2019 $315.00 698511 26982 BESTWAY LAUNDRY SOLUTIONS Oct 31, 2019 $1,861.77 698512 28231 BIG BRAND TIRE & SERVICE Oct 31, 2019 $120.00 698513 30623 BISHOP, MARK Oct 31, 2019 $450.00 698514 29237 BLACK, JOHNNY Oct 31, 2019 $63.00 698515 21172 BLACKHOLE TECHNOLOGIES INC Oct 31, 2019 $10,569.06 698516 19197 BLAKEMORE, JEREMY Oct 31, 2019 $306.84 698517 28865 BLUE SHIELD OF CALIFORNIA Oct 31, 2019 $647,292.16 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 25 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698518 28341 BOB'S AUTO GLASS INC Oct 31, 2019 $388.36 698519 1175 BOBS WHOLESALE AUTO GLASS Oct 31, 2019 $283.38 698520 22817 BORN AGAIN BODYWORKS Oct 31, 2019 $3,657.13 698521 18692 BOUND TREE MEDICAL LLC Oct 31, 2019 $1,994.30 698522 1249 BRANDCO Oct 31, 2019 $1,066.50 698523 10037 MISCELLANEOUS TRUST VENDOR Oct 31, 2019 $10.00 698524 19303 BRIGHT HOUSE NETWORKS Oct 31, 2019 $139.30 698525 1292 BROWN ARMSTRONG Oct 31, 2019 $15,300.00 698526 1314 BROWNELLS INC Oct 31, 2019 $2,203.34 698527 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $10.07 698528 10267 BUDGET BOLT INC Oct 31, 2019 $513.23 698529 24240 BUILDING ELECTRONIC CONTROLS INC Oct 31, 2019 $1,230.00 698530 29802 BULLOCK, JACQUELINE Oct 31, 2019 $399.00 698531 22565 BURTCH CONSTRUCTION INC Oct 31, 2019 $43,482.67 698532 1477 CAL VALLEY EQUIPMENT INC Oct 31, 2019 $3,215.81 698533 12366 CALIFORNIA ASSOCIATION OF CODE Oct 31, 2019 $190.00 698534 1694 CALIFORNIA WATER SERVICE Oct 31, 2019 $17,639.50 698535 1766 CAROLLO ENGINEERS INC Oct 31, 2019 $15,691.13 698536 27476 CARTER, ADELINA Oct 31, 2019 $33.00 698537 24320 CAVU/ROCK PROPERTIES PROJECT I LLC Oct 31, 2019 $15,000.00 698538 16974 CERTEX WEST USA INC Oct 31, 2019 $251.10 698539 1888 CHAMPION HARDWARE Oct 31, 2019 $1,198.66 698540 14931 CHEM PRO LABORATORY INC Oct 31, 2019 $2,743.37 698541 2016 CLARK PEST CONTROL INC Oct 31, 2019 $330.00 698542 2050 CLIFFORD & BROWN Oct 31, 2019 $2,919.23 698543 29966 CODE PUBLISHING COMPANY Oct 31, 2019 $119.30 698544 21034 COLEMAN, VERION Oct 31, 2019 $271.00 698545 25259 COMMERCIAL CLEANING SYSTEMS INC Oct 31, 2019 $6,088.27 698546 17466 COMPUTER CONFIGURATION SERVICE Oct 31, 2019 $12,183.00 698547 27509 CONTRERAS, ANGEL Oct 31, 2019 $441.00 698548 29585 CORRAL, MARIYA Oct 31, 2019 $66.00 698549 27684 COURTHOUSE NEWS SERVICE Oct 31, 2019 $225.00 698550 26894 CPS HR CONSULTING Oct 31, 2019 $8,500.00 698551 27218 CUMMINS PACIFIC LLC Oct 31, 2019 $2,571.27 698552 14582 DAVE BANG ASSOCIATES INC Oct 31, 2019 $4,950.99 698553 18646 DAVENPORT, REX Oct 31, 2019 $271.00 698554 25337 DAVES FLEET MAINT & TOWING INC Oct 31, 2019 $111.00 698555 4140 DAVID JANES COMPANY Oct 31, 2019 $208.53 698556 28371 DAVIS, JOSEPH T Oct 31, 2019 $800.00 698557 2442 DELANEY & AHLF DIESEL SERVICE INC Oct 31, 2019 $94.51 698558 11271 DEPARTMENT OF TRANSPORTATION Oct 31, 2019 $2,680.53 698559 29256 DEWITZ, JEFF Oct 31, 2019 $315.00 698560 2558 DISPENSING TECHNOLOGY CORP Oct 31, 2019 $816.22 698561 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $98.00 698562 70009 DOWNTOWN BUSINESS ASSOC Oct 31, 2019 $187.00 698563 27412 DRIMAKIS, JULIE Oct 31, 2019 $555.82 698564 2769 EL POPULAR CALIFORNIA Oct 31, 2019 $315.00 698565 2752 ELBERT DISTRIBUTING Oct 31, 2019 $150.74 698566 25558 ELROD, STEPHEN Oct 31, 2019 $607.50 698567 27467 EMERGENCY VEHICLE OUTFITTERS Oct 31, 2019 $625.35 698568 70545 ENTACT LLC Oct 31, 2019 $400.00 698569 29076 ESPINOZA, JOSEPH Oct 31, 2019 $125.00 698570 30617 EVANS, VIRNELL AND JOHN Oct 31, 2019 $6,081.49 698571 30582 FAVA, NANCY Oct 31, 2019 $870.00 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 26 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698572 2901 FEDEX Oct 31, 2019 $557.40 698573 12091 FEOLA, CHRISTOPHER Oct 31, 2019 $66.00 698574 10037 MISCELLANEOUS TRUST VENDOR Oct 31, 2019 $10.00 698575 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $33.80 698576 25215 FIRE SAFETY EDUCATION Oct 31, 2019 $180.00 698577 19657 FIRST CHOICE SERVICES INC Oct 31, 2019 $403.84 698578 25339 FLEET SERVICES TOWING INC Oct 31, 2019 $37.00 698579 29556 FORENSIC STORE Oct 31, 2019 $7,252.00 698580 29238 FOX, PERRY Oct 31, 2019 $630.00 698581 29953 FREEMAN, BRUCE Oct 31, 2019 $202.76 698582 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $58.34 698583 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $15.59 698584 28178 GARCIA, ADAM Oct 31, 2019 $391.00 698585 308 GARDENERS SUPPLY INC Oct 31, 2019 $526.60 698586 28064 GENERAL TREE SERVICE INC Oct 31, 2019 $6,614.00 698587 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $358.84 698588 14923 GOLDEN EMPIRE AFFORDABLE HOUSING Oct 31, 2019 $121,604.63 698589 29136 GONZALES, ANDRAE Oct 31, 2019 $157.76 698590 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $81.59 698591 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $40.38 698592 21689 GRIEGO, CECELIA Oct 31, 2019 $535.62 698593 18893 GRIMES, JEREMY Oct 31, 2019 $111.08 698594 24693 GRUBBS, JOSH Oct 31, 2019 $336.00 698595 24139 GUTIERREZ TIRE & WHEEL INC Oct 31, 2019 $4,161.65 698596 30537 GUTIERREZ, NATHAN Oct 31, 2019 $179.72 698597 24429 H & E EQUIPMENT SERVICES LLC Oct 31, 2019 $1,292.70 698598 3569 H & S BODY WORKS & TOWING Oct 31, 2019 $37.00 698599 3571 H & S HOSE & SUPPLY INC Oct 31, 2019 $355.38 698600 30509 H A SALA Oct 31, 2019 $10,000.00 698601 30000 H&H AUTO PARTS WHOLESALE Oct 31, 2019 $558.02 698602 162 HADDAD DODGE Oct 31, 2019 $712.70 698603 3593 HALL LETTER SHOP Oct 31, 2019 $112.25 698604 3660 HARBOR FREIGHT TOOLS Oct 31, 2019 $56.26 698605 14753 HEREDIA, MARTIN Oct 31, 2019 $271.00 698606 29769 HERNANDEZ, CHRISTIAN Oct 31, 2019 $66.00 698607 10771 HERNANDEZ, PAUL Oct 31, 2019 $66.00 698608 20491 HOLCOMBE, BRIAN Oct 31, 2019 $271.00 698609 30391 HOME DEPOT PRO Oct 31, 2019 $2,421.93 698610 29894 HUMAN SOLUTION Oct 31, 2019 $1,788.29 698611 3929 HYDRAULIC CONTROLS INC Oct 31, 2019 $1,097.48 698612 27898 IES ENGINEERING/INNOVATIVE ENG SYS Oct 31, 2019 $7,492.05 698613 30620 J GREG SMITH INC Oct 31, 2019 $750.00 698614 30395 JAB COMMUNICATIONS INC Oct 31, 2019 $11,004.15 698615 30618 JACKSON, JAIMIE Oct 31, 2019 $385.00 698616 23264 JACKSON, RONALD Oct 31, 2019 $278.35 698617 29362 JAMES, LOUIS Oct 31, 2019 $66.00 698618 25838 JCI JONES CHEMICALS INC Oct 31, 2019 $4,524.39 698619 147 JIM ALFTER CEMENT CONTRACTOR Oct 31, 2019 $6,330.57 698620 17798 JOHN DEERE COMPANY Oct 31, 2019 $62,106.44 698621 30626 JONES, IAN Oct 31, 2019 $66.00 698622 10037 MISCELLANEOUS TRUST VENDOR Oct 31, 2019 $11.00 698623 25527 JTB SUPPLY CO INC Oct 31, 2019 $2,720.94 698624 12857 KAISER PERMANENTE Oct 31, 2019 $35,014.23 698625 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 31, 2019 $2,603.04 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 27 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698626 4573 KERN COUNTY WATER AGENCY Oct 31, 2019 $4.56 698627 4581 KERN ELECTRIC DISTRIBUTORS Oct 31, 2019 $1,005.08 698628 7492 KERN MACHINERY INC Oct 31, 2019 $2,574.76 698629 26248 KERN PRINT SERVICES INC Oct 31, 2019 $491.93 698630 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $459.46 698631 4677 KERN REFUSE DISPOSAL, INC Oct 31, 2019 $1,488,593.08 698632 4680 KERN RIVER POWER EQUIPMENT INC Oct 31, 2019 $1,894.64 698633 4861 KISCO SALES INC Oct 31, 2019 $195.42 698634 28128 KITCHEN, JACQUELYN Oct 31, 2019 $51.88 698635 4277 KME FIRE APPARATUS Oct 31, 2019 $874.07 698636 4875 KNIGHTS PUMPING & PORTABLE SVC INC Oct 31, 2019 $401.14 698637 4944 KWIK SIGNS INC Oct 31, 2019 $183.01 698638 14219 L A GRINDING INC Oct 31, 2019 $115.00 698639 23743 LANDSCAPE DEVELOPMENT INC Oct 31, 2019 $875.00 698640 25309 LANGO, PETER M Oct 31, 2019 $399.00 698641 29268 LAWSON PRODUCTS INC Oct 31, 2019 $375.42 698642 30135 LEE ANDREWS GROUP Oct 31, 2019 $1,472.90 698643 30489 LEGGE, LENA Oct 31, 2019 $216.84 698644 22408 LEHR AUTO ELECTRIC Oct 31, 2019 $2,131.51 698645 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $27.46 698646 30130 LUEVANO, SANTOS Oct 31, 2019 $74.00 698647 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $30.00 698648 30619 LUNA, JOSE ALVARADO Oct 31, 2019 $7,500.00 698649 23764 LYNN CAPOUYA INC Oct 31, 2019 $2,724.60 698650 18492 M & S SECURITY SERVICES Oct 31, 2019 $1,458.00 698651 17975 MAGANA, SUSAN Oct 31, 2019 $114.00 698652 22007 MALLEY, MICHAEL Oct 31, 2019 $66.00 698653 30321 MANNING, JUSTIN Oct 31, 2019 $252.00 698654 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $125.42 698655 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $394.16 698656 25274 MARTIN & SONS UPHOLSTERY Oct 31, 2019 $790.00 698657 29592 MARTIN, ELIZABETH Oct 31, 2019 $66.00 698658 30621 MCADIRECT Oct 31, 2019 $134.25 698659 18657 MCAFEE, DANIEL Oct 31, 2019 $271.00 698660 5333 MCCORMICK, TERESAA Oct 31, 2019 $14.00 698661 28676 MCNABB, KYLE Oct 31, 2019 $66.00 698662 29767 MCWILLIAMS, AARON Oct 31, 2019 $90.77 698663 25190 MEMORIAL OCCUPATIONAL MEDICINE Oct 31, 2019 $1,051.25 698664 7064 MERCHANTS PRINTING & ENVELOPE Oct 31, 2019 $465.26 698665 30456 MFE RENTALS INC Oct 31, 2019 $581.36 698666 24077 MICHEL AUTO TECH Oct 31, 2019 $5,425.84 698668 1316 MICHELIN NORTH AMERICA INC Oct 31, 2019 $22,594.74 698669 5681 MOSS, ROBERT B JR Oct 31, 2019 $6,789.14 698670 5688 MOTION INDUSTRIES INC Oct 31, 2019 $59.40 698671 5687 MOTOR CITY SALES & SERVICE Oct 31, 2019 $178.68 698672 885 MSC INDUSTRIAL SUPPLY CO INC Oct 31, 2019 $72.13 698673 27379 MUNICIPAL EMERGENCY SERVICES Oct 31, 2019 $1,001.31 698674 5870 NB SALES & SERVICES Oct 31, 2019 $2,435.63 698675 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $8.93 698676 24167 NOLTE ASSOCIATES INC Oct 31, 2019 $68,450.64 698677 20361 NOSSAMAN LLP Oct 31, 2019 $16,306.20 698678 25016 NSM RECYCLING INC Oct 31, 2019 $6,700.00 698679 28687 NV5 INC Oct 31, 2019 $476,902.50 698680 22824 OCCUPATIONAL HEALTH CTRS OF CA. INC Oct 31, 2019 $58.50 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 28 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698681 10361 OPEN & SHUT ENTERPRISES Oct 31, 2019 $321.75 698682 29941 OROZCO, JAIME Oct 31, 2019 $66.00 698683 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $1,294.26 698684 14515 OXLEY'S PEST CONTROL INC Oct 31, 2019 $50.00 698685 29655 P &A ADMINISTRATION SERVICES INC Oct 31, 2019 $1,561.54 698686 29655 P & A ADMINISTRATION SERVICES INC Oct 31, 2019 $4,519.54 698687 29655 P &A ADMINISTRATION SERVICES INC Oct 31, 2019 $4,629.15 698688 29655 P & A ADMINISTRATION SERVICES INC Oct 31, 2019 $2,880.14 698689 29655 P &A ADMINISTRATION SERVICES INC Oct 31, 2019 $2,646.00 698690 29655 P & A ADMINISTRATION SERVICES INC Oct 31, 2019 $671.85 698691 6448 P T O SALES CORP / TRUCKPRO LLC Oct 31, 2019 $254.50 698692 17512 PACHECO, URIEL Oct 31, 2019 $66.00 698693 6122 PACIFIC POWER INC Oct 31, 2019 $74.75 698694 13209 PARKHOUSE TIRE INC Oct 31, 2019 $4,093.84 698695 28058 PARLIER, CHRIS Oct 31, 2019 $157.76 698696 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $5.00 698697 24029 PAYLESS TOWING Oct 31, 2019 $111.00 698698 6263 PENSINGER TRAILER RENTALS Oct 31, 2019 $780.37 698699 27046 PETERSON CORP Oct 31, 2019 $275.37 698700 22530 PHIPPEN, GLENN Oct 31, 2019 $74.00 698701 29637 PINNACLE PETROLEUM INC Oct 31, 2019 $80,287.84 698702 28784 PISANO, LISETH Oct 31, 2019 $510.00 698703 25803 POLM, JAMIE Oct 31, 2019 $169.00 698704 29668 PUDIPEDDI, RAVI SHANKAR Oct 31, 2019 $65.00 698705 785 PURIFYING SYSTEMS INC Oct 31, 2019 $1,695.60 698706 6664 RAMOS, MARTIN Oct 31, 2019 $125.00 698707 20713 RANDY'S TOWING LLC Oct 31, 2019 $37.00 698708 3249 RAY GASKIN SERVICE INC Oct 31, 2019 $577.69 698709 6682 RAYMONDS TROPHY AND AWARDS Oct 31, 2019 $587.91 698710 28480 READY REFRESH Oct 31, 2019 $56.22 698711 24154 REYNOLDS, JACK Oct 31, 2019 $78.00 698712 28837 RICHARDS CRANE SERVICE LLC Oct 31, 2019 $1,579.48 698713 29257 RIVERA, FRANCISCO Oct 31, 2019 $63.00 698714 27177 RIVERA, WILLIE Oct 31, 2019 $227.76 698715 14493 RODRIGUES, JOHN Oct 31, 2019 $271.00 698716 29099 ROTATIONAL MOLDING INC Oct 31, 2019 $27,269.26 698717 27439 SALAZAR, NOEMI Oct 31, 2019 $66.00 698718 27205 SALCIDO, DANIEL Oct 31, 2019 $273.00 698719 12665 SAN JOAQUIN FENCE & SUPPLY Oct 31, 2019 $3,317.95 698720 19102 SANCHEZ, NORI Oct 31, 2019 $205.22 698721 23332 SANDOVAL, ROANI Oct 31, 2019 $65.00 698722 30601 SENET INTERNATIONAL CORPORATION Oct 31, 2019 $31,000.00 698723 17273 SEQUOIA SANDWICH COMPANY Oct 31, 2019 $126.95 698724 18005 SLATER PLUMBING & MECHANICAL Oct 31, 2019 $750.00 698725 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $451.00 698726 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $377.00 698727 7434 SMART & FINAL IRIS COMPANY Oct 31, 2019 $594.26 698728 26820 SMITH, BOB Oct 31, 2019 $157.76 698729 7459 SNIDER'S INC Oct 31, 2019 $51.96 698730 23989 SNOW, CASEY Oct 31, 2019 $50.00 698731 27951 SOLENIS LLC Oct 31, 2019 $52,714.29 698732 23456 SORENSON,VERNON MD INC Oct 31, 2019 $7,715.00 698733 22620 SOUTHWEST LIFT & EQUIPMENT INC Oct 31, 2019 $1,572.91 698734 11907 SPARKLETTS/SIERRA SPRINGS Oct 31, 2019 $344.70 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 29 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698735 25502 SPARTAN TRUCK CO INC Oct 31, 2019 $320.63 698736 11624 STARBUCK, RYAN Oct 31, 2019 $99.00 698737 7719 SUBURBAN PROPANE Oct 31, 2019 $261.11 698738 10335 SULLIVAN, JACQUIE Oct 31, 2019 $35.10 698739 7727 SUN BADGE CO Oct 31, 2019 $265.39 698740 21646 SUNBELT RENTALS, INC. Oct 31, 2019 $469.16 698741 29458 SUPERION, LLC Oct 31, 2019 $162.38 698742 30030 SUPPORT PRODUCT SERVICES INC Oct 31, 2019 $487.19 698743 28163 SWITZER, PHILIP Oct 31, 2019 $525.00 698744 21158 TARGET SPECIALTY PRODUCTS Oct 31, 2019 $17,835.44 698745 29053 TATES JANITORIAL SERVICE Oct 31, 2019 $4,441.25 698746 25338 TEN EIGHT TOW INC Oct 31, 2019 $222.00 698747 851 TENNANT COMPANY Oct 31, 2019 $322.98 698748 10037 MISCELLANEOUS TRUST VENDOR Oct 31, 2019 $49.50 698749 19961 THE HON COMPANY -C/O STINSONS Oct 31, 2019 $2,925.47 698750 30108 THEBEAU, BRENDAN Oct 31, 2019 $66.00 698751 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $90.00 698752 26685 TORRES, SPRING Oct 31, 2019 $169.00 698753 23837 TPX COMMUNICATIONS Oct 31, 2019 $1,418.69 698754 25991 TRAMEL, MATTHEW Oct 31, 2019 $271.00 698755 21369 TRANS -WEST SECURITY INC Oct 31, 2019 $9,329.07 698756 96 TYACK TIRES INC Oct 31, 2019 $367.18 698757 15212 U.S. BEHAVIORAL HEALTH PLAN Oct 31, 2019 $1,201.60 698758 27786 UNION BANK TRUST DEPT -FEES Oct 31, 2019 $875.00 698759 29221 UNITED CONCORDIA DENTAL PLANS OF CA Oct 31, 2019 $4,777.75 698760 13920 UNITED SITE SERVICES OF CA INC Oct 31, 2019 $600.84 698761 26780 UNIVERSAL BACKGROUND SCREENING INC Oct 31, 2019 $3,021.99 698762 23301 VALLEY CYCLE & MOTOR SPORTS INC Oct 31, 2019 $363.93 698763 26060 VANGUARD CLEANING SYSTEMS INC Oct 31, 2019 $195.00 698764 30625 VASQUEZ, GEORGE Oct 31, 2019 $271.00 698765 20601 VERIZON WIRELESS Oct 31, 2019 $3,618.82 698766 28738 VONDOHLEN, LACEY Oct 31, 2019 $639.45 698767 5158 W M LYLES COMPANY Oct 31, 2019 $1,124,040.00 698768 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $54.21 698769 30488 WASSEF, MENA Oct 31, 2019 $44.25 698770 14647 WAXIE SANITARY SUPPLY INC Oct 31, 2019 $937.88 698771 16020 WEATHERBYS FURNITURE GUILD Oct 31, 2019 $1,523.08 698772 30624 WEST, JUSTIN L Oct 31, 2019 $800.00 698773 26447 WESTCOAST HYDRAULICS Oct 31, 2019 $258.78 698774 23733 WHEELER, JAMES Oct 31, 2019 $1,600.00 698775 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 31, 2019 $1,181.06 698776 20165 WILLDAN ENGINEERING Oct 31, 2019 $1,570.00 698777 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $1,041.32 698778 29768 YEARY, NADINE Oct 31, 2019 $66.00 698779 9244 ZEP MANUFACTURING COMPANY Oct 31, 2019 $276.04 698780 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $49.53 698781 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $861.63 698782 17204 4 IMPRINT INC Oct 31, 2019 $631.09 698786 78 ADVANCED DISTRIBUTION CO Oct 31, 2019 $15,308.88 698787 12516 AIMS Oct 31, 2019 $10,150.50 698790 8530 AMERIPRIDE UNIFORM SERVICES Oct 31, 2019 $3,238.38 698792 1049 APPLIED LNG TECHNOLOGIES LLC Oct 31, 2019 $41,537.65 698793 10199 BAKERSFIELD CITY EMPLOYEE Oct 31, 2019 $1,531.50 698794 10320 BAKERSFIELD HOMELESS CENTER Oct 31, 2019 $39,848.23 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 30 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698795 10320 BAKERSFIELD HOMELESS CENTER Oct 31, 2019 $26,914.56 698801 1696 CALIFORNIA WATER SERVICE Oct 31, 2019 $162,598.74 698802 13631 CARB/PERP Oct 31, 2019 $1,570.00 698803 30622 CHANNEL LAW GROUP LLP Oct 31, 2019 $300,000.00 698804 11937 CITY OF BAKERSFIELD Oct 31, 2019 $27.15 698805 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $0.42 698806 10047 MISC RECEIVABLE REFUND VENDOR Oct 31, 2019 $6,246.13 698807 2468 DEPARTMENT OF JUSTICE Oct 31, 2019 $1,976.00 698809 3403 GOLDEN STATE PETERBILT Oct 31, 2019 $5,402.70 698813 3427 GRAINGER INC, W W Oct 31, 2019 $7,077.40 698814 3450 GRANITE CONSTRUCTION INC Oct 31, 2019 $85,430.00 698817 7933 HOME DEPOT Oct 31, 2019 $5,223.25 698822 4740 KERN TURF SUPPLY Oct 31, 2019 $12,472.16 698826 15624 LOWE'S HOME IMPROVEMENT Oct 31, 2019 $4,030.80 698828 24279 O'REILLY AUTO PARTS Oct 31, 2019 $848.96 698831 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 31, 2019 $345,326.11 698833 27361 SC FUELS Oct 31, 2019 $51,869.68 698834 7103 SJVAPCD Oct 31, 2019 $2,671.00 698835 7509 SOCALGAS Oct 31, 2019 $36.44 698836 7508 SOUTHERN CALIFORNIA EDISON CO. Oct 31, 2019 $1,266.97 698837 7636 STATE WATER RESOURCES CONTROL BOARD Oct 31, 2019 $125.00 698839 10428 UNITED REFRIGERATION INC Oct 31, 2019 $1,146.85 698840 10204 ASSOCIATION BKFD POLICE OFFICER FCU Nov 1, 2019 $14,120.43 698841 10211 BAKERSFIELD FIREMEN Nov 1, 2019 $10,051.72 698842 10200 BAKERSFIELD FIREMEN RELIEF ASS Nov 1, 2019 $7,772.48 698843 10203 BAKERSFIELD POLICE BENEFIT Nov 1, 2019 $25,382.48 698844 10205 MUTUAL BENEFIT ASSOCIATION Nov 1, 2019 $1,891.59 698845 26810 RELIASTAR LIFE INSURANCE CO Nov 1, 2019 $1,826.06 698846 22324 SEIU LOCAL 521 Nov 1, 2019 $15,105.87 698847 497 AT&T Nov 7, 2019 $175.00 698848 537 AT&T Nov 7, 2019 $16,918.29 698849 18484 AT&T Nov 7, 2019 $301.34 698850 17111 AARDVARK Nov 7, 2019 $39,781.88 698851 20576 ACTION GLASS INC Nov 7, 2019 $939.83 698852 81 ADVANCED DATA STORAGE INC Nov 7, 2019 $26.25 698853 28831 ADVANCED INDUSTRIAL SERVICES Nov 7, 2019 $6,764.00 698854 25365 AECOM TECHNICAL SERVICES INC Nov 7, 2019 $3,181.98 698855 30632 AGUILAR, ROXANNE LEE Nov 7, 2019 $210.49 698856 12516 AIMS Nov 7, 2019 $37,232.83 698857 18426 ALBERTSON, KEVIN Nov 7, 2019 $363.00 698858 19696 ALEMAN, KIMBERLY Nov 7, 2019 $95.70 698859 29450 ALL AMERICAN UNIFORMS LLC Nov 7, 2019 $349.59 698860 160 ALL THAT LETTERING SIGN COMPNY Nov 7, 2019 $880.00 698861 28887 ALLIANT INSURANCE SERVICES, INC Nov 7, 2019 $5,460.00 698862 23588 ALUMINUM CHUCK WAGON Nov 7, 2019 $7,251.62 698863 26835 AMERICAN RED CROSS -HEALTH & Nov 7, 2019 $330.00 698864 295 AMERICAN SAFETY SERVICES INC Nov 7, 2019 $1,762.61 698865 347 AMREP INC Nov 7, 2019 $114.79 698866 29945 AXON ENTERPRISE INC Nov 7, 2019 $530,650.58 698867 655 B A S E-BAKERSFIELD ATHLETIC SUP EQ Nov 7, 2019 $89.74 698868 675 BAKERSFIELD CALIFORNIAN Nov 7, 2019 $1,243.52 698869 12135 BAKERSFIELD COLLEGE Nov 7, 2019 $59.00 698870 14566 BAKERSFIELD PAINT & WALLPAPER Nov 7, 2019 $593.29 698871 971 BAKERSFIELD PLUMBING CO INC Nov 7, 2019 $200.25 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 31 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698872 841 BAKERSFIELD RUBBER STAMP CO Nov 7, 2019 $46.44 698873 857 BAKERSFIELD S P C A Nov 7, 2019 $84,132.00 698874 13424 BARNES WELDING SUPPLY Nov 7, 2019 $97.03 698875 945 BARNETT'S TOWING SERVICE INC Nov 7, 2019 $74.00 698876 30633 BELL, ANNA REBECCA AND BRIAN Nov 7, 2019 $125.27 698877 30634 BENAVIDEZ, ERIC NATHANIEL Nov 7, 2019 $81.00 698878 28231 BIG BRAND TIRE & SERVICE Nov 7, 2019 $1,804.80 698879 23444 BILLINGSLEY, MATTHEW Nov 7, 2019 $203.00 698880 1107 BLACKBURN, CLINT Nov 7, 2019 $236.00 698881 21172 BLACKHOLE TECHNOLOGIES INC Nov 7, 2019 $191.51 698882 28341 BOB'S AUTO GLASS INC Nov 7, 2019 $449.85 698883 1175 BOBS WHOLESALE AUTO GLASS Nov 7, 2019 $3,006.26 698884 22817 BORN AGAIN BODYWORKS Nov 7, 2019 $3,520.35 698885 18692 BOUND TREE MEDICAL LLC Nov 7, 2019 $466.00 698886 1249 BRANDCO Nov 7, 2019 $1,623.61 698887 19303 BRIGHT HOUSE NETWORKS Nov 7, 2019 $144.98 698888 1271 BROCKS TRAILER Nov 7, 2019 $4,023.72 698889 613 BSK ASSOCIATES Nov 7, 2019 $9,010.00 698890 615 BSSR Nov 7, 2019 $196.00 698891 10267 BUDGET BOLT INC Nov 7, 2019 $107.04 698892 22565 BURTCH CONSTRUCTION INC Nov 7, 2019 $19,840.47 698893 12366 CALIFORNIA ASSOCIATION OF CODE Nov 7, 2019 $95.00 698894 29489 CALIFORNIA SURFACE SOLUTIONS INC Nov 7, 2019 $450.00 698895 24940 CAMPBELL, CHRIS Nov 7, 2019 $850.50 698896 22658 CDW GOVERNMENT Nov 7, 2019 $9,182.31 698897 28255 CELEDON, ERIC Nov 7, 2019 $165.00 698898 19922 CENTRAL CALIFORNIA POWER INC Nov 7, 2019 $392.32 698899 1888 CHAMPION HARDWARE Nov 7, 2019 $1,634.22 698900 2016 CLARK PEST CONTROL INC Nov 7, 2019 $390.00 698901 2050 CLIFFORD & BROWN Nov 7, 2019 $16,244.00 698902 801 CLIFFORD & BROWN TRUST Nov 7, 2019 $4,200.00 698903 30627 CORONA, LETICIA Nov 7, 2019 $182.95 698904 23309 CORONADO, MICHAEL Nov 7, 2019 $236.00 698905 27218 CUMMINS PACIFIC LLC Nov 7, 2019 $1,522.14 698906 27296 D & D DISPOSAL INC Nov 7, 2019 $924.00 698907 14582 DAVE BANG ASSOCIATES INC Nov 7, 2019 $2,700.92 698908 25337 DAVES FLEET MAINT & TOWING INC Nov 7, 2019 $37.00 698909 30635 DAVIS, RICHARD Nov 7, 2019 $882.19 698910 25742 DISCOUNT RADIATOR CENTER Nov 7, 2019 $792.61 698911 30641 ELI INC Nov 7, 2019 $4,527.06 698912 572 ENGINEERING SUPPLY COMPANY Nov 7, 2019 $3,000.00 698913 2811 ENTENMANN ROVIN CO Nov 7, 2019 $104.47 698914 23720 ERNEST PACKING SOLUTIONS INC Nov 7, 2019 $6,072.84 698915 2830 EWING IRRIGATION PRODUCTS Nov 7, 2019 $525.60 698916 16624 FASTENAL COMPANY Nov 7, 2019 $464.74 698917 2901 FEDEX Nov 7, 2019 $15.53 698918 15252 FIDLER, NICK Nov 7, 2019 $165.00 698919 29752 FIRST ALARM WELLNESS INC Nov 7, 2019 $6,000.00 698920 10047 MISC RECEIVABLE REFUND VENDOR Nov 7, 2019 $173.51 698921 29824 FREDS BARBECUE FACTORY Nov 7, 2019 $1,794.35 698922 25786 G S E CONSTRUCTION CO INC Nov 7, 2019 $219,120.73 698923 30355 GATR TECHNOLOGIES INC Nov 7, 2019 $6,810.01 698924 25779 GCI EQUIPMENT RENTAL Nov 7, 2019 $1,668.34 698925 28064 GENERAL TREE SERVICE INC Nov 7, 2019 $11,661.00 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 32 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698926 3358 GILLIAM & SONS INC Nov 7, 2019 $82,044.50 698927 18722 GLOBALSTAR USA INC Nov 7, 2019 $91.46 698928 10037 MISCELLANEOUS TRUST VENDOR Nov 7, 2019 $67.05 698929 3452 GRAYBAR ELECTRIC COMPANY Nov 7, 2019 $3,531.66 698930 15629 GREATER BAKERSFIELD VISION 2020 Nov 7, 2019 $50.00 698931 17779 GREERS BANNER AIR INC Nov 7, 2019 $215.00 698932 24247 GREGS PETROLEUM SERVICES INC Nov 7, 2019 $7,538.22 698933 3537 GUNDLACH PLUMBING AIR COND INC Nov 7, 2019 $1,493.20 698934 12439 GUNDLACHS INC Nov 7, 2019 $1,348.00 698935 24139 GUTIERREZ TIRE & WHEEL INC Nov 7, 2019 $571.50 698936 3569 H & S BODY WORKS & TOWING Nov 7, 2019 $3,241.04 698937 3593 HALL LETTER SHOP Nov 7, 2019 $166.41 698938 3660 HARBOR FREIGHT TOOLS Nov 7, 2019 $139.46 698939 26518 HOLOPHANE INC Nov 7, 2019 $17,022.31 698940 18263 HUB CONSTRUCTION SPECIALTIES INC Nov 7, 2019 $371.46 698941 3929 HYDRAULIC CONTROLS INC Nov 7, 2019 $1,689.20 698942 14857 IMSA Nov 7, 2019 $631.67 698943 20621 ICF JONES & STOKES INC Nov 7, 2019 $8,320.75 698944 28451 INTERNATIONAL COATINGS CO INC Nov 7, 2019 $16,361.99 698945 4089 J & E RESTAURANT SUPPLY INC Nov 7, 2019 $8.61 698946 28894 JAMAR, TREY Nov 7, 2019 $690.00 698947 28917 JAN -PRO CLEANING SYSTEMS Nov 7, 2019 $2,327.30 698948 147 JIM ALFTER CEMENT CONTRACTOR Nov 7, 2019 $361.60 698949 28989 K & I SERVICES INC Nov 7, 2019 $1,341.00 698950 27250 KARISH INDUSTRIES Nov 7, 2019 $1,363.95 698951 26044 KENNEDY, AARON Nov 7, 2019 $109.00 698952 4435 KERN COUNTY CLERKS Nov 7, 2019 $200.00 698953 4500 KERN COUNTY FIRE DEPARTMENT Nov 7, 2019 $56,628.17 698954 4573 KERN COUNTY WATER AGENCY Nov 7, 2019 $51,324.78 698955 4581 KERN ELECTRIC DISTRIBUTORS Nov 7, 2019 $286.88 698956 4680 KERN RIVER POWER EQUIPMENT INC Nov 7, 2019 $3,463.93 698957 4277 KME FIRE APPARATUS Nov 7, 2019 $604,438.34 698958 14219 L A GRINDING INC Nov 7, 2019 $90.00 698959 17229 L C ACTION SUPPLY INC Nov 7, 2019 $439.61 698960 22408 LEHR AUTO ELECTRIC Nov 7, 2019 $306.66 698961 19228 LENCIONI, MICHAEL Nov 7, 2019 $881.52 698962 30639 LENTZ CONSTRUCTION Nov 7, 2019 $1,552.00 698963 5097 LIFE ASSIST INC Nov 7, 2019 $2,442.12 698964 30583 LO, CHEYANNE Nov 7, 2019 $224.49 698965 5118 LOCAL AGENCY FORMATION COMMISS Nov 7, 2019 $844.00 698966 5133 LOOP ELECTRIC INC Nov 7, 2019 $23,490.00 698967 70552 LOPEZ, TRANQUILINO Nov 7, 2019 $8,800.00 698968 10037 MISCELLANEOUS TRUST VENDOR Nov 7, 2019 $215.00 698969 26124 MARANATHA LANDSCAPE INC Nov 7, 2019 $1,190.00 698970 25274 MARTIN & SONS UPHOLSTERY Nov 7, 2019 $545.00 698971 70553 MARTIN, NICK Nov 7, 2019 $2,035.00 698972 30640 MARTINEZ, PRISCILLA Nov 7, 2019 $37.16 698973 30621 MCADIRECT Nov 7, 2019 $233.91 698974 23787 MCCLIVE, DANIEL Nov 7, 2019 $172.00 698975 11060 MCENTIRE, JEFF Nov 7, 2019 $150.00 698976 16016 MCINTOSH & ASSOCIATES Nov 7, 2019 $14,227.50 698977 18731 MCPC Nov 7, 2019 $471.79 698978 6855 MCVICKER, LINDA Nov 7, 2019 $69.58 698979 30034 MECHANIC'S BANK Nov 7, 2019 $11,532.67 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 33 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698980 19252 MEYER CIVIL ENGINEERING INC Nov 7, 2019 $45,133.50 698981 24077 MICHEL AUTO TECH Nov 7, 2019 $50.00 698982 21693 MICHEL, ALBERTO Nov 7, 2019 $394.07 698983 1316 MICHELIN NORTH AMERICA INC Nov 7, 2019 $10,672.39 698984 28366 MINOR, TYLER Nov 7, 2019 $117.65 698985 29249 MOTOR VEHICLE NETWORK Nov 7, 2019 $812.00 698986 29828 MT POSO COGENERATION COMPANY LLC Nov 7, 2019 $150.00 698987 27379 MUNICIPAL EMERGENCY SERVICES Nov 7, 2019 $12,708.83 698988 24309 NAVIGATORS PRINT & DESIGN, INC Nov 7, 2019 $530.43 698989 5870 NB SALES & SERVICES Nov 7, 2019 $103.92 698990 30501 NELSON, MICHELLE Nov 7, 2019 $245.00 698991 30491 NOV PROCESS & FLOW TECHNOLOGIES Nov 7, 2019 $32,231.44 698992 10114 O'DONLEY, LONI Nov 7, 2019 $78.00 698993 10361 OPEN & SHUT ENTERPRISES Nov 7, 2019 $80.44 698994 29655 P &A ADMINISTRATION SERVICES INC Nov 7, 2019 $240.50 698995 6448 P T O SALES CORP / TRUCKPRO LLC Nov 7, 2019 $129.75 698996 6122 PACIFIC POWER INC Nov 7, 2019 $110.00 698997 13209 PARKHOUSE TIRE INC Nov 7, 2019 $2,819.97 698998 21953 PATTERSON, BRYCE Nov 7, 2019 $220.00 698999 24029 PAYLESS TOWING Nov 7, 2019 $74.00 699000 6076 PB LOADER MANUFACTURING CO Nov 7, 2019 $1,236.22 699001 25424 PET WASTE ELIMINATOR Nov 7, 2019 $866.00 699002 29637 PINNACLE PETROLEUM INC Nov 7, 2019 $78,036.27 699003 178 PRAXAIR DISTRIBUTION INC Nov 7, 2019 $144.19 699004 13167 PRONOVOST, GREGORY Nov 7, 2019 $109.00 699005 6653 RAIN FOR RENT INC Nov 7, 2019 $24,935.21 699006 20713 RANDY'S TOWING LLC Nov 7, 2019 $37.00 699007 6682 RAYMONDS TROPHY AND AWARDS Nov 7, 2019 $43.73 699008 28480 READY REFRESH Nov 7, 2019 $78.81 699009 6727 REFRIGERATION SUPPLIES DIST. INC Nov 7, 2019 $312.06 699010 14474 REIMERS WHOLESALE NURSERY Nov 7, 2019 $244.33 699011 28837 RICHARDS CRANE SERVICE LLC Nov 7, 2019 $1,282.53 699012 26506 ROBERTS CONSULTING GROUP INC Nov 7, 2019 $10,000.00 699013 30636 ROMERO, LISA Nov 7, 2019 $1,674.17 699014 29099 ROTATIONAL MOLDING INC Nov 7, 2019 $29,170.79 699015 6915 ROUND -UP FEED AND PET SUPPLY Nov 7, 2019 $155.48 699016 17449 RRM DESIGN GROUP INC Nov 7, 2019 $1,150.00 699017 25841 SAFETY CENTER INC Nov 7, 2019 $1,500.00 699018 12665 SAN JOAQUIN FENCE & SUPPLY Nov 7, 2019 $1,277.25 699019 10249 SAN JOAQUIN TRACTOR CO INC Nov 7, 2019 $956.36 699020 7283 SEQUOIA PAINT COMPANY INC Nov 7, 2019 $142.99 699021 28920 SIMS, RONALD Nov 7, 2019 $113.75 699022 7434 SMART & FINAL IRIS COMPANY Nov 7, 2019 $489.56 699023 11566 SOIL CONTROL LAB INC Nov 7, 2019 $1,452.00 699024 22473 SOILS ENGINEERING INC Nov 7, 2019 $57,782.47 699025 29897 SOLUTIONS Nov 7, 2019 $7,102.77 699026 23456 SORENSON,VERNON MD INC Nov 7, 2019 $11,227.00 699027 22620 SOUTHWEST LIFT & EQUIPMENT INC Nov 7, 2019 $300.00 699028 17986 SPRINT/NEXTEL COMMUNICATIONS Nov 7, 2019 $628.83 699029 29986 STANDARD PLUMBING SUPPLY DBA FLOYDS Nov 7, 2019 $69.50 699030 22147 STANTEC CONSULTING SERVICES INC Nov 7, 2019 $1,458.50 699031 28923 STARS AND STRIPES Nov 7, 2019 $5,625.00 699032 29365 STONE, ROSA Nov 7, 2019 $81.90 699033 26369 T Y LIN INTERNATIONAL INC Nov 7, 2019 $47,631.98 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 34 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 699034 28832 T -MOBILE USA Nov 7, 2019 $1,945.00 699035 70551 TABBYTOSAVIT, TERRY Nov 7, 2019 $385.00 699036 21158 TARGET SPECIALTY PRODUCTS Nov 7, 2019 $10,486.71 699037 276 TAYLOR EQUIPMENT & REPAIR, INC Nov 7, 2019 $214.50 699038 28733 TELELANGUAGE INC Nov 7, 2019 $529.65 699039 25338 TEN EIGHT TOW INC Nov 7, 2019 $37.00 699040 30637 TERRELL, SHARON Nov 7, 2019 $99.95 699041 8069 TOLBERT, RICHARD Nov 7, 2019 $122.00 699042 21369 TRANS -WEST SECURITY INC Nov 7, 2019 $2,443.53 699043 70200 TRINITY SAFETY CO Nov 7, 2019 $780.36 699044 19815 TRUCK VAULT Nov 7, 2019 $1,554.47 699045 27440 TUNE, BRAXTON Nov 7, 2019 $207.00 699046 20359 TURF STAR INC Nov 7, 2019 $301.42 699047 96 TYACK TIRES INC Nov 7, 2019 $2,046.64 699048 10428 UNITED REFRIGERATION INC Nov 7, 2019 $609.57 699049 23036 VAN FOSSEN, TIFFANY Nov 7, 2019 $50.00 699050 30527 VARGAS, VANESSA Nov 7, 2019 $1,364.00 699051 28829 VASQUEZ, ROSARIO Nov 7, 2019 $110.50 699052 20601 VERIZON WIRELESS Nov 7, 2019 $1,678.72 699053 20601 VERIZON WIRELESS Nov 7, 2019 $697.18 699054 20601 VERIZON WIRELESS Nov 7, 2019 $25.02 699055 25736 VIATRON SYSTEMS INC Nov 7, 2019 $2,500.00 699056 5158 W M LYLES COMPANY Nov 7, 2019 $3,587.63 699057 5673 WALTER MORTENSEN INSURANCE Nov 7, 2019 $5,984.00 699058 23190 WATTENBARGER WELLS CONST. Nov 7, 2019 $2,202.00 699059 14647 WAXIE SANITARY SUPPLY INC Nov 7, 2019 $142.96 699060 25253 WEGIS, JONATHAN Nov 7, 2019 $264.00 699061 26447 WESTCOAST HYDRAULICS Nov 7, 2019 $4,468.15 699062 23003 WESTEC INC Nov 7, 2019 $280.00 699063 29951 WESTERN REFINING CO LP Nov 7, 2019 $6,587.99 699064 21212 WHITE CAP CONSTRUCTION SUPPLY Nov 7, 2019 $2,532.58 699065 28488 WOOD, VICTORIA Nov 7, 2019 $174.85 699067 78 ADVANCED DISTRIBUTION CO Nov 7, 2019 $26,574.63 699068 12516 AIMS Nov 7, 2019 $7,930.00 699070 8530 AMERIPRIDE UNIFORM SERVICES Nov 7, 2019 $2,120.72 699071 30638 CALIFORNIA DEPARTMENT OF TAX AND Nov 7, 2019 $7,219.19 699072 29195 CALIFORNIA STATE UNIV-STANISLAUS Nov 7, 2019 $1,325.54 699075 1696 CALIFORNIA WATER SERVICE Nov 7, 2019 $37,795.12 699076 1696 CALIFORNIA WATER SERVICE Nov 7, 2019 $138,874.93 699077 11937 CITY OF BAKERSFIELD Nov 7, 2019 $500.40 699078 17023 CITY OF BAKERSFIELD Nov 7, 2019 $1,815.30 699079 11937 CITY OF BAKERSFIELD Nov 7, 2019 $9,010.00 699081 2050 CLIFFORD & BROWN Nov 7, 2019 $2,363.60 699082 26953 DIVISION OF THE STATE ARCHITECT Nov 7, 2019 $3,921.20 699083 2714 EAST NILES COMMUNITY SERVICES Nov 7, 2019 $2,737.90 699084 25786 G S E CONSTRUCTION CO INC Nov 7, 2019 $168,625.00 699087 3427 GRAINGER INC, W W Nov 7, 2019 $5,196.80 699090 3450 GRANITE CONSTRUCTION INC Nov 7, 2019 $479,654.97 699093 7933 HOME DEPOT Nov 7, 2019 $2,895.12 699094 4024 INTERNATIONAL RIGHT OF WAY Nov 7, 2019 $270.00 699095 4024 INTERNATIONAL RIGHT OF WAY Nov 7, 2019 $245.00 699096 4494 KERN COUNTY CLERK Nov 7, 2019 $100.00 699097 23127 KERN COUNTY TREASURER TAX COLLECTOR Nov 7, 2019 $35,047.94 699101 4740 KERN TURF SUPPLY Nov 7, 2019 $5,022.08 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2,11120119 CC AGENDA PACKET PG 35 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 10/25/2019 to 11/7/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 699102 5133 LOOP ELECTRIC INC Nov 7, 2019 $48,022.49 699105 15624 LOWE'S HOME IMPROVEMENT Nov 7, 2019 $3,322.74 699106 29917 MAILFINANCE INC Nov 7, 2019 $1,949.27 699107 30034 MECHANIC'S BANK Nov 7, 2019 $8,875.00 699108 14088 PACIFIC GAS & ELECTRIC Nov 7, 2019 $20,380.94 699117 6114 PACIFIC GAS & ELECTRIC COMPANY Nov 7, 2019 $486,869.95 699119 6376 PIONEER PAINT Nov 7, 2019 $15,287.60 699120 30549 S & B SONS INC Nov 7, 2019 $6,669.00 699122 27361 SC FUELS Nov 7, 2019 $54,714.76 699123 7509 SOCALGAS Nov 7, 2019 $29.23 699124 7509 SOCALGAS Nov 7, 2019 $47.16 699125 8023 TIME Nov 7, 2019 $40.00 699126 30002 MEDICAL EYE SERVICE COMPANY Nov 7, 2019 $5,104.81 699127 26810 RELIASTAR LIFE INSURANCE CO Nov 7, 2019 $3,891.24 699128 30027 U S BANK - PARS #6746022400 Nov 7, 2019 $2,166.15 699129 30029 UNITED CONCORDIA DENTAL PLANS OF CA Nov 7, 2019 $49,531.50 699130 30020 UNUM Nov 7, 2019 $5,339.26 9995114 30028 BLUE SHIELD OF CALIFORNIA -P Oct 25, 2019 $504,037.96 9995115 30021 KAISER PERMANENTE Oct 25, 2019 $216,723.59 9995116 10206 STATE OF CALIF - PERS Oct 25, 2019 $1,062,918.68 9995117 30206 AVENU MUNISERVICES LLC Oct 31, 2019 $18,029.66 9995118 30022 IRS / FDRF Oct 31, 2019 $146.00 9995119 30025 STATE DISBURSEMENT UNIT Oct 31, 2019 $20,304.64 9995120 11811 WELLS FARGO BANK Oct 31, 2019 $72,873.23 9995121 10199 BAKERSFIELD CITY EMPLOYEE Nov 1, 2019 $189,800.00 9995122 30014 EMPLOYMENT DEVELOPMENT DEPT Nov 1, 2019 $202,919.55 9995123 10217 1 C M A RETIREMENT TRUST -303749 Nov 1, 2019 $50,631.50 9995124 30010 IRS Nov 1, 2019 $595,334.12 9995125 16863 NATIONWIDE RETIREMENT SOLUTIONS Nov 1, 2019 $116,900.73 9995126 20699 VANTAGEPOINT TRANSFER AGENTS C/O Nov 1, 2019 $38,252.30 9995127 10206 STATE OF CALIF - PERS Nov 7, 2019 $987,356.86 9995129 19630 UNION BANK Nov 7, 2019 $237,026.31 9995130 11811 WELLS FARGO BANK Nov 7, 2019 $88,431.69 $15,204,673.56 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADM I N\11 -NOV 2, 11120119 CC AGENDA PACKET PG 36 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/25/2019 to 11/7/2019 E -Payable Number 18022 18023 18024 18025 18026 18027 18028 18029 18030 18031 18032 18033 18034 18035 18036 18037 18038 18039 18040 18041 18042 18043 18044 18045 18046 18047 18048 18049 18050 18051 18052 18053 18054 18055 18056 18057 18058 18059 18060 18061 18062 18063 18064 18065 18066 18067 18068 18069 18070 18071 18072 18073 18074 18075 18076 18078 Vendor Number 24819 29 436 576 575 611 1037 1163 20747 5147 2162 13912 13088 27459 14055 2874 16838 21739 4171 1390 4178 15694 2267 24086 453 6550 1279 6555 28661 19584 14700 7685 7728 15868 57 436 576 611 1037 1163 18753 20747 2162 13912 2757 2874 21739 3788 4171 1390 2267 6550 1279 6555 21873 7231 Vendor Name AD WEAR & SPECIALTY OF TX AFFINITY TRUCK CENTER ARGO CHEMICAL INC B & B SURPLUS B C LABORATORIES B S & E COMPANY INC BERCHTOLD EQUIPMENT CO BLUEPRINT SERVICE CO CENTRAL SANITARY SUPPLY INC COASTLINE EQUIPMENT CONSOLIDATED ELECTRICAL DIST INC DIRECT SAFETY SOLUTIONS INC E J WARD INCORPORATED EVOQUA WATER TECHNOLOGIES FAST UNDERCAR LLC FERGUSON ENTERPRISES INC GIBBS INTERNATIONAL TRUCK CTR. INC GOLDEN EMPIRE TOWING INC JERRY & KEITHS INC JIM BURKE FORD JIM BURKE LINCOLN MERCURY JIMSTOWING INC L N CURTIS & SONS MAR -CO EQUIPMENT CORP MUNICIPAL MAINTENANCE EQUIP INC QUAD KNOPF INC QUALITY HEAVY DUTY DIESEL ELEC QUINN COMPANY INC SERVEXO PROTECTIVE SERVICES SMITH & SON TIRE INC SOUTH COAST EMERGENCY VEHICLE SERV STINSON STATIONERS SULLY & SON HYDRAULICS INC TEL TEC SECURITY SYSTEM INC ABATE A WEED ARGO CHEMICAL INC B & B SURPLUS B S & E COMPANY INC BERCHTOLD EQUIPMENT CO BLUEPRINT SERVICE CO BRIDGEPORT TRUCK MANUFACTURING CENTRAL SANITARY SUPPLY INC CONSOLIDATED ELECTRICAL DIST INC DIRECT SAFETY SOLUTIONS INC ELECTRIC MOTOR WORKS INC FERGUSON ENTERPRISES INC GOLDEN EMPIRE TOWING INC HILLCREST SHEET METAL INC JERRY & KEITHS INC JIM BURKE FORD L N CURTIS & SONS QUAD KNOPF INC QUALITY HEAVY DUTY DIESEL ELEC QUINN COMPANY INC RM INDUSTRIES INC SEAL & PACKING SUPPLY CO E -Payable Date Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Oct 31, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 Nov 7, 2019 E -Payable Amount $249.73 $13,163.23 $2,997.53 $5,238.61 $409.00 $1,112.02 $199.30 $12.99 $1,495.40 $4,100.74 $8,195.58 $1,215.36 $1,245.85 $152,198.94 $7,151.68 $2,990.86 $3,166.74 $37.00 $11,793.76 $6,076.52 $11,851.19 $2,754.00 $6,255.37 $1,548.64 $1,439.23 $650.00 $189.44 $6,305.94 $6,270.97 $3,829.75 $668.94 $37,267.29 $688.03 $288.00 $1,039.17 $1,016.67 $174.29 $5,063.65 $1,164.03 $510.69 $29,547.03 $812.52 $920.43 $1,865.81 $25,014.33 $3,969.32 $2,262.00 $20,999.00 $244.37 $91.41 $2,442.22 $2,600.00 $66.00 $3,259.37 $15,337.84 $1,147.21 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 2011,112011 9 CC AGENDA PACKET PG 37 11/8/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/25/2019 to 11/7/2019 448,368.74 15, 653, 042.30 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 2011,112011 9 CC AGENDA PACKET PG 38 E -Payable E -Payable Number Vendor Number Vendor Name E -Payable Date Amount 18079 19584 SMITH & SON TIRE INC Nov 7, 2019 $5,084.73 18080 7685 STINSON STATIONERS Nov 7, 2019 $12,368.29 18081 7728 SULLY & SON HYDRAULICS INC Nov 7, 2019 $112.04 18082 15868 TEL TEC SECURITY SYSTEM INC Nov 7, 2019 $8,198.69 448,368.74 15, 653, 042.30 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 2011,112011 9 CC AGENDA PACKET PG 38 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Resolutions c. TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Manager DAT E: 10/28/2019 WARD: SUBJECT: SEIU Labor: 1. Resolution approving the Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. 2. Amendment No. 25 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. STAFF RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The most current labor negotiations between the City of Bakersfield and the employees of the Blue and White Collar Units, represented by Service Employees International Union, Local 521 (SEI U) were recently concluded and have resulted in a proposed three (3) year Memorandum of Understanding (MOU). This MOU follows a prolonged period of time, 2014 — 2019, where no cost -of -living salary increases were provided. A summary of MOU terms are highlighted below: • Term is from July 1, 2019 through December 31, 2022; and • 2.5% wage increase all covered unit classifications This MOU includes adjustments to premium pay allowances that will support larger goals and initiatives. Limited classifications, as shown in the MOU, will have increases in bilingual pay, automotive certification pay, forklift training certification, geologist certification, latent print certification, arborist certification, stand-by pay and tool allowance. Ensuring staff is readily available to provide key services to the community is a primary focus as we continue to grow and add new staff. Incentives to learn and achieve certifications will support these goals. Included, is the resolution setting salaries and related benefits for temporary classifications. The resolution, if approved, will provide temporary classifications the same rate of pay as the full-time equivalent classification. 11/20/19 CC AGENDA PACKET PG 39 This proposed agreement has been tentatively agreed to by both the City and SEIU and is consistent with Council approved guidelines. City staff is appreciative of SEIU and the leadership of the Blue and White Collar Units for working towards an agreement in support of recruitment and retention needs and fiscal balance. It should be noted that with the approval of this MOU represented employees will be under contract. ATTACHMENTS: Description D Blue Memo D SEIU Reso D SEIU MOU D SEIU Salary D Temp Reso D Temp Salary Type Cover Memo Resolution Backup Material Backup Material Resolution Backup Material 1112 0/19 CC AGENDA PACKET PG 40 BAKERSFIELD THE SOUND 0Fbmti'l Wf'_Re* TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JULIE DRIMAKIS, CITY CLERK SUBJECT: COUNCIL MEETING NOVEMBER 20, 2019 AGENDA CONSENT CALENDAR ITEM 8.c. ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrs� The attached Memorandum of Understanding (MOU) between the City of Bakersfield and the employees of the Blue and White Collar Units, represented by Service Employees International Union, Local 521 (SEIU) has been modified to reflect accurate term dates and provide clarity in the effective date of benefits. The updates do not alter any monetary aspects of the agreement. Revisions are listed below: Term is effective July 1, 2019 through June 30, 2022; and • Article 27 representing the effective date of the updated footwear allowance. 11/20/19 CC AGENDA PACKET PG 41 MEMORANDUM OF UNDERSTANDING BAKERSFIELD SERVICE EMPLOYEES INTERNA.TIQNAL UNION, LOCAL 521 AND CITY OF BAKERSFIELD July l; 2019 -- June 30, 2022 11/20/19 CC AGENDA PACKET PG 42 TABLE OF CONTENTS ARTICLE 1 PURPOSE .... ....................................1 ARTICLE 2 RECOGNITION . .....................................1 ARTICLE 3 TERM. OF AGREEMENT ..................................1 ARTICLE 4 RENEWAL .,... .......................................2 ARTICLE 5 MAINTENANCE OF BENEFITS ...:......... ....::....:.:..2 ARTICLE 6 REPRESENTATION - UNION OFFICERS ...................2 ARTICLE 7 UNION STEWARDS ............................ ......3 ARTICLE 8 NO STRIKE OR LOCKOUT ..............................4 ARTICLE 9 MANAGEMENT RIGHTS ................... ................4 ARTICLE .10 MAINTENANCE OF MEMBERSHIP ........................... 4 ARTICLE 11 RIGHT TO REPRESENTATION .............:...............5 .ARTICLE 12 PROCESSING OF FORMAL GRIEVANCES ..................:5 ARTICLE 13 EQUAL OPPORTUNITY EMPLOYMENT ...............:.......9 ARTICLE 14 PERS PICK-UP.......................................9 ARTICLE 1:5 COMPENSATION .....................................10 ARTICLE 16 STAND --BY PAY.....................................10 ARTICLE 17 CALL-SACK..........................................12 ARTICLE 18 RETIREMENT..... ................................ 12 ARTICLE. 19 PROMOTIONS . ............................... ......13 ARTICLE .20 CITY INSURANCE CONTRIBUTION .......................13 ARTICLE 21 SAFETY ................................. ..........14 ARTICLE 22 TRAINING ...................... ......, .........15 ARTICLE .23 PREMIUM COMPENSATION..............................,16 ARTICLE 24 140LIDAYS .. ................ .....................18 ARTICLE 25 SHIFT ASSIGNMENTS ..... .. ......................19 ARTICLE 26 SHIFT DIFFERENTIAL.......................:........20. ARTICLE 27 ONIFORMI.FOOTWEAR.A.LLOWANCE........................20 ARTICLE 28 TOOL ALLOWANCE ........................ .............21 ARTICLE 29 BILINGUAL PAY ......... ........................ ••21 ARTICLE 30 COMPENSATORY TIME................................21 ARTICLE 31 OVERTIME ............................ ...,,......22 ARTICLE 32 SICK LEAVE..........................................22 11/20/19 CC AGENDA PACKET PG 43 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38. .ARTICLE 3.9 ARTICLE 40. ARTICLE 4! ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 4.5 ARTICLE 46 ARTICLE 47 ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 5.2 ARTICLE 53 ARTICLE 54 ARTICLE 55 TABLE OF CONTENTS PERSONAL NECESSITY LEAVE .........................23 DEFERRED COMPENSATION ION PIAN. . , ......... :........... 23 PAYROLL DEDUCTIO.NS...............................23 CLASSIFICATION REQUESTS ........... ................ 22 LONGEVITY PROGRAM.................................24 RETIREE MEDICAL..................................24 '.TRAINING STEP ....................................26 DRUG TESTING .... .... 25 COURT CALL BACK ............ .. ..................27 VACATION.........................................2.8. CERTIFICATION PAY.................................2.8 JURYDUTY .......... ................................30 IRS 1.2.5 PROGRAM ....... ............................30% RESIDENCY REQUIREMENT ........................ ...30 PAYROLL CHANGES..................................3C AGENCY SHOP.......,.................................3.1 NEW HIRE INFORMATION MEW EMPLOYEE ORIENTATION ....31 UNION BULLETIN BOARD.............................3:2 SDI ELECTION ........ ... ..........................32 COMMITTEES ........................................3.2 PROBATIONARY PERIOD..............................33 LINE OF DUTY DEATH BENEFIT ........................:33 SEVERABILITY .....................................,3.3. m 11/20/19 CC AGENDA PACKET PG 44 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAKERSFIELD AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 The duly authorized representatives of the City of Bakersfield; herein after re.fe.rred to .as "the City" and the Service Employees International Union, Local ,521. Hereinafter referred to as "the Union", having net and conferred in good faith concerning the issues of wages, hours and other t.e:rms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding. ARTICLE 1 - PURPOSE It is the purpose of this Memorandum of Understanding to promote and provide the harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum,- to provide an orderly and equitable means of resolving any misunderstanding; and to set .forth the full and entire understanding of the parties -reached .as a result of good faith meeting and conferring regarding the wages, hours and other terms an:d conditions of employment covered by this Memorandum. ARTICLE 2. - RECOGNITION S.ec.ti.o:n 1. Pursuant to the provisions of the. City Emplayer---Empl.ayee Relations Ordinance, Supplemental. Rules and Regulations and applicable Statelaw, the Service Employees-Internat..ional Union;.. is recognized as the majority representative of -the City employees in the Blue Collar Unit and While Collar Unit and as the exclusive bargaining agent for the employees in. said Units. Section 2. The terra. f°employee" or "employees" as used herein. shall refer only to the regular and probationary employees employed by the.City in said Unit in the employees classifications. :comprising said Units as well as such classes as may be added hereafter by mutual agreement: between the City and the Union according to the provisions of the City Employer -Employee Rel.ations.ordinance. Section 3.. Nothing contained in th.is Memorandum shall prohibit any employee of the Blue Collar Unit or White Collar Chit of the .City of Bakersfield, who is riot.a member_ of the [anion from appearing in. his/her own behalf in his./her employment relations. with the City. ARTICLE 3 -- TERM OF AGREEMENT The City and the Union agree that the term of this Agreement shall commence on July 1, 2.019, and expire at 1.2:.00 midnight on June 30, 2022 1112 0/19 CC AGENDA PACKET PG 45 Re.openers .T City and Local 521 can each reopen negotiations.on .5 items in the second and third years of the agreement. The City will not make proposals which would reduce total compensation.. Reopener discussion shall commence by February 15}.r each year. ARTICLE 4 - RENEWAL Except✓ as provided herein, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal or continuation of this Agreement. The City and the Union further agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated and conducted in accordance with the applicable sections. of the: City of Bakers:fielci Employer -Employee Relations ordinance, Supplemental Rules and Regulations and that every effort will be made to reach an agreement prior to the expiration of this Agreement on June 30, 2022. Negotiations for the successor agreement will. commence by February 15, 2022. it is further agreed that. nothing in this Agreement shall in any way diminish the rights of the employees, the City or the Un:i.on as established by the Meyers--- Milias---Brown .Act. of the State of California and all amendments thereto, except. as herein Drovid.ed. ARTICLE 5. - MAINTENANCE OF BENEFITS Section l.. The City and the Union agree that the following benefits shall remain -in full force and effect for the duration of this Agreement.: Hours of Work, Call --Back, Overtime, Jury Duty,. Sisk Leave and Vacation except as modified herein. Section 2. It is. understood that.exi..sting ordina:nces, resolutions and policies of the City cover matters. pertaining to employer-- employee relations including, but not limited to, salaries, wages, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies including the City of Bakersfield Employer -Employee Relations Ordinance, Supplemental Rules and Regulations are hereby incorporated herein as though set forth in, full. ARTICLE -6 - REPRESENTATION -- UNION OFFICERS Section i. The City and the. Union agree. that Union Officers and Representatives will. be allowed to meet with City Management on City z 1112 0/19 CC AGENDA PACKET PG 46 time for the purpose of meeting and conferring in good faith without Lass of pay or any benefits.. Section 2. The [Union agrees. to provide: the City Human Resources Manager with a list of the Union Officers and Representatives with their job cla:s.3if1.cat ion,. wh:oare.. au t.horized.to meet and confer in good faith. Section 3. The City agrees that authorized Union staff members shall. be given access to work locations during working hours to conduct Union grievance investigations and/or observe working conditions. Suchvisits are to. be made in accordance with the pro.c,edure.s outlined in the applicable sections of the: City of Bakersfield Employer,- Employee Relations Ordinance,, Supplemental Rules and. Regulations. Section access present 4. The City agrees to allow authorized Union representatives in City facilities before and after working hours in order to facts regarding .benefit .programs.. ARTICLE 7 — UNION STEWARDS Section 1. The City agrees that the Union may designate up to twenty (20) Stewards per Bar_g.aining Unit to represent employees in. the processing .of grievances. It is further agreed t:he Union may designate alternate Stewards for use when a Steward is on an approved leave of absence or vacat1on. Section 2. The union shall furnish Management. Representatives with a written list identifying by name and work location all regular and alternate Stewards. The list .shall .Yoe kept current by the [anion at all tines . Section 3. The Steward: is to begin investigating a.grievance only after the employee has tried to resolve the problem with his/her irtinedi.ate supervisor and the two parties. failed to teach a resolution of the problem. Section. 4. Union Stewards may be elected to serve: as a.n.Officer or Direc.tox of the Board of Directors for the Union. The members can also be elected to serve as an Advisory Board Member of the Union, which. acts as a bridge between the Board of Directors and the Members. The City shah" allow these: members to have release time for these special union activities. In addition., periodically Union Stewards are called upon! to serve the Union for the benefit .of members. In these times, the City shall a..lso allow these members to have re.l.eas:e. time for these special union acti.viti.e-s. No more than two t2) employees,. two t2j days of release time each shall be allowed per month with an annual accumulative total of fifteen (1:5) days. Normal time off approval request procedures. apply. If used, the City 3 1112 0/19 CC AGENDA PACKET PG 47 of.3a.kers.field shall invoice the. Union for the hourly cost of employees plus the cost of benefits for the day(s)used. ARTICLE 8 -- NO STRIKE OR LOCKOUT The. Cit.y.an.d.the Union agree that during the. term of this Agreement the City will not lockout employees and the Union will not engage in labor practices detrimental to providing services to the citizens of Bakersfield; or detrimental to the interests of the City, nor will the Union sanction; support, condone, approve or engage in any strike, sick -in, slow dawn., work stoppage or speed ups. The City and the Union further agree that all matters of controversy coming within the scope of this Agreement will be settled by established grievance procedures. ARTICLE 9 -- MANAGEMENT RIGHTS The parties. hereto recognize the. City has and will retain the exclusive right to manage and direct. the performance of City services and the work. forces performing such services. The City and Union agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employees as set forth in Sect -ions 3.16.040., 3.1.6.050 and 3.1.6.060..(c) of Ordinance No. 2154 and said sections.are hereby incorporated by this reference and made a part hereof as though set forth in full. The City shall, however, give the Union reasonable notice of any plan to contract work currently performed. by Union Members. Up:or request,. the City will meet with the Union to expl.a.in the .reason for the decision to contract out and to solicit Union views. on the proposal. Nothing in this section shall be construed to limit the right- of the City .Council to contract out work in its sole discretion. ARTICLE 10 -- MAINTENANCE OF MEMBERSHIP Section 1.. Any employee covered by this agreement who is a Union member, or becomes a Union member, shall continue to pay to the [inion those dues or .fees regularly charged members of the Union in good .standin.g for the life of this agreement.. Any new employee covered by this .Agreement who voluntarily joins the Union, shall be subject to the .same terms of continued membership as employees above. Section 2. Every employee who is a member of the Union shall have the right to withdraw from membership during the last thirty (30) days. of this Agreement. An employee who has properly withdrawn membership: as providers herein shall be subject tothe provisions. of Article 48 Agency Shop. 4 1112 0/19 CC AGENDA PACKET PG 48 ARTICLE IZ - RIGHT TO REPRESENTATION The City shall. advise the employee of his/her right to be represented by the Anion. or other representation of his/her c.h.a.osi.ng at any meeting in which disciplinary action is to be .imposed, or at which d scip..3.Lnary action mig:ht.r:eason.ably be expected (by: the employee) to be imposed. It is the responsibility of the requesting member to secure representation of their choos..ing.. Disciplinary investigations are included in Chis section. If the employee elects to have representation present, and none is immediately available, the rmeet.ing will be postponed for up to forty-eight t48) hours not including Saturdays, Sundays, or holidays, iri order to permit the employee to obtain r.epre.sent:ation within or beyond the 4.8 hours. There is no rIgh.t to representation during meetings. where the employee is not suspected of wrongdoing. For example,. such meetings .in.clude,.bu�t .are not limited to; work related instruct --ion., quest -ions, per; ormance evaluations, etc. if the City advise -s the employee.that a meeting does not involve potential discipline there is no right to representation. ARTICLE 12 - PROCESSING OF FORMAI, GRIEVANCES Section 1. Grievance Procedure. A Matters Subject to Grievance Procedure. All employees. in the city service shall. have the right to present a grievance regarding dissa.'ti..s.fac4ion with.some phase of his or her job or relations with others on the jolt which is outside. his or her scope of control. B, Objective. Objective of grievance procedure shall be, 1. To promote improved employee --employer relations by establishing grievance. procedures on matters for wh.i.ch appeal or hearing is not provided by civil service board rules; Z. To afford employees individually or through qualified employee organizations.,. a systematic means of obtaining further consideration of problems. after every reasonable effort has failed to resolve them through discussions; 3. To provide that g.rievanc.e.s shall be settled as .near as possible to the point of origin; 4. Encouragement that; grievances should be heard and settled as informally as possible. C Individual lnformal. Grievance Procedure. An employee who feels he. or -she has: a grievance. should attempt to. resolve this grievance by discussion with his or her Z 1112 0/19 CC AGENDA PACKET PG 49 immediate supervisor without undue delay. if after such discussion, the employee does not feel the grievance has been satisfactorily resolved, he or she shall have the right to discuss t.he. matter with the chain of command including his or her department head. Every effort should be made. to resolve the grievance by informal means at the most immediate level of s.upervas.i.on. If the .employee is not in agreement with the decision rea.che:d through such informal discussions, he or she shall have .the right to file a request for a formal grievance in writing with his or .her superior or department head. An informal grievance shall not be taken above the department head. Q Individual Formal. Grievance Procedure. After exhaustion of the informal grievance procedure, the grievance shall be put in writing and shall proceed on the following levels of review: 1. Department. or Division Review. The employee shall file his or her .grievance in writing with his or her department .head who shall discuss the grievance with the employee. The department head shall. render his or her decision and. comments to the employee in writing within fifteen calendar days. If the employee doses not agree with the decision rea:che.d :or if no answer is received from the department head within fifteen calendar days, he or she may present the grievance ;n writing to the city manager. Failure of the employee to take further action within ten calendar days after receipt of the decision or within a total of twenty --five calendar days if no decision. is rendered, will constitute withdrawal of the grievance. 2.. City Manager Review. Upon receiving the grievance, the city manager or designated representative shall discuss the grievance with the employee and all other appropriate persons. The city manager may appoint a: fact-finding co:mmitteeor an officer .not in the normal line of supervision to investigate and advise. him or her concerning the grievance. The city manager shall :render a decision in writing to the employee within twenty calendar .days after receiving the grievance. The decision of the city manager shall be final in all cases unless the grievance is G 1112 0/19 CC AGENDA PACKET PG 50 F. F subject to policy review by the city council. In such cases, the city manager shall then. refer the matter to the appropriate council committee. Employee Organization Grievance Procedures. L. A recognized official_ of an employeeorganization may submit written grievances on behalf of the organization or an employee to the appropriate department head with a copy filed with the city manager; 2. The department- head shall render a written decision within fifteen calendar days within receipt of the written grievance unless a mutually agreed upon extension of time is set; a copy of the department head's deci.sdon will. be filed with the city ma.nager;. 3. I'f the. employee organ! zation: is not. sati.s.fied with the. decision rendered by the department head, they may request a city manager review of ',.-he grievance within ten calendar days of receipt of the department head' s. deci.si:o.n; fa.1 lure of the employee organization to take further action within ten calendar days after receipt of the department head's decision or within a total of twenty-five calendar days if no decision is .rendered, will constitute w.ith.drawal of the grievance; the aity manager shall render his or her written decision within twenty calendar days after receiving the grievance; the city 'manager's decision shall, be final in all cases: unless the grievance is subject to policy review of the city council; i. such cases, the city manager shall refer the matter to th:e appropriate council committee Conduct of Grievance Pro-cedure. 1.. The time .Limits specified in this section may be extended by mutual agreement of the employee or emp.l.oye.e organization and the reviewer concerned;. 2. The employee may request the assista-nce of another person of his or her own choosing in preparing his .or her written grievance; 3. Employees are assured freedom from. reprisal for use of grievance procedures. (Prior code 5 3.1.4.3.0.0) 7 1112 0/19 CC AGENDA PACKET PG 51 Section 2. Administration of the Grievance Procedure.. 1. The Union agrees. that whenever investigations or processing of a grievance is: to be transacted during working hours., only the amount of time necessary to bring about a prompt disposition .of the matter will .be utilized. 2. Stewards will be permitted reasonable time off with pay for the investigation and processing of grievances. Stewards, when leaving their work. locations to transact such investigations or processing, shall first obtain permission from the. Department Head or his/her designees and inform harm/her of the nature of the business. Permission to leave will be granted promptly un.l.ess such absence would cause an undue interruption of work. 3. Upon entering a work location, the Steward shall inform the cognizant Department Head and Supervisor of the nature of hislher business. Permission to leave the job, but not the location, will be granted promptly to the employee unless such absence would cause undue interruption of work. if the employee cannot be made available the Steward will be immediately informed when the employee will b.e.made available. 4. The parties agree .that all formal grievances will be processed in .accordance with the City's grievance procedure. The parties also agree that any grievance over %the interpretation of the terms and conditions of this Agreement may be submitted through the grievance procedure :dor reso-lution. 5. The City agrees to .alter :.its formal grievance procedure as follows: Grievances which are not settled pursuant to the grievance procedure at the. City Manager's levelshall. be further considered in the folLowing manne.r.: Upon written response.. from the City Manager, the affected employee shall have the option of a third party advisory review. Such advisory review shall be conducted as follows: A. The City and Union shall. select one representative for the purpose of selecting a third party who shall, hold a hearing for the purpose of reviewing. the City Mana:ger's decision. B. The agreed to third party, shall, as soon as practical, but not .later than thirty .(30) days.,. .hold closed hearings on the grievance which shall be held in conformity to .normal hearing procedures. C.. Either the City or the Union may call any employee as a witness and the City agrees to release said witness from work if he/she is on duty. Any employee called as a 8 11/20/19 CC AGENDA PACKET PG 52 witness by the City shall be debited for any hours not worked while on such call. Employees called by the Union may be reimburses] .by the Union for any Loss of pay for time off. D. The third pa-rty shall have no power to alter, amend, change, add to or subtract from any of the terms of this Memorandum.. The opinion of the third party shall be based solely upon the evidence and arguments given by the respective parties in the presence of each other. E.. Either party may be represented by legal counsel. F. Panties shall pay their own expenses except for the third party whose expenses shall be shared equally. G. The opinion .of the third party :shall be strictly advisory and shall be submitted to the employee or his/hex designated representative and to the City Manager for tris/her further consideration. H. No opinion of the third party shall require the exercise of the legisl.a..ive authority of the City Council nor shall it contravene any existing City Ordinance, .City Charter or State law. The opinion of the third party shall be .in writing within twenty {20) days from the close .of the hearing:. ARTICLE 13 - EQUAL OPPORTUNITY EMPLOYMENT The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age handicap., ma.rita.l status, national origin, political or religious. affiliations or union membership. ARTICLE 14 - PERS PICK-UP Except as provided in Article 18 below, at the beginning of the employee's sixth cumulative year of service, the City will pay the full portion of the normal contributions required to be paid by the employee to the Pub -tic Employees' Retirement System. Effective with the implementation of the 3% at .50. retirement program, City agrees to pay one (1%.) percent .of the employee's retirement contribution dor employees with less than six (5.) cumulative years of service. The City will pay the full portion of the contribution at the beginning of the employee's sixth. (V 7 cumulative year of service. Employees: hired. subsequent to February 22, 200E willnot .receive this one {1.G} percent contribution. Such. payments by the City shall be reported as normal contributions and shall be credited to 9 1112 0/19 CC AGENDA PACKET PG 53 said employees' accounts pursuant to Government Cade Section 20.615. This PERS. pick-up i.s done in accordance with Sectlon 414H (2') of the. Internal Revenue Code. This article is not applicable to employees .hired .after- .January 1, 201.3:, that are not deemed "classic" members., as a result of the Public Employees' Derision Reform Act of 2013 (PEPRA). ARTICLE 1.5 - COMPENSATION Salaries shall be increased for every active employee of the Blue and White Unit as follows:. 2.50 .effective July 8, 2019 E,ffect.ive the pay per.i:od. in.cl.uding July 1, 2.0.20, t:h.e City shall. provide an increase for all salary ranges in effect for unit c.la:ssifi.cations equal to the increase. in the Consumer Price Index (CPI) for All Uxban Consumers in the West Region for the 12 months ending in the December preceding the adjustment However., regardless of the CP.I, the increase shall not be greater than 2.5% or less than 1 Effective the pay pe;~io.d including July 2., 2021, the City shall provide an increase for all salary ranges in effect for unit classifications equal to the .increase in the Consumer Price Index (CPI) for All. Urban Co..nsumers in. the West Region for the 12 months ending in the December preceding. the adjustment. However, .regardless of the CPI, the increase shall not be greater than 2.5% or less than 1% . ARTICLE 15 - STAND-BY PAY The City and. the Union agree that when an employee is designated by management to .be available. to return to work at .any time during specific hours outside of normal working hours the employee shall receive fifty dollars ($50) per each eight (8). hours on Controlled stand-by or faction thereof effective July 2020. Such pay shall be in addition to any call- b,a.ck compensation. To the extent feasible, the parties agree that control.l.ed stand-by shall be assigned on ars equitable basis to all eligible employees posse'ssing.the requisite skills... Effective. January 2021 employees in the following classifications designated by the City to be on standby shall receive $60 per each 8 hours of standby. 1. Police Service Technician 2. Animal Control. Officers 3, Code Enforcement Officers 1112 0/19 CC AGENDA PACKET PG 54 4. Tire Plans Examiner 5. Fire Prevention/Environmental Officer 6.Hazmat.Specialist Controlled Standb Standby time: is controlled where the City of Bakersfield requires an employee during a specific time period to be within (45) minutes driving time from the City limits to the work place or location where the employee is to report. The rate of pay for controlled standby time is the ($40 } dollars per eight (8) hoar shift. An employee on controlled stand by: time is expected to: A. Be ready to respond immediately to calls for service. B:. Be. accessible by telephone, pager or City radia. C. Remain a reasonable distance, within (45) minutes,driving time from the City. D. Retrain from activities that may impair the ability of the employee to perform the assigned duties. Uncontrolled.Standb. Uncontrolled standby time is uncontrolled where the employee leaves the workplace. and is required merely to inform his./her Supervisor of his/her designee of where/how the employee may be contacted., .but the employee's activities are not. resELricted. 1112 0/19 CC AGENDA PACKET PG 55 ARTICLE 17 -- CALL -SACK Section 1. An :employee who is directed to ..return to work to perform additional. services after completion of his regular work period shall be :authorized a minimum of two hours of wrark. Section 2. Any call-b.ack during which the employee performs two or more hours of work shall entitle hien to an author?.zed credit for the number of hours.actually worked completed to the nearest one-tenth of an hour (six minutes) Section. 3. In computing work hours. during a call-back., employees will. be credited up to 3.0 minutes travel for both reporting and returning home following call-back. The travel time will be included in the two-- 1iour minimum covered in (A).above. Section 4. Any call-back which occurs prior to and which. continue. through the beginning of the employees regular work period shall not. entitle the employee to the two-hour minimum. The call-back shall entitlethe employee to an authorized credit of the number of hours actually worked computed to the. nearest one-tenth of an hour (six minutes). Section S. Call-back hours which result in additional hours tothe basic work week or wo.rk period shall be credited to the employee as. compensatory time off or paid, as determined by the department.head at the employee's applicable overtime rate. Section 6. The City will, discuss .appropriate circumstances for phone calls at.home with Supervisory personnel.. The: parties will continue to discuss call-back issues on a department. by department basis. ARTICLE 18 - RETIREMENT Section 1.. Tier One: For miscellaneous employees hired on or .before., December 20, 2.0.0.8, the City shall maintain a contract with CaIVERS .for the provision of a 3% @ 60 (highest 12 months) retirement benefit formula. '.Pier one employees pay .5%. of the employee retirement contribution. 1112 0/19 CC AGENDA PACKET PG 56 Section. 2. Tier Two: For "classic" Cal.PERS members hired on or after December 20, 2008, the. City shall maintain a contract with CalPERS for the provision of a 2.7 @ 55 (average of the highest 36 months of service) retirement benefit formula pursuant :to Ca:1PERS requirements. At the beginning of the employee's. sixth (.61-'') cumulative year of service the City: will pay seven and one -.half (7.5a:) percent of the employee retirement contribution. Concurrently, .Tier two employees shall pay . 5.° of the employee retirement contribution. Section 3. Tier Three For employees hired on classified as "new" members of CalPERS Pension Reform Act (PEPRA) ; the City Cal -PERS for the provision of a 2% @ 6.2 benefit formula. Also pursuant to PEPRA, for paying one-half of the normal cost or after January t, 20.3 and as defined. by Public Employees shall, maintain a. co.ntra.ct. with (highest 36 months) retirement these employees are responsible of this retirement plan. Section 4. These plans include the Military Service Credit option and the Option. 2 Death benefit. ARTICLE 1.9 - PROMOTIONS The City agrees that whenever there are, in the employ of. the. City, a sufficient number of employees who meet the minimum.aua.lifications for an open position and have performed at the standard level or above, the job .examination. for that position shat..]. }be given on.a promoti onay basis. Effective January 2020, thepromotional process will .be discussed in a labor management Conon- t; tee . .ARTICLE 20 — CITY INSURANCE CONTRIBUTION Medical, Vision and Dental. Benefits. The City and emploYees shall share bi-Tweekly contributions. towards a medical, vision and dental plan for all employees of these Units subject to the following contributions - Fee Dental HMO Dental Fee Dental Dental fiM0 Fee Health HMO Health LIMO Health Fee Health Employee Vision iii Sion Vision Vision Contribution Employee 80% 801 :ao% Only Employee 80, 80 e:G i. 7 Family 80� 8i3 8G'k 13 80%. 26a 80 20 .8v 20% 11/20/19 CC AGENDA PACKET PG 57 The City and Union have agreed that all future meeting and conferring and decisions regarding -t.hestructure of medical./dent.al insurance coverage's s.hall take place through the Joint City/Employee Medical Insurance Committee. The Committee s.ha.l..l consist of representatives from each. Unit and the City.. There shall be a good. faith effort to make all decisions. by October 31st of each year. Discussions. as to the City's contribution toward medical/dental. insurance shall continue to. be determined. through the formal meet and confer prowess between the City and the individual Units.. The:80%./20U premi.um..spl.it shall remain in effect unless an alternative agreement hasbeen reached. Any changes. to the health plans shall follow the existing process noted 3.n this Article, whereby the City will meet with the Insurance Committ.e:e. Life Insurance. The City currently provides for Life Insurance of $30.,:000. Empl.oyee.s have the. option. of buying additional Life. Insurance beyond $30,000 at their %expense, subject to carrier conditions. Disability Insurance. Employees in the Blue and White Collar Units may vo7.unta.rily participate at their expense, in the long-term disability program currently offered to Supervisory and. Management employees. The terms and conditions for this benefit shall. be the same as provided for Supervisory and Management employees. ARTICLE 21 - SAFETY Section 1. The City and the Union agree to abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational. Safety and Health Act of .1970 .and any legislation as may be passed by the State of California :to implement that plan. Section 2. The City agrees 'that any safety courses the employees are required to take will be provi.ded on City time with pay. Section 3. The City agrees to maintain :a Safety Program in accordance wi.th.an.d where required.by law. Section 4. The Union agrees to support without qualification, the City's Safety Program -and will encourage. -its members t.o:attend safety courses and to obtain First. Aid. Certificates if required by the City and made aVail.abl.e on City time. Section .5. Both. the City and the Union recognize the need and will strive to reduce the number :of industrial injuries among the employees. Employees are expected to report for work. in suitable clothing including appropriate footwear for the type.of work to be performed. 14 1112 0/19 CC AGENDA PACKET PG 58 Section. 6. Itis the duty of Management to make every reasonable effort to provide and maintain a safe place of employment. The Union. will cooperate by encouraging all employees to perform their work-in a safe. manner. It is the duty of all employees in the course of performing their regularly assigned duties to be alert to unsafe pract.i.ces.., equipment and conditions and to report any such unsafe practices or conditions to their immediate supervisors.. If such cond.i:tion cannot be satisfactorily remedied by his/her immediate supervisor, any employee has the right to submit the matter either personally or through. the Steward to his/her Department liead or his/her designated representative. Section 7. Classifications, designated by Risk Management or mandated by regulation,. shall be. provided with hepatitis vaccinations. Section.8. Light Duty. When due to injury or illness, whether or not the injury or illness: is work related and. the employee is unable to perform his/her usual duties, the employee may work in a light- duty capacity based on the following condiuioins: A. An employee may work 'sight duty only upon approval of the Department Head upon. the recommendation of the: appointed City Physician, and only to the extent that the employees illness or injury is not further aggravated by working in this capacity, nor is a hazard: created for other employees. B. Human Resources Division,working with the city departments, will identify potential light duty assignments. The employee may perform a. light duty assignment: within. any City department, a.s: determined. by the City. The City will determine the availability and duration of light duty assignments. C. Indi..v:iduals will not be assigned .to light duty if there is a: chance that doing so might result in liability against the City, as determined by the City. D. Ari employee shall accept. light duty assignments, if offered, if his/her il?ness/injury is Job related. E.. An employee denied a requested light duty assignment will be provid.ed.a written explanation, if requested.. F. Industrial light duty assignments have precedence over non- industrial a:ss..i.gnments. Section 9. Safety Equipment. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equi.pmen.t whenever dS 1112 0/19 CC AGENDA PACKET PG 59 such equipment has been required by the City as necessary on the job. Such equipment. shall include, but not be limited to, s.afety shoes, safety glasses, helmets, gloves, boot:s, life jackets and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures and limitations and exclusions. Section 10. 'Safety. Committee.. The Union will be allowed to appoint one member from each bargaining unit to serve on the. City's: Safety Committee. ARTICLE 22 -- TRAINING The City and Union recognize that the training. programs. and thy. advancement. of :employees to positions of higher skills are matters of great importance and interest to. the City, the Union and .the employees covered by this.Agreement. The City and Union agree that all. costs and time for training..or instruction required by the City shallbe paid by the City: however, the City shall retain the right to determine what training is required fo.r the employee to improve his/her performance on the job and to make such training a condition of employment. Wh.en.eve,r possible and practical, the City will rotate the scheduling of employees into training programs in order to. assure employees an equal opportunity in a.dvancing.to higher classifications. ARTICLE 23 - PREMIUM COMPENSATION The City and the. Union agree that it is the intent of Departmental. Management, whenever possible, to avoid working an employee out--of-- classification for a prolonged period of time. Section l.. Acting Appointment- The City and the. Union agree that Department Heads., with the approval of the City Manager, may assign the full.. range of duties and responsibilities of a vacant position. to a qualified regular_ employee for a period of time not to. exceed. six months. Such appointment in.ex.c.ess of six months. may be made with the approval of the appropriate civil service board. The compensation for the action appointment .shall be within the salary rangeof the class so assigned with a minimum of 50 - .Section 0.Sect.ion 2. Temporary Assignment- The City and the. Union. agree that assigning an. employee to perforin the duties of a higher class will occur only to meet work requirements within the City. When performing duties assigned by the S.upervisor,. for the ma4o:rity of the scheduled shift, the. employee shall be compensated for the full work day at base. rate . All, premium pay practices will conform with PERS rules. lb 1112 0/19 CC AGENDA PACKET PG 60 The fallowing table outlines the premium rate Per grade temporarily assigned above permanent assignment. If percentage difference between classifications is.: Range Premium rate (%) 6 _1:9 5 2.0-29 1.0 30-.39 17 40-49 25 50-59 34 60-69 43 The range percentage is the difference between an employee` s regular grade at step l .compared to the higher grade at step 1. Department Head approval will be required if range percentage is 70%1 and above. The premium rate column is equivalent to an employee.at step 4 of their current grade receiving step 2 of the higher grade. Section 3. The City and the Union agree that when an. employee is assigned as follows; they shall receive a five percent (5%,) increase during the period of such lead assignment A. When any Blue Collas or White Collar employee is assigned responsibility over any work release or community service workers. B. When any White or Blue Collar employee:is assigned .Lead worker responsibility over a crew of three (3) or more temporary, extra help or full-time emplpyees and. whose jab description does not include lead responsibilities. A crew of three (3:) means -,.a crew of three (.3.) including the lead worker. C. Unless .a. supervisor is present, a lead employee is to be designated and paid lead assignment pay for the .night sweeper crew. D. Except in emergency situations, the City will continue the current practice of assigning work release or community service: workers to employees who: have voluntarily accepted the responsibility and completed any required training. E. When Service Maintenance Workers in the Sewer Division are assigned lead rasp.onsibi;l..i.t,y on a two ---person truck, they will be considered as working at the Sewer. Maintenance 11 l:evel and paid out -of - classification assignment. WA 1112 0/19 CC AGENDA PACKET PG 61 ARTICLE 24 - HOLIDAYS Section 1. All eligible employees in the Blue and White Collar Units shall observe the following eight --hour holidays with pay: Martin Luther King Day President's Day Memorial. Day Independence Day Labor Day Veterans Day Than.ksg.:.iving Day Day after Thanksgiving Day Christmas Day New Year's Day Three Floating. Holidays, as provided below. Employees shall also receive every day designated by the City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays. Section 2. Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday., the previous Friday shall be observed as a holiday. Section 3. Employees assigned to seven-day per week shift schedules shall observe the actual, not. the observed holiday. 'Whose days are Independence Day, Veterans Day, Christmas Day and New Years Day. Section 4. Floating Holidays - .Each employee. in the. Slue and White Collar Unit, who is employed by the City when a floating holiday is credited, shall be eligible for that floating holiday. Floating holidays) must have prior departmental approval and shall be consistent: with the efficient operation of the affected department and its. activities. A.. Floating holidays shall be utilized as followson years that Christmas and Nein Years fall on: I. Saturday, Sunday, or Monday, three floating. holidays will be credited to employees. 2. Tuesday, Wednesday, or Enda , Christmas and New Years Eve will be observed as full day holidays .and one. floating holiday will: be credited each employee. 3. Thursday, the Fridays following Christmas and New Years will b.eobserved as full day holidays and one. Boating holiday will. be credited each employee. 18 11/20/19 CC AGENDA PACKET PG 62 4. Floating holidays not observed as Christmas or New Year's Eire shall be credited and available by July l of each year. Section S. Solid. Waste Holidays. - The Said Waste Division has two types of field operations which normally work either a five day o.r four day work week: A. Refuse Coll.ecti❑.n Yard Operations: Employees on a five day work week schedule may also. be required to work designated holidays which fall within their normal work schedule, excluding New. Year s Day, July 4r1', `thanksgiving Day,. Christmas Day, and those days 'the disposal facility is closed. Employees actually working any of the designated holidays will receive time and one half pay for the hours worked that day, in addition to the eight hoer holiday pay. For the. purpose of completing the weekly refuse collection cycle after a holiday which closes operation:, employees may also be required to work the Saturday after the. holiday and will receive time: and one half pay for the hours worked that day. B. _Recycling Facilities Op.erat:ians Employees on a four day work week schedule may also be required to work designated: holidayswhich. fall within their normal work schedule.,, excluding New Years Day, July V, Thanksgiving Day, and Christmas Day. Employees actually working any of the designated holidays will. receive time a -rid one half pay for the .hours worked that day, in addition to the eight hour holiday pay. Sectiori 6. During the time. of any leave. of absence without= pay .employees will not be eligible for Holiday Pay. ARTICLE 25 -.SHIFT ASSIGNMENTS The City agrees to continue its present practice at. the Public Works Department in scheduling shift assignments. If changes are made, the City will meet and consult with the Union prior to making said changes. The City and Union agree that to. meet the ne.ed.sof the Police Department .the following factors shall be considered. in making assignments for employeesin the Police Service Technician classification: Special skills Experience s en.i_ o r'i t y 19 11/20/19 CC AGENDA PACKET PG 63 Accommodation of education schedules Other factors, as determined by the Chief of Police The City and Union specifically acknowledge the rued to balance experience and inexperienced Police:S.exvice Technicians on all shifts. Appointmentsshall be made at the sole d4scretion of the Department. ARTICLE 26 - SHIFT DIFFERENTIAL Section 1. A shift differential of $.90 per hour shall be paid any employee when the major_ii.y of their shift falls between the hours of 3 p.m. and 12 midnight. Section. 2. A shift:differential of $1.25. per hour will be paid any employee when the majority of thei-r shift fails between 12 midnight and ARTICLE 27 - UNIFORM/FOOTWEAR ALLOWANCE Section 1. Uniform Allowance - All employees in the. Blue Collar Unit required to: wear. uniforms will be furnished such uniforms. at no cost to the employees. The City shall provide employees with eleven i11) uniforms during each bi-weekly uniform cleaning cycle. Uniforms that are damaged during the normal course.. of work wili be replaced. A. Except for Police Service. Technicians, noxi. ---safety personnel employed in the Police Department, who are required by the Chief of Police to wear a uniform, and Fire Di.spatc:hers,. shall be provided with a Five hundred eighty do? Lars ($580) per year uniform allowance. Animal Control. Officers (ACCO), Police service Technicians (PST) and Fire Prevention Personnel.. required to wear a uniform shall.. receive a Fight .hundred fifty dollars ($050) per year uniform allowance. This allowance is. to be paid on a b:i-- weekly basis to meet Cal PERS requirements. The City shall provide at no cost to the employee a1l required patches and chevrons. B. The City shall. provide all employees required to wear uniforms, provided through a uniform service with a choice of 100 cotton or poly blend uniforms. Section 2. Safety Footwear Allowance - The City shall provide a safety footwear reimbursement of up to One hundred twenty five dollars {$125) annually, for .a maximum of two (.2).. pairs of Department Head` (or designee) approved safety footwear per calendar year. Effective with the ratification of this agreement safety footwear reimbursement for requests initially submitted after ratification will increase to one hundred sixty dollars ($160) annually. Reimbursement will be approved with the original receipt. for those specific classifications :Listed with Human Resources. The City and the Union both reserve the right to make changes .to add or delete classifications from the list upon mutual agreement. 20 11/20/19 CC AGENDA PACKET PG 64 During the time of any leave of absence. without pay employees will not be eligible for una.�orm.. or footwear allowance. ARTICLE 28 - TOOL ALLOWANCE Employeesin the following January 1, and are required approved by the Public. Works for approved tool purchases: Equipment Mechanics Fleet Service Worker II Fleet Service Worker .I classifications who are employed as of to provide a complement of hand tools as Director, shall. .be reimbursed by the. City up to $5.30.0.0 Up to $:375.00 Up to $375..00 Fleet Service Worker I1 shall provide two --thirds (213) of the full tool set as per the. established tool. list. Fleet. Service Worker. I shall provide one-third (1/3) of the full tool.. set to be determined by management.. Tools purchased pursuant to this Section remain the property of the employee. ARTICLE.29 - BILINGUAL PAY Employees who have been designated .by the. City Manager and regularly utilize bilingual sk.il.l.s in their job or as a departmental translator for the City, shall receive seventy dollars {$70) bi-weekly for such services. To be eligible, an employee must pass a test .demonstrating their bilingual. :conversational fluency and. will be subject to periodic retest. Employees in the following classifications will be compensated one hundred dollars ($1.00) bi-weekly .for bilingual services. A. Police Service Technician H. Animal Control Officers. C. Police Dispatcher The City Manager shall designate qualifying .languages. and authorize the number of positions to receive bilingual pay based upon the needs of the City. Notwithstanding the above, all personne-l. shall util.i.ze any language skills they possess to the best. of their ability in handling their responsibilities on a. non --regular. .basis without compensation. During the time of any leave of absence without pay employees will not be eligiblefor bilingual pay. ARTICLE 30 -- COMPENSATORY TIME The accumulation of compensatory time shall not exceed one hundred (100) hours. Any compensatory time in excessof one hundred (1.00) hours shall be automatically paid if management is unable. to schedule 'the time. off.. 21 11/20/19 CC AGENDA PACKET PG 65 The use of comp time shall be scheduled through mutual agreement between the employee and management. Management may establish the.t.ime off for comp. time i:n excess of forty (40) hours where. mutual agreement cannot be reached. Employees retain the right to cash payment for any camp time on the books, subject to budgetary restraints. ARTICLE 31 - OVERTIME Overtime worked .must receive pre --approval. All overtime compensation shall be in the form of compensatory time., unless pre --approved for cash payment.. Overtime. compensation is credited at one and one --half. times the employee's regular rate of compe.nsation..Overtime compensation will be credited only for those hours in excess of the employee's regular scheduled workday or the 40 -hours workweek. ARTICLE 32 _. SICK LEAVE Blue and White Collar Unit employees accrue sick. leave .at the rate of twelve (12) days per. calendar year, With a maximum accrual, of one hundred twenty (120) days. An employee. who has an accrued balance at the end of the calendar Year, which exceeds one hundred twenty (120) days, will receive one hundred percent (100%) of his/her :accruals in excess of 12.0 days as vacation and may convert and be paid for up to seventy-five percent (75fl) of that amount of vacation. The amount to be converted must be designated by the employee no later than -the following January 31., whish. will be paid to employee the. second pay day in February. Employees receiving the above conversion will not receive any sixty (60). to one hundred twenty (120) day conversion of sick leave for that calendar year. The previously established non- conversion sick leave "bank" will no longer exist for this group. For the. term of this agreement, the parties agree that individuals retiring with a service :retirement shall. be entitled to a premium sick leave pay -out. Specifically, individuals shall receive an additional. 2.5% of accrued sick .leave compens:ati.on.at the time of retirement beyond. that provided for in Municipal Code Section 2.84.5.70. This payment shall not be considered gross remuneration for purposes of retirement. Except as provided below, any employee converting the service retirement to a disability retirement within five (5) years of the date of retirement shall refund this premium. sick leave payment to the City. If repayment ±s required, a reasonable repaymentschedule shall be establishedbetween the employee and the City. Exceptions to the: repayment requirement may be made as follows: A. No repayment shall be -required if an employee dies after retirement and the survivor's allowance is converted to a disability allowance. B. The City Manager will waive repayment in the. event of a 22 11/20/19 CC AGENDA PACKET PG 66 catastrophic event resulting in substantial disability from heart a.tta..ck, stroke or cancer for the employee. Substantial disability is defined as a disability which would have ..required the retirement of the employee if still in active service. ARTICLE 33 -- PERSONAL NECESSITY LEAVE The City agrees to allow each employee covered by this Agreement to utilize eight (8) hou= per year .as Personal Necessity Leave, chargeable toSick Leave. Such leave is designed to permit employee time off during normal.working time to conduct personal business. Personal Leave shall require prior approval and sha..11 be taken in minimum two. (2) hour increments. ARTICLE 34.-- DEFERRED COMPENSATION PLAN All probationary and regular employees i..r. the Blue and White Collar Units of the City shall be eligible to participate. in th.e City's Deferred Compensation Plan. ARTICLE 35 —.PAYROLL DEDUCTIONS The City agrees tc.) provide. payroll deductions for. Union dues and benefit programs atno cast to ..the empl.o.yees. or Union. Employees may express authorization for payroll deduction acid/or COPE contributions by submitting -to the Union a written membership application. form, through electronically recorded phone calls, by submitting the Union on online deduction aut:horizatio.n, or by any other means of i.nd.icating agreem.en.t allowable under state and federal law. The Union will submit to the City a List of members who have authorized payroll deduction and shall provide the City with verification that payroll deduction and/or COPE contributions have been authorized by .th.e employee only in the event a question arises about an employee's membership status. The City shall accept confirmations from the Union that. the. Union possesses electronic records of such membership and -give full force and .effect to such authorizations as "written authorization" for purposes of this Agreement. ARTICLE 36 - CLASSIFICATION REQUESTS Requests for classification consideration will be. processed once a year on February Zst, except those requests of. an emergency nature {a:s determined by the Human Resources Office) may be acted upon regardless of the submission. date and presented fa.r review outside the routine schedule. The effective date of any proposed upward classification will be implemented with the budget in the year that it is approved. 233 1112 0/19 CC AGENDA PACKET PG 67 Normally, position reviews will be generated in one of two ways: A... By request of the employee and./.or B. By .request of the Department Head. Prior to reaching any final_ decision, the Human Resources Office shall forward its draft findings to the employee and. shall consider any comments the employee may have on the draft report. If the recommendation of. the Human Resources Office is. negative, no further action shall be taken on the request. if the recommendation is positive, it shall, be subject to the. approval of the appropriate Civil. Service Commission and City Council. The parties agree to continue negotiations on the issue of revising the City's reclassification procedure. ARTICLE 37 -- LONGEVITY PROGRAM Unit members .shall be eligible for a Longevity Pay Program as follows: 10 or more. uninterrupted years of City service 2% of Base Pay. 1.5. or more uninterrupted years of City service 9° of Base Pay. 20 or more. uninterrupted .years .of City service. 6%- of Base Pay. The amounts above are not cumulative. Employee's hired after january 1, 1985, shall not be eligible .for Longevity Pay. ARTICLE 38 - RETIREE MEDICAL Section 1. Medicare Coverage - Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage whether through the City of Bakersfie.l.d, other employers.,, spouse/domestic partner coverage., or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. Section 2. The. City shall provide the surviving spouse /domestic partner and eligible:dependent(s) of any deceased employee with the health and welfare benefit contribution that :had been made on behalf of the employee prior to thein death. Section 3.. Employees hired after February 22, 2006.will not participate in either of the retiree health subsidy programs set forth in this .section. In lieu, the City will. match. up to one (1%) percent of the employee' s mandatary contributions to t.he.ir Retirement Health Savings account commene.ingthe beginning of their sixth ( 6.`'') year o.f empl oyment . Section 4. Retiree Medical - Employees hired. after April 1, 1996 .but 24 11/20/19 CC AGENDA PACKET PG 68 before February 22, 2.006 will be eligible :dor retiree medical under the following conditions A. Participation in the City retiree medical insurance pian will be. offered to those employees who. retire following twenty (20) years of regular service or retire: due to disability. Such retirees will_ receive a premium subsidy based upon 3% per year of service, to the nearest quarter Year,. up to a maximum of 30 years (90%) , of the lower of the HMO or Fee -For -Service Single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e. sing le. without Medicare rate, single with Medicare .rate, etc.) in subsidies from the City. B. Any employee eligible to receive retiree medical insurance coverage who. is .eligible for Medicare coverage (Past A) whether through the City of Bakersfield., other employers, spouse coverage,. or for any other reason, shall, be required to obtain and utilize. such coverage as a condition for receiving coverage. wider the City's retiree medical. :plan. C. Employees. hired after April 1, 199:6 shall not be eligible to receive the 4.2% Fee--F'o.r--Service plan subsidy. Section 5. Retiree Medical -- Employees hired prior. to April. 1, 1996 who .retire following fifteen (15) years. of regular service or retire due to dis:ability,. eligibility for and contributions towards retiree medical insurance shall be as originally set forth :in City Council .Resolution #227 -88 -and herein set forth: A. Retired employees enrolled under the City's health plan shall receive city contr. i.but ions based on the. following formula: Participation in the .City retiree medical insurance .plan will be offered to those employees Who retire following fifteen (15) years of regular service or retire due to disability. Such retirees will receive a premium subsidy :based upon 3- per year of service, to the nearest quarter year, up to a .Maximum. of 30 years (9075), of the lower of the HMO. or Fee -For --Service Single rate. In no. case shall a retiree in this cl..ass receive more than °0% of their applicable rate structure (i.e. single without Medicare rate; single with. Medicare .rate, etc.) in subsidies from the City. B. Forty-two (.4:2%) percent of the actual. premium for the: "Fee for Service" Retiree Health. Plan shall be paid by the .City and the balance of the.p.remium shall be calculated .and paid pursuant to the formula in "A" above. C.. Retired employees covered under the HMO Insurance plans shall only .receive the City contributions under the. formula.. in "A above. Section 6. Retirement Health Savings Accounts - The TCMA Vantage Care 25 1112 0/19 CC AGENDA PACKET PG 69 Retiree Health Savings Account: program (RHSA) has been implemented—One (1%) percent o.f.base pay will be deducted from each employee's paycheck on a pre-tax basis and deposited. into their individual account effective with.program implementation. As soon as is possible the City will amend the Retirement Health Savings Account for the White. Collar_ Unit to eliminate the deposit of accrued leave payouts into th.e Account upon retirement. The..C.ity assumes no liability fo.r adverse tax rulings by the IRS relative to this program. ARTICLE 39 - TRAINING STEP A Training: ("T".) Step exists for the following classifications: Cier.k Typist I Fleet Service Worker I Service Maintenance Worker This step shall be ten percent (10%) below Step "1". Newly hired employees shall be hired. at the "T" Step whenever, in the opinion of the City, the hiree is not fully: prepared. to function in their classification until a training pe.ri,od has been completed. Empl.yees shall be advanced to Step "1" by the and of six (5) months of continuous service. Time spent in the "T" Step shall count towards s.at.isfyin.g the: probationary period. ARTICLE 40 - DRUG.TESTING The goal and intent of this program is the rehabilitation and assistin g of first-time, offenders with drug. problems. However, action taken against an employee shall be determined. by individual circumstances of each case and disciplinary action, up to and .including termination is possible. Authorit for 'restin - Only .an employee's Department Head or his/her designee, acting in the absence of the Department Head,. may order a drug. gest. Conditions A1.lowin foz Testin - Employees may be subjected to drug testing if the City has a reasonable suspicion that the employee is using: 1.) illegal drugs:, 2.11. p.rescr.iption drugs without or. contrary to a prescription, or 3) being under the infl..uen.ceof alcohol. during working hours. Reasonable suspicion shall. :mean one or more .of the following exists as determined.by the Department Head or his/her designee: A. Having more evidence for than against. 26 1112 0/19 CC AGENDA PACKET PG 70 B An apparent state of facts and/or circumstances which would lead a reasonable person to believe an individual was using drugs/narcotics. C. A reasonable:grounds for belief in the: existence of facts or circumstances warranting an order to submit to a drug test. Testing Procedure - Detailed testing procedures shall be developed by the City to A. Positively identify employees prior to.testing. B. Provide for employee privacy and security of samples. C. Establish if an employee is taking any drugs :legitimately under medical. supervision D. Develop a two-step test. Both urine and blood samples shall be drawn unless the employee waives his/her right to the blood sample. Any specimen testing positive in the urinalysis shall be: subject to confirmation b:y blood test unless waived. No no:ti.ficat.io:nshall be given of initial positive tests until the confirmation blood test has .been .completed and is positive. At the time the samples. are drawn., a second set of samples shall. be taken and sealed. Should the original blood test show positive, the second sealed set of samples shall be retained for six (6) months to allow for .further testing in the event of a dispute. 'I esting Agent - The laboratory selected to conduct the analysis must be experienced. and capable of quality control, documentation, chain of custody, technical expertise and demonstrated proficiency. ARTICLE 41 - COURT CALL BACK Unit employees in the Polite Department shall receive a minimLim of three (3) hours compensation at the appropriate rate: of pay when called back for court appearances.. 2.7 1112 0/19 CC AGENDA PACKET PG 71 ARTICLE 42 VACATION vacation accrual shall be as follows Years 0-4 Maximum vacation accrual shall Between 5 to 10 yoa.rs of service, increased to three ( 3) years and. of service, the .maxiM.u.m. accrual and nine (9). days. Days 10 15 20 be three t3; years. annual accrual. the maximum vacation accrual: shall.. be three = 3) days. After ten { 10) years shall be increased to three ( 3 ) years ARTICLE 43 - CERTIFICATION PAY A. When the City requires an employee as a condition of employment or request the employee to voluntarily obtain and/or maintain a State or National certification, the City shall reimburse the employee for any cost of obtaining and/or renewing the certification. B T.he City shall reimburse employees for any cost of obtaining and/or renewing a City required driver's license, above the post of a class ".C" license. C. Employees who have been designated by -their department head and regularly use sp.e.cialrized skills for whicha state ornational certification is required in their ,1.ob., shall receive annual certification pay, to be paid in the last .pay period of December of every year, for such services. To be eligible, an employee must. pass the test. given by the certifying agency, obtain required continuing education units and keep certification current. The certification pay will only be paid if an employee maintains the certification for an entire calendar year. The certification must not be :a. requirement listed .in the. jab specification its order to obtain the j:ob. 7$ 11/20/19 CC AGENDA PACKET PG 72 The recognized certifications are: Lar 97 Advanced Smog Certification Automotive. Service Excellence (ASE). certificates (Equipment Maintenance) $150 per certificate* *Maximum Fleet Service Worker .1 4 certificates Fleet Service Worker. 11.. 5 c.erti.ficates Fleet. Mechanic (.All) 10 certificates Automotive Parts Specialist 2 .certificates Forklift Operator Trainer $500 Geologist $1-, QQQ Latent. Print Examiner $1,..500 Arborist $1,000 DOT Tester Certification $1,000 California State Water Resources Control Board Grade 11.1 (Waste Water) $1.,500 Certified Backflow Prevention. Assembly Tester. (Parks). $1.,.50.fi Pest Control Advisor License (Parks) $1,000 Combination of D.C.T. Hy.drote.ster and State Fire Marshal. Fire Extinguisher (Fire) Qualified Applicator License.. (Parks:) $.500 Certified Arborist (Parks) $500 Certified Pool./Spa Operator tRecr.eationj $`500 Bar 97 Advanced Smog Certification $1,000 Certified Latent Print .Examinee" $1,000 Notary Public License $500 Crane. Operator Certificate $500 Automotive Service Excellence {ASE) certificates (E.q:uipment. Maintenance) $ 100 per c.erti..ficate" ?9 1112 0/19 CC AGENDA PACKET PG 73 'Maximum Fleet Service Worker. I 400 Fleet: Service Worker 11 $ 500 Fleet Mechanic (All) $ 1, N& Automotive Parts. Speci:al.is.t $.200 Waste Water Mechanic -- Plant Maintenance Mechanical Technologist. $10.0. Grade T, $200 Grade .11 per year, non -accumulative. Building Inspectars, Code Enforcement and Building Staff --- $100 each per year for 'City approved: certification, up to a maximum of 5 certificates. F.re Inspectors, Hazardous Material Specialists $.10.0 each per year for City approved certificates, up to a maximum of 5 certificates. Traffic Signal. Technician - Inte,rnational Municipal. Signal Asso:ci.at_.io:n Certif?_cat on $100 Grave I, $.200 Grade 11, $3U Grade: III, non --accumulative, per year. ASE certi.fication(s) as .of December Ist will be eligible to receive the applicable certification pay for the entire calendar year. S.i:gning and Striping Certificates -- $1.00 Grade 1, $2GO Grade 11, $300 Grade III, non -accumulative per year. City or Unson may request additional and/or modifications to certification pay during the term of the agreement, which will... be implemented upon mutual..a.greement. ART I CLE 44 - JURY DUTY The City shall. provide for paid leave, when ars:employee is subpoenaed to Jury fluty and/or to appear as a witness in :court in Kern County on matters of civic, concern. Examples of matters of civic concern would include criminal matters, accidents, ietc_. ARTICLE 45 -- TRS 125 PROGRAM The City has implemented the IPS 1.25 Program for payment- of medical insurance premiums., childcare and un -reimbursed expense.. Employees may voluntarily participate in the childcare. and: un-r.ei.mbursed medical portions of the .program. ARTICLE 46 - RESIDENCY REQUIREMENT The residency requirement x.or Unit employees shall. require that employees maintain residency within one (1.) hour normal driving time ao 1112 0/19 CC AGENDA PACKET PG 74 from City Limits. Normal. driving time shall be defined -as driving the most direct route at the posted speed limit. ARTICLE 47 -- PAYROLL CHANGES A. The City shall maintain in effect the voluntarily direct deposit program for unit employees with the following provisions: 1. Require all regular employees hired on or after January I., 1994 to participate .in direct deposit... Participation shall be voluntary for employees prior to January 1., 1994. 2. Eliminate payoff checks for sick leave converted. to vacation with all such payoffs being added to the regular paycheck. 3. Employees areresponsible for investigating errors in direct deposit with their bank. 4. City will give notice to the Union should it wish to change any of the paycheck release times currently in effect. 5. The City will give reasonable advance notice if it will be unable to provide direct deposit for a given pay period. B. All payroll changes shall become effective at the startof the nearestpayroll period. ARTICLE 49 — NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION The City will provide the Union .a .monthly listing of each newly hired employee. re.pr:esented under which will.include name. and address. The City shall also :provide to the Union :a listing of all .Service Fee Payers represented under .SE113 which will include name and address each Quarter. The City will. provide 13EIU LOCAL 5.21. 10 calendar days.' notice: of orientations to enable an .exclusive. representative of SEIU LOCAL 521. access of up to thirty m:inutes, at the end of the orientation process, to present Union membership. information with no management present The new employee orientation will be a mandatory part of the agenda... This .notice will include the time, date and location of the orientation. SE1U LOCAL 521 agrees to. provide Hunan Resources a list of representatives or shop stewards that S:E1U.LOCAL 521 will utilize for the new hire orientatians throughout the year. Once the City 31 1112 0/19 CC AGENDA PACKET PG 75 notifies SEIU LOCAL 521 of the new employee orientation, SEIU LOCAL .521 will ident-iffy the representative or steward that will attend and notify the City 5 calendar .days' notice of orientations. Additionally, the City will provide SEIU LOCAL 521 a digital file via email to the entail address designated by SEMI LOCAL 521. containing the .following information within 3:0 days of hiringan. SEIU LOCAL 521 represented employee the name, lob title, department, work location, work, home, and personal cell phone numbers, personal email :addresses on file with the employer; and the home address of. the new hire. The City will also provide SEIU LOCAL 5.21 a list of all informationfor all employees in the bargaining unit :every 1.20 days. Employees transferring from .another bargaining unit are not considered new hires and w.i..11 not be part of the 3.0 -day report; however., their information will be captured in the 120. day report. The Union will provide the Human Resource Director with a copy of the new emp:l.oyee orientation pa:eket on a quarterly basis. If there is a. substantial change in the packet, the Union will. provide the packet at the next scheduled new hire orientation. ARTICLE .50 --- UNION BULLETIN BOARD The City will provide approximately a. two by three foot. (2' x 3") bull.e.tin board space at each .of the major work site iocati.ons .for Union bulletins. If space is not available the Unryon may provide a two by three foot (2' x 3') bulletin. board which the: City will install.. The space will be. located in an area frequented by a majority of the employees at the. work site. The Union will be responsible to maintain the designated posting area and ensure compliance with City, State, and Federal compliance requirements., including the prohibi-tions of derogatory or inappropriate documents. ARTICLE 51. SDI ELECTION Slue and White Collar employees have elected -to participate in the State Disability Insurance (SDI) program. SDI benefits will be automatically coordinated with wages for employees riff work for seven (7) or more calendar days. ARTICLE 52 — COMMITTEES 1. The Union recognizes Its obligation to .cooperate with the City to assure maximum service of the highest quality :and efficiency to the citizens of The City o.f Bakersfield, consonant with its obligations to the workers it represents. The City and the Union affirm the principle that harmonious Labor --management relations are to be promoted and furthered. The City and the un.iQn agree that each employee. shall be treated equally, fairly, and with dignity and. respect. 32. 1112 0/19 CC AGENDA PACKET PG 76 A. Labor Management Cormnit.tee. It is. the intention of the parties to establish a City-wide Joint Labor -Management Committee. to provide a forum for labor and. management to jointly discuss issues of concern to the bargaining unit employees. 2. The Joint Labor /Management Committee shall. consist of Management representatives and bargaining unit representatives, selected by the Union. The Management representatives will be :designated by the CITY. Annually, the Joint Labor./Management. Committee shall. meet up to 4 times upon written request of either party, during working hours..to discuss issues which may include, but are not limited to career training, educat.i.onal/promot.ionalopportunities, class specifications, tr.adning and employee development. The Committee may also make advisory recommendations to the City Manager .or his/her .d:esignated representative, for consideration. Either party requesting the meeting shall provide. an agenda five {5) days prior to the. meeting. Committee participants shall be released on ;cork time to attend meetings. ARTICLE 53 - PROBATIONARY PERIOD i. All appointments to a permanent position shall be tentative and. subject to a probationary period of six ( 6 ) months. 2. During the probationary period, the employee sha:l.l be required to demonstrate his or her fitness to the po:sit.ion to which he. or she is appointed by actual performance of duties of .the position. 3. At the conclusion of the probationary period, the department must file an Employee Performance Evaluation stating -the retention of the probationary employee in the City service :is desired or the probationary employee will be considered tans at isfact ory and will be terminated. ARTICLE 54 —LINE OF DUTY DEATH BENEFIT Including the prescribed death benefits defined in Labor Code Section 4.701 et. al, the City shall pay all reasonable funeral and bu.rial... expenses to a maximum of $20,000 for. a Bakersfield employee who dies as the ..direct result of .an ori --duty related. injury. ARTICLE 5.5 - SEVERABILITY It. is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal. and State laws 3:3 1112 0/19 CC AGENDA PACKET PG 77 and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws or regulations If .any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal and State laws or regulations, or otherwise held to be invalid or unen..forceable by any tribunal .of competent jurisdiction, such part or provisions shall be suspended and superseded by such app.li.cable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and s.hal.l remain in full force and effect. The City. and Union- agree nionagree to meet and confer in an attempt to replace and/or- adjust for any suspended or superseded provisions. FOR THE SERVICE EMPLOYEES INTERNATIONAL UNIONS LOCAL 521 Jason Suchin Bernie Daverin. .Courtney Camps Phillip Rios Shane. Gardner Martin Harrington Michelle Gonzalez John Patterson Sandra Alvarez Miguel Ramos. Michael Carter 34 FOR .THE CITY OF BAKERSFIELD Chris. Hunt Christi `enter Randy McKeegan Nick Fidler Darin Budak William Avery 1112 0/19 CC AGENDA PACKET PG 78 RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS AND ADOPTING SALARY SCHEDULE AND RELATED BENEFITS. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for employees of the City; and WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of California, the City has met and conferred in good faith with the Service Employees International Union (S.E.I.U.) which represents this City's Blue and White Collar unit; and WHEREAS, the City's negotiator and S.E.I.U. have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on July 1, 2019, and expire at midnight on December 31, 2022, for all employees of said Unit employed on the date of adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing June 29, 2016, the attached document entitled "Memorandum of Understanding between the Service Employees International Union (S.E.I.U.) and City of Bakersfield" shall constitute the salary schedule and related benefits for the categories and positions specified therein on the date of adoption of this Resolution, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and Service Employees International Union (S.E.I.U.) unit for the period beginning July 1, 2019 and expiring at midnight, December 31, 2022. -----------000--------- 11/20/19 CC AGENDA PACKET PG 79 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 JULIE DRIMAKIS 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 A. GENNARO CITY ATTORNEY of the City of Bakersfield Attachments 11/20/19 CC AGENDA PACKET PG 80 Draft MEMORANDUM OF UNDERSTANDING BAKERSFIELD SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 "►s CITY OF BAKERSFIELD July 1, 2019 - December 31, 2022 11/20/19 CC AGENDA PACKET PG 81 TABLE OF CONTENTS ARTICLE 1 PURPOSE .......................................... 1 ARTICLE 2 RECOGNITION ...................................... 1 ARTICLE 3 TERM OF AGREEMENT ................................ 1 ARTICLE 4 RENEWAL .......................................... 2 ARTICLE 5 MAINTENANCE OF BENEFITS .......................... 2 ARTICLE 6 REPRESENTATION — UNION OFFICERS .................. 2 ARTICLE 7 UNION STEWARDS ................................... 3 ARTICLE 8 NO STRIKE OR LOCKOUT ............................. 4 ARTICLE 9 MANAGEMENT RIGHTS ................................ 4 ARTICLE 10 MAINTENANCE OF MEMBERSHIP ........................ 4 ARTICLE 11 RIGHT TO REPRESENTATION .......................... 5 ARTICLE 12 PROCESSING OF FORMAL GRIEVANCES .................. 5 ARTICLE 13 EQUAL OPPORTUNITY EMPLOYMENT ..................... 9 ARTICLE 14 PERS PICK—UP..................................... 9 ARTICLE 15 COMPENSATION .................................... 10 ARTICLE 16 STAND—BY PAY .................................... 10 ARTICLE 17 CALL—BACK....................................... 11 ARTICLE 18 RETIREMENT ...................................... 11 ARTICLE 19 PROMOTIONS ...................................... 12 ARTICLE 20 CITY INSURANCE CONTRIBUTION ..................... 12 ARTICLE 21 SAFETY .......................................... 13 ARTICLE 22 TRAINING ........................................ 15 ARTICLE 23 PREMIUM COMPENSATION ............................ 15 ARTICLE 24 HOLIDAYS ........................................ 17 ARTICLE 25 SHIFT ASSIGNMENTS ............................... 18 ARTICLE 26 SHIFT DIFFERENTIAL .............................. 19 ARTICLE 27 UNIFORM/FOOTWEAR ALLOWANCE ...................... 19 ARTICLE 28 TOOL ALLOWANCE .................................. 20 ARTICLE 29 BILINGUAL PAY ................................... 20 ARTICLE 30 COMPENSATORY TIME ............................... 20 ARTICLE 31 OVERTIME ........................................ 21 ARTICLE 32 SICK LEAVE ...................................... 21 u Draft 11/20/19 CC AGENDA PACKET PG 82 TABLE OF CONTENTS ARTICLE 33 PERSONAL NECESSITY LEAVE ........................ 22 ARTICLE 34 DEFERRED COMPENSATION PLAN ...................... 22 ARTICLE 35 PAYROLL DEDUCTIONS .............................. 22 ARTICLE 36 CLASSIFICATION REQUESTS ......................... 22 ARTICLE 37 LONGEVITY PROGRAM ............................... 23 ARTICLE 38 RETIREE MEDICAL ................................. 23 ARTICLE 39 TRAINING STEP ................................... 25 ARTICLE 40 DRUG TESTING .................................... 25 ARTICLE 41 COURT CALL BACK ................................. 26 ARTICLE 42 VACATION ........................................ 27 ARTICLE 43 CERTIFICATION PAY ............................... 27 ARTICLE 44 JURY DUTY ....................................... 29 ARTICLE 45 IRS 125 PROGRAM ................................. 29 ARTICLE 46 RESIDENCY REQUIREMENT ........................... 29 ARTICLE 47 PAYROLL CHANGES ................................. 29 ARTICLE 48 AGENCY SHOP ..................................... 30 ARTICLE 49 NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION.... 30 ARTICLE 50 UNION BULLETIN BOARD ............................ 31 ARTICLE 51 SDI ELECTION .................................... 31 ARTICLE 52 COMMITTEES ...................................... 31 ARTICLE 53 PROBATIONARY PERIOD ............................. 32 ARTICLE 54 LINE OF DUTY DEATH BENEFIT ...................... 32 ARTICLE 55 SEVERABILITY .................................... 32 ff Draft 11/20/19 CC AGENDA PACKET PG 83 Draft MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAKERSFIELD AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 The duly authorized representatives of the City of Bakersfield, herein after referred to as "the City" and the Service Employees International Union, Local 521 hereinafter referred to as "the Union", having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding. ARTICLE 1 - PURPOSE It is the purpose of this Memorandum of Understanding to promote and provide the harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstanding; and to set forth the full and entire understanding of the parties reached as a result of good faith meeting and conferring regarding the wages, hours and other terms and conditions of employment covered by this Memorandum. ARTICLE 2 - RECOGNITION Section 1. Pursuant to the provisions of the City Employer -Employee Relations Ordinance, Supplemental Rules and Regulations and applicable State law, the Service Employees International Union, is recognized as the majority representative of the City employees in the Blue Collar Unit and While Collar Unit and as the exclusive bargaining agent for the employees in said Units. Section 2. The term "employee" or "employees" as used herein shall refer only to the regular and probationary employees employed by the City in said Unit in the employees classifications comprising said Units as well as such classes as may be added hereafter by mutual agreement between the City and the Union according to the provisions of the City Employer -Employee Relations Ordinance. Section 3. Nothing contained in this Memorandum shall prohibit any employee of the Blue Collar Unit or White Collar Unit of the City of Bakersfield, who is not a member of the Union from appearing in his/her own behalf in his/her employment relations with the City. ARTICLE 3 - TERM OF AGREEMENT The City and the Union agree that the term of this Agreement shall commence on July 1, 2019, and expire at 12:00 midnight on December 31, 2022 11/20/19 CC AGENDA PACKET PG 84 Draft Reopeners - City and Local 521 can each reopen negotiations on 5 items in the second and third years of the agreement. The City will not make proposals which would reduce total compensation. Reopener discussion shall commence by February 15th each year. ARTICLE 4 - RENEWAL Except as provided herein, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal or continuation of this Agreement. The City and the Union further agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated and conducted in accordance with the applicable sections of the City of Bakersfield Employer -Employee Relations Ordinance, Supplemental Rules and Regulations and that every effort will be made to reach an agreement prior to the expiration of this Agreement on December 31, 2019. Negotiations for the successor agreement will commence by October 1, 2019 It is further agreed that nothing in this Agreement shall in any way diminish the rights of the employees, the City or the Union as established by the Meyers-Milias- Brown Act of the State of California and all amendments thereto, except as herein provided. ARTICLE 5 - MAINTENANCE OF BENEFITS Section 1. The City and shall Hours excep tremain in full force of Work, Call -Back, as modified herein, the Union agree that the following benefits and effect for the duration of this Agreement: Overtime, Jury Duty, Sick Leave and Vacation Section 2. It is understood that existing ordinances, resolutions and policies of the City cover matters pertaining to employer- employee relations including, but not limited to, salaries, wages, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies including the City of Bakersfield Employer -Employee Relations Ordinance, Supplemental Rules and Regulations are hereby incorporated herein as though set forth in full. ARTICLE 6 - REPRESENTATION - UNION OFFICERS Section 1. The City and the Union agree that Union Officers and Representatives will be allowed to meet with City Management on City 11/20/19 CC AGENDA PACKET PG 85 Draft time for the purpose of meeting and conferring in good faith without loss of pay or any benefits. Section 2. The Union agrees to provide the City Human Resources Manager with a list of the Union Officers and Representatives with their job classification, who are authorized to meet and confer in good faith. Section 3. The City agrees that authorized Union staff members shall be given access to work locations during working hours to conduct Union grievance investigations and/or observe working conditions. Such visits are to be made in accordance with the procedures outlined in the applicable sections of the City of Bakersfield Employer- Employee Relations Ordinance, Supplemental Rules and Regulations. Section 4. The City agrees to allow authorized Union representatives access in City facilities before and after working hours in order to present facts regarding benefit programs. ARTICLE 7 - UNION STEWARDS Section 1. The City agrees that the Union may designate up to twenty (20) Stewards per Bargaining Unit to represent employees in the processing of grievances. It is further agreed the Union may designate alternate Stewards for use when a Steward is on an approved leave of absence or vacation. Section 2. The Union shall furnish Management Representatives with a written list identifying by name and work location all regular and alternate Stewards. The list shall be kept current by the Union at all times. Section 3. The Steward is to begin investigating a grievance only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties failed to reach a resolution of the problem. Section 4. Union Stewards may be elected to serve as an Officer or Director of the Board of Directors for the Union. The members can also be elected to serve as an Advisory Board Member of the Union, which acts as a bridge between the Board of Directors and the Members. The City shall allow these members to have release time for these special union activities. In addition, periodically Union Stewards are called upon to serve the Union for the benefit of members. In these times, the City shall also allow these members to have release time for these special union activities. No more than two (2) employees, two (2) days of release time each shall be allowed per month with an annual accumulative total of fifteen (15) days. Normal time off approval request procedures apply. If used, the City 3 11/20/19 CC AGENDA PACKET PG 86 Draft of Bakersfield shall invoice the Union for the hourly cost of employees plus the cost of benefits for the day(s) used. ARTICLE 8 - NO STRIKE OR LOCKOUT The City and the Union agree that during the term of this Agreement the City will not lockout employees and the Union will not engage in labor practices detrimental to providing services to the citizens of Bakersfield; or detrimental to the interests of the City, nor will the Union sanction, support, condone, approve or engage in any strike, sick -in, slow down, work stoppage or speed ups. The City and the Union further agree that all matters of controversy coming within the scope of this Agreement will be settled by established grievance procedures. ARTICLE 9 - MANAGEMENT RIGHTS The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City and Union agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employees as set forth in Sections 3.16.040, 3.16.050 and 3.16.060 (c) of Ordinance No. 2154 and said sections are hereby incorporated by this reference and made a part hereof as though set forth in full. The City shall, however, give the Union reasonable notice of any plan to contract work currently performed by Union Members. Upon request, the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this section shall be construed to limit the right of the City Council to contract out work in its sole discretion. ARTICLE 10 - MAINTENANCE OF MEMBERSHIP Section 1. Any employee covered by this agreement who is a Union member, or becomes a Union member, shall continue to pay to the Union those dues or fees regularly charged members of the Union in good standing for the life of this agreement. Any new employee covered by this Agreement who voluntarily joins the Union, shall be subject to the same terms of continued membership as employees above. Section 2. Every employee who is a member of the Union shall have the right to withdraw from membership during the last thirty (30) days of this Agreement. An employee who has properly withdrawn membership as provided herein shall be subject to the provisions of Article 48 Agency Shop. 4 11/20/19 CC AGENDA PACKET PG 87 Draft ARTICLE 11 - RIGHT TO REPRESENTATION The City shall advise the employee of his/her right to be represented by the Union or other representation of his/her choosing at any meeting in which disciplinary action is to be imposed or at which disciplinary action might reasonably be expected (by the employee) to be imposed. It is the responsibility of the requesting member to secure representation of their choosing. Disciplinary investigations are included in this section. If the employee elects to have representation present, and none is immediately available, the meeting will be postponed for up to forty-eight (48) hours not including Saturdays, Sundays, or holidays, in order to permit the employee to obtain representation within or beyond the 48 hours. There is no right to representation during meetings where the employee is not suspected of wrongdoing. For example, such meetings include, but are not limited to, work related instruction, questions, performance evaluations, etc. If the City advises the employee that a meeting does not involve potential discipline there is no right to representation. ARTICLE 12 - PROCESSING OF FORMAL GRIEVANCES Section 1. Grievance Procedure. A Matters Subject to Grievance Procedure. All employees in the city service shall have the right to present a grievance regarding dissatisfaction with some phase of his or her job or relations with others on the job which is outside his or her scope of control. B. Objective. Objective of grievance procedure shall be: 1. To promote improved employee -employer relations by establishing grievance procedures on matters for which appeal or hearing is not provided by civil service board rules; 2. To afford employees individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions; 3. To provide that grievances shall be settled as near as possible to the point of origin; 4. Encouragement that grievances should be heard and settled as informally as possible. C. Individual Informal Grievance Procedure. An employee who feels he or she has a grievance should attempt to resolve this grievance by discussion with his or her 5 11/20/19 CC AGENDA PACKET PG 88 immediate supervisor without undue delay. If after such discussion, the employee does not feel the grievance has been satisfactorily resolved, he or she shall have the right to discuss the matter with the chain of command including his or her department head. Every effort should be made to resolve the grievance by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such informal discussions, he or she shall have the right to file a request for a formal grievance in writing with his or her superior or department head. An informal grievance shall not be taken above the department head. A Individual Formal Grievance Procedure. After exhaustion of the informal grievance procedure, the grievance shall be put in writing and shall proceed on the following levels of review: 1. Department or Division Review. The employee shall file his or her grievance in writing with his or her department head who shall discuss the grievance with the employee. The department head shall render his or her decision and comments to the employee in writing within fifteen calendar days. If the employee does not agree with the decision reached or if no answer is received from the department head within fifteen calendar days, he or she may present the grievance in writing to the city manager. Failure of the employee to take further action within ten calendar days after receipt of the decision or within a total of twenty-five calendar days if no decision is rendered, will constitute withdrawal of the grievance. 2. City Manager Review. Upon receiving the grievance, the city manager or designated representative shall discuss the grievance with the employee and all other appropriate persons. The city manager may appoint a fact finding committee or an officer not in the normal line of supervision to investigate and advise him or her concerning the grievance. The city manager shall render a decision in writing to the employee within twenty calendar days after receiving the grievance. The decision of the city manager shall be final in all cases unless the grievance is 6 Draft 11/20/19 CC AGENDA PACKET PG 89 subject to policy review by the city council. In such cases, the city manager shall then refer the matter to the appropriate council committee. E. Employee Organization Grievance Procedures. 1. A recognized official of an employee organization may submit written grievances on behalf of the organization or an employee to the appropriate department head with a copy filed with the city manager; 2. The department head shall render a written decision within fifteen calendar days within receipt of the written grievance unless a mutually agreed upon extension of time is set; a copy of the department head's decision will be filed with the city manager; 3. If the employee organization is not satisfied with the decision rendered by the department head, they may request a city manager review of the grievance within ten calendar days of receipt of the department head's decision; failure of the employee organization to take further action within ten calendar days after receipt of the department head's decision or within a total of twenty-five calendar days if no decision is rendered, will constitute withdrawal of the grievance; the city manager shall render his or her written decision within twenty calendar days after receiving the grievance; the city manager's decision shall be final in all cases unless the grievance is subject to policy review of the city council; in such cases, the city manager shall refer the matter to the appropriate council committee. F. Conduct of Grievance Procedure. 1. The time limits specified in this section may be extended by mutual agreement of the employee or employee organization and the reviewer concerned; 2. The employee may request the assistance of another person of his or her own choosing in preparing his or her written grievance; 3. Employees are assured freedom from reprisal for use of grievance procedures. (Prior code § 3.14.300) 7 Draft 11/20/19 CC AGENDA PACKET PG 90 Draft Section 2. Administration of the Grievance Procedure. 1. The Union agrees that whenever investigations or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. 2. Stewards will be permitted reasonable time off with pay for the investigation and processing of grievances. Stewards, when leaving their work locations to transact such investigations or processing, shall first obtain permission from the Department Head or his/her designees and inform him/her of the nature of the business. Permission to leave will be granted promptly unless such absence would cause an undue interruption of work. 3. Upon entering a work location, the Steward shall inform the cognizant Department Head and Supervisor of the nature of his/her business. Permission to leave the job, but not the location, will be granted promptly to the employee unless such absence would cause undue interruption of work. If the employee cannot be made available the Steward will be immediately informed when the employee will be made available. 4. The parties agree that all formal grievances will be processed in accordance with the City's grievance procedure. The parties also agree that any grievance over the interpretation of the terms and conditions of this Agreement may be submitted through the grievance procedure for resolution. 5. The City agrees to alter its formal grievance procedure as follows: Grievances which are not settled pursuant to the grievance procedure at the City Manager's level shall be further considered in the following manner: Upon written response from the City Manager, the affected employee shall have the option of a third party advisory review. Such advisory review shall be conducted as follows: A. The City and Union shall select one representative for the purpose of selecting a third party who shall hold a hearing for the purpose of reviewing the City Manager's decision. B. The agreed to third party, shall, as soon a practical, but not later than thirty (30) days, hold closed hearings on the grievance which shall be held in conformity to normal hearing procedures. C. Either the City or the Union may call any employee as a witness and the City agrees to release said witness from work if he/she is on duty. Any employee called as a 8 11/20/19 CC AGENDA PACKET PG 91 Draft witness by the City shall be debited for any hours not worked while on such call. Employees called by the Union may be reimbursed by the Union for any loss of pay for time off. D. The third party shall have no power to alter, amend, change, add to or subtract from any of the terms of this Memorandum. The opinion of the third party shall be based solely upon the evidence and arguments given by the respective parties in the presence of each other. E. Either party may be represented by legal counsel. F. Parties shall pay their own expenses except for the third party whose expenses shall be shared equally. G. The opinion of the third party shall be strictly advisory and shall be submitted to the employee or his/her designated representative and to the City Manager for his/her further consideration. H. No opinion of the third party shall require the exercise of the legislative authority of the City Council nor shall it contravene any existing City Ordinance, City Charter or State law. The opinion of the third party shall be in writing within twenty (20) days from the close of the hearing. ARTICLE 13 — EQUAL OPPORTUNITY EMPLOYMENT The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age handicap, marital status, national origin, political or religious affiliations or union membership. ARTICLE 14 — PERS PICK—UP Except as provided in Article 18 below, at the beginning of the employee's sixth (6th) cumulative year of service, the City will pay the full portion of the normal contributions required to be paid by the employee to the Public Employees' Retirement System. Effective with the implementation of the 3% at 60 retirement program, City agrees to pay one (lo) percent of the employee's retirement contribution for employees with less than six (6) cumulative years of service. The City will pay the full portion of the contribution at the beginning of the employee's sixth (6th) cumulative year of service. Employees hired subsequent to February 22, 2006 will not receive this one (lo) percent contribution. Such payments by the City shall be reported as normal contributions and shall be credited to 7 11/20/19 CC AGENDA PACKET PG 92 Draft said employees' accounts pursuant to Government Code Section 20615. This PERS pick-up is done in accordance with Section 414H (2) of the Internal Revenue Code. This article is not applicable to employees hired after January 1, 2013, that are not deemed "classic" members, as a result of the Public Employees' Pension Reform Act of 2013 (PEPRA). ARTICLE 15 - COMPENSATION Salaries shall be increased for every active employee of the Blue and White Unit as follows: 2.5% effective July 8, 2019 Effective the pay period including July 1, 2020, the City shall provide an increase for all salary ranges in effect for unit classifications equal to the increase in the Consumer Price Index (CPI) for All Urban Consumers in the West Region for the 12 months ending in the December preceding the adjustment However, regardless of the CPI, the increase shall not be greater than 2.50 or less than 1%. Effective the pay period including July 1, 2021, the City shall provide an increase for all salary ranges in effect for unit classifications equal to the increase in the Consumer Price Index (CPI) for All Urban Consumers in the West Region for the 12 months ending in the December preceding the adjustment. However, regardless of the CPI, the increase shall not be greater than 2.50 or less than 1%. ARTICLE 16 - STAND-BY PAY The City and the Union agree that when an employee is designated by management to be available to return to work at any time during specific hours outside of normal working hours the employee shall receive fifty dollars ($50) per each eight (8) hours on Controlled stand-by or faction thereof effective July 2020. Such pay shall be in addition to any call- back compensation. To the extent feasible, the parties agree that controlled stand-by shall be assigned on an equitable basis to all eligible employees possessing the requisite skills. Effective January 2021 employees in the following classifications designated by the City to be on standby shall receive $60 per each 8 hours of standby. 1. Police Service Technician 2. Animal Control Officers 3. Code Enforcement Officers 10 11/20/19 CC AGENDA PACKET PG 93 Draft 4. Fire Plans Examiner 5. Fire Prevention/Environmental Officer 6. Hazmat Specialist Controlled Standby Standby time is controlled where the City of Bakersfield requires an employee during a specific time period to be within (45) minutes driving time from the City limits to the work place or location where the employee is to report. The rate of pay for controlled standby time is the ($40) dollars per eight (8) hour shift. An employee on controlled standby time is expected to: A. Be ready to respond immediately to calls for service. B. Be accessible by telephone, pager or City radio. C. Remain a reasonable distance, within (45) minutes driving time from the City. D. Refrain from activities that may impair the ability of the employee to perform the assigned duties. Uncontrolled Standby Uncontrolled standby time is uncontrolled where the employee leaves the workplace and is required merely to inform his/her Supervisor of his/her designee of where/how the employee may be contacted, but the employee's activities are not restricted. 11 11/20/19 CC AGENDA PACKET PG 94 Draft ARTICLE 17 - CALL-BACK Section 1. An employee who is directed to return to work to perform additional services after completion of his regular work period shall be authorized a minimum of two hours of work. Section 2. Any call-back during which the employee performs two or more hours of work shall entitle him to an authorized credit for the number of hours actually worked completed to the nearest one-tenth of an hour (six minutes) . Section 3. In computing work hours during a call-back, employees will be credited up to 30 minutes travel for both reporting and returning home following call-back. The travel time will be included in the two- hour minimum covered in (A) above. Section 4. Any call-back which occurs prior to and which continue through the beginning of the employees regular work period shall not entitle the employee to the two-hour minimum. The call-back shall entitle the employee to an authorized credit of the number of hours actually worked computed to the nearest one-tenth of an hour (six minutes). Section 5. Call-back hours which result in additional hours to the basic work week or work period shall be credited to the employee as compensatory time off or paid, as determined by the department head at the employee's applicable overtime rate. Section 6. The City will discuss appropriate circumstances for phone calls at home with Supervisory personnel. The parties will continue to discuss call-back issues on a department by department basis. ARTICLE 18 - RETIREMENT Section 1. Tier One: For miscellaneous employees hired on or before, December 20, 2008, the City shall maintain a contract with CalPERS for the provision of a 30 @ 60 (highest 12 months) retirement benefit formula. Tier one employees pay .50 of the employee retirement contribution. 12 11/20/19 CC AGENDA PACKET PG 95 Draft Section 2. Tier Two: For "classic" CalPERS members hired on or after December 20, 2008, the City shall maintain a contract with CalPERS for the provision of a 2.70 @ 55 (average of the highest 36 months of service) retirement benefit formula pursuant to CalPERS requirements. At the beginning of the employee's sixth (6t') cumulative year of service the City will pay seven and one-half (7.50) percent of the employee retirement contribution. Concurrently, Tier two employees shall pay .50 of the employee retirement contribution. Section 3. Tier Three: For employees hired on or after January 1, 2013 and classified as "new" members of CalPERS as defined by Public Employees Pension Reform Act (PEPRA), the City shall maintain a contract with CalPERS for the provision of a 20 @ 62 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA, these employees are responsible for paying one-half of the normal cost of this retirement plan. Section 4. These plans include the Military Service Credit option and the Option 2 Death benefit. ARTICLE 19 - PROMOTIONS The City agrees that whenever there are, in the employ of the City, a sufficient number of employees who meet the minimum qualifications for an open position and have performed at the standard level or above, the job examination for that position shall be given on a promotional basis. Effective January 2020, the promotional process will be discussed in a labor management committee. ARTICLE 20 - CITY INSURANCE CONTRIBUTION Medical, Vision and Dental Benefits. The City and employees shall share bi-weekly contributions towards a medical, vision and dental plan for all employees of these Units subject to the following contributions: Fee Dental HMO Dental Fee Dental Dental HMO Fee Health HMO Health HMO Health Fee Health Employee Vision Vision Vision Vision Contribution Employee 800 800 800 800 200 Only Employee 800 800 800 800 200 +l Family 800 800 800 800 200 13 11/20/19 CC AGENDA PACKET PG 96 Draft The City and Union have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insurance coverage's shall take place through the Joint City/Employee Medical Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31st of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual Units. The 800/20% premium split shall remain in effect unless an alternative agreement has been reached. Any changes to the health plans shall follow the existing process noted in this Article, whereby the City will meet with the Insurance Committee. Life Insurance. The City currently provides for Life Insurance of $30,000. Employees have the option of buying additional Life Insurance beyond $30,000 at their expense, subject to carrier conditions. Disability Insurance. Employees in the Blue and White Collar Units may voluntarily participate at their expense, in the long-term disability program currently offered to Supervisory and Management employees. The terms and conditions for this benefit shall be the same as provided for Supervisory and Management employees. ARTICLE 21 - SAFETY Section 1. The City and the Union agree to abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational Safety and Health Act of 1970 and any legislation as may be passed by the State of California to implement that plan. Section 2. The City agrees that any safety courses the employees are required to take will be provided on City time with pay. Section 3. The City agrees to maintain a Safety Program in accordance with and where required by law. Section 4. The Union agrees to support without qualification, the City's Safety Program and will encourage its members to attend safety courses and to obtain First Aid Certificates if required by the City and made available on City time. Section 5. Both the City and the Union recognize the need and will strive to reduce the number of industrial injuries among the employees. Employees are expected to report for work in suitable clothing including appropriate footwear for the type of work to be performed. 14 11/20/19 CC AGENDA PACKET PG 97 Draft Section 6. It is the duty of Management to make every reasonable effort to provide and maintain a safe place of employment. The Union will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their regularly assigned duties to be alert to unsafe practices, equipment and conditions and to report any such unsafe practices or conditions to their immediate supervisors. If such condition cannot be satisfactorily remedied by his/her immediate supervisor, any employee has the right to submit the matter either personally or through the Steward to his/her Department Head or his/her designated representative. Section 7. Classifications, designated by Risk Management or mandated by regulation, shall be provided with hepatitis vaccinations. Section 8. Light Duty. When due to injury or illness, whether or not the injury or illness is work related and the employee is unable to perform his/her usual duties, the employee may work in a light- duty capacity based on the following conditions: A. An employee may work light duty only upon approval of the Department Head upon the recommendation of the appointed City Physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity, nor is a hazard created for other employees. B. Human Resources Division, working with the city departments, will identify potential light duty assignments. The employee may perform a light duty assignment within any City department, as determined by the City. The City will determine the availability and duration of light duty assignments. C. Individuals will not be assigned to light duty if there is a chance that doing so might result in liability against the City, as determined by the City. D. An employee shall accept light duty assignments, if offered, if his/her illness/injury is job related. E. An employee denied a requested light duty assignment will be provided a written explanation, if requested. F. Industrial light duty assignments have precedence over non- industrial assignments. Section 9. Safety Equipment. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equipment whenever 15 11/20/19 CC AGENDA PACKET PG 98 Draft such equipment has been required by the City as necessary on the job. Such equipment shall include, but not be limited to, safety shoes, safety glasses, helmets, gloves, boots, life jackets and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures and limitations and exclusions. Section 10. Safety Committee. The Union will be allowed to appoint one member from each bargaining unit to serve on the City's Safety Committee. ARTICLE 22 - TRAINING The City and Union recognize that the training programs and the advancement of employees to positions of higher skills are matters of great importance and interest to the City, the Union and the employees covered by this Agreement. The City and Union agree that all costs and time for training or instruction required by the City shall be paid by the City; however, the City shall retain the right to determine what training is required for the employee to improve his/her performance on the job and to make such training a condition of employment. Whenever possible and practical, the City will rotate the scheduling of employees into training programs in order to assure employees an equal opportunity in advancing to higher classifications. ARTICLE 23 - PREMIUM COMPENSATION The City and the Union agree that it is the intent of Departmental Management, whenever possible, to avoid working an employee out -of - classification for a prolonged period of time. Section 1. Acting Appointment- The City and the Union agree that Department Heads, with the approval of the City Manager, may assign the full range of duties and responsibilities of a vacant position to a qualified regular employee for a period of time not to exceed six months. Such appointment in excess of six months may be made with the approval of the appropriate civil service board. The compensation for the action appointment shall be within the salary range of the class so assigned with a minimum of 50. Section 2. Temporary Assignment- The City and the Union agree that assigning an employee to perform the duties of a higher class will occur only to meet work requirements within the City. When performing duties assigned by the Supervisor, for the majority of the scheduled shift, the employee shall be compensated for the full work day at base rate. All premium pay practices will conform with PERS rules. 16 11/20/19 CC AGENDA PACKET PG 99 Draft The following table outlines the premium rate per grade temporarily assigned above permanent assignment. If percentage difference between classifications is: Range (o) Premium rate (o) 6 -19 5 20-29 10 30-39 17 40-49 25 50-59 34 60-69 43 The range percentage is the difference between an employee's regular grade at step 1 compared to the higher grade at step 1. Department Head approval will be required if range percentage is 70% and above. The premium rate column is equivalent to an employee at step 4 of their current grade receiving step 2 of the higher grade. Section 3. The City and the Union agree that when an employee is assigned as follows, they shall receive a five percent (50) increase during the period of such lead assignment: A. When any Blue Collar or White Collar employee is assigned responsibility over any work release or community service workers. B. When any White or Blue Collar employee is assigned lead worker responsibility over a crew of three (3) or more temporary, extra help or full-time employees and whose job description does not include lead responsibilities. A crew of three (3) means, a crew of three (3) including the lead worker. C. Unless a supervisor is present, a lead employee is to be designated and paid lead assignment pay for the night sweeper crew. D. Except in emergency situations, the City will continue the current practice of assigning work release or community service workers to employees who have voluntarily accepted the responsibility and completed any required training. E. When Service Maintenance Workers in the Sewer Division are assigned lead responsibility on a two -person truck, they will be considered as working at the Sewer Maintenance II level and paid out -of - classification assignment. 17 11/20/19 CC AGENDA PACKET PG 100 Draft ARTICLE 24 - HOLIDAYS Section 1. All eligible employees in the Blue and White Collar Units shall observe the following eight-hour holidays with pay: Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day New Year's Day Three Floating Holidays, as provided below. Employees shall also receive every day designated by the City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays. Section 2. Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday, the previous Friday shall be observed as a holiday. Section 3. Employees assigned to seven-day per week shift schedules shall observe the actual, not the observed holiday. Those days are Independence Day, Veterans Day, Christmas Day and New Years Day. Section 4. Floating Holidays - Each employee in the Blue and White Collar Unit, who is employed by the City when a floating holiday is credited, shall be eligible for that floating holiday. Floating holiday(s) must have prior departmental approval and shall be consistent with the efficient operation of the affected department and its activities. A. Floating holidays shall be utilized as follows on years that Christmas and New Years fall on: 1. Saturday, Sunday, or Monday, three floating holidays will be credited to employees. 2. Tuesday, Wednesday, or Friday, Christmas and New Years Eve will be observed as full day holidays and one floating holiday will be credited each employee. 3. 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CO 1p P V co m V Lr O) �- O a) a) V CO V N M N Cf Cn c) Lf) v (o c ca N d4 N d oo oo Lo a CD N C14 NIN C, Y � LU W W U H } z L: w U 73; a o D LU D_ > W W 0 0 O O Lf) M M O N N 111 N a) CO r ai c V (O 00 (C O O) a O O r d V d3 N d 42 � o a O O a M N V N (CCO C( M O O d CO d�, N d LO r N a r a r O V M co C O O M d M d3 N d N C7 m 00 m a r O N r e- a) 6 (o 0 V coed M d> N d CO d (O O C O M O c N N �-O O r, O O m (ri co C M d3 N d IO co aC CO O Lo c co N - P _ r Cn W 1:g�jz g w a cn w w 0 0 U U O O O O W W LO o LO N O O N N 20/19 co M C O) O) Lf N d M N LO O 00 N d a Lr r, Oa PZ r, c N d Lf V r r m a CR (O N d C C CO C` Vr O (` vc N d LO a O C 1 04 z a _U Z U LU H J U H U W J W O M V CC, N_ C O N r- (D Lr) N V M (f r- ccN c co CO r a CO d) M d M c O V c m0o(or N CO CO Cr V N LO Lf) a CO d� M d N ONO O a co N r - M C) Lf LO M r a O M M Cf CO 60 M d a O 1p LO N O V Lf M CO r - O—(r m m N Lf N d3 CO d O N C Lo m O LO .- M C r- 00 CO C r V O (r N Ea CO d M 00 � a N N co a z a U_ Z U LU H J _ U LU U z LU C� J Z W W 0 oN � N 4GEND, � V a) (f) O CO N 00oc) co N V CO Co. V (D P_ CO N 1- .- M V V d) N d) N co N a) lO co M LO LO CA N O) V WCO O) CO W r- O LO L O r- O M CO V d) N 163 N r- O m (� 117 C`) N CO ccoo W r O V O CO CO O M N CO d3 d) N O CO m o co - LO a) O O V O N O CO CO a) co CO 61311— SSIN m m N N N a) V N CO M LO M N O O a) N N00 O O Lo co Ci o M to — bs I N tco oo NIo 004 Io 0 0 Q Q C� C7 Z Z LU w w W W W z_ z_ z_ C7 C� C7 Z Z Z LU W w (o 0 o_ N LO 117 N N N N 4 PACKET PG 103 a a a a a a a a a a a a a a a a a a a a a a O O M O Nr- a a) O N Lo r N 00 ocO < V M U) r` C U3 M 63 — b V (D C (comO�< a) lf) V M a �- a) N a V N m I-- r b3 CO cq .- b O (o O co U) r < N W - O cc r cc (oMcoa co C) m c4 cl b3 co b3 - b O N C In[- Oma co O V O < V N to N O ccN O U) cc MO U) lf) C' d3 IN 63 - d � to � O M O M N N rl- N N O cc v 00 cli` Lf co I- V V 0 b3 1 N d3 b 00 lO 00 O a oN N oN O C` u Of LU H Y z O Of LU � LU z J z Q W LL O O 1- O N LO LO M N �2 (D C co Lo V V a O a) 6 co V a) Icz N d3 N b � O � O N O lf) CL oornvr N M r- 7 N d3 I N b mV C? N a !;2 V U O CO LfC co cc N d3 N b (fl "- Lf O v v a m 00 1p lO O C O co V N b3 N b V (0 r- a V co co n O mvl�< iMCiC "z ca N b IO 0OIO a 1- O a) C O N r- n O O a a LU LU c� c� z z Q Q U U z_ z_ LL LL O O 00 O O �- O CO N N r 0.) M 00 a N V co O a O W V N m a N co V V co, a N ca N ca I M d to N N a V m (fl co V a I'- co a) M a O(oNol�r O co M V to a N 63 1 N b3 I co d CD 0 N O O O o MN (D V to C I'- (D r: V (D a M cl:DMC O M N M co a � 6SIN b3 I co b Ma) 7 O V N �_ a) a 1- (fl N a (D 00 (c (c N r O co <- M co U 63 N 63 CO d O V 00 m U) 1p < V co O U) O < M vm� ai co -CD' co u ca N d3 M d IoCD CD c NICD NIco cq a w w U U Q a a a co co 0 0 W W Of W W O O to O N N (0 CO N N N O to a (4 O O cl N U) (D d co 6SIN (f 1;T cl 0) V N r N O r N V N c OD M V d O U) LO d M d3 N (f M C O O P O M r M OD 6 M O N O LO V d N b3 N U 00 W � n O r- O a - M (D 0 O cc O 6 r� V CO C N (13 N Of N L) 00 C) (D (4 a) r � O (D c U) (c O IX (over N b3 N (f Oa)Oa U) O c N N cl 0-1 LL LL O z O > z LU Z C) O Z z z a= LULU U > w a � W W W J LL LL O O r- co V co � N 11 M O cl M a N Lf M d o � LO r.- C r— C O U M d C a a) < M C O Lf N d C a N OC` O a � u N b a O C rn cc a (4 u N d Ln a N C U z a U LU 2 H W W J LL O a) N V O� � (3 U) (6 a) a (O oc (O r M m .- C � M d3 N d co C, co M co r N m N 6 O O a � O m l!) U) U .- lO O C M 6SIN b to a O a) a U.) V U) a 00 N a) C O O (fl r 00 U) 00 C N d3 — d � N a VN co U OooOa In r- 0D C I,- vrl- c+ N 69 — b IO 000IO a (o O U) C N N O r U I3: Q LU U U LU U) W W LU LU J J LL LL O O O (4 M O V V VM (c O co M M < O a) M co a MU) M M M N (4 oc O < V V M U) M N 613 M b3 N d (fl M OC a) co U) O C co � U) U) O U �- O O U) 00 C co N U) N C N b3 M (f3 N d O U N O 11) C I-- V V O U) co N N O cl O ocU) clr N CO O U) C IN ca M H3 N d ���°b3 �a O M N O O N V r- M oo a O (c O O O U e- M O U) O C • N 63 N N d N 0) O ce) CD 00 � < CD (o r— (o � O M r- V 01 C IN 613 1 N b3 — b OaooO000Oa O O a) O I- C O N N N O C W > a z W U) LULU LU O Of 3: CO LU U > Of Of W U) Q z W a W J D LL O O 117 O V c) O � N N 11/ I (c) I V V 01— U U) O I lO r Oa1 ll) ll U) (c C a) (4 O U 1 M b3 N b lO Lf U) Lf lOM U) C Lo lf) U) U - O —. C O LO O Lf T N 69 1 N d 04 O a (fl O V r (O (4 V IX Oovlr V (4 (D 1 M b3 N d M W N Ll a) O 7 00 (4 00 (c N P- — r M U) Lo 1 M b3 (14 d 7 V � � O - N a r_ O O u i r U) co 1 M d3 1 N d Oc LO oo M a N O a) C I CO N - r H J W a LU a J 0 a a LU Of W W a d < O � a O O p w N Q 2 2 O O M N N N r M N � 20119, N U N a I O 11 • O < CO N d c M a I a) C I � c W a LU H a a O 0- 5 5 O LU > a W O V N M :C, M Cc V M V C 4 a) V a 'IT lnvlr 'I(D "TI(4 > N d) N d 7 O CS ' OV O � W O 'c CS - M 2 C LO �T LO 1 N 61) N d 7 N �N a N a) N a O l OO l r _ (n O M V M > N b3 N d O c M a) M a a) O 'c C I r N - C z J U) U Y U a LU a a � O z d z O w a a LU LU LU w a a W W O O M 0- N N M M 4GEND, r l!) co U) U) l!) U)M M co 0 m Lr N O U) r U) N Ef) M b3 co � v I-- V a) O co I� - O co I-- V C) U) lf) N b3 co b3 co co U) LO O co V O r` V a) (4 N I -- U) O O I -- (D V a) U) co N b3 N ff> M r a)cO O co CO r r M U) � r N V V N � N 63 N N d3 co O o N N NN U') .- r O l!) a) U) co O - N Lr CO co VO V O N b3 N 63 co i M ai In ai N O co 0 00 H W — LU — — H � J J z z a a a O U (n LULU a O O O w w LU Of 0� } z z W D D O O O O O N CD OO M � N � N N 4 PACKET PG 104 Q iQ iQ iQ is iQ is iQ is iQ is iQ iQ iQ is iQ is iQ is is is is o m � � W V r a) r C, U) CO N V IM - CO C (fl co 11-0 U to N d) co d V O O r O N O C v0)OMa 00 CrM C CO N co O U G91N EaIN d co o a C9 C?oa v)Ovor o r r- rn a M CO I -- co W CD V (fl N Lf CO O V Co a r- 00 00 r- C Cf) (I) l0 U) a CO O CO CO d3 1 N 63 1 N d CA V M CO o m cy) a M CO V N C V)O M Co d3 �2 b) 1 N d co l0 00010_ a ON O ON N C` U) w LU LU U � Q 0 O Q LU il� 0� Z Q � 0 0 Z 2 O O v U) V co Co V N IN N 7 O M C to m N C N U) V C` - M O C V V cz N d) N d CO C, M O O C (0 O M 6 M V (O M co IN d) I N d co a N r*-: r C V N r- C O LO .- C, W Cl CO 0 N M N C N d3 I N d m �. co O O CO r 7 �- Co V C CO - C N b3 N d U) 7 CV co C, co V N r I- co N Cf ID U) U7 Cf O co O C N GSIN d (n 00 v a O O CY) C O N 1 O C, < Q Zw LU a W 0 U) LU W J � Q = LU J J o O rn co CO M N •- V M V co co U N co N m O O V N V N N O O M O M C V V V V O U N CaIN b3 I N d N N I O O O O 7 CO O M O M r to ;- O IX CO V M V 00 7 N d) N EA N d I- M � M M C I- O r O N U m N (fl N cO a N CO N CO to N 63 N d) N d P, r- V r- V M a � co V m N C .- CO <- M M N GS N bi N d Co N (fl N V a N r N r m U N Cf7 N U) O O U) CO U) U) N O CO O CO V N d3 N 63 N d O O_ C m O co m O O C O N O N N C, Cn CO W Of Of d � Of O d d W O O w w O a a w LU0 L U H _ = Z � � Q J J 2 O O O o r O �- N M M � (Ad L o r O U) r- V O r- M C U) V (A Cf Cf M d300 M d iM `- r- C(O c- O r O N V C, O U) O Cf cl) d3 CO d co C oC?u is m CA V C O U) to C, (4 cli M C m V 00 Cf IN b3 N d In a a) a v Q V N O IX N I,-- U) r r V r- d N (H N d m m U) a N O co C N N N P H U) a. J Q Y U 0-1 d O Cn LL Q z 0-1 w U > W w Q z Z W w z Y z Q Q O o N N O V C(') N M LO LO a O a a) � N d C (4 a C r- a m u N d o a U) v � LO N d a N C` a) M C N C` V U N d r C` 00 00 c O C M � N d C CD a O a Of O H LU 0- u O Of LU 0 - LU LU U) O O 2 0 r - N M U') a N M O a COvrnr V M Cf) c O (D c; U CO Ga M d N I I;z 117 U?M r V O O (fl CI7 O r I- to O U CO b3 M d 1 U) M M C r- CTO O O Cf W N (fl 0 U) (D 00 c M b) I N d o CD a v r- V CO r- c M d) N d N � ,O a O (A O r- N M O N M LO CO CA N d Oaoorna U) O N C M N N C' Of Of LU O Z ~ C� Q Z Cn 0 LU Of 0 O LU O a U U p U z JOf LU 06 Cn a a o_ _o M (D M N - rn v a o� (O ) a) C6 IXa �- CO a� N r; N V co O a) (4 P- O N CO CO CO N ca N ER N d to U) co M C V m N O O C, I'- co O (4 OV O (fl U) U) a) a O co O co N r N EaIN GSIN d O (C-) co N r• C r- (0 O a rnv(4vr-r O co m m r .- 6sl- d) N d M O c ovoco�a r CO U) a) O (� a) CO CO a O N (4 N to U d) - d) N d cooNo"ta co U') It r .- CnOoom �- - CO O CO C6 co- '- co I�- Ca e- b:.- d m00000000a V O m O r- C O N O N O C, Z Q U_ Z 2 � LU U J Q U LU z 0 - LU w U) w Of Q U z oz = > w W Z H U o J Z J Y f-- of Q Q Q a a a Of Of O O O CO m C) M O N V N N N N 11/ o a oo,a U) CY) CO O (T a) O a LO(4)Oa OD (4 o a 1 M d3 I M d N 0� N a I V oo V a 'IT (o'IT a r- M r- r (o Ua cO a M d3 M d 7 O N O O Cfl O (D C (O (4 (D a C' O O C V (4 V a 1 M fR co d M W 00 a 0o a 00 (4 00 a N r- N r i c) u) m a M EA M d 7 V � (D (T r O ' O V O � M 6G M d OC U) a) CO a N O N C I CO N CO 0 U U W W a 0- U) J J Q Q U z Z LU U LU LU Of Q� 0� LU LU U U W W U U a Q a a O O N CO O O r- N N N 20119, 1 O M � O c N C M a N U co d 1 � I � � O U M b I C a i a) a 1 M C 0') U � N b a N O I N C CT a r - N b O C N c O C U) a (fl � � N b c U) a V C I N C` 73 X LU U Z LU Of O LL Of LU H a O U W U J O 0 - CD O O V 1('4 :C, V O I rn v o (fl CO c O e- U) � M V U) T N Va N d O C co O co co (0 co O N U) a) C CO O N C` N CO V > I N d) I N d � M � N 00 V a i'IT � - C - M M > N d3 N d e-- V M C, oo (3) a) a O 00 N r- CO O a oCO04Cr 1 N 61) N d (DM O C > - d) N d O c CO a) O a I- O O C I O N C` LU w U U a 0 - LD Cn _L 0 0 W W U U O O a 0- c:) o O r a) M M (D CO N N 4GEND, 7 O (A 0 N O N co N O N O r- '_ M CO M (cLO N U) N U) V co b) co b3 N 7 V V CO V U) CO I-- co r- m M I_ r- M r- M � O U) O U) co co b) co d3 N 7 O O 119 e- W W co a) m M O M O N EA N N N I a) a) (A N rn N O �- N co N m co CA N M a) N i t V r V •- N Cq N 63 N I O c c rn 0 rn 0 O N N CD CO O 7 l!) CO U) CO N CO V Co V O N EaIN bs I N ) coU) a) UN 7 V O V O O I N N N N O d � H LU z Z_ LU d z W O g � w U Z 06 z Of = a � W Z W ~ w O 00 J J af d W W W U U U O O O a a 0 - CD O O O O O C!) N co co r r � N N N 4 PACKET PG 105 a a a a a a a a a a a a a a a a a a a a a a O O O rn Cn o r co a Lf) r- I- Lf N O V C r N CO Oo O a) o r -Cf ) o Lf Lf) U.) co (A a O co ocN a V to N N C (fl1- 6s 1 N d Cf) r 7 N O V O Cf V co m co C or-rnMa o Cf) (0 N a M Lt2 N �- C d). �- 69 N d CA O U - O (D� N a O r- - (A Co M r - C 0 o Lf) N Lf co V N O C d3 "6s 1 N d N c0 (f .- O r- r a V r- o Cf) r O N V Uf) C Lf) . V N C MN (A C 2. - d3 .2 to a) Cf) a) 0 a 000 O CO C N O N O c z U) a U Q z 2 LU W d LU Cf) N O o N N � C,4 a I-- m r, IX co co Lf OA Lf) .- O Cf) O a o Cf) O 00 O - a O r- co C, V N N a O Cf) o a M d) co d O Lf U? c, V O r o N 0? O V C o Cf) CO a N d3 M d co rn o a V N r C O o r Lf) r- CO C r v v a IN 61) 1 co d N Lf Cf) O C oCf) N C, N Lf) O r CO V co Lf IN Cf) M d I(n000a M O CO C N N M C, z z LU w a a LU w a a LU LU Q Q 0-1 0� CD CD 0 O 0 co to CD No m a co 00 (f) O 00 a o v m or V O M rn r. r mvoov r N ca N dq N d O `- 00 m o r o V O N ocV r, r if N co r V O C N ds N d3 N d v In r co O r, LOV Lf co o o co oc N (cLr r - M o V m C N d3 N d) .- d N oC O M - V CO O O a c O co V V o C N 69 1 N 69 .- d m co C m coN r- � N a CC) N N C N M r, .- (7� � ()i MC) V r- C EGIN cG - d o NI- Nlo a t O Q ~ z U F) a Of U OLU U U O O Q a LU w LU LU CMO 0 N N o d - rnce) r ce M V Lf) C 0, V ri v co d IN SSIN d O C!) d O N o r O Lf) O OD O M r N M d N d) N d C, O o a Cf) V N �• M CO d N d3 I N d O C � o � O V M a o co (n CO Ln C . () O CO N r IN Cq N d m a V o M Lf 0) CO O o v (n r Oi ri N .= r OaooCDa I- O V C O N O C, � a LU 0-1 O U Z LU w U) U) m CD N N r. a M � rn M � N d C` � C o c o O N C N d Lf � C Q r, r C N d C V a ai a o Lf O C N d O V a o � ()i C � d c O C O C` Y Of LU J U U 0 Of O U LU Of LU U J O 0 - Of Of O Z LU U) O (D V o N r� O 6 I- Cf) O c co M N a mLr oa MriLf M 69 M d � o c 00 O U) V N N Cf O Uf) N Lf M 69 1 M d O a v O o r (A O o C co Cf) O If N 6SICO d (:� r, O V N O 0')00 N a LO P- N C r- V CT Lf N 6S 1 N d O o r- LC) M c c0Cf) N Cl ("i Lf) o a (ovr N 69 1 N d )naooLoa CO O (O C N N N Cl a LU O z � J z a LU co z LU LU d � Of LU U LU Q � O O Z Z LU w U) Cn CO U) LO V C!) � N V C 000(Doa N V O a) O o r- CO M r- a CO (ri v I- N d3 N 63 N d N CD 14 M M O M a N O O o 00 a O o O r r IX l!) lf) �- � V tl O CO V V to N d) N d) N d U) M o O a I- O m r, Cf) C o V M G N C O CO N M Cf) .- d) N d) N d to LO 11 o 00 N V r• C Cf) o N (r co c CO CO CO CO - a CO N c0 r, O o M d) N N d m co N C 00 O V Cf co Ct) co m c0Cf O co N O r- a CO O CO (c c0 O r- r) C) co N C Eq N d0 N d 0000r -0000a LO O CT O V C O N O N Cl LU Y Of O LU U z a w w z z z LU z H z z LU 7 LU U w w LU w w co Cn (n r- 't � 11/ o O O i o N c N M N C, r.-. o Co. C (v(f 1 N d3 I co d 7 N � O NM 0 C CO co a V V M C U') V O Lf N d3 N d 00 Cc o O a r N O r NOcy N O a V V 61 N d) N N d o O C • O O Cf) a co V CO N d) N d ) O N a d) - O a CT a) N C i ri LO N d3 1 N d LO a) O a r O C I � N N c O LU 0- 0 O H z LU - 73 w a_ w � U O LU } LU a a LU > 0 O O M 00 M Lf) r N 20119, O rn c I O a 04 a) a i c) u M d M C a a I N C! N Cf M d I(f M C1 o r r -- (c! o C O Lf M d O O Q N N C c I CT C1 N d oCY) r N C` 00 a r, N d C LO a (O C I N C` LL LU_ 2 U } H a a LU (n O O M LO N :C, r- Lf irnrn (r I N Lf) N C N O o M N V a i(0(flaia T M d) M d M N a CO CO r m m O M (� o if > co d3 I co d c o U) C _ rC (n (� r a) N Lf) LO a > M Eco.) Mu Lf Wco M O . M O Cf) V Lf 1 M d3 co d M c Cf) N r I o O O O CMO V a (Y) Cf) N Cf T1(14 d3 1 M d O LO O I M M c cf) U) Q Q z z a a cl) U) U U LU w H H 04 O O IMR,1 4GEND, 1 r --a) N m Cf) I-- co O M co Cf) o N o I o N o � (A i r- (4 c6 r- � I CO (nco(Dr o Cf) O M M V o O CO P- CO 1 CD CO V r` CO co (s) V d3 N I r- M o — m r, iV)�CD �ai� I O Lf) 11) M CO 1 r- CO N r` CD co 613 V d) N Cf) co r- O) U) a) co (A Cf) o a) 00 r` N • V � o 1 r N V O �- CO CO O r V co d3 d3 N r- U) (4 Cf) 1 r- r- mM CA I N CO U) a) CA LO (c O 1 Cf) 00 COM co d) M 60D.N O r- CCA C2 I co M N � 0 (D U z z w LU w H (1) U) U U U LU w w H H H N �- LO LO LO N N N 4 PACKET PG 106 a N_ V co � r o I- u) co a L!) M M co N O lf) CO V - ca V u Efl F!7 M N H co 0"0 Lo cS a) oo O V a SCD[- n2 O V N C VO Ln M c Efl co 63 N d f- O a co m U') N a co V O f- c O Cfl N co cl M m O 0 a 00 LO N C EF) 1 N 69 1 N H O � r- a — V N O C O O00 N I M � O CS I- V e- C (f) N 6s N H O Ocl N V I- O Ln co c O WLO N r O N LrO M Cfl V O C Efl N H3 1 N H N a co m a) c N N OO cl = w U � LU z H Q � 2 ULU ) LU LU 0� N O r � Ln V N � Ia N cl r I- m co a N V co I- oc CO CO Lf) V � CO Ef! 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AMENDMENT NO. 25 TO RESOLUTION NO. 44-93 SETTING SALARIES AND RELATED BENEFITS FOR THE TEMPORARY UNIT WHEREAS, Resolution No 44-93 sets salaries and related benefits for employees of the Temporary Unit; and WHEREAS, the City desires to make amendment thereof; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, a portion of the Salary Schedule, a part of Resolution No. 44-93, is hereby amended as follows: 1. Resolution No. 44-93 is hereby amended by revising the salaries of the class titles in the Temporary Unit as listed on the attached salary schedule. .0. 1 11/20/19 CC AGENDA PACKET PG 108 I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: IN JULIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VIRGINIA A. 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TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Manager DAT E: 10/9/2019 WARD: SUBJECT: Resolution adopting a Recruitment and Retention Incentive for Incumbents of the Police Trainee position for the Bakersfield Police Department. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In 2014 the International Association of Chiefs of Police (" IAC P") noted in their report on the Bakersfield Police Department ("BPD") that, "The HR Department's recruitment efforts successfully attract a large response for each announcement." The report further noted, historical candidate pools could produce up to 1,200 applicants for consideration. Despite having large candidate pools interested in joining the BPD there are continuous efforts to monitor trends, not only maintaining BPD as an employer -of -choice, but providing the best candidate pools to join our workforce as law enforcement. From 2015 to current, the average candidate pool is 889. Bakersfield is not alone in these challenging recruitment efforts. The overall competition for attracting, hiring and retaining Police Officers is at an unprecedented level of difficulty. Countless resources and articles have been published on the topic of how hiring practices will need to adapt to meet policing hiring demands in the 21 st Century. A current trend is to implement hiring incentives. Below is a sample of some recruitment incentives currently advertised: • Seattle Police Department (SPD) bonuses of up to $7,500 for new recruits. Goal for SPD is to hire 104 new recruits. • Palo Alto Police Department bonuses of up to $25,000 • San Diego Police Department provides a $15,000 incentive • City of Monterey, CA provides a $20,000 incentive • City of Santa Cruz, CA provides a $20,000 incentive 11/20/19 CC AGENDA PACKET PG 114 • City of Capitola, CA provides a $10,000 incentive • City of Seaside, CA is considering a $30,000 incentive This action, if approved, would provide up to $3,000 for Police Trainee positons who complete the BPD academy and up to one year of service. Recent feedback from new graduates indicate funds will help offset initial equipment and uniform expenses upon appointment. Under the Public Safety & Vital Services (PSVS) measure BPD has a hiring goal of 100 new Police Officers over the next three years. Adding a hiring and retention incentive will aid in supporting and accomplishing this goal. ATTACHMENTS: Description Type ❑ Recruitment Incentive Resolution Resolution 1112 0/19 CC AGENDA PACKET PG 115 RESOLUTION NO. A RESOLUTION ADOPTING A RECRUITMENT AND RETENTION INCENTIVE FOR INCUMBENTS OF THE POLICE TRAINEE POSITION FOR THE BAKERSFIELD POLICE DEPARTEMNT WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for officers and employees of the City; and WHEREAS, the Public Safety & Vital Services (PSVS) measure has provided the need to support the community with hiring additional Police Officers; and WHEREAS, the competition for attracting, hiring and retaining Police Officers is a unprecedented level of difficulty; and WHEREAS, many competing agencies have implemented bonus or incentive programs to entice recruitment and retention efforts. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. Beginning December 1, 2019, a Recruitment and Retention Incentive will be provided to Police Trainees of the Bakersfield Police Department Police Academy in amount not to exceed $3,000.00 per trainee. 3. The incentive will be deemed applicable to incumbents at the discretion of the Chief of Police, or his designee, and be made known at commencement of each recruitment process by Human Resources. 4. If granted, the incentive will be made payable in two installments of $1,500.00; payable at acceptance of a job offer for permanent appointment to a Police Officer position and within the first year of service as a Police Officer with the Bakersfield Police Department. 5. Separation of employment for any reason during the established timeframes makes the incentive null and void. 11/20/19 CC AGENDA PACKET PG 116 6. A one-time payment of $1,500.00 will be paid to Police Trainees hired in 2018 who remain employed and the full $3,000.00 will be made available, as described above, to all Police Trainees hired in 2019 who remain employed. -0000000-------- 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 JULIE DRIMAKIS 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: VIRGINIA A. GENNARO City Attorney RI/vlg Attachments S:\COUNCIL\Resos\19-20\PD Recruit Incentive RESO.final.doc 11/20/19 CC AGENDA PACKET PG 117 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 10/31/2019 WARD: Ward(s) 1, 2, 7 SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-114 (9801 Compagnoni Street) — Ward 7 2. Area 4-203 (314 H Street) — Ward 2 3. Area 5-101 (Tract 7322 — Berkshire Road approximately 1000' east of South H Street) — Ward 7 4. Area 5-102 (4915 South H Street) — Ward 7 5. Area 5-103 (52 Planz Road) — Ward 1 STAFF RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On October 23, 2019 the Council adopted Resolutions of Intention No. 2023, 2024, 2025, 2026, and 2027 respectively, to add the above territories to 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 parks and/or street landscaping. For an area where a park has been constructed and/or street landscaping has already been installed, the area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels during the next Annual Update to the consolidated maintenance district. For an area where a park and/or street landscaping has not been installed, the area will be assigned appropriate tier levels when improvements are constructed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the 11/20/19 CC AGENDA PACKET PG 118 subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded for each territory with the Kern County Assessor -Recorder's Office upon approval of these Resolutions. ATTACHMENTS: Description ❑ Resolution adding Area 3-114 to the CMD ❑ MD 3-114 Exhibit 1 ❑ MD 3-114 ExhibitA ❑ MD 3-114 Exhibit B ❑ MD 3-114 Exhibit C ❑ MD 3-114 Exhibit D ❑ MD 3-114 Exhibit E ❑ MD 3-114 Exhibit F ❑ Resolution adding Area 4-203 to the CMD ❑ MD 4-203 Exhibit 1 ❑ MD 4-203 ExhibitA ❑ MD 4-203 Exhibit B ❑ MD 4-203 Exhibit C ❑ MD 4-203 Exhibit D ❑ MD 4-203 Exhibit E ❑ MD 4-203 Exhibit F ❑ Resolution adding Area 5-101 to the CMD ❑ MD 5-101 Exhibit 1 ❑ MD 5-101 ExhibitA ❑ MD 5-101 Exhibit B ❑ MD 5-101 Exhibit C ❑ MD 5-101 Exhibit D ❑ MD 5-101 Exhibit E ❑ MD 5-101 Exhibit F ❑ Resolution adding Area 5-102 to the CMD ❑ MD 5-102 Exhibit 1 ❑ MD 5-102 ExhibitA ❑ MD 5-102 Exhibit B ❑ MD 5-102 Exhibit C ❑ MD 5-102 Exhibit D ❑ MD 5-102 Exhibit E ❑ MD 5-102 Exhibit F ❑ Resolution adding Area 5-103 to the CMD ❑ MD 5-103 Exhibit 1 ❑ MD 5-103 ExhibitA Type Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Resolution Exhibit Exhibit 11/20/19 CC AGENDA PACKET PG 119 D MD 5-103 Exhibit B Exhibit D MD 5-103 Exhibit C Exhibit ❑ MD 5-103 Exhibit D Exhibit ❑ MD 5-103 Exhibit E Exhibit ❑ MD 5-103 Exhibit F Exhibit 11/20/19 CC AGENDA PACKET PG 120 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 3-114 (9801 COMPAGNONI STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 3-114, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2023 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 3-114, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-114 (9801 Compagnoni Street), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-1 14\Res Estab.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 121 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 3-114 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2019-2020 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-1 14\Res Estab.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 122 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Format ion Documents\Area 3\MD 3-1 14\Res Estab.docx Page 3 of 3 11/20/19 CC AGENDA PACKET PG 123 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-114 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 9801 Compagnoni Street and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-114\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 124 Index. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works 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 2019-2020 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-114\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 125 LEGAL DESCRIPTION Area 3-114 An area located in Section 1, Township 31, Range 27 M.D.B. & M., more particularly described as follows: 9801 Compagnoni St. Bakersfield California Containing: 1.32 Acres, more or less. i *AV :ii:1111r_A 11/20/19 CC AGENDA PACKET PG 126 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 3-114) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ---------- -------- Twr-w--------------------------------- TWT ---- --- TAFT W. MD 3-114 3Jg /l NOT TO SCALE EXHIBIT "Bn 11/20/19 CC AGENDA PACKET PG 127 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/20/19 CC AGENDA PACKET PG 128 MAINTENANCE DISTRICT AREA 3-114 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 129 MAINTENANCE DISTRICT AREA 3-114 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Assessor's Tax No. Total amount to be collected for FY (2019-2020) 184-160-38-00-9 $0.00 Total $0.00 I*:/:I11.3111i4 11/20/19 CC AGENDA PACKET PG 130 MD 3-114 EXHIBIT F Inclusion of a Subdivision into the Consolidated Maintenance District Lakhwinder Singh Turna 92808 Rockhampton Dr Bakersfield CA 93313 760-333-3351 City of Bakersfield - Public Works Department Attn: Jim Schroeter 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Schroeter: RE: Inclusion of Site Plan Review #18-0498 a Consolidated Maintenance District (CMD) ATN: 184-160-38-00-9 We, the undersigned, as owners of the property included within SPR 18-0498, hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 910 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. R spectfulfy, Lakwinder ingh Turna Owner 11/20/19 CC AGENDA PACKET PG 131 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4-203 (314 H STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-203, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2024 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-203, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-203 (314 H Street), to the SAPROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-203\RES EST.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 132 Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4-203 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit 'E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2019-2020 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. SAPROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-203\RES EST.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 133 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-203\RES EST.docx Page 3 of 3 11/20/19 CC AGENDA PACKET PG 134 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-203 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 314 H 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 4-203\PW DIRECTOR'S REPORT.dou EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 135 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 2019-2020 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 4-203\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 136 LEGAL DESCRIPTION Area 4-203 An area located in Section 31, Township 29, Range 28 M.D.B. & M., more particularly described as follows: CUP 18-0155 314 H Street Bakersfield California Containing: 0.19 Acres, more or less. i*A:ii:1111r_1 11/20/19 CC AGENDA PACKET PG 137 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-203) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA PALM S. 4m ST. cs BUENA VISTA ST. MD 4-203 x 3FD 5T. NOT TO SCALE EXHIBIT "B" 11/20/19 CC AGENDA PACKET PG 138 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier] x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/20/19 CC AGENDA PACKET PG 139 MAINTENANCE DISTRICT AREA 4-203 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 140 MAINTENANCE DISTRICT AREA 4-203 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Assessor's Tax No. Total amount to be collected for FY (2019-2020) 010-140-22-00-8 $0.00 Total $0.00 I*:/:I11.3111i4 11/20/19 CC AGENDA PACKET PG 141 Inclusion of a Subdivision Into the Consolidated Maintenance District 2120119 Joseph A. Leon The delToro-Diaz Family Trust Tomas & Christina delToro-Diaz, Trustees City.of Bakersfield Public Works Department Attn: Daniel Padilla 1500 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of CUP No. 18-0155/APN 010-140-22-00-8 in. a Consolidated Maintenance District. (CMD) We, the undersigned, as owners of the property included within of CUP No. 18- 0155/APN 010-140-22-00-8 hereby request that the property .be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13,04.021. Enclosed. is a check for $871 as required by the. City to cover the costs of this inclusion into the. CMD. If requested, our engineer will supply you with a computer disk.copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing. will be held. for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the. applicable law. We further understand that. the hearing is scheduled for , 20 at 5:15 in the Council Chambers located at 1541 Truxtun .Ave., Bakersfield, CA 9330. We .hereby waive our right to further notice. of that hearing. Respectfully; Joseph A. Leon & The delToro-Diaz Family Trust MIS A-2n� FXHIRIT F 11/20/19 CC AGENDA PACKET PG 142 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-101 (TRACT 7322 - BERKSHIRE ROAD APPROXIMATELY 1000' EAST OF SOUTH H STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 5-101, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2025 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-101, as shown and designated on that certain map entitled "Map SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-101\RES EST.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 143 and Assessment Diagram for Addition of Territory, Area 5-101 (Tract 7322), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 5-101 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit 'E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2019-2020 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-101\RES EST.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 144 each year at the time the budget and assessment is approved for the year in question. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-101\RES EST.docx Page 3 of 3 11/20/19 CC AGENDA PACKET PG 145 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-101 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as Tract 7322 - Berkshire Road approximately 1000' east of South H 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 SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-101\PW DIRECTOR'S REPORT.dou EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 146 Index. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works 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 2019-2020 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-101\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 147 LEGAL DESCRIPTION Area 5-101 An area located in Section 30, Township 30, Range 28 M.D.B. & M., more particularly described as follows: Tract 7322 Berkshire Rd Bakersfield California Containing: 17.9 Acres, more or less. i*A:ii:1111r_1 11/20/19 CC AGENDA PACKET PG 148 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-101) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA MAGMENA AVE S7 MER AVE CANDACE AVE M' I `r 1 ARVN-ED" CANAL BALAW ST. CATB ST. MD 5-101 I BERKSHW W. NOT TO SCALE BERKSHFE RD. HADAR RD. ACCABAR ST. LOST TRAL WAY NY WE LK ARNOTT Cr. PARNELL Cr. BACHMOR ST. ag WRKSHW RD. effm CT. EXHIBIT "B" 11/20/19 CC AGENDA PACKET PC 149 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier] x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/20/19 CC AGENDA PACKET PG 150 MAINTENANCE DISTRICT AREA 5-101 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 151 Assessor's Tax No. 516-010-35-00-5 Total Date: MAINTENANCE DISTRICT AREA 5-101 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Total amount to be collected for FY (2019-2020) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 11/20/19 CC AGENDA PACKET PG 152 Inclusion of a Subdivision into the Consolidated Maintenance District August 2, 2019 City of Bakersfield - Public Works Department Attn: Jim Schroeter 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Schroeter: RE: Inclusion of Tract Map No. 7322 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Tract Map No. 7322 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $910.00 as required by the City to cover the costs of this inclusion into the CMD. if requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. espectfully To Berkshire SH Properties, LLC - Manager Valley Republic an - Manager MIS ;-1 nl FXHIRIT F 11/20/19 CC AGENDA PACKET PG 153 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-102 (4915 SOUTH H STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 5-102, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2026 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-102, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-102 (4915 South H Street), to the SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-102\RES EST.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 154 Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 5-102 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit 'E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2019-2020 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-102\RES EST.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 155 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-102\RES EST.docx Page 3 of 3 11/20/19 CC AGENDA PACKET PG 156 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-102 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is desribed as 4915 South H 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 5\MD 5-102\PW DIRECTOR'S REPORT.dou EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 157 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 2019-2020 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-102\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 158 LEGAL DESCRIPTION Area 5-102 An area located in Section 24, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPR 19-0175 4915 South H Street Bakersfield California Containing: 1.39 Acres, more or less. i*A:ii:1111r_1 11/20/19 CC AGENDA PACKET PG 159 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-102) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA PACHECO W. °" PACHECO W. Zd �i id GALNA CT MD 5-102 WADE AVE NE LYNN CT. FAXON AVE BRMY CT. Go NOT TO SCALE EXHIBIT "B" 11/20/19 CC AGENDA PACKET PG 160 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier] x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 1112 0/19 CC AGENDA PACKET PG 161 MAINTENANCE DISTRICT AREA 5-102 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 162 Assessor's Tax No. 372-031-12-00-3 Total Date: MAINTENANCE DISTRICT AREA 5-102 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Total amount to be collected for FY (2019-2020) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 11/20/19 CC AGENDA PACKET PG 163 Inclusion of a Subdivision into the Consolidated Maintenance District (LETTERHEAD) (Date) City of Bakersfield - Public Works Department Attn: Jim Schroeter 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Schroeter; RE: Inclusion of (choose one of the following) Wla'ver No. 15e - 1`l - G+ -S in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) Tract Map * Parcel Map • Parcel Map Waiver • No. 5f, e 10i —01j&eby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ '--111:3 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20— at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectf ly, (Name) �rdlZvH!>iC--2 SIWGrI� (Title) pitAkzr o",, - MIS 5_102 FXHIRIT F 1112 0/19 CC AGENDA PACKET PG 1 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-103 (52 PLANZ ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 5-103, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2027 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-103, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-103 (52 Planz Road), to the SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-103\RES EST.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 165 Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 5-103 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit 'E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2019-2020 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-103\RES EST.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 166 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-103\RES EST.docx Page 3 of 3 1112 0/19 CC AGENDA PACKET PG 167 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-103 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 52 Planz Road and as shown on Map and Assessment Diagram marked Exhibit 'B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-103\PW DIRECTOR'S REPORT.dou EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 168 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 2019-2020 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield SAPROJECTS\MAINDIST\Formation Documents\Area 5\MD 5-103\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 169 LEGAL DESCRIPTION Area 5-103 An area located in Section 7, Township 30, Range 28 M.D.B. & M., more particularly described as follows: CUP 17-0075 52 Planz Rd Bakersfield California Containing: 6.04 Acres, more or less. i*A:ii:1111r_1 11/20/19 CC AGENDA PACKET PG 170 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-103) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA XTM AVE U3" AVE MD 5-103 PLANK RD.q , .,. PL.APQ FD. Pauy Elementary n NOT TO SCALE EXHIBIT "B" 11/20/19 CC AGENDA PACKET PG 171 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 tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier] x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/20/19 CC AGENDA PACKET PG 172 MAINTENANCE DISTRICT AREA 5-103 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 173 Assessor's Tax No. 022-250-10-00-2 022-250-12-00-8 022-250-13-00-1 022-250-14-00-4 022-250-15-00-7 022-250-16-00-0 Total Date: MAINTENANCE DISTRICT AREA 5-103 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Total amount to be collected for FY (2019-2020) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 11/20/19 CC AGENDA PACKET PG 174 Inclusion of a Subdivision into the Consolidated Maintenance District (LETTERHEAD) (Date) City of Bakersfield - Public Works Department Attn: Jim Schroeter 1 600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Schroeter: RE: Inclusion of (choose one of the following)TtlAhrp--4rcel_Map fttveTWs. C�� P •u--1"7 - cY)'7 a in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) Tract Map • Parcel Map • Parcel Map Waiver • Noy - e k- I-?-O",'I ereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ `tel K-:, as required by the City to cover the costs of this inclusion into the CMD. if requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. 7bme ctfully,r) �( ( Title) ' `tAA a 0- C.'r- d MIS 5_103 FXHIRIT F 11/20/19 CC AGENDA PACKET PG 175 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Resolutions f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 10/31/2019 WARD: Ward 2 SUBJECT: Resolution of Intention (ROI) #2028 to add Area 4-204 (625 34th Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. STAFF RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. ATTACHMENTS: 11/20/19 CC AGENDA PACKET PG 176 Description ❑ ROI #2028 adding Area 4-204 to the CMD ❑ MD 4-204 Exhibit 1 ❑ MD 4-204 ExhibitA ❑ MD 4-204 Exhibit B ❑ MD 4-204 Exhibit C ❑ MD 4-204 Exhibit D ❑ MD 4-204 Exhibit E ❑ MD 4-204 Exhibit F Type Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 11/20/19 CC AGENDA PACKET PG 177 RESOLUTION OF INTENTION NO. 2028 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-204 (625 34TH 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 4-204 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 4-204\R0I 2028 EST.docx Page 1 of 3 11/20/19 CC AGENDA PACKET PG 178 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 4-204\R0I 2028 EST.docx Page 2 of 3 11/20/19 CC AGENDA PACKET PG 179 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 RICHARD IGER Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-204\ROI 2028 EST.docx Page 3 of 3 11/20/19 CC AGENDA PACKET PG 180 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-204 Fiscal Year 2019-2020 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 625 34th 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 4-204\PW DIRECTOR'S REPORT.dou EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 181 installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2019-2020 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield SAPROJECTS\MAINDIST\Formation Documents\Area AMD 4-204\PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/20/19 CC AGENDA PACKET PG 182 LEGAL DESCRIPTION Area 4-204 An area located in Section 19, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 19-0235 625 34th St Bakersfield California Containing: 1.4 Acres, more or less. i*A:ii:1111r_1 11/20/19 CC AGENDA PACKET PG 183 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-204) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA a amST. a MD MD 4-204 �-zap am ST am ST NOT TO SCALE EXHIBIT "B" 11/20/19 CC AGENDA PACKET PG 184 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles -Riverside -Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier] x EDU) + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "it is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R-1 4 R-2 17.42 (max.) R-3 34.85 max. R-4 72.6 max. E 4.36 R -S 1.82 R -S-1 A 1 R -S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/20/19 CC AGENDA PACKET PG 185 MAINTENANCE DISTRICT AREA 4-204 Said assessment is made in accordance with the benefit formula attached hereto. 2019-2020 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/20/19 CC AGENDA PACKET PG 186 MAINTENANCE DISTRICT AREA 4-204 ASSESSMENT ROLL FISCAL YEAR 2019-2020 Assessor's Tax No. Total amount to be collected for FY (2019-2020) 002-042-10-00-9 $0.00 Total $0.00 I*:/:I11.3111i4 11/20/19 CC AGENDA PACKET PG 187 CSU Dignity Health. V V Bakersfield Memorial Hospital September 27, 2019 City of Bakersfield - Public Works Department Attn: Jim Schroeter 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Schroeter: 420 34th Street Bakersfield. CA 93301 direct 661327.4647 fax 661 326-0706 bake rsfieidmemorial. arg RE: Inclusion of SPR No, 19-0235 in a Consolidated Maintenance District (CMD) APN's: 002-482-10,14,18 & 19 We, the undersigned, as owners of the property included within SPR No, 19-0235 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Cade Section 13.44.021. Enclosed is a check for $910.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, n Keller President and CEO Bakersfield Memorial Hospital MIS A-2nA FXHIRIT F 1 11/20/19 CC AGENDA PACKET PG 188 1 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements g. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DAT E: 11/7/2019 WARD: SUBJECT: Agreement with Kern County Forensic Services, LLC ($220,000) for sexual assault examinations. STAFF RECOMMENDATION: Staff recommends the approval of the agreement. BACKGROUND: The Bakersfield Police Department (BPD) relies on professional nursing services to assist in the forensic investigation of reported sexual assaults. These investigations often require evidentiary examinations (collection of physical evidence, injury documentation, etc.) of victims and suspects for the purpose of prosecution. Exams of this nature are mandatory for the investigating law enforcement agency within the jurisdiction of the criminal offense. In this capacity, nurses provide expertise in the collection of evidence and are called on to testify on behalf of the People of the State of California as Subject Matter Experts (SME) during suspect prosecution. Nurses are also available 24 hours a day for consultation on any forensic evidence questions a BPD Detective might have. Since 2014, services of this nature have been provided by Forensic Nurse Specialists of Central California (FNSCC). Unfortunately, as of December 1, 2019, FNSCC will no longer be providing forensic nursing services. Due to the sensitive nature of and the vital importance forensic nursing services have on these investigations, an immediate solution to continue services is necessary. As of October 1, 2019, five forensic nurses, formerly contracted with FNSCC, have come together to form a new Limited Liability Company, now known as Kern County Forensic Services, LLC.. Kern County Forensic Services (KCFS) will provide the same services as FNSCC, and will utilize the same dedicated room at Adventist Health Bakersfield, which offers a private environment for individuals. KCFS is the only firm in the Bakersfield area that provides the combination of experience, facilities, and expertise to provide such services. The proposed agreement will carry a term up to two years, with a maximum not to exceed 11/20/19 CC AGENDA PACKET PG 189 compensation amount of $220,000. The costs for individual examination services are to remain at existing levels through the term of the agreement. ATTACHMENTS: Description Type D Proposed Agreement with Kern County Forensic Agreement Services,LLC. g 11/20/19 CC AGENDA PACKET PG 190 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and KERN COUNTY FORENSIC SERVICES, LLC .("CONTRACTOR" herein.). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and. a specialist in the field of forensic evidence collection and examination: and. WHEREAS, CITY seeks to retain CONTRACTOR's services for the :purpose of assisting in..forensic evidence collection and examination of victims and suspects of sexual assault,. inciuding domestic violence,. child physical and sexual abuse, and post mortem investigations. NOW, THEREFORE, incorporating the foregoing recitals here, in, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: upon CITY's request, CONTRACTOR shall collect forensic Caiifornia Office of Emergency (CAL OES) state protocols by qualifled forensic examiners. All such work: shall include the use of mandated CAL OES forms, evidence, collection, digital photography, and Rapid .DNA Sequencing (RADS). Contractor shall provide copies of all photographs to CITY and discuss findings with CITY at the conclusion of each examination. CONTRACTOR shall relinquish its collected evidence to CITY and shall maintain chain of custody for each examination. Upon request by CITY, CONTRACTOR shall make the results of and evidence from any examination to agency and any prosecuting office after the elate of such examination. CONTRACTOR shall provide competent expert witness courtroom testimony when compelled by subpoena to do so. I.1. The scope of work shall include all. items and procedures necessary to properly complete: the. task CONTRACTOR has been hired to perform, Whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called: for under this Agreement is based on the following fees per examination: Independent Contractors Agreement S:\POLICEIAgrs\ 1.9-26\KernCaunlyFo rens icS6r VFc esA greemen#. doox —Page 1 of 9 Pages -- 11/Z 0/19 CC AGENDA PACKET PG 191 (a) Victim examination: $750.00. (b) Suspect exam ination .concurrent with victim examination: $500.00. (c) Suspect examination subsequent to victim examination: $600.00. (d) No-show or cancellation after Agency request: $150.00. (e) Follow-up victim examination: $400.00. (f) Travel time for mobile examinations: $250.00. (g) Postmortem victim examination: $.1,000.00. The compensation set forth in this. section shall not exceed. $220,000.and is 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 inwrit ing by the parties. CONTRACTOR: may provide written notification to CITY of increased rates no more than once per year after the expiration of the initial one-year term of this Agreement. If CITY does not accept such increased rates within thirty (30) days .of such notification by CONTRACTOR, then CONTRACTOR may terminate this Agreement upon thirty (30.). days written notice to Agency. 2. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 3. KEY PERSONNEL. CONTRACTOR shall name .all key personnel to be. assigned to the work set forth herein. All key personnel shall be properly licensed. and have the experience to perform the work called for under this Agreement-. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes. and work. experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do. so in writing by CITY. No workwill be authorized until the contract has been fully executed by CONTRACTOR and.C1TY. 5. 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 fufiy set forth. independent Confructor's Agreement S:\PO0CE\Agrs\i 9-20�KernCouni/FOrensicSL-NICasAgreemantdoex Page 2 of 9 Pages — 11/20/19 CC AGENDA PACKET PG 192 6. N .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. 7. LICENSES. CONTRACTOR shall, at its sole cost and expense,. keep in effect or obtain at all tirnes during the term of this Agreement any licenses; permits and approvals which are. legally required. for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership; at least one partner shall hold.the required licenses or professional degrees. 8. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all iegal.requ.irements and industry standards observed by a specialist of the profession in California. 9. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties. and supersedes all other oral or written representations.. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 10. EXHIBITS. In the event of a conflict between the terms, conditions or specificgtiori5 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 dee med.incorporated in this. Agreement, whether or not actually attached. 11. TERM, The Agreement shall commence on. the Effective Date and shall remain in effect for one (1) year.. The Agreement shall renew for an additional one-year term with o.u.t any further action by the parties. 12. TERMINATION. This Agreement may be terminated by any party upon ninety (90) days written notice, served by mail or personal service, to all other parties. 13. 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 requ.Irements now in force or which may hereafter be in force including; without limitation, obtaining a City of Bakersfield business tax certificate. (Bakersfield Municipal Independent Contractor's. A.weernenf. S: \. PO LJ CE\P.grs\ i 9-20-WernCo un ty ForensicS a Mc es kgre em el. t.do ck -- Page 3 of 9 Pages -- 11/Z 0/19 CC AGENDA PACKET PG 193 Code Chapter 5.02) where required. 14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose an.d. 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 v+iith CONTRACTOR other than that of an independent contractor. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein. are performed. 15. EQUIPMENT. CONT.RACTUR will supply all equipment, tools, materials and supplies. necessary to perform the services under this Agreement. 17. INSURANCE. In addition to any other insurance or bond required under this Agreement, the. CONTRACTOR. shall procure and maintain for the duration of this Agreement the following types and limits of insurance (''basic insurance requirements") herein: 17.1. Broad form commercialgeneral- 111ablifty insurance unless. otherwise approved by the CITY's. Risk Manager; providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury; with limits of not less than One Million. Dollars ($1,000,000) per occurrence: and. the policy shall: 17.1.1. Provide contractual liability coverage for the terms of this Agreement.. 17.1.2. Provide unlimited products and completed operations coverage. 17.1.3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17:1:4.. All policies shall be written on a first -dollar coverage basis, or .contain a deductible provision. Subject to advance. approval by the CITY, CONTRACTOR may utilize a Self --Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, independent Contractor's Agreement S jPOLICE\Agrs\19-2C3\KernCovntyForensic5eniices.Agreement.docx Page 4 of.9 Pages — 1112 0/19 CC AGENDA PACKET PG 194 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, 17.2. Workers` -compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Killion. Dollars ($1,000;000) per occurrence;. and the policy shall contain a waiver of subrogatlon in favor of. the City, its mayor, council, officers, agents, employees and volunteers:. 17.3. Professional liability insurance, providing coverage on claims made basis for errors and omissions. with limits of not less than One Million Dollars ($1,00.0,000) aggregate. 17-4. All policies required of the CONTRACTOR shall be p; unary insurance as to the CITY, its .mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 17.5. Except for workers' compensation, insurance is to be placed. with insurers with a Best's rating as approved by CITY's .Risk Manager but in no event less than A --:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreemenf, .or insurance rated below Best's A -:VI(, must be declared prior to execution. of this Agreement and approved by the CITY in writing. 17.6. Unless otherwise approved: by CITY's.. Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written noice of cancellation or material change in policy language or terms. All policies :shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall .be delivered to CITY on demand. 1.7.7. The insurance required. hereunder .shall be maintained until all work required to be. performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 17.8. The CONTRACTOR shall furnish the City Risk: Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may Withdraw its offer of contract or cancel this I n de pets d+: h t'C vnt rcac tor's . A gee�rrie nt S;�PDLE C��ftigf s`19.2a�Ke rrlCounlyFaren; E�Servic esAgreemen#, d� cx --- Page 5 of 9 Pages 11/20/19 CC AGENDA PACKET PG 195 contract if certificates of insurance and. endorsements required have not been provided prior to the execution of this Agreement. 17.9. Full compensation for all premiums which the `CONTRACTOR is. .required to pay on a 1 the 1nsurance.described herein shall be considered as included in the prices paid for the various items of work to be performed under the: Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 17.10. It is further understood and .agreed by the CONTRACTOR that its liability to the. CITY shall not in any way be limited to. or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement - 17.1 1-Unless greement.. 17.11..Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, ail subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 17.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material.bonds in amounts and in a form suitable to CITY, CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 18. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR.of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shrill pay on. demand, all costs of notification. 19. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against tiny 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 Is sole active negligence or willful misconduct. 20.. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. section 1.654 of the California Civil Code shrill not. -apply Independent Contractor's Agreement S:�Pfl LI CE�Ag rs� 19.2Q�KernCa�niy�arens ic5e�viG esAgiearrf ent. d o cx — Page 6 of 9 Pages::.—. 11120119 ages -- 11/20/19 CC AGENDA PACKET PG 196 to the interpretation of this Agreement. 21. NOTICES. All notices. relative to this Agreement shall be given in wrifing 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: KERN COUNTY FORENSIC SERVICES LLC. 1335 Greeley Road Bakersfield; CA 93314 22. GOVERNING LAW. The laws of the State of California will govern the validity of this. Agreement, its interpretation and performance. Any litigation arising in any way from: this Agreement shall.be brought in Kern County, California.. 23. 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. 24. 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 nafure whatsoever, for compensatory or exemplary .and punitive. damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tore 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 shaft be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 25.. BINDING EFFECT. The: rights and obligations of this Agreement shall inure to the benefit of, and be binding upon; the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender Independent Contractor's Agmernethf &VOLICrAAgrs\i 9=20NKernCouniyForensic5eryicesAgmemenf.docx - Page 7 of :9 Pdges -- 11/20/19 CC AGENDA PACKET PG 197 includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each. of which shall be considered:as an. original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 27. ACCOUNTING REQURD$. 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 CONTRACTCR's office during the term of this: Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall. be made available to CITY representatives upon request at any time during regular business hours. 28. 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 a.11.0f the obligations set forth in this.Agreement. 29. TAX NUMBERS. CCNTRACTOR`s Federal Tax ID Number: 84-28.12701 CONTRACTOR is a corporation? Yes: No: X (Please cheek one.) 30. NON-INTEREST. No officer or employee of the CITY shall hold any Interest in this Agreement (California Government Cade section 1090). 3.1. RESOURCE ALLOCATION. Ai[ obligations of CITY under the terms of this Agreement are subject to the appropriation and allocafion of resources by the City Council. SIGNATURES CONTINUEON FOLLOWING PAGE Independent Contractor's Agreement 5: �P OLI CE�Ag rs� 19-�i3�Ke rrzCau�.igFa reri;ic5arvic esAgre er im eri t:d o cx - Page 8 of`9 Pages 11/20/19 CC AGENDA PACKET PG 198 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed; the day and year f=irst -above written. "CiTy, CITY OF BAKERSFIELD BY: - KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO-KING Deputy City Attorney APPROVED AS TO CONTENT: BAKERSFIELD POLICE DEPARTMENT 0.2 LYLE MARTIN Chief of Police COUNTERSIGNED: M. RANDY McKEiEGAN Finance Director R[:[sc independent contractorr§Agreemeht S -\PC LICE\Agrs\ 3 9-26NKernc ountyFo re nsic5 errvic esAgre ern er�.t. do cx " CONTRACTOR" KERN COUNTY FORENSIC SERVICES. LLC Pilaf Name: . P Title: &rll� ! Insurance: -- Page 9 of 9 Pages — 11/20/19 CC AGENDA PACKET PG 199 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements h. TO: Honorable Mayor and City Council FROM: Nick Fidler DAT E: 11/6/2019 WARD: Ward 2 SUBJECT: Amendment No. 4 to Agreement No. 15-290 with Servexo Protective Services (not to exceed $179,444 annually and to extend term for an additional year) to provide daily 24-hour on-site security services at the Bakersfield Amtrak Station. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 9, 2015, Council approved Agreement No.15-290 with Servexo Protective Services to provide daily 24-hour security services at the Bakersfield Amtrak Station. Servexo was selected through a formal Request for Qualifications and Proposals process. The agreement's terms provided for amendments under mutually agreeable terms for 4 additional one-year periods. Amendments 1 through 3 increased the term by three (3) additional one- year periods, added security during the holidays, and increased compensation to account for minimum wage increases. Servexo has provided satisfactory service to the City and Amtrak patrons. Staff recommends extending the term of the agreement for the fourth additional year allowed for under the terms of the agreement and increasing the compensation for the additional year of the contract to $179,444 to allow for Servexo's higher rates in 2020 due to the State's minimum wage increase. As background, the Bakersfield Amtrak Station is among the busiest stations in California due to the stop being the southern termination point for passenger rail service in the Central Valley. Passengers traveling to Los Angeles and points south transfer between trains and buses in Bakersfield to continue theirjourney. Security services at the station is provided 24 hours daily to deter vehicle break-ins, vandalism, vagrancy, etc. around the station and in the parking lot. Around the clock security services provide a quality travel experience for all passengers using the station. An additional security guard is added during the holidays to address the increase in traffic and passengers at the station. 11/20/19 CC AGENDA PACKET PG 200 Public transit funds administered by the Kern Council of Governments provide the funding source for this agreement. Therefore, there is no General Fund impact associated with this agreement. ATTACHMENTS: Description Type ❑ Amendment 4 Agreement 11/20/19 CC AGENDA PACKET PG 201 AGREEMENT NO. 15-290(4) AMENDMENT NO. 4 TO AGREEMENT NO. 15-290 THIS AMENDMENT NO. 4 TO AGREEMENT NO. 15-294 is made and entered into on by and between the CITY OF BAKERSFIELD, a Charter city and a municipal corporation (referred to herein .as "CITY"), and SERVEXO PROTECTIVE SERVICES (referred to herein as: "CONTRACTOR".).. RECITALS WHEREAS, on December 9, 2015, the CITY and CONTRACTOR entered into .Agreement No. 1.5-290; wherein CONTRACTOR provided daily 24-hour on-site security services at the Bakersfield Amtrak Stafion;. and WHEREAS, on December 14, 2016, Amendment No. 1 of Agreement 15-290 amended the total annual compensation amount to $135,977 with eliminating. the $16.00 per hour rate for additional eight hour shifts and adding holiday pay for eleven holidays in 2017; and amended the tem. of the Agreement to exercise an additional one-year term extension; and WHEREAS, on November 15, 2017, Amendment No. 2 of Agreement No. 15-290 amended the term of the Agreement to continue .the on-site security services and to exercise an. additional one-year term extension, and WHEREAS, on November 2$, 2018, Amendment No. 3 of Agreement No.. 15-290 amended the term of the Agreement to continue the on-site security services and to exercise an additional one-year term extension; and WHEREAS, CITY and CONTRACTOR have agreed to extend the term of this Agreement for an additional and final year, to continue the on-site security services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR` mutually agree to amend Agreement No. 15-290 as follows: L Section 2: of Agreement No. 15=290 entitled "CCOMPENSATION" is hereby amended to.read as follows: 2. COMPENSATION. Compensation for all work, services or products called: for under this agreement shall consist of a total payment of $179,444 which shall be paid as follows: CAUsers]Servexo _--- .-._._..._. ContradtorXAppData\LocallMicrosoftlW ndowsllNetCache\Content, OutlookLYYUT5Z1MMServexoAmtrakAmend4,15- 290Agr idoc November T, 2019 -- Page.1 of 3 Pages 11/20/19 CC AGENDA PACKET PG 202 • One year base bid: 8.472 hours (353 days excluding holidays) x $19.37 =.$164,103.00, • Holiday pay (I 1 holidays}; 264 hours X $58.11 (two security guards) = $15,341.00: • Total = $179,444 (rounded to nearest dollar) 2. Section 12 of Agreement No. .15-290 entitled "TERM" its hereby amended to read as follows: 17. TERM. Unless terminated sooner, as set forth herein, this Agreement shall be for a one year period ending December 9, 2020 and shall not be renewable annually thereafter. 3. Except as amended herein., all other provisions of Agreement No. 15=290 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment. No. 4 to Agreement No. 15-290 to be executed the day and year fiat above written. [SIGNATURES FOLLOW ON NEXT.PAGE] C Ausers\Servexo- ContractorlAppData\Loca]Wicrosaft\Windows\iNetCathakCooter\t.O.utlooklYYUTZWV,AServexoAmtrakAmend4.15- ?9QAgr.doc November 7, 2019 -- Page 2 of 3 PageS -- 11/20/19 CC AGENDA PACKET PG 203 "CITY" CITY OF BAKERSFIELD "CONTRACTOR" SERVEXO PROTECTIVE SERVICES By:— •7 --`- By: Karen Goh , JOH PALMER Mayor ; Owner APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT 0 NICK FIDLER Public 'Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director JHR/vIg C AUserslServexo- C o n tra cto r\Ap pDa ta\Loca 61M i crosoftlVVt nd ows11 N etCa c h e1C orate nt. o utl oo k1YY U T 5ZVAWServexoAmtra kAm end4.15- 290Agr.doc November 7, 2018 -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 204 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 11/1/2019 WARD: Ward SUBJECT: Amendment No. 1 to Agreement No. 18-188 with EMTS, Inc. ($58,704; revised not to exceed $117,408 and extend term by one year), to provide landscape maintenance services at Wastewater Treatment Plant No. 3. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Wastewater Treatment Plant No. 3 (WWTP 3) has landscaped areas which require maintenance services beyond the limits of available staff. These services include weed control; debris removal; and maintaining trees, shrubs, ground cover, turf areas and irrigation system. On November 28, 2018, the City entered into Agreement No. 18-188 with EMTS, I nc. to provide landscape maintenance services. EMTS, Inc. was selected through a formal Request for Qualifications process. At this time, given the need for continued landscape maintenance services at WWTP 3, the Wastewater Division desires to extend the agreement by one additional year, and increase the compensation by $58,704 for the anticipated maintenance services. This amendment revises the not to exceed amount to $117,408 and extends the term to November 30, 2020. Sufficient funds are budgeted in the Sewer Enterprise Fund to fund this agreement. Therefore, there is no impact to the General Fund associated with this amendment. ATTACHMENTS: Description ❑ Amendment No. 1 Type Agreement 11/20/19 CC AGENDA PACKET PG 205 r -11M J44,vill4zii►19111 AMENDMENT NO. [11 TO AGREEMENT NO. 18-188 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-188 is made and. entered into on by and between the CITY OF BAKERSFIELD, a. municipal corporation (referred to herein as "CITY"), and EMTS, INC. (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, CITY and CONTRACTOR entered into Agreement No, 18.188 on November 28, 2018 wherein CONTRACTOR would provide Landscape maintenance services at Wastewater Treatment Plant No. 3 (WWTP 3) including maintenance of trees, shrubs. ground cover; turf areas and irrigation system, and provide weed control and debris re.movol; and WHEREAS, the parties desire to amend. Agreement No. 18-188 to renew and extend the term until November 30, 202.0 in accordance with the original terms of the said agreement; and. WHEREAS, CITY and CONTRACTOR have agreed to additional compensation of Fifty Eight Thousand Seven Hundred Four Dollars ($58;704) above the previously established compensation of Fifty Eight Thousand Seven Hundred Four Dollars (.$58,704) for the required services. NOW, THEREFORE, incorporating the foregoing recitals herein; CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 18-188 entitled "COMPENSATION/PAYMENT PROCEDURE" is hereby amended to read as follows:. 2. COMPENSATIONZPAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing. the Scope of Work ("Compensation."): A total payment of One Hundred Seventeen Thousand Four Hundred Eight Dollars ($ 117,408) which shall be paid as follows: upon successful completion of tasks assigned to CONTRACTOR as described in the RFP and at the rates specified in the submitted Proposal Form, attached hereto as 5''\EngineeringlAnnuaI Contract & Request For Pro 00saARFP Landscape Maintenarice%20181Aniendment.No. tdoc October 8. 2019 -- Page 1. of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 206 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 fhe total amount paid to CONTRACTOR for performing the. Scope of Work and includes, but is not limited to, all but-of-pocketcosts and taxes. CITY will pay no other conmpensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than. $.117,408 for performing the Scope of Work. 2. Section 3 of Agreement No. 18-188 entitled "TERM" is hereby amended to read as follows: 3. TERM. Unless terminated sooner, as set forth herein, this Agreement.shall terminate on November 30, 2020. The agreement is 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. 18-188 shall remain in full force and effect. S- MEnginee ringlAnnuaI Cdntract & Request Far PropasaftRFP Landscape Maint6hance12a1 &Amendment No. 1,dor, bctober 8,.2019 -- P.age..2.of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 207 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 18--188 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD fi[�I�1►11F:TC�ti7�il EMITS, INC, By: By: KAREN GOH- Mayor Print Name: Adam Wong Title: General Manager APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 32 JOSHUA RUDNICK Deputy City Attorney II COUNTERSIGNED: RANDY MCKEEGAN Finance Director &\EngineeringtAnnua! Contract & Request For ProposaRRFP Landscape Maintenance=181Amendment No. 1.doe October 8, 20 19 -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 208 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements j. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 11/6/2019 WARD: SUBJECT: Amendment No. 1 to Agreement No. 18-199 with SC Fuels ($1,250,000; revised not to exceed $2,250,000 and extend the term one year) for supply of partial/bob-tail fuel deliveries. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On November 28, 2018, the City Council approved the annual contract for the supply of partial/bob-tail fuel deliveries with SC Fuels in the amount of $1,000,000; renewable annually thereafter for four one-year periods. Currently there is $70,000 available on the contract. Amendment No. 1 will extend the term one year and increase compensation by $1,250,000 for a revised not exceed amount of $2,250,000. Approval of the amendment allows the City to continue to meet the demand for partial/bob-tail fuel deliveries. Funds are budgeted in the Equipment Management Fund for this contract. ATTACHMENTS: Description Type ❑ Amendment No. 1 to Agmt 18-199 SC Fuels Agreement 11/20/19 CC AGENDA PACKET PG 209 AGREEMENT NO. 18-199(i AMENDMENT NO. [1] TO AGREEMENT NO. 18-199 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-199 is made. and. entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and SOUTHERN COUNTIES OIL CO., A CALIFORNIA LIMITED PARTNERSHIP dba SC FUELS (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the November 28, 2018, the CITY and CONTRACTOR entered into Agreement No.. 18-199 in the amount of $1,000,000 for the supply of fuel bobtail and. partial loads; and .WHEREAS., the parties desire to amend Agreement No. 18-199 to extend the agreement term one year and increase compensation by $1,250,000 to allow continuance of suppling fuel bobtail and partial loads. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree. as follows: 1. Section 2 of Agreement No. 18-199 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 TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS [$2,250,000] 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. 2. Section 32 of Agreement No. 18-199 entitled "TERM" is hereby amended to read as. follows: 32. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one. (1 ) year from December 14, 2019, unless sooner terminated as set forth in. this Agreement. The Agreement shall be -- Page 1 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 210 renewable annually thereafter for three .(3) consecutive one-year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield.. 3. Except as amended herein, all provisions of Agreement No. 18-199 shall remain in full force and effect. -000- IN -oto- IN WITNESS WHEREOF, the parties hereto. have caused this Amendment No. 1 to Agreement No. 18-199 to be executed the day and year first above written. "CITY„ CITY OF BAKERSFIELD Ma - KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By.: 2,ZL4� -;' TERA ORTIZ Assistant Finance Director "CONTRACTOR., SC FUELS 1--ArC By: Print Name: Sherry Thomas Title: President Page 2 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 211 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: M RANDY MCKEEGAN Finance Director Insurance Approved by Disk Management: -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 212 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements k. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 11/6/2019 WARD: SUBJECT: Amendment No. 2 to Agreement No. 17-203 with Pinnacle Petroleum, Inc. ($2,500,000; revised not to exceed $7,500,000, and extend the term one year), for supply of tractor/trailer fuel deliveries. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On December 13, 2017, the City Council approved the annual contract for the supply of tractor/trailer fuel deliveries with Pinnacle Petroleum. Inc., in the amount of $2,500,000; renewable annually thereafter for four one-year periods. On December 12, 2018, City Council approved Amendment No. 1 extending the term one year and increasing compensation by $2,500,000. Currently there is $900,000 available on the contract. Amendment No. 2 will extend the term one year and increase compensation by $2,500,000 for a revised not to exceed amount of $7,500,000. Approval of the amendment allows the City to continue to meet the demand for tractor/trailer fuel deliveries. Funds are budgeted in the Equipment Management Fund for this contract. ATTACHMENTS: Description Type ❑ Amendment No. 2 to Agmt 17-203 Pinnacle Petroleum Agreement 11/20/19 CC AGENDA PACKET PG 213 AGREEMENT NO. 17-203(12) AMENDMENT NO. 121 TO AGREEMENT NO. 17-203 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 1.7-203 is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and PINNACLE PETROLEUM, INC. (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the December 13, 2017, the CITY and CONTRACTOR entered into Agreement No. 17-203 in the amount of $2,500,000 for the supply of tractor trailer fuel loads; and WHEREAS, .on December 12, 2018, Council approved Amendment No. 1 extending the term one year and increasing compensation by $2,500,000 to allow the continuance of suppling tractor trailer fuel loads; and WHEREAS, CITY and CONTRACTOR have agreed to extend the contract term one year and increase compensation by TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) to allow continuance of suppling tractor trailer fuel loads. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17--203 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 SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7;500;000) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Section 12 of Agreement No. 17-203. entitled "TERM" is hereby amended to read as follows- -- page 1.. of 3. Pages -- 11/20/19 CC AGENDA PACKET PG 214 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. 17-203 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 17-203 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD M KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCCE_ DEPARTMENT By: La- 2� a `- TERA 6RTIZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City A orney B i Y .JOSHUA H. RUDNICK Deputy City Attorney "CONTRACTOR" PINNACLE PETROLEUM, JNC. M Pri Titl nt Nd 6: �It'1 S-- e: G 1 -- Page 2 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 215 COUNTERSIGNED: Mot RANDY MCKEEGAN Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 216 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements I. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 11/6/2019 WARD: SUBJECT: Amendment No. 3 to Agreement No. 17-007 with Target Specialty Products ($150,000, revised not to exceed $550,000 and extend the term one year) to continue the supply of chemical, insecticides, and herbicides. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On January 4, 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 by $100,000 and extending the term one year. On September 19, 2018, the City Council approved Amendment No. 2 increasing compensation by $150,000 and extending the term one year. Currently there is $22,000 remaining on the contract. If approved, Amendment No. 3 will extend the term one year and increase compensation by $150,000 for a revised not to exceed amount of $550,000. Funds are budgeted in the Recreation and Parks operating budget within the General Fund for the supplies. ATTACHMENTS: Description D Amendment No. 3 to Agmt 17-007 Target Specialty P rod ucts Type Agreement 11/20/19 CC AGENDA PACKET PG 217 AGREEMENT NO. 17-007(3) AMENDMENT NO. 131 TO AGREEMENT NO. 17-007 THIS AMENDMENT NO. 3 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 entered into Agreement No. 17-007 in the amount of $150,000 for the supply of chemicals, insecticides, herbicides,. and WHEREAS, on December 17, 2Q17, Council approved. Amendment No. 1 increasing compensation by $100,000 and extending the term one year to allow the continuance of suppling chemicals, insecticides, and herbicides; and WHEREAS, on September 19,. 2018, Council approved Amendment No. 2 increasing compensation by $150,400 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 $150,000, and extend the terra one year; to allow continuance of suppling chemicals, insecticides, and herbicides. NOIR, 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. FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000) 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 -- Page 1 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 218 by the parties. 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 one. consecutive fine -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. 3. to Agreement No. 17007 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT TERA ORTIZ Assistant. Finance Director "CONTRACTOR" TARGET SPECIALTY PRODUCTS e �y: Print Name: Hariven Cronk Title: Contract Bid Specialist -- Page 2 .of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 219 VIRGINIA GENNARO City Attorney (Byr: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Insurance Approved by Risk Management: 0j— I __ page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 220 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 11/1/2019 WARD: SUBJECT: Amendment No. 1 to Agreement No. 17-192 with Meyer Civil Engineering, Inc. ($50,000; revised not to exceed $250,000), to provide on-call construction inspection services for development projects and the Capital Improvement Program. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: To expedite the delivery of the Capital Improvement Program (CI P) and to supplement the demand for inspections related to development and subdivisions, staff implemented an "on-call" inspection program in 1996. This program augments current Construction Division staff by providing contract inspection services as needed for various city inspection demands. The program has proven to be very effective in maintaining staffing to provide timely response of the City's inspection responsibilities. I n order to meet the demand for construction inspection services needed for both C I P projects as well as development and subdivisions, 95 percent of the original amount ($200,000) approved under the current agreement with Meyer Civil Engineering, Inc. (MCE), which is for construction inspection services for calendar years 2018 and 2019, has been expended. While we do have on-call inspection agreements with two other firms (McIntosh & Associates and NV5), their availability has not been consistent with the demand for inspection services which has resulted in the use of MCE on a more frequent basis. In order to maintain a level of service which is consistent with the demand for inspection services, staff recommends that the current agreement with MCE be amended to increase the total not -to -exceed compensation to $250,000. No appropriations are necessary since these agreements will be funded by either budgeted capital improvement projects or by inspection fees collected from developers. ATTACHMENTS: Description Type 11/20/19 CC AGENDA PACKET PG 221 Amendment No. 1 to Agreement No. 17-192 with Meyer Agreement Civil Engineering, Inc. 11/20/19 CC AGENDA PACKET PG 222 AGREEMENT NO. AMENDMENT NO. 1 TO AGREEMENT NO. 17-192 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 17-197 is made and entered into on. by and between the. CITY OF BAKERSFIELD,: a municipal corporation, ("CITY" herein) and MEYER CIVIL ENGINEERING, INC. a corporation ("CONTRACTOR" herein). RECITALS WHEREAS, CITY and CONTRACTOR have entered into Agreement No. 17-191 on December 13, 2017 for on-call .construction inspection services for various Public Works projects for calendar years 2018 and 2019; and WHEREAS, the need for construction inspection services required on Public Works projects has exceeded original expectations;. and WHEREAS, there are additional projects requiring on-call construction'; inspection services during the remainder of calendar years 201.8 and 2019; and WHEREAS, CITY and CONTRACTOR have :agreed to. additional Compensation of Fifty Thousand Dollars ($50,000.00) to allow the continuance. o.f on-call construction inspection services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-192 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for services under "Scope of. Work" shall equal the hourly rate(s) listed on Exhibit 'B" multiplied by the time spent on inspection and other related. activities by individual inspector(s). 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. In no case: shall the.CONTRACTOR receive INDEPENDENT CONTRACTOR'S AGREEMENT G:\GR0UPOAi\Construc1ian`<Onca1iInspServ:2018.2019\AmcamanI No 1 toMeyer h*6clionWwcEs.Ag!eemen I201&19.doci -- Page. tof.3 Pages -- 11/20/19 CC AGENDA PACKET PG 223 more than. Two Hundred Fifty Thousand Dollars and No Cents ($254;040.00). 2: Except as amended. herein, `all provisions of Agreement No. 17--192 shall remain in full force and effect. INDEPENDENT CONTRACTOR'S AGREEMENT G:\GROUPDA T�Con5lruotion�dnCalI Insp.Sarv,-2018•:2019\Amedment No 1 io Meyer Inspec lion Services Agreement 2018-19:docx -- Page 2 of 3 Pages -- 11120119 CC AGENDA PACKET PG 224 IN WITNESS WHEREOF,, the parties hereto have caused this Amendment No. 1 to Agreement No. 17=192 to :be executed the day and: year first above written. "CITY" CITY OF BAKERSFIELD L'•2 Karen K. Goh Mayor APPROVED. AS.TO CONTENT: PUBLIC WORKS DEPARTMENT .NICK FIDLER. Public Works Director APPROVED. AS TO FORM: VIRGINIA GENNARO City Attorney m VIRGINIA GENNARO City Attorney COUNTERSIGNED: MO. RANDY MCKEEGAN Finance Director :A Pri "CONTRACTOR" Title.:— l're�t fern f _ INDEPENDENT CONTRACTOR'S AGREEMENT G'\GROU PDAT\Construction�OnColl.insp.5er.v -2x18-2014\Amedr6enf No t fO Meyer Irnspedjon SeMdes Agreement 2018.1 Mbcx -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 225 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent—Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 9/6/2019 WARD: Ward (s) 1, 2, 6, 7 SUBJECT: Contract Change Order Nos. 133, 175, and 185 to Agreement No. 14- 241 with Security Paving Company ($19,787.36; revised not to exceed $89,534,495.33) for the Beltway Operational Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of contract change orders. BACKGROUND: This project consists of constructing operational improvements along State Route 58 (SR -58) between State Route 99 (SR -99) and Cottonwood Road, and at the SR-99/Ming Avenue interchange. These improvements include: • "Braiding" of the SR -58 ramps from northbound and southbound SR -99 with the South H Street off -ramp, in order to eliminate the short non-standard weaving length between these interchange ramps. • Retaining walls along these braided ramps. • Sound walls along most of SR -58 between SR -99 and Cottonwood Road, and along northbound SR -99 to the eastbound SR -58 ramp north of the Belle Terrace overcrossing. • Auxiliary lane in advance of the eastbound SR -58 off -ramp to Union Avenue. • Auxiliary lane in advance of the westbound SR -58 off -ramp to ChesterAvenue. • Auxiliary lane in advance of the northbound SR -99 off -ramp to Ming Avenue. Change Order No. 133 provides a credit to City for adjustments made to the northbound SR -99 Ming off -ramp. Due to constructability and staging factors, the reinforced concrete and the rubberized asphalt sections of this ramp were modified to regular class I I base and asphalt section. These modifications resulted in a credit to the City. This change order results in an net decrease of $22,152.00. Change Order No. 175 provides compensation to the contractor for minor electrical and structure modifications to the Ming Ave pump station. Also, the addition of a final performance 11/20/19 CC AGENDA PACKET PG 226 testing as required by Caltrans. During a Caltrans inspection to this pump station, Caltrans reviewers requested these minor modifications to the original lighting configuration and electrical system. Also, an additional performance test was required for the final approval of this pump station. All this work and test is extra work. This change order results in an estimated increase of $21,939.36. Change Order No. 185 is an extension to contract change order No. 10 previously approved by the City council on 10/14/2015 and provides compensation to the contractor for 50 percent of the Dispute Resolution Board (DRB) services cost. In accordance with the contract documents, the contractor and the City share the cost related to DRB services. The DRB, contractor, and the City staff meet about 4 times a year plus any additional resolution disputes requested by either party. Once the costs have been incurred, the City reimburses half of the costs when the proper documentation and justification have been reviewed and approved by the City. This contract change order results in an estimated increase of $20,000. The net cost increase of Contract Change Order Nos. 133, 175, and 185 is $19,787.36. The sum of all change orders to date on this project reflects a total cost increase of $7,654,969.13 (which results in a 9.35 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $81,879,526.20 Previous Change Orders =$ 7,635,181.77 Current Change Orders No. 133, 175, and 185 = $ 19,787.36 Amended Contract Agreement after CC Os = $89,534,495.33 Net Increase to date = $ 7,654,969.13 The contractor has refused to sign all contract change orders alleging additional time to be granted to the project. However, the contractor needs to submit a time impact analysis to justify adding days to the project. In a good faith effort to make payments to the contractor, staff recommends unilateral approval of these change orders using the engineer's calculated quantities and without the contractor's signature. If the contractor later submits acceptable justification for a revision to any of these change orders, staff will review the additional information and, if changes are warranted, a revised contract change order will be placed on a future City Council agenda. Adequate federal and local funds have been previously budgeted to cover these additional costs. There is no General Fund impact associated with these change orders. ATTACHMENTS: Description ❑ CCO 14-241 #133 ❑ CCO 14-241 #175 ❑ CCO 14-241 #185 Type Agreement Agreement Agreement 11/20/19 CC AGENDA PACKET PG 227 CITY OF BAKERSFIELD Thomas Roads improvement Program ^fu CONTRACT CHANGE ORDER SHEET 1 OF 3 CONTRACT NO. 14-241 CHANGE ORDER NO. 133 P.O. NO. PROJECT: Beltway Operational Improvement Project (BOIP) PNRS 5109(213) TRBI17 FEDERAL NO. (S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Luis Topete. P. E, Resident Ennineer DATE. CHANGE REQUESTED BY: Ws Topete_P.E. Resident Engineer DATE: Pursuant to Standard Specification Section 4-1.05, "Changes and Extra Work", modify the structural sections at the NB SR99 Ming Off -ramp as shown on redlined sheet X-1 and L-17 as included on sheets 2 and 3 of this contract change order. All work shall be in accordance with the contract documents. Estimate of Increase in Contract Items at Contract Unit Prices Item Description Qty Unit CCO 133 % Item Unit Price M 104 Class It Aggregate Base 150 CY 0.75% $38.00 108 Hot Mix Asphalt (Type A) 156 TON 0.77% $82.00 Total Estimate of Increase in Contract Items at Contract Unit Prices: Total 5,700.00 12,792.00 $18,492.00 Estimate of Decrease in Contract Items at Contract Unit Prices Item Description City Unit CCO 133 % Item unit Price {$) Total 109 Rubberized Hot Mix Asphalt (Gap Graded) -22 TON -0.11% $112.00 (2,464.00) 119 Continuously Reinforced Concrete Pavement (CRCP) -166 CY -0.77% $230.00 (38,180.00) Total Estimate of Decrease in Contract Items at Contract Unit Prices: ($40,644.00) ACCOUNT NO (S) INCREASE ($22,152.00) DECREASE By reason of this order the time of City Council Approval. Required YES X completion will be adjusted as follows: Deterred NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perforrn all services nece= for the work above s ecified, and will accept as fill payment therefore the prices shown above. Accepted, Date: Contractor: XN t VI"N\j0,-QrC�A Title: 11/20/19 CC AGENDA PACKET PG 228 �N � M �a lhFeA A 15 &�N $•5 �71rYN v Ad'lFl OSN �� y� �i"` ee F v QpN 88888 VaW UmF �! 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(S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT, NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Luis Topete P.E Resident Engineer DATE: CHANGE REQUESTED BY: Luis Topete P.E. Resident Engineer DATE: Extra Work at Force Account As directed by the Engineer and pursuant to Section 4-1.05, "Changes and Extra Work" , modify the planned lighting and structural steel components at the Ming Pump Plant as shown on revised sheets ST -8, ST -12, EE -7, EE -8, EE -9 and EE -10 as included on sheets 2 through of this contract change order. In addition, provide all labor and equipment necessary to fill the existing storage box at the Ming Pump Plant to facilitate performance retesting. Compensation for all labor, materials, equipment and incidentals will be made pursuant to Standard Specification Section 9-1.04, "Force Account' and Special Provision Section 9-1.04A, "Payment'. All work shall be pursuant to the contract documents. Total Estimate of Extra Work at Force Account: $18,000.00 Extra Work at Agreed Lump, Sum Pursuant to Standard Specification Section 4-1.05, "Changes and Extra Work", compensate the Contractor for all labor, materials and equipment for performance retesting at the Ming Pump Plant pursuant to Standard Specification Section 74-1.01 D(3) "Performance Tests". For all costs associated with performance retesting, excluding the filling of the storage box with water to facilitate performance retesting, the Contractor agrees and accepts the lump sum amount of $3,939.36 and no additional compensation will be made. All work shall be in accordance with the contract documents. ACCOUNT NO (S) Total Extra Work at Agreed Lump Sum: $3,939.36 INCREASE DECREASE $21,939,36 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield. Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as Cull payment therefore the prices shown above. Accepted, Date: Contractor: 0 %� vft,,t* C., i t f Title: 11/20/19 CC AGENDA PACKET PG 231 m oq amo o r�� sit o- o Z ..0-,l ,9', NOW � Iwo mO n z au ww u 4 o � N ..a a -•<n a ,m'I .♦/ I'� �1 - ... al 3 inwW WAY +n VIP U F Q OR � r R F Q °- z W � w y » CL la a �oC I. 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(S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield, CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Luis To ete P.E. Resident Engineer DATE: CHANGE REQUESTED BY: Luis Topete, P.E. Resident Engineer DATE: Extra Work at Force Account Compensate the Contractor for the Dispute Review Board costs in accordance with Section 5-1.43E 'Alternate Dispute Resolution' of the Standard Specifications. Compensation for all work will be made pursuant to Standard Specification Section 9-1.04, "Force Account" and Special Provision Section 9-1.04A, "Payment". ACCOUNT NO (S) Total Estimate of Extra Work at Force Account: $20,000.00 INCREASE $20,000.00 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, exce t as may otherwise be noted above, and perform all services necessary for the work above specified, and will acce t as full Rayment therefore the 2rices shown above. a` Accepted, Date: Contractor: A3tr AQAJWGX l I Tltle; 11/20/19 CC AGENDA PACKET PG 238 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent — Bids o. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DAT E: 11/4/2019 WARD: Ward 6 SUBJECT: Accept bid and approve contract with MD Concrete Cutting & Demolition (not to exceed $101,040) for the Silver Creek Park pool deck repairs. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: The City operates two pools within Silver Creek Park. The pool facility is used heavily throughout the year with several swimming programs including Kern High School District (KHSD) swim teams. The existing concrete deck has shown signs of deterioration due to constant chemical and direct sun exposure, causing several areas of the deck to crack. Approximately 8 years ago, the concrete was treated with a high strength concrete skim coat to address the issue, but since has deteriorated. The project would entail the removal and replacement of the concrete pool deck sections that are most in need of repair or replacement. The KHSD has an annual agreement with City to utilize the pools for practice and swim meets. KHSD is scheduled to begin to utilize the facility beginning January 14, 2020. Staff solicited bids from contractors. Two bids were received in response to the solicitation, including: BIDDER UNIT PRICE SF 6.000 SF EXTENDED PRICE MD Concrete Cutting & $16.84 $101,040.00 Demolition J.L. Plank Inc. DBACen- $17.00 $102,000.00 Cal Construction Staff finds the bid submitted by MD Concrete Cutting and Demolition to be acceptable and recommends approval of the contract in the amount not to exceed $101,040.00. Sufficient 11/20/19 CC AGENDA PACKET PG 239 funding is available within the Recreation and Parks Department's Capital Improvement Budget within the Capital Outlay Fund. ATTACHMENTS: Description D Agreement Type Agreement 11/20/19 CC AGENDA PACKET PG 240 AGREEMENT NO. This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and MD CONCRETE CUTTING & DEMOLITION ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of concrete construction and demolition; WHEREAS, City seeks a specialist to demolish and repair concrete pool deck located at Silver Creek Park pools. 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: the complete demolition, removal and replacement to areas of the existing concrete pool deck, which includes medium broom or rock salt finish at various locations as designated by City staff for the Silver Creek Park Pool facility located at 7011 Harris Road, Bakersfield, CA 93313 as listed in attached Exhibit A of the RFP. The CONTRACTOR shall provide all technical skills necessary for successful concrete removal, forming, and pouring. 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"): A total, lump sum payment NOT TO EXCEED $101,040.00 after the Scope of Work is completed to CITY's satisfaction. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an INDEPENDENT CONTRACTOR's AGREEMENT- Over $40,000 Page 1 of 10 SAADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 241 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 $101,040.00 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on January 10, 2020. 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. b. 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 to perform the Scope of Work. All key personnel shall be properly licensed INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 2 of 10 S:\ADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 242 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 party any provision of this Agreement shall not constitute a waiver of that INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 3 of 10 S:\ADMINISTRATION DIVISION\Agreements\2019\Uver Creek Concrete Deck\Updated Template Saver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 243 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 Improvements: INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 4 of 10 SAADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 244 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applying to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's 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 INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 5 of 10 S.\ADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 245 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 party indemnified hereunder, except for CITY's sole active negligence or INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 6 of 10 S:\ADMINISTRATION DIVISI0N\Agreements\2019\Saver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edlts.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 246 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 shall prevail. All exhibits to which reference is made in this Agreement are INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 7 of 10 S:\ADMINISTRATION DIVISION\Agreements\2019\SAver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 247 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 CONTRACTOR: MD CONCRETE CUTTING & DEMOLITION 2916 Gibson Street Bakersfield, CA 93308 661-322-4201 (Phone) 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 8 of 10 S:\ADMINISTRATION DIVISION\Agreements\2019\Sever Creek concrete Deck\Updated Template Silver Creek Deck CJO Edits.Docx Updated -September 11, 2017 11/20/19 CC AGENDA PACKET PG 248 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 '?y-Z233462;Y CONTRACTOR is a corporation? Yes No (lease check one.) [Signatures on Following Page) INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40,000 Page 9 of 10 S.\ADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO Ediis.Docx Updated—September 11, 2017 11/20/19 CC AGENDA PACKET PG 249 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney CHRISTINA J. OLESON Deputy City Attorney Insurance: APPROVED AS TO CONTENT: CITY DEPARTMENT NAME 1 DIANNE HOO E Recreation and Parks Director COUNTERSIGNED: RANDY MCKEEGAN Finance Director Attachment: Exhibit A "CONTRACTOR" MD CONCRETE CUTTING & DEMOLITION By: l . o4e- WG,v Print Name rtIe: INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 10 of 10 S:\ADMINISTRATION DIVISION\Agreements\2019\Silver Creek Concrete Deck\Updated Template Silver Creek Deck CJO EdRs.Docx Updated - September 11, 2017 11/20/19 CC AGENDA PACKET PG 250 The City of Bakersfield is requesting proposals for furnishing all labor, equipment, materials and services to provide: POOL CONCRETE DECK REPLACEMENT PROJECT SILVER CREEK PARK POOL FACILITY Bids Will be received until 11:00 a.m., Wednesday October 30, 2019 at the office of Recreation & Parks, 1600 Truxtun Avenue, Third Floor, Bakersfield, CA 93301 Bids shall be clearly marked as "Silver Creek Pool Concrete Deck Replacement Project'. The City shall not be responsible for bids received late due to Offeror's failure to identify the bid as required hereunder. Inquiries regarding further information about the project should be directed to Frank Hinojosa, Parks Division at 661-326-3148 orfhinojosa@bakersfieldcitv.us Inquiries regarding directions to the office of Recreation & Parks may be directed to the office clerk at 661- . 326-3866. Job walk is scheduled for 9.00 a.m. on Friday October 25, 2019 at Silver Creek Pool Facility, 7011 Harris Road, Bakersfield, CA 93313. The purpose of the job walk is to discuss with prospective contractors the work to be performed and to allow them to ask questions arising from the initial review of this* Invitation to Bid. The City considers job walks to be critical to the understanding of the requirements of the Invitation to Bid and although attendance is not mandatory, it is highly encourag6d. 1. PROJECT NOTES A. The City of Bakersfield Recreation and Parks Division is asking the contractor to perform various pool repairs and services typically needed at City Aquatic Facilities. The contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment, supplies and transportation to provide the work specified herein.. B. Contractor shall provide and maintain all necessary safety precautions, delineation (if necessary) during the performance of the contract/work. The project area must be left in a clean and non -hazardous condition at the end of each workday. Rubbish and debris shall be removed and disposed of by the Contractor. Recreation & Parks Department 1600 Truxtun Avenue, Bakersfield, CA 93301 A 661-326-3866 FAX: 661-852-2140 11120119 CC AGENDA PACKET PG 251 -- - ---------- _.___ ------ C. All work shall be commensurate with the highest professional standards and shall be performed in a safe and competent manner, by experienced personnel in the field specific to the nature of work or service being required. Contractor is responsible for any damage done to city property during the commencement of work. D. The color and texture of any materials used will be selected by the City of Bakersfield. Contractor will provide samples, etc. for selection by the City of Bakersfield Projecf.Manager. E. The Contractor shall. take all appropriate measures to ensure the health and safety of the general public and his employees. All work shall be performed in a safe manner in compliance with the requirements of Fed -OSHA and Cal -OSHA F. The Contractor shall, without additional expense to the City of Bakersfield, be responsible for obtaining any necessary and appropriate licenses, permits, manifests and other documents for complying with any applicable Federal, State and Municipal laws, codes and regulations, in connection with the execution of the work, including those necessary when streets or alleys are to be obstructed by his operations. The Contractor shall forward to the City of Bakersfield, copies of all correspondence with .any regulatory agency. A copy of all permits must be on- site during all field activities. G. Contractor shall visit the project site prior to bidding to make himself aware of all existing conditions. All dimensions shall be obtained by the contractor for the accommodation of equipment and materials furnished and installed by the contractor. No additional fee will be accepted during construction. H. Under this agreement, the Contractor is responsible for providing a complete finished project. In no case shall any note or direction contained in these project documents be construed to allow the contractor to leave unfinished or exposed conditions. The Specifications describe in a general sense, the extent of items to be modified or installed. This description does not necessarily include a description of items to be repaired or refinished as a result of this project. in the absence of any specific direction in the contract documents, the contractor shall repair the affected areas to a condition equal to the adjacent areas and/or similar existing conditions on the project. The Contractor shall guarantee that all work done under this agreement shall be free from faulty materials and/or workmanship, and hereby agrees to repair or replace without cost and to the satisfaction of the City, all defects or imperfections appearing in said work for the period of one year from the date of the filing of the Notice of Completion or final acceptance. PROSECUTION OF WORK FOR POOL CONCRETE DECK REPLACEMENT 1. PROSECUTION AND INSPECTION OF WORK Contractor shall give full attention to the work required under the contract. Contractor is responsible for the completion of all work set out in the contract and will be held strictly to the true intent of the contract regarding the quality and quantity of work and the diligent execution of the contract. The City shall have the authority to suspend the work, wholly or in part, for such period or periods, as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the Contractor to carry out the provisions of the Contract. The Contractor shall not suspend operation without the City's permission and/or approval. The City- may employ all reasonable means to ensure that the work is progressing and being performed in accordance with the contract. Oral Agreements. No oral order, objections, claim or notice by any party to the other shall. affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be -waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof, in writing, and no evidence shall be introduced in any proceeding ofany other waiver or modification. Care of Existing Structures. The Contractor shall be held responsible for any breakage, loss or damage of the City's equipment or supplies or to property owned by the City or the public, including any damage done through the negligence of the Contractor or his employees while performing the work specified herein or working on the, City's premises. Contractor shall be responsible for restoring or replacing any equiment, facilities, structures and surfaces so damaged. Contractor shall immediately report to the City any damages to the premises resulting from services performed or goods supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract. Clean -Up and Disposal of Materials. During performance and upon completion of work on this contract, Contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris generated by Contractor's work, and legally dispose of some off City property, at Contractor's expense, unless otherwise directed by these specifications (salvaged materials). At no time shall debris be allowed to fall or accumulate in the roadway or onto adjacent property, but shall be retained within the designated operating area. Contractor shall leave entire area in a neat, clean and acceptable condition as approved by the City. Rejected Work and Material. All materials which do not conform to the 'contract documents, are not equal to the samples approved by the Project Manager, or are in any way unsatisfactory or unsuited to the purpose for which they are intended shall be rejected. Any defective work, whether the. result of poor workmanship or quality, or any other cause, shall be removed within ten (10) days after written notice is given by the Recreation & Parks Department 1600 Truxtun Avenue, Bakersfield, CA 93301 661-326-3866 FAX: 661-852-2140 11/20/19 CC AGENDA PACKET PG 253 Project Manager, and the work shall be re -executed by the Contractor. The fact that the Project Manager may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Compliance with Laws. , Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations, which in any manner affect those engaged or employed on any work, or the materials and equipment supplied or used in the work, or in any way affect the performance of the work. In addition, to all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. Attention is specifically drawn to the requirements of FED -OSHA and CAL- OSHA, Labor and Prevailing Wage Requirements In accordance with the California Code of Regulations (CCR), Title 8, any contract entered- into pursuant to this notice shall incorporate all applicable provisions of the State of California Labor Code, including those pertaining to Apprenticeship Employment Standards.' Any contractor to whom a contract is awarded, and any subcontractor under him, shall pay all workers employed -on the project not less than the prevailing wage rates of per diem wages in the locality in which the work is to be performed for each craft, classification or type of worker needed to execute the contract, including employer payments for health and welfare, pension, vacation apprenticeship and similar purposes, as these wage rates are determined by the Director of the Department of Industrial Relations. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work shall be at least time and one half. The general prevailing rate of wages can be obtained from the California Department of Industrial Relations via the Internet @ www.dir.ca.gov or by phone at 415-703-4780. Said wage rates are also on file at the City offices and will be made available to any person upon request. Bidders are responsible for ensuring that the proper rates are paid. No adjustments to the contract will be made due to bidders' failure to obtain the proper wage rates. The wage rates will be incorporated by reference a requirement in any resultant contract. Contractor Safety Duties. In accordance with generally accepted construction practices and state law, Contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The Contractor agrees that he shall, for all purposes, take exclusive control of the sites of work and shall maintain the sites and areas adjacent thereto in a reasonable, secure and safe manner. . 2. EXECUTION OF WORK Expansion Joint Sealing. Expansion joints shall have all existing material removed; the joint shall be clean and free of dirt/debris. Any joint over 1/2" deep shall have closed cell backer rod installed to reduce the space being filled to no more than 1/2" deep. The joint shall be taped/masked on both sides, filled flush with Sikaflex® Self Leveling Sealant and troweled smooth. The tape shall then be removed before the sealant fully cures to provide straight and defined edges. All expansion joint sealant shall be installed in concurrence with industry standards. Full compensation for conforming to the Recreation & Parks Department 1600 Truxtun Avenue, Bakersfield, CA 93301 661-326-3866 FAX: 661-852-2140 11/20/19 CC AGENDA PACKET AM PG 254 requirements of this article shall be considered as included in the various items of work and no additional compensation will be allowed therefor. Concrete Removal and Replacement. Concrete removal and replacement shall include but is not limited -to the saw cutting and removal of existing concrete. The replacement of the concrete to a depth no less than that of the existing concrete to be removed with a medium brushed or salt finish to match existing, and any expansion joints filled with Sikaflex@ Self Leveling Sealant. Concrete Removal and Replacement shall be bid by the sguare foot and include the saw cutting ng, removal, replacement, rein disposal, and any other materials and equipment required in the unit cost. apart. Rebar Dowelina Rebar dowels shall be #4 in size, 12" in length and spaced at 12" 1/2" diameter holes shall be drilled in existing concrete no less than 10" in depth. Each dowel shall be anchored by the use of an epoxy adhesive inside the hole drilled into the existing concrete. Rebar Doweling shall be included in full compensation for conforming to the requirements of this article shall be considered as included in, the various items of work and no additional compensation will be allowed therefor. Concrete. Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318 and State of California Department of Transportation Standard Specification Section 51 "Concrete Structures" and Section 90 "Portland Cement Concrete": Strength: The minimum ultimate (28 days) compressive strength of all structural concrete shall be 3500 psi. Concrete Mix: All structural concrete shall be Class "2" with Type 11 Portland Cement,. The maximum size of aggregate shall be I inches. Slump: The amount of water used for mixing (including free moisture carried by the aggregate) shall not exceed the maximum necessary to produce a 4 inch slump as determined by ASTM test method C-143. Placing: Concrete shall be placed in accordance with Section 51-1.09 "Placing Cor'Icrete" of the Standard Specifications. Forms: All fdrmwork shall conform to Section 51-1.05 "Forms" of the Standard Specifications. All reinforcement,shall conform to ASTM A-615 grade 60. Welded Wire Fabric: ASTM A185 Reinforcing steel shall be detailed, fabricated, and placed in accordance with the latest ACI Detailing Manual and Manual of Standard Practice. The contractor shall not pour any concrete when daily ambient temperature is below 55 degrees Fahrenheit. AM Recreation & Parks Departmdnt AM AMEM 1600 Truxtun Avenue, Bakersfield, CA 93301 11111111111111M 661-326-3866 FAX: 661-852-2140 11120119 CC AGENDA PACKET PG 255 - M1, l0J22Qk0L*Jk*4VAJL Bids Will be received until 11:00 a.m., Wednesday October 30, 2019 at the office of Recreation & Parks, 1600 Truxtun Avenue, Third Floor, Bakersfield, CA 93301, Bids shall be clearly marked as "Silver Creek Pool Concrete Deck Replacement Project". The City shall not be responsible for bids received late due to Offeror's failure to identify the bid as required hereunder. Having carefully examined the Request for Proposal documents. The undersigned proposes and agrees to provide to the City of Bakersfield for Pool Concrete Deck Replacement, the following proposal: Item Estimated Unit of Item Description Unit Price Extension Price (in No. Quantity Measure (in Figures) Figures) 6000 SF Concrete Removal and Replacement, including $16.84 $101,040.00 medium broom or rock salt finish. 1 Bid Total: $101,040.00 The Extension Price shall be calculated by multiplying the Estimated Quantify by the Unit Price. Bidder agrees that in case of any discrepancy between the Unit Nce(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices. The bid will be awarded based on the correctly computed Bid Total. All construction shall conform to industry standards. Said standards may be modified by the City on a projecf-by-projecf basis for work under this contract. The City's estimate of the quantifies of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids. . The City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or . expedient by the City d e to budget or other constraints. 10/29/19 a r. tho ize epresentative Date STATE OF CALIFORNIA — DEPARTMENT OF INDUSTRIAL RELATIONS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 420603 San Francisco, CA 94142 FROM: City of Bakersfield 1600 Truxtun Ave Bakersfield, CA 93301 AWARDING AGENCY ID NUMBER If you do not have an ID number please contact DAS EXTRACT OF PUBLIC WORKS CONTRACT AWARD A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: 1. NAME OF GENERAL CONTRACTOR 2. CONTRACTOR'S LICENSE NO r>i 1 3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) U4. CITY 1 S. ZJP CODE 8. TELEPHONE NUMBER 13�f 5 N �} t✓r; Cki +• z —(0,51 - 7. GENERAL CONTRACTOR'S CONTACT EMAIL ADDRESS 8. ADDRESS/LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND COUNTY, 7011 Harris Rd. Bakesfield 97 NAME OF PROJECT Silver Creek Pool Deck Repairs sa. county Kern 10. CONTRACT NUMBER 11. PROJECT NUMBER DOLLAR AMOUNT OF CONTRACT AWARD POC304 u12. R D o 13. FIRST ADVERTISED BID DATE 14 CONTRACT AWARD DATE 12a ESTIMATED TOTAL PROJECT COSTS, IF DIFFERENT FROM ITEM 12 (see instructions). MONTH DAY YEAR MONTH DAY YEAR 15. WHICH STATUTE, IF ANY, APPLIES TO THIS PROJECT? None of these statutes apply 16. STATE CONSTRUCTION BONDS YES W NO If YES, List the Sources and Dollar Amount of Bond Proc ds: 17. WILL YOU OPERATE A DIR-APPROVED LABOR COMPLIANCIET SOURCES DOLLAR AMOUNT PROGRAM (LCP FOR THIS PROJECT? © YES NO 18, IS THERE A PROJECT LABOR AGREEMENT (PLA) ASSOCIATED WITH THIS PROJECT? /fyes, please email a copy to cawriandicca.aoEl v YES NO 19. STARTING DATE (ESTIMATED OR ACTUAL) 20. COMPLETION DATE (ESTIMATED OR ACTUAL) 11/20/2019 01 /10/2020 (MMlDDJYYYY) (MM/DD/YYYY) 21. BRIEF DESCRIPTION OF WORK TO BE PERFORMED 22 DEW CONSTRUCTION REMODELING Pool Deck Repairs ✓ ALTERATION. DEMOLITION, REPAIR OR MAINTENANCE 23. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BEE OYED BY THE CONTRACTOR(S) Teamster Tile Workers Please list Sub -contractors and their worker classifications on page 2 24. Is language included in the Contract Award to effectuate the requirements of YES NO sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code? 25. SIG 26. TITLE 27. DATE 28. P D TYPED NAME 29. E-MAIL D SS 30. TEL PHO E BERS p1"e1V /� d If different from above, name, title, and contact infonilation of person responsible for carrying out Awarding Body's LCP or CMU responsibilities. 31. NAME 32. TITLE 33. E-MAIL ADDRESS 34. TELEPHONE NUMBER Rajan U. Mistry Business Manager rmistry@bakersfieldeity.li (661) 326-3011 Duplication of this form is permissible DIR-PWC 100 (rev. 10'11) successor to the DAS 13 form 11/20/19 CC AGENDA PACKET PG 257 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent— Miscellaneous p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 11/6/2019 WARD: Ward (s) 1, 2, 3, 4, 5 SUBJECT: Appropriate $256,134 Transportation Development Act Article 3 (TDA 3) grant funds to the Public Works Department's Capital Improvement Program budget in the Bikeway and Pedestrian Pathway Fund for the following projects: Pedestrian Improvements (Brundage Lane); Downtown Bicycle Parking; Downtown Pedestrian Outreach; Pedestrian Count -down Timers (15 intersections within the City of Bakersfield); Kern River Bikepath Rehabilitation (Beach Park to Manor Street); and Pedestrian Improvements (L Street). STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The City received six grants totaling $256,134 in TDA 3 funds from the Kern Council of Governments for bicycle and pedestrian -related activities. These grant funds are awarded under three categories: infrastructure, bicycle parking, and education and outreach. The City applied for and received the maximum amount of available funds under the categories of bicycle parking and education and outreach; whereas, infrastructure does not have an award limit. City staff recommends appropriating the funds as follows: Bicycle Education and Community Outreach - $2,000 Bike Bakersfield will conduct several community outreach and education events to increase the awareness of bicycle and pedestrian safety and the many benefits of bicycling for health and transportation. Events can be tailored for youth and/or adults and may be held at parks, community centers, or schools. Downtown Bicycle Parking - $3,000 This grant includes purchasing and installing bicycle parking racks in locations including, but not limited to, the downtown area. The bicycle parking racks may include the current decorative (bicycle -shaped) racks found in the downtown area. Additional styles may be considered as well. 11/20/19 CC AGENDA PACKET PG 258 Pedestrian Count -down Timers - $56,100 The grant includes installation of pedestrian count -down timer heads at 15 signalized locations throughout the City of Bakersfield. Kern River Bikepath (Beach Park to Manor Street) -$100,000 The grant includes rehabilitation of approximately 3.3 miles of existing Class I bikeway between Beach Park and Manor Street. The existing facility is a bike trail with no striping, shoulders and signs. The proposed rehabilitation provides the bike path with new pavement surface, striping, and pavement markings. The total project cost is $300,000. The Kern Council of Governments is awarding this project in two phases: $100,000 in Fiscal Year (FY) 2019-20; and $200,000 in FY 2020-21. Pedestrian Improvements (Brundage Lane) - $48,103 The grant includes constructing pedestrian access ramps per the Americans with Disabilities Act (ADA) on Brundage Lane from Oak Street to Pine Street and from H Street to Chester Avenue. This project allows for a safer path of travel for pedestrians. The total project cost is $113,400. The Kern Council of Governments awarded this project in three phases: $17,195 in Fiscal Year (FY) 2017-18; $48,103 in FY 2018-19; and $48,103 in FY 2019-20. Pedestrian Improvements (L Street) - $46,931 The grant includes constructing pedestrian access ramps per the ADA on L Street from Truxtun Avenue to 23rd Street. This project allows for a safer pathway for pedestrians. The total project cost is $95,865. The Kern Council of Governments awarded this project in two phases: $48,934 in FY 2018-19 and $46,931 in FY 2019-20. Staff anticipates completing the design of the above referenced projects by March 30, 2020; construction of the projects beginning summer 2020; and completion of the projects by December 31, 2020. The Ione exception would be the Kern River Bikepath project, which will complete construction by December 2021 due to delayed release of funds. 11/20/19 CC AGENDA PACKET PG 259 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Consent— Miscellaneous q. TO: Honorable Mayor and City Council FROM: Tessa Andrews, Treasurer DAT E: 11/8/2019 WARD: SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $3,546.64 and forward non bankrupt accounts to a collection agency for additional collection efforts. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive costs. Accounts not involving bankruptcy will be forwarded to a collection agency (Collection Bureau of America) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. By sending accounts quarterly, we anticipate that recovery percentages will increase. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) $2,153.64 Fire & Fire Safety (Environmental Services) 1.393.00 Total $3.546.64 Total billing for the current fiscal year through September 2019 is roughly $54 million. The private sector uses 1-2% as an acceptable write off benchmark. Bankruptcy proceedings make up 16.40% ($581.76) of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 30 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority attention. ATTACHMENTS: 11/20/19 CC AGENDA PACKET PG 260 Description Type Accounts to be written off Backup Material 11/20/19 CC AGENDA PACKET PG 261 Fiscal Year 2019-20, 1st Quarter Utility and Accounts Receivable Write -Off Items ACCOUNT NAME MARIE CALENDERS #182 MARIE CALENDERS #182 SEARS ROEBUCK AND CO #1318 PYRAMID OIL CO HONAKER GLASS & SEEBODE KERN SUPPORTIVE SERVICES INC BROWDER, LEAH MONTY VISTA PROS CORP INC TUCKER, DARRELL & LISA TANG, TIFFANY XIAO BILLINGTON INSPECTIONS 3400 CALLOWAY DR LLC ALL TIME HIGH FIDENCIO LEAL 1818 Q ST PARTNERS VERITIV EXPRESS-BAKERSFIELD NARDUCCIS CAFE CUBAN CAFE PEKING PALACE INSPIRE NAREZ, JESUS & DOMITILA DUHN INVESTMENT DELGADO, REFUGIO 11/20/19 CC AGENDA PACKET PG 262 TRASH RISK RESPONSIBLE PARTY ACCOUNT NUMBER SEWER MGMNT MARIE CALENDER PIE SHOPS LLC 223185 11484 102.57 MARIE CALENDER PIE SHOPS LLC 223463 11484 44.06 SEARS ROEBUCK AND CO #1318 251515 11104 435.13 PYRAMID OIL CO 4929 4928 139.92 HONAKER, JAY J 15263 371836 113.24 KERN SUPPORTIVE SERVICES INC 18945 12238 27.30 BROWDER, LEAH 217561 142750 33.23 MONTY VISTA PROS CORP INC 228089 5040 319.05 TUCKER, DARRELL & LISA 247781 4248 67.38 TANG, TIFFANY XIAO 249361 154304 30.29 BILLING INSPECTIONS INC 249767 3322 27.85 3400 CALLOWAY DR LLC 249931 631158 65.70 UNKNOWN 250113 934664 81.90 FIDENCIO LEAL 250667 1860 298.19 1818 Q ST PARTNERS 252145 10640 367.83 UNISOURCE WORLDWIDE INC 107950 ES NARDUCCI'S CAFE BAKERSFIELD INC 74310 FI ANDREU ALVAREZ, RULEYDIS J 110028 FI TSAN, HONG KIN 101127 FI YEON, JYA HUAN 107291 FI NAREZ, JESUS & DOMITILA 97637 FI DUHN INVESTMENT 107917 FI DELGADO, REFUGIO 108655 FI 2,153.64 0.00 11/20/19 CC AGENDA PACKET PG 263 REASON POLICE FIRE OTHER 0.00 1,393.00 0.00 3,546.64 11/20/19 CC AGENDA PACKET PG 264 BANKRUPTCY BANKRUPTCY BANKRUPTCY UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE UNABLE TO LOCATE 219.00 DISSOLVED CORP 96.00 DISSOLVED CORP 196.00 UNABLE TO LOCATE 98.00 UNABLE TO LOCATE 98.00 UNABLE TO LOCATE 98.00 UNABLE TO LOCATE 294.00 UNABLE TO LOCATE 294.00 UNABLE TO LOCATE 0.00 1,393.00 0.00 3,546.64 11/20/19 CC AGENDA PACKET PG 264 d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 Public Safety/Vital Services Measure r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 6/27/2019 WARD: Ward 6 SUBJECT: Accept and approve Design Consultant Agreement with Verde Design ($584,051) for the Master Plan Update and Design Services for the Kaiser Permanente Sports Village Phase 4. STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Kaiser Permanente Sports Village Project is located on a 220 -acre site on the north side of Taft Highway between Gosford Road and Ashe Road. Construction of amenities for Phases 1, 2 and 3 of this multi -phased project are complete. Phases 1 and 2 amenities included soccer fields, lighting, concession stands, parking, roadways and underground utilities. Phase 3 consisted of tot lot play area, restroom building, lake modifications, shade pavillions, street lighting, parking lot lighting, parking lots, roadways, passive areas and a championship stadium/field with seat walls, entry plaza and musco sports lighting. This contract will include the Master Plan Update of the facility to show modifications and updates to the existing improvements due to changes that were made as well as the future improvements that will be constructed. The original Master Plan was completed over 10 years ago so modifications to the plan are necessary. Once the consultant completes the Master Plan update they will be given authorization to proceed with the design of the Phase 4 improvements. Phase 4 of the Kaiser Permanente Sports Village Project will include football fields, sports lighting, roadways, parking lots, roadway lighting and parking lot lighting, passive areas, a pre- fabricated restroom/concession stand, irrigation and landscape improvements. The City issued a Request for Qualifications/Request for Fee Proposal (RFQ/RFP) for Engineering Design services for Phase 4 of the project. The consultants responding to the RFQ/RFP were required to have expertise in designing large-scale sports complexes and other sports related facilities. The following four (4) firms responded to the RFQ: SC Architects (Bakersfield, CA) Verde Design (Santa Clara, CA) 11/20/19 CC AGENDA PACKET PG 265 KTUA (San Diego, CA) RRM Design Group (San Luis Obispo, CA) Based on a review of their proposals, the Selection Committee, which consisted of staff from the Public Works and the Recreation/Parks Department, invited all four (4) of the firms listed above to interview with the committee. The Selection Committee recommends award of the agreement to Verde Design based on their combination of qualifications and fee proposal being the most favorable to the City. Staff recommends approval of this agreement. Sufficient funds have been budgeted for award of this agreement. Public Safety and Vital Services Measure (PSVS) Funds provide the funding source for the Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase 4 Project. ATTACHMENTS: Description ❑ biue IV]emo ❑ Design Consultant Agreement -Verde Design ❑ ExhibitA-RFP ❑ Exhibit B -Verde Proposal Type Cover Memo Agreement Exhibit Exhibit 11/20/19 CC AGENDA PACKET PG 266 BAKERSFIELD THE SOUND OFC5WYt4 t ,' CITY CLERK'S OFFICE MEMORANDUM November 20, 2019 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JULIE DRIMAKIS, CITY CLERK SUBJECT: COUNCIL MEETING NOVEMBER 20, 2419 AGENDA CONSENT CALENDAR ITEM 8.r. The signed Agreement had not yet been returned to Staff at the time of publication of the Agenda for today's meeting. However, subsequent to the publication of the Agenda, a signed copy of the Agreement was received and is attached for review. No other changes to the content of the Agreement have been made. 11/20/19 CC AGENDA PACKET PG 267 AGREEMENT NU DESIGN CONSULTANT AGREEMENT This DESIGN CONSULTANT AGREEMENT is made and entered ("Effective Date"), by and between the BAKERSFIELD, a municipal corporation ("CITY"), and VERDE DESIGN, California Corporafion ("DESIGN CONSULTANT") R E C I T A L S into on CITY OF INC., a WHEREAS, CITY is currently developing the site master plan update, construction documents and design for Phase IV of Kaiser Permanente Sports Village (the "Project"); and WHEREAS,: since CITY does not have experfise currently on staff to design and engineer the Project, CITY has issued a Request for Qualifications/Request for Proposal f "Request"] for those services; and WHEREAS, affer reviewing the Request, including the Technical. Provisions dated. October 15, 2019, and being satisfied that it understands the Project`s requirements, DESIGN CONSULTANT has submitted a response to the bequest, which. includes a scope of work and cost proposal; and WHEREAS, DESIGN CON5ULTA ,NT re presents that it is experienced in the fields of design and engineering as required for the Project and that all of its officers, partners., and/or principals are licensed professionals in engineering, design, or similar professional dreas with the appropriate professional degrees, and WHEREAS, DESIGN CONSULTANT also represents that it has an adequate. number of properly licensed and. experienced employees on its staff to accomplish the Scope of Work, as defined. below, and that it is competent fo undertake the Scope of Work; and WHEREAS, based an these representafions and all Cather representations made by. DESIGN. CONSULTANT to. CITY, CITY desires to retain.DESIGN CONSULTANT to perform the Scope of Work. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree as follows.: DESIGN CONSULTANT AGREEMENT. -- Page ] of iZ S: PRC]JECi5�2r719-2ffZ��P4K2a4-K�isei Permanenle Sports Alloge Phase 4\ConsultanfSlRF RFP\iwo.5(ep Process'\Second 53ep 0acvmenls\6 Des gn Consullant.Agr SV4.pOck Updated—July 1, 2014 11/20/19 CC AGENDA PACKET PG 268 1. SCOPE DP WORK. In exchange for the Compensation (defined below).. DESIGN CONSULTANT must competently and. thoroughly design and engineer the Project as more specifically described in. the Request, attached as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT's scope of work, attached hereto as Exhibit B and incorporated herein by this reference (collectively, the project description in the Requesf and DESIGN CONSULTANT's scope of work are referred to as "Scope of Work"). 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. COMPENSATiONIPAYMENT PROCEDURE. In exchange for performing the. Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows.(" Compensation"): 2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, overhead, and other direct costs.) in an amount not to exceed $584,051 exclusive of any fixed fee.. Actual costs shall not exceed the estimated wage rates and. other costs set forth in DESIGN CD_NSULTA NT's cost proposal. CITY will pay DESIGN CONSULTANT Within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice i5 approved by CITY. The Compensation will be the total amount paid to DESIGN CONSULTANT 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 DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $584.051 for performing the Scope of Work. 3. PERM. Unless terminated` sooner as set forth herein, this Agreement shall terminate an December 31 2022. 4. TERMINATION FOR CAUSE. if at any tirne CITY becomes dissatisfied with the DESIGN CONSULTANT'S performance under this Agreement, CITY may terminate this. Agreement after providing DESIGN CONSULTANT with ten - days Written} .notice. 5. STARTING WORK. DESIGN CONSULTANT 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. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than Se tember 30. 2020. DESIGN CONSULTANT AGREEMENTPage 2 of 12 S,\PROJECTS%*9-2020VOK234-Kd5er Permor ente Sports Village .Phose a\Co ns Aonls\RFQ._RFP\Two Step ProcesA5ecand Step }DOCUMenIS\4 Design Cansullanf hgr_SV4:Doc% updated—July 1, 2019 11/20/19 CC AGENDA PACKET PG 269 7. CONTRACT ADMINISTRATOR. CITY`s Contract Administrator is: NovdQ Grewal City of .Bakersfield 1600 Truxtun Avenue .Bakersfield, California- 933031 Telephone: (661) 326.3363 DESIGN CONSULTANT's Project Manager shall be designated as: Chris Gicinnini Verde Design, Inc. 3685 Main Street, Suite 350 Riverside, CA 92501 Telephone: (909) 208-9785 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT, respectively. 8. COMPLIANCE. WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT'S sole cost, comply with all applicable requirernenfs. 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 DESIGN CONSULTANT's performance of the. Scope of Work as an independent contractor. DESIGN CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to J ts employees. This Agreement shall not be construed as forming. a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. 10. DIRECTION. DESIGN CONSULTANT retains. the right to control of direct the. manner in which the services described herein are performed. DESIGN CONSULTANT AGREEMENT Page 3 of 12 S: PFbiECi5\2019.2020VUK234-Keiser Permanente Snorts Village Prase 41Consuiiants\OMFF\Iwo Step Proc s51Second Step 60C0mernts\6 Design Conk Agr S.V4.DOCX Updated—July %:2019 11/20/19 CC AGENDA PACKET PG 270 11. EQUIPMENT. DESIGN CONSULTANT will supply all equipmenf, tools, materials and supplies necessary to perform the services under this Agreemenf. 12, KEY PERSONNEL. DESIGN CONSULTANT shall name ail 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. DESIGN CONSULTANT 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, DESIGN CONSULTANT shall not change such personnel without CITY's written approval. 13. LIICENSES, DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense; have. at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required #or DESIGN CONSULTANT to practice its profession in the State of California and perform the Scope of Work. DESIGN CONSULTANT must also. ensure that all employees or subcontractorsassigned to perform any portion of the Scope of Work are properly licensed. If DESIGN CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. if DESIGN CONSULTANT is a partnership., at least one partner shall hold the required licensees or professional degrees. DESIGN CONSULTANT must provide proof that the requirements of this section are met when requested by CITY. 14, CONFLICTS OF INTEREST. DESIGN CONSULTANT hereby represents. that: both corporately and individually the firm and its empioyees acid subconsul tonts: 14.1 Do not have, and will not have, financial interest in either the success. or to of any project which is dependent upon DESIGN CONSULTANT'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 maybe awarded The contract to construct the Project. 15. 5B 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 fisted in a bid proposal, be subject to the requirements of Section 41.04 of the Public Contract- Code, or engage in the performance of any contract for public work, as defined in this. chapter, unless currently DESIGN CONSULTANT AGREEMENT Page 4 of 12 SAP R0JECFS`<24i4-2620', GQ84-raiser PerFina0ente Sports vEfloge.Phase k\Cans-1llanls�RF(Z„RFP\;wc Step F'roceW6ecvnd.5iep Doc umenfs\6 beSign Consulturlt Ago 5V4:paex Updrated — .tiny 1.2019 11/20/19 CC AGENDA PACKET PG 271 registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of i_abor Code Section 177.1.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the. Business and Professions Code or by Section 10154 or 20103.5 of the l ublic Contract Code, provid.ed 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. nofiCes 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, 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 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, DESIGN CONSULTANT must procure and rnointain, 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 clairns 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 neat fess than $1,000,000 per occurrence: 18.1.3 Commercial general liabilliy 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 trot less than:$1,000,000 per occurrence. The policy mast: DESIGN CONSULTANT AGREEMENT Page 5 of 12 S:\PRO IECiS\2019-2020\?0Y,234-Kalse! PPrmanenfe Spar#s Village Phase n,;Ul larih\ P rQ_R FPVW0 81 e Frace5SV6CnrTd 51 e oocurr�ents\6 0earga Cartisyll.dnt Agr,SV4,0orx Updated—July 1,2419' 11/20/19 CC AGENDA PACKET PG 272 18.1.3.3 Provide contractual liability coverage for the terms of this Agreement;. 18.1.3.2 Provide products and completed operations coverage; 18,7,3.3 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` com p ensation insurance with Iimits of not less -than $1,000,040 per occurrence. in accordance with the provisions of labor Code Secfion .3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, DESIGN CONSULTANT must submit to CITY the fallowing certification betore beginning any work.on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured dgainst Iiabilify for worker's compensation or to undertake. self-insurance in accordance with the provisigns. of that. Cade, and I will comply with such provisions: before commencing the performance of the work of this contract. By executing this Agreement, DESIGN CONSULTANT is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council; officers, agents,. employees; and designated volunteers. 18.2 General Provisions Applying to All Insurance Types. 18.2.1 All policies required of DESIGN CONSULTANT must be. written on a first -dollar coverage basis, or contain a deductible .provision.. Subject to CITY's advance approval, DESIGN CONSULTANT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added. by endorsement or DESIGN CCr•ISUVANT AGREBlAENT Page 6 of 12 SAPROJECT$�2019-2020\P0K234-KdserPerm one nfe Sporfs Village Phase � W0mull onIs-\RFQ RFP\Two Steq. PMce5S�Second .5.lep Documents\d 1)esign CgmulIanI AQCW4.porx Upodte0i July. i .2019 11/20/19 CC AGENDA PACKET PG 273 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 regOre d of DE.51GN CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, agents,. ern pioyees,. or designated volunteers and any insurance or self-insurance maintained by CITY and its .mayor, coun.cii, officers, agents, employees, and designated volunteers must be excess of DESIGN CONSULTANT'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 retenfions, or insurance in lesser amounts, or lack of certain types of insurance ofherwise required by this Agreement, or insurance rated below Best's A-:Vlf,. 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 CIT'Y's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 18.2.5 Full compensafion for all premiums which the DESIGN CONSULTANT 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 regUired by extensions of the policies of insurance. 1.8.2.6 It is. further understood and agreed by DESIGN CONSULTANT that its. liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and. carried by DESIGN CONSULTANT in connection with this Agreement. DESIGN CONSULTANT AGREEMENT Page 7 of 12 S:\FR 2020\POK234�Kaiser Perinone .n#e Sports VMage Phme Awonsullan}s\RFQ, RfFI1Two Sten Process!Seeond Slop Documenls\s Desion r-ohsultanl Rgr_SW.Dou Updaled—July 1..2039 11/20/19 CC AGENDA PACKET PG 274 18.2.7 Unless ofherwise approved by C€TY, if any part of fhe 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 DESIGN CONSULTANT, 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 DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and .DESIGN CONSULTANT shall pay on demand,. all costs of notification. 20. INDEMNITY. 20.1 DESIGN CC NS U LTAN T sh all 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 DESIGN CONSULTANT`s negligence. fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected. with, or caused by DESIGN CONSULTANT or DESIGN CONSULTANT's employees, agents, independent contractors; companies, or subconfrac#ors 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 octive negligence or willful misconduct.. 20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY and CITY's officers agents and employees against any and all liability, clairris, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, orwillful misconduct of DESIGN CONSULTANT. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the. business, the design professional. shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited. as provided in fhis section. This section shall not be waived or modified by DESIGN CONS.WANT AGREEMENT Plage 8 of 12 5;'<P90JECfS\2ff1Permnneraie Spnr1S Viiiage. Phase 4\C0nsvitan1s\RFQ_RFP%TW0 S}ep Process\Secand Step GocuCnerils\k IaeS gn Cpnsul.Iont Aq.' SV4.00CX UpdaIe.d--July 1, 2019 11/20/19 CC AGENDA PACKET PG 275 contractual agreement, act, or omission of the parties. 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, obllgations: 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 assignedor transferred by any party. Any such assignment is prohibited, and sha11 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, DESIGN CONSULTANT may have disclosed to it information of a. legal and confidential nature, and such information could severely damage CITY if disclosed to oufside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly;. either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents. DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT 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. DESIGN CONSULTANT shall maintain accurafe accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSUL:TANT's office during the term of this Agreement; and for a period of three years from the dote of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business. hours. 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 forfh in this Agreement. DESIGN CONSULTANT AGREEMENT page 9.61 12 SAF ROJECISt2619-2620\ pd pj 4- Kousei.Fermanenfo Sports Villogre Prase 4\ Consult andsVFQ!_R \.TWd:Step ftcess\Second slop Doaunjent (]esign Combo nl. Rg-SV4.0.0Cx Updcled - July 1, 2019 11/20/19 CC AGENDA PACKET PG 276 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. Itis the product of renegotiation 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 w6 ing: approved by the City Council and signed by all the parties. 33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by CITY. 34. NON-INTEREST. No CITY officer or employee shali 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 DESIGN CONSULTANT AGREEMENT Page 10 of 12 S �PROJECfS�Z�19-2Q20\Pb1C23d-Kq�ser Permanente 5parts viilgge.Fhase 41Cansujjants\RFQ RCP\Twn Step Process\second Siep ❑acuments\6 Design caruulIant Agr 5VAIDUGx Up doledrJuly 1.2014 11/20/19 CC AGENDA PACKET PG 277 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 HALF. 1 600 Truxtun Avenue Bakersfield, California 93301 DESIGN CONSULTANT: Verde Design, Inc. 2455 The Alameda Santa Clara, CA 9.5050 36. RESOURCE ALLOCATION. All CI..TY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the Cify Council. 37. TITLE TO DOCUMENTS, All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, becorne CITY property.. 38. TALC NUMBERS. DESIGN CONSULTANT's Federal Tax ID Number .20-8974203 DESIGN CONSULTANT is a corporation? Yes X No (Plecrse check One_) j5ignatures on Following Page] }ESIGN CONSULIW AGREEMENT Page I I of. 12 S.�PR()JECTS\2014-2020\PGK234-KaiserPerman6nfe SOorfs V!IIage Phase 4\.0ons ultan fs\RFC -RFP ,TNQ Sfep P.rocess \Secarrd Siep DaeurrlerAs\S k]eslgn CcMultonl..Agr 5V.4.0aGx Updated --July 1, 2019 11/20/19 CC AGENDA PACKET PG 278 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. "CITY" CITY OF B:AKERSFIELD By. KAREN GOO. Mayor APPROVED A5 TO CONTENT. PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARG City Attorney M RICHARD ICER Deputy City Attorney Insurance, COUNTERSIGNED: 2 RANDY MCKEEGAN Finance Director Attachments_ Exhibits A and B "DESIGN CONSULTANT" VERDE DESIGN, INC. l y}y} ffi � If iN `i �q� Type Or PrinF'Wnmt: _fi r• � :e DESIGN CONSULTAW AGREEMENT _.._._._._. _.... Page 12 of 12 Sr�PPOJEr'VA2Stg-MMPOK234-KaisF,rFVM0ne„Vi fqgL flys&se 4\CQn=l�MIF.RFQ-RF10\v4vc Sleep Pro unssl5e--an S!ep updotcc!--Ay 1.2«I� 11/20/19 CC AGENDA PACKET PG 279 SCOPE OF WORD PROJECT UNDERSTANDING The. scope of work will consist of a two-step. approach, The first: step will be fo revise and update the. piaster pian for the remaind.er.of the City of 80 kers field's (City) park. facility. which will provide anolysis and rnod.ificc fions far building out the remaining. phases and amenities of the facility: The roaster plain shall also include the portions of the site: that have already been constructed so that the. updated master plan will depicf the complete visiori for the site in a seamless -and cohesive manner. The second step: is to. design Phase N of the. facility, which will consist of five 15) nairsraf turf football fields, field lighting far four (4) of.tho five 0) fields, fenced prefabricated restroom building and prefabricated concession building (level. 2), three (3) parking lots, parking lot lighting, roadway improvernents, street lighting, sidewalks/pedestrian routes, passive areas, site fighting and landscape and irrigations improvements. Phase IV will also 'include the conversion of four existing football fields into soccer rields and. the connection of McKee Rood to Road. 3. Ail necessary wet and dry utilities for Phase IV improvements will be included asweli as but limited to: Potable woer with drinking.fountains..quick coupler valves, fife sprinklers if required and 15ire hydrants a Potable -water line extension to existing irrigation pump skid asbackup. water source U.psizing approximately 400 linear feet of existing. pofable.water line from 8" to 16" diameter Connection and reconnection of necessary wafer. meters • Reclaim.ed water line extension to. future {third) pond .location_ Electric power, including colcul iting size and location of new PG&E service site and security lighting. Communication -systems Maxicom capable.irrigalion control systems • Sanitary sewer collection system a Storm water:collection and disposal system . to VERDE DESIGN Possible pipling system to pump pond Water back to wastewater treatment plant percolefion ponds in case: existing pond reaches.. overflow stage (the City is considering options of tying into the exis.tino irrigation system to accomplish this) SCOPE OF SERVICES. Verde Design proposes -to provide the following services. in accordance with our above stated understanding of the project. Ali design work will be developed in AutoCAD: STEP ONE. - MASTER PLAN UPDATE- PRELMNARY PHASE 1. Project Start-up, Site Investigation and Review of Existing Conceptual Pian Verde Design will attend one [l) kick-off meeting with the City to discuss the projeitt intern., scope, budget, and schedule. In add Mon, we will esiabl4h file, administraf"sve, and communication.procadtiresond preferences. We will also review ajl data perfinent to the project, including site snaps, as - built drowings provided by the. City, pertinent historical data: City cadres, ordinances, and policies that may pedoin to the proposed project site or design. A visual inventory of the existing conditions o.t the site and adjacent off-site impact will also be corripl.eted. 2. Master Pian Update Verde Design wi11,utiIIze the existing master plan document; as welt as as, built documents from Phases I- III provided by the City to provide on updated € aster pian for the site. The plan will also include proposed development in Phase. IV, os well as the proposed development for the remaining phasesthrough final buildout: The survey task and preliminary grading plan shown in the Pre! iminory Design Phase will be used to inform the master plan update. We have also provided ars optional survey task that would include Phases 1-I11 so that the updated master plan can be developed more accurately. The initial plan wilt be o rion=colored plan so i4ot fhe City's LANDSCAPE ARCHITECTURE ° CIVIL ENGINEERING ' SPORT PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 280 SCOPE OF WORK mano.gerneril team cart review it and explore all possible outcomes for future buifdovt, The final plan will be a .colored rendering ata minimum sc ale of I" = 150', 3. irrigation Study Verde Desigri wi11 provide an irrigotion study #hat will include. the fofio.vving:. a. Ca. lculate:est[moted irrigation water requirements for phase €V..and entire Spa rts Villoge site: at full build out based upon the master plan update. We understand that the City will provide.us with the esti rooted w..ater demand, {low and scheduling of the existing irrigation systems for -the built fields and amenities. b. Study af:the existing lined pond to determine: if it has enough capacity to provide sto.roge of reclaimed water for the purpose of.providing irrigation to the Phase IV improvements as well as. the existing soccer fields, soccer stadium, and passive a rens that were constructed as. port of Phase 1, Phase 11, and Phase iii. Comp.arisorr between pond storage capacityand cumulative irrigation requirement. c.. provide appro.piiate calculations to determine the necessorysize for the Third proposed pond in future phasing lo,store the.water required .to irrigate the entireAite.at full buildout. We. understand that the City will provide us with the estimated storage capacity of the existing two ponds, The. City will also provide the minimum water level desired to maintain in the ponds ior aesthetic. purposes. STEP TWO - SPORTS VILLAGE PHASE 1V PRELIM NARY DESIGN PHASE 4. Review and Coordination Verde reign will review the environmertiol document provided by the City and incorporate requirements of that document into the construction documents of Phase IV. We. will caordinote all work efforts.with appropriate utility companies regarding existing facilities, which may he in [M VERDE DESIGN confiic.l with the proposed developments of this pro(ecf. We understand that we. will not be responsible. fo r the relocation design of existing utilities. We will apply for new utility services; if necessary. 5. Tapa.gresphfc Survey A.topographic design svrveywill be provided for the Phase. IV limit of work area. The resulting' mopping.wi11 be prepared at.a scale of 1" = 40' with i -cant contours being .developed from the processed. surface. This survey sho IFutilize.ran:aerial t.opogrophic:survey for the base mapping, with ground survey fl.eid locations for -the join conditions for those improved'areas (e.g. roadways, parking areas, etc.(. The location of visible utilities will be ground surveyed The-invertsaf accessible storm drain and sanitary sewer manholes wi11 be measured. Easements from a client provided title repoowill.plotted, Aerial Survey - Add Alternative Gpfionral Task for Master Plan As an optional task if desired we would provide an aerial fopagraphic survey of Phoses kill, The resulting mapping w'i€I be prepared at a scale of 1" = 40' with I foot contours being developed frorn the processed surface. Based upon the aerial photograph obtained for this project, the location of the .cur.bs,.gu.tters; sidewalks, fences; retention.basin, pol.es,.ond those visibieutElifies discerned #rare the photography will be plotted, The perimeter -boundary .and easements: from a client provided prelirpinarytitie report will be plotted. Specifically excluded is the ground editing cif the derial survey, 6: Geotechnical €nvestigatiori Geotechnical investigation wil I include 14.subsurface exploratory borings. The borings will be standard hollowstem drill rig to depths varying from 5 to 50 -feet below the existing ground surface (bas) or to refuso.l, whichever :is shallower:. Percolation testing will be..performed in four .(4) borings using. falling head methods... The sompies +will be tested an.d a.report will be provided that will include existing conditions and design recommendations.. LANDSCAPE ARCHITECTURE ° CIVIL ENGINEERING ° SPORT PLANNING &DESIGN 11/20/19 CC AGENDA PACKET PG 281 SCOPE OF WORK 7, PreiirriViary Grading flan A preliminary gradia~g.plan wiii be developed for the Phase IV imp.rovements.to inform thelayout that will be shown in the. rhoster pion update. This plan wiII also provide. mo re accurate costs relative to.grading and potential retoining waits in the preliminary costestimate. 8. Prefabricated Restroom/Concessions Building Verde. Design will coordinate with a: manufacturer regarding the prefabricated restroom and concessions building. The coordination and design,process will begin in the Preliminary Design Phase and will continue through. the CID Phase, which. includes..coordinatiop and plan submittal/approval with the County Health Department. Product elevations, fioar planslplan views, general utility information, roofing info and general sub- base preparation info emotion will be provided by the manufacturer during the design phase. Structural cafculations:and full archhectural.drawings for prefubriaat.ed or even pre-engineered buildings pre not typically pravided until themanufacturer is under contract with either the city or with the successful contractor. if the. City would like lull iarchifectural/structuraI/ mechonicoljeiecfricol drawings to be.submitted.during the design phase but would still like the contractor to enter into an agreement with the rnanufact.urerwhen the {project is awarded, there will be cin additional fee to have the mowfacturer.provide said .drawings: The fee for these dreiiNings would fhen be deducted; from the price of.the building when/if ordered. As -a result, fees for full a.rchitecfurol,iplumbingjelectrical,lstructurai drawings.ar.e not included in our scope of work at this time. 4. Estimate of Probable Construction Cost ,k preliminary estimate. of probable construction cost prepared in. MS Excel wiii be prepared based upon the preliminary master plan update for Phase IV. A.detdiled, line. item.estimate wiii be.prepared for use as a guide: for the determinotion of future items tobe constructed. Once i€noI construction drawings are prepared based upon the final appraved master plan, the estimofe of probable. construction cost will be updated. The estimates will be reviewed with the project development feam modifications will be made as recommended. FINAI DESIGN PHASE 10. Review and Coordination Verde,D.esign will prepare finol.plans, specifications and estimates that will be submitted for review and approval of 50%..95% levels of campletion,which will include the following, q) Demolition Plan The demolition plan will identify 1fems.:that are to be protected in place a relocated as well as items that must be removed and disposed'of off-site. We will coordinate with City staff regarding these existing conditions as we develop the plans. b. Site Amenity Plan We will provide a site pian for the. proposed items q construction. This plan will designate features of the proposed.proje.ct as noted in ourunderstanding that will include placement, detail references and construction details, malerial cod manufacturer call-outs,..general construction notes, and specific. elenzenfs..of Ihe. overail design, which are necessary for the proper construction of proposed items. c. Precise Grading Horizontal.Confrol Plan Precisegrading and horizontal control plaits reflecting. building locations, finished grading around.fEeld areas, buildings and within paved pedestrian areas,.and packing areas, horizontal aontroljsigning and striping, curbs,. gufters, area drains,.hordscope, building fin€shed floors. and pad elevations, construction nates; quantities -and construction details,. d. Erosion Control Pion Erasion control plans for the. pro jecf following the requirements of the State Wafer Resources Control Board's. general construction activity starm water permit which con be used by the Contractor as the basis for their boplicafion of the required SWPPP construction sfage. dust and erosion control for the project. LANDSCAPE ARCHITECTURE i CIVIL ENGINEERING o SPORT .PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 282 SCOPE OF WORK e. On-site utility Improvement Plans Engineered ut!hty plans at an appropriate scrile, for do.mesficwater, sewer,. and gas. from 9 point of connection to. existing service mains directly adjacent to the project. This scope. assumes that the existing off-site'pnd]or on-site water, sewer, and gas systems have adequate capacity for the, site development and that analysis yr rrpgrades are not included in. this proposal, Additional designta increase the. capacity of the off-site uiilities beyond the .closest points of connections; including fire flows, are considered outside this scope. Included is the proposed upgrading of 900` of 8" po.#able watery pipe to ld", the extension of the reclaimed water Iine to the future lake and the proposed return pipeline to fhe sewage tr.eritmeni facility. t Storm Water Management Plan 5tandard Urban Storm Water Miliga1i6n Pian.(S.USMP) that will address permanetit sta.rmwate.r quoiity measures to. be implemented as port.o.f the project-construcfion. Best management pro cticeswould be: imp [emented to ensure compliance.with any M3.4 permit requirements. g. Street Improvement Peons Street improvement plans for curia, gutter, and sidewalk improvements, which includes the.exte.nsionof McKee Road 'Int6 the park. to meet the extension of Road 3 within the project. h. Efertrical E: jgineerinq Plans The efectrical plans will provide cortiplet.e electriccil and lighting plans far security lighting; parking lot lighting and sports lighting. We understand that new electrical service is also needed far Phase lVimprove.rnenfs. Plans will include.pho.tomefric lighting calculations.. i. Planting flans The planting plan will indicate location of proposed, palms, shrubs, graurid cover and natural grass. A planting legend wil( denote.symbols,:botanicaI and common names size, quantifies, and remarks. Picnting notes. and details will also be included. Water conservation and VEPOE D.ES[QN sustainability are integral to -our design process therefore we wil[ select plant species That are drought tolerant and appropriate for the pra.ject.locotion. WU-COLS water use clossifications and grouping for all plant material. i. Irri.gafion Plans The final Irrigation plans will provida -the necessary information far a complete and fully automatic irrigatian system. The plarts will indicate the. proposed and/ or existing point of connection. based upon agency information aril roquifements, existing or proposed backflow prevention and pressure regulation (as necessary), and equlpmant size and type. in the irrigation legend. "Smart" Water Appi.icatio.n Technologies (SWAT) will be.vtilized. Flaw monitors. and moisture. sensors will be. implemented. The now. syste:m will be::desfgned to be compliant with existing Rairibird Mexicom Systems, We understand that reclaimed water will be used on site and that water will be pumped from ori -site collection ponds using existing pump systems. The irrigation system design. will comply with the State of California's water ordinance and wi11 include the following information;. Water usage catculaiions (MAWA.und ETWUj Wooler efficient landscope worksheet and hydro -zone talale'for each remote -control valve (water use category, crew served in st-, coniroller number, valve size.and flow) Verde Damon will toke.so! I samples from the siie and submit them to a local. soil.lob. to obtain a horticuhurol soils report (agronomic dotal Irrigation runtime -schedule based on soil type,.solar .exposure,. and slopes Use.of ET based controller and d weather station utilizing rain and wind sensors. Statement nate will be added regarding 6rd'r.nance o WUCOLS water use classifieot'soris for all pipnl maleri.al k. Project Specifications and Bid Schedule Final tachnicaI spec! licatianswilI be, prepared in Word'in the desired format for the proposed park development_ LANDSCAPE ARCHITECTURE ° CI.ViL ENGIN.I ERING • 5PC)RT PLANNING &. DESIGN 11/20/19 CC AGENDA PACKET PG 283 SCOPE OF WORK Specifscoti'ons will include project description.. bid schedule, laid item descriptions, payment methods, special previsions, tochnlcaI specificotlws,. and detail sheets within the opp.endix. Weassurre.that tt:e City.wiil pr-ovide'the boiler plate information for special provisions/GeneraI conditions etc, f. Project Meetings 131 -Weekly meetings throughout the design process .are requested as part of the RFP therefore we have budgeted accordingly for an 8 -month design process accord ing. to the:progect time schedule. VALE understa..nd that conference. coiIs. an.d jorw.eb-bosed.screen sharing meetings are acceptable buf that some meetings at the City offices.or ori -site will be necessary. We have assumed 16 meetings. based on the bi-monthly requirement with five (5) meetings Being in person or on-site. BIDDING PHASE 11. Bid Support The Verde Design team wit€ assist the City with; a,. Responding to bid RFI submitted by.potential bidders.. b..Preporot iorr of clarifications and.bid.oddendum documents: We understand that the City will.prepare the actual addendum to be -issued. c- Review of any potential gids, substitution requests.or other assistance during the bidding phase. CONSTRUCTION PHASE 12. Construction Support d. Attend the pre -construction meeting with the City and contractor. In. Review and respand to RFls,suhmistals, shop drawings, and schedules required to be submitted by the. contractor for can with the deslgn plans and soecificratians: c. Provide on - site. consulting servfCes'including.bi-weekly construction site meetings, it is difficult to know exactly what level of effor, will be needed/requested or if the construction period wifl be prolonged beyond our control. The fees for this task are an estimate, are shown for Budgetary: purposes and wifi be bi€ied on a Time and Materiols. basis. We hove assumed a consfruction period of 9.months with bi=weekly meetings as poled in the RFP. d. We.wi11 review and invest igote contractor change orders.und submit background informofio.n to the ei.tyto assist with decision making. €f necessary wewift assist with the preparation of drawings and do.cuiments for opproval. e. We will provide. cbservatian re ports.including progress and final construction site walks with punch fists nofing action items for the.contractor. We. undo rstand that the City will handle the day to day construction management process and special inspections coordination. f. Verde Design will coordinate with the contractor to review their as -built catistructiors notes and wiII share. them with all members of our design team as necessary so. that:accuracy con be con €irmed. We will update final as -built record drawings and provide sets in hard copy, PDF and CAD files, EXCLUSIONS Without attempting to be all. -inclusive and for purposes of clarity, #ire following items are speci€icaffy not included in the Scope of Services: C Meetings other than those listed o Work outside ih.e identified project area 8 Traffic Studies Freporation of SWPPP; rain response maniforing, AnnuoI Reports, S.WPPP Updates. and Change of Information. (COIJ/Nottce of Term inaflon .(NOT). not included, and provided under.seporate authorization e Task. items not specifically: noted LANDSCAPE ARCHITECTURE - CIVIL ENGiNEFRING ° SPORT PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 284 SUBCONSULTANTS. AIH STRUCTURAL ENGINEERS Role: Structural Engineering Office Information Locotlnn: San Jose, CA Address: 1505 Me6dion Avenue, Suite A; San Jose, CA 95125 Phone: 4Q8.978,1470 exf.14 key Staff Timothy D. Hyde, PE, SE. 8, S., ArchifecturaI-Etgineering, Cchfornio PalytechnicStote universify, San Luis Obispo, 1983 1 CA C40796: Professional Engineer,. 1986 f CA 53260, Sirvclvrol Engineer, 1990 Timothy D. Hyde. is a principat engineer and president 0.1 AKH. He is a hands-on proie..ct monager and oversees the work of the sluff engineers in f e office, along with being the day -40 -day produclion cod .operations. a.f*jcer for the firm, Timothy has designed many education and municipal projects such as such spciris r'ields, community centers; public and privote school fociiities, pruking.gorages, .haspitaI infrastructure focitities, cor.poratlon.yards;fire stations; PV.solor panel support strucfures; and industrial utilities modernizations, CONVERSE CONSULTING Role; Geotechnical Office Information Locotion.. Monrovia, CA Address: 717 S. Myrtle Avenue. Monro..via, CA 9,1'016 Phone: 626.9 30. f 275 Key Staff Siva K. Sivathasan, PhD, PE; GE, DGE, QSD,.FASCIF MBA,Business Administration,.Copelid University (2009, 8A, Communications & Psychology, Auburn (inivers4y f2003J. Sivathosan (Siva]. is a registered civil and geotechnical engineer with 25 years of.geotechnieaI and construction experience. He is skilled.at analyzing carnplex geolechnical problems ond has pr.epored comprehensive re ports .with detai lea' recommenda}ions. He also has extensiva knowledge a l' construction projects from monagirig geotechnical observation and testing, special inspection and material testing, and Caltrons source inspecijori services. VERDE DESIGN i=6A ENGINEERING Role: Electricallwngineerino Office Information Locofroq: -Costa Mesa Address: 150 Por uiarino ,Avenue, Suite A 120, Costs Meso, CA 92626. Phone: 949:852,9995. Key Staff WELL(AM R. ZAVRSNICK, LEER AP,. Principal 8S, Ehgiaeering, Mount Hood College,. (19851 1 LEED. Accredited Professionrsl Williarn has been aciive In the electrical engmeeling. fceid since joining PBA in 1985. His experience includes the electrical design .of parks and recreaii0not facilities, sports foci]ities, clubhouses, public works, commercial; corporate, municipal, beautification prdjecis, parking. structures, and other various. protects. He is particularly experienced in the. design and development af.pow.er disiributian, specialized lighting systems, fEreble safety systems.. PSOMAS Role: Civil Engin�eering;Surveying Office Information Location, VaWcio Address: 27220 Turnberry Lahe, Suite 190, Vaiencrv, CA 91355 Phone. 66 d .2 IV. 6006 Key .Staff. David S. Martin,. P.E, ENV SP, QSDr Sr. Project Manager Business Management, Damelin Coifsge (19871 18S, Civii Engineering, University of Cape Town, South. Africa j1981 � I CA 74)43 Professional Engineer Mr Martin has 36 years of experience in municipal civil engineering inlrasfrod ure; specializing in stormwpter management, fond development and drainage design: He has a broad engineering design and projectmanagement .ba ckground. and previously managed on independent multi disciplincry.engineering design office. LANDSCAPE ARCHITECTURE ° CIVIL ENGINEERING - SPORT PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 285 Policy Number: va:r�.ons Dale Entered: 6/11/2019 .,q►C"RL)O® CERTIFICATE OF .LIABILITY INSURANCE I�ATe(lntArearYYYY1 �� 71 /ll/2G19 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,. EXTEND ORALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), .AUTHORIZER REPRESENTATIVE OR.PRODUCER; AND THE CERTIFICATE HOLDER; IMPORTANT: If the cartlflcate holder its an.ADDITIOHAL INSURED, the policypes) must have ADDITIONAL INSURED provisions or be erldorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre...an endorsement. A statement on Ws.certificate does not conifer rights tothe.cart(ficate holder in lieu of msch endorsement(s). PRODUCER I$ary Barnard Insurance 2190 Stokes Street CONTACT cLy8i1Y13.L Ma.l t05F? . .. FA% PliO}t!r 8)28 [406-133�I A!C Ro: {�i7$j'd8&-6425 e +Ii;j ennie@bArnard±nsurance:com Af7pRESS Suite 201 INSURERS ArFOHu1NGCOVEHAGE NAIC17 San. Daae CA 9512$INSDRERA:TRUCK WSUR NCE EXCHMGz 2I709 INSUFWD Verde' Design, Inc. INSURERntH&rt£az'ct. L`BSFlait�r Zii$L1i311L'9 Co7xipan�r 29124. .INSURER C. tHsuRiRu: 2455 THE.A7.tsWMA, SUITR 200 INsURFJtE: SANTA CLARA., CA 95050-•6037 INSiFRLkF h Ski 3 Fa a rs t 1 r DO0., 000 COVERAGES GERTIFICAIt:�tVUMUI--,ii: IttVIb7UN Nuivlur-K: THIS IS TC CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUES] TO THE INSURED NAMED ABOVE FOR THE POLICY PER [OS3 INDICATED. NOTWIT€iST'AN€]ING ANY .REQUIREMENT, TERM OR. COND[TION OF ANY CONT3�ACT OR OTHER,DOCUMENT WITH RESER CT TO -WHICH THIS CERTIFICATE MAY bt" ISSUED OR MAY% PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES b1=SCR€OED HEREIN IS SUBJECT TO ALL THE .TERMS, r7rrrl II ztnuc enin rtirdnMnnls nr sl If`.H vn1 IMFA. I IMirS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAI1S & IIiSRAUDI. LTR TYPE OFINSURMCE Stood POU . NUMBER PBLSCY.EFF. 6t1d1hDfYYYY POLICY EJCP A Lik1175 A CcowERCIAL GENERAL LFARTIiY EACH OCCURRENCE S 1, 400 r 000 OLAIMS-WOE OCCUR 60501632. 5I� 3I�U19 &/7 3/2620 h Ski 3 Fa a rs t 1 r DO0., 000 MEDW ` dna ersanl 410,000 PC-RS10NALS ADV WJURY s1, 000,000 G> NLAGGRE_ GATE:133rfFFAFPllE$ PER,GENERAL YOLtGY ® jam; LOO AGGREGATE $2,000,000 PRODUCTS COA4PIOPRGG s 2,000,000 OTHER_ AL!'Ft7MOBILELIA191UTY apM�e EDSIkGLELfNSIT 51,000,000 60PILYINJURY (Pdrperson] S A ANYAUTO BODILY INJURY(NrawBdmq $ OWNED SCHEDULED AU1W ONLY AUTOS ALTiC154NL1 AUTOSRED O OI�St�.Y 606748199. 6/13/2015. /13/2020 PROPFI�TY GE . e r uec denl S A UMBNEL .UAB CF7fi EACHOCCURRENCEw $5,000,000 AGGREGATE 3.5, 000i000 EXCESSUA6 6/13/2029 6/13/2020 DFD RETmnoNs 3 B yVORKiSCOtlPEHSAiIRH AND WPLOYF_RS`UAB1LTrY YIN ANY �ROPWETORIPAR7NER10QX 11Vc" OFFICEF T!MBEREXCLUDED? � (Winssdifaryln NH) D RIPTIOH OFOPERATIONS treknr 'N f A Jr7WEN CADIAFIA 6/13/2019 /I3/ZO2❑ STA ER FL FACHAC-01DENT $ i r [}OD'.000 1 000 GGG E.L. DISEASE -EA EhvLOYEE $ , r Ll ISEASE- OLICY LIN.r! ; 1 r coo, 4 GO A. Business .personal. prop 605016326 06/13/2019 0x/13/2070 SPP Liiai.t $416,900 Deductible. $500 DESCRiP71{]N QF OPEfy4ilaNSr LaCATIdk$ f VEH[CL55 {ACOAif � Oi, AdGillonai Remarks $eneduir, Indy tso �tf�oilad lrmoraapxea IS rvqulrodl 30 days notice o£ canae.11ation; iD days notice for nonpayment of premium MORELLA. LIABILITY IS FOLLOW FORM OBER GENERAL LIABILITY/AUTO LTA ILI�!X and EMPLOYERSLIABILITY. RIE: Kaiser Permanente Sport V113.aga. Phase IV; The City, its Mayor, Council.; officers, agents, employees an designated volunteers are named as additional insureds. Workers CompensatLon.Waiver Of Subrogation 3.s' attachad. CERTIFICATE. HOLDER CANCELLATION The Csty o£:Bakersfield Public Works Department SHOULD ANY OF THE ABOVE. DESGFUBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED M 1501 Txuxtun. Avenue ACCORDANCE WITH THE PDUCY PROVISIONS. Bakersfield, CA. 93301 AUTHORI EDRF BTA7IVE 01,08.20: AGORA CORPORATION. All rights.reserved. ACORD 25 (20.16103) The ACORD narne.and logo are registered marks o... RI . 11/20/19 CC AGENDA PACKET PG 286 P.ali�ay Number: 64507 6326 biMan BUSINES 1o)IMCOVARAGEF`OPM By r s COWON 11011CYCONDMnNS - rte met ta �� 2xv & by, thiscadet � 19x o � C� a P1 Nom . �r �� The City of Bakersfield {�o3ca3axjF et al ( see pacre. Z ) In �-a0RC # , s}. Kaiser Permanente Sport Village• Phase IV flM JE y Peals a ,irafnr3nat ar ad m rr�aup c c phis ado cnt wa Tae sh t.ii B�SaTS�:t}[ItG7~PDTsa�end�das fTlc • .�., i�� z�s,�� :�a � �rzai r� gibed .�. pa� �..�f his e.��et, �T,e.foi��s�g .App o mess �iaiity°� urtd�x. �c�rszo�is: fir TT?Xup=L ' d =t far.WII& fc. aa?aT zr tai s� n gated P by sramx� t p hz' 'lit in �aaa pr 7%"zs �. sees lint ca T ibfliy f -or &wEcs t3= a�and �.{s) wDAd he lU � P a Thr, COx Dr IL TOM ❑P�ns tit Tho jo tw n cov e ns ❑ dam. srx r� or b 'T pUr angaNg op�oaz. of o y njnry° M I' °P Y �" s 13u ata at) ewnt ibau filig zw=ac-c 4plF to u&DMY' 4Wv z "spa, d=gam" M"M9 M± of gcrat or =xpt fm g6= "Vac b7 lh ac�ditioz�aT.insu�T'Tra- P a liopa nsedrkc �c�piedg nrres3tr �eaa3aT s�s��s & kp,pmV jut'LC C2W =3hady rr 1GT',Df-'91 a�=1 ms {s� ar oyer �� dd ins�xxec (s ;PIWSLMI iWo* Whzrh Is . pied �'or�lie addict _�w CC AGENDA PACKET PG 287 S�cdi�xt C.� s es is. ed to:ii do as ati sttt d teR=tt(;S) or utgarzizatiA�z s sT a sa the Sr1rad(" bnt axAy� to tae mieotthat #fie ac [z7�a st ed s ..is h id Za rle "bar 4urpr' ax ' xd + slam �" rated is whale otzapart bT, I. 'Your ongciz3g.vxao�zs �etfai ecltsrzh.eisca�x aazxstozka ilca#uaC.c, die ads at as io � �or�x spa icaxc rs as cg. aBL your bat& xxa. � �edu%d proj� -t. . ori -^+sacs c .pew awing aL�daw � tue 2adKon- . , st�*s) vhicit std Dada= C<)M2 d {3z is ii+ u © such 3 W:s'riYLS&a ie. as gwtmi Si R=v3ddO-n of sum d�1CL�lOA+S- . �. rdZ xes a a� has dorsemei #g bh rn=s 2n exec 'Ir Cas WmtOI CO3:1fx a�ed'usrx 'xogttbqt sus of to tim dmzpxed to CIDVM a,vmik WMM Cdoo � 0ymt r ozc aidMtrddesWD. stgans ch rjec , ' e I3� � r()MUO N-j)0jJCY CONDMONS aro arq,w&d as fi&M of vias mdr�em� Section s �x ice s=Oamby f�c fdua : i ,. i �f K K. * ■• ! a r/ .i .ar r=_ i ! e ■c:i xrr rrh"Fs r E.E s ■ xa_ tc ��_ •s s !rr / e• s _a.' � r! r•-■ i- eF is - r s _;t -r : ••ar-■ •f sr: ■ !w: .1: -ie -r t ■, r : .sc a/s. r Le:e s r.3 r + Er. • _Fa cY[ r■r!a a ■ rr - r rr : rr. r e ss t _ s !r �r ■ � s.: : ■ e r s .c■ ■ar. a � � r .. ! } Lr [rf L ri ' r . ■ f t F J/ . .![ T "r[ " r N t .ri ■ l .a! ■ • � - F. t i tr Z R .ar � 'it 1t .! E ra.s Y . i 1 -! _�' - / _ [ ! a r l F F ! t o r�: r [i it a r R r. i�. ■ • k i ' Kl: " '• [ i, a ! e ![i w! - ar i Y. C ■ F ■ �- •J;Y_ ! a [ ! ii i N t r. Yt t �r /i ![ s[ f C i . - i r ► - tl ! !! i Additional Insureds: The City of Bakersfield., its r Mayo, Co.uncil., .Offi.ders, Agents, Employees 'and Designated Volunteers IaayffilUX 76D -6C Mub=7- It is O&crw�sf-- "dais r I�rse�aeut s o yont k " 93.6848 7�fF�7T�i[1#f ?e -3A 1�dud� tdPyti�%tt��, Innurmr� �'+� Ddiin'1 Itu� �hiis per, 3bB4i}]is� fAi� � �f 11/20/19 CC AGENDA PACKET PG 288 I o THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY WAIVER Of TRANSFER (IF RIGHTS OF RECOVERY AGAINST OTHERS TO US Effeci[ve Bate This endorsement modifies insurance provided under the inllowing: BLrSlNMsOWNER9 COMMON FOL€CY CONDITIONS - BP 00 09 SCHEDULE Name of Parson or RrgaRi7atian: E3306 IstEdition &05016326 . Policy Number (If no enty appears above,:informaiion required to complete this Endorsement must he shown in the Declarations as applicable to this endorsement.) The provisions of the guslrressoymers Common Policy Conditions are. modified by psis endorsement As:foilows: I Gonditlun IIL Transfer Of Rights Of ROr.DVBry Agdnst OfhefS TID Us in the BusinessoWnem Common Policy Condllons is amended by the additlan of the following: 3, We waive any right of recovery we My have againstthe Person or organ' ation shown in the Schedule above because sitpayrirents we make for injury or damage arising out of your Mono operations or "yogr work" done under a-corsfraot with that person or organizatlon and included in the Npioducts-carnple€ed .operations hazard.'" This waivar appiles oniy to the person or organ+rzatian shown In the Schedule above. r. This endorsament is part of your policy. ltsupefsedes and banfrols anything to thb contrary. It otiretwise subject to.a.11 the terms of the policy. al -nal .i S7 EDITION "7 trmhMnsCopyifprR Maluiul lnsurapca Sat im Ofd_e; Ine,102 Mablai PAGES QFi 11/20/19 CC AGENDA PACKET PG 289 POLICY NUMBER:. 60674.81.99 COMMERCIAL AUTO CA 20.48 02 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE. COVERAGE FORM MOTOR .CAARRIER: COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified bythls endorsement. This endorsement identifies. person(s) or organizations}. Who are "insureds" under time Who is An insured Provi- sion of the Coverage Farm. This endorsement does not alter coverage providedIn the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 911 iT20�.9 �11 Named Insured: VERDE DESIGN, INC Authorized Representative SCHEDULE Name of Person(s) or organization(s): THE CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT The C1kyr its Mayor, Council#, Ogficers, Agents, Employees and Designated Volgnteers (If no entry appears. above, information required to Complete this endorsement will be shown in the Declarations as applicable to the endorsement;) Each person or organization shown in the Schedule is an. "insured" for Liability Coverage, but only to the extent that person or organization qualities as an "insured" under the Who. Is An insured Provision contained in Section II of the Coverage Form. CA 20 48 02 89. Copyright, Insurance Services Office, Inc., 1958 Page 1 of 1. 0 11/20/19 CC AGENDA PACKET PG 290 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Polley Number: 57VVECAD1AHA EndorsementNumber, Effective Date: 0511.3/'19. Eft'ective hour is the sante. as: stated on the Information Page of the policy. Named Insured and Address: Verde Design Inc 2455 THE ALAMEDA STE 200. SANTA. C LANA CA 95059 We have the right to recover our payments from anyone`liable} for an injury covered by fhis polioy. Wo will hot enforces 'our right against the Pierson or organization named in the Schedule. (This agreement applies only to the extent that you perform work. under a written cantraet that:requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while.engaged in the work described in the Schedule. The additional premium for thisendorsement shall be 2 % of the California workers' cornpensation .premium otherwise due on such remuneration. SCHEDULE Person or organization Joie Description Any petson. or organization from whom you are required by written contractor agreement to olitaln this waiver of rights from us Countersigned by Authorized Representative. Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 06112/19 Policy Expiration Rate* 06113/26 11/20/19 CC AGENDA PACKET PG 291 CERTIFICATE OF LIABILITY INSURANCE pA7ElMrtlpp7YYYYj 1t Itzai9 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UP014 THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE: OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an.ADIDITiONAI_ INSURED, the.policyfts] must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms. and conditions of the policy, certain policies. may require an endorsement. A.. statement. on this certificate does not confer rights to the. certificate Molder in lieu of such erldorsernent(s). PRODUCER. Dealey. Renton & Associates P. 0. Sax 12675 Aitn: Ted ICiyama CONTACT PHONE FAx PJC, No R1rtj. 516=465-3Q9a µ I' arcarC Iu� ia•452 2193 E-MAIL ADIDRESS;_ rertiiicatese-dealewenton.com _ W INSURER S AFFORDINGCOVERAGE T-� NAICB. Oakland CA 94504-2675 INSURER A: Berkley InstlrariCe Company _ _ I 32603 y _T INSURED 'VE-RDE:DESI Verde Design; Inc. 2455 The Alameda, Suite 200 114SURERE .W..__._.._._.... INSIFREii C.: ANY AUTO � � Santa Clara. CA 9505.0 OWiVE13. ] AEfTOSULEb i !.BODILY (NJURY:tPeracxJdent) $ IN S URER E : INSURER F j ONLY Jjj COVERAGES CERTIFICATE NUMBER: 609573447 REVISION NUMBER: THIS IS TO CERTIFY THAT TI-I;i POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN -ISSUED TO THE INSURED NAMIED ABOVE rOfR-THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY :REQUIREMENT.'TERM OR CONDITION OF ANY CONTRACT OR OTHER.DOCUM1ENT NTH RESPECT TO WHICH THIS CERTIFICATE -MAY BE ISSUED OR MAY .PERTAIN, THE INSURANCE AFFORDEIJ BY THE. POLICIES DESCRIBED HEREIN lS SUBJECT TO.ALL THE TERMS, EXCLUSIONS AND CONOI nONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCE0.SY PAID CLAIMS, 7"-q R'jAE]saLr�-tTiF1 I `""' LTR i TYPEoFENSUR.ANcE s E POLICY NUMBER % AOL[CY EFF�'JJ PDLIC�Y ExP - MM1D0lYYYY i MM111DfYYYY LIMITS C MMERCIALGENERALLIABILITY € € € EACH OCCURRENCE I'5 i 1 CLAIMS4 AAK 1 1 OCCUR € i PREMISES {� minfen e . 5 MEA EXP (Angio Is r I f: pernp) . PERSONAL &ADV INJURY S N-L.AGGRE�GA"`�iELIMrFAPPLEES.PER: .j i I GENERALAGGREGA�F: TS I PRO. LI]C. { l ! f'OLIGY: j JECT ;; PRODiieu .cbmP1OPAGG t 5 k. E --'"t-"'-"' H OTHER' I [ 1 1 S AUTOIAMLEGABILITY �. f I CoA 9ENEu SINGLE LIMrr t.. r f fEaaxidentl ANY AUTO � � � E BODILY INJURY{Pcr parson) � S OWiVE13. ] AEfTOSULEb i !.BODILY (NJURY:tPeracxJdent) $ AUTOS ONLY_. HIRED NDN-OWHETJ EAUTOSONLY AMS € j ONLY Jjj .. i 1 Ul19RELLALiAu i I OCCUR EACROCCURRENCE ST . EXCESSLIAB DfAEN15-MAI3> i AGGREGATE �LS l DED i RETENTION S i i I s WORK ERS COM PEN SATION I 1 PER i I € STwER i RTld1E LAND VAPLONE V LIABILITY y.1 N I ANYPROPRIETORtPARTNERlEXECtITiVE N I.A E I € j. I -- ;-- E L. EACHACCIDENT S. -- OFFIC ERM45M 98R EXCLU DED? {klandatory In NHl i El 0ISEASE -EA EMPLOYEEI S Ef yes describe under } I r s i r DESCRIPTION OF.OPERATIONS below e i 1 E.L DISEASE -POLICY LIMT. 5 A Prafesslnnai Liabil (y Y AEC9 M0901 ! 5113/2-019 511.812020 w000'Ma per CWm I 154.OG,f3DD Annl Aggr r I DESCRIPTFON OF OPERATIONS f LOC All ONS I VEHICLES (AC ORD 101, Additional RemarksSchadulu, may tmalMobad irm ws space is: req ulredj REF: Matter Plan Update. and Design Services for Kaiser Permanente Sports Viliage Phase IV: Design Consultant Agreement. CERTIFICATE HOLDER CANCELLATION 30 Day NOCAO Day for NortPay.of Prem City of'Sakefsfeld Public Works Department 1501 Trux#on Avenue Bakersfie€d CA 93301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION BATE THEREOF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU HORMIEDREPRESENTA71VE 7 D 1988-2015 ACORD CORPORATION. -All rights reserved. ACORD 25 (2016103.) The AGORD name and logo are registered marks o€ACORD 11/20/19 CC AGENDA PACKET PG 292 AGREEMENT NO. DESIGN CONSULTANT AGREEMENT This DESIGN CONSULTANT AGREEMENT is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and VERDE DESIGN, INC., a California Corporation ("DESIGN CONSULTANT"). R E C I T A L S WHEREAS, CITY is currently developing the site master plan update, construction documents and design for Phase IV of Kaiser Permanente Sports Village (the "Project"); and WHEREAS, since CITY does not have expertise currently on staff to design and engineer the Project, CITY has issued a Request for Qualifications/Request for Proposal ("Request") for those services; and WHEREAS, after reviewing the Request, including the Technical Provisions dated October 15, 2019, and being satisfied that it understands the Project's requirements, DESIGN CONSULTANT has submitted a response to the Request, which includes a scope of work and cost proposal; and WHEREAS, DESIGN CONSULTANT represents that it is experienced in the fields of design and engineering as required for the Project and that all of its officers, partners, and/or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees; and WHEREAS, DESIGN CONSULTANT also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the Scope of Work; and WHEREAS, based on these representations and all other representations made by DESIGN CONSULTANT to CITY, CITY desires to retain DESIGN CONSULTANT to perform the Scope of Work. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree as follows: DESIGN CONSULTANT AGREEMENT Page 1 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 293 I . SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT's scope of work, attached hereto as Exhibit B and incorporated herein by this reference (collectively, the project description in the Request and DESIGN CONSULTANT's scope of work are referred to as "Scope of Work"). 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. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows ("Compensation"): 2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $584,051 exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in DESIGN CONSULTANT's cost proposal. CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT 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 DESIGN CONSULTANT 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 DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $584,051 for performing the Scope of Work. 3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on December 31, 2022. 4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the DESIGN CONSULTANT's performance under this Agreement, CITY may terminate this Agreement after providing DESIGN CONSULTANT with ten - days written notice. 5. STARTING WORK. DESIGN CONSULTANT 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. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than September 30, 2020. DESIGN CONSULTANT AGREEMENT Page 2 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 294 7. CONTRACT ADMINISTRATOR. CITY's Contract Administrator is: Navdip Grewal City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3361 DESIGN CONSULTANT's Project Manager shall be designated as: Mark Baainski Verde Design, Inc. 3685 Main Street, Suite 350 Riverside, CA 92501 Telephone: (951) 221-3142 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT, respectively. 8. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 9. INDEPENDENT CONTRACTOR. This Agreement calls for DESIGN CONSULTANT's performance of the Scope of Work as an independent contractor. DESIGN CONSULTANT 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 DESIGN CONSULTANT other than that of an independent contractor. 10. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. DESIGN CONSULTANT AGREEMENT Page 3 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 295 11. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 12. KEY PERSONNEL. DESIGN CONSULTANT 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. DESIGN CONSULTANT 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, DESIGN CONSULTANT shall not change such personnel without CITY's written approval. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California and perform the Scope of Work. DESIGN CONSULTANT must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If DESIGN CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If DESIGN CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. DESIGN CONSULTANT must provide proof that the requirements of this section are met when requested by CITY. 14. CONFLICTS OF INTEREST. DESIGN CONSULTANT 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 DESIGN CONSULTANT'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 DESIGN CONSULTANT AGREEMENT Page 4 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 296 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 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, DESIGN CONSULTANT 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: DESIGN CONSULTANT AGREEMENT Page 5 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 297 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, DESIGN CONSULTANT 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, DESIGN CONSULTANT 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 Applying to All Insurance Types. 18.2.1 All policies required of DESIGN CONSULTANT must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, DESIGN CONSULTANT 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 DESIGN CONSULTANT AGREEMENT Page 6 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\6 Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 298 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 DESIGN CONSULTANT 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 DESIGN CONSULTANT'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 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 DESIGN CONSULTANT 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 DESIGN CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by DESIGN CONSULTANT in connection with this Agreement. DESIGN CONSULTANT AGREEMENT Page 7 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 299 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 DESIGN CONSULTANT, 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 DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 20. INDEMNITY. 20.1 DESIGN CONSULTANT 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 DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT or DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the DESIGN CONSULTANT 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 or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, orwillful misconduct of DESIGN CONSULTANT. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by DESIGN CONSULTANT AGREEMENT Page 8 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 300 contractual agreement, act, or omission of the parties. 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, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT 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. DESIGN CONSULTANT 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 DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 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. DESIGN CONSULTANT AGREEMENT Page 9 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 301 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. 33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT 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 DESIGN CONSULTANT AGREEMENT Page 10 of 12 S:\PROJECTS\2019-2020\P0K234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 302 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 DESIGN CONSULTANT: Verde Design, Inc. 3685 Main Street, Suite 350 Riverside, CA 92501 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 DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 38. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax ID Number DESIGN CONSULTANT is a corporation? Yes (Please check one.) [Signatures on Following Page] No DESIGN CONSULTANT AGREEMENT Page 11 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 303 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: COUNTERSIGNED: RANDY MCKEEGAN Finance Director Attachments: Exhibits A and B "DESIGN CONSULTANT" VERDE DESIGN, INC. By: Type or Print Na Title: DESIGN CONSULTANT AGREEMENT Page 12 of 12 S:\PROJECTS\2019-2020\POK234-Kaiser Permanente Sports Village Phase 4\Consultants\RFQ-RFP\Two Step Process\Second Step Documents\b Design Consultant Agr-SV4.Docx Updated - July 1, 2019 11/20/19 CC AGENDA PACKET PG 304 E:X��ti-F A (03 BAKERSFIELD THE SOUND OF,�ao fe REQUEST FOR FEE PROPOSAL (RFP) Master Plan update and Design Services for Kaiser Permanente Sports Village Phase IV Bakersfield, California October 15, 2019 Firms wishing to be considered for this project Should thoroughly read this RFP. A fee proposal submitted in response to this RFP must include all of the work elements listed in the Scope of Work section of this RFP. In addition, the fee proposal must be in the format as described in the Project Fee Proposal of this RFP. SECTION 1: GENERAL PROJECT DESCRIPTION The City of Bakersfield (City) plans to construct the fourth phase of a City owned recreational facility known as "Kaiser Permanente Sports Village". The fourth phase of the facility will contain the various elements and amenities described below. The facility is located on the north side of Taff Highway between Gosford Road and Ashe Road. The scope of work will consist of a two-step approach. The first step will be to revise and update the Master Plan for the remainder of the park facility, which will provide analysis & modifications for building out the remaining phases and amenities of the facility. The Master Plan shall also include the already constructed portions of the site so as to depict the complete vision for the site in a seamless and cohesive manner. The second step is to design the actual fourth (4'",) phase of the facility, which will consist of five (5) football fields, field lighting, prefabricated restroom building, prefabricated concession building, three (3) parking lot(s), parking lot lighting, roadway improvements, street fighting, sidewalks, passive areas, site lighting and landscape and irrigation improvements. Phase 4 is also to include the conversion of four existing football fields into soccer fields and the connection of McKee Road to Road "Y (Road 3 connects to flay Fair Drive at the roundabout just east of the soccer stadium). The football fields shall be designed in accordance with the guidelines promulgated by the appropriate sports organizations and based on the intended use. The fields shall be sized to accommodate high school level play. The above indicated description of items is preliminary and is subject to modification based on budget, dictates of the site, dictates of grant from the National Park Service's Federal Land and Water Conservation Fund Grant Program, which has been awarded to the City for construction of phase IV, and/or other constraints. The site improvements shall include support facilities as necessary for the complete, proper, and successful operation of the facility. All site improvements shall be sized and designed in accordance with the applicable codes and regulations and with the City's proposed 4 PACKET PG Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA 30 BAKERSFIELD THE SOUND OF 5&*1P#M f programming plan. The site improvements include, but are not limited to, Five (5) Natural Turf Football Fields (dimensions: 53 1/3 yards by 120 yards) ■ Field lighting (due to the location of the PG&E Easement and restrictions on excavation, it is assumed that only four (4) football fields will have sports lighting; o 2 fields on the East of easement, 2 fields on the West of easement. Central field not lighted (see attachmenf], ■ Vehicular circulation (including the connection of McKee Road with Road 3 and three (3) parking lots; ■ Walking paths throughout the complex; ■ Restroom Building (Located adjacent to soccer stadium*; ■ Concession Building (Located adjacent to soccer stadium*; ■ Landscaping; ■ Hardscape design in the area around the restroom and concession buildings. ■ Fencing; 'The restroom building and concession building shall be fenced and gated such that they may serve both the existing stadium and proposed phase lV football fields. Site and Directional Signs: and • All necessary utilities including but limited to: o potable water with drinking fountains, quick coupler valves, fire sprinklers if required and fire hydrants. ■ potable water line extension to existing irrigation pump skid as backup water source. ■ upsizing approximately 400 linear feet of existing potable waterline from 8" to 16" diameter, * connection and reconnection of necessary water meters, o reclaimed water line extension to future (third) pond location o electric power, including calculating size and location of new PG&E service o site and security lighting, o communication systems, o Maxicom capable irrigation systems, o sanitary sewer collection system, and, o storm water collection and disposal system. o Possible piping system to pump pond water back to wastewater treatment plant percolation ponds in case existing pond reaches overflow stage. (The City is considering options of tying into the existing irrigation system to accomplish this). Public Works department �'° .Q yn 1541 Truxtun Avenue, Bakersfield, CA 93301 � 661-326-3724 FAX: 661-852-2120 4��!t 11/20/19 CC AGENDA PACKET PG 306 00 BAKERSFIELD THE SOUND OF, W1,-,,0x*fJ I`V,4Fi The City plans to enter into an agreement for design services with a consultant, teamed with appropriate subconsultants if needed, which has documented experience in planning, designing, and preparing construction documents for comparable facilities, and is capable of providing all necessary services for the Scope of Work as described in this RFP. For the purpose of this project, the following definitions shall apply: OWNER is the City of Bakersfield. Staff from the Design Engineering Division of the Public Works Department and staff from the Recreation and Parks Department of the City of Bakersfield shall be the Owner's Representatives. PROPOSER is a firm which submits a Fee Proposal in response to this RFP. CONSULTANT is the firm hired by the City to provide the services described in this RFP. LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield that are charged with the review and approval of this type of development project within the city limits. STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and/or construction. FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction. SECTION 2: SERVICES TO BE PROVIDED BY THE COMLTANT (SCOPE OF WORK) (KAISER PERMANENETE SPORTS VILLAGE PHASE IV The CONSULTANT's team shall include appropriately licensed professional staff to provide all services necessary for the design of this project, preparation of construction documents (Phase IV only) and preparation of other documents for this project, including but not limited to, 1. geotechnical studies (Phase IV limits only),- 2. nly);2. agronomist soil testing and report (Phase IV limits only); 3. planning and conceptual design of all facilities for the Master Plan update; a. The level of design for the third irrigation pond, community center, and skate park shall require only a basic footprint of appropriate size and configuration placed appropriately in the context of the remaining park site. 4. planning and design of all facilities for the fourth phase of the Kaiser Permanente Sports Village facility; S. architectural design of all project components (Phase IV limits only); 6. civil engineering design of all site improvement components (Phase IV limits only); 7. structural engineering design of all project components (if needed) (Phase IV limits only); 8. electrical engineering design of all project components (Phase 1V limits only); Public Works Department 5�9 wai 1501 Truxtun Avenue, Bakersfield, CA 93301 561326-3724 FAX: 661-852-2120 4 T.pew•F 11/20/19 CC AGENDA PACKET PG 307 BAKERSFIELD THE SOUND ❑F _,*. 1F41WJ 9. mechanical and plumbing engineering design of all project components {Phase IV limits only): and 10. landscape architectural design of all irrigation and landscaping components (Phase IV limits only). CONSULTANT shall perform the following tasks: STEP ONE - MASTER PLAN UPDATE: PRELIMINARY PHASE: 1. Review the Kaiser Permanente Sports Village Concept Plan which has been compiled by City Staff. The City will provide an electronic copy (Autocad ) of the current Concept Plan to the Consultant. This plan/ cad file was not prepared with survey data and shall be used for reference only. 2. Update the Kaiser Permanente Sports Village Concept Plan to incorporate as -built information from phases 1-3 and proposed design modifications for Phases IV as well as build out for the future remaining phases. 3. Provide irrigation study to calculate estimated quantity of water required to irrigate Phase IV site and entire Sports Village Site at full build out based upon Master Plan Update. Submit irrigation study to City for review. 4. Study the existing fined pond to determine if it has enough capacity to provide storage of reclaimed water for the purpose of providing irrigation to the Phase IV improvements as well as the existing soccer fields, soccer stadium, and passive areas that were constructed as part of Phase L Phase 11, and Phase III. Submit pond storage capacity vs. cumulative irrigation requirement study to City for review. 5. Provide study to calculate the necessary size for the third pond to store the water required to irrigate the entire site at full build out. The City will provide Consultant with estimated storage capacity of the existing two ponds. The City will also provide the Consultant with the minimum water level desired to maintain in the ponds for aesthetic purposes. G. Present a final option for the ultimate buildout of the remaining phases as well as incorporating modifications to the existing completed Phases 1 -III. Consultant shall proceed with the final option only after City's management team has explored all possible outcomes for future buildouts. Final product shall be a colored rendering at a minimum of 1" = 150'.. Consultant shall also supply City with pdf and jpeg files of the color rendering. Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-2120 4 t ♦ POW 1112 11/20/19 CC AGENDA n4Y PACKET PG 308 00 BAKERSFIELD TI -E SOUND OF,�" wmu r>Ot STEP TWO - SPORTS VILLAGE PHASE IV: PRELIMINARY DESIGN PHASE: 1. Review the project's environmental document. Incorporate requirements of that document into the construction documents for this project. 2. Coordinate all work efforts with all utility companies regarding any existing facilities which may be in conflict with this project. The CONSULTANT will not be responsible for the design of any relocation of existing utilities. 3. Apply for new utility services (if needed) with the various utility companies. 4. Obtain topographic surveys for the project location. 5. Prepare a Preliminary Cost Estimate for the construction of the project. The Preliminary Cost Estimate shall reflect the approved phasing of the development and construction of the project. Review the preliminary Cost Estimate with the Project Development Team and make modifications as recommended. FINAL DESIGN PHA E: 1. Prepare Plans, Specifications and Estimates (PS&E) for the fourth phase of Kaiser Permanente Sports Village. Also provide any and all electronic documents including AutoCAD files. 2. Obtain approval of the PS&E from the Project Development Team, the Local Regulatory Agency, State Regulatory Agency and Federal Regulatory Agency. Apply For and obtain all necessary permits with local agencies, state agencies and federal agencies. 3. Conduct bi-weekly meetings, as necessary, throughout duration of the design. In consultation with the City, the meetings may be conference calls. However, if needed, some in person, onsite meetings may be necessary. 4. Furnish the original set of the approved construction plans and specifications to the OWNER_ 5. Maintain compliance with grant requirements as well as assisting the City on any reporting requirements. BIDDING PHASE: 1. Assist the OWNER in responding to questions and comments submitted by potential bidders via RFI (Request for Information). 2. Assist the City in preparing any necessary addendum documents_ City will prepare the actual addendum to be issued. 3. Assist City with review of any potential bids, substitution requests, or other necessary assistance during the bidding phase. Pubiic Works Department tQ 1501 Truxtur} Avenue, Bakersfield, CA 93301 � 661-325-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 309 BAKERSFIELD THE souNa OF ,"'m t , 4. Attend a pre-bid job walk. CONSTRUCTION PHASE: 1. Review and approve contractor's submission of product data and shop drawings as required. 2. Attend the Are -construction meeting with City and Contractor. 3. Provide on-site consulting services as required by the OWNER, including but not limited to bi-weekly job site meetings. 4. Investigate proposed contract change orders and submit background information to the OWNER for a decision, if justified, and prepare necessary drawings and documents for approval. 5. Assist in preforming a final inspection of the completed construction and prepare a list for OWNER of necessary items to be corrected prior to accepting the project as constructed. 6. Prepare and submit to OWNER record drawings reflecting changes made during construction. These record drawings shall be in bath electronic file format and reproducible drawing format. CONSULTANT shall not commence work on subsequent phases or tasks of work until CITY has issued written approval of the previous phase or task documents and a written authorization to proceed with the next phase or task. The CONSULTANT shall execute its work in a timely manner and in accordance with the approved project schedule. The CONSULTANT shall provide all technical skills and studies necessary for successful and complete design of the project. SECTION 3: GENERAL REQUIREMENTS The City plans to enter into an agreement for project site master plan and Phase IV Final design and construction documents with a qualified Consultant, teamed with the appropriate subconsultants, if needed, that has documented and has extensive experience in design of sports complexes and/or sports fields. That Consultant shall be capable of providing all necessary design services for the Scope of Work as described in this RFP. The CONSULTANT shall furnish design and related services for the Kaiser Permanente Sports Village Master Plan Update and Phase IV Design Project. All such work will be coordinated through the City's Project Managers. The CONSULTANT shall be responsible for the design, related approvals, and Final Plans, Specifications & Estimate (PS&E or Construction Documents) for the project. The CONSULTANT's services will include identification of required permits and licenses, topographic survey of the Public Works Department``°,� 15+11 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 561-852-2120 1112 0/19 CC AGENDA PACKET PG 310 00 BAKERSFIELD THE SOUND OF,�5Wto1#MJ project site; geotechnical investigation; coordination with responsible agencies and parties affected by the construction of the project; and such other services that are necessary for the completion of the Project. Project design shall meet the standards and requirements of the City, conform to current Federal and State regulations, and meet recognized design standards, including those of the California Department of Transportation (Caltrans), and the "GREENBOOK" (Standard Specifications for Public Works Construction). Funding for the construction of the project is expected to come from locai and federal sources. The City has been awarded a grant from the National Park Service's Land and Water Conservation Fund Grant Program for construction of phase IV. Coordination with public utilities may be required for the construction of Kaiser Permanente Sports Village Phase IV. While the CONSULTANT will be required to coordinate with the owners of the various utility facilities, the actual design of the utility relocation and/or utility services is not part of this scope of work. The City will require that the PS&E documents will place responsibility for preparation of Dust Control Plan and Stormwater Pollution Prevention Plan (SWPPP) on the Contractor. SECTION 4. ITEMS AND SERVICES TO BE PR VI ED BY THE CITY OF BAKERSFIELD The City will provide overall project management services. The City will provide a general description of the project site, its locations and boundaries. The City will provide an electronic copy (Autocad) of the current concept plans. The City will provide copies of City's available record drawings of existing facilities. The City makes no warranty that record drawings for all existing improvements are available. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONSULTANT as set forth herein above. The City will provide environmental clearance for the project. The City will provide clearance from San Joaquin Valley Air Pollution Control District (SJVAPCD) for the Indirect Source Review (ISR) for the project. SECTION 5. PROJECT TIME SCHEDULE Time is of the essence for this project. The City of Bakersfield will hold interviews on Wednesday, October 30, 2019. The City anticipates awarding the contract at the November 20, 2019 City Council Meeting for Kaiser Permanente Sports Village Phase IV, The City plans on issuing a notice to proceed in December 2019 with the Master Plan Update being finalized by February 28, 2020 and the Final Design and PSE ready for bidding by July 31. 2020. Public Works Department' 'Qz ISO Truxtun Avenue, Bakersfield, CA 93301 t 561-326-3724 FAX: 651-852-2120 i`p w r 11/20/19 CC AGENDA PACKET PG 311 BAKERSFIELD SECTION 6. PROJECT FEE PROPOSAL All firms being interviewed shall submit a fee proposal based on the Scope of Work described in this RFP inside a sealed envelope. The fee proposal shall be itemized for the following phases of the project and shall be of the type indicated: A. Master Plan Update Preliminary Phase (Fixed fee); B. Sports Village Phase IV Preliminary Phase (fixed fee): C. Sports Village Phase IV Design Phase (fixed fee); D. Sports Village Phase IV Bidding Phase (time -and -materials, not -to -exceed fee); E. Sports Village Phase IV Construction Phase (time -and -materials, not -to -exceed fee): and F. Reimbursable Expenses (time -and -materials, not -to -exceed fee). The detailed work associated with each of these Phases is described in the "Services to Be Provided by the CONSULTANT (Scope of Work.)" section of this RFP. Request for payment of services shall be billed to the City on a monthly basis in accordance with CONSULTANT`s fee proposal which is submitted in response to this RFP. SECTIQN 7. SELECTION OF A DESIGN CONSULTANT After interviewing the firms, the City will select a CONSULTANT. The City will enter into an agreement with one CONSULTANT for the Kaiser Permanente Sports Village Phase IV project. Primary selection of a consultant will be based on the interview committee's determination of which firm is most competent and qualified to do the work. Only after this primary selection is made will the fee proposals be opened. The City reserves the right the make a secondary selection of the consultant based on the submitted fee proposals. SECTION & SOLICITATION CAVEAT The PROPOSER understands and agrees that the CITY shall have no financial responsibility for any costs incurred by the PROPOSER in responding to this RFP and shall not be liable to any PROPOSER's costs attributed to the design of the project until the PROPOSER has executed a confract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this RFP after three days notice to all prospective PROPOSERS. Public Works Department ISO 1 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA 4. PACKET PG 312 d BAKERSFIELD THE SOUND OF �IM41,00#41 64lir SECTION 9. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the project, the submittal of a Fee Proposal and the City's selection of a consultant for this project should be directed to: Navdip Grewal, Civil Engineer IV Public Worms Department, Design Engineering City of Bakersfield l 501 Truxfun Avenue Bakersfield, CA 93301 Voice Phone: 661-326-3361 Facsimile: 661-852-2120 e-mail: n rewal4bakersfieldci .us Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 561-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA 4 PACKET PG 313 Addendum No. 1 BAKERSFIELD 11 THE SOUND OF; I.rmmligefi Project: Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2319 Today's Date: October 17, 2019 Page i of 2 NOTICE TO ALL PROPOSERS SUBMITTING ON TEAS WORD You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes and/or additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. CLARIFICATIONS: I . Each firm is to submit their fee proposal in a sealed envelope at the beginning of their scheduled interview on Wednesday, October 30, 2014. 2. The RFP cover letter states that "each firm is required to have in attendance at their interview the key personnel who will be working on the project." The reason for this requirement is to allow each proposing team the opportunity to best represent their qualifications and experience. The City understands that prior commitments may prevent some personnel from attending the interview. Having a missing team member will not "disqualify" a Proposer, however, the proposing team shall demonstrate through the presentation and interview their qualifications and ability to meet the requirements of the project. 3. The total anticipated Construction Budget for the Kaiser Permanente Sports Village Phase IV project is $8 million. This is inclusive of the National Park Service grant awarded to the City. 4. The Consultant shall be responsible for all necessary geotechnical services. 5. The restroom building and concession building are to be prefabricated. The Phase III restroom was supplied by Public Restroom Company. It is anticipated that a suitable product for the restroom building and concession building could be supplied by Public Restroom Company or other approved equal company. b. Design of the Community Center building is not part of the scope of work for this RFP. Consultants are required to include placement of the Community Center building as part of the Master Plan Update. The City is considering locating the Community Center closer to Taft Highway. Final programming of the Community Center building has not been determined; however, the City will supply the Consultant with an approximate building footprint size for use in the Master Plan prior to issuing the "Notice to Proceed". 7. The existing irrigation pump skid is maxed out but has enough capacity to irrigate Phases I — IV. 8. The new sports lighting, site lighting, and other Phase IV electrical requirements will need to be fed from a new PG&E service because the existing switch gear is maxed out. Consultant shall be responsible for calculating the size and location of the new electrical service and all other Phase IV electrical design. In addition to supplying power for the proposed Phase IV limit of work the new electrical service shall be designed with approximately 25% spare capacity. S:NPROJECTS12019-2020%POK234-Kaiser Permanente Sports Village Phase 4kcortsu1tantslRFQ RFP7wo Step ProceWsecond Step DocumentMADDENDUM #i.docx Public Works Department,9`x`9 'Q, 1501 Truxtun Avenue, Bakersfield, CA 93301 V 561-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 314 BAKERSFIELD THE SOUND ©Fr�rteG"lut►f 9. Each football field should include an electronic scoreboard (unless restricted by the PG&E easement). 10- The City would like to include a place for low portable bleachers (five rows or less, seating capacity T.S.D.) at the football fields. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. 1 . Addendum approved by: Navdip Grewal Civil Engineer IV— Design Engineering S:1PROJECTS12019-20201PQK234-Kaiser Permanente Sports Village Phase 4%consuftarttslRFQ_RFPITwo Step Prooess\Second step DocumentsIADDENDUM #1.docx Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 E 661-325-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 315 Addendum No. 2 (01 BAKERSFIELD THE SOUND OF,ra►�t�W'tft Project: Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2019 Today's Date. October 23, 2019 Page I of 4 NOTICE TO ALL PROPOSERS SUBMITTING ON THIS WORK You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes and/or additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. The deadline for submitting questions to this RFP is Thursday, October 24, 2019 at 4pm. CLARIFICATIONS: 1. The Consultant shall be responsible for working with the City to establish the necessary requirements for the restroom building and the concession building. The Consultant will coordinate these requirements with a qualified manufacturer such as Public Restroom Company or approved equal to put together an acceptable design. The manufacturer will be responsible for all architectural, engineering, and mechanical design. 2. The Consultant will not be responsible to produce plans and specifications for either the manufacturer to build or for the Contractor to bid. 3. The Concessions building shall be a Level 2 facility with regards to the types of food sold. 4. The two buildings will be located in close proximity and will need to match each other functionally and aesthetically; therefore, the buildings should be sourced from the same manufacturer. 5. The Consultant shall be responsible for designing all utility connections for the prefabricated buildings. f. The Consultant shall be responsible for designing the grading, compaction specifications, and hardscape around the building including all ADA requirements. 7. The Consultant shall be responsible for designing the remaining area around the restroom and concession buildings and inside the current stadium fence including but not limited to: a. Fences and gates as necessary to provide access to buildings from both the East (stadium) and West (future football field) sides. b. Gated entrance from North parking lot into the Stadium. c. Attractive "plaza like" design for space between building and existing improvements including landscape, hardscape, lighting and potentially seat walls and/or planters. d. Any necessary ramps, steps, railings or other elements as required by the topography of the site and ADA requirements. SIPROJECTSU019-2020TOK234-Kaiser Permanente Sports Village Phase 4lconsuttantMRF'Q_RFP\Two Step Process\second Step DocurnenWADDENDUM #2.docx Public Works Department jai``° IQs ISO 1 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-212O 11/20/19 CC AGENDA PACKET PG 316 (03 BAKERSFIELD THE SOUND OF,�n- werti(tol 't-,:irt S. The goal for the Kaiser Permanente Sports Village is a unified and seamless park such that when it is fully constructed the various "phases" would look and feel as though they were constructed as "one project" with the various park systems and elements working together. Therefore, whenever possible, the Consultant's design shall match the existing manner of construction, materials, manufacturer, colors, finishes, and existing themes for al landscape, irrigation, building, lighting, and drainage materials. a. The sports lighting shall be Musca LED lighting (to match stadium) or approved equal and incorporate manufacturer's construction details. b. Athletic fields shall be crowned to drain with drainage swales and drain inlets located outside the field of play used as necessary to transport runoff water back to the irrigation ponds. In addition to storm drains, Phase I and Phase II utilized bio-swales which should be replicated in Phase IV if deemed appropriate by the City. Bio-swale details used in Phase I and II will be made available to the consultant. c. Subsurface drainage was not used for the existing fields. Phase IV field preparation shall incorporate recommendations from the required Phase IV agronomist soil report. Prior reports can also be provided to the Consultant for reference. d. Phase IV signage is expected to be minimal. Any new signs are to match existing signs. e. All of the City's standard details are available at: https://bakers f e l d c ity. u s/govid epts/public_works/engineering/subdivision_n_en g i neeri n g_des ign_man u a l .htm. The "proposed" and/or recently adopted standards shall be those incorporated as needed. f. The City is also able to provide specifications for the planting of sod and solons (only sod is anticipated), and for the landscape maintenance period. The City will provide as -built plans (from existing phases) to the Consultant once the notice to proceed has been issued- The City cannot guarantee the availability or accuracy of the as -built plans but will supply them when available for reference. g. Plans and specifications produced by prior consultants shall be available for reference only. 9. For the purpose of updating the Master Plan, Consultant is not required to survey all of the already constructed park areas, however, Master Plan update should depict all significant changes to the site including but not limited to the actual location of the McKee Road to Road 3 extension/ connection, actual stadium design, actual lake configurations, and the various design modifications made during Phase I through Phase III. 10. The Consultant shall be responsible for all necessary design work for complete PS&E for the McKee Road to Road 3 extension/ connection including but not limited to all utility design, grading, compaction, drainage, and street lighting etc. This design will not require a separate plan submittal package, but will be part of the overall Phase IV design package. a. Consultant shall be responsible for design modifications to the existing slope between the existing football fields and the wastewater treatment plant fence which will include landscape and irrigation design and may include slope stabilization and/or possible retaining walls. b. Consultant shall be responsible for the interface between the existing football fields (future soccer fields) turf and the paving, curb, gutter, and sidewalk of the McKee Road extension. This interface may require grading, drainage, electrical, irrigation, and turf design modifications. c. Consultant should assume that the existing football goalposts will not be available for reuse in Phase IV. d. Consultant is not responsible for recommendations for renovations to existing turf within the sports fields. S:%PROJECTWO19-2020o POK234-Kaiser Permanente Sports Village Phase 4lconsultants\RFQ_RFP1Two Step ProcesslSecond Step Documents►ADDENDUM #2,docx Public Works Department`° 1501 Truxtun Avenue, Bakersfield, CA 93301 651-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 317 BAKERSFIELD THE SOUND OF, mrm1" tov F"fiPI 11. The City intends to convert the existing football fields to soccer fields and will self -perform the necessary tasks such as removing football goalposts and striping fields. 12. There are existing City sewer lines below Play Fair Drive which service existing restrooms and shall be extended to service the Phase IV improvements. The site will not utilize any septic tanks or leach fields, 13. At this time there are no State regulatory agencies that are anticipated to review the plans. 14. At this time the National Park Service's Federal Land and Water Conservation Fund Grant Program is the only federal agency anticipated to be involved with reviewing for compliance to the grant. The City has not received the final requirements for the grant, but we anticipate the consultant involvement will be minimal. The City will take the lead on the reporting, but the consultant may have to provide some information that the City may not have expertise on. We anticipate this to be very low level reporting usually on a quarterly basis. The City is not applying for any other grants for the Phase IV scope of work. 15. The $8 million dollar budget is to include the total construction cost inclusive of inspections, fees, and contingencies. 16. Design milestones for the project shall include deliverables for plan check review at 30%, 6(r/m, and 90% as well as final signed PS&E for public bid. The Consultant shall submit a project design schedule to the City at the design kickoff meeting. See section 6 of the RFP for additional information. 17. The park is irrigated with reclaimed water from the City's wastewater treatment plant located just to the north of the park. The reclaimed water from the plant also fills the two existing ponds and will be used for the third future pond. The scope of work includes the extension of a domestic water line with a fire hydrant or suitable air gap (to eliminate cross connection) to the existing irrigation pond or wet well for the purpose of supplying a backup supply of water for irrigation in the event that recycled water production was interrupted temporarily, The final water delivery method will need to meet all governing codes and may be subject to governing agency review. 18. Whenever they are available, the City will provide as-builts from previous phases as well as other pertinent information such as sprinkler run times and schedules for calculating the estimated irrigation water usage and supply. The City cannot guarantee the availability of all such material but is willing to work with the Consultant in obtaining the necessary information from the existing phases for calculating water usage. The Consultant shall be responsible for calculating the amount of water required for Phase 1V. I9. The existing pump skid has three irrigation pumps capable of producing 754 gpms each. The skid also has a S HP maintenance pump. Phases I and 11 share a 10" mainline. Phase III has a dedicated 10" mainline. The outlet pressure is variable but is typically around 100 to 114 psi. 20. The City recently installed a fertigation system. The City will provide information about the system and the potential fertilizers and pH adjusters that can be applied via the irrigation system to the Consultant after a Notice to Proceed has been issued. 21. The City has tested the irrigation water in the past. It is anticipated that the irrigation water will be tested again in the near future. This information can be made available to the Consultant after a Notice to Proceed has been issued. 22. Only a small percent of the water received and treated at the wastewater treatment plant is currently brought through the final treatment process and is suitable for irrigation purposes. Therefore, even in the case of a drought and a reduction in the amount of wastewater sent to the plant it is likely that the total amount of irrigation quality water produced would remain about the same. S:%PROJECTS12019-2420%POK234-Kaiser Permanente Sports village Phase 4lconsutiantMRFQ_RFMTwo Step ProceWsecond Step DocumentslADDENDUM #2.docx Public Works Department 42 �� 1501 Truxtun Avenue, Bakersfield, CA 93301^ 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 318 (03 BAKERSFIELD THE SOUND OF wtell t;�*� 23. The Limit of Work Exhibit for this RFP shows a total of six football fields with five football fields included in the limits of Phase IV. The City is opting for quality of fields over quantity of fields. First, as previously stated, the PG&E easement restricts the placement of sports lighting. Second, the existing temporary fields are located too close together and this has caused some confusion as players sometimes hear whistles from adjacent fields. Therefore the goal is to space fields sufficiently so adjacent games do not interfere with each other. It is anticipated that the factors listed above may limit the number of fields to five total. 24. CSI format specifications will be acceptable for this project. 25. The total site area at buildout is approximately 188 acres. The total Phase IV site area is approximately 25.5 acres. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. 2. Addendum approved by: avdip Grewal Civil Engineer 1V— Design Engineering S:IPROJECTST019-202OWOK234-Kaiser Permanente Sports Village Phase 4%consu1tantMRFQ_RFMTwo Step Process\Second Step DocumenMADDENDUM #2.docx Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 � 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 319 Addendum No. 3 BAKERSFIELD THE SOUND OF rC fr►t°t'�ru, rttfir Project: Master Pian Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2019 Today's Date: October 25, 2019 Page 1 of I NOTICE TO ALL PROPOSERS SUBMITTING ON THIS WORK You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes and/or additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. CLARIFICATIONS: I . It is anticipated that a combination ofas-built drawings and CAD files supplied by the City will be sufficient to represent the existing park areas with an acceptable degree of accuracy for the purpose of updating the Master Plan. As built drawings are available as hard copies and not in electronic/digital format. Available CAD files represent the three project phases at the time of public bid but do not include field changes made during construction. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. Addendum approved by: Navdip Grewal Civil Engineer IV— Design Engineering S:IPROJEC'TS12019-20201POK234-Kaiser Permanente Sports Village Phase 4%consuitants\RFC RFPITwo Step Pracessl.Second Step DocumentMADDENDUM #3.docx Public Works Department'° 'p ISO 1 Truxtun Avenue, Bakersfield, CA 93301 V 661-325-3724 FAX: 551-852-2120 11/20/19 CC AGENDA PACKET PG 320' I October 30, 2019 City of Bakersfield Public Works Department Second Floor, City Hall Annex 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Navdip Grewal, Civil Engineer IV 101 VERDE DESIGN SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ) FOR MASTER PLAN UPDATE AND DESIGN SERVICES FOR KAISER PERMANENTE SPORTS VILLAGE PHASE 1V Dear Mr. Grewal and Members of the Evaluation Committee: For the proposed Scope of Services that is based on the City of Bakersfield's (City) RFP document, Verde Design respectfully proposes the following not -to -exceed fixed fee as indicated below. This fee is based on the current hourly rate of the office as defined by our attached current Charge Rate Schedule, as well as the anticipated work effort that will be required to successfully complete this project. The fee will be billed as a percentage complete as broken down by the following phases: INDIVIDUAL PHASES TOTAL A. Master Plan Update Preliminary Phase (fixed fee) $ 61,783 B. Sports Village Phase IV Preliminary Phase (fixed fee) $ 88,477 C. Sports Village Phase IV Design Phase (fixed fee) $272,315 D. Spa rts Village Phase IV Bidding Phase (time -and -materials, not -to -exceed fee) $ 19,902 E. Sports Village Phase IV Construction Phase (time -and -materials, not -to -exceed fee) $126,749 F. Reimbursable Expenses (time -and -materials, not -to -exceed fee) $ 14,825 FEE TOTAL: $584,051 Survey of Phase I -III $ 15,880 Thank you again for the opportunity to work with the City of Bakersfield and we look forward to hearing from you. We acknowledge Addendum No. I -III. Sincerely, VERDE DESIGN, INC. NtltkSW—) Mark Baginski, RLA, LEED AP. Principal 951.221.3142 a mark@verdedesigninc.com 3685 Main Street, Suite 350 Riverside, CA 92501 LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 321 SCOPE OF WORK PROJECT UNDERSTANDING The scope of work will consist of a two-step approach. The first step will be to revise and update the master plan for the remainder of the City of Bakersfield's (City) park facility, which will provide analysis and modifications for building out the remaining phases and amenities of the facility. The master plan shall also include the portions of the site that have already been constructed so that the updated master plan will depict the complete vision for the site in a seamless and cohesive manner. The second step is to design Phase IV of the facility, which will consist of five (5) natural turf football fields, Field lighting for four (4) of the five (5) fields, fenced prefabricated restroom building and prefabricated concession building (level 2), three (3) parking lots, parking lot lighting, roadway improvements, street lighting, sidewalks/pedestrian routes, passive areas, site lighting and landscape and irrigation improvements. Phase IV will also include the conversion of four existing football fields into soccer fields and the connection of McKee Road to Road 3. All necessary wet and dry utilities for Phase IV improvements will be included as well as but limited to: • Potable water with drinking fountains, quick coupler valves, fire sprinklers if required and fire hydrants • Potable water line extension to existing irrigation pump skid as backup water source • Upsizing approximately 400 linear feet of existing potable water line from 8" to 16" diameter • Connection and reconnection of necessary water meters • Reclaimed water line extension to future (third) pond location. • Electric power, including calculating size and location of new PG&E service site and security lighting. • Communication systems • Maxicom capable irrigation control systems • Sanitary sewer collection system • Storm water collection and disposal system [in VERDE DESIGN • Possible piping system to pump pond water back to wastewater treatment plant percolation ponds in case existing pond reaches overflow stage (the City is considering options of tying into the existing irrigation system to accomplish this) SCOPE OF SERVICES Verde Design proposes to provide the following services in accordance with our above stated understanding of the project. All design work will be developed in AutoCAD: STEP ONE - MASTER PLAN UPDATE PRELIMINARY PHASE 1. Project Start-up, Site Investigation and Review of Existing Conceptual Plan Verde Design will attend one (1) kick-off meeting with the City to discuss the project intent, scope, budget, and schedule. In addition, we will establish file, administrative, and communication procedures and preferences. We will also review all data pertinent to the project, including site maps, as -built drawings provided by the City, pertinent historical data, City codes, ordinances, and policies that may pertain to the proposed project site or design. A visual inventory of the existing conditions at the site and adjacent off-site impact will also be completed. 2. Master Plan Update Verde Design will utilize the existing master plan document, as well as as -built documents from Phases I - III provided by the City to provide an updated master plan for the site. The plan will also include proposed development in Phase IV, as well as the proposed development for the remaining phases through final buildout. The survey task and preliminary grading plan shown in the Preliminary Design Phase will be used to inform the master plan update. We have also provided an optional survey task that would include Phases 1 -III so that the updated master plan can be developed more accurately. The initial plan will be a non -colored plan so that the City's LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN L 11/20/19 CC AGENDA PACKET PG 322 SCOPE OF WORK management team can review it and explore all possible outcomes for future buildout. The final plan will be a colored rendering at a minimum scale of I" = 150'. 3, Irrigation Study Verde Design will provide an irrigation study that will include the following: a. Calculate estimated irrigation water requirements for phase IV and entire Sports Village site at full build out based upon the master plan update. We understand that the City will provide us with the estimated water demand, flow, and scheduling of the existing irrigation systems for the built fields and amenities. b. Study of the existing lined pond to determine if it has enough capacity to provide storage of reclaimed water for the purpose of providing irrigation to the Phase IV improvements as well as the existing soccer fields, soccer stadium, and passive areas that were constructed as part of Phase I, Phase 11, and Phase III. Comparison between pond storage capacity and cumulative irrigation requirement. c. Provide appropriate calculations to determine the necessary size for the third proposed pond in future phasing to store the water required to irrigate the entire site at full build out. We understand that the City will provide us with the estimated storage capacity of the existing two ponds. The City will also provide the minimum water level desired to maintain in the ponds for aesthetic purposes. STEP TWO - SPORTS VILLAGE PHASE IV r'11FIIMlN4—Pv DESIGN PHASE 4. Review and Coordination Verde Deign will review the environmental document provided by the City and incorporate requirements of that document into the construction documents of Phase IV. We will coordinate all work efforts with appropriate utility companies regarding existing facilities, which may be in [in VERDE DESIGN conflict with the proposed developments of this project. We understand that we will not be responsible for the relocation design of existing utilities, We will apply for new utility services, if necessary. 5. Topographic Survey A topographic design survey will be provided for the Phase IV limit of work area. The resulting mapping will be prepared at a scale of 1" = 40' with 1 -foot contours being developed from the processed surface. This survey shall utilize an aerial topographic survey for the base mapping, with ground survey field locations far the join conditions for those improved areas (e.g. roadways, parking areas, etc.) . The location of visible utilities will be ground surveyed. The inverts of accessible storm drain and sanitary sewer manholes will be measured. Easements from a client provided title report will plotted. Aerial Survey - Add Alternative Optional Task for Master Pian As an optional task if desired we would provide an aerial topographic survey of Phases 1-I11, The resulting mapping will be prepared at a scale of 1 " = 40' with 1 -foot contours being developed from the processed surface. Based upon the aerial photograph obtained for this project, the location of the curbs, gutters, sidewalks, fences, retention basin, poles, and those visible utilities discerned from the photography will be platted. The perimeter boundary and easements from a client provided preliminary title report will be plotted. Specifically excluded is the ground editing of the aerial survey. 6. Geotechnical Investigation Geotechnical investigation will include 14 subsurface exploratory borings. The borings will be standard hollowstem drill rig to depths varying from 5 to 50 feet below the existing ground surface (bgsj or to refusal, whichever is shallower. Percolation testing will be performed in four (4) borings using falling head methods. The samples will be tested and a report will be provided that will include existing conditions and design recommendations. LANDSCAPE ARCHITECTURE CIVIL ENGINEERING • SPORT PLANNING & DESIGN 2 ' 11/20/19 CC AGENDA PACKET PG 323 SCOPE OF WORD 7. Preliminary Grading Plan A preliminary grading plan will be developed for the Phase IV improvements to inform the layout that will be shown in the master plan update. This plan will also provide more accurate costs relative to grading and potential retaining walls in the preliminary cost estimate. B. Prefabricated Restroom/Concessions Building Verde Design will coordinate with a manufacturer regarding the prefabricated restroom and concessions building. The coordination and design process will begin in the Preliminary Design Phase and will continue through the CD Phase, which includes coordination and plan submittal/approval with the County Health Department. Product elevations, floor plans/plan views, general utility information, roofing info and general sub- base preparation information will be provided by the manufacturer during the design phase. Structural calculations and full architectural drawings for prefabricated or even pre-engineered buildings are not typically provided until the manufacturer is under contract with either the city or with the successful contractor. If the City would like full architectural/structural/ mechanical/electrical drawings to be submitted during the design phase but would still like the contractor to enter into an agreement with the manufacturer when the project is awarded, there will be an additional fee to have the manufacturer provide said drawings. The fee for these drawings would then be deducted from the price of the building when/if ordered. As a result, fees for full architectural/plumbing/electrical/structural drawings are not included in our scope of work at this time. 9. Estimate of Probable Construction Cost A preliminary estimate of probable construction cost prepared in MS Excel will be prepared based upon the preliminary master plan update far Phase IV. A detailed, line item estimate will be prepared for use as a guide for the determination of future items to be constructed. Once final construction drawings are prepared based upon the final approved master plan, the estimate of probable construction cost will be updated. The estimates will be 10 VERDE DESIGN reviewed with the project development team modifications will be made as recommended. FINAL DESlr^' D"ASE 10. Review and Coordination Verde design will prepare final plans, specifications and estimates that will be submitted for review and approval at 50%, 95% levels of completion, which will include the following: a) Demolition Pian The demolition plan will identify items that are to be protected in place or relocated as well as items that must be removed and disposed of off-site. We will coordinate with City staff regarding these existing conditions as we develop the plans. b. Site Amenity Plan We will provide a site plan far the proposed items of construction. This plan will designate features of the proposed project as noted in our understanding that will include placement, detail references and construction details, material and manufacturer call -outs, general construction notes, and specific elements of the overall design, which are necessary for the proper construction of proposed items. c. Precise Grading / Horizontal Control Plan Precise grading and horizontal control plans reflecting building locations, finished grading around field areas, buildings and within paved pedestrian areas, and parking areas, horizontal control/signing and striping, curbs, gutters, area drains, hardscape, building finished floors and pad elevations, construction notes, quantities and construction details. d. Erosion Control Plan Erosion control plans for the project following the requirements of the State Water Resources Control Board's general construction activity storm water permit which can be used by the Contractor as the basis for their application of the required SWPPP construction stage dust and erosion control for the project. LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 3 i 11/20/19 CC AGENDA PACKET PG 324 SCOPE OF WORK e. On-site Utility Improvement Plans Engineered utility plans, at an appropriate scale, for domestic water, sewer, and gas from a point of connection to existing service mains directly adjacent to the project. This scope assumes that the existing off-site and/or on-site water, sewer, and gas systems have adequate capacity for the site development and that analysis or upgrades are not included in this proposal. Additional design to increase the capacity of the off-site utilities beyond the closest points of connections, including fire flows, are considered outside this scope. Included is the proposed upgrading of 400' of 8" potable water pipe to lb", the extension of the reclaimed water line to the future lake and the proposed return pipeline to the sewage treatment facility. f. Storm Wafer Management Plan Standard Urban Storm Water Mitigation Plan (SUSMP) that will address permanent stormwater quality measures to be implemented as part of the project construction. Best management practices would be implemented to ensure compliance with any MS4 permit requirements. g. Street Improvement Plans Street improvement plans for curb, gutter, and sidewalk improvements, which includes the extension of McKee Road into the park to meet the extension of Road 3 within the project. h. Electrical Engineering Plans The electrical plans will provide complete electrical and lighting plans for security lighting, parking lot lighting and sports lighting. We understand that new electrical service is also needed for Phase IV improvements. Plans will include photometric lighting calculations. i. Planting Plans The planting plan will indicate location of proposed, palms, shrubs, ground cover and natural grass. A planting legend will denote symbols, botanical and common names, size, quantities, and remarks. Planting notes and details will also be included. Water conservation and [in VERDE DESIGN sustainability are integral to our design process therefore we will select plant species that ore drought tolerant and appropriate for the project location. WUCOLS water use classifications and grouping for all plant material. i. Irrigation Plans The final irrigation plans will provide the necessary information for a complete and fully automatic irrigation system. The plans will indicate the proposed and/ or existing point of connection based upon agency information and requirements, existing or proposed backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. "Smart" Water Application Technologies (SWAT) will be utilized. Flow monitors and moisture sensors will be implemented. The new system will be designed to be compliant with existing Rainbird Maxicom Systems. We understand that reclaimed water will be used on site and that water will be pumped from on-site collection ponds using existing pump systems. The irrigation system design will comply with the State of California's water ordinance and will include the following information. • Water usage calculations jMAWA and ETWUj • Water efficient landscape worksheet and hydro -zone fable for each remote -control valve (water use category, area served in s.f., controller number, valve size and flow) • Verde Design will take soil samples from the site and submit them to a local soil lab to obtain a horticultural soils report (agronomic data) • Irrigation run time schedule based on soil type, solar exposure, and slopes • Use of ET based controller and a weather station utilizing rain and wind sensors • Statement note will be added regarding ordinance • WUCOLS water use classifications for all plant material k. Project Specifications and Bid Schedule Final technical specifications will be prepared in Word in the desired format for the proposed park development. LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 47 11/20/19 CC AGENDA PACKET PG 325 SCOPE OF WORK Specifications will include project description, bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and detail sheets within the appendix. We assume that the City will provide the boiler plate information for special provisions/General conditions etc. 1. Project Meetings Bi -weekly meetings throughout the design process are requested as part of the RFP therefore we have budgeted accordingly for an 8 -month design process according to the project time schedule. We understand that conference calls and/or web -based screen sharing meetings are acceptable but that some meetings of the City offices or on-site will be necessary. We have assumed 16 meetings based on the bi-monthly requirement with five (S) meetings being in person or on-site. BIDDING PHASE 11. Bid Support The Verde Design team will assist the City with: a. Responding to bid RFI submitted by potential bidders. b. Preparation of clarifications and bid addendum documents. We understand that the City will prepare the actual addendum to be issued. c. Review of any potential bids, substitution requests or other assistance during the bidding phase. CONSTaUCTION PHA:SF 12. Construction Support a. Attend the pre -construction meeting with the City and contractor. b. Review and respond to RFIs, submittals, shop drawings, and schedules required to be submitted by the contractor for conformance with the design plans and specificotions. c. Provide on-site consulting services including bi-weekly construction site meetings. It is difficult to know exactly what level of effort will be needed/requested or if [in VERDE DESIGN the construction period will be prolonged beyond our control. The fees for this task are an estimate, are shown for budgetary purposes and will be billed on a Time and Materials basis. We have assumed a construction period of 9 months with bi-weekly meetings as noted in the RFP. d. We will review and investigate contractor change orders and submit background information to the city to assist with decision making. If necessary, we will assist with the preparation of drawings and documents for approval. e. We will provide observation reports including progress and final construction site walks with punch lists noting action items for the contractor. We understand that the City will handle the day to day construction management process and special inspections coordination. f. Verde Design will coordinate with the contractor to review their as -built construction notes and will share them with all members of our design team as necessary so that accuracy can be confirmed. We will update final as -built record drawings and provide sets in hard copy, PDF and CAD files. EXCLUSIONS Without attempting to be all-inclusive and for purposes of clarity, the fallowing items are specifically not included in the Scope of Services: • Meetings other than those listed • Work outside the identified project area • Traffic Studies • Preparation of SWPPP; rain response monitoring, Annual Reports, SWPPP Updates and Change of Information (COI) /Notice of Termination (NOT) not included, and provided under separate authorization • Task items not specifically noted LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 5 11/20/19 CC AGENDA PACKET PG 326 101 VERDE DESIGN Verde Design, Inc. Charge Rate Schedule Effective until December 31, 2020 The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom. Project Rates Principal $235.40 per hour Project Manager/Construction Manager Level l=our $220.00 per hour Level Three $200.00 per hour Level Two $170.00 per hour Level One $155.00 per hour IT Manager $170.00 per hour CAD Manager $165.00 per hour Project Designer $145.00 per hour Job Captain/Staff Engineer/Construction Administrator $144.00 per hour Draftsperson Level II $125.04 per hour Draftsperson Level 1 $120.00 per hour Project Administrator $80.00 per hour Intern $70.00 per hour Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10% Reimbursable Expenses Blueprints and Reproductions Travel Expenses Photography Parking and Toil Expenses Models and Renderings Permit Fees Postage/Overnight Mail Service Courier Delivery Service LANDSCAPE ARCHITECTURE • CIVIL ENGINEERING • SPORT PLANNING & DESIGN 11/20/19 CC AGENDA PACKET PG 327 Addendum No. 1 kle BAKERSFIELD THE SOUND Oi= b * L,�c. �s � ;f •f`Fr Project: Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2019 Today's Date: October 17, 2019 Page 1 of 2 NOTICE TO ALL PROPOSERS SUBMITTING ON THIS WORK You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes and/or additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. CLARIFICATIONS: I . Each firm is to submit their fee proposal in a sealed envelope at the beginning of their scheduled interview on Wednesday, October 30, 2019. 2. The RFP cover letter states that "each firm is required to have in attendance at their interview the key personnel who will be working on the project." The reason for this requirement is to allow each proposing team the opportunity to best represent their qualifications and experience. The City understands that prior commitments may prevent some personnel from attending the interview. Having a missing team member will not "disqualify" a Proposer; however, the proposing team shall demonstrate through the presentation and interview their qualifications and ability to meet the requirements of the project. 3. The total anticipated Construction Budget for the Kaiser Permanente Sports Village Phase IV project is $8 million. This is inclusive of the National Park Service grant awarded to the City. 4. The Consultant shall be responsible for all necessary geotechnical services. 5. The restroom building and concession building are to be prefabricated. The Phase III restroom was supplied by Public Restroom Company. It is anticipated that a suitable product for the restroom building and concession building could be supplied by Public Restroom Company or other approved equal company. C. Design of the Community Center building is not part of the scope of work for this RFP. Consultants are required to include placement of the Community Center building as part of the Master Plan Update. The City is considering locating the Community Center closer to Taft Highway. Final programming of the Community Center building has not been determined; however, the City will supply the Consultant with an approximate building footprint size for use in the Master Plan prior to issuing the "Notice to Proceed". 7. The existing irrigation pump skid is maxed out but has enough capacity to irrigate Phases I — IV. 8. The new sports lighting, site lighting, and other Phase IV electrical requirements will need to be fed from a new PG&E service because the existing switch gear is maxed out. Consultant shall be responsible for calculating the size and location of the new electrical service and all other Phase IV electrical design. In addition to supplying power for the proposed Phase IV limit of work the new electrical service shall be designed with approximately 25% spare capacity. S:%PROJECTS12019-2020%POK234-Kaiser Permanente Sports Village Phase 4\wnsu1tantsWQ—RFPNTwo Step ProcesslSecond Step DocumentMADDENDUM #4.docx Public Works Department tot 1501 Truxtun Avenue, Bakersfield, CA 93301 651-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 328. (03 BAKERSFIELD THE SOUND OF, /I w►fel t-�-r 011- 9. Each football field should include an electronic scoreboard (unless restricted by the PG&E easement). 10. The City would like to include a place for low portable bleachers (five rows or less, seating capacity T.B.D.) at the football fields. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. X . Addendum approved by: Navdip Grewal Civil Engineer IV— Design Engineering S:VROJECTS12019-2020►PpK234-Kaiser Permanente Sports Village Phase 4lconsultantslRFQ_RFRl Step Prooesslsecortd Step DocumentMADDENDUM #1.docx Public Works Department V T 1501 Truxtun Avenue, Bakersfield, GA 93381 t .� 661 -326-3724 FAX: 661-852-2120 T~tit 11/20/19 CC AGENDA PACKET PG 329 Addendum No. 2 BAKERSFIELD THE SOUND OF Project: Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2019 Today's Date: October 23, 2019 Page 1 of 4 NOTICE TO ALL PROPOSERS SUBMITTING ON THIS WORK You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes andlor additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. The deadline for submitting questions to this RFP is Thursday, October 24, 2019 at 4nm. CLARIFICATIONS: 1. The Consultant shall be responsible for working with the City to establish the necessary requirements for the restroom building and the concession building. The Consultant will coordinate these requirements with a qualified manufacturer such as Public Restroom Company or approved equal to put together an acceptable design. The manufacturer will be responsible for all architectural, engineering, and mechanical design. 2. The Consultant will not be responsible to produce plans and specifications for either the manufacturer to build or for the Contractor to bid. 3. The Concessions building shall be a Level 2 facility with regards to the types of food sold. 4. The two buildings will be located in close proximity and will need to match each other functionally and aesthetically; therefore, the buildings should be sourced from the same manufacturer. 5. The Consultant shall be responsible for designing all utility connections for the prefabricated buildings. 6. The Consultant shall be responsible for designing the grading, compaction specifications, and hardscape around the building including all ADA requirements. 7. The Consultant shall be responsible for designing the remaining area around the restroom and concession buildings and inside the current stadium fence including but not limited to: a. Fences and gates as necessary to provide access to buildings from both the East (stadium) and West (future football field) sides. b. Gated entrance from North parking lot into the Stadium. c. Attractive "plaza like" design for space between building and existing improvements including landscape, hardscape, lighting and potentially seat walls and/or planters. d. Any necessary ramps, steps, railings or other elements as required by the topography of the site and ADA requirements. SAPROJECTSMI9.2020TOK234-Kaiser Permanente Sports Village Phase *consultantslRFQ_RFRTwo Step ProceWSecond Step Doeuments\ADDENDUM #2.docx Pubiic Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 i 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 330 (01 BAKERSFIELD THE SOUND OF5z*Y1Jtt0J S. The goal for the Kaiser Permanente Sports Village is a unified and seamless park such that when it is fully constructed the various "phases" would look and feet as though they were constructed as "one project" with the various park systems and elements working together. Therefore, whenever possible, the Consultant's design shall match the existing manner of construction, materials, manufacturer, colors, finishes, and existing themes for all landscape, irrigation, building, lighting, and drainage materials. a. The sports lighting shall be Musco LED lighting (to match stadium) or approved equal and incorporate manufacturer's construction details. b. Athletic fields shall be crowned to drain with drainage swales and drain inlets located outside the field of play used as necessary to transport runoff water back to the irrigation ponds. In addition to storm drains, Phase I and Phase 11 utilized bio-swales which should be replicated in Phase IV if deemed appropriate by the City. Bio-swale details used in Phase 1 and 11 will be made available to the consultant. c. Subsurface drainage was not used for the existing fields. Phase 1V field preparation shall incorporate recommendations from the required Phase IV agronomist soil report. Prior reports can also be provided to the Consultant for reference. d. Phase IV signage is expected to be minimal. Any new signs are to match existing signs. e. All of the City's standard details are available at: https://bakersfieldcity.us/gov/depts/public_works/engineering/subdivi s ion _n—engi neering_des ign_manual .htm. The "proposed" and/or recently adapted standards shall be those incorporated as needed. f. The City is also able to provide specifications for the planting of sod and solons (only sod is anticipated), and for the landscape maintenance period. The City will provide as -built plans (from existing phases) to the Consultant once the notice to proceed has been issued. The City cannot guarantee the availability or accuracy of the as -built plans but will supply them when available for reference. g. Plans and specifications produced by prior consultants shall be available for reference only. 9. For the purpose of updating the Master Plan, Consultant is not required to survey all of the already constructed park areas, however, Master Plan update should depict all significant changes to the site including but not limited to the actual location of the McKee Road to Road 3 extension/ connection, actual stadium design, actual lake configurations, and the various design modifications made during Phase I through. Phase III. 10. The Consultant shall be responsible for all necessary design work for complete PS&E for the McKee Road to Road 3 extension/ connection including but not limited to all utility design, grading, compaction, drainage, and street lighting etc. This design will not require a separate plan submittal package, but will be part of the overall Phase IV design package. a. Consultant shall be responsible for design modifications to the existing slope between the existing football fields and the wastewater treatment plant fence which will include landscape and irrigation design and may include slope stabilization and/or possible retaining wails. b. Consultant shall be responsible for the interface between the existing football fields (future soccer fields) turf and the paving, curb, gutter, and sidewalk of the McKee Road extension. This interface may require grading, drainage, electrical, irrigation, and turf design modifications. c. Consultant should assume that the existing football goalposts will not be available for reuse in Phase 1V. d. Consultant is not responsible for recommendations for renovations to existing turf within the sports fields. SAPROJECTS= 1 9-202MPOK234-Kaiser Permanente Sports Village Phase 4lcansultants\RFQ RFP1Two Step ProcessiSecond Step Documents3AODENDUM #2.docx Public Works Department V �P 1501 Truxtun Avenue, Bakersfield, CA 93301 561-376-3724 FAX: 66 1-852-2120 11/20/19 CC AGENDA PACKET PG 331 BAKERSFIELD THE SOUND OF 5mNi(wl ttpr H. The City intends to convert the existing football fields to soccer fields and will self -perform the necessary tasks such as removing football goalposts and striping fields. 12. There are existing City sewer lines below Play Fair Drive which service existing restrooms and shall be extended to service the Phase IV improvements. The site will not utilize any septic tanks or leach fields. 13. At this time there are no State regulatory agencies that are anticipated to review the plans. 14. At this time the 'National Park Service's Federal Land and Water Conservation Fund Grant Program is the only federal agency anticipated to be involved with reviewing for compliance to the grant. The City has not received the final requirements for the grant, but we anticipate the consultant involvement will be minimal. The City will take the lead on the reporting, but the consultant may have to provide some information that the City may not have expertise on. We anticipate this to be very low level reporting usually on a quarterly basis. The City is not applying for any other grants for the Phase IV scope of work. 15. The $8 million dollar budget is to include the total construction cost inclusive of inspections, fees, and contingencies. 16. Design milestones for the project shall include deliverables for plan check review at 30%, 60%, and 90% as well as final signed PS&E for public bid. The Consultant shall submit a project design schedule to the City at the design kickoff meeting. See section 6 of the RFP for additional information. 17. The park is irrigated with reclaimed water from the City's wastewater treatment plant located just to the north of the park. The reclaimed water from the plant also fills the two existing ponds and will be used for the third future pond. The scope of work includes the extension of a domestic water line with a fire hydrant or suitable air gap (to eliminate cross connection) to the existing irrigation pond or wet well for the purpose of supplying a backup supply of water for irrigation in the event that recycled water production was interrupted temporarily . The final water delivery method will need to meet all governing codes and may be subject to governing agency review. 18. Whenever they are available, the City will provide as-builts from previous phases as well as other pertinent information such as sprinkler run times and schedules for calculating the estimated irrigation water usage and supply. The City cannot guarantee the availability of all such material but is willing to work with the Consultant in obtaining the necessary information from the existing phases for calculating water usage. The Consultant shall be responsible for calculating the amount of water required for Phase IV. 19. The existing pump skid has three irrigation pumps capable of producing 750 gpms each. The skid also has a 5 HP maintenance pump. Phases I and 11 share a 10" mainline. Phase III has a dedicated 10" mainline. The outlet pressure is variable but is typically around 100 to 110 psi. 20. The City recently installed a fertigation system. The City will provide information about the system and the potential fertilizers and pH adjusters that can be applied via the irrigation system to the Consultant after a Notice to Proceed has been issued. 21. The City has tested the irrigation water in the past. It is anticipated that the irrigation water will be tested again in the near future. This information can be made available to the Consultant after a Notice to Proceed has been issued. 22. Only a small percent of the water received and treated at the wastewater treatment plant is currently brought through the final treatment process and is suitable for irrigation purposes. Therefore, even in the case of a drought and a reduction in the amount of wastewater sent to the plant it is likely that the total amount of irrigation quality water produced would remain about the same. S:IPROJECTSI2019-2020%POK234-Kaiser Permanente Sports Village Phase 4lconsuftants%RFQ_RFPITwo Step ProcessiSeoond Step DocumentslADDENDUM #2.docx Public: Works Department V 1501 Truxtun Avenue, Bakersfield, CA 93301 t: 661-326-3724 FAX: 661-852-2120 11/20/19 CC AGENDA PACKET PG 332 CIO BAKERSFIELD THE SOUND OF,�z*frarj 6"00'. 23. The Limit of Work Exhibit for this RFP shows a total of six football fields with five football fields included in the limits of Phase IV. The City is opting for quality of fields over quantity of fields. First, as previously stated, the PG&E easement restricts the placement of sports lighting. Second, the existing temporary fields are located too close together and this has caused some confusion as players sometimes hear whistles from adjacent fields. Therefore the goal is to space fields sufficiently so adjacent games do not interfere with each other. It is anticipated that the factors listed above may limit the number of fields to five total. 24. CSI format specifications will be acceptable for this project. 25. The total site area at buildout is approximately 188 acres. The total Phase IV site area is approximately 25.5 acres. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. 2. Addendum approved by: avdip Grewal Civil Engineer IV— Design Engineering S.WROJECTS12019-20201POK234•Kaiser Permanente Sports Village Phase Mconsultants%RFQ_RFRTwo Step Process\Second Step Documents%DDENDUM #2.docx Public Warks Department 1501 Truxtun avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-2120 7�W 11/20/19 CC AGENDA PACKET PG 333 Addendum No. 3 BAKERSFIELD THE SOUND Project: Master Plan Update and Design Services for Kaiser Permanente Sports Village Phase IV Project Number: POK234 Interview Date: October 30, 2019 Today's Date: October 25, 2019 Page 1 of 1 NOTICE TO ALL PROPOSERS SUBMITTING ON THIS WORK You are hereby notified of the following changes and/or additions to the Request for Fee Proposal documents for the above referenced project. Such changes and/or additions are hereby made a part of that document and shall take precedence over anything to the contrary therein. CLARIFICATIONS: 1. It is anticipated that a combination of as -built drawings and CAD files supplied by the City will be sufficient to represent the existing park areas with an acceptable degree of accuracy for the purpose of updating the Master Plan. As built drawings are available as hard copies and not in electronic/digital format. Available CAD files represent the three project phases at the time of public bid but do not include field changes made during construction. NOTE: All Proposers submitting a Fee Proposal for this work shall denote in their submittal and on the outside of the submittal envelope that they have received ADDENDUM NO. 3. Addendum approved by: 1_�Vk , ,,• Navdip Grewal Civil Engineer IV— Design Engineering S:IPRQJEC7S12019-20201POK234-Kaiser Pemianente Sports Village Phase 4iconsultan1MRFQ_RFPXTwo Step Process\Second Step DocumentsWDDENDUM #3.doex Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301 661-326-3724 FAX: 661-852-2120 7 11/20/19 CC AGENDA PACKET PG 334, d0% W BAKERSFIELD THE SOUND OF bUleu7W11 hVe6ke ADMINISTRATIVE REPORT MEETING DATE: 11/20/2019 New Business 13. a. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 11/4/2019 WARD: SUBJECT: Wastewater Revenue Refunding Bonds 1. Approve plan directing staff to move forward with refinancing of Wastewater Revenue Refunding Bonds, Series 2015A. 2. Agreement with Kutak Rock LLP in the amount of $100,000 for Special Bond Counsel services associated with financial planning for the proposed tax-exempt forward refunding of Wastewater Revenue Refunding Bonds. 3. Amend agreement with Nixon Peabody, LLP for Disclosure Counsel services adding the Wastewater Revenue Refunding Bonds to existing contract for a total not to exceed amount of $90,000. STAFF RECOMMENDATION: Staff recommends approval of action plan and of the related agreements. BACKGROUND: The City has reviewed the potential cost savings of refinancing opportunities of existing debt obligations in the City Wastewater Enterprise. This takes advantage of historic low interest rates and would recognize significant cost savings over time for the citizens of Bakersfield. The refinancing relates to a bond originally issued in 2007 in the amount of $234 million (Series A for $190 million and Series B for $44 million) to fund the expansion and upgrade of Sewer Plant #3. A portion of this issuance was subsequently refunded in September 2015, refinancing an aggregate principal amount of $145.5 million. It should be noted that sufficient reserves have been available since the bonds had been issued in 2007 and have been used to allow the early payoff of a significant portion of the debt (originally Series B - $43.7 million). The 2015 refunding bond contains an optional redemption clause allowing the City to call $25 million prior to maturity on September 15, 2020. This clause was included with the anticipation of sufficient reserves being available to pay some, if not all, of these callable bonds. While reserves cannot be used to cover the full $25 million, $12 million is available to call a portion, leaving $13 million available to refinance. Given the current low rates in the market for this type of 11/20/19 CC AGENDA PACKET PG 335 debt, the City estimates a savings of over $10 million ($5.3 million Net Present Value) through the remaining life of the bonds by conducting what is called a forward refunding. This refinancing would not add any new money to the debt obligation and would not extend the term of the debt. Action Plan - There are several steps involved in any refinancing process. The first step is to ask Council to authorize staff to proceed with the refinancing plan laid out in tonight's presentation and engage necessary professional services. The next step is to approve agreements with the City's bond counsel and disclosure counsel, both necessary to move forward and complete the refunding. City staff has determined that it is in the Wastewater Enterprise's best interest to proceed with using $12 million in reserves to call a portion of the 2015 Bonds and proceed with a tax-exempt forward refunding of the remaining portion of the callable Series 2015A Bonds by issuing its City of Bakersfield Wastewater Refunding Revenue Bonds, Series 2020A. This action is allowed under Section 33.3 of the City Charter, Chapter 3.55 of the City Municipal Code and the provisions in Title 5, Division 2, Part 1, Chapter 3 of Articles 10 and 11 of the California Government Code. The 2020 Bonds will be secured by a pledge of and payable from "Net Revenues", which consist of certain revenues of the Wastewater System less operations and maintenance costs, similar to the 2015 Refunded Bonds. The 2020 Bonds will be on parity with the outstanding 2015 Water Bonds. It is anticipated that these actions will produce an average annual reduction in debt payments of $1,706,678 ($730,556 annually in first ten years) based on current market conditions, subject to change. The first proposed agreement engages Kutak Rock to serve as bond counsel to the City in connection with the proposed tax-exempt forward refunding of the 2015 Wastewater Revenue Bonds. Kutak Rock also assisted the City with the original Wastewater Revenue bonds in 2007 and with the refunding in 2015, along with refunding of the Arena bonds in 2006. The second agreement is an amendment to the existing contract with the City's disclosure counsel adding the services necessary for the proposed refunding. Nixon Peabody has served as the City's disclosure counsel on other bond related matters including the 2017 Water Bond issue and continuing disclosure services on all other bond issuances for the City of Bakersfield. The Council will have the opportunity to review the specific bond documents and approve the debt transaction at a future Council meeting; probably in January 2020. ATTACHMENTS: Description Type D Wastewater Refunding Presentation D Kutak Rock Agreement Agreement D Nixon Peabody Agreement Agreement 11/20/19 CC AGENDA PACKET PG 336 D J uj LL LU Q m E 11/20/19 CC AGENDA PACKET PG 337 Z D Z o` =R' O LLM Lu N DC � N W Q W m ` W I.. W Q 0H Z N O N 11/20/19 CC AGENDA PACKET PG 337 GC W A V) 0 Z O m 01 H i O m LO O N a Q 11/20/19 CC AGENDA PACKET PG 338 w 0 •i D L O N O O = V O = • - � N � O Q 4� N O E E Ln Ln �Q 0 W III N • W \III Y Q 11/20/19 CC AGENDA PACKET PG 338 H Z O I- CL CL O 7ur` F� 0 Z W M 0 J W LL • �N \III W Y Q 11/20/19 CC AGENDA PACKET PG 339 V Z 0 ZZ O LL W H c �Q W CL Q 3::0 LU V Q 0 J W lilk N • mill W 11/2 0/19 CC AGENDA PACKET PG 340 m rl� VV Z _ Q Z � 0 z Z OZ LU w � N O N Q m o o LO "4-00 °' N � CO o N <LL.0 Co N o N I L 0 W Lc) p 0 0 p M H N O W JZ Z Z 0 N twn o W m W O Q °o Z ILL W O W V u V W Z W H � U > 0 H 0 > � Q LLj LU V) H cn V) J Q J � W cn 0 W o z z z > W Q W 0 w c) Z ''tenn IL V IL IL 0 J W lilk N • mill W 11/2 0/19 CC AGENDA PACKET PG 340 m W V_ W N r co W 0 � s N O N 0 0 0 0 0 0 0 0 0 0 Ci c 0 0 0 0 0 0 0 0 d N O OD to,)- 4b4 to,) - d4 Efi Lr, o% N O N a 01. 00 N O N a 101. n N O N r 10 N O N J V1 N O N v N O N 1014. M N 0 N N N O N r N O N V1 J O N O N J II N N N 0 O CL U 0 0 0 o J 0 0 o e9- LJJ 0 0 0 0 0 0 �pl N t � Willi W Y- 1112 11/Z 0/19 CC AGENDA PACKET PG W 341 0 Z W W W W H Q W H H J W �plN • ■III W Y Q 11/20/19 CC AGENDA PACKET PG 342 O O O C O m O O O O N NE N �o O 3 a N � O C%4 a) �o �� O� N �} � O o > o > Z o i U O 4- v)E N Oo p O o C O C) C� N -0 Oa DL Q�0 > > u N c Q QUA U- m Z J W �plN • ■III W Y Q 11/20/19 CC AGENDA PACKET PG 342 KUTAKROCK Kutak Rock LLP 1801 California Street, Suite 3000, Denver, CO 80202-2652 office 303.297.2400 Michael K. Reppe 303.292.7786 michael.reppe@kutakrock.com October 25, 2019 Virginia Gennaro, Esq. City Attorney City of Bakersfield 1600 Truxtun Avenue, 41h Floor Bakersfield, California 93301 Re: Engagement Letter for the Tax -Exempt Forward Refunding of a Portion of the Outstanding City of Bakersfield Wastewater Revenue Refunding Bonds, Series 2015A Dear Ms. Gennaro: We are pleased to submit this letter for our engagement to serve as bond counsel to the City of Bakersfield (the "City") in connection with the proposed tax-exempt forward refunding for the above -referenced Wastewater Revenue Refunding Bonds, Series 2015A (the "Series 2015A Bonds"). Our goal is to provide our clients with responsive, high quality and cost- effective legal services. We are pleased to be of assistance to you in this matter and believe it is important to briefly set forth some of the important aspects of our attorney-client relationship. Accordingly, the purpose of this letter is to serve as our engagement agreement (the "Engagement Agreement"). We understand that the Series 2015 A Bonds were previously issued for the purpose of re -financing a portion of the expansion of the City's wastewater treatment plant from a capacity of 16 MGD to 32 MGD and related improvements, which were originally financed, in part, with the proceeds of the City's Wastewater Revenue Bonds, Series 2007A (the "Project"), and that the Series 2015A Bonds were secured by a pledge of the Net Revenues from the City's municipal wastewater system. The Series 2015A Bonds were issued pursuant to the terms of a resolution and a master indenture and a supplemental indenture each entered into by and between the City and the Trustee (collectively, the "Indentures"). The City has determined that it is in their best interest to proceed with a tax-exempt forward refunding of a portion of the outstanding Series 2015A Bonds by issuing its City of Bakersfield Wastewater Refunding Revenue Bonds, Series 2020A (the "Series 2020A Bonds"). 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 343 KUTAKROCK Virginia Gennaro, Esq. October 25, 2019 Page 2 SCOPE OF ENGAGEMENT In this engagement, we expect to perform the following duties: 1. Prepare the necessary notices of redemption and defeasance of the Series 2015A Bonds that must be delivered to bondholders, the trustee and the rating agencies. 2. Draft the resolution approving the redemption and defeasance of the Series 2015A Bonds and the issuance of the Series 2020A Bonds. 3. Draft the supplemental indenture, escrow agreement and tax compliance certificate and the other documents necessary and appropriate for the financing. 4. Negotiate and comment on the Forward Delivery Purchase Contract. 5. Prepare and review additional documents necessary or appropriate for the actions described in subparagraphs 1-4. 6. Review those sections of the preliminary and final official statements for the Series 2020A Bonds and necessary supplements thereto (the "Official Statement") or other form of offering or disclosure document to be disseminated in connection with the issuance of the Series 2020A Bonds, the security provisions for the Series 2020A Bonds and certain tax matters. We will also prepare a summary of the legal documents entered into by the City for inclusion in the Official Statement relating to the execution and delivery of the Series 2020A Bonds. We understand that another law firm will act as disclosure counsel to the City and will deliver an opinion regarding the accuracy and completeness of information concerning the City, the wastewater enterprise and the Project in the Official Statement. 7. Prepare the necessary documents required to be delivered on the respective closing date and settlement date required for a forward delivery financing. 8. Prepare and deliver to the City a complete transcript of the documents and certificates executed in connection with this transaction. 9. Perform tax due diligence necessary to deliver the opinions required of bond counsel in connection with this transaction. Our duties in this engagement are limited to those expressly set forth above. Among other things, our duties as bond counsel do not include: (a) Except as described in paragraph (6) above, assisting in the preparation or review of the Official Statement or any other disclosure documents with respect to the 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 344 KUTAKROCK Virginia Gennaro, Esq. October 25, 2019 Page 3 Series 2020A Bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the Official Statements or other disclosure documents do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they are made, not misleading. (b) Preparing requests for tax rulings from the Internal Revenue Service, or no action letters from the Securities and Exchange Commission. Bonds. (c) Preparing blue sky or investment surveys with respect to the Series 2020A (d) Drafting state constitutional or legislative amendments. (e) Pursuing test cases or other litigation. (f) Making an investigation or expressing any view as to the creditworthiness of the City, any credit enhancement provider, or the Series 2020A Bonds. (g) Assisting in the preparation of, or opining on, a continuing disclosure undertaking pertaining to the Series 2020A Bonds or, after Closing, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking. (h) Representing the City in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations. (i) After Closing, providing continuing advice to the City or any other party concerning any actions necessary to assure that interest paid with respect to the Series 2020A Bonds will continue to be excludable from gross income of the bondholders for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Series 2020A Bonds). 0) Handling any real estate aspects, if any, for the Project. (k) Preparing any amendments or taking any actions related to the Series 2020A Bonds. (1) Addressing any other matter not specifically set forth above that is not required to render our opinions related to this transaction. 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 345 KUTAKROCK Virginia Gennaro, Esq. October 25, 2019 Page 4 FEES The City will be responsible for paying our legal fees. Our legal fees for services rendered as bond counsel will be billed to the City upon the closing related to the issuance of the Series 2020A Bonds. Our total legal fees for the services described above are estimated to be $100,000. We will also bill the City for all of our reasonable out-of-pocket expenses for photocopying, transcripts, facsimile, airfreight, long-distance telephone calls, travel, hotel expenses and other similar costs. In the event that the scope of this engagement changes substantially or extraordinary matters occur which are not presently contemplated, we will seek a mutual agreement with you as to the revised nature of our services and the charges therefor. For example, our fee estimate would change should the City decide to (i) issue a new series of revenue bonds to finance new wastewater system improvements, or (ii) make substantial amendments to the existing indentures to change covenant requirements. If this engagement will require the firm to deliver legal opinions not contemplated as of the date of this Engagement Agreement, an additional charge for the delivery of such opinions will be charged to you as reasonably determined by the firm on a case-by-case basis. RECORDS Papers and property furnished by you to us will be returned promptly upon request. Our own files, including lawyer work product, pertaining to the transaction will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of our engagement. INDEPENDENT CONTRACTOR The parties intend that in performing the services specified herein, Kutak Rock LLP shall act as an independent contractor, having control of the work and the manner in which it is performed. We are not to be considered an agent or employee of the City and we are not entitled to participate in any employee benefits that the City may provide for its employees. We are responsible for compliance with the payment of employer -related taxes, business licenses and insurance on our own behalf and for our employees, including, but not limited to, federal and state income taxes, federal and state unemployment insurance, workers compensation insurance, adequate property damage and personal liability insurance and Social Security (FICA) taxes. NON -ASSIGNABILITY This Engagement Agreement shall not be assignable by either party without the prior written consent of the other party. 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 346 KUTAKROCK Virginia Gennaro, Esq. October 25, 2019 Page 5 We look forward to working with you on this transaction. Please do not hesitate to contact me if you have any questions. Please execute the enclosed copy of this letter and return it to the firm in the enclosed envelope and keep the other enclosed copy for your files. With best wishes, Sincerely yours, KUTAK ROCK LLP rA - —ic- h -a --- e -1-1k. •FRIOUM 1 • 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 347 Virginia Gennaro, Esq. October 25, 2019 Page 6 The undersigned acknowledges and accepts the terms and conditions of this Engagement Agreement. CITY OF BAKERSFIELD By _ Name Karen Goh, Mayor Dated: APPROVED A TO FORM: By: Vir nia Ge aro, City Attorney COUNTERSIGNED: LIN Randy McKeegan, Finance Director 4810-9353-7450.1 11/20/19 CC AGENDA PACKET PG 348 AGREEMENT NO AMENDMENT NUMBER ONE (1) TO ATTORNEY RETAINER AGREEMENT NO. CA19-009 THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. CA19-009 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation (referred to herein as "CITY'), and NIXON PEABODY 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. CAI 9-009 on July 17, 2019, for legal services not to exceed $40,000 in the following matters: Continuing Disclosure for Refunding Certificates of Participation Convention Center and Arena Bonds Series 2006 A and B; Continuing Disclosure for Wastewater Revenue Bonds; Continuing Disclosure for Bakersfield Redevelopment Agency Tax Allocation Bonds Series 2009 A and B; and, General Continuing Disclosure Matters for Assessment Districts. WHEREAS, additional monies are needed to continue with outside legal services in connection with these matters and the 2020 Wastewater Refunding; WHEREAS, CITY and ATTORNEY desire to amend Agreement No. CA19-009 to increase the amount of compensation to ATTORNEY by the sum of Fifty Thousand Dollars ($50,000) for a total not to exceed of Ninety Thousand Dollars ($90,000) for this action. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. Paragraph 2 of Agreement for Legal Services No. CAI 9-009 dated July 17, 2019, is hereby amended in its entirety to read as follows: Attorney Retainer Agreement —Arean.Wastewater.RDA.Bonds S.IATT0RNEY1Agrs\19-20 Agrs\NixonPeahody.ArenaWastewaterRDAeonds.AttyRtnAgrCA19-009Amdt.docx - November 5, 2019 -- Page 1 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 349 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: 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". In no event shall this Agreement exceed the total amount of Ninety Thousand Dollars ($90,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to all approved out-of-pocket costs and taxes. Prior to payment all bills shall be reviewed and approved by the City Attorney or his designee. 2. EFFECT OF THIS AMENDMENT. Except as amended in this Agreement, all of the provisions of Agreement for Legal Services No. CAI 9-009, dated July 17, 2019, 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") as KAREN GOH Mayor NIXON P ABODY LLP ("ATTORNEY") By: DA M Partner Additional Signatures on Following Page Attorney Retainer Agreement — Arean. Wastewater, RDA. Bonds sl VATTORNEYWgrs119-20 AgrsWixonPeabody.ArenaWastewaterRDABonds.AttyRtnAgrCA1B-009Amd1.docx - November 5, 2019 -- Page 2 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 350 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director VG:ac Attorney Retainer Agreement— Arena.Wastewater.RDA. Bonds SAATTORNEMgrs119-20 AgrsWixonPeabody.ArenaWastewaterRDABonds.AttyRlnAgrCA19-009Amdt.docx - November 5, 2019 -- Page 3 of 3 Pages -- 11/20/19 CC AGENDA PACKET PG 351 Fee Schedule Nixon Peabody LLP 300 South Grand Avenue, Suite 4100 Los Angeles, CA 90071-3151 Personnel Rate Principals i.e. Attorneys) 547.00 / hour Staff i.e. Paralegals) 263.00 / hour Support i.e. Administrative 0.00 11/20/19 CC AGENDA PACKET PG 352