HomeMy WebLinkAboutTruxtun Avenue (2) - Spin ScootersENCROACHMENT PERMIT
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661)326-3724
TO THE CITY ENGINEER OF THE CITY OF BAKERSF€ELD CAUFC)RNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place.
erect, use and maintain an encroachment on public property or right of way as therein defined.
Application Number . . . . . 2.1-3000DO20 Tate 8127/2i�
Property Address . . . . . . RRUXTMT AVE
Application type description P'r7 - ENCROP.CHME17T PEM-I '
Owner Contractor
SXTM4Y-LAB 114C`DEA nPIN SXIfxNY^I7�3-DBA SPIPx - -
450 tdxSSlt}3t Si SEfZT: 400 450 MISSION STREET SUITE 400
SAti PRxV;CiSCO CA 94105 SAN F=4CSSCO
(S10) 479-0906 CA 94,105
MO) 97,9-0906
Permit . . EtdCROAC� —rr PERMIT
------- __—--------------
- »µ»+______ _________
Additional desc . ,
Phone Access Code 2768691
Permit Pee 5,75.00
Issue Date 6/20/21 Valuation
Expiration Date 0
Qty Unit Charge Per
:{D2II s i C:a
BASE FEE Extension
575.00
specie] Notes and Comments ----»_--------------- -----------------
Will provide an e-scooter share program
to the City of Bakersfield f'or a term of
one(l) calendar year fxcm date of
issuance of this Encroachment per,
per attached Exhibit A,
Contact: Alex April (719.) 32`1-1430
Fee summary______-Chazgect____»---Paz.d_.__-4Creditea-__________________
- _ _ _ ---- - _ Due
Permit Fee Total 57S.00 HSiS.(lQ -------___
.Grand Total .00
575.. 00 5?S . t3Q GC .00
Applicant acknowledges the right of the City Engineer,
revoke the permit at any time,
Signature of Applicant (OwnerlAgent)
Pursuant to the Bakersfield Municipal Code Chapter 12.20 to
TC-0 k-olwl'cY N
Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2)
WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTED) (DEN}- P Skid permit shall expire on date stated above.
Signature of City Engineer Date
Additional Terms on the Back
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661)326-3724
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place,
erect, use and maintain an encroachment on public property or right of way as therein defined.
Application Number . . . . . 21-30000020 Date 8/27/21
Property Address . . . . . . TRUXTUN AVE
Application type description PW - ENCROACHMENT PERMIT
Owner Contractor
SKINNY LAB INC DBA SPIN SKINNY LAB DBA SPIN
450 MISSION ST SUITE 400 450 MISSION STREET SUITE 400
SAN FRANCISCO CA 94105 SAN FRANCISCO CA 94105
(510) 479-0906 (510) 479-0906
----------------------------------------------------------------------------
Permit . . . . . . ENCROACHMENT PERMIT
Additional desc . .
Phone Access Code . 2768091
Permit Fee . . . . 575.00
Issue Date . . . . 6/29/21 Valuation . . . . 0
Expiration Date . .
Qty Unit Charge Per Extension
BASE FEE 575.00
----------------------------------------------------------------------------
Special Notes and Comments
Will provide an e-scooter share program
to the City of Bakersfield for a term of
one(1) calendar year from date of
issuance of this Encroachment Permit,
per attached Exhibit A.
Contact: Alex April (719) 321-1430
----------------------------------------------------------------------------
Fee summary Charged Paid Credited Due
----------------- ---------- ---------- ---------- ----------
Permit Fee Total 575.00 575.00 .00 .00
Grand Total 575.00 575.00 .00 .00
Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to
revoke the permit at any time.
Signature of Applicant (Owner/Agent) Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2)
WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above.
Signature of City Engineer
Date
Additional Terms on the Back
Exhibit A
Conditions for Encroachment Permit #
Permittee desires to deploy, operate and rent shared mobility devices known as stand-up electric scooters within the
City of Bakersfield and to utilize or encroach upon the City's right-of-way to make such scooters available to their
customers and asa place fortheir customers to return such scooters afteruse. Permittee must follow the following
conditions of approval, including but not limited to, appropriate indemnification provisions, insurance requirements
and operating and maintenance requirements during the term of the permit. Failure to follow the conditions and
provisions outlined below, and/or in Chapter 12.20 of the Bakersfield Municipal Code and/or the California Civil
Code §2505, may result in the revocation of this encroachment permit and the termination of thepermit.
Operations, Term and Maintenance
1. Permittee and its subsidiaries and/or fleet managers are authorized to operate up to 200 individual
stand-up electric scooters within the City of Bakersfield; In no circumstances shall the total number of
stand-up electric scooters deployed within the City of Bakersfield exceed 200, unless authorized in
writing and formalized as an addendum to this permit by the Public Works Director.
2. For purposes of this permit, deployed means individual stand-up electric scooters available to by
rented via the Permittee's app plus the number of individual stand-up electric scooters in use at any
given time during the term of this permit.
3. Permittee is granted a permit to operate stand-up electric scooters for a period of one calendar year
from the date of issuance of said permit.
4. Within 24 hours of issuance of this permit, permittee shall provide the specific name(s) and contact
information for primary and secondary positions operating on behalf of permittee within the City of
Bakersfield; Primary and secondary positrons shall have the ability to respond to City's concerns or
issues immediately; Should the primary or secondary contact positions change, permittee shall provide
new contact information for any new or replacement contacts within 24 hours of change; it is requested
that changes are reported 72 hours in advance of changes, however failure to report changes to the
contact positions to the City within 24 hours after change may result in termination of this
Encroachment Permit.
5. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited,
in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to
offer the right of way to bicycles in bike lanes and on bike paths. Stand-up electric scooters may not
be ridden on certain designated City facilities as determined by the Public Works Director, including,
but not limited to, the Mechanics Bank Arena and Convention Center plaza, City -owned parking
structures, and the Amtrak/Greyhound station platforms.
6. Stand-up electric scooters shall not be made available to rent and must be rendered inoperable within
the Kern River Parkway Exclusionary Zone, as set forth is a shape file sent by City to Spin under
separate communication, which may be amended from time to time by City.
7. Any inoperable or unsafe stand-up electric scooter must be repaired before it is placed back into service.
8. Permittee must maintain 24-hour customer service for customers to report safety concerns and
complaints or to ask questions. Permittee will maintain a multilingual website, call center, and/or mobile
app customer interface that is available 24 hours a day, 7 days a week and compliant with the
Americans with Disabilities Act.
9. Permittee must respond to requests for rebalancing, reports of incorrectly parked stand-up electric
scooters, or reports of unsafe/inoperable stand-up electric scooters by relocating, re -parking, or
removing the Stand-up electric scooters, as appropriate, within 24 hours of receiving notice.
10. If a Stand-up electric scooter is not relocated, re -parked, or removed within the timeframe specified
herein, or any Stand-up electric scooter is parked in one location for more than 72 hours without
moving, such Stand-up electric scooters may be removed by City crews and taken to a City facility for
storage at the expense of Permittee, notto exceed $100 per Stand-up electric scooter.
11. City, at is sole discretion may remove orrelocate any electric stand-up scooter regulated underthis permit
for any reason, including, but not limited to public safety operations, accessibility reasons, conflicts
with City capita! improvement projects or private development projects, etc.
Parking
1. Stand-up electric scooters must be parked upright on hard surfaces or beside a bicycle rack or in another
area specifically designated for bicycle parking.
2. Stand-up electric scooters must not be locked to any fire hydrant, bollard, call box, or other emergency
facility; bus bench; or utility pole, signal light or box.
3. Stand-up electric scooters must not be parked in such a manner as to blockthe pedestrian clearzone area
of the sidewalk.
4. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the
reasonable use of any commercial window display or access to or from any building.
5. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the
appropriate use of any bicycle rack or news rack.
6. Stand-up electric scooters may not be parked directly adjacent to orwithin the following areas, such that
access to or use of the area is impeded:
a) Landscaping;
b) Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and
staging zones, except at existing bicycle racks;
c) Loading zones;
d) Disabled parking zone;
e) Streetfurniture that requires pedestrian access (forexample, benches, parking pay stations, bus
shelters, transit information signs, etc.);
f) Curb ramps;
g) Entryways; and
h) Driveways.
7. Permittee may stage its stand-up electric scooters in permitted parking areas as described in this section.
To the extent Permittee desires to stage stand-up electric scooters in areas other than the public right-of-
way (e.g. parks, plazas, parking lots, private property, or transit stations), Permittee must first obtain the
right to do so from the appropriate City department, property owner, or public agency.
Data Sharing
1. Permittee must directly or via a third -party vendor provide City staff access to comprehensive ridership
data for its fleet of electric stand-up scooters to City staff for all scooters deployed as authorized under
this permit.
2. The City has the option to contract directly with a third -party vendor for this data.
3. If City uses a third -party vendor, permittee will issue payment to City equal to its proportionate share of
costs for third -party vendor costs for a 12-month period prior to issuance of permit or upon renewal or
extension of permit as determined by City.
4. This permit will not become valid until payment from permittee is received by the City.
Indemnity and Insurance
Permittee must indemnify, defend, and hold harmless City and City's officers, agents, elected or
appointed officials, employees, and volunteers against any and all liability, claims, damages, losses,
actions, causes of action, demands, expenses, fines, penalties, judgments and defense costs
(including, without limitation, actual, direct, out of pocket costs and expenses, and amounts paid in
compromise, settlement, orjudgment, and reasonable legal fees arising from litigation of every nature
or liability of any kind or nature Including civil, criminal, administrative, or investigative) whatsoever
against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising
out of, connected with, or caused by Permittee or Permittee's employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms
and provisions of this Encroachment Permit including, but not limited to, City's issuance of this
Encroachment Permit and any bodily injury including death or damage to property arising out of or in
connection with any use, misuse, placement, or mis-placement of any of the Permittee's devices or
equipment by any person, whether or not caused in part by a party Indemnified hereunder, except to
the extent any of the above is based on, or results from, the City's (or its officers', agents', and/or
employees') negligence or willful misconduct. This Indemnity will apply to all claims and liability
regardless of whether any insurance policies of Permittee, its affiliates, or any other parties are
applicable thereto. The policy limits of any insurance of Permittee, its affiliate, or other parties are not
a limitation upon the obligation of Permittee, including without limitation, the amount of indemnification
to be provided by Permittee. The provisions of this section will survive the termination of this
Encroachment Permit,
2. Permittee must procure and maintain insurance at all times during the duration of this Encroachment
Permit. The types and limits of insurance are listed below, and shall be against claims for injuries to,
persons or damages to property that may arise from or in connection with Permittee's use of the
encroachment including, but not limited to, any bodily injury including death or property damage to
property arising out of or in connection with any use, misuse, placement, or mis-placement of any of
the Permittee's devices or equipment by any person at no cost or expense to the City.
If the Permittee maintains broader coverage or higher limits than the minimums shown below, the City
requires and will be entitled to the broader coverage or higher limits maintained by the Permittee. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage will
be available to the City.
All policies required of Permittee must be primary insurance as to City and its mayor, council, officers,
agents, employees, or designated volunteers and any insurance or self-insurance maintained by City
and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Permittee's insurance and must not contribute with it.
The insurance required below, except for workers' compensation insurance, must be placed with
insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A :VII. Any
deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of
insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be
declared prior to execution of this Agreement and approved by City in writing.
Failure to maintain insurance coverage, which is required pursuant to this Encroachment Permit, will
be deemed a violation of this Encroachment Permit and grounds for its revocation. The City, at its sole
option, may terminate this Permit and obtain damages from the Permittee resulting from theviolation.
3. 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.
4. Commercial general liability insurance, unless otherwise approved by City's Risk Manager,
providing coverage on an occurrence basis for bodily injury, including death, of one or more persons,
property damage, and personal injury, With limits of not less than $5,000,000 per occurrence,
$10,000,000 annual aggregate. The policy must:
i. Provide contractual liability coverage for the terms of this Agreement;
ii. Provide products and completed operations coverage;
iii. Provide premises, operations, and mobile equipment coverage; and
iv. Contain an additional insured endorsement in favor of City and its mayor, council, officers,
agents, employees, and designated volunteers.
5. 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, Permittee must
submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
By executing this Encroachment Permit, Permittee is submitting the certification required above. The policy
must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and
designated volunteers.
The Permittee may satisfy the minimum liability limits required for commercial general liability or auto
liability under an umbrella or excess liability policy as long as the umbrella or excess liability policy has
continuing coverage following the commercial general liability or auto liability policies. There is no
minimum per occurrence limit of liability under the umbrella or excess liability; however, the annual
aggregate limit must not be less than the highest "Each Occurrence" limit for either commercial general
liability or auto liability. Permittee agrees to endorse the City as an Additional Insured on the umbrella or
excess liability, unless the Certificate of Insurance states that the umbrella or excess liability provides
coverage on a "Follow -Form" basis.
Education
1. Permittee must provide notice to all users by means of signage and through a mobile or web application that:
Stand-up electric scooters are to be ridden on streets, and where available and not otherwise
prohibited, in bike lanes and bike paths;
b. Stand-up electrical scooters are to stay to the right of street lanes and offer the right of way to
bicycles on bike lanes and bike paths;
C. Helmets are encouraged for all users and required for minors (to the extent minors are permitted as
users);
d. Stand-up electric scooters must be parked in designated areas; and
Riding responsibly is encouraged.
2. Permittee must provide easily visible contact information, including toll -free phone number and/or e-mail
address on each stand-up electric scooter for City employees and/or members of the public to make
relocation requests or to report other issues with devices.
SAPublic Works\Scooters and Bikes\Spin - Ex.A (Conditions for Encroachment Permit).docx
Exhibit A
Conditions for Encroachment Permit #
Permittee desires to deploy, operate and rent shared mobility devices known as stand-up electric scooters within the
City of Bakersfield and to utilize or encroach upon the City's right-of-way to make such scooters available to their
customers and as a place fortheir customers to return such scooters after use. Perm itteemustfollow the following
conditions of approval, including but not limited to, appropriate indemnification provisions, insurance requirements
and operating and maintenance requirements during the term of the permit. Failure to follow the conditions and
provisions outlined below, and/or in Chapter 12.20 of the Bakersfield Municipal Code and/or the California Civil
Code §2505, may result in the revocation of this encroachment permit and the termination of thepermit.
Operations, Term and Maintenance
1. Permittee and its subsidiaries and/or fleet managers are authorized to operate up to 200 individual
stand-up electric scooters within the City of Bakersfield; In no circumstances shall the total number of
stand-up electric scooters deployed within the City of Bakersfield exceed 200, unless authorized in
writing and formalized as an addendum to this permit by the Public Works Director.
2. For purposes of this permit, deployed means individual stand-up electric scooters available to by
rented via the Permittee's app plus the number of individual stand-up electric scooters in use at any
given time during the term of this permit.
3. Permittee is granted a permit to operate stand-up electric scooters for a period of one calendar year
from the date of issuance of said permit.
4. Within 24 hours of issuance of this permit, permittee shall provide the specific name(s) and contact
information for primary and secondary positions operating on behalf of permittee within the City of
Bakersfield; Primary and secondary positrons shall have the ability to respond to City's concerns or
issues immediately; Should the primary or secondary contact positions change, permittee shall provide
new contact information for any new or replacement contacts within 24 hours of change; it is requested
that changes are reported 72 hours in advance of changes, however failure to report changes to the
contact positions to the City within 24 hours after change may result in termination of this
Encroachment Permit.
5. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited,
in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to
offer the right of way to bicycles in bike lanes and on bike paths. Stand-up electric scooters may not
be ridden on certain designated City facilities as determined by the Public Works Director, including,
but not limited to, the Mechanics Bank Arena and Convention Center plaza, City -owned parking
structures, and the Amtrak/Greyhound station platforms.
6. Stand-up electric scooters shall not be made available to rent and must be rendered inoperable within
the Kern River Parkway Exclusionary Zone, as set forth is a shape file sent by City to Spin under
separate communication, which may be amended from time to time by City.
7. Any inoperable or unsafe stand-up electric scooter must be repaired before it is placed back into service.
8. Permittee must maintain 24-hour customer service for customers to report safety concerns and
complaints or to ask questions. Permittee will maintain a multilingual website, call center, and/or mobile
app customer interface that is available 24 hours a day, 7 days a week and compliant with the
Americans with Disabilities Act.
9. Permittee must respond to requests for rebalancing, reports of incorrectly parked stand-up electric
scooters, or reports of unsafe/inoperable stand-up electric scooters by relocating, re -parking, or
removing the Stand-up electric scooters, as appropriate, within 24 hours of receiving notice.
10. If a Stand-up electric scooter is not relocated, re -parked, or removed within the timeframe specified
herein, or any Stand-up electric scooter is parked in one location for more than 72 hours without
moving, such Stand-up electric scooters may be removed by City crews and taken to a City facility for
storage at the expense of Permittee, notto exceed $100 per Stand-up electric scooter.
11. City, atis sole discretion may remove orrelocate any electric stand-up scooter regulated underthis permit
for any reason, including, but not limited to public safety operations, accessibility reasons, conflicts
with City capita! improvement projects or private development projects, etc.
Parking
1. Stand-up electric scooters must be parked upright on hard surfaces or beside a bicycle rack or in another
area specifically designated for bicycle parking.
2. Stand-up electric scooters must not be locked to any fire hydrant, bollard, call box, or other emergency
facility; bus bench; or utility pole, signal light or box.
3. Stand-up electric scooters must not be parked in such a manner as to block the pedestrian clearzone area
of the sidewalk.
4. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the
reasonable use of any commercial window display or access to or from any building.
5. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the
appropriate use of any bicycle rack or news rack.
6. Stand-up electric scooters may not be parked directly adjacent to orwithin the following areas, such that
access to or use of the area is impeded:
a) Landscaping;
b) Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and
staging zones, except at existing bicycle racks;
c) Loading zones;
d) Disabled parking zone;
e) Streetfurniture that requires pedestrian access (forexample, benches, parking pay stations, bus
shelters, transit information signs, etc.);
f) Curb ramps;
g) Entryways; and
h) Driveways.
7. Permittee may stage its stand-up electric scooters in permitted parking areas as described in this section.
To the extent Permittee desires to stage stand-up electric scooters in areas other than the public right-of-
way (e.g. parks, plazas, parking lots, private property, or transit stations), Permittee must first obtain the
right to do so from the appropriate City department, property owner, or public agency.
Data Sharing
1. Permittee must directly or via a third -party vendor provide City staff access to comprehensive ridership
data for its fleet of electric stand-up scooters to City staff for all scooters deployed as authorized under
this permit.
2. The City has the option to contract directly with a third -party vendor for this data.
3. If City uses a third -party vendor, permittee will issue payment to City equal to its proportionate share of
costs for third -party vendor costs for a 12-month period prior to issuance of permit or upon renewal or
extension of permit as determined by City.
4. This permit will not become valid until payment from permittee is received by the City.
Indemnity and Insurance
Permittee must indemnify, defend, and hold harmless City and City's officers, agents, elected or
appointed officials, employees, and volunteers against any and all liability, claims, damages, losses,
actions, causes of action, demands, expenses, fines, penalties, judgments and defense costs
(including, without limitation, actual, direct, out of pocket costs and expenses, and amounts paid in
compromise, settlement, or judgment, and reasonable legal fees arising from litigation of every nature
or liability of any kind or nature Including civil, criminal, administrative, or investigative) whatsoever
against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising
out of, connected with, or caused by Permittee or Permittee's employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms
and provisions of this Encroachment Permit including, but not limited to, City's issuance of this
Encroachment Permit and any bodily injury including death or damage to property arising out of or in
connection with any use, misuse, placement, or mis-placement of any of the Permittee's devices or
equipment by any person, whether or not caused in part by a party Indemnified hereunder, except to
the extent any of the above is based on, or results from, the City's (or its officers', agents', and/or
employees') negligence or willful misconduct. This Indemnity will apply to all claims and liability
regardless of whether any insurance policies of Permittee, its affiliates, or any other parties are
applicable thereto. The policy limits of any insurance of Permittee, its affiliate, or other parties are not
a limitation upon the obligation of Permittee, including without limitation, the amount of indemnification
to be provided by Permittee. The provisions of this section will survive the termination of this
Encroachment Permit.
2. Permittee must procure and maintain insurance at all times during the duration of this Encroachment
Permit. The types and limits of insurance are listed below, and shall be against claims for injuries to,
persons or damages to property that may arise from or in connection with Permittee's use of the
encroachment including, but not limited to, any bodily injury including death or property damage to
property arising out of or in connection with any use, misuse, placement, or mis-placement of any of
the Permittee's devices or equipment by any person at no cost or expense to the City.
If the Permittee maintains broader coverage or higher limits than the minimums shown below, the City
requires and will be entitled to the broader coverage or higher limits maintained by the Permittee. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage will
be available to the City.
All policies required of Permittee must be primary insurance as to City and its mayor, council, officers,
agents, employees, or designated volunteers and any insurance or self-insurance maintained by City
and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Permittee's insurance and must not contribute with it.
The insurance required below, except for workers' compensation insurance, must be placed with
insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A :VII. Any
deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of
insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be
declared prior to execution of this Agreement and approved by City in writing.
Failure to maintain insurance coverage, which is required pursuant to this Encroachment Permit, will
be deemed a violation of this Encroachment Permit and grounds for its revocation. The City, at its sole
option, may terminate this Permit and obtain damages from the Permittee resulting from theviolation.
3. 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.
4. Commercial general liability insurance, unless otherwise approved by City's Risk Manager,
providing coverage on an occurrence basis for bodily injury, including death, of one or more persons,
property damage, and personal injury, With limits of not less than $5,000,000 per occurrence,
$10,000,000 annual aggregate. The policy must:
i. Provide contractual liability coverage for the terms of this Agreement;
ii. Provide products and completed operations coverage;
iii. Provide premises, operations, and mobile equipment coverage; and
iv. Contain an additional insured endorsement in favor of City and its mayor, council, officers,
agents, employees, and designated volunteers.
5. 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. Pursuantto Labor Code Section 1861, Permittee must
submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
By executing this Encroachment Permit, Permittee is submitting the certification required above. The policy
must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and
designated volunteers.
The Permittee may satisfy the minimum liability limits required for commercial general liability or auto
liability under an umbrella or excess liability policy as long as the umbrella or excess liability policy has
continuing coverage following the commercial general liability or auto liability policies. There is no
minimum per occurrence limit of liability under the umbrella or excess liability; however, the annual
aggregate limit must not be less than the highest "Each Occurrence" limit for either commercial general
liability or auto liability. Permittee agrees to endorse the City as an Additional Insured on the umbrella or
excess liability, unless the Certificate of Insurance states that the umbrella or excess liability provides
coverage on a "Follow -Form" basis.
Education
1. Permittee must provide notice to all users by means of signage and through a mobile or web application that:
a. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise
prohibited, in bike lanes and bike paths;
b. Stand-up electrical scooters are to stay to the right of street lanes and offer the right of way to
bicycles on bike lanes and bike paths;
C. Helmets are encouraged for all users and required for minors (to the extent minors are permitted as
users);
d. Stand-up electric scooters must be parked in designated areas; and
Riding responsibly is encouraged.
Permittee must provide easily visible contact information, including toll -free phone number and/or e-mail
address on each stand-up electric scooter for City employees and/or members of the public to make
relocation requests or to report other issues with devices.
SAPublic Works\Scooters and Bikes\Spin - Ex.A (Conditions for Encroachment Permit).docx
Remittance Info: Inv #Encroachment Permit fee 05.18.21
Skinny Labs dba Spin JPMorgan Chase Bank, N.A. 0053553274
450 Mission St Suite 400 Verify: 888-237-9615
San Francisco, CA 94105 90-7162/3222
(510) 479-0906 5/25/2021
PAY TO THE CITY OF BAKERSFIELD $ 575.00
ORDER OF
Five Hundred Seventy -Five and 00/100 DOLLARS
0032613 01 MB0.447 "AUTO T7 0 5103 93301-520101 -C11-P32645-11 VOID AFTER 90 DAYS
CITY OF BAKERSFIELD
1501 TRUXTUN AVE
BAKERSFIELD, CA 93301-5201
II00053553 2?W1 1:3 2.2 2? L6 2?1: 2IS376 L?F10
41 City of Bakersfield
*** CUSTOMER RECEIPT ***
Oper; PCASTRUITA Type: OC Drawer: 1
Date: 6/29/21 33 Receipt no: 102964
Year Number Amount
2021 30000020
TRUHTUN AVE
BAKERSFIELD, CA 93301
BP BUILDING PERMITS
$575.00
Tender detail
CK CHECK 53553274 $575.00
Total tendered $575.00
Total payment $575.00
Trans date: 6/29/21 Time: 16:36:09
HELP CONTROL THE PET POPULATION. PLEASE
SPAY OR NEUTER, YOUR PET.
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BAKERSFIELD
THE SOUND OF5WAkf'Fe4W
ENCROACHMENT PERMIT
APPLICATION FORM
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661) 326-3724 Fax: (661) 852-2012
LOCATION OF ENCROACHMENT(Address required where available):
If there is no address adjacent to work, describe limits of work by distances from nearest existing street intersection.
APPLICANT INFORMATION
FULL NAME OF APPLICANT Skinny Labs Inc. dba Spin
COMPLETE ADDRESS: 450 Mission Street, Suite 400 PHONE: 719-321-1430
San Francisco, CA 94105 FAX:
N/A
CELL: 719-321-1430
PROJECT INFORMATION
DESCRIPTION OF ENCROACHMENT (Example: Wood or wrought iron fence, concrete block wall, raised
planter, etc.): Spin will provide an e-scooter share program to the City of Bakersfield to provide first- and last -mile options
for locals and visitors by utilizing the public right-of-way for at least one year.
PERIOD OF TIME FOR ENCROACHMENT: INDEFINIT or OTHER: Oneyear.
CONTACT PERSON Alex A
PHONE: 719-321-1430
Applicant agrees that if this application is granted, applicant shall indemnify, defend and hold harmless the City, its
officers agents and employees against any and all liability, claims, actions, causes of action or demands, whatsoever
against them, or any of them, before administrative, quasi-judicial, or judicial tribunals of any kind whatsoever, arising out
of, connected with, or caused by applicant's placement, erection, use (by applicant or any other person or entity) or
maintenance of said encroachment. The applicant further agrees to maintain the aforesaid encroachment during the life of
said encroachment or until such time that this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this application is made, if granted or upon the
revocation thereof by the City Engineer, applicant will at his own cost and expense remove the same from the public
property or right of way where the same is located, and restore said public property or right of way to the condition as
nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment.
Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for
however long the encroachment remains. Applicant shall furnish the City Risk Manager with a Certificate of Insurance
evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements evidencing
the insurance required. The type(s) and amount(s) of insurance coverage required are:
Residences: Homeowners General Liability coverage in an amount of at least $300,000.00
Commercial: Commercial Liability coverage in an amount of at least $1,000,000.00
The Commercial Liability policy must identify City and City's mayor, council, officers, agents, employees, and designated
volunteers as Additional Insureds.
Encroachment Permit Fee: $575.00
S:\PERMITS\ENCROACH\Encroachment Permit Req Form.DOC 7/1/19