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Amber Lawrence - Community Services Committee
From: Amber Lawrence
To: Irma Carson; Sue Benham
Date: 11/2/06 11:03 AM
Subject: Community Services Committee
CC: Alan Tandy; Jean Parks; John W. Stinson; Pam McCarthy; Rhonda Smiley
Good morning,
Jacquie asked that the November 13, 2006 meeting be rescheduled.
Here are two options:
1. Tuesday, December 5th ai1:00 _
ecember 7~ at.._11:00~
Please let us know if either of these will work for you.
Thank you,
Amber
Amber'Lawrence
Administrative Assistant
City of Bakersfield
City Manager's Office
(661) 326-3271
file://C:~Documents and Settings\alawrenc\Local Settings\TempD(PGrpWise\4549D08ACI..i 11/2/2006
ADMINISTRATIVE REPORT
MEETING DATE: September 27, 2006 I AGENDA SECTION: Consent Calendar
I
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: September 15, 2006 CITY ATTORNEY
CITY MANAGER ~~
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Ch~/~'e Nb. 06-
1002) (Sports Village Project), generally located on the north side of Taft Highway
between Gosford Road and Ashe Road. (VVard 6)
1. Agreement with Impact Sciences, Inc. ($259,210.00) to prepare EIR.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City. of Bakersfield is proposing a General Plan Amendment/Zone Change on approximately 222
acres of City-owned property generally located on the north side of Taft Highway between Gosford
Road and Ashe Road to accommodate development of the City of Bakersfield Sports Village Project.
The Sports Village Project consists of a 163-acre recreation facility, 37 acres of commercial
development at the Taft Highway/Gosford Road and Taft Highway/Ashe Road intemections, a 19-acre
City maintenance yard, and a 3-acre site to potentially accommodate a fire station and police
substation.
This agreement sets forth the scope of services for the preparation of an EIR for the Sports Village
Project by Impact Sciences, Inc. The Sports Village is a ClP Project in the Fiscal Year 2006-2007
Budget; sufficient funding has been programmed for the preparation of the EIR.
PH - S:\GPA 1st 2007\06-1002 Sports VillageV~dmin Report.doc
AGREEMENT NO.
co.su,, .T'S
THIS AGREEMENT is made and entered into on. . , by and
between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and
Impact Sciences,. a California corporation ("CONSULTANT" herein).
RECITALS
WHEREAS, the CITY issued a Request for' prOposals and CONSULTANT has
submitted a.proposal concerning preparation of an Environmental Impact Report ("E~R"
herein) pursuant to the California Environmental Quality Act ("CEQA" herein) . for
General plan Amendment/Zone Change No. 06-1002 ("Sports Village Project" herein)
consisting of 222 acres located north of Taft Highway between Ashe Road on the east
and GosfOrd Road on the west; and
WHEREAS, CONSULTANT represents CONSULTANT is experienced, well
qualified and a specialist in preparation of EIR's and related environmental studies and
documents; and
WHEREAS, CONSULTANT is required, and does currently have errors and
omissions insurance which will protect CITY in the event of professional errors' or
omissions by the CONSULTANT; and
WHEREAS, CONSULTANT is aware that information may come into
CONSULTANT's possession which may impact the CITY's legal position in the event
such information was released to *outside parties,
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONSULTANT mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as:
CONSULTANT shall prepare the Sports Village Project EIR pursuant to the Scope of
Work (attached hereto and incorporated herein as Exhibit "A"). The scope of work shall
include all work necessary to prepare and distribute the Initial Study, Notice of
Preparation, Draft Environmental Impact Report, Final Impact Report and supporting
documents for the Sports Village Project.
2. COMPENSATION. CompenSation for all work, services Or products called
for under this Agreement shall consist of a total payment of Two Hundred FiftY Nine
Thousand Two Hundred Ten Dollars ($259,210).
At the completion of the Scope of Work', all written material concerning the project shall
have been completed by CONSULTANT and submitted to CITY.
Impact Sciences Consultant's Agreement GPA/ZC 06-1002
-- Page 1 of 8 Pages -
The compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall
pay only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONSULTANT 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
CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY
of CONSULTANT's itemized invoice..
4. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all
key personnel to be assigned to the work set forth herein. CONSULTANT 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 CONSULTANT shall not
change such personnel without the written approval of CITY.
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 fully set forth.
6. STARTING WORK. CONSULTANT shall not begin work until authorized
to do so in writing by CITY. No work will be .authorized until the contract has been fully
executed by CONSULTANT and CITY.
7. TITLE TO DOCUMENTS. All documents, plans and drawings, maps,
photographs and other papers, or copies thereof prepared by CONSULTANT pursuant
to the terms of this Agreement shall, upon preparation, become the property of CITY.
8. LICENSES. CONSULTANT 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 CONSULTANT to practice its profeSsion.
9. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT
will. be dealing with information of a legal and confidential nature, and such information
could severely damage CITY if disclosed to outside parties. 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 CONSULTANT prepares
and confidential information given to CONSULTANT under this Agreement are the
exclusive property of the CITY. Under no circumstances shall any such information or
documents be removed from the CITY without the CITY's prior written consent.
'10. NEWS RELEASES/INTERVIEWS. All news releases", media interviews,
testimony at hearings and public comments relating to this Agreement by
CONSULTANT shall be prohibited unless authorized by CITY.
!mpact Sciences Consultant's Agreement GPNZC 06-1002
-- Page 2 of 8 Pages --
1'1. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time, and shah not serve to vary the
terms of this Agreement.
'12. GOVERNING LAW. The laws of the State of California will 9overn the
validity of this Agreement, its interpretation and performance. Any litigation arisin9 in
any way from this Agreement shall be ~brought in ·Kern Count~, California.
'13. FURTHER ASSURANCES. EaCh part~ 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.
'14. 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 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
'150t Truxtun Avenue
Bakersfield, California 93301
· CONSULTANT: IMPACT SCIENCES, INC.
900 Truxtun Ave, Suite 300
Bakersfield, California 93301
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CITY may choose
to impose.
16. 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 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.
17. 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.
Impact Sciences Consultant's Agreement GPNZC 06-1002
-- Page 3 of 8 Pages --
18. 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.
19. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately,
or individually, the firm, its employees and subconsultants have no financial interest in
either the success or failure of any project which is dependent upon the result of the
work prepared pursuant to this Agreement.
20. 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.
21. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied
with the performance of CONSULTANT under this Agreement, CITY may terminate this
Agreement on ten (10) days written notice. Written notice shall be given pursuant to the
"Notices" paragraph of this Agreement. In the. event of early termination,.
CONSULTANT shall be compensated only for work satisfactorily completed up. to the
date of termination and delivered to and accepted by CITY.
22. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at
CONSULTANT'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.
23. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the service of CONSULTANT as an independent 'contractor.
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 CONSULTANT other
than that of an independent contractor.
24. DIRECTION. CONSULTANT retains the right to control or direct the
manner in which the services described herein are performed.
25. EQUIPMENT. CONSULTANT will supply all equipment, tools, materials
and supplies necessary to perform the services under this Agreement.
26. INSURANCE. In addition to any other insurance or bond required under
this Agreement, the CONSULTANT shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ("basic insurance requirements"
herein):
Impact Sciences Consultant's Agreement GPNZC 06-1002
- Page 4 of 8 Pages -
26.1 Professional liability insurance, providing coverage on claims
made basis for errors and omissions with limits of not less than One Million Dollars
($1,000,000) aggregate; and
26.2 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million Dollars ($1,000,000)
· per occurrence; and the policy shall:
26.2.1 Provide coverage for owned, non-owned and hired autos.
26.3 Broad fOrm commercial general liability insurance, unless
otherwise approved by the CiTY's Risk Manager, providing coverage on an occurrence
basis for bodily injUry, including death, of one or more persons, property damage and
personal injury, with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
26.3.1 Provide contractual liability coverage for the terms of this
Agreement.
26.3.2 Contain an additional insured endorsement in favor of the
CITY, its mayor, council, officers, agents, employees and
volunteers.
26,4 Workers' compensatiOn insurance with 'statUtory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in
favor of the CITY, its mayor, cOuncil, officers, agents, employees and volunteers.
26.5 Except for professional liability, all Policies required of the
CONSULTANT shall be primary 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 CONSULTANT's insurance and shall not contribute
with it.
26.6 Except .for workers' compensation, insurance is to be placed with
insurers With a Bests' rating as approved by CITY's Risk Manager, but in no event less
than A:V. Any deductibles, self-insurance retentions or insurance in lesser amounts, or
lack. of certain types of insurance otherwise, required by this Agreement, or insurance
rated below Bests' A:V must be declared prior to execution of this Agreement and
approved by the CITY in writing.
26.7 Unless otherwise approved by CITY's Risk Manager, all policies
shall contain an endorsement providing the CITY with thirty (30) days written notice of
cancellation or material change in policy language or terms. All policies shall provide
that there shall be continuing liability thereon, notwithstanding any recovery on any
policy. Copies of policies shall be delivered to CITY on demand.
Impact Sciences Consultant's Agreement GPNZC 06-1002
- Page 5 of 8 Pages -
26.8 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.
26.9 The CONSULTANT shall furnish the CITY's Risk Manager With a
certificate of insurance and required endorsements evidencing the insurance required.
The CITY may withdraw its offer of cOntract or cancel this contract if certificates of
insurance and endorsements required have not been provided prior to the execution of
this Agreement.
26.'10 Full compensation 'for all premiums which the CONSULTANT is
required to pay on all the insurance described herein shall be considered as included in
the prices paid for the various items of work to be performed under this Agreement, and
no additional allowance will be made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
26.'11 It is further understood and agreed by the'CONSULTANT .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 CONSULTANT in connection with this
Agreement.
26.'12 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, all subcontractors even if the. CITY has
approved lesser insurance requirements for CONSULTANT.
27. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONSULTANT of third party claims relating to this contract. CITY shall be
allowed to recover from CONSULTANT, and CONSULTANT shall pay on demand, all
costs of notification.
28. INDEMNITY. CONSULTANT shall indemnify, defend and hold harmless
CITY, its officers, agents and employees against any and all liability, claims, actions,
causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arising out of, connected
with, or caused by CONSULTANT, 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.
29. 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.
Impact Sciences Consultant's Agreement GPA/ZC 06-1002
-- Page 6 of 8 Pages -
30. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY
is:
James D. Movius, Planning Director
Development Services Department
City of Bakersfield
1715 Chester Avenue
Bakersfield, California 93301
Telephone (661) 326-3992
CONSULTANT's Project Manager shall be:
Ken Koch, Associate Principal
Impact Sciences, Inc.
900 Truxtun Avenue, Suite 300
Bakersfield, CA 9330.1
Telephone (661) 631-2122
30.~1. The Contract Administrator and the Project Manager shall be the
primary contact persons for CITY and CONSULTANT. It is expressly understood that
only the City Council may approve modifications to the contract, which modifications
must be in writing.
31.. 'ACCOUNTING RECORDS. '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
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 said records shall be made
available to CITY representatives upon request at any time during regular busineSs
hours.
32. TAX NUMBERS.
CONSULTANT's Federal Tax ID Number 95-4149164
CONSULTANT is a corporation? Yes X No ~ (please check one)
33. NON-INTEREST. No officer or employee of CITY shall hold any interest '
in this Agreement (California Government Code section 1090)..
34. RESOURCE ALLOCATION. All obligations of CITY under the terms of
this Agreement are subject to the appropriation and allocation of resources by the City
Council.
Impact Sciences Consultant's Agreement GPA/ZC 06-1002
-- Page 7 of 8 Pages -
IN wITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first above written.
"ClTY .... CONSULTANT"
CITY OF BAKERSFIELD IMPACT SCIENCES, INC.
'~.
By: By: \
HARVEY L.. HALl..
Mayor Title:President "-~
APPROVED AS TO FORM:
VIRGINIA GENNARO
City 'Attorney
By:.
Insurance:
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By:
STANLEY C. GRADY
Development Services Director
COUNTERSIGNED:
By:.
NELSON SMITH
Finance Director
Impact Sciences Consultant's Agreement GPA/ZC 06-1002
-- Page 8 of 8 Pages --
~:'~ ~.~:~, OF THE
~~T~
~~~ KERN COUNTY BOARD OF SUPERVISORS
~:~ AND BAKERSFIELD CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Kern County Board of Supervisors and the Bakersfield
City Council will hold a Special Joint Meeting on Monday, September 18, 2006, at 5:30 p.m.,
in the Board of Supervisors Chambers, 1115 Truxtun Avenue, Bakersfield, California.
Estimated
Start Time
5:30 p.n~. 1. FLAG SALUTE
2, ROLL CALL
3. OPENING REMARKS BY CHAIRI~IAN BARBARA PATRICK
4. OPENING REMARKS BY MAYOR HARVEY L. HALL
5:4op.m. 5. PUBLIC STATEMENTS - Persons may address the Goveming Bodies during this
portion of the meeting on any matter not on this agenda but under the jurisdiction of the
Board of Supervisors or City Council. The Chairman, at her discretion, may limit the
total time allotted to this portion of the meeting to assure that all agenda items can be
completed. Statements are limited to 2 minutes per speaker. Please state and
spell your name for the record.
6. BUSINESS ITEMS
6:oo p.m. A, Status Report on Metropolitan Bakersfield Solid Waste Transfer Station Siting,
(Joint Agenda Item) - Hear City Staff Presentation by Solid Waste Director Kevin
Barnes and County Staff Presentation by Waste Management Director Daphne
Hadey
6:15 p.m. B, Adoption of Updated General Plan Review Process (Joint Agenda Item) - Hear City
Staff Presentation by Development Services Director Stan Grady and County Staff
Presentation by Planning Director Ted James. RECOMMENDED ACTION: DIRECT
CITY AND COUNTY STAFF TO CIRCULATE THE REQUEST FOR PROPOSAL
DOCUMENT AND PURSUE THE METROPOLITAN BAKERSFIELD GENERAL PLAN
UPDATE PROGRAM AS PRESENTED.
6:30 p.m. C. Update on Local Safe Roads Ballot Measure (Joint Agenda Item) - Hear City Staff
Presentation by Public Works Director Raul Rojas and County Staff Presentation by
Resource Management Agency Director Dave Price.
6:45 p.m. D. Report regarding South Beltway Alignment (Joint Agenda Item) - Hear City Staff
Presentation by Public Works Director Rau/ Rojas and County Staff Presentation by
Planning Director Ted James and Roads Director Craig Pope,
6:5s p.m. E, Report on Transportation Planning (City Agenda item) - Hear Presentation by
City Councilmember David Couch,
6. BUSINESS ITEMS continued
7:00 p.m. F. Report on Relocation of Fire Station 65. (City Agenda item) - Hear City Staff
Presentation by City Manager A/an Tandy.
7:05 p.m, G. Report on Regulating Body Art Shops. (County Agenda Item) - Hear County Staff
Presentation by Environmenta/ Health Services Director Matt Constantine.
7:t5 p.m. H. Proposed Formation of a Joint City/County Standing Committee to Combat Gang
Violence (Joint Agenda Item) - Hear City Staff Presentation by Police Chief Bi//
Rector. RECOMMENDED ACTION: APPROVE FORMATION OF,JOINT
CITY~COUNTY STANDING COMMITTEE.
7:30 p.m. I. Joint Animal Spay/Neuter Program (County Agenda Item) - Hear County Staff
Presentation by Resource Management Agency Director Dave Price.
7:35 p.m. J. Final Report of Metropolitan Bakersfield PM 10 Working Group to San Joaquin
Valley Air Pollution Control District Attainment of a One-Ton per Day Reduction in
PM 10 in the Metropolitan Area (County Agenda Item) - Hear County Staff
Presentation by Supervising Planner Lorelei Oviatt. -
7:40 p.m. K. Proposed 2007 Schedule for Joint Meetings. (Joint Agenda Item) -
RECOMMENDED ACTION: ESTABLISH MONDA Y, FEBRUARY 26, 2007 A T
5:30 P.M. AND MONDA Y, SEPTEMBER 24, 2007 A T 5:30 P.M. AS FUTURE
MEETING DA TES.
7:45p.m. 7. CLOSING COMMENTS BY BOARD MEMBERS AND CITY COUNCILMEMBERS
7~50 p.rn, 8. CLOSING COMMENTS BY MAYOR HARVEY L HALL
7:ssp.r~.9. CLOSING COMMENTS BY CHAIRMAN BARBARA PATRICK
8:oop.m. 10. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
AMERICANS WiTH DISABILITIES ACT
(Government Code Section 54953.2)
The Board of Supervisors Chamber is accessible to persons with disabilities. Disabled individuals
who need special assistance to attend or participate in a meeting of the Board of Supervisors may
request assistance at the Clerk of the Board of Supervisors, Fifth Floor, 1115 Tru×tun Avenue,
Bakersfield, California or by calling (661) 868-3585. Every effort will be made to reasonably
accommodate individuals with disabilities by making meeting material available in alternative
formats. Requests for assistance should be made five (5) working days in advance of a meeting
whenever possible.
S;'tCounoiI~GENDA~.005'~T CiTY COUNTY SEPT 18 OB.doc
9/12t2006 2:43 PM
On Saturday, March 11, 2006, the Bakersfield
Breakfast Rotary Club sponsored a Memorial
Centennial. Tree Planting Event. 100 trees were
planted in honor of Rotary's Centennial, by club
members, their families, friends and distinguished
community leadership.
LOCATION: Kern River Parkway
on the west side of Manor Street
at Denise Ave across from Peacock Park
Cecil Martin, President
619-0649
SERVICE Above Self
KERN RIVER PARKWAY FOUNDATION
POB 1602
Bakersfield, CA
93302
Bakersfield City Council
Councilman Mike Maggard
1501 T~uxtun Ave
Bakersfield, CA 93301
Dear Councilman Maggard:
We would like to thank the Bakersfield Rotary Club, the City of Bakersfield, and you
personally for the effort of successfully establishing the commemorative grove on the
Kern River Paxkway. As this grove continues to develop in the coming years, it will
provide our community with some respite from everyday urban life while also providing
in a responsible and aesthetically pleasing manner a way for individuals and groups to
commemorate people and events that are important to them.
In keeping with the commemorative purpose for which the grove was established and in
accordance with the Kern River Parkway Naming and Signage Ordinance we respectfully
request that the official name for the area be designated San Miguel Grove. The rationale
for this name is both historical and practical.
May, 1776 Father Garces passed through what would become the City of Bakersfield'
making contact with the Yokuta people of Woilu Village. Father Gan:es christened the
Native American village Rancheria San Miguel de los Noches. As far as we know, no
other feature in Bakersfield bares this name.
The commemorative grove is not a traditional park. There will be no manicured lawns or
other park features. It is to be a natural setting planted with native trees and shrubs
connected with walking paths. We think that simply calling the area a grove rather than a
park is a more accurate description.
Therefore, the Kern River Parkway Foundation and the Tree Foundation of Kern
respectfully request the City Council to take the necessary action to establish this area as
the San Miguel Grove.
Sin,e~erely, ~
Bill Cooper ......
President of the Kern River Parkway Foundatioa ~" ' ' '
ADMINISTRATIVE REPORT
MEETING DATE: August 16, 2006 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: ~over, Director DEPARTMENT HEAD.
~Recreation & Parks Department
DATE: July 26, 2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: Memorial Grove on Manor Street to be officially named San Miguel
RECOMMENDATION:
Community Services Committee recommends approval of this request.
BACKGROUND:
The Community Services Committee voted unanimously at its meeting to officially name the Memorial
Grove the San Mi.quel Grove. The grove was recently built by the city and volunteers, and was dedicated
on June 14, 2006.
The Memorial Grove was not given a name at the time of dedication. The Kern River Parkway Foundation
proposed the San Miguel name to city Council for their consideration in naming the grove in accordance
with the Kern River Parkway Naming and Signage ordinance.
History indicates that Father Garces christened' the nearby Native American Village, "Rancheda San
Miguel de los Noches".
Both the Kern River Parkway Foundation and the Tree Foundation of Kern concur with the San Miguel
Grove name designation.
sf
s:~006 Admins~nemorial grove adrnin
July 27, 2006, 11:26AM
S:~2006 Admins~Vlemorial Grove Admin.dot
ADMINISTRATIVE REPORT
I MEETING DATE: August 16, 2006 AGENDA SECTION: consent Calendar
ITEM: ~.~ ~-,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director DEPARTMENT HEAD
Recreation & Parks Department
DATE: August 3, 2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Kern Veterans Memorial Foundation, Inc. for the Construction and
Maintenance of the Veterans War Memorial on the Southeast Corner of Truxtun Avenue and "S" Street.
(Ward 2).
RECOMMENDATION: . -
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and the Kern. Veterans Memorial Foundation, Inc. have worked collaboratively to
plan for a Kern Veterans Memorial located at the southeast corner of Truxtun Avenue and "S" Street.
Terms of the agreement specify that the Foundation is responsible for design and construction of the
Memorial and non-routine maintenance once constructed. The City would be responsible for routine
maintenance of the Memorial upon completion. Estimated annual maintenance cost is $15,000 which
includes electricity for security lighting and pump, water for irrigation and water feature, and staff for
routine maintenance.
(kt)
August 7, 2006, 3:45PM
S:~006 Admins~Kern Vetrans 08-16-06.doc
AGREEMENT NO.
KERN VETERANS MEMORIAL CONSTRUCTION AND
MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and the
KERN VETERANS MEMORIAL FOUNDATION, INC., a non-profit public benefit
corporation ("ASSOCIATION") herein.
RECITALS
WHEREAS, ASSOCIATION wishes· to ·construct a Veterans Memorial
("MemoriaF) at the southeast corner of Truxtun Avenue and "S~ Street; and
WHEREAS, CITY is willing to allow the construction of the Memorial, subject to
the terms and conditions of this Agreement; and
WHEREAS, CITY is willing to share maintenance responsibility with
ASSOCIATION of the Memorial, subject to the terms and conditions of this Agreement;
and
WHEREAS, construction of the Memorial is categorically exempt from CEQA
under Sections 15303, Class 3, and 15304, Class 4 of the CEQA Guidelines.
'NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
ASOCIATION mutually agree as follows:
1. MEMORIAL TO BE CONSTRUCTED. ASSOCIATION shall construct, at
its sole cost and expense, a Memorial. The Memorial shall consist of those items set
forth in the plans and specifications, prepared by a design professional. Said plans and
specifications shall be deemed to be a part of this Agreement. A concept plan is
attached hereto and incorporated herein by reference as Exhibit "A." The Memorial
shall be constructed according to standards, plans, profiles and specifications approved
by the CITY Engineer, CITY Building Department and CITY Recreation and Parks.
Department. ~
2. PERMITS. Prior to commencing construction, ASSOCIATION shall
obtain all necessary permits that may be required by the CITY Public Works
Department or the CITY Building Department.
3. MANNER OF CONSTRUCTION. The Memorial designated above shall
be installed and constructed in accordance with all of the following:
3.1 Approved plans and specifications;
Agreement for Kern Veterans Memorial
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August 3, 2006
- Page 1 of 12 Pages --
3.2 Adopted CITY standards; and
3.3 Good engineering practices and workmanlike manner.
4. TIME FOR COMMENCEMENT AND COMPLETION. Construction shall-
commence only after the CITY Public Works Department issues a Notice to Proceed.
The Memorial shall be completed in full accordance with the terms of this Agreement
and to the satisfaction of the CITY Engineer within twelve (12) months from the date of
approval of this Agreement or any extension of said completion date by the CITY
Engineer.
5. INSPECTION AND APPROVAL OF MEMORIAL.
5.1 The Memorial shall be subject to inspection by CITY Engineer and
shall be completed to CITY's satisfaction.
5.2 When the Memorial has been satisfactorily completed, upon written
application of the ASSOCIATION, the CITY Engineer shall inspect and approve the
same within a reasonable time and shall file a certificate showing the date of inspection
and approval and shall make an order accepting or approving the Memorial.
5.3 Such order of acceptance or approval made by the CITY Engineer
shall be deemed operative from the time of the CITY Engineer's approval of the
Memorial as shown in his said certificate.
5.4 Except as otherwise provided, ASSOCIATION and its surety shall
be deemed released from liability for damage or injury to such work so accepted by said
CTY Engineer, from and after the time said order is operative. However, the foregoing
provision shall not relieve ASSOCIATION or its surety from any damage or injury to
such Memorial or any maintenance required therefore arising from any work undertaken
by ASSOCIATION or its surety, or as may necessarily be done by CITY in the
performance of any part of the Memorial as a result of any default in the performance of
this Agreement by ASSOCIATION or its surety or arising from any willful act or
negligent act or omission of ASSOCIATION or its surety or their contractors, agents or
employees, or arising from defective work or labor done or defective materials furnished
in the performance of this Agreement.
6. GUARANTEE AGAINST DEFECTS. ASSOCIATION hereby guarantees
all features of the Memorial for a period of one (1) year following recordation of a Notice
of Completion on public improvements, against defective work or labor done, or
defective matedal furnished, in the performance of this Agreement; and ASSOCIATION
agrees to correct, repair or replace promptly when demanded by the CITY, all such
defective work or labor done, or defective materials furnished, as may be discovered
within such one (1) year period and reported to the CITY Engineer.
Agreement for Kern Veterans Memorial
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August 3, 2006
: -- Page 2 of 12 Pages --
7. IMPROVEMENT SECURITY.
7.1 This Agreement shall be secured by good and sufficient security,
which shall be filed with CITY prior to certification of the final map by the CITY Engineer.
Such improvement security shall consist of security set forth in Bakersfield Municipal-
Code Section 16.32.020. The corporate surety bond shall conform substantially with
the form set forth in Section 66499.1 of the Map Act or any successor statute. The
estimated cost of the various features of the Memorial, was shown on the attached
Engineer's Bond estimate, Exhibit "B," attached hereto and incorporated as though
fully set forth herein, shall be used, if applicable, as the basis for the reduction of
security in connection with CITY acceptance or approval of any portion of the Memorial,
or any unit hereof.
7.2 Said improvement security shall be in the amount of one hundred
percent (100%) of the total estimated cost of the Memorial, conditioned upon the faithful
performance of the Agreement for the full and timely completion of the Memorial in
accordance with this Agreement.
7.3 Except as provided in Section 16.32.040 B., of the Bakersfield
Municipal Code, additional improvement security shall also be provided in an amount of
fifty percent (50%) of the total estimated cost of the Memorial, security payment to the
contractor, his subcontractors and to persons renting equipment or furnishing labor or
materials to them for the work.
7.4 Additional improvement security shall also be provided in an
amount of ten percent (10%)of the total estimated cost of the Memorial, to be provided
prior to CITY acceptance of the Memorial, guaranteeing and warranting for a period of
one (1) year following recordation of a Notice of Completion on. public improvements, all
of the Memorial against any defective work or labor done or defective materials
furnished. The warranty period on private improvements shall commence upon receipt
of the CITY Engineer of the engineer's certificate as specified in Section 16.32.050 of
the Municipal Code.
8. REDUCTION AND RELEASE OF SECURITY.
8.1 Improvement security for payment to the contractor, or any of his
subcontractors or'any person renting equipment or furnishing labor or materials to them
for the Memorial may, sixty (60 days after recordation of a Notice of Completion, be
reduced to an amount not less than the total of all claims on which an action or stop
notice has been filed and notice thereof given in writing to the CITY, and if no such
action or stop notice is filed, Such improvement security may be release in full.
8.2 The security identified in Paragraph 7 entitled "Improvement
Security" shall be finally released to ASSOCIATION one (1) year following the.
recordation of a Notice of Completion and Acceptance by CITY, provided that no
defective work or labor done or defective materials furnished in the performance of the
Agreement for Kern Veterans Memorial
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work has been discovered within such one (1) year period and reported in writing to
CITY, and further provided that no damage has been done to the Memorial after its
approval by any other work undertaken by ASSOCIATION.
8.3 In the event defective work, labor or materials has been discovered_
or damage to the Memorial has resulted from ASSOClATIONS's other work, the
security shall be released upon satisfactory repair or replacement of the defective or
damage Memorial, as determined by CITY, or after expiration of the one (1) year
specified above, whichever occurs later.
9. COMPLETION BY SURETY OR CITY.
9.1 If the CITY Engineer, in the exercise of reasonable discretion,
determines that:
9.1.1 ASSOCIATION has failed to properly and fully complete
all of the work on the Memorial in accordance with this Agreement, and within the time,
or any extension of time, provided herein; or
9.1.2 ASSOCIATION has failed or neglected to begin the work,
or any feature of the work, within a time which will reasonably allow its completion within
the tie, or any extension of time, provided in this Agreement; or
9.1.3 ASSOCIATION has abandoned any of the work; or
9.1.4 ASSOCIATION, if an individual, has been declared'
incompetent or placed under the care of a guardian or conservator, or has disappeared;
or
9.1.5 ASSOCIATION has filed a petition in bankruptcy or has
been declared bankrupt;
Then the CITY Engineer may give the ASSOCIATION and its surety fourteen (14) days .:
written notice to proceed with the work, without prejudice to any other remedy the CITY ~'
may have in law or equity.
9.2 If the surety shall proceed with the work, the surety shall be subject
to all of the provisions of this Agreement.
9.3 If ASSOCIATION or its surety shall fail or neglect to proceed with
the work diligently and in good faith in accordance with this Agreement after such notice
has been given, CITY may thereafter, at its sole option and without prejudice to any
other remedy, provide the necessary supervision, equipment, materials and labor as it
.may determine necessary to undertake and complete the work of improvement or any
part thereof in the manner required by this Agreement, by independent contract or 'by
CITY forces, all for 'the account and at the expense of ASSOCIATION, and
Agreement for Kern Veterans Memorial
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August 3, 2006
- Page 4 of 12 Pages --
ASSOCIATION and its surety shall be liable to CITY and shall pay CITY, on demand,
any expenses, costs, fees or other expenditures incurred by CITY in the course thereof.
10. MAINTENANCE AND REPAIR. Maintenance of Memorial shall be
provided as described in Exhibit "C," attached hereto and incorporated herein by
reference. In the event of a dispute as to responsibility for any maintenance or repair,
CITY's determination shall control.
11. INDEMNITY. ASSOCIATION shall indemnify, defend and hold harmless
CITY, its officers, agents and employees against any and all liability, claims, actions,
causes of action or demands whatsoever against them, or any of them, before
adminiStrative or judicial tribunals of any kind whatsoever, arising out of, connected
with, or caused by ASSOCIATION, ASSOCIATION's employees, agents, independent
contractors, companies or subcontractors in the perfoi'mance 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.
12. 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.
13. INSURANCE. In addition to any other insurance or bond required under
this Agreement, the ASSOCIATION shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ("basic insurance requirements"
herein):
13.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million Dollars ($1,000,000)
per occurrence; and the policy shall:
13.1.1 Provide coverage for owned, non-owned and hired autos.
13.2 Broad form commercial .qeneral liability insurance, unless
otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons, property damage and
personal injury, .with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
13.2.1 Provide contractual liability coverage for the terms of this
Agreement.
13.2.2 Provide products and completed operations coverage.
Agreement for Kern Veterans Memodal
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August 3, 2006
-- Page 5 of 12 Pages -
13.2.3 Contain an additional insured endorsement in favor of
CITY, its mayor, council, officers, agents, employees and
volunteers.
13.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in
favor of CITY, its mayor, council, officers, agents, employees and designated
volunteers.
13.4 All liability, all policies required of ASSOCIATION shall be primary
insurance as to CITY, its mayor, council, officers, agents, employees or designated
volunteers and any insurance or self-insurance maintained by CITY shall be excess of
ASSOCIATION's insurance and shall not contribute with it.
13.5 Except for workers' compensation, insurance is to be placed with .
insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less
than A:V. Any'deductibles, self-insurance retentions or insurance in lesser amounts, or
lack of certain types of insurance otherwise required by this Agreement, or insurance
rated below Bests' A:V, must be declared prior to execution of this Agreement and
approved by CITY in writing.
13.6. Unless otherwise approved by CITY's Risk Manager, all policies
shall contain an endorsement providing CITY with thirty (30) days written notice of
cancellation or material change in policy language or terms. All policies shall provide
that there shall be continuing liability thereon, notwithstanding any recovery on any
policy. Copies of policies shall be delivered to CITY on demand.
13.7 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 CITY.
13.8 The. shall furnish CITY's Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance required..
The CITY may withdraw its offer of contract or cancel this contract if certificates of
insurance and endorsements required have not been provided prior to the execution of
this Agreement.
13.9 Full compensation for all premiums which ASSOCIATION is
required to pay on all the insurance described herein shall be considered as included in
the prices paid for the various items of work. to be performed under the Agreement, and
no additional allowance will be made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
Agreement for Kern Veterans Memorial
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August 3, 2006
-- Page 6 of 12 Pages -
13.10 It is further understood and agreed by ASSOCIATION that its
liability to CITY shall not in any way be limited to or affected by the amount of insurance
obtained and carried by ASSOCIATION in connection with this Agreement.
13.11 Unless otherwise approved by CITY, if any part of the work under-
this Agreement is subcontracted, the "basic insurance requirements" set forth, above
shall be provided by, or on behalf of, all subcontractors even if CITY has approved
lesser insurance requirements for ASSOCIATION.
14. 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.
15. 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
RECREATION AND PARKS DEPARTMENT
900. Truxtun Avenue
Bakersfield, CA 93301
Telephone: (661)326-3866
Facsimile: (661) 852-2140
ASSOCIATION: KERN VETERANS MEMORIAL FOUNDATION, INC:
Attention: Wendell Gustin, President
P.O. Box 11325
Bakersfield, California 93389
Telephone: (661) 832-7590
16. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CITY may choose
to impose.
17. MERGER AND MODIFICATION. All prior agreements between the
parties are incorporated in this Agreement which constitutes the entire agreement. Its
terms are intended by the parties as a final expression of their agreement with respect
to such terms as are included herein and may not be contradicted by evidence of any
prior agreement or contemporaneous oral agreement. The parties further intend this
Agreement constitutes the complete and exclusive statement of its terms and no
Agreement for Kern Veterans Memorial
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August 3, 2006
- Page 7 of 12 Pages -
extrinsic evidence whatsoever may be introduced in any judicial or arbitration
proceeding involving this Agreement. This Agreement may be modified only in a writing
approved by the City Council and signed by all the parties.
18. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represent and warrant that they are, respectively, duly authorized to
sign on behalf of the entities and to bind the entities fully to each and all of the
obligations set forth in this Agreement.
19. 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 Califomia Civil Code shall not apply to the
interpretation of this Agreement.
20. TAX NUMBERS.
"ASSOCIATION's" Federal Tax Identification No. 043711600
"ASSOCIATION" is a corporation? Yes X No~
(Please check one.)
2i. NON-INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).
22. 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.
23. LOCATION OF MEMORIAL. If CITY, for any reason, should need to
move Memorial, the parties shall meet and confer in an attempt to relocate Memorial to
a mutually agreed upon location.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed, the day and year first-above written.
"CITY" "ASSOCIATION"
CITY OF BAKERSFIELD KERN VETERANS MEMORIAL
FOUNDATION, INC.
HARVEY L. HALL WENDELL GUSTIN
Mayor President
Additional Signatures on Following Page
Agreement for Kern Veterans Memodal
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August 3, 2006
- Page 8 of 12 Pages -
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ROBERT M. SHERFY
Deputy City Attorney
Insurance:
APPROVED AS TO CONTENT:
RECREATION AND PARKS
By: /~,~.
DIANNE HOOVER
Recreation and Parks Director
COUNTERSIGNED:
By:.
NELSON SMITH
Finance Director
RMS:dll
Attachments: Exhibit "A" - Concept Plan
Exhibit "B"- Engineer's Bond Estimate
Exhibit "C" - Maintenance Responsibility
Certificates of Insurance
Agreement for Kem Veterans Memorial
C:\DOCUME-l\ktro~e\LOCALS-l\Temp\KemVeteransMemodalAgr.doc
August 3, 2006
-- Page 9 of 12 Pages --
TRUXTUN AVENUE
EXHIBIT "B"
VETERANS MEMORIAL
Date: 2/17/06
Plans: Progress Set dated 2/10/06
Square Footage: 13,560
BID AMOUNT -
SECTION DESCRIPTION BUDGET CCC COST
OFFSlTE IMPROVEMENTS
I OFFSITE IMPROVEMENT SUBTOTAL $ $
SITE IMPROVEMENTS
2.021-02130 Hazardous Material Abatement $
.2.022-02222 Demolition $ 6,856
2.023-02300 Earthwork $ 10,000
2.023-02361 Soil / Termite Control $
2.025-02500 Traffic Signal Modification $ 30,000
2.025-02512 Fire Water Systems $ .-
2.025-02541 Septic Systems $
2.026-02631 Storm Drains $ 1,560
2.027-02700 Site Concrete $ 77,597
2.027-02741 A.C. Paving $ 897
2.028-02821 Chain Link Fencing $ -
2.028-02822 Wrought Iron Fencing ! Gates $ -
2.029-02931 Landscaping / Irrigation .. $ · 25,200
2.034-03410 Precast Concrete $ 50,100
2.044-04415 Stone $ 137,108
2.051-05121 Steel $' 135,600'
2.057-05521 Handrails / Railings $ -
2.084-08411 Glass $ · 40,000
2.093-09381 Tile $ 113,007
2.103-10351 Flagpoles $ 16,400
2.104-10431 Fountain Equipment $ 80,000
2.154-1 5400 Plumbing $ 6,700
2.165-16525 Electrical / Site Lighting $ 83,000
SITE IMPROVEMENT SUBTOTAL $ 814,026 $ -
DIRECT CONSTRUCTION COST SHELL
DIRECT CONSTRUCTION COST SHELL SUBTOTAL $ - $ -
I
DIRECT CONSTRUCTION COST INTERIOR
DIRECT CONSTRUCTION COST INTERIOR SUBTOTAL $ - $ -
I
INDIRECT CONSTRUCTION COST
007-00700 General Expenses $ 7,800
013-01300 Supervision $ 31,800
014-01452 Testing & Inspections $ -
015-01500 Construction Facilities & Controls $ 6,950
017-01721 .Engineering& Layout $ 3,000
Veterans ConceptUal Estimate 2-17-06.xls Page 1 of 3 SUMMARY
EXHIBIT "B"
VETERANS MEMORIAL
Date: 2/17/06
Plans: Progress Set dated 2/10/06
Square Footage: 13,560
BID AMOUNT
SECTION DESCRIPTION BUDGET CCC COST
017-01741 Janitorial Clean-Up $ 1,250
017-01742 Construction Clean-Up $ 3,000
INDIRECT CONSTRUCTION COSTS SUBTOTAL $ 53,800 $ -
PERMITS & FEES
008-00891 Plan Check I Building Permit $ 8,140
008-00891 Site Plan Review $
008-00892 Grading Permit $
008-00893 School Fees $ -
008-00894 Traffic Impact Fees $ -
008-00895 Habitat Fees $ 384
008-00899 Regulatory Fees $ -
011-01185 Sewer Hook-up Fees $
Notice of Intent $ -
PERMITS & FEES SUBTOTAL $ 8,525 $ -
PLANS & ENGINEERING
001-00101 Civil $ 5,000
001-00102 Architectural $ 45,701
001-00103 Structural $ 10,145
001-00104 H.V.A.C. $
001-00104 Plumbing $
001-00105 Electrical $
001-00106 Varco-Pruden Engineering $ -
001-00107 Landscape & Irrigation $ -
001-00108 Special Engineering $ -
001-00111 Geotechnical $ -
001-00112 Special Consultant $ 5,000
PLANS & ENGINEERING SUBTOTAL $ 65,846 $ -
UTILITY COMPANY FEES
011-011.81 Electrical $ 3,000
011-01182 Telephone $
011-01183 Gas $
011-01184 Water $
011-01185 Sewer $
UTILITY FEES SUBTOTAL $ 3,000 $ -
Veterans Conceptual Estimate 2-17-06.xls Page 2 of 3 SUMMARY
EXHIBIT 'B"
VETERANS MEMORIAL
Date: 2/17~06
Plans: Progress Set dated 2/10/06
Square Footage: 13,560
BID AMOUNT -
SECTION DESCRIPTION BUDGET CCC COST
TOTAL ABOVE COSTS $ 945,197 $ -
15% CONTINGENCY $ 141,780 $ -
5% CONTRACTORS FEE $ 54,349 $ -
006-00601 BUILDERS RISK INSURANCE
1% LIABILITY INSURANCE $ 11,413 $ -
006-00603 ERRORS & OMISSIONS INSURANCE
006-00602 PERFORMANCE & PAYMENT BONDS
TOTAL TURNKEY COSTS $ 1,152,739 $ -
COST/SF $ 85.01 $
EXCLUSIONS:
Power Glass from Glas-Platz
DesktoPor laptop computers
Prevailing wages
CPUs
Metal framing & drywall
Veterans Conceptual Estimate 2-17-06.xls Page 3 of 3 SUMMARY
EXHIBIT "C"
MAINTENANCE RESPONSIBILITY
The following items shall be the maintenance responsibility of the KERN VETERANS
MEMORIAL FOUNDATION, INC. They include, but may not be limited to:
Water feature, including bubblers and equipment
Glass panels and fittings
Stainless steel sculpture'
Granite and limestone pavers and tile
Granite wall
'Flag poles
Flags
Contribution plaque and book, including the structure to support these elements
Pre-cast concrete benches
LED lighting system, including submersible fixtures and controls
Sound system, including speakers and equipment
Surveillance camera and equipment. The equipment is intended to be located off-Site.
Other equipment housed inside the plaque structure (i.e., air condition, modem, router,
CPU, etc.)
The following items shall be the maintenance responsibility of the CITY OF
BAKERSFIELD:
Landscaping, irrigation and trees
Water usage
Electrical usage
Site lighting system and controls (i.e., uplights at flag poles, uplights at granite wall, step
lights and light bollards)
Agreement for Kern Veterans Memorial
C:\DOCUM E~l\ktrone\LOCALS-l\Temp\KernVeteransMemorialAgr_l .doc
August 3, 2006
-- Exhibit "C" - 1 -
PUBLIC STATEMENTS SPEAKER'S CARD
Community Services Committee
Committee of the City Council
Committee Meeting Date ~-- I'~ - O ~,
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three {3) minutes per speaker with a maximum of
fifteen (15) minutes, per side, for any one subject. The Committee may, by simple majority
vote, waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
Jacquie Sullivan
Name: [.~'~ F._.~ ~01 (~ ~'["~ ~ C' VI C)
Company/
Organization: G~c~(~r ~;L~.c~c~ ~k.~ ~_~O'~ O
Address: ~-c)(~ ~O~ I~ Lf ~7
Phone: ~.~.~_ 1~ L~ ~_. ~ Fax/e-mail:
Subject: ~ ,
PUBLIC STATEMENTS SPEAKER'S CARD
Community Services Committee Committee of the City Council
Committee Meeting Date ' /? ~-.
You are invited to address the Committee under Publi~ Statements
on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of
f'~een (15) minutes, per side, for any one subject. The Committee may, by simple majority
vote, waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
Jacquie Sullivan
Company/
Organization:
Address: O.) ""~ ~-~- ,~('C ~ .{ ~
Phone: ti ~"~ t (-,"'"'7 Fax/e-mail:
Subject: ~/1:'L) ~"~/~"~
PUBLIC STATEMENTS SPEAKER'S CARD
Community Services Committee Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of
fifteen (15) minutes, per side, for any one subject. The Committee may, by simple majority
vote, waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
Jacquie Sullivan
Name: -'--~'~--~ [ ,~,
Organization:Company/ ~j~ ~.~'~.~,.~
Subject: ,~(~LJ~ ~ ~.;L ~ O
PUBLIC STATEMENTS SPEAKER'S CARD
Community Services Committee Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of
fifteen (15) minutes, per side, for any one subject. The Committee may, by simple majority
vote, waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
Jacquie Sullivan
Name: ' _'~j~.~
Company/
Organization: "~, \/" ~_ e ~0'"'~ 6 ~.,'~ 0'~
Address: ~00 '-TV" I.,L ,~' ,qL[4 ,iF~,
Phone: '~ ~,~- '~:r~ 5~..) Fax/e-mail:
PUBLIC STATEMENTS SPEAKER'S CARD
Community Services Committee
Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of
f~een (15) minutes, per side, for any one subject. The Committee may, by simple majority
vote, waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
Jacquie Sullivan
Name:
Co~aPn~znaYt/io n: ....
Address:
Phone: 4~")" I Fax/e-m,,ail:
Page 1 of 1
3ean Parks - 3acqUie/Community Services Committee Cancellation
From: .lean Parks
To: Alan Christensen
Subject: .lacquie/Community Services Committee Cancellation
CC: Alan Tandy; Dianne Hoover; Rhonda Smiley
Jacquie said it was fine to cancel the Community Services Committee meeting scheduled for Monday, May 8th.
.lacquie requested an Update on Landscaping Block Walls be put on the agenda for the 3une 12th
Committee meeting.
She would like staff to update the committee on how the efforts are going to let the plants grow taller to cover
the block walls, etc.
Jean
about:blank 5/4/2006
Page 1 of 1
3ean Parks - community services agenda items-draft
From: Alan Christensen
To: Jean Parks
Date: 6/7/2006 3:50 PM
Subject: community services agenda items-draft
1. Report on 200 Acre Park (Sports Village)
2. Report on 40 acre Park at 3ewetta & Stockdale
3. Discussion on Vandalism in City Parks
file://C:\Documents and Settings\jparks\Local Settings\Temp\GW}00001.HTM 6/7/2006
January 20, 2006
Councilae~ber Sullivan, ~hair
Community Services Co~Littee
Jacquie~
Per our conversation, attached is a draft
meeting schedule for the Community Services
Committee.
Would you please let us know if you would
like any changes.
We would like to include the draft' schedule
in the February 6th Community Services
Committee meeting packet. Thanks.
Have a.great weekend!
Jean
--Ci~Y--Nanager*s Office 326-3751
DRAF%-COMMUNITY SERVICES COMMITTEE
2006 MEETING SCHEDULE
~ Cemm~i~y SeFvice~ Committee meeSr~gs
CiTY COUNCIL ~ BEGINS ~ 5:15 PM ~ C~TY COUNCIL
~UDGET
PRESENTATIONS
CONTINUED AT ~:30 P~ Monday's ~ Noon, Wednesday's ~ 5:15pm
Hearing on 6/7, A~spt/or~ o~:~ 672¢
Holidays - City HaH C~osed Joint C~ty/County ~eetJng
JANUARY FEBRUARY' MARCH
APRIL MAY JUNE
JULY SEPTEMBER
OCTOBER NOVEMBER DECEMBER
S M T
1
t5 16 1'
22 23 2,
29 30 3
BFaf'~ ~ Febr~.x~ry 6~ 2006
ADMINISTRATIVE,. REPORT
I MEETING DATE: January 11, 2006 I AGENDA SECTION: Consent Calendar
I
ITEM:
I
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover DEPARTMENT HEAD ~
Director of Recreation and .Parks '
DATE: December 23, 2005 CITY ATTORNEY /~.~
CITY MANAGER
SUBJECT: Memorial Grove Project (Ward 3):
1). Resolution approving the Notice of Exemption from the Califomia Environmental Quality
Act (CEQA) compliance for the Memorial Grove Project located at the west side of Manor
Street just south of the Kern River.
2). Appropriate $2,000 contribution to the Recreation and Parks~Department Operating
Budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the resolution for the exemption and appropriation of funds.
BACKGROUND:
The Memorial Grove Project is located along the west side of Manor Street just south of the Kern River
and adjacent to the Manor Street Parking Area. The project involves the restoration of a "degraded"
dparian habitat within the Kern River Parkway Plan Area which is designated for this public project of
native species. The Kern River Plan historically supported a wide dparian area at Manor Street, with the
. advent of the Lake Isabella Dam the gallery forest has for the most part died out.
The project includes the removal of non-native species which have invaded the area, and replacing them
with native species. All 100 trees to be planted are from the adopted Kern River Parkway tree list which is
used exclusively within the Kern River Parkway Plan Area. The project will partially restore an important
habitat area which is a recognized wildlife corridor. The project is a joint effort involving the Bakersfield
Breakfast Rotary Club, the Tree Foundation of Kern, Kern River Parkway Foundation and city staff. Total
cost of the project is approximately $10,000, with a $2,000 contribution coming from the Bakersfield
Breakfast Rotary Club. The balance will come from the Recreation and Parks Department operating
budget.
January 3, 2006, 11:53AM:kI
S:\2005 Admins\Memorialgroveadmin.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL APPROVING A PUBLIC
RESOURCES CODE SECTION 21084 CEQA EXEMPTION OF A
MEMORIAL GROVE PLANTING PROJECT' AT THE NORTHWEST
CORNER OF NORRIS ROAD AND THE KERN RIVER BIKE TRAIL.
WHEREAS, the City of Bakersfield Recreation and Parks Department requested
the City of Bakersfield City Council approve a Public Resources Code SectiOn 21084
exemption of the Memorial Grove Project site (project); and
WHEREAS, the project consists generally of the restoration and enhancement of
native plants and trees along the Kern River Parkway; and
WHEREAS, City Council reviewed the item Wednesday, January 11, 2006 at the
hour of 6:30 p.m. in the City Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California; and
WHEREAS, the above described project is exempt from the California
Environmental Quality Act (CEQA) according to Section 15308 of the CEQA Guidelines
(General Rule) in that there is no possibility that this project could have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. This project is exempt from the California Environmental Quality Act per
General Rule Section 15308.
3. This project is consistent with the Kern River Parkway Plan.
S:\PARKS~LETTERS\05.06\memoria~gr evereso.doc
-- Page 1 of 2 Pages
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the City Council of the City of Bakersfield at a regular meeting thereof held on __
by the following vote: '
AYES: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SCRIVNER, ·SULLIVAN
NOES: COUNClLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNClLMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Deputy City Attorney
S:\PARKS~-ETTERS\05-06~memorialgrovereso.doc
-- Page 2 of 2 Pages ~-
NOTICE OF EXEMPTION
TO: Office of Planning & Research FROM: City of Bakersfield
1400 Tenth Street, Room 121 Development Services Dept. - Planning
Sacramento, CA 95814 1715 Chester Avenue
Bakersfield, CA 93301
X County Clerk, County of Kern
1115 Truxtun Avenue
'Bakersfield, CA 93301
Project Title (No.): Memorial Grove Project
General Location: City of Bakersfield, County of Kern.
Specific Location: Locatedadjacent the south side of the Kern'River at the Manor Street Parking lot.
Project Description: The planting of 100 native trees and the setting of a memorial plaque. There will
installation of a pathway and extension of the existing irrigation system.
Approving Agency: City of Bakersfield
Project Applicant: Involving several local groups including, the Bakersfield Rotary Club,.the Tree
foundation of Kern, Kern River Parkway Foundation and the City of Bakersfidd.
Exempt Status: (Check One)
Ministerial (Sec. 21080(b) (1); 15268);
Declared Emergency (Sec. 21080(b) (3); 15269(a));
Emergency Project (Sec. 21080(b) (4); 15269(b));
X Categorical Exemption. Class 33, Section 15333 (Small Habitat Restoration Project)
Statuto~ Exemptions. Code/Section No.
Reasons why project is exempt: This project involves the restoration of a "degraded" riparian habitat within
the Kern River Parkway Plan Area which is designated for this type of project (native area-having public
access). All 100 trees to be planted are from the adopted Kern River parkway tree list which is used
exclusively within the Kern River Parkway Plan Area. This Kern River historically'supported a wide riparian
area at Manor Street, with the advent of the Lake Isabelle Dam the gallery forest has for the most part died
out. The project includes the removal of normative species which have invaded the area and the extension of a
water system already in place. The project will partially restore an important habitat area which is a
recognized wildlife corridor.
Lead Agency Contact Person: Marc Gauthier Telephone: (661) 326-3786
If filed by applicant: 1. Attach the certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes X No
Signature~'-~'l a,c_~
~__~~. Date: December22,2005 Title: PrincipalPlanner
X Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
From: "Sue Benham" <sbenham @sbcglobal.net>
To: "Jean Parks" <Jparks@bakersfieldcity. us>
Date: 1/13/2006 4:37:43 PM
Subject: Re: Community Services Committee Meeting
Jean,
I am available for a meeting on Feb. 6 but not on the 13th.
Hope you enjoy your long week-end,
Sue
..... Original Message .....
From: "Jean Parks" <Jparks@bakersfieldcity. us>
To: <sbenham @sbcglobal.net>
Sent: Friday, January 13, 2006 1:52 PM
Subject: Community Services Committee Meeting
> Sue,
> Would you be able to meet for a Community Services Committee meeting on
> Monday, February 13th at 1:00 p.m. Alternate date Monday, February 6th
> at 1:00 p.m.
> On another note, thank you for responding so quickly on the Legislative
> and Litigation Committee request. We assumed it would be too short a
> notice, but were requested to ask. Alan Christensen is going to talk
> with Zack and Cheryl in Treasury on the timing for the Fire Works
> ordinance.
> Have a great weekend!
> Jean