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Home My WebLink About03/09/09 RDA AGENDA° BAKERSFIELD REDEVELOPMENT AGENCY 7 AGENDA REGULAR MEETING OF MARCH 9, 2009 Conference Room A, City Hall North 1600 Truxtun Avenue 4:00 p.m. REGULAR MEETING 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR a. Minutes of the February 2, 2009 special meeting. b. Approval of department payments from January 23, 2009 to February 26, 2009 in the amount of $2,028,035.73. c. Agreement with Contractor Compliance and Monitoring, Inc. in an amount not to exceed $140,000 for Labor Compliance Services for the Baker Street Village Project. d. Amendment No. 1 to Agreement No. RA 08-020 with Goodwin Proctor for legal Services (not to exceed $100,000) in connection with issuance by the Agency of approximately $13,500,000 of redevelopment bonds to be used to finance various capital improvements within the three redevelopment project areas. Staff recommends approval of Consent Calendar items 3.a. through 3.d. 4. PUBLIC HEARINGS 5. REPORTS 6. DEFERRED BUSINESS 7. NEW BUSINESS 8. AGENCY STATEMENTS 9. CLOSED SESSIONS 10. WORKSHOPS 11. ADJOURNMENT Respectfully submitted, .----~_" /~ ~'~"~ Alan Tandy ~f Executive Director BAKE o~,~~o.~oa„r RS ~ ; ~~ ADMINISTRATIVE REPORT c "° `LIFO MEETING DATE: March 9, 2009 AGENDA SECTION: Consent Calendar ITEM: 3.a. TO: FROM: DATE: SUBJECT: Bakersfield Redevelopment Agency Pamela A. McCarthy, City Clerk February 27, 2009 Minutes of the February 2, 2009 special meeting. APPROVED DEPARTMENT HEA ~ G GENERAL COUNSEL -- EXECUTIVE DIRECTOR r° RECOMMENDATION: Staff recommends approval of the minutes. BACKGROUND: A of , E ~ ~ d ADMINISTRATIVE REPORT ~ ~L~ ~o MEETING DATE: March 9, 2009 AGENDA SECTION: Consent Calendar ITEM: ~ . j TO: Bakersfield RDA APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD /yS DATE: February 27, 2009 GENERAL COUNSEL ~~ EXECUTIVE DIRECTOR SUBJECT: Approval of department payments from January 23, 2009 to February 26, 2 9 in the amount of $2,028,035.73. RECOMMENDATION: Staff recommends approval of payments totaling $2,028,035.73. BACKGROUND: Individual payments exceeding $3,500 in the above total are listed below. Kern Count Auditor Controller $ 27,117.96 Passthrou h Pa ment for the Downtown Pro'ect Area for 2008/2009. Ke ser Marston Associates Inc. $ 8,720.00 Payment for Professional Services For The Reuse Analysis of the Creek View Villas Per A reement BRDA 08-005. Lortz & Son Manufacturin $ 101,931.47 1st Pa ment for Misc Metal For The Mill Creek Canal Waterwa Pro'ect. Me er Civil En ineerin Inc $ 7,400.00 13 Pa ment For Professional Services For The Mill Creek Pro'ect. Structure Cast $ 213,963.75 1 g Payment for the Precast Bridge Arch Unit For The Mill Creek Canal Waterwa Pro'ect. California Eminent Domain Law Grou $ 11,262.95 4 Payment for Professional Services For The Month of December 2008 Per A reement BRDA 08-018 &BRDA 08-019. Jim Alfter Cement Contractor $ 148,975.84 Payment for Concrete Work Located at the Mill Creek Park and the Maya Cinema. Loo Electric $ 9,963.00 Pa ment for Relocation of Si nal Pole California and N Street. Lortz & Son Manufacturin $ 99,494.76 2" and Final Payment for Misc Metal For The Mill Creek Canal Waterway Pro'ect. San Joa uin Fence & Su I $ 15,266.25 Pa ment for Fencin Materials for the Mill Creek Park. Structure Cast $ 185,722.52 2" Payment for the Precast Bridge Arch Unit For The Mill Creek Canal Waterwa Pro'ect. Waterman Industries $ 139,213.62 2" Pa ment for Slide Gates for Mill Creek Park. S:Utichazd~AP~ADMIN--BRDA~ADMIN-BRDA-AP-2-24-09.doc ~ BAK ~pWR~r d ~ ~t IF ADMINISTRATIVE REPORT A-C Electric Com an $ 96,216.75 Installation for Traffic Signal and Lighting System at 19 8 21S Street Mill Creek . Bronco Electric Inc $ 10,036.10 3` and Final Payment for Construction and Equipment of the Electrical Distribution S stem for the Mill Creek Park. Lee Cri en Demolition $ 90,296.99 3 Payment For Downtown Redevelopment Demolition of Various Pro erties. Landsca eforms $ 181,518.91 Pa ment for the Mill Creek Park - 76 Presidio Park Benches Me er Civil En ineerin Inc $ 32,224.64 14 Pa ment For Professional Services For The Mill Creek Project. Whitaker Contractors Inc $ 61,915.84 2" Pa ment for Construction for the Mill Creek Canal Waterwa Project. D Reese Construction $ 22,330.80 2" Payment for Construction of the Pedestrian Bridge Covering located at Mill Creek Park. Housle Demolition Excavation $ 65,655.00 1 s Pa ment for the Demolition of 830 California Ave. Mid-State Precast, LP $ 106,123.88 Precast Weir Panels For The Mill Creek Project. Granite Construction Co $ 382,177.80 2" Payment for Construction for the Mill Creek Canal Waterway Project Phase 5A & 56. Cornerstone En ineerin Inc $ 4,353.75 10 Pa ment For En ineerin Services of Various Demolition Pro'ects. Harris & Associates Inc $ 4,041.33 Pa ment for Professional Services Rendered throu h Ma 31, 2008 S:UZichazdWP~ADMIN-BRDA~ADMIN~BRDA-AP-2-24-09.doc ~ I ~;i; .: `i. ~~~~~---.~~~ ADMINISTRATIVE REPORT ~.~::~., MEETING DATE: March 9, 2009 AGENDA SECTION: Consent Calendar ITEM:.3 .C:,~ TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD ~LJ~ DATE: February 26, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR ~r SUBJECT: Agreement with Contractor Compliance and Monitoring, Inc. in an amount not to exceed $140,000 for Labor Compliance Services for the Baker Street Village Project RECOMMENDATION: Staff recommends approval. BACKGROUND: On July 23, 2007, the Agency awarded an agreement for outside labor compliance to Harris & Associates. Staff was recently notified by the State of California Department of Industrial Relations that the department is unwilling to approve Harris & Associates reapplication for approval of their Labor Compliance Program due to concerns pertaining to annual reports, adequate staffing, enforcement manuals, legal support, and communications. This leaves the Agency in a position of uncertainty related to Harris and Associates capacity and ability to operate an effective Labor Compliance Program consistent with applicable legal requirements. Staff is therefore, recommending termination of the contract with Harris and Associates by sending them 10-day termination notice as stipulated in the agreement, if the agreement with Contractor Compliance and Monitoring, Inc. (CCMI) is approved. In January 2009, staff re-issued Request for Proposals for outside compliance services and one proposal from CCMI was received. Staff has found the proposal to be satisfactory and has had a positive experience using CCMI for other city projects. CCMI has agreed to assume all prior responsibilities from Harris and Associates. The proposed scope of service includes the following: • Labor Compliance Plan • Implementation Pre-Bid Activities • Post-Bid Activities • Preconstruction Activities • Ongoing Outreach • Construction Activities Since the City of Bakersfield is potentially a repeat customer CCMI has quoted the City a flat price of .4% of the construction project/package if services are provided for the entire 4-phase project. If only Phase I requires CCMI services, then our price would be 1 % for the first $2 million of construction costs and .5% for all amounts over $2 million. Therefore, based on the $10 million value of phase 1 the estimated not to exceed price for Phase 1 would be $60,000. Based on a $35 million value of the entire 4-phase project the estimated not to exceed price would be $140,000. Staff is recommending approval of the agreement with CCMI to enforce full compliance with labor and employee laws, monitor, track and audit state and federal prevailing wages, and monitor construction activities for the Baker Street Village Project. CCMI will succeed Harris and Associates who currently holds the contract and will assume all their prior responsibilities. S:\AdminslRDA\RDA Admins 2009\CCMI agreement.doc 2/26/2009 10:45 AM ~ A S ~ : ADMINISTRATIVE REPORT ~'~' o`' BAKERSFIELD REDEVELOPMENT AGENCY MEETING DATE: March 9, 2009 AGENDA SECTION: Consent ITEM: 3 , cl., TO: Bakersfield Redevelopment Agency FROM: Virginia Gennaro, General Counsel DATE: February 27, 2009 APPROVED DEPARTMENT HEAD n GENERAL EXECUTIVE DIRECTO SUBJECT: Amendment No. 1 to Agreement No. RA 08-020 with Goodwin Proctor for legal services (not to exceed $100,000) in connection with the issuance by the Agency of approximately $13,500,000 of redevelopment bonds to be used to finance various capital improvements within the three redevelopment project areas in the City of Bakersfield. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The Agency's agreement with Goodwin Proctor for legal services is in the amount of $65,000 for the issuance by the Agency of approximately $13,500,000 aggregate principal amount of redevelopment bonds to be used to finance various capital improvements within the three redevelopment project areas in the City of Bakersfield. The original bond structure and transaction involved the issuance of three series of bonds and the preparation of one Official Statement. The Agency now intends to issue such redevelopment bonds in four series, and to market the bonds in two separate Official Statements. The change to the bond structure and transaction will require additional legal services which exceed the amount of the Agreement. Amendment No. 1 to Agreement No. RA 08-020 would add $35,000 to the contract in order to pay for the additional legal services of disclosure counsel. As is customary in these types of arrangements, the payment of the legal services will be contingent upon the issuance of the bonds and paid out of the proceeds from the sale of the bonds. JHR:IsGvl S:\Edcd\RDA(CDDA)\OB-09 RDA Admins\GoodwinProctorAgrAmntl.doc