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HomeMy WebLinkAbout01/31/17 CC AGENDA PACKETCouncil Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 1:OOPM SPECIAL MEETING - 1:00 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR Staff recommends adoption of Consent Calendar Items: a. Bids: Ward 2 24th Street Improvement Project (Demolition Phase): 1. Accept bid and approve contract with Interior Demolition Inc. ($90,327.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. 2. Reject all bids for the Demolition of Improvements along 24th Street: 2318 B Street, 2330 B Street, 2201 24th Street, and 2315 C Street. 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). 5. CLOSED SESSION ACTION 6. ADJOURNMENT 01131117 CC AGENDA PAGE 1 ADMINISTRATIVE REPORT MEETING DATE: 1/31/2017 Consent- Bids a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 11/28/2016 iTiff-11 1.1 SUBJECT: 24th Street Improvement Project (Demolition Phase): 1. Accept bid and approve contract with Interior Demolition Inc. ($90,327.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. 2. Reject all bids for the Demolition of Improvements along 24th Street: 2318 B Street, 2330 B Street, 2201 24th Street, and 2315 C Street. STAFF RECOMMENDATION: Item 1: Staff recommends acceptance of low bid and approval of contract. Item 2: Staff recommends the rejection of all bids, review of project specifications, and rebidding of the project if no parties are interested in the purchase and relocation of specific sites. BACKGROUND: As part of the Thomas Roads Improvement Program (TRIP), the 24th Street Improvements Project provides for additional capacity along this congested corridor. The 24th Street Improvement Project consists generally of: • Widening 24th Street from four lanes to six lanes from Elm Street to C Street; • Reconstruction and restriping of the 23rd Street/24th Street one-way couplet roadway segments from D Street to 0.2 mile east of M Street to provide for four lanes in both directions; • Improvements to the State Route (SR)-99/24th Street/SR-58 interchange; • Expansion of the 24th Street/Oak Street intersection to provide for four lanes in both 01131117 CC AGENDA PAGE 2 directions of 24th Street and to allow for additional turn lanes on Oak Street; and • Improvements to the reverse curve (S curve) for eastbound traffic between 24th Street and 23rd Street. On November 7, 2016, the Citizens Against 24th Street Widening group ("Petitioner") appealed, to the 5th District Appellate Court, the Superior Court's approval of the Recirculated Final EIR for the project and requested that the Appellate Court stop the project until the appeal is decided. On November 28, 2016, the Appellate Court temporarily stopped work on the project until the court could decide whether a more permanent injunction was needed while the appeal was pending. On January 19, 2017, the Appellate Court denied the Petitioner's request for an injunction, allowing the City to move forward with all aspects of the project, including demolition of homes that are required to be removed as part of the project. There is a total of 19 homes that need to be removed for the project, 13 on the north side and 6 on the south side. In addition, the "Speak-Easy' home, located at 2313 24th Street, will be relocated to a remnant parcel on Bay Street. Currently, the City has acquired all the homes except for one, which is still under negotiations and is not included in the current phasing plan. The City intends to remove these homes in four phases; Phase 1 is defined below in this administrative report. Phases 2 and 3, which include the remaining north side homes, went out for bid on January 30th and will be brought to the Council for approval on March 8th. The south- side homes, included in the Phase 4 package, have specific State Historic Preservation Office requirements that need to be met prior to removing, which is why the City needs to reject all bids for the South-side home package at this time. These homes need to be offered to local historical museums, heritage organizations, and the public for potential purchase and relocation. If there is no interest in purchasing and relocating these homes, then they can be demolished. Staff went out to bid and received bids for two packages. Staff recommends awarding the bid for the Phase 1 package and rejecting all bids for the south-side homes package. Phase 1 package - 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street: On November 22, 2016, a total of four bids were received for this project; all of those bids are acceptable. The contract was not awarded at that time since the project was temporarily stopped by the appellate court. Now that the City is allowed to move forward with the project, the low-bidding contractor has agreed to honor their initial bid. The four acceptable bids are as follows: Interior Demolition Inc. 621 Honolulu Ave in the amount of Montrose, CA, 91020 Central Valley Environmental 263 N Selland Ave in the amount of Fresno, CA, 93722 Soils Engineering Inc. 4400 Yeager Way in the amount of $90,327.00 $173,899.00 01131117 CC AGENDA PAGE 3 Bakersfield, CA, 93313 American Wrecking Inc 2459 Lee Ave in the amount of $203,091.00 South El Monte, CA, 91733 Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by federal earmark funds with the 11.47% local match requirement funded by utility surcharge fees. Therefore, there is no General Fund impact associated with this project. South-side homes package- 2318 B Street, 2330 B Street, 2201 24th Street, and 2315 C Street: Although bids for these homes were opened on November 22, 2016, staff recommends the rejection of all bids in order to complete the State Historic Preservation Office requirements. ATTACHMENTS: Description D to Ipireav >entaYioin D Correspondence D /kgireeirneint Type Piresentadoin Correspondence /kgireeirneint 01131117 CC AGENDA PAGE 4 1/31/2017 What R xy? Central Valley cities among worst in nation for jor- ^alifornia Political Review You are here: Home / Stephen Frank's California Political News And Views / What Recovery? Central Valley cries among worst in nation for jobs What Recovery? Central Valley cities among worst in nation for A jobs January 5, 2017 By Stephen Frank Leave a Comment Thanks to the water and tax policies of Sacramento we have these results, "It ranks Fresno, the Valley's largest city, 149th in the country for finding a job. The worst? Detroit. Bakersfield, the Valley's third largest city, is ranked 148th, just ahead of Newark, New Jersey. Stockton, fourth largest Valley city, does somewhat better in the WalletHub study, landing 138th, between Montgomery and Mobile, Alabama." When you take water and give it to fish, farmers need fewer workers —plus technology must be used to save the farm. If taxes are too high, folks go elsewhere. Again, California, outside of the Bay Area is a disaster zone. With the minimum wage increasing thanks to the big city Democrats, watch unemployment grow in the Central Valley and watch fewer jobs being available. Central Valley cities among worst in nation for jobs Central Valley Business Times. 1/4/17 • WalletHub study puts Fresno and Bakersfield in bottom ten • But one Valley city makes it into the top third With "get a better job" being one of the most popular New Year's resolutions, the U.S. unemployment rate dropping to its lowest since 2007, and employers expecting to hire nearly 6 percent more college graduates from the Class of 2017 than they did from the previous graduating class, one would have a tough time finding a job in two of the Central Valley's largest cities, according to a study by the personal -finance website WalletHub, a unit of Evolution Finance Inc., of Washington, D.C. It ranks Fresno, the Valley's largest city, 149th in the country for finding a job. The worst? Detroit. Bakersfield, the Valley's third largest city, is ranked 148th, just ahead of Newark, New Jersey. Stockton, fourth largest Valley city, does somewhat better in the WalletHub study, landing 138th, between Montgomery and Mobile, Alabama. Modesto was put in the 133rd slot by WalletHub, just behind San Bernardino and ahead of Shreveport, Louisiana. The Valley's best showing is by Sacramento, ranked 48th, between Glendale (47th) and Mesa (49th) in Arizona. The Valley's smaller cities were not included in the WalletHub study which includes only the nation's 150 largest cities. Methodology Here is WalletHub's explanation of its methodology. Fur the full report, please click on the link below. http://www.capoliti cal review.com/capol itical newsan(Jvi ews/what-recovery-central-valley-cities-am ong-worst-i n-nati on -for -jobs/ 1 /3 Subject FAIN: [KERN-EXCOMI 24th St. project demolitions, letter draft to Bakersfield City Council From: Stephen A. Montgomery [mailto:samontv0pacbell. net] Sent: Tuesday, January 31, 2017 11:07 AM To: City—Council Cc: Andrae Gonzales; Kathryn Phillips; Kern Kaweah Chapter Executive Committee Subject: Re: [KERN-EXCOM] 24th St. project demolitions, letter draft to Bakersfield City Council Note to Clei* of the Council.- Please include this letter in the packet far today's special meeting regarding the 24th St. project and forward as appropriate. Bakersfield City Council and Mayor: The honorables Willie Rivera, Andrae Gonzales, Ken Weir, Vice Mayor, Bob Smith, Jacquie Sullivan, Chris Parlier and Mayor Karen Goh Dear council members and mayor: To date, in seeking the clearance of the right of way for the 24th St. widening project, the city has been focused solely on the demolition of the structures along the right of way. Historically the city and city manager have shown no interest in seeking reasonable alternatives to simply chewing tip the houses and sending to the landfill well designed soundly built structures. This is an incredible waste and I applaud the action by planning staff who recommend rejection of demolition bids for specific properties until compliance with requirements of the State Historic Preservation Office is completed. In the interest of reducing the accumulation of solid waste and a basic waste of resources, relocating and repurposing sound and well designed structures would reflect sound judgement and good planning values. Costs of relocating a typical residential structure is about the same as building new. The added needs of code compliance can be addressed in a reasonable inanner and would not be an undue burden oil a buyer as many of the code upgrades that would be required have already been done by the former homeowners, i.e. thermally efficient windows, insulation and electrical work. Adding code required fire sprinklers and seismic improvements would not be an undue burden as would any other required code compliance upgrades. We are pleased there is already a plan to relocate the structure presently at 2313 24th St. but the others to be considered by SHPO have soulid and desirable features that cannot, in a practical sense, be replicated today like use of cement plaster, first growth lumber, red oak floors, true plaster interior walls, interesting but no longer available fixtures and interior finish carpentry details seldom seen in today's "stucco and Styrofoam" pull) wood houses. In any case it should be the policy of the city that it be proactive in seeking relocation and reuse of existing structures in the path of needed developirlent vs. the current one of demolition and only then reluctantly accepting, or dismissing the notion of acquisition and relocation. This would be sound public policy to reduce needless waste of quality materials of colistruction and the firture need to acquire new materials to build structures, the need for which could be met with ones already built. Thank you for your consideration of this matter. Sincerely, StelAten Nlontgornel'y Chair. Slcn.a ChalAel, o 01131117 CC AGENDA PAGE 6 9 01131117 CC A EN A PAGE 7 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and INTERIOR DEMOLITION, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, 2401 Cedar Street ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of demolition of improvements at 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street and 2401 Cedar Street, and removal of all structures, foundations, landscaping, fences where designated, debris, out buildings, patios, asbestos or lead containing materials, and grading sites to match existing grades, applying emergent systematic herbicide and applying a 4" layer of mulch to the finished grade ( "Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 1 of 11 Pages -- 1131/17 CC AGENDA FACE 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.2. CONTRACTOR acknowledges that CITY is receiving federal - aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Ninety Thousand, Three Hundred Twenty -Seven Dollars and Zero Cents ($90,327.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 2 of 11 Pages -- 1/.31/17 CC AGENDA FACE 9 pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. 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. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 3 of 11 Pages -- 1131/17 CC AGENDA FACE 1 agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no 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. 9. 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. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 4 of 11 Pages -- 1/.31/17 CC AGENDA FACE 11 CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 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 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: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 5 of 11 Pages -- 1131/17 CC AGENDA FACE 12 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 accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR 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 CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. 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. 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 the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 6 of 11 Pages -- 1/.31/17 CC AGENDA FACE 13 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR 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 CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 7 of 11 Pages -- 1131/17 CC AGENDA FACE 1 demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 8 of 11 Pages -- 1/.31/17 CC AGENDA FACE 15 of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. 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 PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: INTERIOR DEMOLITION, INC. 2621 Honolulu Avenue Montrose, California 91020 (818) 249 -4932 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 9 of 11 Pages -- 1/.31/17 CC AGENDA FACE 16 party or parties. 24. 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. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) 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. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 27. 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 4216657 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 603409 Expiration Date September 30, 2018 License Classification B, C21, C12 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 10 of 11 Pages -- 1/.31/17 CC AGENDA FACE 17 31. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD "CONTRACTOR" INTERIOR DEMOLITION, INC. By: KAREN GOH MAYOR of the City of Bakersfield PRINT NAME: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Title: Insurance: JENA COVEY CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 11 of 11 Pages -- 1131/17 CC AGENDA FACE 18 Finance Director CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/26/2017 Demolition of Improvements along 24`h Street: (City Project No. TRCC34) L.Skinner for Project Designer: C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ BOFE36B3- D2B8- 49AB- A1B6- 7257B614C622 \PDFConvert. 7593 .1.Demolmprov_24th_Bay- Alder- Cedar_Agr..docx Elvis Siguenza: Telephone: (661)326 -3580 -- Page 12 of 12 Pages -- 1131/17 CC A EN A PAGE 19 ADMINISTRATIVE REPORT MEETING DATE: 1/31/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 1/27/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). STAFF RECOMMENDATION: BACKGROUND: 01131117 CC AGENDA PAGE 20