AGREEMENT NO. _______________
AMENDMENT NO. 1 TO AGREEMENT NO. 17-199
THIS AMENDMENT NO. 1 TO AGREEMENT NO.17-199 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and United Ventures Bakersfield, LLC, a limited liability company formally known as Bakerfield Lodging, LTD (referred to herein as “SELLER”).
R E C I T A L S
WHEREAS, CITY and SELLER entered into Agreement No. 17-199 (“Agreement”), on November 7, 2017, for CITY’s acquisition of certain real property for the 24
th Street Improvement Project (“Project”), for an amount not to exceed Forty-Seven Thousand One Hundred Dollars ($47,100.00); and
WHEREAS, the Agreement required CITY to restore SELLER’s landscaping and/or paving within the Temporary Co nstruction Easement (“TCE”) area to similar condition prior to the construction of Project; and
WHEREAS, the Project has been completed and, pursuant to its obligations set forth in the Agreement, CITY assisted the SELLER in obtaining a contractor to perform the restoration work on the property; and
WHEREAS, the cost of restoration work shall not exceed more than $180,000.00; and
WHEREAS, the parties now desire to enter into Amendment No. 1 to Agreement No. 17-199 for purposes of authorizing payment for the restoration work.
NOW, THEREFORE, incorporating the foregoing recitals herein, the parties hereto mutually agree as follows:
1. Section 12 of Agreement No. 17-199 titled “Construction Contract and Curative Work” is hereby amended to read as follows:
12. CONSTRUCTION CONTRACT AND CURATIVE WORK.
a. I t i s u n d e r s t o o d a n d a g r e e d b y a n d between the parties hereto in addition to
the compensation shown in Paragraph 2
herein above, the Buyer, its contractors or
_____________________________________________________________________________ S:\1 - TRIP PROJECTS\12 - 24th Street Widening\460 - Right of Way\461 - Right of Way Correspondence\EZ-8 Motel\Agreement\Amendment No. 1 to Agreement 17-99Rev1.docx—
Seller’s contractor, shall perform the
following construction contract items at
the tie of the installation of the proposed
project;
i. Temporarily relocate the trash bin
if needed. Return the trash bin to
its original location after
completion of the construction.
ii. Upon completion of the
construction, Seller’s contractor is
responsible to restore any
landscaping and/or paving within
the TCE area to a similar condition
prior to construction project. CITY
is responsible for the costs of such
work in an amount not to exceed
$180,000.00.
All work performed under this Agreement
shall conform to all applicable building, fire
and sanitary laws, ordinances and
regulations relating to such work and shall
be completed in a good and workmanlike
manner. All structures, improvement or
other facilities, when removed, and
relocated or reconstructed by the Buyer,
shall be left in as good condition as found.
b. It is understood and agreed by and
between the parties hereto that the
compensation paid to Seller in Section 2
of this Agreement includes the value of
and cost to remove, relocate,
reconstruct, and/or refurbish the
following improvements located on the
Property.
i. Sprinkler System
ii. Landscaping Shrubs
iii. One Large Tree
iv. One Medium Tree
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APPROVED as to content:
PUBLIC WORKS DEPARTMENT
By:___________________________
ZACHARY MEYER
Public Works Director
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:___________
COUNTERSIGNED:
By:_____________________________
RANDY MCKEEGAN
Finance Director
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: November 27, 2024
SUBJECT: Amendment No. 1 to Agreement No. 94-163
Amendment No. 1 to Agreement No. 94-163 (extend term to July 31, 2029) for Bakersfield Municipal Airport Long-Term Ground Lease Agreement with George B. Moss also known as G.B. Moss for Hangar Space D2. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Long – Term Ground Lease Agreement for Hangar D2, currently leased to George B. Moss also known as G.B. Moss, has completed the full term and terminated on July 31, 2024. At the end of the term, the lease agreement allowed Gary B. Moss to remove Hangar D2 at his expense.
It is desirable for Hangar D2 to remain at the airport so that it can continue to have avi ation-related use under airport ownership. This extension will allow the airport to continue to lease Hangar D2 to produce income that can be used to pay for airport expenses and maintenance.
Staff recommends one (1) additional five (5) – year extension in exchange for the addition of a reversion clause at the end of the five (5) – year extension. That would allow the hangar to become the property of the City at the end of the (5) – year lease, and the City could then rent out the hangar at the fair market rate for the remaining life of the hangar. George B. Moss benefits because he would only pay the land lease rate (which is a lower rate) for the next five (5) years and not the fair market rental rate.
FISCAL IMPACT:
As this is a lease that generates revenue, the revenue covers the cost therefore, there is no fiscal impact to the General Fund.
COUNCIL GOAL:
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
Signed Amendment No. 1 to Agreement No. 94-163
Amendment No. 3 to Agreement No. 94-163
AGREEMENT NO. 94-163 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 94-163
This AMENDMENT NO. ONE (1) TO AGREEMENT NO. 94-163 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “ LESSOR”), and GEORGE B. MOSS, also known as G.B. M OSS, an individual (referred to herein as “LESSEE”).
R E C I T A L S
WHEREAS, on August 24, 1994, LESSOR and George B. Moss entered into Agreement No. 94-163 to lease Hangar Building D2 at the Bakersfield Municipal Airport located at 2000 S. Union Avenue, Bakersfield, California (“Airport”); and
WHEREAS, LESSOR has offered LESSEE a one (1), five (5)- year extension to the Lease Term for Hangar D2; and
WHEREAS, LESSOR has requested to add a reversion clause regarding improvements as part of the Lease Agreement effective at termination of the Lease; and
WHEREAS, LESSEE has requested to have the first option to lease Hangar D2 from the LESSOR at a rate determined by the LESSOR at the end of the Term of the Lease; and
WHEREAS, LESSOR and LESSEE have agreed to extend the Term of Lease Agreement No. 94-163 for a one (1), five (5)-year extension and add a reversion clause to the Lease Agreement No. 94-163 for Hangar D2; and
WHEREAS, LESSOR and LESSEE have agreed to provide LESSEE with the first option to lease Hangar D2 at the end of the Term of the Lease.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and LESSEE mutually agree as follows:
1. Section 15 of Agreement No. 94-163 entitled “Sale or Removal of Improvements at Termination” is hereby amended to read as follows:
15. SALE OR REMOVAL OF IMPROVEMENTS AT TERMINATION . Unless otherwise agreed upon in this Lease or attachments and
Docusign Envelope ID: E45EE68E-CC6C-4E36-A74E-76C95F25BAED
Amendment No. 3 to Agreement No. 94-163
amendments thereto and at any time during this Lease or upon the termination of this Lease, or any holding over, LESSEE desires to sell all buildings, hangars and other improvements made to and/or constructed and placed on the premises during the term of this Lease the L ESSEE agrees to give LESSOR a notice in writing at least thirty (30) days before any contemplated sale, of the substance of the terms on which said sale is proposed, and LESSOR shall have the right of first refusal of purchasing same for the same price and upon the same terms and conditions for which the L ESSEE would be willing to sell to any other person or entity who has made a written bona fide good faith offer to purchase. Said notice shall be mailed to LESSOR by registered mail, return receipt requested. LESSOR shall have thirty (30) days thereafter in which to exercise its option to purchase the above described property pursuant to the terms and conditions of the contemplated sale set forth in LESSEE’s notice. If LESSOR does not purchase the above described property as aforesaid, L ESSEE shall (1) have the right, only for the next sixty (60) days, to sell said property to the person or entity who made said offer to purchase, or (2) if the desired sale is during the term of this Lease, LESSEE may continue with the Lease under its then existing terms and conditions. At the end of the term of this Lease, or any extension, all improvements shall become the property of LESSOR. LESSEE in compliance with Section 2 4 –
Assignment/Subletting will have the first option to lease the hangar from the LESSOR at a term and rate determined by the LESSOR. If LESSEE choose s not to rent the property from the LESSOR then LESSEE shall vacate the property, leave the Premises broom clean and in good condition excepting normal wear.
LESSEE shall, at the option of LESSOR, remove all improvements at the end of the term if notified in writing by LESSOR to do so at least thirty (30) days before the end of the term.
2. Section 3 of Agreement No. 94-163 entitled “ Options to Extend ”, is hereby amended to read as follows:
3. OPTIONS TO EXTEND . Provided LESSEE is not in default in any of the terms, covenants and conditions of this Lease, and provided LESSOR desires to continue the use of the airport, LESSOR does hereby grant to LESSEE three (3) options to renew and extend this Lease. The options shall be for three (3) five (5) year periods for a total of fifteen (15) years. After exercising all options to extend, Docusign Envelope ID: E45EE68E-CC6C-4E36-A74E-76C95F25BAED
Amendment No. 3 to Agreement No. 94-163
the Lease shall expire on July 31, 2029 . LESSEE shall exercise said options by giving LESSOR written notice of its intention do so not less than sixty (60) days, but not more than ninety (90) days, prior to the expiration of the term of this lease. All terms, covenants and conditions of this Lease, excepting the rental consideration, shall remain in full force and effect during any extension hereof.
Should LESSOR decide to stop using the premises as an airport, no extension shall be granted.
3. Except as amended herein, all provisions of Agreement No. 94-163 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 94-163 to be executed the day and year first above written.
“LESSOR” “LESSEE”
CITY OF BAKERSFIELD GEORGE B. MOSS,
also known as G.B. MOSS
By:____________________________ By:_________________________________
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZAC MEYER
Public Works Director
[Additional Signatures on Following Page]
Docusign Envelope ID: E45EE68E-CC6C-4E36-A74E-76C95F25BAED
Amendment No. 3 to Agreement No. 94-163
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
JHR/em
S:\Airport 2\George B Moss extend with reversion amend 1 to 94-163.doc Docusign Envelope ID: E45EE68E-CC6C-4E36-A74E-76C95F25BAED
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: December 6, 2024
SUBJECT: Amendment No. 1 to Agreement No. 2023-294 with The Open Door Network
(increase compensation by $306,760 and extend term to December 13, 2025) to continue recycling and sorting materials at the Mt. Vernon Organics Recycling & Composting Facility.
RECOMMENDATION:
Staff recommends approval of this amendment.
BACKGROUND:
Organic materials from the City's curbside and commercial green bin organic waste programs are collected and taken to the Mount Vernon Organics Recycling Facility (Facility) located at 2601 Mount Vernon Avenue. Commingled organic waste is processed by sepa rating nonorganic materials from the inbound collection program. A sorting crew is used at the Facility to fulfill the manual sorting component of the process. In October 2023, the City issued a request for proposals and received two responses. After review, The Open Door Network was selected based on experience and providing the most reasonable fee rates.
On December 13, 2023, Council approved Agreement No. 2023-294 with The Open Door Network, not to exceed $300,000, for a one -year term with the option f or (4) one -year extensions upon satisfactory service delivery.
Amendment No. 1 proposes to extend the term to December 13, 2025, with the option for (3) one -year extensions and to increase the compensation by $305,760 not to exceed $605,760 to continue recycling and sorting materials at the Mt. Vernon Organics Recycling & Composting Facility.
FISCAL IMPACT:
Payments to The Open Door Network will come from the Solid Waste Operations Budget, which is funded by the Refuse Enterprise. There is no impact to the General Fund associated with agreement. In addition, approximately 60 percent of the cost will be reimbursed by Kern County per t he City and County Green waste cost sharing agreement.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
Open Door Network 2023-294 (1)
-- Page 1 of 3 Pages --
AGREEMENT NO. 2023-194 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2023-194
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023-194 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and THE OPEN DOOR NETWORK , a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on October 10, 2023, CITY posted a Request for Proposals (RFP) for recycling and sorting materials at CITY’s Mount Vernon Green Waste Facility; and
WHEREAS, CONTRACTOR submitted a response to the RFP representing CONTRACTOR is experienced, well qualified and a specialist in the field of providing a manual labor force to sort through materials and remove litter and contamination; and
WHEREAS, on December 13, 2023 , CITY and CONTRACTOR entered into Agreement No. 2023-194 not to exceed Three Hundred Thousand Dollars ($300,00) for a one-year term with the option for four (4) on e-year extensions for recycling and sorting services at the CITY’s Mount Vernon Green Waste Facility; and
WHEREAS, CITY and CONTRACTOR desire to amend Agreement No. 2023- 194 to increase compensation by Three Hundred Five Thousand Seven Hundred Sixty Dollars ($305,760) for a total compensation amount not to exceed Six Hundred Five Thousand Seven Hundred Sixty Dollars ($605,760) and to extend the term of the Agreeme nt to December 13, 2025 to continue recycling and sorting services at the CITY’s Mount Vernon Green Waste Facility; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2023-194 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Compensation for all works, services, or products called for under this Agreement shall consist of a total payment not to exceed SIX HUNDRED FIVE Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B -- Page 2 of 3 Pages --
THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($605,760) which shall be paid as shown in Exhibit A attached hereto and incorporated reference herein.
2. Section 3 of Agreement No. 2023-194 entitled “ TERM” is hereby amended to read as follows:
3. TERM Unless terminated sooner as set forth herein, this Agreemen t shall terminate on December 13, 2025 and shall be renewable annually thereafter for three (3) consecutive one-year extensions.
3. Except as amended herein, all provisions of Agreement No. 2023-194 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2023-194 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD THE OPEN DOOR NETWORK
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZACHARY MEYER
Public Works Director
[Additional Signatures on Following Page]
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B CEO
LAUREN SKIDMORE ,
-- Page 3 of 3 Pages --
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: ____________
COUNTERSIGNED:
By: ____________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A
S:\Public Works\Agrs\24-25\TheOpenDoorNetwork2023-194(1).docx
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Recycling and Organics Facility Sorting Line – 2025 Rates Recycling and Organics Facility Rates – Page 1
Regular Fee Schedule:
Hourly Rate Per Crew Member – Straight Time: $29.40.
Hourly Rate Per Crew Member – Overtime: $44.10.
Number of Crews: One (1).
Number of Crew Members: Five (5)
Equipment/PPE: Included in hourly rates.
Transportation: Included in hourly rates.
Administration: Included in hourly rates.
Scope of work for fee schedule: The Open Door Network (TODN) will provide a material sorting crew that will provide staffing for up to five (5) crew members and is available for work up to forty (40) hours per week between the hours of 5 a.m. and 4 p.m. Monday through Sunday (excluding holidays when the facility is closed) to sort materials such as metals, glass, wood, paper or plastics, organics materials, and general debris into appropriate containers for recycling or processing. The crew will complete other manual labor duties, such as cleaning, sweeping, and raking debris away from the equipment or from the facility locations, and other manual labor duties as assigned at the City of Bakersfield's Recycling and Organics Facility located at 2601 South Mount Vernon Ave, under the direction of the Facility Supervisor.
TODN will provide personal protective equipment for all crew members, and all crew members will follow all safety and environmental regulations. TODN will perform weekly or bi-weekly safety meetings with the crew members and provide a copy of these safety meetings to the City to file. All crews will abide by the City's rules regarding safety, health, and general code of conduct.
If a crew member fails to comply with these standards, TODN will remove the crew member at the request of the Facility Supervisor.
The crew will manually sort through materials for contamination, place collected items in appropriately segregated areas, and perform light labor duties, including end-of-shift clean-up. Crew members will follow the instructions of the Facility Supervisor or Lead, who is knowledgeable about common household hazardous waste and its proper disposal. Crews will be punctual and have dependable attendance. The crew will perform other duties as assigned and as necessary, consistent with the facility's mission.
EXHIBIT A
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Recycling and Organics Facility Sorting Line – 2025 Rates Recycling and Organics Facility Rates – Page 2
Crew members can endure long periods of standing, walking, bending, kneeling, carrying, climbing, pushing with arms and legs, lifting 50 pounds, reaching above the shoulder, and balancing. The crew will work in all weather conditions in an outdoor environment exposed to heavy equipment and large truck noises, fumes, and constant vibrations.
Fee Schedule: Five (5) Crew Members:
Hourly Rate Per
Team
Daily Rate Per
Team
Weekly Rate Per
Team
Monthly Rate Per
Team
Annual Do Not
Exceed
Daily Clean Up
Team $147 $1,176 $5,880 $25,480 $305,760
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:
FAXPHONE (A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$
PERSONAL & ADV INJURY$
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE$If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/7/2024
License # 0D44424
(661) 316-5195 (661) 281-4992
18058
The Open Door Network
1921 19th St.
Bakersfield, CA 93301
A 1,000,000
PHPK2573552002 7/1/2024 7/1/2025 100,000
5,000
1,000,000
3,000,000
3,000,000
1,000,000A
PHPK2573552002 7/1/2024 7/1/2025
5,000,000A
PHUB871349002 7/1/2024 7/1/2025 5,000,000
10,000
RE: ESG Grants.
The City of Bakersfield, its mayor, council, officers, agents, employees and volunteers are an additional insured and waiver of subrogation applies to the general liability policy if required or agreed to in a written contract, subject to all provisions and limitations of the policy. The general liability overage is primary and non contributory.
City of Bakersfield
Community Development Dept
1600 Truxtun Ave
Bakersfield, CA 93301
THEOPEN01C TRAMIREZ
INSURICA8500 Stockdale Highway, Suite 200Bakersfield, CA 93311 Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
X
X
X
X
X
X
X
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B :
Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B Docusign Envelope ID: 697E22CA-17F5-4AFC-9C57-8B18E52F860B
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: December 5, 2024
SUBJECT: Amendment No. 1 to Agreement No. 2024-103 with A and B Trucking Services, Inc.
(increasing compensation by $500,000; revised not to exceed $2,655,000) to continue transportation services for the City of Bakersfield, Public Works Department, Streets Division.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On April 24, 02024, the City Council approved Agreement No. 2024-103 to provide transportation services for the City of Bakersfield, Public Works Department, Street s Division with A & B Trucking Services , Inc., in the amount of $2,155,000; renewable annually thereafter for four consecutive one-year periods.
This contract is utilized by the Streets Division for transportation, hauling paving materials and to move large volumes of earth, rock, and other materials. Since late April, staff performed an excessive amount of street maintenance work to close out the last fiscal year, and to perform additional work the current fiscal year to expend ARPA dollars by the end of the calendar year. This extra work utilized the contract more frequently and the compensation was spent down more quickly. Additional compensation is now needed to for staff to continue street maintenance work through the end of the current agreement term.
Amendment No. 1 will increase compensation by $ 500,000 for a revised not to exceed amount of $2,655,000 to allow continued transportation services to the term date of April 24, 2025.
FISCAL IMPACT:
The funding for the agreement will be from varying funding sources including Street’s General Fund Operating account, ARPA, Capital Outlay, Gas Tax and PSVS funds. All of which has been budgeted in the respective budgets for Fiscal Year 2024-25.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Signed Amendment No. 1 to Agreement No. 2024-103
Exhibit “B”
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: December 9, 2024
SUBJECT: Amendment No. 2 to Agreement No. 2023-013 with MJS Solutions LLC
Amendment No. 2 to Agreement No. 2023-013 with MJS Solutions LLC (no additional compensation and extending the term one year), to provide on-call janitorial services for various City of Bakersfield facilities.
RECOMMENDATION:
City staff recommends approval of the amendment.
BACKGROUND:
On January 11, 2023, the City of Bakersfield entered into an agreement with MJS Solutions LLC to provide on-call janitorial services for various City of Bakersfield facilities. MJS Solutions LLC was selected based on a Qualification Based Score (QBS) after responding to the City's Request for Qualifications (RFQ). On -call contractors assist staff to keep up with the janitorial service requirements associated with short-term and long-term facility needs to avoid adversely affecting operations.
On December 13, 2023, City Council approved Amendment No. 1 to Agreement No. 2023 -013 extending the term of the agreement by one year expiring on January 11, 2025.
Amendment No. 2 to Agreement No. 2023-013 will extend the term of the agreement by one year to allow continued on-call janitorial services for various City of Bakersfield facilities to the term date of January 11, 2026.
MJS Solutions LLC has provided satisfactory on-call janitorial services as requested by the City. The City recommends extending the term of the agreement for an additional year with no change to the existing compensation ($300,000).
FISCAL IMPACT:
Funding for this agreement will be paid through individual project budgets with varying funding sources and has been budgeted in the Fiscal Year 2024-25 and subsequent budget years.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Signed Amendment No. 2 to Agreement No. 2023-013
S:\CONTRACT AGREEMENTS\MJS Solutions Amendment No. 2 to 2023-013 AZ.doc
-- Page 1 of 2 Pages --
AGREEMENT NO. 2023-013 (2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 2023-013
This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-013 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and MJS SOLUTIONS LLC a limited liability company authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, On January 11, 2023 CITY and CONTRACTOR entered into Agreement No. 2023-013, wherein CONTRACTOR would provide on-call janitorial services for various locations for the City of Bakersfield; and
WHEREAS, the parties desire to amend Agreement No. 2023-013 to extend the term of Agreement No. 2023-013 to January 11, 2026 and may renew for one additional year.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 3 of Agreement No. 2023-013 entitled “ TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner or renewed, as set forth herein, this Agreement shall terminate on January 11, 202 6. This Agreement may be renewed for one additional year unless either party terminates this Agreement as set forth below.
2. Except as amended herein, all provisions of Agreement No. 2023- 013 shall remain in full force and effect.
-- o0o –
Docusign Envelope ID: C7E79C68-647D-4636-A72B-F3F9A103440F S:\CONTRACT AGREEMENTS\MJS Solutions Amendment No. 2 to 2023-013 AZ.doc -- Page 2 of 2 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-013 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD MJS SOLUTIONS LLC
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZAC MEYER
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Stephanie Hill
CFO
Docusign Envelope ID: C7E79C68-647D-4636-A72B-F3F9A103440F
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: December 18, 2024
SUBJECT: Amendment No. 7 to Agreement No. 19-070 with AECOM Technical Services, Inc. (increasing compensation by $127,376.57; not to exceed $25,579,021.98) for additional construction management services for the Centennial Corridor Mainline Project.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Mainline Project extend s State Route 58 (SR -58) from the current terminus as a freeway at State Route 99 (SR-99) to the Westside Parkway. At the SR-58/SR-99 interchange, the Project adds a collector- distributor on the northbound SR -99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR -58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR-58/Cottonwood Road interchange). This Project was awarded in July of 2019 and has an estimated completion date of winter 2024.
On August 31, 2022, City Council approved Amendment No. 1 extending the term for services and added $3,729,925 to Agreement No. 19-070.
On May 24, 2023, City Council approved Amendment No. 2 extending the term for services and added $2,211,378 to Agreement No. 19-070.
On October 11, 2023, City Council approved Amendment No. 3 extending the term for services and added $287,065 to Agreement No. 19-070.
On February 14, 2024, City Council approved Amendment No. 4 extending the term for services and added $499,814 to Agreement No. 19-070.
On June 12, 2024, City Council approved Amendment No. 5 adding $253,609 to Agreement No. 19-070.
On October 23, 2024, City Council approved Amendment No. 6 adding $120,000 to Agreement No. 19 - 070.
The amendment for additional Construction Management (CM) services in cludes construction inspections, contract administration, and project closeout. Amendment No. 7 to Agreement No. 19-070 adds $127,376.57 to the Mainline Project CM agreement.
FISCAL IMPACT:
The project is funded with 26% Federal INFRA Grant, 24% SAFETEA-LU Federal funds, 34% State STIP funds, and 16% Local Funds. Local funds will be comprised of Utility Surcharge funds, Traffic Development funds, and Gas Tax funds. There is no General Fund impact associated with this amendment.”
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Amendment No. 7 to Agreement 19-070
____________________________________________________________________________
MANAGER AGREEMENT
Revised – February 24, 2022 Page 1 of 4 Pages
AGREEMENT NO._________________
AMENDMENT NO. 7 TO
AGREEMENT NO. 19-070
This AMENDMENT NO. 7 TO AGREEMENT NO. 19-070 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation (“CITY”), and AECOM Technical Services, Inc., a California Corporation (“MANAGER”).
R E C I T A L S
WHEREAS, on May 8, 2019, CITY and MANAGER entered into Agreement No. 19-070 ("AGREEMENT" herein), wherein MANAGER would provide Construction Management Services ("CM Services" herein) for the Centennial Corridor Mainline Project (Centennial Corridor) (the “PROJECT”) for an amount not to exceed $18,349,852.40; and
WHEREAS, on August 31, 2022, CITY and MANAGER entered into Amendment No. 1 to this Agreement for additional CM Services for extending the project completion to June of 2023 for an additional amount not to exceed $3,729,925.20; and
WHEREAS, on May 24, 2023, CITY and MANAGER entered into Amendment No. 2 to this Agreement for additional CM Services for extending the project completion to August of 2023 for an additional amount not to exceed $2,211,378.06; and
WHEREAS, on October 11, 2023, CITY and MANAGER entered into Amendment No. 3 to this Agreement for additional CM Services for extending the project completion to December of 2023 for an additional amount not to exceed $287,065.56; and
WHEREAS, on February 14, 2024, CITY and MANAGER entered into Amendment No. 4 to this Agreement for additional CM Services for extending the project completion to July of 2024 for an additional amount not to exceed $499,814.41; and
WHEREAS, on June 12, 2024, CITY and MANAGER entered into Amendment No. 5 to this Agreement fo r additional CM Services for an additional amount not to exceed $253,609.78; and
____________________________________________________________________________
MANAGER AGREEMENT
Revised – February 24, 2022 Page 2 of 4 Pages
WHEREAS, on October 23, 2024, CITY and MANAGER entered into Amendment No. 6 to this Agreement fo r additional CM Services for an additional amount not to exceed $120,000.00; and
WHEREAS, the PROJECT is now estimated to be substantially complete by January of 2025 with post construction/pro ject closeout activities continuing through mid-2025; and
WHEREAS, CITY and MANAGER now desire to enter into Amendment No. 7 to Agreement No. 19-070, to address additional CM Services for the construction of the PROJECT and to increase compensation by an amount not to exceed $127,376.57 for a total compensation of $25,579,021.98.
NOW, THEREFORE , incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows:
1. Sections 2, 2.1, and 2.2 of AGREEMENT entitled "ALLOWABLE COSTS AND PAYMENT PROCEDURE" is hereby amended to read as follows:
2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse M ANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER’S Cost Proposal as provided in Exhibits C, C-1, C-2, C-3, C-4, and C-5, incorporated herein by reference, unless additional reimbursement is provided for by amendment of the Agreement. In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the original Cost Proposal, Exhibit C . In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work.
Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $24,414,734.01.
2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $1,164,287.97. The fixed fee is
____________________________________________________________________________
MANAGER AGREEMENT
Revised – February 24, 2022 Page 4 of 4 Pages
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:
COUNTERSIGNED:
B y :
RANDY MCKEEGAN
Finance Director
S:\1 - TRIP PROJECTS\04f - Mainline and Ramps\550 - Construction\550B - Contract Amendments\AECOM\Amendment 6\Amendment 6 to 19-070.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: December 18, 2024
SUBJECT: Amendment No. 1 to Agreement No. 2024-249 with Accenture Infrastructure & Capital Projects (Accenture I&CP) formerly Anser Advisory Management, LLC (Anser) for the 7th Movement Project for the integration of the two companies (Wards 1 & 2)
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
The Centennial Corridor EB58 to NB99 Loop Connector Project, also known as the 7th Movement Project, consists in general, of a new freeway connector ramp from eastbound State Route (SR) 58 freeway to northbound State Route 99. At the SR58/SR99 Interchange, construct a new connector starting west of State Route 99, on the south side of 58 with a bridge widening over Route 99, a new bridge spanning over Wible Road, and connecting to northbound State Route 99.
Anser was hired by the City on September 25, 2024 to perform the construction management services for the 7th Movement Project for a cost of $3,491,58 9.00. On December 12, 2024, City was given the notice that Accenture I&CP had acquired and integrated with Anser and that they would begin operating under the Accenture brand.
This amendment only incorporates the company name change. There are no changes to the compensation and federal tax identification number.
FISCAL IMPACT:
There is no General Fund impact associated with this change order.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Amendment 1 to Agreement 2024-249
-- Page 1 of 3 --
AGREEMENT NO. ____________________
AMENDMENT NO. 1 TO
AGREEMENT NO. 2024-249
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2024-249 is made and entered into on ______________________, by and between the CITY OF BAKERSFIELD , a chartered City and municipal corporation (referred to herein as “CITY”), and Accenture Infrastructure & Capital Projects (I&CP), LLC (Accenture) , formerly known as Anser Advisory Management, LLC, (referred to herein as “MANAGER”).
R E C I T A L S
WHEREAS, CITY and MANAGER entered into Agreement No. 2024-249 on September 25, 2024, wherein MANAG ER would provide Construction Management Services ("CM Services" herein) for the Centennial Corridor EB58 to NB99 Loop Connector (the “PROJECT”) for an amount not to exceed $3,491,589.00; and
WHEREAS, Accenture acquired and integrated with Anser Advisory Management, LLC, resulting in the chan ge to certain corporate naming and branding; and
WHEREAS, Accenture desires to accept, undertake and perform all of Anser Advisory Management, LLC’s obligations and responsibilities as MANAGER under Agreement No. 2024-249 and City consents and agrees to such assignment/transfer; and
WHEREAS, notwithstanding Section 39.4 of Agreement No. 2024-249, CITY and Accenture hereby agree to amend the Agreement to reflect the assignment of all rights and obligations of MANAGER from Anser Advisory Management, LLC to Accenture Infrastructure & Capital Projects (I&CP), LLC.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows:
1. Section 8 of Agreement No. 2024-249 entitled “CONTRACT ADMINISTRATOR” is amended as to the MANAGER’s Construction Manager, to read as follows:
Jon Porterfield
Accenture Infrastructure and Capital Projects, LLC
5701 Truxtun Ave., Suite 216
Bakersfield, CA 93309
Telephone: (530} 908-8837
2. Section 39.3 of Agreement No. 2024-249 entitled "Notices" is amended as to the address for MANAGER, to read as follows:
MANAGER: Accenture Infrastructure and Capital Projects, LLC 5701 Truxtun Ave., Suite 216
Bakersfield, CA 93309
3. Except as amended herein, all provisions of Agreement No. 2024-249 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-249 to be executed the day and year first above written.
"CITY"
CITY OF BAKERSFIELD
By: _________ _
KAREN GOH, Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By: __________ _
ZACHARY MEYER
Public Works Director
"MANAGER"
Accenture Infrastructure and Capital
Projects, LLC
By:�
�;ive VP
(Signatures Next Page)
- Page 2 of 3 --
-- Page 3 of 3 --
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: __________
COUNTERSIGNED:
B y :
RANDY MCKEEGAN
Finance Director
ADMINISTRATIVE REPORT
MEETING DATE: 1/8/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: 12/12/2024
SUBJECT: Contract Change Order Nos. 91, 97, 104, 124, 154, and 161 to Agreement No. 19-069 Contract Change Orders with Security Paving Company (increasing compensation by $21,870.83; revised not to exceed $151,852,659.29) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3)
RECOMMENDATION:
Staff recommends approval of the change orders.
BACKGROUND:
The Centennial Corridor Mainline Project (Project) proposes to extend State Route 58 (SR -58) from the current terminus as a freeway at State Route 99 (SR -99) to the Westside Parkway. At the SR -58/SR-99 interchange, the Project adds a collector -distributor on the northbound SR -99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR -58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR -58/Cottonwood Road interchange). This Project was awarded in July of 2019 and has an estimated completion date of summer 2024.
Change Order No. 91 provides compensation to th e contractor to modify the temporary striping on the northbound 99 lanes. An adjacent Caltrans project to the north had the freeway reduced to 3 lanes. This change order accommodates for the 3 lanes instead of 4 called out per plans. This change order results in an estimated increase of $15,000.00.
Change Order No. 97 decreases compensation to the contractor for an adjustment of the shoulder structural section and cross -slope at Retaining Wall 569. The shoulder section on top of the footing for this wall could not be constructed as shown on the plans, given that the top of the footing ended up being into the shoulder structural section. The height of drain inlet also increased by 0.2 feet for this change.
This change order results in an estimated decrease of $270.15.
Change Order No. 104 provides compensation to the contractor for incurred costs for different site conditions. An existing streetlight at the intersection of Ford and Morrison was in the way of Drainage System No. 14. The light had to be removed and reinstalled. In addition, the overhead wires feeding this light were removed by PG&E, which in turn resulted in having the contractor look for other means of powering this light. Lastly, the plans show a point of connection for the soffit lighting at Ford and Dunlap Street, but this service turned out to belong to a telecommunication company. The contractor installed additional wiring not shown on the plans to connect to this point before it was discovered that the service did not belong to the City. This change order results in an estimated increase of $10,000.00.
Change Order No. 124 decreases compensation to the contractor as a result of eliminating the pedestrian bridge item from the scope of work. In the interest of closing this project out, this work has been removed but will be completed under a separate contract . This change order results in a net decrease of $76,859.02.
Change Order No. 154 provides compensation to the contractor for the installation of traffic stripe on the (1) N99 to E58 connector, (2) S99 to E58 connector, and (3) E58 alignment. The project final striping plans showed the connector t ying two lanes of traffic into two existing lanes of traffic , however, the existing conditions had only one lane of traffic to tie to. Previous projects reduced the number of lanes to one and did not put back the two lanes. Caltrans has requested that the two lanes of traffic on the connector be restored and that a fourth lane on Hwy 58 be striped passed Chester Avenue. This change order results in an increase of $64,000.00.
Contract Change Order No. 161 provides compensation to the contractor for the removal of buried manmade objects encountered during excavation activities throughout the project. The original funds allocated for the removal of manmade objects under Change Orders No s. 2 ,75 , and 93 have been depleted. This change order results in an increase of $10,000.00.
The Contractor has refused to sign these change orders alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of these change orders using the engineer's calculated quantities and without the Contractor's signature. If th e Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.
FISCAL IMPACT:
The sum of all change orders to date on this project reflects a total cost increase of $4,839,003.04 which results in a 3.29% increase of the original contract amount as illustrated below:
Original Contract Amount = $147,013,656.25
Previous Change Orders = $4,817,132.21
Current Change Orders = $21,870.83
Amended Contract Agreement after CCOs = $151,852,659.29 Net Increase to date = $4,839,003.04
There is no General Fund impact associated with this change order.
Funding for these change orders is available in project TRCC21 Centennial Corridor Phase 4 Mainline.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Contract Change Order No. 91 to Agreement No. 19-069
2. Contract Change Order No. 97 to Agreement No. 19-069
3. Contract Change Order No. 104 to Agreement No. 19-069
4. Contract Change Order No. 124 to Agreement No. 19-069
5. Contract Change Order No. 154 to Agreement No. 19-069
6. Contract Change Order No. 161 to Agreement No. 19-069
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 2
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 4/24/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 4/24/2024 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $15,000.00
335-4021-825.80-41 TRCC21 DECREASE
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NONE NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 91
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work", from Station 701+73 to Station 703+60, "SR99" alignment, and as shown on sheet two of this change order, remove the existing Detail 38A striping, delete the existing detail 12A striping, and install the striping as shown on the attached plan sheet.
EXTRA WORK AT FORCE ACCOUNT:
Provide all labor, equipment, materials, tools and incidentals to peform traffic control as necessary to remove and replace the striping described above.
Extra Work at Force Account = $15,000.00
TIME ADJUSTMENT:
NO ADJUSTMENT
UNILATERAL
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1 2
3 Ker06
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
REGISTERED CIVIL ENGINEER
CIVIL
99 58
22.3/23.9
R52.2/R52.5
D
A
L
E
W
IL
S
O
N
MATTHEW BRASH
PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET
PARSONS
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
2:41:57 PM
8/9/2018
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
04-10-18
USERNAME => p004737C
DGN FILE => 0600000001na008.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0618000213BORDER LAST REVISED 7/2/2010 BRASH
MATTHEW
C78433
09/30/19
685
05/04/18
05/04/18FOR ACCURATE RIGHT OF WAY DATA, CONTACT
RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE.
NOTE:
M
A
T
C
H
L
IN
E
(P
D
-
1 )
KEVIN CIUCKI
SCALE: 1" = 50'
PAVEMENT DELINEATION PLAN
PD-8
"SR99" LINE
NB ROUTE 99
"CN1" LINE
"CN6" LINE S99 TO E58 Conn
nnoC 99N OT 85W
OAKDALE Dr
OAK ST
SB ROUTE 99
285
CLOSED LANE
REMOVE EXISTING
STRIPING
ELIMINATE JOG,
STRIPE STRAIGHT
THROUGH, LANES
1, 2, & 3
91 2 2
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 3
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 4/23/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 4/23/2024 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $0.00
335-4021-825.80-41 TRCC21 DECREASE ($270.15)
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NONE NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 97
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work", costruct the structural section for the shoulder on the "SR58" alignment, Lt Outisde, from Station 571+35 to Station 572+16.35 as shown on sheet 2 of this change order and as follows:
a) Omit the 0.50' Cl 2 AB section (-9 CY)
b) Increase the 0.25' HMA (Type A) section to 0.28' (+0.04 TON) In addition, increase the height of the drain inlet for Drainage System No. 36, unit "a" to 9.3' and construct it as shown onsheet 3 of this change order. c) Increase in concrete quantity: 0.357CY/FT X 0.2 FT= 0.00714 CY DECREASE IN CONTRACT ITEM AT CONTRACT ITEM PRICE:
Item No. A56, Class 2 Aggregate Base, -9 CY (-0.026%) @ $35.80/CY = $-322.20 (-0.026%) TOTAL = $-322.20
INCREASE IN CONTRACT ITEM AT CONTRACT ITEM PRICE:
Item No. A57, Hot Mix Asphalt (Type A), +0.04 TON (+0.0001%) @ $95.75/TON = $38.30 (0.0001%) Item No. A99(F), Strutural Concrete, Drainage Inlet, +0.00714 CY (+0.0013%) @ $1,925.00/CY = $13.75 (+0.0013%) TOTAL = $52.05
The revised final quantity for Bid Item No. A99(F), Structural Concrete, Drainage Inlet, will be 540.00714 CY. You accept this quantity as the final payment for the quantity shown on the Bid Item List, as modified by this change order and by previous change orders, including dimensions changed by the engineer.
TIME ADJUSTMENT:
NO ADJUSTMENT
UNILATERAL
Ker06
Exc
Emb
STATION
CY
TOTAL
PS-
SUPERELEVATION DIAGRAM
PROFILE AND
Vert 1" = 5'
Horiz 1" = 50'SCALE:
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET
PARSONS
MATTHEW BRASH
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:05:09 PM
1/4/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
03-09-18
USERNAME => p004681A
DGN FILE => 0600000001fb007_R1.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0600000484BORDER LAST REVISED 7/2/2010 99 58
22.7/23.8
R50.5/R55.5
MARIA WILSON
MATTHEW BRASH
WILSON
MARIA B.
C89012
09/30/20
CIVIL
REGISTERED CIVIL ENGINEER
1464
10/10/18
10/10/18
+83.00 EVC
Elev 408.82
+77.00 BVC
Elev 403.00
+27.00
Elev 392.49
-3.00%
700.00' VC
SD=861.45'
17.1'
"REA" LINE
+03.31 BB
+35.07 EB
Br. No. 50-0532
SOUTH REAL Rd UC
AXIS OF ROTATION ("SR58" LINE)
+07.27
+07.27
+32.27
+00.00
Rt INSIDE & OUTSIDE ES
6% Rt ETW,
Lt INSIDE & OUTSIDE ES
-6% Lt ETW,
567+57.27 EC
-2% Lt ETW & Lt INSIDE ES
-5% Lt OUTSIDE ES
+57.27
-5% Lt & Rt OUTSIDE ES
-2% Lt & Rt ETW, Lt & Rt INSIDE ES
R=2100' Lt
+70.00
+70.00
+69.90
Beg EP
+39.56
END EP
+07.27
+35.00
+85.00
+67.00
+17.00
XXXXX
XXXX
5%
0%
-5% -5%
0%
5%
PROFILE
420
410
400
390
380
370
420
410
400
390
380
370
SUPERELEVATION DIAGRAM
PROFILE AND
Vert 1" = 5'
Horiz 1" = 50'SCALE:
PS-7
"SR58" LINE
MATCH LINE "SR58" (PS-6)
MATCH LINE "SR58" (PS-8)
MATCH LINE "SR58" (PS-6)
MATCH LINE "SR58" (PS-8)
-10%
10% 10%
-10%
6 1 6
ROUTE 58
2 7 2
430
440
430
440
OG
PG
SUPERELEVATION DIAGRAM
"SR58" LINE
ROUTE 58
3 8 3
450 450
4 565 9 570 4 575
360
350
360
350
XXXXXX
X
42 1
1 RS
01/4/23
97 2 3
Ker06
Exc
Emb
STATION
CY
TOTAL
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET
PARSONS
MATTHEW BRASH
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:18:15 PM
1/4/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
03-09-18
USERNAME => p004681A
DGN FILE => 0600000001ib017_R1.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0600000484BORDER LAST REVISED 7/2/2010 99 58
22.7/23.8
R50.5/R55.5
6/30/20
CIVIL
PATSCHULL
BRIAN D.
69431
REGISTERED CIVIL ENGINEER
1464
10/10/18
10/10/18
385.22
FL Elev
385.22
FL Elev
35 d
35 c
S= 5.00%
a
d f j
h
TG 392.24
G2 DI, H=6.0'
GRATE TYPE 24-12
64.00' Lt "SR58" 576+00.00
24" X 57.1' RCP b e
g
c
i
TG 397.36
G2 DI, H=9.3'
GRATE TYPE 24-12
61.20' Lt "SR58" 572+40.00
OG
OG
FG
FG
FG
24" X 297.1' RCP
24" X 77.1' RCP
24" X 23.7' RCP
24" X 25.4' RCP
386.23
FL Elev
386.24
FL Elev
386.52
FL Elev
S= 0.34% S= 0.34% S=0.34% S=0.34%
386.51
FL Elev388.08
FL Elev
386.60
FL Elev
386.61
FL Elev 386.69
FL Elev
TG 392.26
SEE DD-7
GD-1 DI, H=5.7'
GRATE TYPE 24-12 (2)
"SR58" 577+06.62
64.00' Lt
TG 392.28
SEE DD-7
GD-1 DI, H=5.8'
GRATE TYPE 24-12 (2)
64.00' Lt "SR58" 576+80.00
TG 392.28
SEE DD-7
GD-1 DI, H=5.6'
GRATE TYPE 24-12 (2)
"SR58" 577+35.00
64.00' Lt
RCP
Exist 24"
Br No. 50-0533F
Exist W58-S99 Conn
384.86
FL Elev
35 e
35 f
385.93
FL Elev
385.95
FL Elev
24" X 215.1' RCP 24" X 159.0' RCP
a
24" X 21.1' RCP 24" X 28.0' RCP
c
ge
f
b
h
TG 392.82
G2 DI, H=6.9'
GRATE TYPE 24-12
63.62' Rt "SR58" 575+18.07
d
FG
OG
S=0.50%S=0.50%S= 0.50%S= 0.50%
OG
FG
384.65
FL Elev
386.74
FL Elev
386.76
FL Elev 386.88
FL Elev
386.86
FL Elev
387.02
FL Elev
TG 391.96
SEE DD-7
GD-1 DI, H=5.1'
GRATE TYPE 24-12 (2)
"SR58" 577+04.09
64.00' Rt
TG 392.23
SEE DD-7
GD-1 DI, H=5.5'
GRATE TYPE 24-12 (2)
64.00' Rt "SR58" 576+80.00 TG 392.05
SEE DD-7
GD-1 DI, H=5.0'
GRATE TYPE 24-12 (2)
"SR58" 577+35.00
64.00' Rt
Br No. 50-0533F
Exist W58-S99 Conn
DRAINAGE PROFILE
Vert 1" = 10'
Horiz 1" = 20'SCALE:
DP-17
420
410
400
390
380
370
420
410
400
390
380
370
DRAINAGE SYSTEM No. 36
DRAINAGE SYSTEM No. 37
410
400
390
380
370
410
400
390
380
370
NELLY LO
BRIAN PATSCHULL
NOTES:
2. 1.
CONSTRUCTION.
FACILITIES SHOULD BE VERIFIED BEFORE
LOCATION AND ELEVATION OF EXISTING
LOCATIONS.
FOR TOP OF GRADE STATION AND OFFSET
SEE DD-1 OR REFERENCED DETAIL SHEET
AND METHOD OF BACKFILL SELECTION.
COVER OVER PIPE FOR CLASS OF RCP
SEE DRAINAGE QUANTITIES FOR MAXIMUM3.
282
1 RS
01/4/23
1 97
3 3
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 5/10/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 5/10/2024
127-4021-825.80-41 TRCC21 INCREASE $10,000.00
335-4021-825.80-41 TRCC21 DECREASE $0.00
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NO ADJUSTMENT NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 104
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work" perform the following work:
a) Remove and reinstall the street light located at about Station 21+80, rt, while drainage system 14 is installed in the area. b) Locate existing power sources at Morrison St and at Dunlap St.
EXTRA WORK AT FORCE ACCOUNT:
For any costs incured related to removing and reinstalling the street light and locating the power sources, the Contractor will submit invoices and extra work tickets in accordance with Section 9-1.04C of the Standard Specifications.
Extra Work at Force Account = $10,000.00
TIME ADJUSTMENT:
NO ADJUSTMENT
UNILATERAL
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 3
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 3/13/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 3/13/2024 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE
335-4021-825.80-41 TRCC21 DECREASE ($76,859.02)
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NO ADJUSTMENT NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 124
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
In accordance with section 4-1.05, "Changes and Extra Work", of the Standard Specifications, provide labor, equipment and materials as necessary to perform the works listed below. All work shall be done in accordance with the attached revised plans, Special Provisions, Standard Plans andSpecifications and as directed by the Engineer.
Elminate Contract Item at Contract Item Price:
Delete pedestrian bridge alignment "BIK1" From Sta 101+67.67 to Sta 102+57.68 Item B48 - Prefabricated Steel Pedestrian Bridge (14'X90'); -1 EA (-100%) @ $193,000.00/EA = -$193,000.00 (100%) Decrease in Contract Item at Contract Item price:
Delete Section 8 on plan sheet CX-7 alignment "BIK1" from Sta 100+00 to Sta 101+67.67 and from Sta 102+57.68 to Sta 104+90 Item B10 Class 2 Aggregate Base; -71.1 CY @ $99.85/CY = -$7,099.34 Item B11 Hot Mix Asphalt (Type B); -139.2 Ton @ 120.40/TON = -$16,759.68 Total Decrease in Contract Items: = -$23,859.02
Extra Work at Force Account:
For the work alrady performed on Item No. B48, Prefabricated Steel Pedestrian Bridge (14' X 90'), and for the materials already procured, the Contractor will be compensated for the actual costs. Contractor will submit invoices and extra work tickets in accordance with Section 9-1.04C of the Std Specs.
Extra Work at Force Account: $140,000.00
Time Adjustment: NO ADJUSTMENT
UNILATERAL
124
2 3
Delete Section 8
From Sta 102+57 to
Sta 104+90
Delete Section 8
From Sta 100+00 to
Sta 101+67
124
3 3
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 9
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 5/3/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 5/3/2024 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $64,000.00
335-4021-825.80-41 TRCC21 DECREASE
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: DEFERRED NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 154
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
As authorized by the Engineer, and in accordance with section 4-1.05, "Changes and Extra Work", install thermoplastic traffic stripe on the CN4 alignment from Station 81+00 to Station 94+61, and on the CN6 alignment from Station 43+62 to Station 61+00 and on SR58 alignment from Station 61+00 to Station 92+00, as shown on sheets 2 through 9 of this change order. All work shall be done in accordance with the attached revised plans, Special Provisions, Standard Plans and Specifications and as directed by the Engineer.
EXTRA WORK AT AGREED LUMP SUM:
For doing the work mentioned above, including mobilization and traffic control to perform the work, to install thermoplastic striping as shown on the plans and according to the quantities shown below:
DETAIL: LF:
12A 6,007 6" Skip
14A 144 6" Skip 12-48
25A 1,339 6" Yellow
27B 5,839 6" Fog
36 332 6" Gore
MARKINGS 126 SQFT
The contractor shall receive and accept the agreed lump sum of $64,000.00 This sum constitutes full and complete compensation for this change, including all markups.
TIME ADJUSTMENT:
Consideration of time adjustment will be deferred until completion of the work specified in this change order. Determination of a time extension will be made in accordance with Section 8-1.07 “Delays” and Section 8-1.02D “Level 3 Critical Path Method Schedule” of the 2015 Standard Specifications. Documented and justified delay impacts not addressed by this change order may be addressed on a separate change order in accordance with Section 4-1.05, "Changes and Extra Work" of the Standard Specifications.
UNILATERAL
Ker06
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET
PARSONS
MATTHEW BRASH
99 22.8/23.6
58 R52.3/R52.5 398
DATEREGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
C81522
09/30/19
CIVIL
03/10/17
03/10/17
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
8:47:52 AM
11/16/2021
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
04-05-18
USERNAME => p006124F
DGN FILE => 0618000019na004.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0618000019BORDER LAST REVISED 7/2/2010 M
I
S
C
.
P
O
O
L
P
O
O
L
M
I
S
C
.
M
I
S
C
.
P
O
S
T
P
O
S
T
P
O
S
T
ASPH
ASPH
A
S
P
H
A
S
P
H
C
O
N
C
ASPH
ASPH
ASPH
ASPH
D
I
R
T
D
I
R
T
D
I
R
T
C
O
N
C
D
P
D
P
CONC
CONC
CONC
ASPH
C
O
N
C
CONC
CONC
CONC
CONC CONC
A
S
P
H
C
O
N
C
C
O
N
C
680 6851 2 3 4 6 7 8
80 8
5 7
8 9
1 2
3 4
6 305
310
315
3 4
6 7
8 9
1 2 3 4 6
3 0
9 9
1 2
3 10'
10'
12'
12'
27B
25A
1 2
'
1 2
'
1 0
'
CALTRANS R/W
C
A
L
T
R
A
N
S
R
/
W
N
9 9
T
O
E
5 8
C
o
n
n
S99 TO E58 Conn
W
5 8
T
O
N
9 9
C
o
n
n
SB ROUTE 99
"WIB" LINE
WIBLE Rd
"SR99" LINE
NB ROUTE 99
12'
12'
12'
12'
"C
N
4 " L
IN
E
CALTRANS R/W
FUTURE
CT
27B
+
5 0
M
A
T
C
H
E
x
is
t
CALTRANS R/W
11' 11'
12'
12'
12'
12'
25 38A
+
3 9
5'
CT
5 '
ROAD PLANS
SEE LOCAL
10'
"S
R
5 8
" L
IN
E
W
B
R
O
U
T
E
5 8
E
B
R
O
U
T
E
5 8
12A
12A
CT
CT
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE.
NOTE:
M
A
T
C
H
L
IN
E
(P
D
-
3 )
M
A
T
C
H
L
IN
E
(P
D
-
3 )
MATCH LINE (PD-5)
TOMO TAKAHASHI
APPROVED FOR PAVEMENT DELINEATION WORK ONLY
PAVEMENT DELINEATION PLAN
SCALE: 1" = 50'
PD-4
M
A
T
C
H
L
IN
E
(P
D
-
3 )
MATCH LINE (PD-5)
JENNIFER ROJALES
175
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484644
Bobby Pentorali
02/16/2021
154
2 9
Ker06
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET
PARSONS
MATTHEW BRASH
99 22.8/23.6
58 R52.3/R52.5 398
DATEREGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
C81522
09/30/19
CIVIL
03/10/17
03/10/17
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
12:42:06 PM
8/11/2021
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
04-05-18
USERNAME => p006124F
DGN FILE => 0618000019na005.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0618000019BORDER LAST REVISED 7/2/2010 MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
POOL
POOL
MISC.
POST
POST
POST
POST
POST
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
A
S
P
H
A
S
P
H
DIRT
CONC
CONC
C
O
N
C
CONC
CONC
CONC
CONC
POOL
CONC
CONC
CONC
CONC
CONC
CONC
ASPH
A
S
P
H
90 6
7 8
9 1
2 3
4 35 40 454 6 7 8 9 1 2 3 4 6 7
+
3 9
M
A
T
C
H
E
x
is
t
12'
12'
10'
CALTRANS R/W
"CN4" LINE
WB ROUTE 58
EB ROUTE 58
EB H St OFF-RAMP
27B
CALTRANS R/W
12'
12'
10'
CALTRANS R/W
CALTRANS R/W
W58 TO N99 Conn
S99 TO E58 Conn
N99 TO E58 Conn
36B
5'
25A
CT
"SR58" LINE
+
4 8
M
A
T
C
H
E
x
is
t
CT
12A
CT
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE.
NOTE:
M
A
T
C
H
L
IN
E
(P
D
-
4 )
TOMO TAKAHASHI
APPROVED FOR PAVEMENT DELINEATION WORK ONLY
PAVEMENT DELINEATION PLAN
SCALE: 1" = 50'
PD-5
M
A
T
C
H
L
IN
E
(P
D
-
4 )
JENNIFER ROJALES
176
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
11/15/2019
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484644
Bobby Pentorali
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484644
Bobby Pentorali
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484644
Bobby Pentorali
02/16/2021
154
3 9
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
VC
VC
VC
VC
VC
UB
UB
UB
UB
POOL
POOL
P
O
O
L
POOL
P
O
O
L
STAIRS
STAIRS
MISC.
POST
POST
POST
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
DIRT
DIRT
CONC
CONC
CONC
C
O
N
C
CONC
CONC
CONC
CONC
CONC
CONC
CONC
P
P
P
P
P
P
P
P
P
PP
P
PP
P
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNVGNV
GNV GNV
GNV
GNV
GNV
GNV
GNV
GNV
POOL
CONC
GNV
GNV
ASPH
GNV
A
S
P
H
C
O
N
C
389.243
352
387.11
AT707400
CP
4 78
CONC
GNV
GNV
GNV
GNV
POST
GNV
GNV
MISC.
GNV
GNV
GNV
ASPH
GNV
Ker06 99
58 22.1/22.7
R52.3/R55.4
IRVINE, CALIFORNIA 92612
2201 DUPONT DRIVE, SUITE 200
PARSONS
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
06/09/14
1372
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:00:25 PM
8/22/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
06-09-14
USERNAME => p006124F
DGN FILE => 06140000641na002r.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 06140000641BORDER LAST REVISED 7/2/2010
REGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
81522
09/30/15
CIVIL
DALE WILSON
AMANDA LAI
GLEN PARKER
40 457 8 9 1 2 3 4 6 7 8 9
10 15
1 2 3 4
6 40
45 7
8 9
1 2
3 4
6 7
8 9
40 45
7 8
9 1
2 3
4 6 7 8
9 190
8 9
1 2
3 4
F
F
G
F
G
F
G
F
G
F
G
F
G
F
G
F
F
G
G
S
T
E
P
H
E
N
S
D
r
"CN4T" LINE
NOTE:
S
T
E
P
H
E
N
S
D
r
TERRY St
"CN6" LINE
S
M
Y
R
T
L
E
S
t
BRITE St
"SR58" LINE
"HS7" LINE
"CN1" LINE
SCALE: 1" = 50'
NOTE:
S
M
Y
R
T
L
E
S
t
D
IX
O
N
A
v
e
WB ROUTE 58
EB ROUTE 58
M
A
T
C
H
L
IN
E
(P
D
-
3 )
1. PAVEMENT DELINEATION PLAN
APPROVED FOR PAVEMENT DELINEATION WORK ONLY
M
A
T
C
H
L
IN
E
(P
D
-
1 )
R/W
R/W
R/W
R/W
R/W
R/W
RIGHT OF WAY ENGINEER AT THE DISTRICT OFFICE.
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
12'
12'
12'
12'
10'
10'
12'
12'
10'
12'
12'
10'
10'
+
9 4
+
6 9
25 27B
MATCH Exist
+
6 4
12'
12'
10'
12'
12'
10'
12'
12'
10'
+
6 6
E
N
D
T
A
P
E
R
Var
5'
5' 10'
+
6 1
10'
8' 10'
12'
4'
4'
4'
4'
8'
36 36B
10'
12'
12 12
37 38B
+
0 9
36 27B
1227B
25A
25A
5'
25A 27B
27B
+
6 9
14A
Var
CT
27B
@ 100' SPACING, 45°, (Typ)
12" WHITE DIAGONAL MARKINGS
@ 100' SPACING, 45°, (Typ)
12" WHITE CHEVRON MARKINGS
27BCT
+
1 9
CT
27BCT
10'
L
A
N
E
S
H
IF
T
B
e
g
+
4 7 27B
+
2 3
LANE SHIFT
END
CT
CT
TCE
TCE
TCE
TCE
Mod CT
Mod CT
CT
CT
CT
+
0 0
CT
CT
MOD CT
25A
12 CT
+
6 2 12'
MOD
Mod CT
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
NDC# 6
RFI# 26 &
06/08/18
1 TYP
495
No.
Exp.
PROFESSIONAL
E
N
G
ATE OF CALIFORNIA
81522
09/30/21
CIVILCIVIL
R
E
G
I
S
T
E
R
E
D
I
N
E
E
R
ST
TAKAHASHI
TOMO
11/15/19
REVISION(S) DESCRIPTIONSMARK DATE DES CHK DET
CONTRACT CHANGE ORDER NO.
SHEET OF
CCO#
1 1
042
042
TTSN7/19/17
4 26
MODIFICATIONS
PERMANENT PAVEMENT DELINEATION
07/03/14
154
4 9
Ker06 99
58 22.1/22.7
R52.3/R55.4
IRVINE, CALIFORNIA 92612
2201 DUPONT DRIVE, SUITE 200
PARSONS
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
06/09/14
1372
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:11:16 PM
8/22/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
06-09-14
USERNAME => p006124F
DGN FILE => 06140000641na003r.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 06140000641BORDER LAST REVISED 7/2/2010
REGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
81522
09/30/15
CIVIL
DALE WILSON
AMANDA LAI
GLEN PARKER
MISC.
P
O
O
L
POOL
POST
ASPH
ASPH
C
O
N
C
CONC
P
GNV
GNV
CONC
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.
MISC.MISC.
MISC.
POOL
POOL
P
O
O
L
P
O
O
L
STAIRS
STAIRS
STAIRS
MISC.
POST
POST
POST
POST
POST
POST
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPHCONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONCCONC
CONC
P
P
P
PP
P
P
P
P
P
P
P
P
P
P
P PGNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
DP
GNV
GNV
FP
A
S
P
H
A
S
P
H
A
S
P
H
C
O
N
C
C
O
N
C
C
O
N
C
CONC
ASPH
GNV
389.243
352
392.19
AT708300
392.42
AT708400
CP
4 79
A
S
P
H
GNV
P
GNV
GNVGNV
GNV
GNV
P
GNV
GNV
GNV
P
GNV
P
P
P
GNV
GNV GNV
GNV
50 55 601 2 3 4 6 7 8 9 1
50 55
60 1
2 3 4
6 7 8 9
1 50
55 60
1 2
3 4
6 7 8 9 1
F
G
G
F
F
G
G
F F
G
F
G
G
F F
G
F F F F F F F FF
NOTE:
H
U
G
H
E
S
L
n
D
IX
O
N
A
v
e
ROBBIN Rd
H
U
G
H
E
S
L
n
D
IX
O
N
A
v
e
SCALE: 1" = 50'
"SR58" LINE
"HS7" LINE
COTTON St
NOTE:
WB ROUTE 58
EB ROUTE 58
"CN6" LINE
R/W
M
A
T
C
H
L
IN
E
(P
D
-
2 )
M
A
T
C
H
L
IN
E
(P
D
-
4 )
1. PAVEMENT DELINEATION PLAN
APPROVED FOR PAVEMENT DELINEATION WORK ONLY
R/W
R/W
R/W
R/W
RIGHT OF WAY ENGINEER AT THE DISTRICT OFFICE.
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
R/W
12'
12'
12'
10'
10'
12'
12'
10'
12'
12'
10'
10'
12'
12'
10'
12'
12'
+
0 0
8'
27B
25 10'
12'
4'
12'
10'
4'
27B 12
+
6 0
36B
25A 12" WHITE CHEVRON MARKINGS
14A
+
1 3
38B
12'
12'
12'
M
A
T
C
H
E
x
is
t
+
5 0
2 2
'
Var
+
0 5
14A
12 12
CT
+
0 0
+
0 0
E
N
D
F
L
A
R
E
+
5 0
B
e
g
F
L
A
R
ECT
27B
27B
@ 100' SPACING, 45°, (Typ.)
TCE
TCE
TCE
TCE TCE
TCE TCE
TCE
12'
12 Mod CT
Mod CT
Mod CT
SEE PDD-1
@ 100' SPACING, 45°, (Typ.)
12" WHITE DIAGONAL MARKINGS
Mod CT
Mod CT
CT
CT
+
0 0
B
e
g
T
A
P
E
R
E
N
D
T
A
P
E
R
+
5 0
CT
CT
37 CT
CT27B
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
0 6/0
8/1
8 NDC
# 6
N
DC#
5 &
R
FI# 2
6,
496
No.
Exp.
PROFESSIONAL
E
N
G
ATE OF CALIFORNIA
81522
09/30/21
CIVILCIVIL
R
E
G
I
S
T
E
R
E
D
I
N
E
E
R
ST
TAKAHASHI
TOMO
11/15/19
1 1
1 1
1 2
2 REVISION(S) DESCRIPTIONSMARK DATE DES CHK DET
CONTRACT CHANGE ORDER NO.
SHEET OF
CCO#
1042
042
7/19/17 SN TT
5 26
MODIFICATIONS
PERMANENT PAVEMENT DELINEATION
07/03/14
154
5 9
MISC.
MISC.
MISC.
UV
UV
UV
VC
VC
VC
UB
POOL
POOL
P
O
O
L
STAIRS
POST
POST
POST
POST
POST
ASPH
ASPH
CONC
CONC
C
O
N
C
CONC
CONC
CONC
CONC
CONC
CONC
CONC PP
PP
P
P
P
P
P
P
GNV
GNV
GNV
GNV
GNV
GNV
POOL
CONC
ASPH
MISC.
MISC.
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
VC
VC
VC
VC
VC
VC
VC
VC
VC
VC
UB
UB
UB
POOL
POOL
P
O
O
L
STAIRS
STAIRS
STAIRS
STAIRS
STAIRS
MISC.POST
POST
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
CONC
ASPH
ASPH
ASPH
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
PP
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNVGNV
GNV
GNV
GNV
FLOWLINE
MISC.
MISC.
C
O
N
C
GNV
GNV
A
S
P
H
GNV
GNV
ASPH
GNV GNVGNV
A
S
P
H
GNV
P
O
O
L
ASPH
ASPH ASPHASPH
GNVGNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
Ker06 99
58 22.1/22.7
R52.3/R55.4
IRVINE, CALIFORNIA 92612
2201 DUPONT DRIVE, SUITE 200
PARSONS
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
06/09/14
1372
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:21:15 PM
8/22/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
06-09-14
USERNAME => p006124F
DGN FILE => 06140000641na004r.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 06140000641BORDER LAST REVISED 7/2/2010
REGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
81522
09/30/15
CIVIL
DALE WILSON
AMANDA LAI
GLEN PARKER
65 70 752 3 4 6 7 8 9 1 2 3 4
65 3
4 6 7 8 965 70 75
3 4
6 7 8 9 1 2 3 4
652 3 4 6
75 1 2 3 4
F
G
F F F
G
F
G
F
G G
F
SCALE: 1" = 50'
"SR58" LINE
NOTE:
"HS2" LINE
"HS3" LINE
"HS7" LINE
NOTE:
M
A
T
C
H
L
IN
E
(P
D
-
3 )
M
A
T
C
H
L
IN
E
(P
D
-
5 )
1. PAVEMENT DELINEATION PLAN
APPROVED FOR PAVEMENT DELINEATION WORK ONLY
R/W
R/W
R/W
R/W
R/W
R/W
RIGHT OF WAY ENGINEER AT THE DISTRICT OFFICE.
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
12'
12'8'
12'
10'
4'
+
7 2
10'
12'
12'
12'
12'
10'
4'4'
+
6 8
+
8 0
25A
27B 12 25A
10'
12'
12'
12'
12 +
0 0
BRITE St
"HS7" LINE
EB ROUTE 58
S
O
L
E
A
N
D
E
R
A
v
e
"SR58" LINE
WB ROUTE 58
ROOSEVELT St
S
O
L
E
A
N
D
E
R
A
v
e
"HS2" LINE
TYPE VI ARROW
1 EACH
25 27B
27BCT
27BCT
CT
27B
+
2 0
12'
12'
24'
+
2 0
TCE TCE
TCE TCE
12'10'
Var
Mod CT36CT36BCT 36B
+
5 0
+
4 8
+
4 6
+
9 0Mod CT14A
Mod CT 12
38BCT
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
ND
C#
5 R
FI# 2
6 &
0 6/0
8/1
8 497
No.
Exp.
PROFESSIONAL
E
N
G
ATE OF CALIFORNIA
81522
09/30/21
CIVILCIVIL
R
E
G
I
S
T
E
R
E
D
I
N
E
E
R
ST
TAKAHASHI
TOMO
11/15/19
111
2 REVISION(S) DESCRIPTIONSMARK DATE DES CHK DET
CONTRACT CHANGE ORDER NO.
SHEET OF
CCO#
1042
042
6 26
SN TT7/19/17 MODIFICATIONS
PERMANENT PAVEMENT DELINEATION
07/03/14
154
6 9
TS
TS
TS
MISC.
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
UV
VC
VC VC
VC
VC
VC
VC
UB
UB
UB
UB
UB
UB
STAIRS
STAIRS
STAIRS
MISC.
MISC.
MISC.
POST
POST
POST
POST
POST
POST POST
ASPH
ASPH ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
CONC
CONC
CONC
CONC
CONC
C
O
N
C
P
P
P
P
P
P
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNV
GNVTS
TS
GNV
FP
MISC.
P
A
S
P
H
ASPH
ASPH
FLOWLINE
CONC
GNV
FP
FP
MISC.
TSTS
ASPH
ASPH
A
S
P
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A
S
P
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A
S
P
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366.46
AT710300
CP
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VC
UV
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GNV
UB
VC
UV
UB
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POST
TS
TS
POST
UB
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UV
CONC
F
L
O
W
L
I
N
E
Ker06 99
58 22.1/22.7
R52.3/R55.4
IRVINE, CALIFORNIA 92612
2201 DUPONT DRIVE, SUITE 200
PARSONS
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
06/09/14
1372
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
1:23:26 PM
5/13/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
06-09-14
USERNAME => p006124F
DGN FILE => 06140000641na005r.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 06140000641BORDER LAST REVISED 7/2/2010
REGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
81522
09/30/15
CIVIL
DALE WILSON
AMANDA LAI
GLEN PARKER
1 0
6 7
8 9
1 2
3 4
806 7 8 9 1 2 3
9 80
6 7
8 1
2 1
1 20
80 6
7 8
9 1 2
AS
AS
F
G
F
G
G
F
F F
SCALE: 1" = 50'
"SR58" LINE
H
O
U
C
H
IN
R
d
"H
S
T
" L
IN
E
"RIC" LINE
"HS2" LINE
"HS3" LINE
H
O
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C
H
IN
R
d
NOTE:
"LOU" LINE
EB ROUTE 58
WB ROUTE 58
S
H
S
t
MATCH LINE (PD-6)
MATCH LINE (PD-4)
NOTE:
1. APPROVED FOR PAVEMENT DELINEATION WORK ONLY
PAVEMENT DELINEATION PLAN
R/W
R/W
R/W
R/W
RIGHT OF WAY ENGINEER AT THE DISTRICT OFFICE.
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
25 25A
12 (2 EACH)
"SIGNAL"
(2 EACH)
"AHEAD"
CROSSWALK - 12" WHITE
L=72'
TYPE III (L) ARROW
2 EACH
12 10'
12'
12'
12'
12'
10'
4'
24'
10'
12'
12'
24'
12'
12'
2'
2'
+
2 427B
2 EACH
+
2 0
1 EACH
TYPE VI ARROW
CT 27B
10'
TYPE II(R) ARROW
4'
10'
+
5 5
+
7 5
+
0 0
(2 EACH)
TYPE V ARROW
+
0 0
TCE
TCETCE
38B
12'
10'
12'
10'
Mod CT
CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
06/08/18
NDC# 5
RFI# 26 &
498
No.
Exp.
PROFESSIONAL
E
N
G
ATE OF CALIFORNIA
81522
09/30/21
CIVILCIVIL
R
E
G
I
S
T
E
R
E
D
I
N
E
E
R
ST
TAKAHASHI
TOMO
11/15/19
1 2
REVISION(S) DESCRIPTIONSMARK DATE DES CHK DET
CONTRACT CHANGE ORDER NO.
SHEET OF
CCO#
1042
042
SN TT
7 26
7/19/17 MODIFICATIONS
PERMANENT PAVEMENT DELINEATION
07/03/14
154
7 9
TS
MISC.
MISC.
UV
UV
UV
UV
UV
UV
UV UV
UV
UV
UV
UV
UV
VC
VC
VC
VC
VC
VC
VC
VC
VC
UB
UB
UB
UB
UB
UB
POOL
POOL
STAIRS
STAIRS
STAIRS
STAIRS
STAIRS
MISC.
POST
POST
POST
POST
POST
POST
POST
POST
POST
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
ASPH
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
CONC
P P
P
P
P
GNV
GNV
GNV
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GNV
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GNV
GNV
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GNV
GNV
GNV
GNV
GNV
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GNV
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TS
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FP
FP
MISC.
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A
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TS
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ASPH
UV
GNV
VC
Ker06 99
58 22.1/22.7
R52.3/R55.4
IRVINE, CALIFORNIA 92612
2201 DUPONT DRIVE, SUITE 200
PARSONS
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE
CITY OF BAKERSFIELD
06/09/14
1372
x
x
x
x
x
Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
R
E
G
I
S
T
E
R
E
D
PROFESSIONAL
E
N
G
I
N
E
E
R
STATE OF CALIFORNIA
TIME PLOTTED =>
DATE PLOTTED =>
4:41:06 PM
8/22/2023
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
06-09-14
USERNAME => p006124F
DGN FILE => 06140000641na006r.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 06140000641BORDER LAST REVISED 7/2/2010
REGISTERED CIVIL ENGINEER
TAKAHASHI
TOMO
81522
09/30/15
CIVIL
DALE WILSON
AMANDA LAI
GLEN PARKER
3 0
6 7
8 9
1 2
3 4
85 904 6 7 8 9 1 2
90 1
2 5 102 3 4 6 7 8 9
252 3 4 6
F F
F
G
G
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"RIC" LINE
LOUSTALOT Ln
"LOU" LINE
"CH4" LINE
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B
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T
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NOTE:
WB ROUTE 58
EB ROUTE 58
B
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IN
K
D
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A
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L
IN
E
(P
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SCALE: 1" = 50'
1. APPROVED FOR PAVEMENT DELINEATION WORK ONLY
PAVEMENT DELINEATION PLAN
M
A
T
C
H
L
IN
E
(P
D
-
5 )
R/W
R/W
R/W
4 '
RIGHT OF WAY ENGINEER AT THE DISTRICT OFFICE.
FOR ACCURATE RIGHT OF WAY DATA, CONTACT
12'
12'
10'
12'
12'
12'
10'
TYPE VI ARROW
27B25
CROSSWALK - 12" WHITE
10'
L=180'
1 0
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12'
12'
10'
12'
12'
10'
27B
12 25A
CROSSWALK - 12" WHITE
L=115'
12 TYPE I 24'-0" ARROW
2 EACH1 EACH
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TYPE IV ARROW (R)
2 EACH
TYPE VII ARROW (R)
7 '
1 1
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2 2
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1 0
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MATCH
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31 9
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10'
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CONTRACT No.
R.E. NAME
AS BUILT
C.C.A. DATE
06-484614
JEFF PALLESEN
NDC# 5
RFI# 26 &
06/08/18
499
No.
Exp.
PROFESSIONAL
E
N
G
ATE OF CALIFORNIA
81522
09/30/21
CIVILCIVIL
R
E
G
I
S
T
E
R
E
D
I
N
E
E
R
ST
TAKAHASHI
TOMO
11/15/19
1 1
2 REVISION(S) DESCRIPTIONSMARK DATE DES CHK DET
CONTRACT CHANGE ORDER NO.
SHEET OF
CCO#
1042
042
7/19/17 SN TT
8 26
MODIFICATIONS
PERMANENT PAVEMENT DELINEATION
07/03/14
154
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PLANS APPROVAL DATE
TH£ STAT£ OF CAUFORNIA OR ITS OFFICERS
OR AGENTS SHAU NOT 8£ RESPONSIBLE FOR
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SHEET TOTAL No. SHEETS
521 1372
PARSONS CITY OF BAKERSFIELD
2201 DUPONT DRIVE, SUITE 200
IRVINE, CALIFORNIA 92612
1600 TRUXTUN A VENUE
BAKERSFIELD, CALIFORNIA 93301
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CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 5/30/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 5/30/2024
ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $10,000.00
335-4021-825.80-41 TRCC21 DECREASE $0.00
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NO ADJUSTMENT NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 161
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
Extra Work at Force Account
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work" perform the following work:
1) Remove and dispose of the buried manmade objects found throughout the project.
This work will be paid for by Force Account. Labor, materials, and equipment, as approved by the Engineer, will be paid for in accordance with the provisions in Section 9-1.04, “Force Account” of the Standard Specifications.
Extra Work at Force Account: $10,000.00
UNILATERAL
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: December 19, 2024
SUBJECT: Bid Extension for the purchase of Panasonic laptops for the Technology Services Department.
Extend bid from Stommel, Inc., dba LEHR, Reno, Nevada, for the purchase of Panasonic Toughbook Laptops ($112,400.45) for the Technology Services Department.
RECOMMENDATION:
Staff recommend extension of bid.
BACKGROUND:
On September 11, 2024, Council accepted the bid from Stommel, Inc., dba LEHR for 85 replacement Panasonic CF-33 Toughbook laptops for the Police Department. The Technology Services division has since received and deployed those units. An additional order of 25 Panasonic CF-33 Toughbook laptops will be stock units for the Police Department and will be readily available for deployment to newly hired staff, increasing the Department’s operational readiness.
Stommel, Inc., dba LEHR has agreed to extend the same per unit cost for 25 Panasonic CF-33 Toughbook laptops.
Staff recommends extension of the bid and authorization to purchase 25 Panasonic CF -33 Toughbook laptops from Stommel, Inc., dba LEHR, Reno, Navada, in the amount of $112,440.45.
FISCAL IMPACT:
Funds are budgeted in the equipment management fund for this purchase.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
N/A
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: December 20, 2024
SUBJECT: Purchase of half -ton extended cab 4x2 pickup trucks for various Departments and Divisions.
1. Accept bid and approve purchase of nine (9) half-ton extended cab 4x2 pickup trucks from Jim Burke Ford, Bakersfield, CA ($397,465.58) for the Recreation and Parks Department, Water Resources Department, and the Public Works Department’s Fleet Division, General Services Division, and Streets Division.
2. Appropriate $44,163 Equipment Management Fund balance to the Public Works Department’s Operating budget to complete the purchase of one unit for the Fleet Division.
3. Appropriate and transfer $4,163 Domestic Water Fund balance to the Public Works Department’s Operating budget within the Equipment Management Fund to complete the purchase of one (1) unit for the Water Resources Department.
4. Use previously approved contingency funds in the amount of $35,140 to complete the purchase of seven (7) units for the Recreation & Parks Department, and the Public Works Department’s General Services Division and Streets Division.
RECOMMENDATION:
Staff recommend acceptance of the bid and approval of the appropriations.
BACKGROUND:
Bids were solicited for nine (9) half -ton extended cab 4x2 pickup trucks for the Recreation and Parks Department, Water Department, and the Public Works Department’s Fleet Division, General Services Division, and Streets Division. Two bids were received in response to the solicitation.
This purchase will replace seven units that are more than eleven years old and past their useful life. The units meet the criteria for replacement as determined by the Fleet Division and will be replaced with newer and more efficient units for the Recreation & Parks Department, and the Public Works Department’s General Services Division and Streets Division. One unit will be an unbudgeted purchase that was previously approved by staff for the Fleet Division, and the remaining unit to be purchased will be an additional unit previously budgeted for the Water Department.
The two bids received are as follows:
BIDDER AMOUNT MAKE/MODEL BID
Jim Burke Ford
Bakersfield, CA $397,465.58 Ford
F150 Extended Cab
Haddad Dodge
Bakersfield, CA $414,383.29 RAM
1500 Tradesmen
Staff find the bid submitted by Jim Burke Ford, Bakersfield, CA for $397,465.58 ($44,162.84 per unit) to be acceptable and recommend approval of the purchase.
FISCAL IMPACT:
Funds in the amount of $314,000 are budgeted in the Equipment Management Fund for this purchase. An appropriation in the amount of $44,163 will be necessary to complete the purchase of one unbudgeted unit previously approve d by staff for the Fleet Divisio n. $20,189 in rental recovery rates have been collected and will be used towards the purchase. $40,000 has been previously budgeted for the purchase of one additional unit for the Water Resources Department. An appropriation and transfer in the amount of $4,163 Domestic Water Fund balance to the Public Works Department’s Operating budget within the Equipment Management Fund will be necessary to complete the purchase of one additional unit for the Water Resources Department. Contingency funds previously appr oved by Council on June 26, 2024, as part of the Fiscal year 2024-25 budget are included in the Equipment Management Fund and will be used to cover the shortage of $35,140 to complete the purchase of seven (7) units for the Recreation and Parks Department, and the Public Works Department’s General Services Division and Streets Division.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
N/A
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - PSVS TO: Honorable Mayor and City Council
FROM: Gregory Pronovost
DATE: December 19, 2024
SUBJECT: Resolution and Agreement with Peregrine Technologies not to exceed $1,518,000
1. Resolution determining that Peregrine Technologies, Inc. cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding not to exceed $1,518,000.
2. Agreement with Peregrine Technologies (not to exceed $1,518,000 and a term date of June 30, 2030), for Data Centralizing Services
RECOMMENDATION:
Staff recommends approval of the resolution and agreement.
BACKGROUND:
The Bakersfield Police Department (BPD) relies on various complex technologies for its daily operations .
To meet the growing demand for real -time policing, transparen cy, and evidence -based, community - engaged law enforcement strategies, the BPD is looking to centralize these complex technologies into one platform.
Peregrine Technology enables real-time access to critical data across all department functions, allowing sworn and civilian personnel to collaborate effectively and make informed decisions; enabling the BPD to respond swiftly to evolving situations, conduct fast, detailed analyses, and improve investigation information availability. Peregrine’s ability to inte grate existing systems ensures that officers, analysts, and leadership teams can access actionable intelligence, driving better outcomes in patrol operations, investigations, and administrative functions.
Adopting Peregrine aligns with BPD’s commitment to public safety, innovation, and continuous improvement. It provides a modern solution to optimize organizational performance, improves data - informed decision-making, and is an analytical force multiplier. This investment will help position the department as a leader in data-informed policing, leverage technology for public safety, and foster faster, better collaboration and operational efficiency.
The BPD desires to enter into an agreement with Peregrine Technologies with a term date of June 30, 2030, and a total compensation amount not to exceed $1,518,000. Payments will include $138,000 for the period of January 2025 through June 30, 2025, and $276,000 annually for the years beginning July 1, 2025, through June 30, 2030.
FISCAL IMPACT:
The funding source for the $138,000 appropriation are as follows:
$62,500 from savings within the General Fund allocated for repairs and maintenance of the camera network replacement.
$43,417 from the General Fund CIP allocated for the Body Worn Camera CIP project. $32,083 from Public Safety and Vital Services (PSVS) funds allocated for hardware and software purchases.
All remaining years (2025-2030) will be funded through the BPD internal rates
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Resolution.pdf
Agreement.pdf
- Page 1 of 2 Pages -
RESOLUTION NO. _________________
A RESOLUTION DETERMINING THAT THE
PEREGRINE TECHNOLOGIES, INC . SOFTWARE
CANNOT BE REASONABLY OBTAINED
THROUGH USUAL BIDDING PROCEDURES
AND AUTHORIZING THE FINANCE DIRECTOR
TO DISPENSE WITH BIDDING THEREFORE, NOT
TO EXCEED $1,518,000.
WHEREAS, the City may dispense with usual bidding procedures pursuant to Bakersfield Municipal Code Section 3.20.060(D)(2) when work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system; and
WHEREAS, the City’s Police Department has determined a need for use of the Peregrine Technologies, Inc software in order to integrate data analysis across multiple existing City systems, and to provide associated data modeling and cleansing and training for the Bakersfield Police Department; and
WHEREAS, the data integrating software can only reasonably be obtained from Peregrine Technologies, Inc., and is necessary to integrate the City’s existing software systems; and
WHEREAS, the City Council therefore finds that dispensing with usual bidding procedures pursuant to Bakersfield Municipal Code Section 3.20.060 (D)(2) is necessary and appropriate in order to obtain the Peregrine Technologies, Inc. software.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The Council finds that certain software is available from one vendor, Peregrine Technologies, Inc. and is necessary for the successful integration of software, equipment or materials into existing city systems, and that it is in the best interests of the city, and to the city's economic advantage to purchase such work, supplies, equipment, or materials from that vendor at the lowest possible cost for the quality needed.
- Page 2 of 2 Pages -
3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)( 2) of the Bakersfield Municipal Code.
4. The Finance Director or his designee is authorized to purchase software through one vendor, Peregrine Technologies, Inc. and to negotiate the purchase of same, not to exceed $1,518,000.
5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from, the vendors herein.
--oo0oo--
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________ ABSENT: COUNCIL MEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ______________________________
ASHLEY ZAMBRANO
Deputy City Attorney
AGREEMENT NO. ___________
[TECHNOLOGY SERVICES – LICENSE/SUBSCRIPTION]
This AGREEMENT (“Agreement”) is entered into on and effective as of ____________________ by and between the CITY OF BAKERSFIELD, a municipal corporation and Charter City (“City”), and PEREGRINE TECHNOLOGIES, INC (“Provider”) a corporation, authorized to do business in California.
WHEREAS, Provider Peregrine will provide Bakersfield Police Department with integrating data analysis across multiple systems, data modeling and cleansing along with training; and
WHEREAS, City’s Police Department desires to subscribe to Provider’s Peregrine software for a five and a half year term, subject to and in accordance with the Peregrine order form and scope of work attached hereto as Exhibit A and incorporated herein, Peregrine terms and conditions form attached hereto as Exhibit B and incorporated herein; and
WHEREAS, in light of the intellectual property and subscription- based nature of Provider’s programs and services , City’s use of Provider’s services and/or products are subject to compliance with Provider’s terms and conditions, and therefore City has agreed to abide by the above- referenced attachment(s); and
WHEREAS, notwithstanding the above, the Parties understand and agree that City’s standard contracting procedures require use of this cover sheet, and signatories and certain delineated terms set forth below, which shall govern the term of this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PROVIDER hereby agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), Provider shall perform the following: will provide Bakersfield Police Department with integrating data analysis across multiple systems, data modeling and cleansing along with training (“Scope of Work”). The Scope of Work shall be subject to the terms and conditions set forth in Exhibit A, and Exhibit B, attached hereto.
2. COMPENSATION. Subject to the conditions of this section, CITY will pay PROVIDER as follows for performing the Scope of Work (“Compensation”): a total payment not to exceed One Million Five Hundred and Eighteen Thousand Dollars and Zero Cents $ 1,518,000 in accordance with the costs and fees set Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29
forth in Exhibit A.
1. $138,000 within 30 days of the effective date
2. $276,000 within 30 days of 7/1/2025
3. $276,000 within 30 days of 7/1/2026
4. $276,000 within 30 days of 7/1/2027
5. $276,000 within 30 days of 7/1/2028
6. $276,000 within 30 days of 7/1/2029
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than One Million Five Hundred and Eighteen Thousand Dollars and Zero Cents $ 1,518,000 for performing the Scope of Work.
3. TERM. Notwithstanding any contrary terms set forth in Exhibit A, and Exhibit B, this Agreement shall terminate on June 30, 2030, unless terminated sooner.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
FOR CITY OF BAKERSFIELD
(“CITY”):
By: _______________________________
KAREN GOH
Mayor
By: _______________________________
GREGORY PRONOVOST
Technology Services Director
FOR PEREGRINE TECHNOLOGIES, INC
(“PROVIDER”):
By: _______________________________
NICHOLAS NOONE
President & CEO
___________________________________
Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director
ATTACHMENTS: EXHIBIT A- PEREGRINE ORDER FORM AND SCOPE OF WORK
EXHIBIT B- PEREGRINE CUSTOMER TERMS AND CONDITIONS
Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 Copyright 2022, Peregrine Technologies, Inc. All rights reserved. Copyright extends to all pages of this document.
PEREGRINE CUSTOMER ORDER FORM & SCOPE OF SERVICES
Customer Information
Customer Name: Bakersfield Police Department Contact: Chief Greg Terry Address:
1600 Truxtun Avenue, Bakersfield CA 93301
Phone: 661-326-3000
Email: [email protected] Fax: N/A
Peregrine Services
Effective Date: January 1, 2025
Initial Term: From the Effective Date through June 30, 2030 (“Initial Term”).
Service Fee: The following fee schedule is available to the Customer if Order Form is signed on or before December 27, 2024. Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee of $276,000 annually for the Term as follows:
a. $138,000 within 30 days of the Effective Date
b. $276,000 within 30 days of 7/1/2025
c. $276,000 within 30 days of 7/1/2026
d. $276,000 within 30 days of 7/1/2027
e. $276,000 within 30 days of 7/1/2028
f. $276,000 within 30 days of 7/1/2029
Users: Customer may allow an unlimited number of employees of the Bakersfield Police Department to access and use the Service.
Onboarding and Training Services: Peregrine will provide Customer with an introductory training session that provides an overview of the Service, background on accessible data sources as of the Effective Date and an introduction to the analytic capabilities of the Service. Peregrine will p rovide additional training, including refresher sessions and advanced training modules, from time to time upon mutual agreement of the parties.
Professional Services: The initial Customer Data sources and systems that Peregrine will integrate with the Service for Customer are: Versadex CAD, Versaterm RMS, Axon Evidence.com, Crossroads, Veritone, IA Pro, Flock ALPR, Vigilant ALPR, Verkada, Shotspotter, ESRI, and Survey 123.
The fee schedule above includes support for up to 200 million annual LPR reads and a 30-day retention of LPR detections.
Peregrine is responsible for the first $5,000 in third -party API or data access fees. The Customer is responsible for any third-party API or data access fees above the initial $5,000.
Exhibit A
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Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “ Terms and Conditions ,” and together with this Order Form, the “ Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event of any conflict between th is Order Form and the Terms and Conditions, the terms of this Order Form shall govern to the extent of such conflict. This Order Form may be executed in counterparts (which may be delivered by electronic mail of .pdf files), each of which counterparts, whe n so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute one and the same instrument.
Peregrine Customer
By: By:
Name: Nicholas Noone Name:
Title: President & CEO Title:
Date Signed: Date Signed:
Attest:
Name:
Any additional data integrations or new functionality shall be subject to mutual written agreement of the parties, including with respect to fees. All additional data integration services or new functionality and corresponding fees will be set forth in a statement of work.
For clarity, Peregrine will provide any other Professional Services and additional data integration services in accordance with Section 2.2 of the Terms and Conditions.
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Peregrine Customer Terms and Conditions
These Peregrine Customer Terms and Conditions govern the provision of the services described on the attached Order Form (“ Order Form ”) by Peregrine Technologies, Inc. (“ Peregrine”) to the Bakersfield Police Department (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions.
1. Definitions.
“Aggregated Data” has the meaning specified in Section 6.1. “CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer, currently located at https://www.fbi.gov/services/cjis/cjis -security-policy-resource-center. “Client-Side Software” means any software in source or object code form that Peregrine makes available for use in connection with the Service, including Peregrine’s mobile application(s). “Criminal Justice Information Services Division ” or “ CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant criminal justice information to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies. “Customer Data” means any of Customer’s data, information, documents or electronic files that are provided to Peregrine via the Service or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service; provided that, for purposes of clarity, Customer Data as defined herein does not include Aggregated Data. “Documentation” means the materials supplied by Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training materials, guides, functional or technical specifications or other materials for use in conjunction with the Service.
“Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered “personal data”, “p ersonally identifiable information”, or something similar under applicable laws, rules, or regulations relating to data privacy. “Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s proprietary platform that assist s Users with criminal investigations and police leadership decision making, consisting of a hosted web -based interface and the Client -Side Software. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of the parties in accordance with Section 2.2.
“SOW” has the meaning specified in Section 2.2.
“Third Party Data ” means any third party databases that Peregrine licenses from third party vendors and makes accessible via the Service. For clarity, Third Party Data does not include any Customer Data. “Third Party Products ” means any third -party products provided with, integrated with, or incorporated into the Service, including Third Party Data.
“Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may access the Service) and that have been supplied user identifications and passwords by Peregrine.
2. Provision of the Service and Additional Services.
2.1. Service. During the Term and subject to the terms and conditions of this Agreement, including payment of the fees set forth on the Order Form, Customer may: (a) access and use the Service for up to the number of Users set forth in the Order Form, (b) download and reproduce the applicable Documentation solely for internal use in association with the Service , and (c) download, install, and use any Client -Side Software in support of Customer’s Exhibit B
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use of the Service, in each case on a nonexclusive, non -transferable, and non -sublicensable basis and solely for Customer’s internal business purposes . Peregrine shall provide Customer with authentication credentials for individual Users upon written request from authorized personnel of Customer, (ii) onboarding and training services as set forth in the Order Form (“ Onboarding and Training Services ”), and (iii) telephone and standard technical support to Customer during normal business hours (“Technical Support”). Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.
2.2. Professional Services. Except as set forth in the Order Form, in the event that Customer requests that Peregrine perform data integration, configuration or implementation services regarding the Service, including integration of Customer Data or Third Party Data and creation of specific modifications to the Service (but excluding any Onboarding and Training Services), Peregrine will discuss the scope and fees for such services and, if agreed, such work will be performed pursuant to a statement of work execut ed by the parties and referencing this Agreement that describe such scope and fees (an “ SOW,” and such services, the “ Professional Services”). Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay such fees in accordance with Section 4.2 below. To the extent the Professional Services result in any software code or other tangible work product (“ Work Product ”), all such Work Product will remain owned solely and exclusively by Peregrine and may be us ed by Customer solely in connection with Customer’s authorized use of the Service under this Agreement. Customer shall permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Professional Services.
2.3. Access and Policies. Customer will permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its pers onnel to, abide by Customer’s facilities access and use policies as provided by Customer to Peregrine in writing in advance of any on -site visits. Customer will also permit and enable Peregrine to have offsite access to Customer Data a nd the Customer’s production platform for the Service in order to provide the Service, Technical Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS -defined policies for remote access.
2.4. Compliance with Applicable Laws . Each party and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Service hereunder.
2.5. Licenses and Permits. Peregrine and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions . In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from Customer as required by law.
2.6. Nondiscrimination and Equal Opportunity. Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Peregrine under this Agreement. Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.
2.7. Suspension. Notwithstanding anything to the contrary in this Agreement, Peregrine may temporarily suspend Customer’s and any User’s access to any portion or all of the Service if: (a) Peregrine reasonably determines that (i) there is a threat or attack on the Servic e; (ii) Customer’s or any User’s use of the Service disrupts or poses a security risk to the Service or to any other customer or vendor of Peregrine; (iii) Customer, or any User, is using the Service for fraudulent or illegal activities; (iv) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolu tion, or similar proceeding; (v) Peregrine’s Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 November 8, 2024
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provision of the Service to Customer or any User is prohibited by applicable law; or (vi) any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer or an User through the Service may infringe or otherwise violate any third party’s intellectual property or other rights; (b) any vendor of Peregrine has suspended or terminated Peregr ine’s access to or use of any Third Party Products required to enable Customer to access the Service; or (c) if Customer fails to pay any undisputed fees when due (any such suspension described in subclauses (a), (b), or (c), a “Service Suspension”). Peregrine shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service following any Service Suspension. Peregrine shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Peregrine will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any User may incur as a result of a Service Suspension.
2.8. Third Party Products. Peregrine may from time to time make Third Party Products available to Customer or Peregrine may allow for certain Third Party Products to be integrated with the Service. For purposes of this Agreement, such Third Party Products are subject to their own terms and conditions. Peregrine is not responsible for the operation of any Third Party Products and makes no representations or warranties of any kind with respect to Third Party Products or their respective providers. If Customer does not agree to abide by the applicable terms for any such Third Party Products, then Customer should not install or use such Third Party Products. By authorizing Peregrine to transmit Customer Data from Third Party Products into the Service, Customer represents and warrants to Peregrine that it has all right, power, and authority to provide such authorization.
2.9. Open Source Components. Certain aspects of the Service, such as the Client-Side Software, may contain or be distributed with open source software code or libraries (“ Open Source Components ”). Peregrine will provide a list of Open Source Components for a particular version of any distributed portion of the Service, such as the Client- Side Software, on Customer’s request. To the extent required by the license applicable to such Open Source Components: (a) Peregrine will use reasonable efforts to deliver to Customer any notices or other materials (such as source code); and (b) the terms of such licenses will apply to such Open Source Components in lieu of the terms of this Agreement. To the extent the terms of such licenses prohibit any of the restrictions in t his Agreement with respect to any particular Open Source Component, such restrictions will not apply to such Open Source Component.
To the extent the terms of such licenses require Peregrine to make an offer to provide source code or related information in connection with the Open Source Component, such offer is hereby made. For purposes of clarity, Open Source Components are Third Party Products.
3. Customer Responsibilities.
3.1. Generally. Customer is responsible for all activities that occur under User accounts. Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; ( c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; (d)_ensure each User has its own unique acc ount on the Service and that Users do not share their account credentials with one another or any third party; and (e) comply with all applicable laws in using the Service. Customer agrees to provide its Users with the applications necessary to run the Service as set forth in the Documentation.
3.2. Use Restrictions. Customer shall not use the Service for any purposes beyond the scope of access granted under this Agreement. Without limiting the generality of the foregoing, Customer shall not, and shall ensure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) send spam or otherwise d uplicative or unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (f) attempt to gain unauthorized access to the Service or its related systems or networks ; (g) copy, modify, or create derivative works based upon the Service or any component thereof; (h) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service or any component thereof; (i) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any third party or that violates any applicable law; (j) Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 November 8, 2024
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access or use the Service for purposes of competitive analysis of Peregrine or the Service, the development, provision, or use of a competing service or product, or any other purpose that is to Peregrine’s detriment or commercial disadvantage; or (k) input, upload, transmit, or otherwise provide to or through the Service any information or materials, including Customer Data, that are unlawful or injurious in any way
3.3. CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements:
(a) Customer agrees to use training, policy and procedures to ensure Users use proper handling, processing, storing and communication protocols for Customer Data an d any Third Party Data; (b) Customer agrees to protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance and the support roles assigned; (c) Customer will only provide access to the Service and any Third Party Data through Customer -managed role -based access and applied sharing rules configured by Customer; (d) Customer agrees to create and retain activity tra nsaction logs to enable auditing by Peregrine staff, CJIS and any Third Party Data owners; (e) Customer agrees to perform independent employment background screening for its staff at Customer’s own expense; and (f) Customer agrees to reinforce staff polici es for creating User accounts with only one Customer domain email address for each User, with exceptions only as granted in writing by Peregrine.
3.4. Operation Restrictions. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a laptop, mobile device or other touch screen and any of their applications. Customer agrees that the Users will be instructed to only utilize the int erface for the Service at times when it is safe to do so.
Peregrine is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle.
3.5. Customer Logo. Peregrine may use Customer’s name and logo in Peregrine’s lists of customers provided that such use will comply with any standard trademark guidelines provided by Customer to Peregrine.
3.6. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Peregrine by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or f unctionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Peregrine is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.
4. Fees & Payment.
4.1. Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs. All fees are non-refundable except to the extent otherwise expressly set forth in this Agreement.
4.2. Payment Terms. Except as set forth on the Order Form, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.
4.3. Taxes. Peregrine’s fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights. The “Peregrine Technology “means (a) the Peregrine name, the Peregrine logo, and other trademarks and service marks; (b) audio and visual information, documents, software and other works of authorship, including training materials; (c) other technology included in the Service, including Client-Side Software, graphical user interfaces, workflows, products, processes, algorithms, know -how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under this Agreement; and (d) the work product or other results of Professional Services. Peregrine owns and shall retain all rights in the Peregrine Technology. Othe r than as expressly set forth in Section 2.1 above, no license or other rights in or to the Peregrine Technology or related intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.
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6. Data Access, Sharing and Security.
6.1. Customer Data. Peregrine may access, reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and Training Services and any Professional Services. Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g., frequency of logins) (“Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity, including Customer or its Users (“ Aggregated Data ”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine Insights and Aggregated Data on termination of this Agreement. Peregrine may choose to terminate the provision of any Customer Data via the Service if the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.2. CJIS Security Policy. Peregrine has implemented procedures to allow for adherence to the CJIS Security Policy. The hosting facility for the Service uses access control technologies that meet or exceed CJIS requirements.
In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to the CJIS Security Policy.
6.3. Third Party Data. Any Third Party Data that Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of a ny Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.4. Processing of Personal Information. Peregrine’s rights and obligations with respect to Personal information it collects directly from individuals are set forth in Peregrine’s Privacy Policy <https://peregrine.io/privacy-policy/>.
Personal Information included within Customer Data and processed by Peregrine on behalf of Customer is governed by this Agreement.
6.5. Sensitive Information; Marking Requirements . To the extent Customer provides Customer Data that Customer considers to be sensitive, proprietary, restricted, or otherwise requiring sensitive treatment (“ Sensitive Information”), Customer is solely responsible for providing appropriate markings to designate the applicable Customer Data as Sensitive Information. Customer shall provide Peregrine with documentation and/or instructions in writing with sufficient detail for Peregrin e to identify and distinguish con tent that is Sensitive Information within other provided Customer Data. Customer shall ( a) mark Sensitive Information on its face, ( b) make the appropriate designations for Sensitive Information in document metadata, (c) provide Peregrine with a table or other list of Sensitive Information that contains sufficient detail to identify the Sensitive Information ; or (d) identify Sensitive Information to Peregrine in some other mutually agreed upon method. Peregrine shall not be responsible for failure to designate Sensitive Information with specific access control status based on Customer failure to provide sufficient information to identify Sensitive Information.
7. Confidentiality.
7.1. Definition of Confidential Information. The term “ Confidential Information ” means all confidential and proprietary information of a party (“ Disclosing Party”) disclosed to the other party (“ Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including Customer Data, any Third Party Data, the Serv ice, the Documentation, the Peregrine Technology, b usiness and marketing plans, technology and technical information, product designs, and business processes.
7.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party except to perform its obligations or exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case-by-case basis. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 November 8, 2024
8 Proprietary and Confidential
provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
7.3. Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
7.4. Public Records Act s. Peregrine acknowledges that Customer is a public entity and may be governed by applicable laws, rules, or regulations relating to public records (each a “Public Records Act”). Nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with an applicable Public Records Act to the extent legally required.
7.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 7, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.
8. Warranties & Disclaimers.
8.1. Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise substantially conform to its associated documentation.
8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, PEREGRINE MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE, THE PEREGRINE
TECHNOLOGY, ANY THIRD PARTY DATA AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT. PEREGRINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnification.
9.1. Indemnification by Peregrine. Peregrine shall at its expense defend Customer and its officers, directors, officials, agents, volunteers and employees (“ Customer Indemnified Parties ”) against any claim made or brought against any Customer Indemnified Party by a third party alleging that the Service as provided to Customer and when used in accordance with this Agreement infringes any intellectual property rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Par ties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer without Customer’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed ); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance in the defense and settlement of the Customer Claim. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any e ntity other than Peregrine (where the liability would not have arisen but for such modification) , (iii) any combination of the Service with services or technologies not provided by Peregrine (where the liability would not have arisen but for such combination), (iv) Customer’s use of the Service or portion thereof after Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1, or (v) Third Party Products. If in Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine liability, Peregrine may in its discretion (x) obtain a license to enable Customer Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 November 8, 2024
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to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license t o the infringing portion of the Service and refund the amount of any pre -paid fees applicable to the portion of the terminated Services to be provided after the termination date.
9.2. Indemnification by Customer. To the extent permitted by applicable law, Customer shall at its expense defend Peregrine and its officers, directors, officials, agents, volunteers and employees (“ Peregrine Indemnified Parties”) against any claim made or brought against any Peregrine Indemnified Party by a third party based on: (a) Customer’s or any User’s negligence, gross negligence, fraud, or willful misconduct; (b) Customer’s or any User’s use of the Service in a manner not authorized by this Agreement; or (c) Customer Data or Peregrine’s authorized use of such Customer Data (each, a “ Peregrine Claim ”), and shall indemnify and hold Peregrine Indemnified Parties harmless from and against any and all liability, loss, damage, c laims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Customer in a settlement with respect to such Peregrine Claim; provided, that Peregrine (i) promptly gives written notice of the Peregrine Claim to Customer; (ii) gives Customer sole control of the defense and settlement of the Peregrine Claim (provided that Customer may not agree to any settlement that imposes any liability or obligation on Peregrine without Peregrine’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (iii) provides to Customer, at Customer’s cost, all reasonable assistance in the defense and settlement of the Peregrine Claim.
9.3. Sole Remedy . THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PEREGRINE’S SOLE
LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS BY THIRD PARTIES RELATING TO THE SERVICE OR ITS USE.
10. Limitation of Liability.
10.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S BREACH OF SECTION 7, A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS, OR A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL
MISCONDUCT, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS,
LOSS OF USE, COSTS OF PROCUREMEN T OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. Liability Cap. IN NO EVENT SHALL PEREGRINE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO
THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID T O PEREGRINE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
11. Term & Termination.
11.1. Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“ Term”), unless earlier terminated in accordance with the Order Form or Section 11.2
11.2. Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination.
11.3. Data. Upon expiration or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its posses sion or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data.
11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5,
6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12.
12. General Provisions.
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12.1. Insurance. Peregrine shall maintain the insurance coverages described on Appendix A: Insurance.
12.2. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any capacity whatsoev er as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.
12.3. Peregrine’s Books and Records. To the extent required by applicable laws, rules, or regulations, Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be ma de available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer.
12.4. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial -of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “ Force Majeure Event ”). Upon the occu rrence of a Force Majeure Event, the non - performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
12.5. Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227(ALT III), as applicable.
12.6. Additional Government Terms. Peregrine acknowledges that Customer may be a public entity and, accordingly, certain additional laws, rules, and regulations may take precedence over the terms and conditions of this Agreement (the “ Additional Government Terms ”). The Additional Government Terms, if any, are attached hereto as Error! Reference source not found. , and will govern to the extent of any conflict with any other term of this Agreement.
12.7. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
(a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form.
12.8. Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplis h the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
12.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a par ty to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
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12.10. Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Kern County, CA or in the United States District Court for the Eastern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction injunctive or similar relief in connection with the enforcement of this Agreement.
12.11. Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion
12.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Notwithstanding any language to the contrary therein , no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorpor ated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.
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Appendix A: Insurance
Peregrine, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Peregrine’s bid or proposal. Per egrine shall be fully responsible for the acts and omissions of its subcontractors or other agents.
Workers’ Compensation. Peregrine shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Peregrine in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verification that Peregrine is a sole proprietor and does not have any employees and will not have any empl oyees during the term of this Agreement.
Commercial General and Automobile Liability Insurance
General requirements. Peregrine, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks assoc iated with the work contemplated by this Agreement.
Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Peregrine has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. Customer, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Peregrine, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Peregrine. Coverage can be provided in the form of an endorsement to the Peregrine’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Peregrine’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, agents or volunteers shall be excess of the Peregrine’s insurance and non-contributing.
d. The policy shall cover inter -insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Peregrine agrees to give at least 30 days prior written notice to Customer before coverage is canceled or modified as to scope or amount.
Professional Liability Insurance.
General requirements. Peregrine, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Peregrine’s errors and omissions.
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Peregrine must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement.
All Policies Requirements.
Submittal Requirements. Peregrine shall submit the following to Customer prior to beginning services:
Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
Deductibles and Self-Insured Retentions. Insurance obtained by the Peregrine shall have a self-insured retention or deductible of no more than $100,000.
Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
Waiver of Subrogation. Peregrine hereby agrees to waive subrogation which any insurer or contractor may require from Peregrine by virtue of the payment of any loss. Peregrine agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Customer for all work performed by the Peregrine, its employees, agents, and subcontractors.
Subcontractors. Peregrine shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Peregrine shall ensure that Customer, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
Excess Insurance. If Peregrine maintains higher insurance limits than the minimums specified herein, Customer shall be entitled to coverage for the higher limits maintained by the Peregrine.
Remedies. In addition to any other remedies Customer may have if Peregrine fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option, order Peregrine to stop work under this Agreement and withhold any payment that becomes due to Peregrine hereunder until Peregrine demonstrates compliance with the requirements hereof, or terminate this Agreement.
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Appendix B: Provisions for California Public Entities
Compliance with Applicable California Laws . Peregrine shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
California Public Records Act . Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Agreement shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.
PERS Indemnification by Peregrine . In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer.
Political Reform Act Conflicts . Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
California State Auditor Requirements . Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Docusign Envelope ID: 00060EAB-B326-4A91-A347-E1BF6500BB29 Certificate Of Completion
Envelope Id: 00060EAB-B326-4A91-A347-E1BF6500BB29
Status: Completed
Subject: Complete with Docusign: Peregrine 2024 Agrmt Final.pdf Source Envelope:
Document Pages: 17
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 0
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
12/16/2024 4:03:38 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: DocuSign
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Nicholas Noone
[email protected]
President & CEO
Peregrine Technologies, Inc.
Security Level: Email, Account Authentication
(None)
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Using IP Address: 174.194.193.137
Signed using mobile
Sent: 12/16/2024 4:05:44 PM
Viewed: 12/16/2024 4:06:21 PM
Signed: 12/16/2024 4:06:31 PM
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 4:06:21 PM
ID: 9fff9ee4-fcf9-4f73-8214-f96595b2ee54
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.46.226.5
Sent: 12/16/2024 4:06:32 PM
Viewed: 12/16/2024 4:41:03 PM
Signed: 12/16/2024 4:44:54 PM
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 4:41:03 PM
ID: 27a83f9f-1d50-4fb8-8e9b-82e75e3c8594
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Nicholas Noone, Gregory Pronovost
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ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2025 AGENDA CATEGORY: Consent - PSVS TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: December 4, 2024
SUBJECT: Amendment 2 to Agreement No. 2023 -028 with Citiguard, Inc., for High Visibility Patrol Services.
($1,193,500; not to exceed $3,482,948 and term date of January 31, 2026) to continue high visibility private security patrols.
RECOMMENDATION:
Staff recommends approval this amendment.
BACKGROUND:
On September 11, 2019, City Council unanimously voted to pursue the immediate addition of private security patrols to the areas of the city most impacted by increases in crime. The pilot project resulted in a positive impact upon the areas in which the Prevention Patrol Strategy was deployed.
The program, and practice of using private security for providing high visibility patrol functio ns in areas identified as high crime areas has shown a measurable impact in the reduction of quality-of-life crimes for our community members. It is the intent of the Bakersfield Police Department to continue and expand the use of private security contract ors for patrolling (vehicle, bicycle & foot) identified areas where activities which diminish quality of life of community members occur.
Given the positive impact of the of the pilot project, the Bakersfield Police Department (BPD) solicited a Request for Proposals to continue private security patrols throughout the city specifically areas of the city most impacted by increases in crime. On November 8, 2022, which closed on November 22, 2022. After the interviews were complete, it was determined that Cit iguard Inc. could best meet the demands and requirements of the city and the Bakersfield Police Department.
On January 25, 2022, City entered into Agreement No. 2023 -028 with Citiguard, Inc. for a total compensation of $1,100,000 and a term date of January 31, 2024, to provide high visibility private security patrols as directed by the BPD, to areas in the city most impacted by crime.
On January 10, 2024, City amended Agreement No. 2023 -028 increasing total compensation by $1,189,448 for a new not to exceed amount of $2,289,448, and a new term date of January 31, 2025.
Since the execution of this agreement Citiguard, Inc. has enhanced crime prevention, by providing high- visibility patrol services throughout the City of Bakersfield.
The BPD now desires to continue these services by extending Agreement No. 2023 -028 for a new term date of January 31, 2026, and increasing compensation by $1,193,500, for a total compensation not to exceed $3,482,948 to continue patrol services.
FISCAL IMPACT:
Funding for this agreement is within the Police Departments Fiscal Year 2024-25 budget and subsequent years budgets.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Amendment (2) to Agreement No. 2023-028
Exhibit “A” – updated rate sheet