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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
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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
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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
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