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Agreement with Exhibit(2).pdf

Bakersfield City Council
February 12, 2025

Document
Agreement with Exhibit(2).pdf
Meeting
February 12, 2025
Body
Bakersfield City Council
Pages
1
Original file
992 KB
Text extracted from the city's file for reading and search. Open the original on pub-bakersfield.escribemeetings.com. That file is the official record.

-- Page 1 of 3 Pages --
AGREEMENT NO. 2024-125 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2024-125
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-125 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and AMERICAN INTERNATIONAL ENVIRONMENTAL, INC. , a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on March 4, 2024, CITY posted a Request for Qualifications and Proposals (RFQ&P) for Landfill Gas System Services for the Bakersfield Sanitary Landfill (BSL); and
WHEREAS, CONTRACTOR submitted a response to the RFQ&P representing CONTRACTOR is experienced, well qualified and a specialist in the fields of design and engineering for Landfill Gas System Services; and
WHEREAS, on May 22, 2024, CITY and CONTRACTOR entered into Agreement No. 2024 -125 in the amount of Two Hundred Thousand Dollars ($200,000) for landfill gas system services at Bakersfield Sanitary Landfill (BSL); and WHEREAS, the parties desire to amend Agreement No. 2024-125 to extend the term to May 22, 2026 and to increase compensation by Two Hundred Twenty Thousand Dollars ($220,000) for a total compensation not to exceed Four Hundred Twenty Thousand Dollars ($420,000) to continue landfill gas system services at Bakersfield Sanitary Landfill (BSL)
NOW, THEREFORE, incorporating the for egoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. Section 2 of Agr eement No. 2024-125 entitled “COMPENSATION ” is hereby amended to read as follows:

Compensation for all work, services or products called for under this Agreement shall consist of a total payment of FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000) which shall be paid as set forth in Exhibit A attached here to and incorporated by reference herein.

Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 -- Page 2 of 3 Pages --

2. Section 3 of Agreement No. 2024 -125 entitled “Term” is hereby amended to read as follows:

3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on May 22, 2026 and shall be renewable annually thereafter for three (3) consecutive one-year periods.

3. Except as amended herein, all provisions of Agreement No. 2024-125 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-125 to be executed the day and year first above written. “CITY” “CONTRACTOR”

CITY OF BAKERSFIELD AMERICAN INTERNATIONAL
ENVIRONMENTAL, INC.

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: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0

KAMBIZ JOZITEHRANI
CEO
-- 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\AIEInc2024-125(1).Docx
Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 1 Exhibit "A"
F

EE SCHEDULE
Landfill Gas System
Services for 2025-26 Fiscal
Year Bakersfield, California

1. M onthly probe monitoring and reporting
for regulatory compliance. More than $3,127.00
once if needed.

2. M
onthly system inspection and performance
monitoring for maintenance and recommendations. $4,134.00 More than once if needed.

3. P
eriodic surface emission monitoring
and reporting as required. $5,883.00

4. M
onthly carbon tank emission testing and reporting
as required. $2,756.00

5. S
ystem adjustments, including PLC program
changes, condensate removal and disposal, carbon
media exchange and disposal as needed. $Time & Material

6. S
ystem repairs, modifications, and additions,
including design and construction. $Time & Material

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

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 COMPENSATION

AND EMPLOYERS' LIABILITY

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 IN ACCORDANCE 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 on this 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
1/20/2025
License # 0757776
(310) 568-5900
15792
American International Environmental Inc (AIE Inc.)
3301 E Miraloma Ave Ste 191
Anaheim, CA 92806
A 1,000,000
X X CSIEL0107901 1/15/2025 1/15/2026 100,000
10,000
1,000,000
2,000,000
2,000,000
POLL & PROF 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The general liability policy will include City of Bakersfield, Its Mayor, Council, Officers, Agents, Employees and Volunteers as additional insured per form CG20100704/CG20370704. The General Liability Policy will include a blanket waiver of subrogation in favor of the certificate holder as required by written contract. The General Liability Policy will be primary and non-contributory with any insurance maintained by the Certificate Holder as required under a written contract. Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date.City of Bakersfield Office of Risk Management
1600 Truxton Avenue
Bakersfield, CA 93301
AMERINT-19 GCHENG
HUB International Insurance Services Inc.
600 Corporate Pointe Suite 600
Culver City, CA 90230 [email protected] Underwriters at Lloyd's London
X
X
X
Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 CG 20 10 07 04
Policy Number: CSIEL0107901 COMMERCIAL

GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
City of Bakersfield, it’s mayor, council, officers,
agents, employees and volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 CG 20 37 07 04
© ISO Properties, Inc., 2004
Policy number: CSIEL0107901 COMMERCIAL

GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):

Location And Description Of Completed
Operations
City of Bakersfield, it’s mayor, council, officers,
agents, employees and volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard".

Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Policy Number: CSIEL0107901
CSI EL 000 0017

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDED WAIVER OF SUBROGATION ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY

CONTRACTORS POLLUTION LIABILITY

TRANSPORTATION POLLUTION LIABILITY
We waive any right of recovery against the person(s) or organization(s) shown in the Schedule below because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule below.

SCHEDULE
Name of Person or Organization:

If no person or organization is entered in the Schedule above, then the waiver applies to, any person or organization that is:
(1) An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if:
(a) That request is made prior to the date your operations for that person or organization commenced; and
(b) A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or
(2) A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if:
(a) That request is made prior to the date your operations for that person or organization commenced; and
(b) A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker.

All other terms and conditions of this policy remain unchanged.

Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Policy Number: CSIEL0107901

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Docusign Envelope ID: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0 Certificate Of Completion
Envelope Id: 7C0BCE13-D9A1-41CD-9DB3-8EAA3A87F0F0
Status: Completed
Subject: Complete with Docusign: AIE Inc 2024-125 (1).pdf Source Envelope:

Document Pages: 14
Signatures: 1
Envelope Originator:

Certificate Pages: 4
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
1/22/2025 2:09:13 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
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Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: DocuSign
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KAMBIZ JOZITEHRANI
[email protected]
CEO
Security Level: Email, Account Authentication
(None)

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Using IP Address: 47.155.178.15
Sent: 1/22/2025 2:11:23 PM
Viewed: 1/24/2025 9:09:38 AM
Signed: 1/24/2025 9:10:55 AM
Electronic Record and Signature Disclosure:

Accepted: 1/24/2025 9:09:38 AM
ID: 5589180c-9689-4950-9e7d-aeb562a97d90
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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.

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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: KAMBIZ JOZITEHRANI
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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