____________________________________________________________________________ MANAGER AGREEMENT Revised February 24, 2022 Page 1 of 5 Pages AGREEMENT NO._________________ AMENDMENT NO. 8 TO AGREEMENT NO. 19-070 This AMENDMENT NO. 8 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 for additional CM Services for an additional amount not to exceed $253,609.78; and ____________________________________________________________________________ MANAGER AGREEMENT Revised February 24, 2022 Page 2 of 5 Pages WHEREAS, on October 23, 2024, CITY and MANAGER entered into Amendment No. 6 to this Agreement for additional CM Services for an additional amount not to exceed $120,000.00; and WHEREAS, on January 8, 2025, CITY and MANAGER entered into Amendment No. 7 to this Agreement for additional CM Services for an additional amount not to exceed $127,376.57; and WHEREAS, the PROJECT is now estimated to be substantially complete by April of 2025 with post construction/project closeout activities continuing through late-2025; and WHEREAS, MANAGER has provided to the CITY the Supplemental Cost Proposal attached hereto as Exhibit C-8; and WHEREAS, CITY and MANAGER now desire to enter into Amendment No. 8 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 $155,324.49 for a total compensation of $25,734,346.47. 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 MANAGER 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 MANAGERS Cost Proposal as provided in Exhibits C, C-1, C-2, C-3, C-4, C-5, C-7, and C-8, 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 CITYs 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 ____________________________________________________________________________ MANAGER AGREEMENT Revised February 24, 2022 Page 3 of 5 Pages 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 $24,556,439.90. 2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $1,167,906.57. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by amendment of the Agreement.2.2.The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee, shall not exceed $25,734,346.47 (Compensation). 3. Section 5 of AGREEMENT entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 5. TIME FOR COMPLETION. MANAGER shall complete all assigned tasks set forth in the Scope of Work no later than December 31, 2025. 4. Section 6 of AGREEMENT entitled "PERFORMANCE PERIOD AND TERM" is hereby amended to read as follows: 6. PERFORMANCE PERIOD AND TERM. This Agreement shall go into effect on May 8, 2019, contingent upon approval by CITY, and MANAGER shall commence work after notification to proceed by CITY's Contract Administrator. The contract shall end on June 30, 2026, unless extended by contract amendment. MANAGER is advised that any recommendation for contract award is not binding on CITY until the Agreement is fully executed and approved by CITY. Should any claims against CITY or MANAGER arising out of the Scope of Work be asserted during the term of this Agreement, CITY and MANAGER may agree to extend the termination date of this Agreement. 5.Except as amended herein, all other provisions of Agreement No. 19-070, as amended, shall remain in full force and effect. ____________________________________________________________________________ MANAGER AGREEMENT Revised February 24, 2022 Page 4 of 5 Pages IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY MANAGER CITY OF BAKERSFIELD AECOM Technical Services, Inc. By: By: KAREN GOH, Mayor MATTHEW GOLLAN Managing Engineer APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENTBy: ZACHARY MEYER Public Works Director [Signatures on Following Page]
____________________________________________________________________________ MANAGER AGREEMENT Revised February 24, 2022 Page 5 of 5 Pages APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ASHLEY ZAMBRANO Deputy City Attorney II Insurance: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Exhibits: Exhibit C-8 Supplemental Cost Proposal S:\1 - TRIP PROJECTS\04f - Mainline and Ramps\550 - Construction\550B - Contract Amendments\AECOM\Amendment 6\Amendment 6 to 19-070.doc PersonnelHrs $$ Hrs $$Construction Inspector AECOM201.03$ 90 18,092.98$ 90 18,092.98$ 180 36,185.97$ Resident Engineer281.60$ 90 25,344.10$ 90 25,344.10$ 180 50,688.21$ ARE/SR AECOM216.67$ 90 19,500.37$ 90 19,500.37$ 180 39,000.74$ Construction Inspector V&A207.53$ 0 -$ 0 -$ 0 -$ Office Engineer V&A115.30$ 90 10,377.10$ 90 10,377.10$ 180 20,754.19$ TOTAL HOURS +LABORDOLLARS360 73,314.55$ 360 73,314.55$ 720 146,629.11$ ODC$$538.39$ 538.39$ 1,076.79$ FEE 10%1,809.30$ 1,809.30$ 3,618.60$ Per Diem $200/day2,000.00$ 2,000.00$ 4,000.00$ 77,662.24$ 77,662.24$ 155,324.49$ LOADED RATE TOTAL HOURSTOTAL LABOR $$Exhibit C- - Supplemental Cost ProposalMar-25 Apr-25