Minutes, regular meeting, second session — Bakersfield City Council, March 26, 2025 (part 2 of 3)

24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).

31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Laboratory Services for Wastewater Division RFQ/P
S:\Engineering\Annual Contract & Request For Proposal\RFP Laboratory Services\2025\RFQP Laboratory Services - 2025.docx

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Bakersfield, California 93301

CONTRACTOR: ____________________________

32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.

33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

34. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”

CITY OF BAKERSFIELD
By:________________________________ By:_________________________________

KAREN GOH
Mayor Print Name:

Title:
[Signatures on Following Page]

DO NOT HAVE STAND ALONE SIGNATURE PAGE
Laboratory Services for Wastewater Division RFQ/P
S:\Engineering\Annual Contract & Request For Proposal\RFP Laboratory Services\2025\RFQP Laboratory Services - 2025.docx

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APPROVED AS TO CONTENT:

CITY DEPARTMENT NAME
By:_______________________________

DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
COUNTERSIGNED:

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
Laboratory Services for Wastewater Division RFQ/P
S:\Engineering\Annual Contract & Request For Proposal\RFP Laboratory Services\2025\RFQP Laboratory Services - 2025.docx

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“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________ Laboratory Services for Wastewater Division RFQ/P
S:\Engineering\Annual Contract & Request For Proposal\RFP Laboratory Services\2025\RFQP Laboratory Services - 2025.docx

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Attachment RFQ/P-4 -- Request for Information Form
Request for Information Form – Laboratory Services for the Wastewater Division, Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Jesus Banuelos, Engineer II
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.

Date Submitted: Submitted by: Consultant:

Contact Person:

Address:

Telephone Number:

Facsimile Number:

QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:

Addendum Required: YES___________ NO ______________

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent Calendar - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: March 6, 2025
SUBJECT: Economic Opportunity Area Grant Agreement ($83,513) with Moo Creamery, LLC for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public (Ward 2) RECOMMENDATION:

Staff recommends approval of the grant agreement.

BACKGROUND:

Adopted in 2016, the City of Bakersfield’s Economic Opportunity Area Plan is a locally initiated program that uses public tax dollars to promote economic growth within specific geographic areas of Bakersfield.

Implementation of the Plan is anticipated to facilitate increased private sector investment that will in turn create more tax revenue, promote businesses growth, and generate new jobs.

The Economic Opportunity Area (EOA) Incentive Program offers resources to encourage business growth and redevelopment with financial assistance, such as grants and development assistance, for a business or non-profit within an EOA or planning to open or expand within an EOA. The EOA Incentive Program was created to encourage the redevelopment of vacant property or buildings with grants for site and building improvements, business expansion or moving costs, development fees, or costs of required public improvement projects.

The EOA Incentive Program meets City Council goals 1, 3, and 4 supporting economic opportunity for all, creating reliable infrastructure, and improving community character and quality of life. It makes targeted investments and provides incentives in strategic areas to increase economic activity and neighborhood revitalization.

On October 3, 2024, the City’s Economic & Community Development Department (ECD) released a Notice of Funding Availability (NOFA) for the Downtown EOA Business Improvement Grant Program, with grant award recommendations approved by the City’s Finance, Economic Development, and Jobs Council Committee on January 27, 2025.

The City received an application from Moo Creamery, LLC, for their property at 801 18th Street within the Downtown EOA. This business requested $83,513 for tenant improvements to cover the costs associated with the purchase of equipment, materials and furnishings for new business space that is open to the public, which are eligible costs within the Downtown EOA Business Improvement NOFA. The improvements would assist in facilitating a longstanding business to relocate to the 18th Street Corridor and promotes the use of previously vacant space, creates new jobs, and provides new restaurant amenities for the community.

The project enhances aesthetics, development, and investment in the community. The project is harmonious with the surrounding properties and uses, and offers goods and services deemed desirable and appropriate within the Downtown EOA. Therefore, staff recommend approval of the grant agreement.

FISCAL IMPACT:

Economic Opportunity Area projects were budgeted in the fiscal year 24-25 PSVS operating budget.

COUNCIL GOAL:

Economic Opportunity for All
WARD: 2
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: March 12, 2025
SUBJECT: Termination of EOA Grant Agreement 2024-039 with The Bakersfield Sound Co. ($49,000)
(Ward 2)
RECOMMENDATION:

Staff recommends termination of the grant agreement.

BACKGROUND:

The Economic Opportunity Area (EOA) Incentive Program offers incentives to encourage business growth and redevelopment with financial assistance, such as grants and development assistance, for a business or non-profit within an EOA or planning to open or expand within an EOA.

The Bakersfield Sound Co. was recommended for a grant award of $49,000 for rental reimbursement assistance for their new business location at 1018 18th Street within the Downtown EOA. The financial support would create multiple new full-time jobs and support other economic activity. On February 14, 2024, the City Council approved Agreement No. 2024-039. To date, The Bakersfield Sound Co. has received $40,000 in rental reimbursement support for the period from December 2023 to September 2024.

Staff were made aware and Bakersfield Sound Co. confirmed that they relocated their business to 10715 Rosedale Highway, outside of the Downtown EOA and outside of city limits. Sections 6 and 22 of Agreement No. 2024-039 include specific requirements that the business be located within the EOA and in operation at the location for at least one year to be eligible for grant funding. Therefore, due to the relocation of the business to 10715 Rosedale Highway prior to one year of operations, and given the terms of Agreement No. 2024-039, Staff requests the City Council to terminate Agreement No. 2024- 039.

FISCAL IMPACT:

There is no impact on the General Fund. The remaining $9,000 in funds will be reallocated to other eligible EOA projects.

COUNCIL GOAL:

Innovative and Efficient City Government
WARD: 2
ATTACHMENT:

Termination Letter

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: March 11, 2025
SUBJECT: Agreement with Community Action Partnership of Kern (CAPK) ($500,000) in Homeless Housing, Assistance and Prevention
Round-4 funds to complete predevelopment related to the former Ramkabir Motel at 901 Union Avenue. (Ward2)
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

On July 19, 2021, the Governor and Legislature approved Assembly Bill 140 which provided Round 4 funding to local governments under the Homeless Housing Assistance and Prevention Program Round 4 (HHAP-4). A priority of the HHAP-4 Action Plan includes a set aside for the construction of Permanent Supportive Housing (PSH) for people experiencing or at-risk of homelessness. The City of Bakersfield’s allocation of HHAP-4 funds was $4,283,319.84.

On April 24, 2024, the City of Bakersfield purchased property at 901 Union Ave., Bakersfield, CA 93305, (Ramkabir Motel). The goal of the acquisition was to convert the property into Permanent Supportive Housing (PSH) when funding resources became available.

The property includes 37 units and one large rental office/manager’s office, which are proposed to be converted to approximately 30 units of PSH and a community kitchen, multipurpose room, two office spaces, guard office, storage, conference room, and laundry facilities.

The Homekey+ program is a statewide initiative aimed at developing PSH for veterans and individuals with mental health and/or substance use disorders who are at risk of or currently experiencing homelessness. The Homekey+ competitive grant is administered through the State Department of Housing and Community Development (HCD) and $2.145 billion is available statewide for the program.

In partnership with CAPK, the City of Bakersfield is applying for Homekey+ funding. It should be noted IF the City receives such funding, it will be recommended that such funds be used to provide services and further rehabilitate the Ramkabir.

Due to the strict timing requirements of the Homekey+ program, staff recommends Council approve the Agreement with Community Action Partnership of Kern (CAPK) an amount not to exceed $500,000 to complete the predevelopment work for the construction of the new PSH units. This action will assist the City in meeting its HHAP-4 priority of expanding PSH units. This agreement has a term of one year ending February 28, 2026. If awarded a Homekey+ grant, construction would be anticipated to start on the Ramkabir PSH Project in Summer 2025. If the City is not awarded a Homekey+ grant, staff would continue to seek other resources such as the anticipated Encampment Resolution Fund. All potentially eligible grant programs include points for projects that have completed the predevelopment plan and this agreement would prepare the city to be more competitive for grant resources.

FISCAL IMPACT:

No fiscal impact to the General Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENT:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Director - Economic & Community Development Department DATE: March 10, 2025
SUBJECT: Agreement with The Open Door Network (not to exceed $1,000,000) to administer and operate a Financial Assistance Program for homelessness prevention, and diversion services
RECOMMENDATION:

Staff recommends approval of agreement.

BACKGROUND:

As part of the Fiscal Year 2023-24 Mid-Year Budget, the Bakersfield City Council approved funding for a one-time financial assistance program to support individuals and families experiencing or at risk of homelessness. The City sought a financial assistance service provider that is an expert in this service provision and prioritizes quality service, collaboration, and advocacy for vulnerable populations.

To identify the most qualified partner, the City issued a Request for Proposal (RFP) on October 25, 2024, with a submission deadline of November 22, 2024. A total of nine proposals were received and thoroughly reviewed. Each proposal was evaluated based on its ability to effectively serve those in need and align with the City’s goals for the program.

Among the submissions, The Open Door Network (TODN) demonstrated exceptional expertise in providing Homelessness Prevention and Diversion. As the highest-ranked proposal, and with their proven experience and commitment to addressing homelessness effectively, TODN was selected to administer and operate the Financial Services Program in the amount of $1,000,000 for Homelessness Prevention, Diversion, and Rapid Rehousing/Exit services. The term of this Agreement shall commence on April 1, 2025, and end on June 30, 2027. This program is expected to assist a total of 302 households with homelessness prevention and diversion services.

FISCAL IMPACT:

The project was included as part of the Fiscal Year 2023-24 Mid-Year Budget COUNCIL GOAL:

Safety and Resilience
ATTACHMENT:

Agreement

PRODUCER

INSURED
NonProfits United
15105
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 1/1/2025
The Open Door Network
DBA Bakersfield Homeless Center
1921 19th Street
Bakersfield, CA93301
NPU-WCG 001-2025 1/1/2025 1/1/2026
1/1/2025 1/1/2026
Waiver of Subrogation in favor of City of Bakersfield Office of Risk Management.

City of Bakersfield Office of Risk Management
1600 Truxtun Ave
Bakersfield, CA 93309
SP4067530
NonProfits' United Workers' Compensation Group
610 Fulton Avenue, Suite 200
Sacramento, CA 95825
BAKERHC-7639
Y
Bree Wallace
[email protected]
NPU-WCG 001-2025
SP4067530
City of Bakersfield Office of Risk Management
1600 Truxtun Ave
Bakersfield, CA 93309
Waiver of Subrogation in favor of City of Bakersfield Office of Risk Management. 1/1/2025
1/1/2025
1/1/2026
1/1/2026
Safety National Casualty Corporation
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Authorized Representative for NPU-WCG
Jan 1, 2025
The Open Door Network
January 1, 2025 January 1, 2026
City of Bakersfield Office of Risk Management
1600 Truxtun Ave
Bakersfield, CA 93309
DESCRIPTION OF OPERATIONS/LOCATIONS ADDED BY ENDORSEMENT:

City of Bakersfield Office of Risk Management

THIS ENDORSEMENT CHANGES THE MEMORANDUM OF COVERAGE

PLEASE READ IT CAREFULLY

WAIVER OF TRANSFER OF RIGHTS OF

RECOVERY AGAINST OTHERS TO US
NonProfits' United Workers' Compensation Group
Memorandum of Coverage: NPU-WCG 001-2025
This endorsement modifies the coverage provided under the following:

Momorandum of Coverage: PART ONE: WORKERS' COMPENSATION COVERAGE Paragraph H. RECOVERY FROM OTHERS is amended with respect to the following: Name and Address of Person or Organization:

NPU-WCG waives any right of recovery it may have against the person or organization shown above because of payments made by NPU-WCG for injury or damage arising out of the Members’ operations done under a contract with that person or organization shown above and included in the coverage provided by the Memorandum of Coverage. This waiver applies only to the person or organization shown on the Schedule Above.

This endorsement is part of the Memorandum of Coverage and is effective on the date shown below.

All other terms and conditions remain unchanged.

Effective Date
Member
Endorsement No:

Expiration Date:

Date Issued:

NPU-WCG MOC:

Page 1 ends

NPUWCG-BAKERHC-

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 7, 2025
SUBJECT: Assignment of Long-Term Ground Lease Agreement No. 05-056 (2) for Hangar Space A8 to assign the rights and obligations of Dirk Leland Bentz and Renee Marie Bentz, Trustees of the Bentz Family Trust dated January 8, 2015, to Hamed Allen.

RECOMMENDATION:

Staff recommends approval of the assignment.

BACKGROUND:

As background, on the November 19, 2003, City Council Meeting, Agreement No. 03-325 was approved establishing the Long-Term Ground Lease Agreement with the original leaseholder, Charles Douglas.

On February 9, 2005, the City Council approved Agreement No. 05-056 which assigned the Long-Term Ground Lease Agreement No. 03-325 with the original leaseholder, Charles Douglas, to Kurt Sickles.

On February 7, 2018, the City Council approved Agreement No. 05-056 (1) which assigned the Long-Term Ground Lease Agreement No. 05-056 from Kurt Sickles to Billy Ray Cox.

On October 20, 2021, the City Council approved Agreement No. 05-056 (2) which assigned the Long-Term Ground Lease Agreement No. 05-056 (1) from Billy Ray Cox to the current lessee, Dirk Leland Bentz and Renee Marie Bentz, Trustees of the Bentz Family Trust dated January 8, 2015.

Dirk Leland Bentz and Renee Marie Bentz, Trustees of the Bentz Family Trust dated January 8, 2015, now desire to assign interest in the ground lease to Hamed Allen. The Long-Term Ground Lease Agreement allows for this assignment. The $200 processing fee required by the agreement has been paid. This assignment will transfer all ground lease terms to Hamed Allen, including the monthly rent of $40.

FISCAL IMPACT:

As this is a lease that generates revenue for the Aviation Fund, there is no fiscal impact on the General Fund.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

1. Signed Agreement

2. Exhibit A 05-056.pdf
T:\Attorney-Boiler\Assign Long Term Ground Lease
3/11/2025

ASSIGNMENT OF

BAKERSFIELD MUNICIPAL AIRPORT

LONG-TERM GROUND LEASE
LEASE AGREEMENT NO. _______________
For value received, Dirk Leland Bentz and Renee Marie Bentz, Trustees of The Bentz Family Trust dated January 8, 2015 (“Assignor”), whose address is PO Box 5391, Bakersfield, Kern County, California 93388, assigns, transfers, and conveys to Hamed Allen (“Assignee”), whose address is 21781 Ventura Boulevard #301, Woodland Hills, Los Angeles County, California 91364, all of Assignor’s right, title and interest in that certain Bakersfield Municipal Airport Ground Lease, Lease Agreement No. 05-056 (2) between Assignor and the City of Bakersfield, dated October 20, 2021 (“Ground Lease”). A copy of said Ground Lease is attached as Exhibit “A” and incorporated herein by reference.

Assignor warrants that the Ground Lease is in full force and effect and that there has been no breach by any of the parties to the Ground Lease. Assignor further warrants that Assignor is in full compliance with all the terms and conditions of the Ground Lease, that Assignor has the right to assign the Ground Lease and that Assignor has not assigned or encumbered all or any part of Assignor’s rights under the Ground Lease.

Assignee accepts the above assignment and assumes all of the obligations of Assignor under the Ground Lease. Assignee agrees to perform all obligations to be performed by Assignor under the Ground Lease according to its terms and conditions from and after the date of this assignment.

Assignee agrees to indemnify, defend, and hold Assignor and the City of Bakersfield harmless from any and all liabilities, claims, causes of action, or expenses with respect to the Ground Lease to the extent relating to or caused by acts, events, omissions, or conditions arising after the date of this assignment.

Assignor agrees to indemnify, defend, and hold Assignee and the City of Bakersfield harmless from any and all liabilities, claims, causes of action, or expenses with respect to the Ground Lease to the extent relating to or caused by acts, events, omissions, or conditions occurring on or prior to the date of this assignment.

The City of Bakersfield, as the owner of the Bakersfield Municipal Airport and the real property affiliated therewith, and by virtue thereof, a party to that certain Bakersfield Municipal Airport Long-Term Ground Lease, Lease Agreement No. 05-056 (2), consents to the assignment of the rights and obligations of Dirk Leland Bentz and Renee Marie Bentz, Trustees of The Bentz Family Trust dated January 8, 2015 under the aforesaid Ground Lease to Hamed Allen.

Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 T:\Attorney-Boiler\Assign Long Term Ground Lease
3/11/2025
This consent to assignment will not waive any restriction or requirement in the original Ground Lease referenced above relating to any further assignment by the Assignee.

CITY OF BAKERSFIELD, “CITY” “ASSIGNOR”
__________________________ ___________________________

KAREN GOH
Mayor Print Name: Dirk Leland Bentz
“ASSIGNOR”
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney __________________________
Print Name: Renee Marie Bentz
___________________________

ASHLEY ZAMBRANO
Deputy City Attorney
APPROVED AS TO CONTENT: “ASSIGNEE”

PUBLIC WORKS DEPARTMENT
__________________________
______________________________ Print Name: Hamed Allen

ZACHARY MEYER
Public Works Director
COUNTERSIGNED:
______________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Exhibit "A"
Docusign Envelope ID: DB5A2730-9A82-4731-BC79-676F5C0B8833 Certificate Of Completion
Envelope Id: DB5A2730-9A82-4731-BC79-676F5C0B8833 Status: Completed Subject: Complete with Docusign: Bentz to Allen A8 Assign Long Term Ground Lease.pdf, Exhibit A 05-056.pdf Source Envelope:

Document Pages: 20 Signatures: 4 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
3/12/2025 8:15:01 AM
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 Signer Events Signature Timestamp

DIRK LELAND BENTZ
[email protected]
Member
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 50.91.104.57
Sent: 3/12/2025 8:21:04 AM
Viewed: 3/12/2025 9:08:59 AM
Signed: 3/12/2025 9:09:07 AM
Electronic Record and Signature Disclosure:

Accepted: 3/12/2025 9:08:59 AM
ID: 87a33d20-a813-48db-b02d-635a83ee8af0
Renee Marie Bentz
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.97.59.101
Sent: 3/12/2025 9:09:09 AM
Resent: 3/13/2025 1:02:26 PM
Viewed: 3/13/2025 2:30:55 PM
Signed: 3/13/2025 2:31:19 PM
Electronic Record and Signature Disclosure:

Accepted: 3/13/2025 2:30:55 PM
ID: a1099fa2-f865-4b77-bc06-d2880fb1fad6
Hamed Allen
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.180.67.59
Signed using mobile
Sent: 3/13/2025 2:31:21 PM
Viewed: 3/13/2025 2:34:33 PM
Signed: 3/13/2025 2:34:43 PM
Electronic Record and Signature Disclosure:

Accepted: 3/13/2025 2:34:33 PM
ID: 8991bdaa-f3bc-4ef1-805c-a471a6f8785f
Zachary Meyer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 3/13/2025 2:34:45 PM
Viewed: 3/13/2025 3:04:05 PM
Signed: 3/13/2025 3:05:49 PM
Electronic Record and Signature Disclosure:

Accepted: 3/13/2025 3:04:05 PM
ID: 5751e08b-1ba2-4efa-b93f-9d78ab63c40b
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/12/2025 8:21:04 AM
Envelope Updated Security Checked 3/13/2025 1:02:26 PM
Certified Delivered Security Checked 3/13/2025 3:04:05 PM Signing Complete Security Checked 3/13/2025 3:05:49 PM
Completed Security Checked 3/13/2025 3:05:49 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 7, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023-014 with All American Glass and Window Inc. (extend the term to January 11, 2026) to provide commercial glass replacement and installation for various locations throughout the City of Bakersfield.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On January 11, 2023, the City of Bakersfield (City) entered into an agreement with All American Glass and Window Inc. to provide on-call commercial glass replacement and installation for various locations throughout the City. All American Glass and Window Inc. was selected through a Qualification Based Score (QBS) after responding to the City’s Request for Qualifications (RFQ). On-call contractors assist staff with the need for commercial glass replacement and installation for various City facilities.

On January 26, 2024, Council approved Amendment No. 1 to Agreement No. 2023-014 extending the term to January 11, 2025.

All American Glass and Window Inc. has provided satisfactory on-call commercial glass replacement and installation services as requested by the City. The City recommends approval of Amendment No. 2 to Agreement No. 2023-014 extending the term of the agreement for an additional year with no change to the existing total compensation ($325,000).

FISCAL IMPACT:

Funding for this agreement will be paid for through individual budgets with varying funding sources, which may include the General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Amendment No 2 to 2023-0114

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent Calendar - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: March 11, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-244
with Kern Community Foundation (increase compensation $253,907.20, revised not to exceed $1,845,887.42) for the administration and implementation of the Bakersfield Youth Jobs Program.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

In March 2022, the City of Bakersfield was awarded $4.3 million in grant funds from the Office of the Governor, CaliforniansForAll Youth Workforce Development Program (CFA). CFA is a Governor’s initiative administered by California Volunteers, in partnership with California cities, that brings together youth from across the state to help address urgent challenges in their communities, learn key skills, earn money, and create career pathways to public service. With this grant funding, the City established the Bakersfield Youth Jobs Program (BYJP).

In May 2024, the City was awarded an additional grant of approximately $2.2 million from the California Volunteers, CaliforniansForAll Youth Service Corps to continue the BYJP. This extended the program until the end of 2025. On September 11, 2024, the City entered into Agreement No. 2024-244, which awarded Kern Community Foundation $1,591,980.22 to continue administration of the program.

Due to changes in programming, the City amended its standard agreement with the State with a reorganized budget to incorporate additional wrap-around services and other program costs; this increased the amount of grant funds to Kern Community Foundation by $253,907.20. ECD requests the amendment to Agreement No. 2024-244 to reflect the changes in the State agreement.

FISCAL IMPACT:

This program is funded by the CaliforniansForAll Youth Workforce Development Program.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENT:

Amendment No. 1 to Agreement No. 2024-244

Page 1 of 5 ends

S:\Economic&Communitydevelop\Agr\24-25\KCF Agreement 2024-244 - Amendment No. 1.Docx Updated – August 15, 2022
AGREEMENT NO. 2024-244 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-244
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-244 is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (referred to herein as “CITY”), and KERN COMMUNITY FOUNDATION, a non-profit organization authorized to do business in California (referred to herein as “SUBRECIPIENT”).

R E C I T A L S
WHEREAS, on May 3, 2024, CITY entered into a Standard Agreement with the State of California, Governor’s Office of Service and Community Engagement/California Volunteers to implement the Bakersfield Youth Jobs Program (herein Program); and
WHEREAS, CITY received State grant funding in the amount of $2,244,551.82 for the Program to recruit, train, and place high need youth, ages 16 to 30 years of age, in youth workforce development programs; and
WHEREAS, on September 11, 2024, CITY and SUBRECIPIENT entered into Agreement No. 2024-244 in the amount of $1,591,980.22 for SUBRECIPIENT to administer CITY’s Program in accordance with the requirements of the Standard Agreement as shown in the exhibits attached to Agreement No. 2024-244; and WHEREAS, on January 29, 2025, the Standard Agreement was amended with a reorganized budget to incorporate additional wrap-around services, which now allow CITY to channel additional funds to SUBRECIPIENT to administer CITY’s Program.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:

1. Section 2 of Agreement No. 2024-244 entitled “SCOPE OF WORK” is hereby amended to read as follows:

2. SCOPE OF WORK. CITY agrees to make grant funds available to SUBRECIPIENT for administration of the Program in accordance with the revised budget detail as shown in Exhibit “B” attached hereto and incorporated by reference herein.

Docusign Envelope ID: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3

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S:\Economic&Communitydevelop\Agr\24-25\KCF Agreement 2024-244 - Amendment No. 1.Docx Updated – August 15, 2022

2. Section 3 of Agreement No. 2024-244 entitled “COMPENSATION” is hereby amended to read as follows:

3. COMPENSATION. CITY will compensate SUBRECIPIENT, on a time and material basis, in accordance with Program budget as stated Exhibit “B”.

Total compensation for all work, services, or products for implementation of the Program in its entirety called for under this Agreement shall not exceed

ONE MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND, EIGHT HUNDRED EIGHTY-SEVEN AND FORTY-TWO CENTS ($1,845,887.42) and shall be paid as outlined in the subsections (3.1 through 3.5) contained in section 3 of Agreement No. 2024-244.

3. Except as amended herein, all provisions of Agreement No. 2024-244 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “SUBRECIPIENT”

CITY OF BAKERSFIELD KERN COMMUNITY FOUNDATION
By: ________________________________ By: ________________________________

KAREN GOH AARON FALK
Mayor President and CEO
[Signatures continue on following page]
Docusign Envelope ID: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3

Page 3 of 5 ends

S:\Economic&Communitydevelop\Agr\24-25\KCF Agreement 2024-244 - Amendment No. 1.Docx Updated – August 15, 2022
APPROVED AS TO CONTENT:

ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT
By: _______________________________
JENNIFER M. BYERS
Economic & Community Development
Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: ___________________________

VIRGINIA GENNARO
City Attorney
Insurance: ____________
COUNTERSIGNED:

By: _______________________________

RANDY MCKEEGAN
Finance Director
VG/blf
Attachment:

Exhibit B – Revised Budget Detail
Docusign Envelope ID: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3 EXHIBIT “B”
Docusign Envelope ID: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3 CaliforniansForAll Youth Service
Corps
Applicant: City of
Bakersfield
Contact information Juan M. Heredia j [email protected] 661-852-7027 I - A. Administration (Must Not Exceed 10% of Total Award) Items Description Calculation Total Budget % Allocation Cross Check Administrative Costs
Indirect Costs to the City of Bakersfield and subgrantees for running the program. This includes rent, equipment, laptops, workstations, promotional material, utilities, internet, office supplies, uniforms, software programs, case management systems, support from organization executives, speaker per diems, insurance, executive compensation, monthly administrative fees, and other justifiable costs.
$200,000 $200,000
Total $ 200,000.00 8.91%
I - B. Direct Operating Costs (Must not exceed 30% of Total Award when combined with Section I-A. Administration) Items Description Calculation Total Budget % Allocation Cross Check Program Staff: City of Bakersfield Staff Time
Staff within the City Manager's Office and Economic & Community Development Department will help administer the program including engaging with community stakeholders, weekly
contractor meetings, local and state reports, budget
amendments, reporting, and other services as required.
$46.05 * 1560 Hours * 40% $ 100,573.20 4.5%
Program Staff: Program Manager
Program Manager is a new staff member hired by the subgrantee that specializes in HR, Program Management, and results-driven outcomes. The Manager will directly supervise all staff members and serve as liaison between community-based organizations and the City.
$38.46 * 2080 * 1 year * 18% Fringe $ 94,396.22 4.2%
Program Staff: Human Resource Analyst
HR Analyst will help the Program Director oversee all HR-related duties. The HR Analyst will help with the recruitment, onboarding, monitoring, and offboarding of all youth. This position will be employed by a community-based organization/subgrantee
$34 * 2080 hours * 18% Fringe $ 83,449.60 3.7%
Program Staff: Program Specialist
PSs will help recruit and retain youth, facilitate workshops, schedule check-ins, and help youth transition out of the program. PS will be the primary mentors working directly with youth to develop strategic plans, professional skills, and address their needs. $27 *1040 hours * 18% Fringe * 2 Specialists $ 66,268.80 3.0% Program Staff: Human Resources Associate
HR Associate will help the HR Analyst with HR-related duties. HR Associate will help recruit, onboard, monitor, and offboard all youth. This positions will be employed by the Kern Community Foundation.
$25 *2080 hours * 18% Fringe $ 61,360.00 2.7%
Equipment & Workstations Workstation items for Fellow use including laptops, monitors, desk phones, desks, and other office supplies as needed. 105 participants * ~$300 per participant $ 31,500.00 1.4% Program Marketing & Supplies Outreach material for tabling events and CFA branded apparel to market the program.
(24 marketing events * $150 in copies)
(~100 participants * $25 per polo)
(~100 participants * $25 in basic office
supplies)
$ 8,900.00 0.4%
Total $ 446,447.82 19.89%
II. Youth Service Corps Fellow Wages (must be at least 50% of grant amount) # Requested Hourly Salary # of Hours Total Budget % Allocation Cross Check 21 25 840 $ 441,000.00

19.6%
10 25 300 $ 75,000.00 3.3%
2 33 2080 $ 137,280.00 6.1%
10 23 700 $ 161,000.00 7.2%
15 18 160 $ 43,200.00 1.9%
8 18 240 $ 34,560.00 1.5%
40 18 440 $ 316,800.00 14.1%
106.00 $ 1,208,840.00 53.86%
III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs Items Description Calculation Total Budget
FICA for Fellows
Average lump sum percentage for these costs are around 15% of wages. The only two who will have higher calculations are the City Council Fellows at around 40%.
(103 positions' wages * 15%) +
(2 CC Fellow Wages * 40%) $ 215,646.00 Worker's Compensation Health Care
Retirement
Total $ 215,646.00
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) Items Description Calculation Total Budget % Allocation Cross Check Professional Development Fund
Funds for program participants to develop professionally including courses, tuition, fees, classes, course materials, certifications, stipends, and professional development events.
$750 per participant * Total Participants $ 79,500.00
Transportation Stipends
Light transportation subsidy for travel expenses such as bus passes, rideshare services and memberships, taxi fare, bus fare, parking costs, renting of electric scooters, and renting of electric bicycles. $1750 per quarter * 4 Quarters * 2 years $ 14,000
Site Visits will cover transportation, food, supplies, gas, and potential $75 per Participant * Total Participants $ 7,950.00 Supplies and Materials
Supplies required for bi-weekly workshops, one-on-one sessions, equipment for program participant's first day, and supplies and safety gear for on the job use.
(26 workshops * $50 for copies, pens and
office supplies)
(10 apprentices * $250 for work boots)
(8 Parks Interns * $125 for backpacks, safety
gear, etc)
$ 5,899.20
Staff Time
Two Program Specialists will help recruit and retain youth, facilitate workshops, schedule check-ins, and help youth transition out of the program. PS will be the primary mentors working directly with youth to develop strategic plans, professional skills, and address their needs. At least 25% of their full time will be dedicated ot these services.
$27 *1040 hours * 18% Fringe * 2 Specialists $ 66,268.80 Total $ 173,618.00 7.7%
Total Budget Request $ 2,244,551.82
Total # of Fellows 106
List of Partners
Partner Status (Proposed or Secured) Contractual Amount Kern Community Foundation Secured $ 1,845,887.42
Total $ 1,845,887.42
Docusign Envelope ID: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3 Certificate Of Completion
Envelope Id: 033B7C88-B0F8-4632-8292-EA95F8FD5DB3 Status: Completed Subject: Complete with Docusign: KCF Agreement 2024-244 - Amendment No. 1.pdf, KERN COMMUNITY FOUNDATION...

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[email protected]
IP Address: 174.46.226.5
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Status: Original
3/7/2025 11:49:30 AM
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[email protected]
Location: DocuSign
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Aaron Falk
[email protected]
President & Chief Executive Officer
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Electronic Record and Signature Disclosure:

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Jennifer M. Byers
[email protected]
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Electronic Record and Signature Disclosure:

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Jena Covey
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RISK MANAGER
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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: Aaron Falk, Jennifer M. Byers, Jena Covey 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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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 3, 2025
SUBJECT: Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-253 with MG3 Partners, LLC to transfer the credit ($224,770.79) from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 7)
RECOMMENDATION:

Staff recommends approval of the amended agreement.

BACKGROUND:

On November 16, 2022, the City of Bakersfield and MG3 Partners, LLC entered into Transportation Impact Fee Credit Agreement No. 2022-253 in the amount of $224,770.79. Per the agreement, the credit of $224,770.79 was transferred from MG3 Partners, LLC to Urban Land Advisors, LLC. Amendment No. 1 to this agreement will transfer the credit of $224,770.79 from Urban Land Advisors, LLC to Lennar Homes of California, LLC.

FISCAL IMPACT:

The credit is given to cover future transportation impact fees in exchange for work completed by the developer that is on the Regional Transportation List. There is no impact to the City’s General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

TIF CREDIT AGR NO 2022-253 AMENDMENT 1 - SIGNED

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 3, 2025
SUBJECT: Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-268 with Black Ops Real Estate IX, LLC to transfer the credit ($69,802.92) from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 5) RECOMMENDATION:

Staff recommends approval of the amended agreement.

BACKGROUND:

On December 14, 2022, the City of Bakersfield and Black Ops Real Estate IX, LLC (Developer) entered into Transportation Impact Fee Credit Agreement No. 2022-268 in the amount of $69,802.92. Per the agreement, the credit of $69,802.92 was transferred from Black Ops Real Estate IX, LLC to Urban Land Advisors, LLC.

Per a request from Developer, Amendment No. 1 to this agreement will transfer the credit amount of $69,802.92 from Urban Land Advisors, LLC to Lennar Homes of California, LLC.

FISCAL IMPACT:

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

TIF CREDIT AGR NO 2022-268 AMENDMENT 1 - SIGNED

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: March 21, 2025
SUBJECT: Amendment No. 3 to Agreement No. 2021-242 with Rincon (extend term to December 2026) for preparation of the General Plan update
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City of Bakersfield has embarked on an effort to comprehensively update its General Plan. The Bakersfield 2045 RISE General Plan update provides policy guidance on land use, housing, transportation, infrastructure, community design, conservation, and other development-related topics. State law requires every city and county in California to prepare and maintain a General Plan.

The City entered into an agreement with Rincon Consultants Inc. on October 20, 2021 to prepare a comprehensive General Plan update for a total of $2,566,189. On August 9, 2023, the City and Rincon agreed to expand the scope of work and increase compensation by $296,798 to complete a zoning ordinance update. On August 9, 2023, the City and Rincon agreed to decrease total compensation by $24,428.

This amendment is proposed to extend the original term, set to expire on April 1, 2025. Due to scope changes, Rincon requests an extension through December 31, 2026, to complete the General Plan Update as planned.

FISCAL IMPACT:

The proposed amendment is to extend the term of the General Plan update by Rincon Consultants, Inc. to December 31, 2026. As such, there is no fiscal impact to the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

Amendment No. 3 to Agreement No. 2021-242

AMENDMENT TO AGREEMENT
\\sandevsvs\devsvs\pln\SHARED\03_Advance Planning\05_Current GP Update\01_Project Management\05_Agreements\Rincon Amendment 3 To Agreement 2021-242_CAO.doc
Updated – March 5, 2025
-- Page 1 of 2 Pages --
AGREEMENT NO. 2021-242 (3)
AMENDMENT NO. 3 TO
AGREEMENT NO. 2021-242
This AMENDMENT NO. 3 TO AGREEMENT NO. 2021-242 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and RINCON CONSULTANTS, INC. a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on October 20, 2021, CITY and CONTRACTOR entered into Agreement No. 2021-242, wherein CONTRACTOR agreed to perform the tasks outlined therein in preparation of the General Plan Update, for a total not to exceed the amount of $2,766,189.00; and
WHEREAS, on November 2, 2022, CITY and CONTRACTOR entered into Amendment No. 1 to Agreement No. 2021-242, to expand the Scope of Work and increase compensation by $296,798.00 for purposes of completing a zoning ordinance update to accompany the General Plan Update, for a new not to exceed the amount of $3,062,987.00; and
WHEREAS, on August 9, 2023, CITY and CONTRACTOR entered into Amendment No. 2 to Agreement No. 2021-242, to decrease total compensation by $24,428.00 for a revised amount not to exceed the amount of $3,038,559.00; and
WHEREAS, CITY and CONTRACTOR would like to extend the term of the Agreement by 21 months in order to complete the General Plan Update.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. Section 3 of Agreement No. 2021-242 entitled “TERM.” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2026.

Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25

2. Except as amended herein, all provisions of Agreement No. 2021- 242 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2021-242 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD RINCON CONSULTANTS, INC.

By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By:____________________________

PHILLIP BURNS
Development Service Director
APPROVED AS TO FORM: COUNTERSIGNED:

VIRGINIA GENNARO
City Attorney
By:______________________________ By:____________________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Deputy City Attorney II Finance Director
VGK/blf
S:\Planning\Agrs\24-25\Rincon Amendment 3 To Agreement 2021-242_CAO.doc Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25 Principal
Kimiko Lizardi
Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25 Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25 Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25 Docusign Envelope ID: 90423111-1FA3-4A04-BA20-543BADA1AD25

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: March 21, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-021 with Rincon (extend term to March 2026) for the preparation of the Housing Element
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City of Bakersfield has embarked on an effort to update its Housing Element. State law requires every city and county in California to prepare and maintain its Housing Element.

The City entered into an agreement with Rincon Consultants Inc. on January 24, 2024 to prepare a Housing Element for a total of $180,134.75.

This amendment is proposed to extend the original term, set to expire on March 31, 2025. The extension is necessary due to unforeseen delays and revisions required by the California Department of Housing and Community Development (HCD). These revisions have extended the review and approval process, making it essential to extend the term for one year, through March 31, 2026, to ensure the successful completion of the Housing Element in alignment with state requirements.

FISCAL IMPACT:

The proposed amendment is to extend the term of the Housing Element update by Rincon Consultants, Inc. to March 31, 2026. As such, there is no fiscal impact to the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

Amendment No. 1 to Agreement No. 2024-021

AMENDMENT TO AGREEMENT
\\sandevsvs\devsvs\pln\SHARED\03_Advance Planning\04_Housing Element\01_Consultant Management\03_Consultant Agmt\2024-021\Amendment 1\Rincon HE Amendment 1 To Agreement 2024-021_.docx Updated – March 7, 2025
-- Page 1 of 2 Pages --
AGREEMENT NO. 2024-021 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2024-021
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-021 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and RINCON CONSULTANTS, INC. a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on January 24, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-021, wherein CONTRACTOR agreed to perform the tasks outlined therein in preparation of the Housing Element Update, for a total not to exceed the amount of $180,134.75; and
WHEREAS, CITY and CONTRACTOR would like to extend the term of the Agreement by one year in order to complete the Housing Element Update.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. Section 3 of Agreement No. 2024-021 entitled “TERM.” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on March 31, 2026.

2. Except as amended herein, all provisions of Agreement No. 2024-021 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-021 to be executed the day and year first above written.

Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1

By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By:____________________________
PHILLlP BURNS
Development Service Director
APPROVED AS TO FORM: COUNTERSIGNED:

VIRGINIA GENNARO
City Attorney
By:______________________________ By:____________________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Deputy City Attorney II Finance Director
S:\Planning\Agrs\24-25\Rincon Amendment 1 To Agreement 2024-021_CAO.doc Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1 Brenna Weatherby
Principal
Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1 Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1 Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1 Docusign Envelope ID: 061CA3C0-EBC3-4186-838A-164797D912A1

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 11, 2025
SUBJECT: Amendment No. 8 to Agreement No. 19-070
with AECOM Technical Services, Inc. (increasing compensation by $155,324.49; revised not to exceed $25,734,346.47; and extend term to June 30, 2026) for additional construction management services for the Centennial Corridor Mainline Project (Wards1, 2 & 3)
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The Mainline Project extends 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 collectordistributor 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.

On January 8, 2025, City Council approved Amendment No. 7 adding $127,376.57 to Agreement No. 19- 070.

The amendment for additional Construction Management (CM) services includes construction inspections, contract administration, and project closeout. Amendment No. 8 to Agreement No. 19-070 adds $155,324.49 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 8 to 19-070_signed
____________________________________________________________________________ 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 DEPARTMENT
By:

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
Personnel
Hrs $$ Hrs $$
Construction
Inspector
AECOM
$ 90 18,092.98 201.03 $ 90 18,092.98 $ 180 36,185.97 $
Resident
Engineer $ 90 25,344.10 281.60 $ 90 25,344.10 $ 180 50,688.21 $ ARE/SR AECOM $ 90 19,500.37 216.67 $ 90 19,500.37 $ 180 39,000.74 $ Construction
Inspector V&A $ 0 - 207.53 $ 0 - $ 0 - $
Office Engineer
V&A $ 90 10,377.10 115.30 $ 90 10,377.10 $ 180 20,754.19 $

TOTAL HOURS
+LABOR

DOLLARS
360 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/day $ 2,000.00 2,000.00 $ 4,000.00 $
$ 77,662.24 77,662.24 $ 155,324.49 $
LOADED
RATE
TOTAL
HOURS

TOTAL LABOR
$$
Exhibit C- - Supplemental Cost Proposal
Mar-25 Apr-25

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 10, 2025
SUBJECT: Reject all Bids for the Bakersfield Police Department Physical Training Facility (P3I300) (Ward 2)
RECOMMENDATION:

Staff recommends rejecting the bid and reviewing the project for potential cost savings.

BACKGROUND:

In 2019, a new, 40’ by 60’, physical training building was installed at the Bakersfield Police Department Training Center on 4646 California Avenue. Additional funds were budgeted for an expansion of said physical training building. Working with BPD, Public Works staff developed a scope and prepared plans for the necessary site work.

On October 31, 2024, the City received one bid for this project. The engineer’s estimate for this project was $1,130,000.00. The bid proposal received was:

JL McDaniels Companies Inc. In the amount of $1,050,798.00 DBA McDaniels Construction
P.O. Box 81135
Bakersfield, CA 93380
The single bid received exceeds available budgeted funds. Staff recommends that the bid be rejected and the project be reviewed for potential cost savings. Initial conversations with BPD indicated that adjusting the proposed location for the new PT building may lessen the amount of required site work. Additional investigations will occur to potentially bring down project costs. Once the project has been reevaluated and redesigned, the project will be rebid.

FISCAL IMPACT:

Staff will investigate alternate project locations as well as possible changes in scope to bring the estimated cost down closer to available funds. There is no General Fund impact at this time.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

None

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: March 18, 2025
SUBJECT: Accept bid from AKA Comp Solutions Inc. ($478,452.24) for the purchase of VMware vSAN Enterprise maintenance
three-year subscription with annual payments for the Technology Services Department.

RECOMMENDATION:

Staff recommend acceptance of bid.

BACKGROUND:

Bids were solicited from suppliers for VMware vSAN Enterprise maintenance subscription renewal for a three-year term with annual payments. Nine (9) bids were received in response to the solicitation.

VMware vSAN Enterprise is a private-cloud platform providing a hyperconverged infrastructure that combines processing power, networking, and storage resources into a single, integrated platform. This full-stack solution allows for simplified storage management and optimized storage utilization resulting in reduced operational costs. This purchase will renew the current VMware vSAN Enterprise subscription for a three-year subscription with annual payments as described in Exhibit A attachment. The City has standardized on VMware vSAN Enterprise products for many years.

The nine (9) bids received are as follows:

BIDDER AMOUNT
AKA Comp Solutions, Inc.

Chicago, IL $478,452.24
New Tech Solutions, Inc.

Fremont, CA $478,609.92
Miracle Software Systems, Inc.

Novi, MI $478,640.49
Saitech, Inc.

Fremont, CA $479,550.00
AlxTel, Inc.

Silver Spring, MD $480,263.34
Questivity, Inc.

Santa Clara, CA $481,167.08
Kambrian Corporation
La Puente, CA $486,000.00
The Drala Project, Inc.

Hermosa Beach, CA $529,995.00
Hypertech USA, Inc.

Tempe, AZ $588,928.68
Staff find the low bid submitted by AKA Comp Solutions, Inc., in Chicago, IL, to be acceptable.

FISCAL IMPACT:

Funds are budgeted in the Equipment Management Fund for this purchase.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Partially Signed Agreement
Exhibit A

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: CONSENT - Miscellaneous TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: March 11, 2025
SUBJECT: Appropriate $167,595 Park Improvement Fund balance from Southwest Developer Reimbursement – Zone 1
for the reimbursement to Sierra Oaks Partners, LLC for their completion of Belcourt Park (Ward 5)
RECOMMENDATION:

Staff recommends approval of the appropriation.

BACKGROUND:

Belcourt Park (Park) is located at 3801 Windermere Street. On March 25, 2015, City Council approved Agreement 15-070 between City and Sierra Oaks Partners, LLC. (Subdivider), outlining the development of an 8.2-acre park. On March 30, 2016, the City and Subdivider agreed to amend the original agreement with Agreement 15-070(1). The Amendment provided the Subdivider with more time to construct, as well as establish Subdivider’s Park development deposits. The Park was completed and opened to the public on November 1, 2019.

The Subdivider submitted information outlining the total cost that was incurred for the design, engineering, and construction of Belcourt Park in the amount of $2,181,907.71. The City refunded the Subdivider in September 25, 2019 the initial deposit of $392,000.00 plus the park development deposits totaling $571,480.00 through August 30, 2019. Since the initial reimbursement, the City has made the following installments per the Agreement:
• Second installment in the amount of $189,800.00 was paid on June 11,2020. • Third installment in the amount of $89,930.00 was paid on November 19, 2020. • Fourth installment in the amount of $60,755.00 was paid on October 28, 2021.  Fifth installment in the amount of $73,325.00 was paid on June 30, 2022.  Sixth installment in the amount of $175,980.00 was paid on November 16, 2023.  Seventh installment in the amount of $77,515.00 was paid on May 8, 2024.

The City has a contractual obligation remaining of $943,122.71 or the actual amount collected of park development deposits from the Zone of Benefits as listed in the Agreements, not greater than the actual cost to construct the park. From April 4, 2024 through February 28, 2025, $167,595.00 in park development deposits have been collected in the Zone of Benefit. The Subdivider has requested reimbursement for the stated period. Once this seventh request has been paid, the maximum future obligation that remains is $775,527.71 or the actual amount collected in the Zone of Benefit.

FISCAL IMPACT:

The Belcourt Park developer reimbursement obligation is funded through Park Improvement Fees Southwest Developer Reimbursement – Zone 1, there is no impact to the General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. AGRMT NO 15-070

2. AGRMT NO 15-070(1)

3. Tract 7372 and 7376_02.28.2025
RECORDING REQUESTED BY:

City of Bakersfield
When recorded, mail to:

VIRGINIA GENNARO
City Attorney

DOCUMENT

ELECTRONICALLY

RECORDED IN THE

OFFICIAL RECORDS
Space above this line for Recorder' s use
15 - 070

AGREEMENT FOR ACQUISITION AND DEVELOPMENT

OF BELCOURT AT SEVEN OAKS PARK LOACTED AT

CAMPUS PARK DRIVE AND WINDEMERE STREET
T,
ORIGINAli
RECORDING REQUESTED BY:

City of Bakersfield
When recorded, mail to:

VIRGINIA GENNARO
City Attorney

CITY ATTORNEY' S OFFICE
1600 Truxtun Avenue, 4th Floor
Bakersfield, California 93301
No Fee for Recording in Accordance
With Section 27383 of the
California Government Code
Recorded For The Benefit of the Above Party
Jon Lifquist, Assessor - Recorder sM
Kern County Official Records 3/ 3112015
02: 00 PM
Recorded Electronically by:
017 City of Bakersfield City Clerk
Doc #: 000215037457 Stat Types: 1 Pages: 29
FEES 00
TAXES 00
OTHER 00
000215037457 PAID 00
Space above this line for Recorder' s use
15 - 070

AGREEMENT FOR ACQUISITION AND DEVELOPMENT

OF BELCOURT AT SEVEN OAKS PARK LOACTED AT

CAMPUS PARK DRIVE AND WINDEMERE STREET
Acquisition, Dedication &Development Agreement
WoodbridgeAcgDevW Ming- F. Iger.20141 118.05
o`` gAKF9
90 AGREEMENT NO. 1 5 - 0 7 0

AGREEMENT FOR ACQUISITION AND DEVELOPMENT

OF BELCOURT AT SEVEN OAKS PARK LOCATED AT

CAMPUS PARK DRIVE AND WINDERMERE STREET
THIS AGREEMENT is made and entered into on MAR 2 5 2015 , by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" herein), and SIERRA OAKS PARTNERS LLC, a Delaware limited liability company, ( "SUBDIVIDER" herein).

RECITALS
WHEREAS, on August 15, 2007, the City Council adopted Resolution Numbers 161 -07, 162 -07, 163 -07, and 164 -07 thereby approving a 2, 182 acre project generally bounded by Buena Vista Road, White Lane, Allen Road, and the Union Pacific Railroad commonly referred to as the West Ming Project ( "West Ming "); and
WHEREAS, by Resolution Number 163 -07 referenced above, the City Council approved the West Ming Specific Plan (the " Specific Plan "); and WHEREAS, the current Specific Plan for West Ming includes six separate residential villages identified as Villages " A" through " F," a Village Center District and a Special Use District, and provides for various parks to be located within the Villages and Village Center District; and
WHEREAS, SUBDIVIDER is first developing Village " F" in West Ming, which has a requirement to develop and dedicate a public park; and WHEREAS, it is the intent of parties to set forth all covenants and conditions for SUBDIVIDER' s development and dedication to CITY of an 8.20 gross acre public park within Village " F" and referred to in this Agreement as " Park." See Exhibit "A" legal description of Park) and Exhibit " B" ( map of Park) attached hereto; and WHEREAS, pursuant to the terms and conditions of this Agreement, SUBDIVIDER will construct Park in substantial compliance with the plans and specifications described in Exhibit " C" attached hereto, dedicate said Park to CITY as a public park, and provide for the private maintenance of Park by the applicable homeowners association; and
Acquisition, Dedication &Development Agreement
WoodbridgeAcgDevW Ming- F. Iger.20141 118.05

Page 1 of 17 ends

o``
0 AKF9cr>
m
1RIt', INAL
WHEREAS, performance under this Agreement will satisfy all of SUBDIVIDER' s parkland dedication requirements and park development and improvement requirements for Village F, including all requirements under chapters 15. 80 and

15.82 of the Bakersfield Municipal Code and Section 9. 1 of the Specific Plan, including implementation measures P - 1 through P -6, inclusive as identified in the Specific Plan; and
WHEREAS, the City of Bakersfield Planning Director has made a finding that this Agreement and the acquisition contemplated in this Agreement are consistent with the Specific Plan and the Metropolitan Bakersfield General Plan; and
WHEREAS, the transfer of the ownership interests of Park for park purposes is categorically exempt from CEQA under CEQA Guidelines Section 15325, Class 25, and the development of Park site is categorically exempt from CEQA under Sections 15303, Class 3 and 15304, Class 4.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBDIVIDER mutually agree to dedicate, develop, and provide for the maintenance of a public park as follows:

DEVELOPMENT

1. PARK IMPROVEMENTS. SUBDIVIDER shall construct Park in the time and manner specified herein.

2. MANNER OF CONSTRUCTION. All improvements for Park shall be installed and constructed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California and in accordance with all of the following (the " Park Improvements "):

2. 1 Consistent with the quality of amenities used in City parks;

2.2 The CITY - approved Park Improvement plans and specifications described in Exhibit " C ", which the parties acknowledge comply with all adopted CITY standards; and

2.3 Good engineering practices and workmanlike manner.

3. TIME OF CONSTRUCTION. SUBDIVIDER shall begin construction of Park prior to the issuance of any building permit for Village F except for permits required for the construction of Park and /or permits issued for the construction of model homes. SUBDIVIDER shall complete construction of Park by March 1, 2106, unless Acquisition, Dedication & Development Agreement
Woodb6dgeAcgDevWMing- F. Iger.20141118.05

Page 2 of 17 ends

m
g Al4
an extension of time is granted by CITY in writing and approved by City Council.

If Park is not completed by March 1, 2016, no further building permits will be issued for Village F until Park is completed.

4. INSPECTION AND APPROVAL OF IMPROVEMENTS. CITY shall cause to be recorded a Notice of Completion and Acceptance for Park upon the occurrence of all of the following:

4. 1 Completion of Park Improvements. When the Park
Improvements have been satisfactorily completed, and upon written application of the SUBDIVIDER, the City Engineer shall inspect and approve the same within a reasonable time and shall file a certificate showing the date of inspection and approval and shall make an order accepting or approving the Park Improvements.

5. WARRANTY AGAINST DEFECTS. SUBDIVIDER shall, for a period of one 1) year following acceptance by CITY, warrant all features of the Park Improvements, including plant material, against defective work or labor done, or defective material furnished, in the performance of this Agreement; and SUBDIVIDER agrees to correct, repair or replace promptly when demanded by CITY, all such defective work or labor done, or defective materials furnished.

II.

REFUND OF DEPOSIT / NO PARK DEVELOPMENT FEES COLLECTED /

SATISFACTION OF PARK REQUIREMENTS / NO CITY LIABILITY

6. Refund to Subdivider. The only monies SUBDIVIDER will receive from the CITY for the development of Park shall be the refund of the sum of Three Hundred Ninety -Two Thousand Two Hundred Twenty Four Dollars ($ 392, 224.00) which SUBDIVIDER previously deposited with the CITY as security for park land development in connection with the Park Square at Seven Oaks apartment project. CITY will refund said monies to SUBDIVIDER upon satisfactory completion of construction of the Park Improvements.

7. No Park Development Fees Collected From Zone of Benefit. No park development fees as called for in chapters 15. 80 and 15.82 of the Bakersfield Municipal Code will be due, owing, or collected from the Zone of Benefit of the Park, as shown on Exhibit " D" attached hereto and incorporated by reference herein.

8. Satisfaction of Park Development and Improvement Reauirements.

SUBDIVIDER' s completion of the Park Improvements, and dedication of the Park, as contemplated in this Agreement, shall satisfy all park development and Acquisition, Dedication & Development Agreement
Woodbr dgeAcgDevWMing- F. Iger.20141 118. 05

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gAK r
U

ORIGINAL
improvement requirements for the full build -out of Village F as contemplated in the Specific Plan, including all requirements under chapter 15.82 of the Bakersfield Municipal Code, all requirements under Section 9. 1 of the Specific Plan, including implementation measures P - 1 through P -6, inclusive, thereof, and any conditions of approval requiring park development and /or payment of park development fees.

9. No City Liability. CITY shall have no liability for failure to collect any park development fees specified herein, and CITY does not pledge itself that any such monies will be collected. SUBDIVIDER acknowledges and agrees that CITY will not collect park development fees from the Zone of Benefit, and accordingly no such fees will be available to reimburse SUBDIVIDER for or in connection with the development of the Park.

III.

MAINTENANCE

10. MAINTENANCE RESPONSIBILITY. The Seven Oaks West Master Homeowners Association, a California non - profit mutual benefit corporation SOWMHA "), under a separate license agreement entered into between SOWMHA and CITY of even date herewith, has agreed to maintain and repair, or provide for the maintenance and repair, at no cost to the CITY, of all walls, streetscape and median landscaping, roundabout landscaping, irrigation, park amenities and playground equipment in certain public areas of Village " F" including the Park at a level at least consistent with the standard of maintenance within the City' s Consolidated Maintenance District, and has agreed to observe and comply with all applicable safety measures as required by CITY, all as more particularly set forth in the aforementioned license agreement.

10. 1 Remedies and Repairs. SUBDIVIDER shall repair all problems brought to its attention in writing by CITY, within thirty ( 30) days if such problems can reasonably be repaired within such time, or if such problems cannot reasonably be repaired within such time, SUBDIVIDER shall commence such repair within thirty ( 30) days, and shall diligently continue in efforts to complete such repair, without cessation, until such repair is completed. If SUBDIVIDER fails to make appropriate repairs within the time frames specified above, CITY retains the right to make such repairs and submit an invoice to SUBDIVIDER for the cost of such repairs or seek other appropriate remedies.

10.2 Assignment to Homeowners Association or Maintenance District. SUBDIVIDER shall have the right to assign some or all of its rights and /or obligations under this Agreement, including its obligations under Section 10. 1 above to SOWMHA, a sub - homeowners association or maintenance district, as Acquisition, Dedication &Development Agreement
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contemplated in Section 9. 1, including Implementation Measure P -5, of the Specific Plan. Any such assignment shall be by a written agreement signed by SUBDIVIDER and the applicable homeowners association or maintenance district by which SUBDIVIDER assigns to the assignee, and the assignee accepts and assumes the assigned rights and /or obligations. Effective upon SUBDIVIDER' s delivery to the CITY of a true and correct copy of such assignment and assumption agreement, SUBDIVIDER shall be released from the obligations assigned thereunder, and the assignee shall be substituted as the obligor therefor in place and stead of SUBDIVIDER.

IV.

CONVEYANCE

11. AGREEMENT TO DEDICATE.

11. 1 Dedication of Park Property. SUBDIVIDER shall dedicate or cause to be dedicated, the Park property to CITY in accordance with the covenants and conditions set forth in this Agreement.

11. 2 Satisfaction of Parkland Dedication Requirements. Dedication of the Park by SUBDIVIDER, as contemplated in this Agreement, shall satisfy all parkland dedication requirements for the full build -out of Village F as contemplated in the Specific Plan, including all requirements under chapter 15.80 of the Bakersfield Municipal Code, all requirements under Section 9. 1 of the Specific Plan, including implementation measures P - 1 through P -6, inclusive, thereof, and any conditions of approval requiring parkland dedication.

11. 3 Dedication to Occur Followina Notice of Completion.

Dedication of Park by SUBDIVIDER to CITY under this Agreement shall occur no earlier than the recordation of the Notice of Completion for the Park Improvements.

12. CONVEYANCE OF TITLE. SUBDIVIDER agrees to convey to CITY fee simple marketable title to Park free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, contracts and taxes, excepting those agreed to in writing by CITY. Any and all water rights accruing to Park real property shall also be transferred to CITY without reservation, provided that the grantor(s) shall have the right to reserve any water rights reserved to Bolthouse Properties, LLC ( " BOLTHOUSE "), its successors or assigns, under that certain Land Exchange and Water Development Agreement dated June 7, 2006 by and between BOLTHOUSE, Castle & Cooke California, Inc., the Kern County Water Agency and CITY, including the right to pump or take groundwater from the Park property for development purposes or amenities pursuant to Section 3.4 Acquisition, Dedication &Development Agreement
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of said agreement. SUBDIVIDER also agrees to provide evidence to CITY that waivers of surface entry have been recorded with respect to the fee oil, gas and mineral estate owned by third parties in and to the Park property. Within thirty (30) days of recordation of the Notice of Completion, SUBDIVIDER shall execute a Grant Deed which conveys fee simple title to the property to CITY and shall deliver same to Escrow Holder.

13. ESCROW.

13. 1 Escrow Holder. The conveyance of the Park property shall be consummated by means of an escrow to be opened at the office of Ticor Title Company, located at 10000 Stockdale Highway, Suite 101, Bakersfield, CA 93311 herein " Escrow Holder ").

13.2 Real Property. SUBDIVIDER shall grant Park to CITY, in fee simple, and in the manner set forth herein.

13.3 Escrow Instructions. Within twenty ( 20) working days of the recordation of the Notice of Completion, each party shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the conveyance of the property. SUBDIVIDER and CITY agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary.

Said escrow instructions are incorporated herein by this reference.

13.4 Closing Costs. SUBDIVIDER shall be responsible for normal escrow fees, including the cost of title insurance which vests title to Park real property in the CITY. SUBDIVIDER shall be responsible for all other closing costs, including, but not limited to, all real property taxes and assessments accruing up to the close of escrow. SUBDIVIDER shall fully pay the full amount of any bond or assessment which is a lien upon the property.

14. PRELIMINARY TITLE REPORT AND DOCUMENTS. Within ten ( 10) working days following the execution of this Agreement, the following shall occur:

14. 1 Preliminary Title Report. SUBDIVIDER shall obtain a preliminary title report ( herein " PTR ") concerning the property, together with copies of reproducible documents referred to in such PTR, if any.

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14.2 Title Documents. SUBDIVIDER shall provide CITY copies of all currently effective unrecorded tenant leases, licenses or other agreements relating to the property.

14.3 City Approval /Disapproval of Title Exceptions. CITY shall deliver to Escrow Holder its written approval or disapproval of any exceptions to the title referred to above within ten ( 10) working days after CITY' s receipt thereof. If, after receipt of disapproval of any exceptions to the title, SUBDIVIDER does not elect to cure all of said exceptions, then CITY shall have the right either to accept title to the property subject to said exceptions, thereby waiving any and all claims against SUBDIVIDER by reason thereof, or to terminate this Agreement. CITY shall give SUBDIVIDER such written notice of CITY' s election within the ten ( 10) working days after receipt of SUBDIVIDER' s election not to cure. If CITY elects to terminate this Agreement, thereafter neither SUBDIVIDER nor CITY shall have any further liability hereunder, except that CITY shall be entitled to the prompt return of all funds deposited by CITY with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which CITY hereby agrees to pay.

15. CLOSING DATE. Escrow shall close within 60 calendar days after the recordation of the Notice of Completion for the Park Improvements.

16. CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies:

16. 1 Site Assessment. A favorable environmental site assessment to be performed by CITY.

16.2 Condition of Title. CITY' s written approval of a current PTR concerning the property issued by the Title Company, as well as all documents referred to in the PTR or this Agreement (the " Underlying Documents "), and the issuance by the Title Company of the title policy. SUBDIVIDER shall cause the PTR and all Underlying Documents to be delivered to CITY promptly after the date of Agreement. CITY' s approval is to be given within ten ( 10) days after receipt of said PTR and legible copies of all Underlying Documents. The disapproval by CITY of any monetary encumbrance, which by the terms of the Agreement is not to remain against the property after the Closing, shall not be considered a failure of this condition, as SUBDIVIDER shall have the obligation, at SUBDIVIDER' s expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing.

16.3 Existina Leases and Tenancy Statements. CITY' s written approval, within ten ( 10) days after receipt of legible copies of all leases, Acquisition, Dedication & Development Agreement
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subleases or rental arrangements (collectively the " Existing Leases ") affecting the property.

16.4 Other Agreements. CITY' s written approval, within ten ( 10) days after receipt, of a copy of any other agreements ( "Other Agreements ") known to SUBDIVIDER that will affect the property beyond the Closing. CITY shall cause said copies to be delivered to SUBDIVIDER promptly after the Date of Agreement.

These agreements shall be part of the Underlying Documents.

16. 5 Material Chance. No material change shall have occurred with respect to the property that has not been approved in writing by CITY, which shall have twenty (20) days following receipt of written notice from any source of any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to close of escrow.

16. 6 All above contingencies are for the benefit of, and may be waived in writing by, CITY and may be elsewhere herein referred to as " CITY Contingencies."
V.

MISCELLANEOUS

17. IMPROVEMENT SECURITY.

17. 1 This Agreement shall be secured by good and sufficient security, which shall be filed with the CITY prior to commencement of construction. Such improvement security shall consist of security set forth in Bakersfield Municipal Code Chapter 16.32. Any corporate surety bond issued pursuant to Bakersfield Municipal Code Section 16.32.020 -3 shall substantially conform to the form set forth in Section 66499. 1 of the Map Act or any successor statute. The estimated cost of the various features of the Park Improvements, as shown on attached Engineer' s Bond estimate, Exhibit " E" attached hereto and incorporated as though fully set forth herein, shall be used, if applicable, as the basis for the reduction of security in connection with the CITY acceptance of Park Improvements.

17.2 Said improvement security shall be in the amount of one hundred percent ( 100 %) of the total estimated cost of construction of the Park Improvements as outlined on the Engineer' s Bond estimate conditioned upon the faithful performance of the agreement for the full and timely completion of the Park Improvements in accordance with this Agreement.

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17.3 Additional improvement security shall also be provided in an amount of fifty percent (50 %) of the total estimated cost of construction of the Park Improvements, securing payment to the contractor, its subcontractors, and to persons renting equipment or furnishing labor or materials to it for the work.

17.4 Additional improvement security shall also be provided in an amount of ten percent ( 10 %) of the total estimated cost of the construction of the Park Improvements, to be provided prior to CITY acceptance of the Park Improvements, to secure SUBDIVIDER' s obligation to warrant the Park Improvements, for a period of one ( 1) year following recordation of the Notice of Completion for the Park Improvements, against any defective work or labor done or defective materials furnished.

18. REDUCTION AND RELEASE OF SECURITY.

18. 1
Improvement security may be reduced on order of the City Engineer upon completion of a phase of work which is operational and usable as a public improvement as set forth above.

18.2 Improvement security for payment to the contractor, or any of its subcontractors or any person renting equipment or furnishing labor or materials to it for the Park Improvements may, sixty ( 60) days after recordation of a Notice of Completion, be reduced to an amount not less than the total of all claims on which an action or stop notice has been filed and notice thereof given in writing to CITY, and if no such action or stop notice is filed, such improvement security may be released in full.

18.3 The security identified in paragraph 17.4 shall be finally released to the SUBDIVIDER one ( 1) year following the recordation of a Notice of Completion and Acceptance by CITY, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one ( 1) year period and reported in writing to CITY, and further provided that no damage has been done to the Park Improvements after its approval by any other work undertaken by the SUBDIVIDER.

18.4 In the event defective work, labor or materials has been discovered or damage to the Park Improvements has resulted from SUBDIVIDER' s other work, the security shall be released upon satisfactory repair or replacement of the defective or damaged Park Improvements, as determined by CITY, or after expiration of the one ( 1) year specified above, whichever occurs later.

19. COMPLETION BY SURETY OR CITY.

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19. 1
If the City Engineer, in the exercise of reasonable discretion, determines that:

19. 1. 1 The SUBDIVIDER has failed to properly and fully complete all of the work of improvement in accordance with this Agreement, and within the time, or any extension of time, provided herein; or

19. 1. 2 The SUBDIVIDER has failed or neglected to begin the work, or any feature of the work, within a time which will reasonably allow its completion within the time, or any extension of time, provided in this Agreement; or

19. 1. 3 The SUBDIVIDER has abandoned any of the work; or

19. 1. 4The SUBDIVIDER, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; or

19. 1. 5 The SUBDIVIDER has filed a petition in bankruptcy or has been declared bankrupt;
then the City Engineer may give the SUBDIVIDER and its surety fourteen ( 14) days' written notice to proceed with the work, without prejudice to any other remedy CITY may have in law or equity.

19.2 If the surety proceeds with the work, the surety shall be subject to all of the provisions of this Agreement.

19.3 If the SUBDIVIDER or its surety shall fail or neglect to proceed with the work diligently and in good faith in accordance with this Agreement after such notice has been given, CITY may thereafter, at its sole option and without prejudice to any other remedy, provide the necessary supervision, equipment, materials and labor as it may determine necessary to undertake and complete the work of improvement or any part thereof in the manner required by this Agreement, by independent contract or by CITY forces, all for the account and at the expense of the SUBDIVIDER, and the SUBDIVIDER and its surety shall be liable to CITY and shall pay CITY, on demand, any expenses, costs, fees or other expenditures incurred by CITY in the course thereof.

20. SUBDIVIDER' S WARRANTIES. SUBDIVIDER warrants and represents it is the sole owner of, or has the right to acquire, in fee simple, the Park property and has or shall have the right and legal ability to transfer or cause to be transferred said Park as set forth in this Agreement to CITY.

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21. INSURANCE. In addition to any other insurance or bond required under this Agreement, SUBDIVIDER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein):

21. 1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1, 000,000) per occurrence; and the policy shall:

21. 1. 1 Provide coverage for owned, non -owned and hired autos.

21. 2 Broad form commercial aeneral liability insurance, unless otherwise approved by the CITY' s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1, 000,000) per occurrence; and the policy shall:

21. 2. 1 Provide contractual liability coverage for the terms of this Agreement.

21. 2.2 Provide products and completed operations
coverage.

21. 2.3 Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents,
employees and volunteers.

21. 2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to
advance approval by the CITY, SUBDIVIDER may
utilize a Self- Insured Retention provided that the
policy shall not contain language, whether added by
endorsement or contained in the Policy Conditions,
that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named
Insured, or by any means including other insurance or
which is intended to defeat the intent or protection
of an Additional Insured.

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21. 3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars 1, 000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers.

21. 4 All policies required of the SUBDIVIDER shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of SUBDIVIDER' s insurance and shall not contribute with it.

21. 5 Except for workers' compensation, insurance is to be placed with insurers with a Best' s rating as approved by CITY' s Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing.

21. 6 Unless otherwise approved by CITY' s Risk Manager, all policies shall contain an endorsement providing the CITY with thirty ( 30) day' s written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.

21. 7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.

21. 8 SUBDIVIDER shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.

21. 9 Full compensation for all premiums which SUBDIVIDER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance.

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21. 10 It is further understood and agreed by SUBDIVIDER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by SUBDIVIDER in connection with this Agreement.

21. 11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the " basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for SUBDIVIDER.

22. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBDIVIDER as an independent contractor.

SUBDIVIDER is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBDIVIDER other than that of an independent contractor.

23. INDEMNITY. SUBDIVIDER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SUBDIVIDER, SUBDIVIDER' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.

24. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

26. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

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27. SEVERABILITY. If any provision of this Agreement may prove to be invalid, void or illegal, it is the intent of the parties that all other provisions of this Agreement shall remain fully valid, enforceable and binding on the parties hereto.

28. NO WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

29. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument.

30. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

31. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code Section 1090).

33. ACCEPTANCE. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement.

34. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all parties.

35. COMPLIANCE WITH ALL LAWS. SUBDIVIDER shall, at no cost to the CITY, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

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M36. COVENANTS RUN WITH THE LAND. All provisions of this Agreement shall run with the land and be binding upon the parties, their respective heirs, administrators, executors, successors, assigns, devisees, representatives and all other persons or entities acquiring the property (or any portion thereof or interest therein) which is the subject of this Agreement.

37. RECORDATION. This agreement shall be recorded at the Kern County Hall of Records.

38. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.

The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

RECREATION AND PARKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, Calffornia 93301
Telephone: ( 661) 326 -3866
SUBDIVIDER: SIERRA OAKS PARTNERS LLC
ATTENTION: TODD CUNNINGHAM
27285 Las Ramblas, Suite 239
Mission Viejo, CA 92691
Telephone: ( 949) 348 -8162
With a copy to: BOLTHOUSE PROPFERTIES, LLC
ATTENTION: STEPHAN J. DEBRANCH
2000 Oak Street, Suite 200
Bakersfield, CA 93301
Telephone: ( 661) 323 -4005

39. TAX NUMBERS.

SUBDIVIDER' s Federal Tax Identification Number: L46- 30744-3S3S Is SUBDIVIDER a corporation? Yes No X
Please check one.)

40. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

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41. HAZARDOUS MATERIALS. SUBDIVIDER knows of no hazardous material stored, dumped or in any way placed in, on, over or about Park. SUBDIVIDER knows of no activities, either public or private, wherein SUBDIVIDER or a third party has placed or dumped any hazardous material of any nature in, on, over or about Park. SUBDIVIDER takes full responsibility for cleaning up any hazardous material placed in, on or about Park at any time prior to CITY taking title and hereby fully indemnifies CITY, and CITY' s successors and assigns, from any and all liability, claims, actions, causes of action or demands whatsoever for clean up of hazardous materials found in, on, over or about Park placed prior to CITY taking title.

42. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with SUBDIVIDER or associate in any such relationship with SUBDIVIDER by reason of the provisions of this Agreement. SUBDIVIDER shall not for any purpose be considered an agent, officer or employee of CITY.

43. APPLICABILITY OF CERTAIN LAWS. SUBDIVIDER acknowledges that it is represented by its own separate legal counsel in regard to this Agreement.

SUBDIVIDER accepts responsibility for and shall be responsible for identification of and for compliance with all applicable laws pertaining to constructing those improvements referenced above and the contract or contracts pertaining thereto, including but not limited to the Labor Code, the Public Contract Code, and the Government Code of the State of California. CITY makes no representation as to the applicability or inapplicability of any laws regarding contracts, including contracts related to the construction of the Park Improvements, and especially the matters of competitive bidding and the payment of prevailing wages. SUBDIVIDER will neither seek to hold nor hold the CITY liable, and shall hold harmless and indemnify CITY, each of its officers, officials and employees for any consequence of any failure by SUBDIVIDER to correctly determine applicability of any such requirements to any contract it enters into, irrespective of whether CITY knew or should have known about applicability of any such requirement. This paragraph shall apply with respect to any enforcement action, whether public or private, and whether brought by a public enforcement agency or by private civil litigation, against SUBDIVIDER or CITY or both with respect to the matters addressed by this paragraph.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written.

CITY"

CITY OF BAK
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

RICHARD IGER
Associate City Attorney
Insurance: CU ,
APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARTMENT
By: L Z _

DIANNE HOOVER
Recreation and Parks Director
COUNTERSIGNED:

By:

NELSON K. SMITH
Finance Director
SUBDIVIDER"

SIERRA OAKS PARTNERS LLC
B
Print Name: SaS r` 4±rc; ry
Title: Senior P(`d; ccj' /AatnG1r.P!-
Rl: lsc
Attachments: Exhibit "A" - Legal Description of Park Dedication Exhibit " B" - Park Map
Exhibit " C" - Description of Plans and Specifications for Park Improvements Exhibit " D" - Zone of Benefit
Exhibit " E" - Engineer' s Bond Estimate
Certificates of Insurance
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of 1 , fjry` )
r
n
A.

On IMO*rCk 25 t
2015 before me, JWINAL - N- Qbk" N RA10Jl L ,
Date Here Insert Name and Title of the Officer
personally appeared U11
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personas) whose name( is /arw subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his /herkheir authorized capacity(ies'), and that by his /herftheir signature(g) on the instrument the person(; or the entity upon behalf of which the person(4 acted, executed the instrument. rLOA JENNIFER N. OdERT
ComaNt Ion # 2073517
Nowt' Pume - call tnll
KIM County
MV Comm. ith Jul 31 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 141#
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document- --- Description of Attached Document
Title or Type of Document:

Number of Pages: Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited eneral
Individual orney in Fact
El Trustee Guardian or Conservator
Other:

Signer Is epresenting:

Date:

Above:

Signer' s Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY ( 1- 800 - 876 -6827) Item # 5907 AKF9s
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EXHIBIT " A"

PARK SITE

LEGAL DESCRIPTION
ALL THAT PORTION OF PARCELS 10 AND 11 OF PARCEL MAP 12100 RECORDED DECEMBER 30, 2014, 2014 IN BOOK 59 OF PARCEL MAPS, AT PAGE 178 IN THE

OFFICE OF THE KERN COUNTY RECORDER, LYING WITHIN THE NORTH HALF OF SECTION 13, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 10, SAID POINT LYING ON A 2404.00

FEET RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARS NORTH 59 °26'37" EAST, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT -OFWAY OF WINDERMERE STREET; THENCE ( 1) ALONG SAID RIGHT -OF -WAY, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 030'49 ", AN ARC DISTANCE OF 315.25 FEET TO

THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 49.00 FEET WHOSE RADIAL BEARS NORTH 51 055'48" EAST; THENCE (2) CONTINUING ALONG SAID RIGHT -OF -WAY, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87 035'37 ", AN ARC DISTANCE OF 74.91 FEET;
THENCE ( 3) CONTINUING ALONG SAID RIGHT -OF -WAY, SOUTH 49 °31' 25" WEST A DISTANCE OF 575.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 946.00 FEET;
THENCE (4) CONTINUING ALONG SAID RIGHT -OF -WAY, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 °36' 51 ", AN ARC DISTANCE OF 59.67

FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 35.00 FEET, WHOSE RADIAL BEARS NORTH 36 °51' 44" WEST; THENCE ( 5) CONTINUING ALONG SAID RIGHT -OF -WAY, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49042'22 ", AN ARC DISTANCE OF 30.36

FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95.00 FEET, WHOSE RADIAL BEARS SOUTH 12050'38" WEST; THENCE (6) CONTINUING SOUTH ALONG SAID RIGHT -OF -WAY, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 °21' 37 ", AN ARC DISTANCE OF

73. 55 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 35.00 FEET, WHOSE RADIAL BEARS NORTH 31030' 59" WEST; THENCE ( 7) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48043' 44 ", AN ARC DISTANCE OF 29. 77 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 946. 00 FEET, WHOSE RADIAL BEARS NORTH 17 °12'45" EAST, SAID POINT BEING ON THE NORTHERLY RIGHT -OF -WAY OF ARBOR REAL DRIVE;
PAGE 1 OF 2
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ORIGINAL
THENCE (8) ALONG SAID NORTHERLY RIGHT -OF -WAY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 " 05' 15 ", AN ARC DISTANCE OF 183.06 FEET;
THENCE (9) NORTH 35 °26'38" EAST, A DISTANCE OF 637. 85 FEET; THENCE ( 10) NORTH 29 °31' 54" WEST, A DISTANCE OF 289.52 FEET; THENCE ( 11) NORTH 60 °58' 51" EAST, A DISTANCE OF 302.05 FEET TO A POINT LYING ON A 2404.00 FEET RADIUS NON - TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARS NORTH 65 035'40" EAST, SAID POINT ALSO BEING A POINT ON THE SOUTH RIGHT -OF -WAY OF WINDERMERE STREET; THENCE ( 12) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 009' 02 ", AN ARC DISTANCE OF 258.07, TO THE POINT OF BEGINNING.

CONTAINING 8. 20 GROSS ACRES, MORE OR LESS.

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PAGE 2 OF 2
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ORIGINA1
PARCEL 11
P. M. No. 12100
P. M. BK. 59., PG. 178.

EXHIBIT ' B'
5 PARCEL
LINER o
N89' 19'
yam ` 338.

PARCEL 10
P. M. No. 12100
P. M. BK. 59., PG. 178.
1w
STREAM ENERGY, INC. ` b i
GOSFORD 4 44U - 13" cal
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ABANDONED PLUGGED) .
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4 ENERGY, INC.

RD 4 44X - 13"
DATE: 01113/2015
1 I
JOB No. 0H
ENGINEER: FP52
OF 1 SHEETS III DRAFTSMEN: NMS

CURVE TABLE

CURVE RADIUS LENGTH DELTA TANGENT
C1 2404. 00' 258.07' 6'09' 02' 129.16'
C2 2404.00' 315, 25' 7' 30' 49" 157. 85'
C3 49. 00' 74.91' 8735' 37" 46. 98'
C4 946.00' 59. 67' 336' 51" 29. 85'
C5 35,00' 30.36' 1 49' 42' 22" 16. 21'
C6 95.00' 73.55' 44'21' 37" 38. 73'
C7 35.00' 29.77' 48'43'44" 15.85'
C8 946.00' 183. 06' 11' 05' 15" 1 91. 82'
48 "W
79 ' A\
POINT OF \

BEGINNING

PARK SITE

DEDICATION

8. 20 GROSS ACRES
6 "

CURVE TABLE

RADIAL BEARING
R1 S1 2' 50' 38 "W
R2 N31' 30' 59 "W
R3 N1712' 45 "E
R4 N36'51' 44 "W
R5 I N2817'60 "E
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STREAM ENERGY, INC. ` V
GOSFORD 4 54 - 13" \
w (

ABANDONED, PLUGGED)
A. PARCEL 9
P. M. No. 12100
N P. M. BK. 59., PG. 178.
o
N CENTER SECTION 13,
T30S, R26E, MDBM

MID - SECTION LINE
THIS MAP IS FOR ILLUSTRATIVE PURPOSES ONLY"
WMSP VILLAGE " F"

PARK SITE

CITY OF BAKERSFIELD
NSCALE: 1"= 200'
0 50 100 200
PORTER & ASSOCIATES, INC.

ENGINEERING & SURVEYI j c
1200 21st St, Bakersfield, 01 $ 30f
661. 327.0362 FAX 661927.1065
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ORIGINAL

Exhibit "C Continued
1'
SUMMERS/MURPHY 6 PARTNERS, INC.

LANDSCAPE ARCHITECTS
34191 COAST HIGHWAY SUITE 200, DANA POINT, CALIFORNIA 92629 ( 949) 443 -1446 • FAX ( 949) 443 -1631 PARK

FACILITY REQUIREMENTS
Dedication of Land Yes
Design & Development Yes
Grading and Leveling Yes
Curb /Gutter /Sidewalks /street Improvements Yes
Utilities — Electric /Water /Sewer /Phone Line Yes
Security Lighting 8 Poles
Automatic Irrigation System Yes
Maxicom Computer Controlled
Restroom & Storage Building Fixtures 2 — Male / 2 — Female Playground Areas (3) Elementary & Tot Yes
Playground Shelters and Shade Structures Yes
Turf and Landscaping Soil Amendments Yes
Tree (48" Box) 25
Tree (36" Box) 40
Tree (24" Box) 100
Shrubs (5 Gallon Size) 2000
Shrubs (15 Gallon Size) 1000
Concrete Walkways Yes
Meandering D. G. Trail 6' Wide Yes
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Aluminum Benches 28
Aluminum Tables 16
Barbeques 4
Drinking Fountains 5
Trash Containers 40
Bike Rack 4
Open Field Area Yes
Soccer Field 200' x 300'
Tennis Court 2
Amphitheater with Overhead Trellis and D. G Stage 1
Tubular Steel Fence with Access Openings Yes
Parking Lot w/ ( 2) H. C. Parking Stalls Yes
Monument Wall with Park Name Yes
City Standards & Specs Yes
Masonry Block Wall along Western Border of Park Yes
Adjacent to Future Residential

EXHIBIT C
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ORIGINAL
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No. 13 - 0179 J — L BUENA
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ORIGINAL
Exhibit "E"
JIMIM12
SUMMERS /MURPHY & PARTNERS INC.

LANDSCAPE ARCHITECTS
reri...,. e.. nrre -wa <, e •. us. r... y. v. o va,
BELCOURT AT SEVEN OAKS 8. 2 ACRE PARK
Sierra Oaks Partners, LLC
Note: • This is a bond estimate only and not to be used for pay any other purposes.

Preliminary Ooinion of Cost Estimate

HARDSCAPE
Parking Lot Paving 15177 s. f. 151, 770.00
Concrete Walk Paving inside 39010 s. f. 175, 545.00
Concrete Parkway outside 15759 s. f. 70,915. 50
Park Trail 9270 s. f. 23, 175.00
Tennis Courts ( 2)
25 150,000.00
Restroom 750 s. f. 75,000.00
Shade Structures ( 2) 1200 s. f. 102,000.00
Tension Shade at Amphitheater 1350 s. f. 60,750.00
Drinking Fountains (4)
2000
48,000.00
Bike Racks ( 3)
1000
9, 000,00
Safety Fencing along roadways 1200 I. f. 54,000.00
Park Signage and Kiosk
8000
50,000.00
Park Lighting (parking lot, walkway)
60 75,000.00
Tot Lot (age group play equip, rubber surface)
61640 s. f.
100,000.00
Mansonry Block Wall ( Western Border to the Park) 877 Lf 57,005.00 SUB TOTAL $ 1, 202, 160.50

SOFTSCAPE
Soil Prep & Fine Grade 270500 s. f. 94,675.00
Automatic Irrigation 270500 s. f. 405,750.00
Hydro seeded Turf 230744 s.f. 80,760.40
Trees
48 inch box 25 32,500.00
36 inch box 40 20,400.00
24 inch box 100 25,000.00
Shrubs
5 gallon 2000 30,000.00
15 gallon 1000 85,000.00
Ground Covers
1 gallon 8000 52, 000.00
Vines 15 gallon 60 5, 100.00
Mulch 3 inches in shrub areas 61640 s. f. 40,066.00
SUB TOTAL $ 871,251. 40
TOTAL $ 2, 073,411.90
CONTINGENCY 15% $ 2. 384.423. 69
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 12 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY

OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR

AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

State Or Governmental Agency Or Subdivision Or Political Subdivision:

Per Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Section II — Who Is An Insured is amended to include
as an insured any state or governmental agency or
subdivision or political subdivision shown in the
Schedule, subject to the following provisions:

1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or
political subdivision has issued a permit or authorization.

2. This insurance does not apply to:
a. " Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or
b. "Bodily injury" or "property damage" included within the " products- completed operations hazard ".

CG 20 12 05 09 Insurance Services Office, Inc., 2008
0AK
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Page 1 of 1 ends

ORIGINAI
n SIERR05 OP ID: EM

ACORO CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM /DDIYYYY)
03/02/2015
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 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).

PRODUCER
Clifford & Bradford Ins Agency
1515 20th Street
Bakersfield,
Michael W. CooperCooper er

CONTACT
Courtney Cole
PHONE FAX A/ No E1, 11: 661 - 283 -8100 ( AIC No): 661- 283 -8111 nlDRESS: [email protected]

X COMMERCIAL GENERAL LIABILITY
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: United Specialty Ins. Co.

EACH OCCURRENCE
INSURED Sierra Oaks Partners LLC
Woodbridge Pacific Group, Inc.
27285 Las Ramblas Ste 230
INSURER B:

INSURER C:

X
INSURER D'.

BT01416699
Mission Viejo, CA 92691
INSURER E:

PREMISES Ea occurrence EXCLUDE
INSURER F:

MED EXP ( Any one person) EXCLUDE
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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.

INSR LTR TYPE OF INSURANCE I
ACCORDANCE WITH THE POLICY PROVISIONS.

POLICY NUMBER

POLICY EFF MMIDDIYYW MMIDDIYYYY POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2, 000, 000 CLAIMS -MADE Al OCCUR X BT01416699 03115/2014 03/ 15/2017 PREMISES Ea occurrence EXCLUDE MED EXP ( Any one person) EXCLUDE
PERSONAL & ADV INJURY 2,000,00
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY F] PRO
JECT LOC PRODUCTS - COMP /OP AGG 2,000, 000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY (Per person) ANY AUTO

ALL OWNED SCHEDULED

AUTOS AUTOS
BODILY INJURY (Per accident)

PROPERTY DAMAGE
HIRED AUTOS Per accident

NON -OWNED
AUTOS

UMBRELLA LIAR OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS -MADE AGGREGATE
DED I I RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/ PARTNER /EXECUTIVE
PER -

STATUTE ER
E. L. EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED? N I A
Mandatory In NH) E. L. DISEASE - EA EMPLOYEE
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required)

CITY OF BAKERSFIELD ITS MAYOR, COUNCIL OFFICERS, AGENTS EMPLOYEES AND VOLUNTEERS ARE AD61TIONAL INSURED TO fHE GENERAL LIABILITY PER FORM CG2012 05/09.

CERTIFICATE HOLDER CANCELLATION

CITYBAK

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

CITY OF BAKERSFIELD

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

RISK MANAGEMENT OFFICE
1501 TRUXTUN AVE

AUTHORIZED REPRESENTATIVE
BAKERSFIELD, CA 93301
1988 -2014 ACORD CORPORATION.

ACORD 25 ( 2014/01) The ACORD name and logo are registered marks of ACORD All rights re r
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ORIG" AL
III :, WOODPAC -01 HEPE
ACOR" CERTIFICATE OF LIABILITY INSU NCE
DATE (MMIDDlYYM
9/ 3012014
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(les) must 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).

PRODUCER
Automatic Data Processing Insurance Agency, Inc
1 ADP Boulevard
Roseland, NJ 07068
NAME:

PHONE FAX AIC No
ADDRESS: EMAIL
INSURERS) AFFORDING COVERAGE NAIC i
INSURER A: AIG Property Casualty Co
INSURED Woodbridge Pacific Group
27285 Las Ramblas Ste 230
Mission Viejo, CA 92691-
INSURERB:

INSURERC:

EACH OCCURRENCE
INSURER D:

PREMISES Ea occurrence
INSURER E :

MED EXP ( Any one person)
INSURER F :

PERSONAL & ADV INJURY
CAVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER:

IN SR

TYPE OF INSURANCE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield

POLICY NUMBER MMIDD EFF MM, EXP
LIMITS

AUTHORIZED REPRESENTATIVE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE F OCCUR

EACH OCCURRENCE
PREMISES Ea occurrence
MED EXP ( Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

GEN' L AGGREGATE LIMIT APPLIES PER

POLICY PIE LOC

PRODUCTS - COMP /OP AGG

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED
AUTOS

N N -OWNED

HIRED AUTOS AUTOS

COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PPROaERdYDAMAGE

UMBRELLALIAB

EXCESS LIAB
OCCUR

CLAIMS- MADE

EACH OCCURRENCE

AGGREGATE

DED RETENTION
A

WORKERS COMPENSATION
AND EMPLOYERS' LIABILnY YIN

ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER F—] EXCLUDED?
Mandatory in NH)
If yes. desonbe under
DESCRIPTION OF OPERATIONS below
NIA
X WC065256310 5/ 28/ 2014 5/ 28/2015
W STATU- 0THY LIMITS ER
E L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E . DISEASE - POLICY LIMIT 1 $ 1, 000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, If more space is required)

CERTIFICATE HOLDER CANCELLATION
U 18BS - ZU1U AGUKU GUKF' UKA I l
ACORD 25 ( 2010/ 05) The All name and logo are registered marks of ACORD All ngnis ress ervel I
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ORIGINAL

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield ACCORDANCE WITH THE POLICY PROVISIONS.

Public Works Department
1600 Truxton Ave AUTHORIZED REPRESENTATIVE
Bakersfield, CA 93301-
U 18BS - ZU1U AGUKU GUKF' UKA I l
ACORD 25 ( 2010/ 05) The All name and logo are registered marks of ACORD All ngnis ress ervel I
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ORIGINAL
J

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.

The following " attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM 05/ 28/ 2014 forms a part of Policy No. WC 065 -25 -6310 Issued to WOODBRIDGE PACIFIC GROUP INC
By GRANITE STATE INSURANCE COMPANY
Premium 2655
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 5. 0 % of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization
C7ALIFFORNIA COASTAL COMMUNITIES, INC.

MiSSlAVIEJO, CA 92691
JOB NUMBER: NONE PROVIDED
JOB LOCATION: NEAR BOLSACHEEKA & WARNER AVENUE IN

HUNTINGTON BEACH, CA

WHISPERING HILLS, LLC
19800 MACARTHUR BLVD # 700
IRVINE, CA 92612
JOB NUMBER: NONE PROVIDED
JOB LOCATION: NEAR HIGHWAY 74 & LA PATA IN

SAN JUAN CAPISTRANO, CA
THE PREMIUM WILL BE 5% OF THE UNMODIFIED PREMIUM

ARISING OUT OF THE WORK FOR WHICH THE WAIVER IS
GRANTED. MINIMUM PREMIUM IS $ 250.

CITY OF BAKERSFIELD
1600 TRUXTON AVE.

BAKERSFIELD, CA 93301
THE PREMIUM WILL BE 5% OF THE UNMODIFIED PREMIUM

ARISING OUT OF THE WORK FOR WHICH THE WAIVER IS
GRANTED. MINIMUM PREMIUM IS $ 250.

Job Description

DEVELOP, BUILD, SELL
HOMES

DEVELOP, BUILD, SELL
HOMES
RE: PROJECT MGMT

FOR MASTERPLANNED

COMMUNITY
WC 04 03 06 Countersigned by _ _ _ _ _ _ t3AKF
Ed. 04184) 8- 9U
Authorized Representati ,
U C7

ORDINAL
AGREEMENT NO. 15 -070 ( 1)
AMENDMENT NO. 1 TO AGREEMENT NO. 15 -070
THIS AMENDMENT NO. ONE ( 1) TO AGREEMENT NO. 15 -070 is made and entered into on MAR 3 0 1016 ( the " First Amendment Date "), by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" herein), and SIERRA OAKS PARTNERS LLC, a Delaware limited liability company SUBDIVIDER" herein).

RECITALS
WHEREAS, on March 25, 2015, CITY and SUBDIVIDER entered into Agreement No. 15 -070 for the acquisition and development of Belcourt at Seven Oaks Park ( "Park "); and
WHEREAS, Agreement No. 15 -070 called for SUBDIVIDER to begin construction of Park prior to the issuance of any building permit and complete construction by March 1, 2016; and
WHEREAS, on September 2, 2015, SUBDIVIDER requested to delay the deadline to begin construction of Park due to a slowing of SUBDIVIDER' s home development forecast; and
WHEREAS, CITY agrees to amend Agreement No. 15 -070 in order to allow developer to build Park at a more appropriate time.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBDIVIDER mutually agree to amend Agreement No. 15 -070 as follows:

Section 1. Part I, Section 3 of Agreement No. 15 -070 is hereby amended to read as follows:

3. TIME OF CONSTRUCTION. SUBDIVIDER shall commence
construction of the Park by no later than the date that the City issues a building permit for the 300th residential dwelling unit within the Zone of Benefit, in addition to the building permits previously issued for the Park Square
apartments ( the " Park Commencement Date') and shall
complete construction within two years following the Park Commencement Date ( the " Park Completion Date "),
unless an extension of time is granted by CITY in writing and approved by the City Council. If construction of the Amendment No. I to Agreement No. 15 -070 0AKF9
Belcoutl70oksAckDevAgrAmend .20151206. 07 O

Page 1 of 7 ends

Z5ORIGINAL
Park has not commenced by the Park Commencement
Date, then no further building permits will be issued for residential dwelling units within the Zone of Benefit until SUBDIVIDER commences construction of the Park. If a
Notice of Completion of the Park is not recorded by the Park Completion Date, no further Building Permits will be issued for residential dwelling units within the Zone of Benefit until a Notice of Completion of the Park is
recorded.

Section 2. Part II of Agreement No. 15 -070 is hereby amended to read as follows:

REFUND TO SUBDIVIDER / SUBDIVIDER' S PARK DEVELOPMENT DEPOSITS /

DEDICATION UPON DEFAULT / SATISFACTION OF PARK DEVELOPMENT

REQUIREMENTS / NO CITY LIABILITY

6. Refund to SUBDIVIDER / SUBDIVIDER' s Park Development Deposits.

6. 1 Refund to SUBDIVIDER. Upon SUBDIVIDER' s
satisfactory completion of construction of the Park
Improvements, CITY shall refund to SUBDIVIDER the sum of Three Hundred Ninety -Two Thousand Two Hundred Twenty - Four Dollars ($ 392, 224.00) which SUBDIVIDER previously deposited with the CITY as security for parkland development in connection with the Park Square at Seven Oaks apartment project ( "SUBDIVIDER' s Park Square Deposit ").

6.2 SUBDIVIDER' s Park Development Deposits. In
order to provide further assurances to the CITY to secure SUBDIVIDER' s obligations under this Agreement, SUBDIVIDER and CITY agree as follows.

6. 2. 1 Upon the issuance of each building permit
for a residential dwelling unit within the Zone of Benefit SUBDIVIDER shall deposit with CITY an amount equal to the park development, improvement and enhancement fee
payable to the CITY for a similar residential dwelling pursuant to the provisions of Bakersfield Municipal Code Section 15. 82 effective as of the earlier of, ( i) the date of issuance of such gAKF9
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OR NAI.
building permit, or ( ii) the date of approval or conditional approval of SUBDIVIDER' S vesting tentative map ( or other applicable vesting method), if any, which is applicable to the lot for which such building permit is issued ( each, a " Park Development Deposit," and collectively, " Park Development Deposits ").

6. 2.2 With respect to the Park Development
Deposits:

6. 2. 2. 1 In the event of SUBDIVIDER' s
material default of its obligations under this Agreement, CITY shall have and retain all such Park Development Deposits, and shall have the right to use the some for the development, improvement and /or enhancement of park facilities
benefiting the Zone of Benefit. The provisions of this Section

6. 2. 2. 1 shall not diminish or otherwise affect the CITY' s right to call upon or enforce the CITY' S improvement security as referenced in Sections 17 through 19 below.

6. 2.2.2 Upon SUBDIVIDER' s completion
of the Park Improvements in accordance with Article I and SUBDIVIDER' s conveyance of the Park to the CITY in
accordance with Article IV below, CITY shall refund to
SUBDIVIDER all Park Development Deposits theretofore
collected by the CITY, and thereafter CITY shall on a quarterly basis refund to SUBDIVIDER all additional Park Development Deposits collected by the CITY up to a total reimbursement to SUBDIVIDER equal to the lesser of the following, ( i) the total amount of the Park Development Deposits collected by the CITY upon the issuance of building permits for residential dwelling units within the Zone of Benefit, (ii) an amount equal to SUBDIVIDER' s actual verified costs incurred in the design, engineering and construction of the Park Improvements
including any subsequent park improvements constructed
for the Park as contemplated in Section 17. 1 below), or (iii) an amount equal to the Engineer' s Bond Estimate as referenced in Section 17. 1 below ( together with any subsequent
Engineer' s Bond Estimate relating to subsequent park
improvements constructed for the Park). Any unrefunded
balance of the Park Development Deposits, including any interest earned thereon, shall be retained by CITY.

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7. City' s Rights and Remedies Upon SUBDIVIDER' s Default. If SUBDIVIDER defaults on its obligations under this Agreement, CITY shall have all rights and remedies available to CITY at law or in equity on account of such default, including the right to retain SUBDIVIDER' s Park Square Deposit and the Park Development Deposits, and the right to require the payment of park
development, improvement and /or enhancement fees as called for in chapter 15. 82 of the Bakersfield Municipal Code as a condition to the further issuance of building permits for residential dwelling units within the Zone of Benefit. In addition to the foregoing, if SUBDIVIDER defaults on its obligation to commence construction of the Park by the Park Commencement Date or to complete construction of the Park by the Park Completion Date, then, in addition to CITY' s other rights and remedies under this Agreement, SUBDIVIDER shall, upon SUBDIVIDER' s receipt of CITY' s written notice of such default and demand for dedication, dedicate the Park property to the CITY for use as a public park site.

8. Satisfaction of Park Dedication and Park Development.

Improvement and Enhancement Requirements. SUBDIVIDER' s completion of the Park Improvements and dedication of the Park, as contemplated in this Agreement shall satisfy all park dedication, development, improvement and enhancement requirements for the full build -out of the Zone of Benefit, including all requirements under chapters 15. 80 and 15. 82 of the Bakersfield Municipal Code, all requirements under section 9. 1 of the Specific Plan, including implementation measures P - 1 through P - 6, inclusive, thereof, and any conditions of approval requiring park dedication,
development, improvement and /or enhancement. Accordingly, except as specified to the contrary in Section 7 above, development within the Zone of Benefit shall be exempt from the provisions of chapter 15. 80 of the Bakersfield Municipal Code pursuant to the provisions of Section 15. 8O. 19O. D thereof, and shall be exempt from the provisions of chapter 15. 82 of the Bakersfield Municipal Code pursuant to the provisions of Section 15.82.O7O. B thereof.

9. No CITY Liability. CITY shall have no liability for failure to collect any park development, improvement and /or enhancement fees specified herein and cannot and does not pledge itself that such moneys will be collected. SUBDIVIDER acknowledges and agrees that except as specified to the contrary in Section 7 above, CITY will not collect park development, improvement and /or Amendment No. I to Agreement No, 15 -070 0AKF9
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ORIGINAL
enhancement fees from the Zone of Benefit, and accordingly no such fees will be available to reimburse SUBDIVIDER for or in connection with the development of the Park. SUBDIVIDER shall deposit with the CITY Park Development Deposits, and CITY shall refund to SUBDIVIDER SUBDIVIDER' s Park Square Deposit and the Park Development Deposits, as more particularly set forth in Part II, Section 6 above.

Section 3. Part V, Section 17. 1 of Agreement No. 15 -070 is hereby amended to read as follows:

The Engineer' s Bond Estimate which is attached hereto as Exhibit " E" and incorporated as though fully set forth herein reflects the estimated cost of the various features of the Park Improvements as of March 25, 2015. At or before SUBDIVIDER' s commencement of construction of the Park, SUBDIVIDER shall deliver to CITY, for CITY' s approval, an updated Engineer' s Bond Estimate which reflects the estimated cost of the various features of the Park Improvements as of such time, and such updated Engineer' s Bond Estimate approved by the CITY shall be used, if applicable, as the basis for the reduction of security in connection with the CITY acceptance of Park Improvements, and, if applicable, for the refund of Park Development Deposits to SUBDIVIDER as contemplated in clause (iii) of Section 6. 2. 2. 2 above. In the event SUBDIVIDER elects to construct subsequent improvements for the Park then, following CITY' s approval of such subsequent improvements, and at or before SUBDIVIDER' s commencement of construction of such subsequent improvements, SUBDIVIDER shall deliver to CITY, for CITY' s approval, an Engineer' s Bond Estimate for such subsequent improvements which shall be used, if applicable, as the basis for the reduction of security in connection with the CITY acceptance of such supplemental improvements, and, if applicable, for the refund of Park Development Deposits to SUBDIVIDER as contemplated in clause (iii) of Section 6. 2. 2 above.
o``
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Amendment No. 1 to Agreement No. 15070
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Page 5 of 7 ends

Section 4. Part V, Section 34 of Agreement No. 15 -070 is hereby amended to read as follows:

34. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all parties, provided, however, that SUBDIVIDER shall have the right to assign SUBDIVIDER' s rights and delegate SUBDIVIDER' s obligations under this Agreement to Bolthouse Properties, LLC, a California limited liability company or Bolthouse Development Company, LLC, a California limited liability company (in either case, " BOLTHOUSE"), effective upon SUBDIVIDER' s or BOLTHOUSE' s delivery to CITY of written notice of such assignment and delegation, together with a fully executed original of an assignment and assumption agreement duly signed by both SUBDIVIDER and BOLTHOUSE by which SUBDIVIDER assigns to BOLTHOUSE its rights and delegates its obligations under this Agreement, and BOLTHOUSE accepts and assumes such rights and obligations.

Section 4. Except as amended herein, all other provisions of Agreement No. 15 -070 shall remain in full force and effect.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
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aRlalrvAl
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One ( 1) to Agreement No. 15 -070 to be executed the day and year first above written.

CITY"

CITY OF BAKERSFIELD
By:

HARVEY L. HALL
Mayor
APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARTMENT
REn
By: N+ QVr- t mfiV 0---

DIANNE HOOVER
Recreation and Parks Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: C/ ti

RICHARD IGER
Deputy City Attorney
COUNTERSIGNED:

By:

NELSON SMITH
Finance Director
Rl: lsc
Amendment No. 1 to Agreement No. 15 -070
Belcourt7oaksAckDevAgrAmend .20151206.07
SUBDIVIDER"

SIERRA OAKS PARTNERS LLC,
Senior Projects Manager

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Tract 7372
04/04/2024 Thru 02/28/2025
Fee: Number Type Fee Template Name AR Ledger Account Name Permit: Number Total Applicant Name Fee Paid Date Permit: Address Permit: Unit TRACT LOT PHASE 1971097 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0186 2,095.00 Jack Lundy 11/6/2024 12619 ESPALIER COURT 7372 46 2 1970981 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0179 2,095.00 Jack Lundy 11/6/2024 12727 FAIRLAWN DRIVE 7372 41 2 1970999 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0180 2,095.00 Jack Lundy 11/6/2024 12721 FAIRLAWN DRIVE 7372 42 2 1971031 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0182 2,095.00 Jack Lundy 11/6/2024 12715 FAIRLAWN DRIVE 7372 43 2 1971049 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0183 2,095.00 Jack Lundy 11/6/2024 12709 FAIRLAWN DRIVE 7372 44 2 1971066 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0184 2,095.00 Jack Lundy 11/6/2024 12703 FAIRLAWN DRIVE 7372 45 2 1971116 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0187 2,095.00 Jack Lundy 11/6/2024 12613 ESPALIER COURT 7372 47 2 1971134 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0188 2,095.00 Jack Lundy 11/6/2024 12610 ESPALIER COURT 7372 48 2 1971165 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0190 2,095.00 Jack Lundy 11/6/2024 12616 ESPALIER COURT 7372 49 2 1971192 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0191 2,095.00 Jack Lundy 11/6/2024 12622 ESPALIER COURT 7372 50 2 1848534 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005419 2,095.00 Jack Lundy 6/5/2024 7372 34 2 1654294 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005420 2,095.00 Jack Lundy 6/5/2024 7372 35 2 1680904 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005416 2,095.00 Jack Lundy 6/5/2024 7372 31 2 1723215 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005424 2,095.00 Jack Lundy 6/5/2024 7372 39 2 1462406 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005421 2,095.00 Jack Lundy 6/5/2024 3531 JARDINEIRE LANE 7372 36 2 1521263 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005425 2,095.00 Jack Lundy 6/5/2024 7372 40 2 1562557 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005422 2,095.00 Jack Lundy 6/5/2024 7372 37 2 1366681 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005417 2,095.00 Jack Lundy 6/5/2024 7372 32 2 1135901 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005423 2,095.00 Jack Lundy 6/5/2024 7372 38 2 1142535 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005418 2,095.00 Jack Lundy 6/5/2024 7372 33 2 1997584 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0260 3,142.00 Jack Lundy 2/27/2025 3711 PATHWAY COURT 7372 61 2 1997659 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0263 3,142.00 Jack Lundy 2/27/2025 3719 PATHWAY COURT 7372 60 2 1997678 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0264 3,142.00 Jack Lundy 2/27/2025 3703 PATHWAY COURT 7372 62 2 1997697 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0265 3,142.00 Jack Lundy 2/27/2025 3617 PATHWAY COURT 7372 63 2 1997716 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0266 3,142.00 Jack Lundy 2/27/2025 3609 PATHWAY COURT 7372 64 2 1997755 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0268 3,142.00 Jack Lundy 2/27/2025 3612 PATHWAY COURT 7372 67 2 1997734 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0267 3,142.00 Jack Lundy 2/27/2025 3604 PATHWAY COURT 7372 66 2 1997774 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0269 3,142.00 Jack Lundy 2/27/2025 3702 PATHWAY COURT 7372 68 2 1997793 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0270 3,142.00 Jack Lundy 2/27/2025 3710 PATHWAY COURT 7372 69 2 1997811 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0271 3,142.00 Jack Lundy 2/27/2025 3718 PATHWAY COURT 7372 70 2 $ 73,320.00
Tract 7376
04/04/2024 Thru 02/28/2025
Fee: Number Type Fee Template Name AR Ledger Account Name Permit: Number Total Applicant Name Fee Paid Date Permit: Address Permit: Unit TRACT LOT PHASE 1298917 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400004694 2,095.00 John Balfanz Homes 5/16/2024 12211 MADELYN DR 7376 20 2 1360165 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400003172 2,095.00 John Balfanz Homes 4/9/2024 12517 MADELYN DR 7376 35 2 1369750 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400003170 2,095.00 John Balfanz Homes 4/9/2024 12523 MADELYN DR 7376 36 2 1375519 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005719 2,095.00 John Balfanz Homes 6/10/2024 12407 MADELYN DR 7376 27 2 1388478 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400008031 2,095.00 John Balfanz Homes 8/6/2024 12615 PETALUMA CT 7376 39 2 1077120 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400003173 2,095.00 John Balfanz Homes 4/9/2024 3919 TOLOSA CT 7376 10 2 1121549 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400007255 2,095.00 John Balfanz Homes 7/23/2024 12204 MADELYN DR 7376 17 2 1151309 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400008032 2,095.00 John Balfanz Homes 8/6/2024 12611 PETALUMA CT 7376 38 2 1206494 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400006849 2,095.00 John Balfanz Homes 7/10/2024 12411 MADELYN DR 7376 28 2 1993047 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0131 2,095.00 John Balfanz Homes 2/6/2025 12819 KINNICK COURT 7376 14 3 1978303 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0278 2,095.00 John Balfanz Homes 12/5/2024 12708 GRAHAM COURT 7376 23 3 1978323 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0279 2,095.00 John Balfanz Homes 12/5/2024 12706 KINNICK COURT 7376 7 3 1978346 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0280 2,095.00 John Balfanz Homes 12/5/2024 12707 KINNICK COURT 7376 20 3 1984768 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0355 2,095.00 John Balfanz Homes 1/9/2025 12813 KINNICK COURT 7376 15 3 1984786 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0356 2,095.00 John Balfanz Homes 1/9/2025 12701 KINNICK COURT 7376 21 3 1984806 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0357 2,095.00 John Balfanz Homes 1/9/2025 12713 KINNICK COURT 7376 19 3 1984825 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0358 2,095.00 John Balfanz Homes 1/9/2025 12700 KINNICK COURT 7376 6 3 1971900 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0205 2,095.00 John Balfanz Homes 11/6/2024 3906 NAYREE LANE 7376 2 3 1971918 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0206 2,095.00 John Balfanz Homes 11/6/2024 3820 NAYREE LANE 7376 4 3 1971936 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0207 2,095.00 John Balfanz Homes 11/6/2024 12702 GRAHAM COURT 7376 22 3 1971956 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0208 2,095.00 John Balfanz Homes 11/6/2024 3912 NAYREE LANE 7376 1 3 1945528 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0013 2,095.00 John Balfanz Homes 9/16/2024 12701 PETALUMA CT 7376 41 2 1945451 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0009 2,095.00 John Balfanz Homes 9/16/2024 12616 PETALUMA CT 7376 45 2 1945470 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0010 2,095.00 John Balfanz Homes 9/16/2024 12621 PETALUMA CT 7376 40 2 1945489 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0011 2,095.00 John Balfanz Homes 9/16/2024 12612 PETALUMA CT 7376 46 2 1945508 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0012 2,095.00 John Balfanz Homes 9/16/2024 12606 PETALUMA CT 7376 47 2 1963544 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0090 2,095.00 John Balfanz Homes 10/9/2024 12605 PETALUMA CT 7376 37 2 1963593 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0091 2,095.00 John Balfanz Homes 10/9/2024 12704 PETALUMA CT 7376 43 2 1963618 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0092 2,095.00 John Balfanz Homes 10/9/2024 12705 PETALUMA CT 7376 42 2 1963644 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-24-0093 2,095.00 John Balfanz Homes 10/9/2024 12712 KINNICK COURT 7376 8 3 1787813 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400004696 2,095.00 John Balfanz Homes 5/16/2024 12207 MADELYN DR 7376 19 2 1829007 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005718 2,095.00 John Balfanz Homes 6/10/2024 12301 MADELYN DR 7376 21 2 1882172 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400006850 2,095.00 John Balfanz Homes 7/10/2024 12309 MADELYN DR 7376 23 2 1610765 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005720 2,095.00 John Balfanz Homes 6/10/2024 12313 MADELYN DR 7376 24 2 1652916 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400008034 2,095.00 John Balfanz Homes 8/6/2024 12403 MADELYN DR 7376 26 2 1661479 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400004693 2,095.00 John Balfanz Homes 5/16/2024 12203 MADELYN DR 7376 18 2 1678526 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400008033 2,095.00 John Balfanz Homes 8/6/2024 12620 PETALUMA CT 7376 44 2 1689999 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400005717 2,095.00 John Balfanz Homes 6/10/2024 12305 MADELYN DR 7376 22 2 1396280 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400003408 2,095.00 John Balfanz Homes 4/18/2024 3915 TOLOSA CT 7376 11 2 1462283 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400004698 2,095.00 John Balfanz Homes 5/16/2024 12208 MADELYN DR 7376 16 2 1478552 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400006851 2,095.00 John Balfanz Homes 7/10/2024 12317 MADELYN DR 7376 25 2 1502930 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) 2400004697 2,095.00 John Balfanz Homes 5/16/2024 12212 MADELYN DR 7376 15 2 1989376 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0126 2,095.00 John Balfanz Homes 2/6/2025 12806 KINNICK COURT 7376 11 3 1989362 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0125 2,095.00 John Balfanz Homes 2/6/2025 3814 NAYREE LANE 7376 5 3 1989395 Park Fee (South West) Subdivision - Park Fee (South West) Subdivision - Park Fee (South West) BLD-RPSP-25-0127 2,095.00 John Balfanz Homes 2/6/2025 12801 KINNICK COURT 7376 17 3 $ 94,275.00

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent-Miscellaneous TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 4, 2025
SUBJECT: Roadway Improvements along Panama Lane and West of South Allen Road.

Appropriate $4,500,000 from the Buena Vista Water Storage District settlement funds to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund for Roadway Improvements north of Panama Lane and/ or West of Allen Road (Ward 5)
RECOMMENDATION:

Staff recommends approval of appropriation.

BACKGROUND:

On November 6, 2024, the Buena Vista Water Storage District (BVWSD) and Rosedale-Rio Bravo Water Storage District (RRBWSD), herein known as the “Districts”, entered into a settlement agreement whereby BVWSD agreed to pay the City of Bakersfield $4,500,000 in exchange for the City’s dismissal of certain litigation in regard to the 2,070-acre McAllister Ranch property owned by the Districts. The property located north of Panama Lane and West of South Allen Road is now known as the James Groundwater and Recovery Project. The dispute between the Districts and the City arose because the Districts’ plan to develop the property for water banking purposes. The parties decided to settle the lawsuit filed in the Kern County Courts. The agreement stipulated the funds were to offset costs necessary to extend South Allen Road on the eastern boundary of the McAllister Ranch Groundwater Banking Facility and improve Panama Lane along the southern boundary of the property.

This project will enable staff to evaluate whether to use the funds to extend South Allen Road farther south to Panama Lane and/or for widening the northside of Panama Lane along the frontage of McAlister Ranch. Neither of these improvements will serve any immediate congestion relief, although building these improvements now will not cost additional funds in the future. The City will benefit from constructing the roadway improvements at current costs rather than future costs, which tend to be higher due to inflation.

This item appropriates the funds from the settlement into a Project in the current FY 2024-2025 to improve the roadways of these areas. The design of this project should extend to FY 2025-2026, which could include land acquisition if needed. Construction is anticipated to be scheduled for FY 2026-2027.

FISCAL IMPACT:

This funding is through a settlement agreement with Buena Vista Water Storage District; therefore, there is no general fund impact associated with this appropriation.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

None

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: CONSENT - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: March 14, 2025
SUBJECT: Authorization to issue Proposition 218 notices for City Domestic Water System Rates for Fiscal Year 2025/26 through 2029/30.
[Document Description]
RECOMMENDATION:

Staff recommend granting authorization to mail Proposition 218 notices to ratepayers notifying them of the proposed changes to Domestic Water Quantity Rates and Monthly Readiness-to-Serve Rates for Fiscal Year 2025/2026 through 2029/2030
BACKGROUND: The Water Department – Water Resources Department provides domestic water services for the distribution of clean drinking water to residents and businesses within the City of Bakersfield's Domestic Service Area. The Domestic Water Enterprise fund is self-sustaining supported primarily by service connection fees, water availability fees and monthly domestic water sales to residents within the Domestic Service Area. The City of Bakersfield' s domestic water system currently has one of the lowest monthly rates in urban Bakersfield.

In 2022, the City contracted with a consultant to prepare a five-year Domestic Water Rate Study. The consultant recommended a 5-year rate increase of 15%, 10%, 10%, 3%, 3% annually but a rate increase of 10% in FY 24, with four additional years of 6% increases, was ultimately approved by the City Council in June 2023 and adopted July 1, 2023.

Since the rate increase went into effect, water system infrastructure continues to age and significant well rehabilitations, service line replacements, and generator replacements have been identified. In addition, new State regulations have recently passed that impact the City’s operation of the Domestic Water System. These regulations include Water Conservation is a Way of Life, Lead and Copper Rule Improvements, and additional water quality regulations for PFOs, which were all finalized in 2024. These regulations have increased anticipated operating and capital improvement project expenditures to comply with regulations that were not factored in the current rate study.

Chapter 14.04 of the Bakersfield Municipal Code outlines the process by which the City establishes the fees and rates for the Domestic Water Service Area. Based on the above reasoning and several factors which contribute to increased costs, including electricity, removal of the groundwater contaminant 123- TCP and PFOs, system repair and maintenance, and additional capital improvement projects, it has been determined that this rate increase for Fiscal Years 2025/26 through 2029/30 is necessary to help meet these costs.

California state law (Proposition 218) requires that fees adopted by City for services rendered do not exceed the reasonable estimated cost for providing the services. Staff have determined that the proposed rates do not exceed the cost of services. Proposition 218 also requires a public hearing in which the public may support or protest the rate increase.

Proposition 218 process entails a protest -ballot whereby property owners are notified of a proposed fee or fee increase and have a 45-day period to issue a protest against the fee increase, either in writing or at a public hearing. Notices would be mailed out in April. The public hearing to consider the proposed update is scheduled for June 11, 2025, City Council meeting. City Council is not voting tonight to approve the proposed Domestic Water Quantity Rates increases.

Tonight' s Council action authorizes staff to mail out Proposition 218 to Domestic Water customers notifying them of the proposed Domestic Water Quantity Rates changes for Fiscal Years 2025/26 through 2029/30. Under the terms of the operation and maintenance agreement between the City and California Water Service Company (Cal Water), rate change notices and customer billing for the City' s Domestic Water Service Area is administered by Cal Water.

FISCAL IMPACT:

No impact to the general fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Domestic Water – Prop 218 Notice of Public Hearing

2. 2025-0326 - Water Rate Presentation

CITY OF BAKERSFIELD

NOTICE OF PUBLIC HEARING ON PROPOSED INCREASES TO DOMESTIC WATER RATES NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held before the Bakersfield City Council at 5:15 p.m., or as soon thereafter as the matter may be heard, on Wednesday June 11, 2025 in the Council Chambers of City Hall located at 1501 Truxtun Avenue, Bakersfield, California, for the purpose of considering increases to Domestic Water Rates. The new rates, if adopted, will go into effect on July 1, 2025. In compliance with Proposition 218, affected property owners within the City of Bakersfield’s Domestic Water Service area are hereby informed of the proposed increase to Domestic Water Rates.

Background:

Pursuant to Chapters 14.04, 14.06, and 14.08 of Title 14 of the Bakersfield Municipal Code, the City of Bakersfield Domestic Water System provides residents and customers with a firm, reliable, high quality water supply in quantities and under sufficient pressure to meet customer demands. Charges for water service are paid directly by property owners and/or occupants through bills rendered monthly. In compliance with Proposition 218, property owners and/or customers of the City of Bakersfield Domestic Water System are hereby informed of a proposed increase in the Domestic Water Rates. Your water service is included in this action and is identified in the accompanying bill enclosed in this mailing.

City staff have performed a thorough evaluation of current expenses and capital improvement projects for the Domestic Water System and have developed a ten-year infrastructure master plan and operating budget. Based on this thorough evaluation, the proposed changes will ensure that the cost of service is fairly and equitably recovered from all customer groups in proportion to the service each is receiving, and that total revenue is sufficient to fund operational and capital costs, as well as ensure sufficient reserves to meet long-term needs.

Proposed Rate Changes:

The proposed increases will help meet the costs of operation and maintenance, meeting water quality standards, and funding for capital costs for a five-year period.

SCHEDULE OF RATES
Within City
Limits
Fairhaven &
Unincorporated
Areas
Within City
Limits
Fairhaven &
Unincorporated
Areas
Within City
Limits
Fairhaven &
Unincorporated
Areas
Within City
Limits
Fairhaven &
Unincorporated
Areas
Within City
Limits
Fairhaven &
Unincorporated
Areas
Within City
Limits
Fairhaven &
Unincorporated
Areas
Quantity Rates:

Per 100 cubic ft/month $1.40 $1.40 $ 1.88 $ 1.88 $ 1.99 $ 1.99 $ 2.11 $ 2.11 $ 2.16 $ 2.16 $ 2.21 $ 2.21 5/8" x 3/4" Service $12.84 $16.45 $17.21 $22.04 $18.24 $23.36 $19.33 $24.76 $19.79 $25.35 $20.26 $25.96 1" Service $20.00 $26.01 $26.80 $34.86 $28.41 $36.95 $30.11 $39.17 $30.83 $40.11 $31.57 $41.07 1-1/2" Service $37.90 $49.91 $50.79 $66.87 $53.84 $70.88 $57.07 $75.13 $58.44 $76.93 $59.84 $78.78 2" Service $59.38 $78.60 $79.57 $105.32 $84.34 $111.64 $89.40 $118.34 $91.55 $121.18 $93.75 $124.09 3" Service $116.66 $155.10 $156.32 $207.83 $165.70 $220.30 $175.64 $233.52 $179.86 $239.12 $184.18 $244.86 4" Service $181.10 $241.16 $242.67 $323.16 $257.23 $342.55 $272.66 $363.10 $279.20 $371.81 $285.90 $380.73 6" Service $360.10 $480.21 $482.53 $643.48 $511.48 $682.09 $542.17 $723.02 $555.18 $740.37 $568.50 $758.14 8" Service $574.90 $767.08 $770.37 $1,027.89 $816.59 $1,089.56 $865.59 $1,154.93 $886.36 $1,182.65 $907.63 $1,211.03 10" Service $1,505.69 $1,517.61 $2,017.62 $2,033.60 $2,138.68 $2,155.62 $2,267.00 $2,284.96 $2,321.41 $2,339.80 $2,377.12 $2,395.96 1-1/2" Connection $18.73 $18.87 $25.10 $25.28 $26.61 $26.80 $28.21 $28.41 $28.89 $29.09 $29.58 $29.79 2" Connection $5.53 $6.95 $7.41 $9.32 $7.85 $9.88 $8.32 $10.47 $8.52 $10.72 $8.72 $10.98 3" Connection $12.07 $12.92 $16.18 $17.31 $17.15 $18.35 $18.18 $19.45 $18.62 $19.92 $19.07 $20.40 4" Connection $23.35 $25.16 $31.29 $33.72 $33.17 $35.74 $35.16 $37.88 $36.00 $38.79 $36.86 $39.72 6" Connection $63.81 $69.07 $85.51 $92.55 $90.64 $98.10 $96.08 $103.99 $98.39 $106.49 $100.75 $109.05 8" Connection $133.61 $144.80 $179.04 $194.03 $189.78 $205.67 $201.17 $218.01 $206.00 $223.24 $210.94 $228.60 10" Connection $238.60 $258.73 $319.72 $346.70 $338.90 $367.50 $359.23 $389.55 $367.85 $398.90 $376.68 $408.47 12" Connection $384.11 $416.62 $514.71 $558.27 $545.59 $591.77 $578.33 $627.28 $592.21 $642.33 $606.42 $657.75 FY 29/30
Current Rates Proposed Future Water Rates
Monthly Readiness-To-Serve Charge:

Monthly Private Fire Protection Service Charge:

FY 25/26 FY 26/27 FY 27/28 FY 28/29
If you have questions regarding this notice or how it may affect your property, call (661) 326-3715 Monday through Friday from 7:00 a.m. to 4:00 p.m. or email staff at [email protected]. Supporting documentation is available for review at the City Clerk’s Office, City Hall, 1600 Truxtun Avenue, Bakersfield, California 93301.

PUBLIC COMMENT will be accepted in writing on or before the hearing date indicated above at the City Clerk’s Office. Any interested person, including property owners, may appear and be heard to protest against the increase to the Domestic Water Rates. Protests to the proposed increases must be delivered in writing to the City Clerk, City of Bakersfield, 1600 Truxtun Avenue, Bakersfield California 93301, prior to the conclusion of the public hearing on June 11, 2025.

All written protests must: 1) identify the assessor’s parcel number 2) identify the address of the parcel and 3) include the name and signature of the property owner submitting the protest. If written protests are received from a majority of owners of the affected parcels, the proposed rate increases will not be approved. In accordance with the California Constitution, as amended by Proposition 218, only one protest is allowed per parcel.

Please take notice that there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge. ____________________________

JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield

WATER DEPARTMENT
Water Rate Increase
City Council Meeting
March 26, 2025
Municipal Services Responsibilities
• Provide safe clean drinking water to over 165,000 residents o Acquire surface water and treated water supplies  Well field - 35,000 ac-ft recovered surface water  KCWA-ID4 6,500 ac-ft treated water  CWS NETP 11,000 ac-ft and CWS NGTP 6,000 ac-ft treated water o Meet all State and Federal regulatory requirements:  Groundwater quality regulations – Arsenic, H2S, 1,2,3-TCP, and PFOs  Treatment installation, Regulatory sampling and Monitor sampling  Conservation regulations– reduce residential use by 40% by 2040  Sustainable Groundwater Mgmt. Act
o Maintain the system and address aging infrastructure:  CWS O&M cost increases annually  Service Line replacements – poly to municipex
 Well rehabilitations – total of 58 operational wells – rehabilitate 2 a year WARD 3
WARD 5
WARD 7
WARD 6
WARD 1
WARD 2
WARD 4
City Domestic Service Area
• Required and Significant CIP Costs
o 9 Wells - PFOs treatment by April 2029
$2,000,000/ well + ongoing costs
o 8 Wells - H2S vessels – replacements
$1,000,000/ well + ongoing costs
o 4 Wells - TCP treatment – continue
$2,000,000/ well + ongoing costs
o Replace 2 aged out Generators / year
$500,000/ generator
Impacts Requiring
Water Rate Increase
• Required and Significant O&M Costs
o Water Quality:
regulatory and monitor sampling annual costs
ongoing media change outs costs
o Lead Service Line Inventory – meter to home
o Conservation – 40% reduction by 2040
o Advanced Metering Infrastructure installation
o Cost for Water – surface, treated, ground
o Electrical costs
Water Rate Increase
Estimated Annual Expenses - Staff, O&M, & CIP
Estimated Annual Revenue - Meter Cost + Meter
Consumption
Short Fall - Approximately $12 - $15 million / year
Annual % Increase:

Current FY 26 – 6% increase
FY 27 – 6% increase
FY 28 – 6% increase
FY 29 – 3% increase
FY30 – 3% increase
Proposed: FY 26 – 34% increase
FY 27– 6% increase
FY 28 – 6% increase
FY 29 - 2.4% increase
FY30 - 2.4% increase
Total 5-yr Compounded
Rate Increase = 57.87%

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
FY 25 FY 26 FY 27 FY 28 FY 29 FY 30
Reserve Target vs Ending Fund Balance for Proposed Rate Reserve Target Current Proposed
Water Rate Increase
New Meter Cost and Consumption Rate Comparison

ADD IN GRAPH

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors $43.46
$52.30 $54.94
$80.79
$118.32
$142.70
0 20
40 60
80 100
120
140
160
Current Rate
Increase
Oildale Mutual Proposed Rate
Increase
Vaughn Water Cal Water East Niles Dollars
Water Purveyor
Avg. Water Bill 25/26 – Bakersfield Water Purveyors
Using 1” meter and 15 CCF usage and
Questions
Development of Rate Increases
• Develop a 10-year
Infrastructure Master Plan
o Identify maintenance, regulatory
and growth projects
o Include staffing needed to
operate expanded facilities and
manage projects
• Develop a 10-year Budget
o Evaluate and analysis O&M
line-item expenses
• Prepare rate studies
o Incorporate costs identified in
the master plan
o Determine revenue needed to
meet O&M and CIP expenses
Timeline to Achieve Increase
• March 12 Water Board presentation
• March 26 Council Meeting – Prop 218 Request • April Cal Water Billing Mailers • June 11 Domestic Water Rate Hearing
• July 1 New rates are in effect
City Proposed Rate Option Compared to Cal Water
• Monthly Billing @15CCF & 1-inch meter • 2021 – 2025 Actuals, 2026-2028 using Rate Case, assume recent average of 8% inc. for 2029-30 $0.00
$20.00
$40.00
$60.00
$80.00
$100.00
$120.00
$140.00
$160.00
$180.00
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
City & Cal Water Average Water Bill
Cal Water City Current & Proposed Rate Increase

INITIAL RATE INCREASE - EVALUATION OPTIONS
Water Rate Increase Comparing Different Rate Options
Estimated Annual Expenses - Staff, O&M, & CIP
Estimated Annual Revenue - Meter Cost + Meter Consumption Short Fall - Approximately $12 - $15 million / year
Annual % Increase:

Current FY 26 –6% increase
FY 27– 6% increase
FY 28– 6% increase
FY 29 & 30 – 3% increase
Option 1: FY 26 – 34% increase FY 27– 6% increase
FY 28 – 6% increase
FY 29 & 30 – 2.4% increase
Total 5-yr Increase = 50.8%
Option 2: FY 26 – 20% increase
FY 27 – 20% increase
FY 28 – 5.5% increase
FY 29 & 30 – 2.5% increase
Total 5-yr Increase = 50.5%
Option 3: FY 26 – 18% increase
FY 27 – 16% increase
FY28 – 10% increase
FY29 – 3.3% increase
FY30 - 2.5% increase
Total 5-yr increase = 49.8%
Option 4: FY 26 – 30 – 11.8% increase
Total 5-yr increase = 59%

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
FY 25 FY 26 FY 27 FY 28 FY 29 FY 30
Reserve Target vs Ending Fund Balance for
Rate Options
Reserve Target Current Option 1
Option 2 Option 3 Option 4
Water Rate Increase
New Meter Consumption Rate Comparison

ADD IN GRAPH

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors $43.46 $48.38 $49.20 $52.30 $54.94
$80.79
$118.32
$142.70
0 20
40 60
80 100
120
140
160
Current
Rate
Increase
City Option
3 City Option
2 Oildale
Mutual
City Option
1 Vaughn
Water
Cal Water East Niles Dollars
Water Purveyor
Avg. Water Bill 25/26 – Bakersfield Water Purveyors
Using 1” meter and 15 CCF usage and
City Preferred Options Compared to Cal Water
• Monthly Billing @15CCF & 1-inch meter • 2021 – 2025 Actuals, 2026-2028 using Rate Case, assume recent average of 8% inc. for 2029-30 0 20
40 60
80 100
120
140
160
180
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
City & Cal Water Average Water Bill
Cal Water City-Opt1 City-Opt2 City-Opt3
5-year Municipal Water Expenses
FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 FY 2028-2029 FY 2029-2030 Personnel % Increase 4.00% 4.00% 4.00% 4.00% 4.00% 4.00%

3.30% 3.50% 3.50% 3.50% 3.50% 3.50%
$1,500,639 $1,498,617 $1,499,219 $1,499,557 $1,499,940 $1,499,150 $1,829,069 $2,089,482 $2,460,021 $2,558,422 $2,660,759 $2,767,189 $35,978,517 $41,833,395 $44,850,108 $45,342,056 $48,448,334 $48,135,085 Municipal CBK-25 PFOS Removal $2,050,000
R&M-31 Well Rehabilitation Project - CBK - 9 $500,000
R&M-31 Well Rehabilitation Project - L-201 $500,000
Municipal Stockdale River Ranch 0.3 MG Tank $3,250,000
Municipal L-208 TCP Removal / H2S Replace $200,000 $3,000,000 Municipal L-211 TCP Removal / H2S Replace $300,000 $3,070,000 Municipal CBK-38 TCP Removal $310,500 $3,177,450
Municipal PFOs Phase 1 - 6 Wells [Design/ Construct 2 well/year] $1,000,000 $3,320,000 $3,652,000 $4,017,200 Municipal H2S Vessel Replacement [CBK 31] $1,000,000
Municipal PFOs Phase 2 - 3 Wells [Design/ Construct 2 well/year] $600,000 Municipal H2S Phase 1 - 5 Wells [Design/ Construct 2 well/year] $500,000 $2,000,000 Municipal Solar Power Project - 1000 Buena Vista $1,500,000 $1,500,000 Municipal Lead & Copper Service Line Inventory $1,000,000 Municipal Corp Yard Infrastructure $1,000,000
Municipal Replace Aged out Generators - [SJVAPCD & AWIA] $1,071,225 $1,108,718 $1,147,523 $1,187,686 Municipal Consolidation Line - OR and SK Mutuals $6,000,000 $6,500,000 $13,500,000 $7,191,225 $7,830,718 $5,975,223 $6,965,136 TOTAL MUNICIPAL EXPENSES $45,808,225 $58,921,494 $56,000,573 $57,230,752 $58,584,256 $59,366,561

MUNICIPAL OPERATIONS & MAINTENANCE TOTAL

MUNICIPAL CIP TOTAL

DEBT SERVICE TOTAL

MUNICIPAL PERSONNEL TOTAL
CCI % Increase

CAPITAL IMPROVEMENT PROJECTS

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: CONSENT - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: March 14, 2025
SUBJECT: Authorization to issue Proposition 218 notices for Sewer User Rates beginning Fiscal Year 2025/2026
[Document Description]
RECOMMENDATION:

Staff recommend granting authorization to mail notices.

BACKGROUND:

The Water Department – Wastewater Division provides services for the collection and treatment of the City’s wastewater. The Sewer Enterprise is self-sustaining, supported primarily by user fees that provide for the daily operations of the sewer and stormwater collection systems and the two wastewater treatment plants. The single-family residential fee is collected via the homeowner’s property tax bill.

Commercial and industrial customers pay a flat rate on their property tax bill and are subject to sewer surcharge fees based on their wastewater strength classification and water consumption.

In 2020 the City contracted with a consultant to conduct a revenue rate study to assess the revenue requirements needed to cover costs of operating and maintaining the existing systems and infrastructure.

Significant capital improvement projects to address aging infrastructure were not addressed at that time.

The study was completed in 2022 and a five-year rate plan was adopted. The five-year plan provided for an initial 2.3% rate increase in FY 2022/23 and an annual increase based on consumer price index through FY 2026/27.

Since the previous adopted rate went into effect, the cost of operating and maintaining the sewer collection system, storm drain system, and treatment plants have significantly exceeded consumer price index increases. Factors contributing to the exceedance include higher costs of electricity, chemicals, and replacement parts for equipment. Additionally, staff have identified significant infrastructure deficiencies within the above-mentioned systems and treatment plants that will require the construction of major capital improvement projects. The anticipated constructions costs for these capital improvements projects exceed projected revenue.

Based on the above, City staff has determined that a rate increase, beyond what was previously approved, is necessary to help meet these costs.

Annual sewer fees are viewed as property-related fees for utility service and are subject to Proposition 218. This requires that fees adopted by City for services rendered do not exceed the reasonable estimated cost for providing the services. Staff have determined that the proposed rates do not exceed the cost of services. Proposition 218 also requires a public hearing in which the public may support or protest the rate increase.

Proposition 218 process entails a protest -ballot whereby property owners are notified of a proposed fee or fee increase and have a 45-day period to issue a protest against the fee increase, either in writing or at a public hearing. Notices would be mailed out in April. The public hearing to consider the proposed update is scheduled for the May 28, 2025, City Council meeting. City Council is not voting tonight to approve the proposed Sewer User Rate increase.

Tonight' s Council action authorizes staff to mail out Proposition 218 to sewer customers notifying them of the proposed Sewer User Rate beginning FY 2025/26.

FISCAL IMPACT:

Sufficient funds are budgeted to fund the costs associated with mailing out the notices; therefore, there is no impact to the General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Wastewater – Prop 218 Draft Notice
2025-0326 - Sewer User Rate Presentation

CITY OF BAKERSFIELD

NOTICE OF PUBLIC HEARING ON PROPOSED INCREASES TO SEWER RATES NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held before the Bakersfield City Council at 5:15 p.m., or as soon thereafter as the matter may be heard, on Wednesday May 28, 2025, in the Council Chambers of City Hall located at 1501 Truxtun Avenue, Bakersfield, California, for the purpose of considering increases to Sewer Rates. The new rates, if adopted, will go into effect on July 1, 2025. In compliance with Proposition 218, affected property owners within the City limits of Bakersfield are hereby informed of the proposed increases to Sewer Rates.

Background
Bakersfield provides comprehensive wastewater (sewer) service for the protection and enhancement of the environment as well as the health, safety, and welfare of the community. This service is financially self-sufficient and is not supported by General Fund revenues.

The City’s rate structure ensures the cost of providing service is fairly and equitably recovered from all customer groups. The proposed rate increases are required to fund operational and capital costs and ensure sufficient reserves to meet long-term needs.

Sewer Rate Changes
Residential sewer rates are proposed to increase from $239.00 to $950.00 per year. Residential customers pay a flat rate for sewer.

The sewer fee is collected annually on the property tax bill. Other residential rates are listed in Table A.

Commercial sewer rates vary by wastewater strength classification. Sewer fees for commercial customers consist of a flat rate component, and surcharges. Sewer surcharges for commercial customers are based on water consumption and surcharges will only be charged when actual water flow exceeds what the customer pays for in their flat rate charge.

Table A: Strength Classification and Proposed Sewer Rates Flat Rate - Collected on Property Tax Bill
Surcharge Rate for
Commercial per HCF*
Strength Classification Description Current July 1, 2025 Current July 1, 2025 Single Family Residence Unit $239.00 $950.00 N/A N/A
Multiple Dwelling Unit $179.25 $712.50 N/A N/A
Commercial Low Strength Unit + Flow Qty Charge $239.00 $950.00 $1.83 $7.28 Commercial Medium Strength Unit + Flow Qty Charge $239.00 $950.00 $2.01 $7.98 Commercial Medium-High Strength Unit + Flow Qty Charge $239.00 $950.00 $2.59 $10.28 Commercial High Strength Unit + Flow Qty Charge $239.00 $950.00 $3.35 $13.32 *HCF – hundred cubic foot of water used. 1 HCF is equal to 748 gallons.

Table B: Permitted Industrial User Sewer Fee Current July 1, 2025 Flow / million gallons $2,080.09 $8,263.19
Biochemical Oxygen Demand (BOD) / 1,000 pounds $164.35 $652.88 Total Suspended Solids (TSS) / 1,000 pounds $98.89 $392.89 If you have questions regarding this notice or how it may affect your property, call (661) 326-3249 Monday through Friday from 8:00 a.m. to 4:00 p.m. or email staff at [email protected]. Supporting documentation is available for review at the City Clerk’s Office, City Hall, 1600 Truxtun Avenue, Bakersfield, California 93301.

PUBLIC COMMENT will be accepted in writing on or before the hearing date indicated above at the City Clerk’s Office Monday through Friday from 8 a.m. to 5:00 p.m. Any interested person, including property owners, may appear and be heard toprotest against the Sewer Rate increase. Protests to the proposed increase must be delivered in writing to the City Clerk, City of Bakersfield, 1600 Truxtun Avenue, Bakersfield California 93301, prior to the conclusion of the public hearing on May 28, 2025. All written protests must: 1) identify the assessor’s parcel number 2) identify the address of the parcel and 3) include the name and signature of the property owner submitting the protest. If written protests are received from a majority of owners of the affected parcels, the proposed rate increases will not be approved. In accordance with the California Constitution, as amended by Proposition 218, only one protest is allowed per parcel.

Please take notice that there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge.

Julie Drimakis, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield

WATER DEPARTMENT
Sewer User Rate Increase
Water Board Meeting
March 26, 2025
Wastewater Responsibilities
• Treat wastewater & handle biosolids for over 400,000
residents
o Provide 2 MGD of tertiary water to the sports complex o Accept 1.9 MGD of septage/grease from hauling companies o Meet all State [CVRWQCB] Permit requirements
o Maintain aging infrastructure:  WWTP#2 – constructed 1958  Upgraded to secondary treatment 1978  2000 – expanded from 19 MGD to 25 MGD w/ no upgrades
to existing equipment  Beyond operation life - old technology – needs replaced  Sewer collections system – lift stations and sewer lines  Stormwater system – lift stations and storm drain lines Enterprise Funds
• SEWER USER RATE is included in the
property tax bill  2006 Flat Rate = $135 annually
 This equated to $11.25 monthly
 2016 Flat Rate = $215 annually
 This equates to $17.91 monthly
 2025 Flat Rate = $239 annually
 This equates to $19.92 monthly
Impacts Requiring
Sewer User Rate Increase
• Required and Significant CIP Costs
o WWTP#2 Replacement due to aging
infrastructure and technology. Anticipate cost:

Environmental/Design/Permits = $47,000,000
Construction/Oversight = $520,000,000
Evaluate farmland acres
o Sewer and Storm Lift Station rehabilitation
o Sewer and Storm Drain Line replacement
• Required and Significant O&M Costs
o Electrical costs
o Incorporated Sewer and Storm misc. CIP into O&M
o Account for all Sewer and Storm personnel,
overhead and maintenance costs in fund
Sewer User Rate Increase
Estimated Annual Expenses - Staff, O&M, & CIP
Estimated Annual Revenue –
Property Tax (Sewer User Rate)
Short Fall - Approximately $15 million - $35 million / year Proposed Rate Increase:

FY 25 – Increase to $950
FY 26 -30 - Remain flat at $950
Total increase - $59.25 per month

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors
$0
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
FY 25 FY 26 FY 27 FY 28 FY 29 FY 30
Reserve Target vs Ending Fund Balance for Proposed Rate Target Reserve Minimum Reserve Proposed Rate Increase
City Proposed Rate Compared to Other Cities
$239.00
$379.84 $558.28 $627.10 $682.97 $731.51
$939.94 $950.00
$1,375.35
$2,468.86
$2,763.28
Sewer User Rates
Questions
Development of Rate Increases
• Develop a 10-year
Infrastructure Master Plan
o Identify maintenance, regulatory
and growth projects
o Include staffing needed to
operate expanded facilities and
manage projects
• Develop a 10-year Budget
o Evaluate and analysis O&M
line-item expenses
• Prepare rate studies
o Incorporate costs identified in
the master plan
o Determine revenue needed to
meet O&M and CIP expenses
Sewer User Rate Increase Comparing Different Rate Options Estimated Annual Expenses - Staff, O&M, & CIP
Estimated Annual Revenue –
Property Tax (Sewer User Rate)
Short Fall - Approximately $15 million - $35 million / year Annual % Increase:

Option 1: FY 25 – Increase to $950
FY 26 -30 - Remain flat at $950
Total increase - $59.25 per month
Option 2: FY 25 – Increase to $850
FY 26 -30 - 4% increase, final rate $1035
Total increase - $66.30 per month
Option 3: FY 25 – Increase to $705
FY 26 -30 - Remain flat at $705
Total increase - $38.83 per month
Option 4: FY 25 – Increase to $420
FY 26 – Increase to $630
FY 27 – Increase to $785
FY 28-30 – Remain flat at $785
Total increase - $45.50 per month

ADD BAR CHART
comparing
proposed rate to
other
Cities/Purveyors
$0
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
FY 25 FY 26 FY 27 FY 28 FY 29 FY 30
Reserve Target vs Ending Fund Balance for
Rate Options
Target Reserve Minimum Reserve Option 1
Option 2 Option 3 Option 4
New Rate Compared to other Cities/Districts
$293.79
$379.84 $558.28 $627.10 $682.97 $705.00 $731.51 $785.00 $939.94 $950.00 $1,035.00 $1,375.35
$2,468.86
$2,763.28
Sewer User Rates
Timeline to Achieve Increase
• March 12 Water Board presentation
• March 26 Council Meeting – Prop 218 Request • April Mail Prop 218 Notices • May 28 Prop 218 Hearing – Sewer User Rate
• June 15 Sewer User Rate to Assessors Office
• July 1 New rates are in effect
5-year WWTP#2 Expenses
Personnel % Increase 4.0% 4.0% 4.0% 4.0% 4.0% 4.0%

3.3% 3.5% 3.5% 3.5% 3.5% 3.5%
FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 FY 2028-2029 FY 2029-2030 $2,217,122 $2,530,171 $2,724,849 $3,158,041 $3,263,362 $3,392,259 $4,007,046 $4,369,336 $4,527,678 $4,698,231 $4,904,180 $5,105,553 WWTP2 Septage Processing Unit Replacement $150,000 $2,000,000 WWTP2 Bar Screen Upgrade $2,360,000
WWTP2 Headworks PLC Replacement $250,000
WWTP2 Clam Shell - Grit System $250,000
WWTP2 Digester Cleaning & Start-Up $220,000
WWTP2 H2S Gas System and Flare $500,000
WWTP2 Plant Lighting Upgrades $100,000 $100,000
WWTP2 Clarifyer Rehabilitation $1,000,000
WWTP2 Upgrade/Replacement Evaluation/Study
Due to aging infrastructure and outdated technology
$650,000 $2,350,000
WWTP2 Upgrade/Replacement-Rate Study/Bond Measure $1,000,000 WWTP2 Upgrade/Replacement Design/Permits $25,000,000 $22,000,000 Engineering Sewer Lift Station Rehab Fairfax/Paladino $160,000 $3,000,000 Engineering Sewer Lift Station Rehab Rio Mirada $250,000 $3,000,000 Engineering Sewer/Storm Lift Station Rehab TBD
Engineering Storm Lift Station Rehab Chester Ave $1,000,000 Engineering Storm Lift Station Rehab Sandra/Meredith $250,000 $2,800,000 Engineering Sewer Line Improvements Eye St $1,700,000
Engineering Sewer Line Improvements Panama St $430,000 $5,000,000 Engineering Sewer Line Improvements K St. $500,000 $6,000,000 Engineering Sewer Line Improvements Alley $250,000 $3,000,000 Engineering Sewer Line Improvements 34th Street $300,000 $4,000,000 Engineering Storm Drain Improvements Q St/20th St. $250,000 $4,000,000 Engineering Storm Drain Improvements L St-O St/Trux-24 $2,000,000 Streets Sewer Lift & Storm Pump Station Misc $250,000
$5,950,000 $11,420,000 $6,600,000 $7,500,000 $31,800,000 $32,800,000 WWTP#2 TOTAL EXPENSES $12,174,168 $18,319,507 $13,852,527 $15,356,272 $39,967,542 $41,297,812

CAPITAL IMPROVEMENT PROJECTS
WWTP#2 PERSONNEL TOTAL
WWTP#2 OPERATIONS & MAINTENANCE TOTAL
WWTP#2 CIP TOTAL
FUND 4110 - Sewer Service - Plant 2
CCI % Increase
5-year WWTP#3 & Sewer & Storm Expenses
FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 FY 2028-2029 FY 2029-2030 $13,070,500 $13,070,500 $13,070,500 $13,070,500 $13,070,500 $13,070,500 $3,346,751 $4,185,246 $4,289,560 $4,546,142 $4,708,625 $4,896,970 $7,352,237 $10,477,673 $10,917,807 $11,271,710 $11,751,654 $12,159,185 $1,076,533 $1,119,594 $1,299,501 $1,351,481 $1,405,540 $1,461,762 $329,640 $405,083 $418,911 $433,223 $448,036 $463,367
$1,959,976 $2,038,375 $2,119,910 $2,204,706 $2,292,895 $2,384,610 $3,575,430 $4,179,870 $4,326,166 $4,477,581 $4,634,297 $4,796,497 $1,360,193 $1,414,601 $1,471,185 $1,530,032 $1,591,233 $1,654,883 $663,895 $1,017,131 $1,052,731 $1,089,577 $1,127,712 $1,167,182 FUND 4120 - Sewer Service - Plant 3
WWTP#2 PERSONNEL TOTAL
WWTP#3 OPERATIONS & MAINTENANCE TOTAL

PRE-TREATMENT OPERATIONS & MAINTENANCE TOTAL

PRE-TREATMENT PERSONNEL TOTAL

STREETS - SEWER PERSONNEL TOTAL

STREETS - SEWER OPERATIONS & MAINTENANCE TOTAL

STREETS - STORM DRAIN PERSONNEL TOTAL

STREETS - STORM DRAIN OPERATIONS & MAINTENANCE TOTAL
WWTP#3 DEBT SERVICE TOTAL
5-year WWTP#3 & Sewer & Storm Expenses
WWTP3 Dewatering Centrifuge Construction $750,000
WWTP3 Aeration Air System PLC Replace Construction $500,000 WWTP3 Grit Classifier Replace Construction $500,000 $500,000 WWTP3 Digester Dome Rehab Construction $450,000 $150,000 WWTP3 Secondary Clarifier Rehab Construction $350,000 $25,000 $425,000 WWTP3 Electrical&Signal Vault Replace Construction $200,000 WWTP3 Digester Gas Booster Blower Replacement $2,861,530 WWTP3 Septage Processing Unit Upgrade $395,000 $1,150,000 WWTP3 Flare Replacement - SJVAPCD Requirement $150,000 $1,500,000 WWTP3 BioFilter Fans - Procurement & Installation $600,000 WWTP3 H2S Damage Repair $150,000 $150,000
WWTP3 Cloth Media Filter Replacment $60,000
WWTP3 Plant Lighting Upgrade $100,000
WWTP3 Primary Influent Gate $100,000
WWTP3 EV Charging for Trucks $1,000,000
WWTP3 Corp Yard Infrastructure $1,000,000
Engineering Sewer Lift Station Rehab Ming/Grand $2,060,000 Engineering Sewer Lift Station Rehab Romero $2,060,000
Engineering Sewer Lift Station Rehab (McCutchen/Gosford) $7,000,000 Engineering Sewer Lift Station Rehab (Taft/South H) $250,000 $3,000,000 Engineering Sewer Lift Station Rehab (Mt. Vista/Grand Lakes) $250,000 $2,800,000 Engineering Sewer Line Improvements $500,000 $6,000,000 Engineering Sewer/Storm Drain Repairs Various Locations $1,250,000 Streets Misc. Storm Drain Improvements $580,000
$11,956,530 $10,125,000 $875,000 $2,310,000 $3,550,000 $10,000,000 WWTP#3 TOTAL EXPENSES $44,691,685 $48,033,074 $39,841,270 $42,284,953 $44,580,492 $52,054,956 WWTP#2 AND WWTP#3 TOTAL EXPENSES $56,865,853 $66,352,581 $53,693,796 $57,641,225 $84,548,034 $93,352,768

CAPITAL IMPROVEMENT PROJECTS
WWTP#3 CIP TOTAL
Sewer User Rate Increase Comparing Different Rate Options Estimated Annual Expenses - Staff, O&M, & CIP
Estimated Annual Revenue –
Property Tax (Sewer User Rate)
Short Fall - Approximately $15 million - $35 million / year Annual % Increase:

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: February 27, 2025
SUBJECT: Amendment No. 2 to Agreement no. ED24-054 with The Open Door Network (increase compensation $95,000; revised not to exceed $195,000; and extend term to June 30, 2025) for the Community Connectors pilot program.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City is committed to addressing and reducing homelessness within the community through focused outreach efforts to engage individuals on the streets and assist them with accessing critical resources.

On November 5, 2024, the City entered into Agreement No. ED24-054 with The Open Door Network to provide targeted outreach services to homeless individuals and families through the Community Connectors pilot program.

On February 3, 2025, Agreement No. ED24-054 was amended to extend the term to March 1, 2025, to allow for additional time to perform the Scope of Work.

There is an ongoing need for additional outreach, therefore, the City now desires to increase the compensation outlined in Agreement No. ED24-054 by $95,000 for a total not to exceed $195,000 and extend the term of the Agreement to June 30, 2025.

FISCAL IMPACT:

No impact to the General Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENT:

Amendment

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Consent - PSVS TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: March 26, 2025
SUBJECT: Letzring RAD, LP Letzring Gardens Affordable Housing:

1. Amendment No. 1 to Loan Agreement No. 2024-317 (to include language stating that City loan payments will be repaid first to the PSVS portion of the loan [$400,000] until said PSVS loan is paid in full) with Letzring RAD, LP, for construction of affordable housing; and

2. Modification No. 1 to Regulatory Agreement 2024-317(R) (to assign Bank of America, N.A., and Banc of America CDC Special Holding Company, Inc. as Limited Partners to provide tax credit equity on $35M bank construction loan) with Letzring RAD, LP. (Ward 1)
RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

On November 20, 2024, the City of Bakersfield and developer Letzring RAD, LP (“Letzring”) entered into Agreement No. 2024-317, loaning to the developer no more than $3,997,528.29 to be applied toward construction costs associated with the development of one hundred fifty (150) new affordable housing units within the Letzring Gardens multifamily housing development at 4215 Letzring Lane, Bakersfield, California 93304. Of these 150 new units, the City loan is to be applied toward the construction of 36 affordable housing units for qualifying low-income seniors.

As a condition of Agreement No. 2024-317, Letzring has agreed to pay simple interest at a rate of three percent (3%) per year, and shall begin making annual payments of principal and interest from Residual Receipts in the year following Project Completion, as defined in the Agreement. The City of Bakersfield desires to amend Agreement No. 2024-317 to include language stating that City loan payments shall be made from the City’s share of 50% of Residual Receipts, and shall apply such payments first to the Public Safety Vital Services (PSVS) portion of the loan until said PSVS loan is paid in full.

Additionally, Bank of America, N.A., a national banking association, and Banc of America CDC Special Holding Company, Inc., a North Carolina corporation (together with their successors and assigns, the “Limited Partners” and each a “Limited Partner”) are providing equity as tax credit investors and an additional $30,500,000 construction loan to Letzring RAD, LP for the remaining constructions costs associated with the Letzring Gardens Project development. Therefore, the above Agreement must be amended to include language acknowledging the above changes.

FISCAL IMPACT:

No fiscal impact
COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Amendment No. 1 to Loan Agreement No. 2024-317

2. Modification No. 1 of Regulatory Agreement 2024-317(R)

3. Exhibit “M” – Investor Rider

1 EXHIBIT “M”

INVESTOR RIDER
March 19, 2025
The City of Bakersfield, a charter city and municipal corporation (“Lender”) has made a loan in the maximum principal amount of $3,997,528.29 (the “Loan”) to Letzring RAD LP, a California limited partnership (“Borrower”) and the Loan is secured by certain property located at 4215 Letzring Lane, Bakersfield, CA 93304 (the “Project”).

Bank of America, N.A., a national banking association, and Banc of America CDC Special Holding Company, Inc., a North Carolina corporation (together with their successors and assigns, the “Limited Partners” and each a “Limited Partner”), are being admitted as limited partners of Borrower on or about April 7, 2025.

As a condition to consenting to the Loan and becoming limited partners in the Borrower, Limited Partners require that the Borrower and Lender grant certain protections to Limited Partners under any one or more of the documents (the “Loan Documents”) evidencing or securing the Loan, and the Borrower and Lender desire to grant such requests of Limited Partners.

Notwithstanding anything to the contrary set forth in the Loan Documents, the Loan Documents are hereby amended to include the covenants and representations set forth in this Investor Rider.

1. The Amended and Restated Agreement of Limited Partnership dated on or about April 7, 2025 forming or continuing the Borrower (the “Partnership Agreement”) is hereby approved by Lender.

2. If a monetary default occurs under the terms of any of the Loan Documents, prior to exercising any remedies thereunder, Lender shall give Borrower and Limited Partners simultaneous written notice of such default. Limited Partner shall have a period of thirty (30) days after such notice is given within which to cure the default prior to exercise of remedies by Lender under the Loan Documents, or such longer period of time as may be specified in the Loan Documents. Limited Partners shall have the right, but not the obligation, to cure any default under the Loan Documents within the applicable cure periods provided to Borrower thereunder.

If Limited Partners cure such default within the cure period, Lender will accept such action as curing the respective default under the Loan Documents.

3. If a non-monetary default occurs under the terms of any of the Loan Documents, prior to exercising any remedies thereunder, Lender shall give Borrower and Limited Partners simultaneous written notice of such default. If the default is reasonably capable of being cured within thirty (30) days, Limited Partners shall have such period to effect a cure prior to exercise of remedies by Lender under the Loan Documents, or such longer period of time as may be specified in the Loan Documents. If the default is such that it is not reasonably capable of being cured within thirty (30) days or such longer period if so specified, and if Borrower or any Limited Partner (a) initiates corrective action within said period, and (b) diligently and in good 2 faith works to effect a cure, then Borrower and Limited Partners shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Lender. If Borrower fails to take corrective action or to cure the default within a reasonable time, Lender shall give Limited Partners written notice thereof, whereupon the Limited Partners may remove and replace the general partner with a substitute general partner who shall effect a cure within a reasonable time thereafter in accordance with the foregoing provisions. If Limited Partners cure such default within the cure period, Lender will accept such action as curing the respective default under the Loan Documents.

4. Lender will give Limited Partners a copy of any written notice it gives to Borrower under the Loan Documents at the following address:

Bank of America, N.A.
100 Federal Street, 4th Floor
MA5-100-04-11
Boston, MA 02110
Attention: Asset Management
Facsimile: 617-346-2257
And:

Banc of America CDC Special Holding Company, Inc.
100 Federal Street, 4th Floor
MA5-100-04-11
Boston, MA 02110
Attention: Asset Management
Facsimile: 617-346-2257
And:

Buchalter, a Professional Corporation
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017
Attn: Michael A. Williamson, Esq.

Facsimile: (213) 630-5799
Matter No: B0965-0826

5. The withdrawal, removal, and/or replacement of a general partner of the Borrower pursuant to the terms of the Partnership Agreement shall not constitute a default under any of the Loan Documents, and any such actions shall not accelerate the maturity of the Loan, provided that the Limited Partners provide the Lender with prior written notice of such removal and substitution of a general partner of Borrower. An affiliate of a Limited Partner is an acceptable substitute general partner.

6. Lender will permit insurance and condemnation proceeds to be used to rebuild the Project provided that sufficient funds are available from other sources to effectively rebuild the Project to a multifamily housing complex.
3 7. Lender has not and will not cross-default or cross-collateralize the Loan with any loan made with respect to another property.

8. The Loan is a non-recourse obligation of Borrower. None of Borrower, any of its partners, or any other party shall have any personal liability for repayment of the Loan. The sole recourse of Lender under the Loan Documents for repayment of the Loan shall be the exercise of its rights against the Project and related security thereunder.

9. There shall be no default for construction or rehabilitation delays beyond the reasonable control of Borrower, provided that such delays do not exceed one hundred eighty (180) days, or such longer period of time as may be specified in the Loan Documents.

10. The execution and delivery of the purchase option and right of first refusal agreement described in the Partnership Agreement and the exercise of such options shall not constitute a default under the Loan Documents or accelerate the maturity of the Loan thereunder.

If the purchase option and right of first refusal agreement described in the Partnership Agreement is not exercised and the Project is sold subject to low-income housing use restrictions as contained in an existing regulatory agreement or other recorded covenant, any requisite consent of Lender to said sale, and to the assumption without penalty of loan obligations by the purchaser and the release of Borrower from such obligations, shall not be unreasonably withheld.

11. In any approval, consent, or other determination by Lender required under any of the Loan Documents, Lender shall act reasonably and in good faith.

12. Lender acknowledges that Borrower and the Credit Agency intend to enter into, or concurrently with the execution and delivery of the Loan Documents are entering into, an extended use agreement, which constitutes the extended low-income housing commitment described in Section 42(h)(6)(B) of the Internal Revenue Code, as amended. Lender agrees to subordinate the Loan and Lender’s rights under the Loan Documents executed in conjunction therewith to the relevant provisions of said extended use agreement. This subordination is being made in consideration of the allocation of tax credits to the Project, absent which the development of the Project would not occur, and this mortgage loan would not be made.

Additionally, Lender hereby consents to the refinancing of any senior mortgage financing in connection with the Project, subject only to the reasonable approval of the Lender to any documents executed in connection with the refinancing of such senior mortgage financing.

13. Notwithstanding the occurrence of any monetary or non-monetary default under the terms of any of the Loan Documents, during the Compliance Period (as defined in the Partnership Agreement), Lender shall not (i) commence foreclosure proceedings with respect to the Property under the Loan Documents or exercise any other rights or remedies it may have under the Loan Documents, including, but not limited to, accelerating sums due under the Loan Documents, collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies hereunder or (ii) join with any other creditor in commencing any bankruptcy reorganization arrangement, insolvency or liquidation proceedings with respect to Borrower.
4 14. Each Limited Partner is intended to be a direct beneficiary of the covenants set forth in this Investor Rider and is entitled to bring an action to enforce the same independent of any rights of Borrower. Lender will not materially modify the Loan Documents without Limited Partners’ prior written consent.

ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: CONSENT - PSVS TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: March 13, 2025
SUBJECT: Construction Projects Agreement for Stiern Park and Jefferson Park Restroom Rehabilitation Projects.

1. Accept Bid and approve Construction Projects Agreement with Ken W Smith Construction Inc. for the Stiern Park and Jefferson Park Restroom Projects (not to exceed $334,387.00).

2. Authorize staff to approve, as necessary, up to $50,000.00 in City-Controlled contingency for unforeseen conditions encountered during construction. (Wards 1 & 2) RECOMMENDATION:

Staff recommends acceptance of the bid, approval of agreement, and approval of contingency.

BACKGROUND:

The Recreation and Parks Department needs to install a new restroom facility at Stiern Park located at 5201 Monitor Street and to replace the restroom facility at Jefferson Park located at 801 Bernard Street.

Council approved Stiern Park Restroom Project (P3C13600) and Jefferson Park Restroom Project (P3C14400) collectively “Project” in the FY 2022-23 Capital Improvement Program. On November 6, 2024, Council approved Resolution 156-2024, authorizing Staff to purchase two pre-engineered and premanufactured flush toilet restroom buildings for the Project.

On February 4, 2025, Staff issued a Bid Proposal for the site preparation and installation of the preengineered and pre-manufactured flush toilet restroom buildings for the Project. The Engineer’s Estimate for this Project is $460,546.00.

On February 27, 2025, six bids were received for this Project:

Ken E. Smith Construction Inc. $334,387.00
Proffitt Construction Inc. dba Superior
Construction
$371,707.40
SW Construction $379,047.82
JL McDaniels Companies Inc. dba McDaniels
Construction
$461,400.00
Panico Excavation Inc. $648,700.00
Derrick D Enterprise Inc. $864,810.00
Staff reviewed the bid proposals submitted by each vendor and all were deemed responsive. Staff finds the bid proposal submitted by Ken E Smith Construction Inc. (Contractor) in the amount of $334,387.00, was deemed acceptable and recommends approval of an agreement for a not to exceed amount of $334,387.00.

Staff is requesting the approval of $50,000.00 for City-controlled contingency for unforeseen conditions encountered during the Project. Any exceedance of the City Council approved contingency, cumulative or otherwise, would require the action and approval of the City Council. This City-controlled contingency saves staff time by not having to prepare multiple Council reports for individual change orders throughout the project, which can typically cause delays in completion of the project. All remaining contingency funds not used will be returned to the fund balance at the end of the Project.

FISCAL IMPACT: This Project is funded by Public Safety and Vital Services funds within the Capital Improvement Program and no additional funding is needed at this time.

COUNCIL GOAL:

Reliable Infrastructure
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:

1. Stiern Park and Jefferson Park Restroom Proj. Contract Signed

2. Reso No. 156-2024 Dispense with Bidding StructureCast

3. Project Specifications Exhibit A

4. Ken W. Smith Const. Bid Proposal

26 CITY OF BAKERSFIELD

CALIFORNIA

NOTICE TO CONTRACTORS,

BID PROPOSAL, SAMPLE CONTRACT,

BIDDING REQUIREMENTS, GENERAL CONDITIONS,

AND TECHNICAL SPECIFICATIONS
FOR

JEFFERSON & STIERN PARKS RESTROOM REHABILITATION

PROJECT
BID OPENING:

DATE: FEBRUARY 27, 2025
TIME: 11:00 A.M.

PROJECT NO.: P3C136 & P3C144
A pre-bid project site visit is scheduled February 7, 2025, at 10:00 AM. The location of the meeting will be at the Stiern Park located at 5201 Monitor Street, Bakersfield, CA 93313. The meeting will then move to Jefferson Park located at 801 Bernard Street Bakersfield, California 93305. This is a nonmandatory PreBid job walk. However, all contractors wishing to bid on this project are encouraged to visit the site to gain understanding of the site conditions.

Filename: P:\COB\COB-22-008 Jefferson-Stiern RR\Specs\Jefferson&Stiernrr-Facility Projects Full Spec.Docx Prepared from form document T:\PW Engr\Spec-Boiler\Facility BD_GC 2014_06_30.Docx

CITY OF BAKERSFIELD
Recreation and Parks Department
City Hall North, 3rd Floor
1600 Truxtun Avenue 11200 River Run Blvd, Suite 102
Bakersfield, California 93301 Bakersfield, CA 93311
Project Construction and Facility Planner: FIDEL GONZALEZ Email: [email protected]
Fax number: 661-852-2140
Richard Meyer, RCE 28104

EXHIBIT A

THE FOLLOWING SHOULD BE VISIBLE ON
THE SEALED BID ENVELOPE:
➢ Your Company Name and Address
➢ Cut out the delivery label below and tape it to your sealed bid envelope. CUT ON THE DOTTED LINE.
 Questions? Call 661-326-3746 for assistance.

SUBMIT BIDS TO:

Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301-5201

PROJECT NUMBER: ______________________________
BID NAME: ______________________________________
LIST ALL ADDENDA RECEIVED:

Addenda No’s.: _________________________
(or)
None Received: _________________________

FOR IMMEDIATE ACCESS

TO ANY PLANHOLDERS LIST
Go to www.bakersfieldcity.us
From the Homepage, go to the “How Do I” tab, then click on “Find…” to get the “Bids and Contracts” link. This link will take you to the Vendor Portal where you select “Bid
Opportunities”. From the list of projects, select the project you are interested in. Click on the tab “Prospective Bidders”.

Fax requests for plans/specifications to
661•852•2100
Include the following:

Contact Name
Company Name
Address
Phone & Fax Numbers
E-Mail Address
FedEx Account Number
Project Name(s)
For Further Assistance Call Purchasing at 661•326•3746
i

TABLE OF CONTENTS
PART A
NOTICE TO CONTRACTORS .........................................................................................................................A-1 GENERAL DESCRIPTION OF WORK.............................................................................................................A-3

PROPOSAL
Request for Information Form ................................................................................................................... A-4 Proposal Form........................................................................................................................................... A-5 Bidder's Bond............................................................................................................................................ A-9 Noncollusion Affidavit.............................................................................................................................. A-11

SAMPLE CONTRACT
Construction Projects Agreement ........................................................................................................... A-13 Faithful Performance Bond ..................................................................................................................... A-26 Material and Labor Bond......................................................................................................................... A-27 Escrow Agreement for Security Deposits in Lieu of Retention ............................................................... A-28 Guarantee - Material and Workmanship ................................................................................................. A-30 Guarantee - Equipment........................................................................................................................... A-31 Public Works Contract Award Information (DAS 140 Form)................................................................... A-32 DIR Form 100.......................................................................................................................................... A-33

BIDDING REQUIREMENTS
SECTION 1 – DEFINITIONS AND TERMS

1.1 General ......................................................................................................................... A-35

1.2 Definitions and Terms ................................................................................................... A-35 SECTION 2 - PROPOSAL REQUIREMENTS

2.1 General Information ...................................................................................................... A-36

2.2 Approximate Estimate................................................................................................... A-36

2.3 Examination of Plans, Specifications, Special Provisions, and Site of Work ............... A-36

2.4 Rejection of Proposals Containing Alterations, Erasures or Irregularities .................... A-36

2.5 Proposal Form............................................................................................................... A-36

2.6 Bidder's Guarantee ....................................................................................................... A-36

2.7 Required Listing of Proposed Subcontractors .............................................................. A-36

2.8 Bid Submittal Items ....................................................................................................... A-37

2.9 Omissions in Specifications and Drawings ................................................................... A-37

2.10 Withdrawal of Proposals ............................................................................................... A-37

2.11 Public Opening of Proposals ......................................................................................... A-38

2.12 Relief of Bidders............................................................................................................ A-38

2.13 Disqualification of Bidders............................................................................................. A-38

2.14 City Employees and Design Consultants May Not Bid on Construction Contract……. A-38 SECTION 3 - AWARD AND EXECUTION OF CONTRACT

3.1 General ......................................................................................................................... A-39

3.2 Award of Contract ......................................................................................................... A-39

3.3 Contract Bonds ............................................................................................................. A-39

3.4 Execution of Contract.................................................................................................... A-39

3.5 Return of Bidder's Guarantees ..................................................................................... A-39 PART B
DIR- 100 FORM
DAS FORM 140
Hazardous Materials Survey
ii
PART C

GENERAL CONDITIONS
SECTION 1 - DEFINITIONS

1.1 Definitions ...................................................................................................................... C-1

1.2 Document Headings ...................................................................................................... C-3

1.3 Terms ............................................................................................................................. C-3 SECTION 2- PRELIMINARY MATTERS

2.1 Commencement of the Contract Time; Notice to Proceed ............................................ C-4

2.2 Work to be Done ............................................................................................................ C-4

2.3 Preconstruction Conference .......................................................................................... C-4

2.4 Before Starting Construction.......................................................................................... C-4

2.5 Schedules ...................................................................................................................... C-4

2.6 Working Hours ............................................................................................................... C-5

2.7 Notice and Service......................................................................................................... C-5

2.8 CONTRACTOR Correspondence .................................................................................. C-5

2.9 OWNER Correspondence.............................................................................................. C-5

2.10 Use of Forms Provided .................................................................................................. C-5 SECTION 3 - CONTRACT DOCUMENTS

3.1 Applicable Law and Codes; Intent ................................................................................. C-6

3.2 Priority of Documents..................................................................................................... C-6

3.3 Reporting and Resolving Discrepancies........................................................................ C-6

3.4 Reuse of Documents ..................................................................................................... C-7 SECTION 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS

4.1 Land and Rights of Way................................................................................................. C-8

4.2 Removal of Obstructions................................................................................................ C-8

4.3 Location of Utilities and Structures ................................................................................ C-8

4.4 Service Connections, Utilities or Structures................................................................... C-8

4.5 Subsurface and Physical Conditions ............................................................................. C-8

4.6 Notice of Differing Subsurface or Physical Conditions .................................................. C-9 SECTION 5 - INSURANCE

5.1 General ........................................................................................................................ C-10

5.2 CONTRACTOR’s Responsibility Not Limited by Insurance.......................................... C-11

5.3 Maintaining Insurance.................................................................................................. C-11 SECTION 6 - CONTRACTOR’S RESPONSIBILITIES

6.1 CONTRACTOR’s Responsibility for the Work ............................................................. C-12

6.2 Preservation of Property .............................................................................................. C-12

6.3 Responsibility for Loss, Damage, or Injuries ............................................................... C-12

6.4 Superintendence.......................................................................................................... C-13

6.5 Observing Laws and Ordinances................................................................................. C-13

6.6 Permits and Licenses................................................................................................... C-13

6.7 Patents ......................................................................................................................... C-13

6.8 Safety ........................................................................................................................... C-13

6.9 Emergencies ................................................................................................................ C-14

6.10 Concerning Subcontractors, Suppliers, and Others .................................................... C-14

6.11 Assignment .................................................................................................................. C-15

6.12 Time for Completion and Forfeiture Due to Delay ....................................................... C-15

6.13 Prevailing Wage ........................................................................................................... C-16

6.14 Travel and Subsistence Payments .............................................................................. C-16

6.15 Apprentices .................................................................................................................. C-16

6.16 Payroll Records ............................................................................................................ C-17

6.17 Conformity with Contract Documents and Allowable Deviations................................. C-17

6.18 Disputed Work.............................................................................................................. C-17 iii

6.19 Public Convenience and Safety ................................................................................... C-17

6.20 Taxes ........................................................................................................................... C-17

6.21 CONTRACTOR Not Agent of OWNER........................................................................ C-17

6.22 Inspection and Audit .................................................................................................... C-17

6.23 Responsibility for Connecting to Existing Service and Utilities.................................... C-18

6.24 Cutting and Fitting........................................................................................................ C-18

6.25 Record Documents ...................................................................................................... C-18

6.26 Indemnity...................................................................................................................... C-18

6.27 Project Meetings .......................................................................................................... C-18

6.28 Continuing the Work .................................................................................................... C-18

6.29 Progress of the Work ................................................................................................... C-18

6.30 Quality of Materials and Equipment ............................................................................. C-19

6.31 Advance Notification .................................................................................................... C-19

6.32 Construction Power and Water.................................................................................... C-19

6.33 Dust and Smoke Control.............................................................................................. C-19

6.34 Excavation Plans for Worker Protection ...................................................................... C-19

6.35 Construction Dewatering, Erosion Control, Stormwater Discharge............................. C-20

6.36 Substantial Completion ................................................................................................ C-20

6.37 Final Inspection............................................................................................................ C-20

6.38 CONTRACTOR’s Continuing Obligation ..................................................................... C-20

6.39 Cleaning During Construction and Final Cleanup........................................................ C-20 SECTION 7 - OTHER WORK

7.1 Cooperation with Other Work....................................................................................... C-22

7.2 Access By Others......................................................................................................... C-22 SECTION 8 - OWNER’S RESPONSIBILITIES

8.1 Authority of the Construction Manager ........................................................................ C-23

8.2 Drawings and Supplemental Drawings ........................................................................ C-23

8.3 Copies of Documents................................................................................................... C-23

8.4 OWNER Communications and Access........................................................................ C-23

8.5 Surveying ..................................................................................................................... C-23

8.6 OWNER’s Right to Carry Out the Work ....................................................................... C-24

8.7 OWNER May Stop the Work........................................................................................ C-24

8.8 OWNER Removal of Personnel................................................................................... C-24

8.9 Use of Completed Portions .......................................................................................... C-25

8.10 Asbestos, PCB’s, Petroleum, Hazardous Waste or Radioactive Material ................... C-25 SECTION 9 - SHOP DRAWINGS AND SAMPLES

9.1 General ........................................................................................................................ C-26

9.2 Shop Drawing and Sample Submission Procedures ................................................... C-26

9.3 Substitutions................................................................................................................. C-27 SECTION 10 - CHANGES IN THE WORK

10.1 Changes in the Work ................................................................................................... C-28

10.2 Change Orders and Change Requests ....................................................................... C-28

10.3 Waivers ........................................................................................................................ C-29 SECTION 11 - CHANGES IN CONTRACT PRICE OR CONTRACT TIME

11.1 Changes in Contract Price ........................................................................................... C-30

11.2 Proposal or Claims Substantiating Adjustments.......................................................... C-30

11.3 Methods for Determining Adjustments in the Contract Price....................................... C-30

11.4 Labor, Installed Material and Equipment, and Subcontract Costs............................... C-31

11.5 Construction Equipment Costs .................................................................................... C-31

11.6 Supplemental Costs..................................................................................................... C-32

11.7 Costs Covered by CONTRACTOR’S Allowances ....................................................... C-32

11.8 CONTRACTOR Allowances for Changes and Additions to the Work ......................... C-33

11.9 Unit Price Work ............................................................................................................ C-33

11.10 Contract Time............................................................................................................... C-34

11.11 Waivers ........................................................................................................................ C-34 iv
SECTION 12 - SCHEDULES

12.1 General ........................................................................................................................ C-36

12.2 Submittal of Schedules ................................................................................................ C-36

12.3 Review of Schedules ................................................................................................... C-36

12.4 Time of Performance ................................................................................................... C-36

12.5 Changes ....................................................................................................................... C-37

12.6 As Built Schedule......................................................................................................... C-37 SECTION 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

13.1 Site Access .................................................................................................................. C-38

13.2 Inspection..................................................................................................................... C-38

13.3 OWNER’s Tests ........................................................................................................... C-38

13.4 Warranties.................................................................................................................... C-39

13.5 Removal of Defective and Unauthorized Work............................................................ C-39

13.6 Defective Materials ...................................................................................................... C-39

13.7 Acceptance of Defective Work..................................................................................... C-39

13.8 Warranty of Title........................................................................................................... C-40 SECTION 14 - PAYMENTS TO CONTRACTOR

14.1 Schedule of Values ...................................................................................................... C-41

14.2 Progress Payments...................................................................................................... C-41

14.3 Materials Onsite ........................................................................................................... C-42

14.4 Final Progress Payment and Retention Release......................................................... C-42

14.5 OWNER’S Right to Withhold and Use Certain Amounts ............................................. C-43

14.6 Substitution of Securities for Amounts Withheld.......................................................... C-43 SECTION 15 - SUSPENSION OF WORK AND TERMINATION

15.1 Suspension for Convenience ....................................................................................... C-45

15.2 Termination for Breach ................................................................................................ C-45

15.3 Termination for Convenience....................................................................................... C-46 SECTION 16 - DISPUTE RESOLUTION

16.1 Resolution of Construction Claims............................................................................... C-47 SECTION 17 - MISCELLANEOUS

17.1 Personal Liability .......................................................................................................... C-49

17.2 Partial Invalidity ............................................................................................................ C-49

17.3 Waiver of Rights........................................................................................................... C-49

17.4 Computation of Time.................................................................................................... C-49

17.5 Fees ............................................................................................................................. C-49

17.6 Governing Law............................................................................................................. C-49

17.7 Venue........................................................................................................................... C-49

17.8 Successors and Assigns.............................................................................................. C-49

17.9 Rights and Remedies................................................................................................... C-49

17.10 Survival ........................................................................................................................ C-49

17.11 Complete Agreement ................................................................................................... C-49 PART D

TECHNICAL SPECIFICATIONS
SECTION 18 – GENERAL CONSTRUCTION

18.1 Order of Work................................................................................................................. D-1

18.2 Mobilization .................................................................................................................... D-1

18.3 Temporary Fencing........................................................................................................ D-1

18.4 Relations with Property Owners..................................................................................... D-2

18.5 Obstructions ................................................................................................................... D-2

18.6 Maintaining Traffic.......................................................................................................... D-3

18.7 Demolition ...................................................................................................................... D-3

18.8 Hazardous Materials Abatement .................................................................................... D-4 v

18.9 Dust Control ................................................................................................................... D-4

18.10 Earthwork ....................................................................................................................... D-5

18.11 Hazardous Waste in Excavation .................................................................................... D-6

18.12 Trench Excavation ......................................................................................................... D-6

18.13 Bracing and Shoring ...................................................................................................... D-6

18.14 Trench Backfill................................................................................................................ D-7

18.15 Sewer Pipe ..................................................................................................................... D-8

18.16 Water Service................................................................................................................. D-9

18.17 Miscellaneous Concrete Construction ......................................................................... D-10

18.18 Restroom Building Pad Preparation ............................................................................... D-11

18.19 DELETED..................................................................................................................... D-11

18.20 Turf Re-Establishment ................................................................................................. D-11 SECTION 19 ELECTRICAL EQUIPMENT CONSTRUCTION

19.01 Furnish and Install Electrical Equipment...................................................................... D-12

19.02 Pull Boxes .................................................................................................................... D-12

19.03 Concrete Structures ..................................................................................................... D-12 16000 Electrical Specification Section 16000......................................................................... D-12 SECTION 20 – PREFABRICATED RESTROOM BUILDING

20.1 General ........................................................................................................................ D-23

20.1.1 Work Included .............................................................................................................. D-23

20.1.2 Design Criteria ............................................................................................................. D-23

20.1.3 Submittals .................................................................................................................... D-23

20.1.4 Warranty....................................................................................................................... D-23

20.1.5 Work Supplied by this Section ..................................................................................... D-23

20.1.6 Work Supplied by Contractor....................................................................................... D-23

20.1.7 Payment ....................................................................................................................... D-24

20.2 Products ....................................................................................................................... D-24

20.2.1 Restroom Summary ..................................................................................................... D-24

20.2.2 Concrete Foundation ................................................................................................... D-24

20.2.3 Building Electrical......................................................................................................... D-24

20.2.4 External Utility Connections ......................................................................................... D-24

20.2.5 Payment ....................................................................................................................... D-24

20.3 Execution ..................................................................................................................... D-24

20.3.1 Restroom Site Preparation........................................................................................... D-24

20.3.2 Survey Stakes .............................................................................................................. D-24

20.3.3 Subgrade Preparation.................................................................................................. D-25

20.3.4 Site Access .................................................................................................................. D-25

20.3.5 Utilities.......................................................................................................................... D-25

20.3.6 Building Erection .......................................................................................................... D-25

20.3.7 Tolerances ................................................................................................................... D-26

20.3.8 Special Conditions and Costs ...................................................................................... D-26

20.3.9 Permits and Fees......................................................................................................... D-26

20.3.10 Inspections ................................................................................................................... D-26

20.3.11 Cleanup........................................................................................................................ D-26

20.3.12 Payment ....................................................................................................................... D-26 PART A
A-1

CITY OF BAKERSFIELD

RECREATION AND PARKS DEPARTMENT

NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall North, 1600 Truxtun Avenue, Second Floor, Bakersfield, California, until 11:00 a.m. on the date indicated on the cover sheet of this document, to be publicly opened and read immediately thereafter in the City Hall North First Floor Conference Room, for the following work:

JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT A limited number of Plans, specifications, and forms of proposal, bonds, and contract are available and may be obtained at the office of the Purchasing Officer (phone, 661-326-3746; fax, 661-852-2100). The City is not charging a purchase price nor requiring a deposit for these documents. However, When the limited number of copies have been distributed, additional copies may be purchased at the office of the Purchasing Officer (phone, 661-326-3746; fax, 661-852-2100) at the price of SIXTY DOLLARS ($60) for each complete set. This purchase price was based on the cost to the City for printing each complete set. This is a non-refundable purchase. the person requesting a copy of the documents will be responsible for payment of any shipping and mailing costs. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the project's deadlines.

Alternatively, plans, specifications, and forms of proposal, bonds, and contract can be obtained by accessing the City of Bakersfield website www.bakersfieldcity.us. From the Homepage, go to the “How Do I” tab, then click on “Find…” to get the “Bids and Contracts” link. This link will take you to the Vendor Portal where you select “Bid Opportunities”. From the list of projects, select the project you are interested in. Click on the tab “Prospective Bidders”. There is no charge for downloading a copy of these documents from this website. However, in order to download these files, the requestor must first register as a vendor on this website; there is no charge for this registration. Registration is absolutely necessary in order to be listed as a Prospective Bidder; which ensures receipt of any addenda on the project.

No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears in Part A of this document, and is made in accordance with the provisions set forth under Section 2, “Proposal Requirements” of Part A. Each bid must be accompanied by a proposal guarantee in accordance with the provisions set forth under Section 2, “Proposal Requirements”, of Part A.

The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein.

Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield.

The request for substitution of securities to be deposited shall be submitted on the form entitled “Escrow Agreement for Security Deposits in Lieu of Retention,” a copy of which is included in Part A of this document.

The Contractor must possess a valid Class A or B Contractor’s License at the time bids are received for this project.

The Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform.

Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.), the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director’s schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.

Effective March 1, 2015, all prime contractors and sub-contractors must have a current registration with the Department of Industrial Relations at the time bids are received and throughout the duration of the project. If a prime contractor is not registered at the time bids are received their bid will be deemed non responsive. If a sub-contractor is not registered at the time bids are received, they must be registered within 24 hours of the bid opening, otherwise their bid will be deemed non-responsive. In the case that a sub-contractor’s bid is deemed non-responsive, the A-2
prime contractor shall substitute that subcontractor with a responsive and responsible registered subcontractor per Section 4107 of the Public Contract Code.

For more information please go to the DIR website at https://www.dir.ca.gov/PublicWorks/PublicWorksLawsRegsDetDec.html. To register with Department of Industrial Relations please go to the following website: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm.

Effective immediately, the prime contractor shall post job site notices prescribed by California Code of Regulations, Title 8 Section 16541 (d).

SB 854 Notice Requirements:
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
• No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

A sample contract is included in this bid package. Please review it carefully. This is the contract the Contractor shall be expected to execute without alteration. If any changes are desired, they must be submitted to the City for approval prior to bid opening. If approved, the changes will be issued to all prospective contractors. Failure to submit request for changes in a timely manner will result in a denial of the request for change.

Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor’s proposal.

Failure to execute the contract without alteration may result in the rejection of the Contractor’s proposal and the retaining of a different contractor by the City.

A pre-bid project site visit is scheduled February 7, 2025, at 10:00 AM. The location of the meeting will be at the Stiern Park located at 5201 Monitor Street, Bakersfield, CA 93313. The meeting will then move to Jefferson Park located at 801 Bernard Street Bakersfield, California 93305. This is a nonmandatory Pre-Bid job walk. However, all contractors wishing to bid on this project are encouraged to visit the site to gain understanding of the site conditions.

A-3

GENERAL DESCRIPTION OF WORK
Stiern Park - The work to be performed consists, in general, of the construction and placing of a pre-engineered, pre-manufactured flush toilet restroom building. The Contractor will perform demolition of the existing picnic area, construct sewer, water and electrical service extensions and tie the same to the new building, provide grading, foundation preparation, structure backfill, grading, utility connections, sidewalk work at the new restroom and other specified park locations, and other incidentals to make the restroom facility completely operable.

Jefferson Park - The work to be performed consists, in general, of the construction and placing of pre-engineered, pre-manufactured flush toilet restroom building. The Contractor will perform demolition of the existing restroom building and associated sidewalk and foundations, identifying utility items and stubbing them out for new connection; provide temporary electrical service for lighting, provide temporary irrigation facilities, foundation preparation, structure backfill, grading, electrical service extension, utility connections, sidewalk work at the new restroom and other specified park locations, reconstruction of an ADA access ramp, and other incidentals to make the restroom facility completely operable.

The Stiern restroom project was previously bid, and all bids were rejected due to budget constraints. The project has been revised utilizing a different restroom building manufacturer. In addition, the City of Bakersfield will be purchasing the restroom buildings directly with the Contractor providing the installation.

During the bidding of this project, contractors who have questions or desire clarifications about the bid documents, must submit those questions or requests for clarifications in writing using the form provided in the bid documents.

Said questions and requests for clarifications must be submitted by the date identified in the project schedule in Section 3 of these BIDDING REQUIREMENTS.

CITY OF BAKERSFIELD

DARIN BUDAK
Recreation and Parks Director

CITY OF BAKERSFIELD, CALIFORNIA

RECREATION AND PARKS DEPARTMENT
A-4
JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT - Request for Information Form BIDDING QUESTION TO: City of Bakersfield, Recreation and Parks Department 1600 Truxtun Avenue, Bakersfield, CA 93301
Attention: FIDEL GONZALEZ
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M.

Seven days prior to the scheduled opening. This will allow time to respond to the question and/or to issue an addendum to all contractors addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.

Date Submitted: Submitted by: Contractor:

Contact Person:

Address:

Telephone Number:

QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:

Addendum Required: YES___________ NO ______________
RFI # ________
A-5

PROPOSAL
FOR

JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT Project Number: P3C136 & P3C144
To the City Clerk of the City of Bakersfield:

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule.

If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City by the date specified in the schedule shown in Section 3 of the Bidding Requirements for this project, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder’s proposal guaranty shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder.

Item
No.

Estimated
Quantity
Unit of
Measure
Item Unit Price
(in figures)
Extension Price
(in figures)

JEFFERSON PARK

1. 1 LS Mobilization

2. 1 LS Temporary Fencing

3. 1 LS Demolition

4. 1 LS Hazardous Materials Abatement

5. 1588 SF Minor Concrete (Sidewalk – 4”)

6. 523 SF Minor Concrete (ADA Ramp and Sidewalk)

7. 1 LS Restroom Building Pad Preparation

8. 1 LF Utilities Services (Electrical, Domestic Water & Sewer)
SUBTOTAL JEFFERSON PARK $__________________________
Signed
Bidder Company

Page 1 of 5 ends

A-6
Item
No.

Estimated
Quantity
Unit of
Measure
Item Unit Price
(in figures)
Extension Price
(in figures)

STIERN PARK

8. 1 LS Mobilization

9. 1 LS Temporary Fencing

10. 1 LS Demolition

11. 2178 SF Minor Concrete (Sidewalk – 4”)

12. 362 LF Water Service Extension

13. 184 LF Sewer (4”)

14. 1 LS Electrical Service

15. 1 LS Restroom Building Pad Preparation
SUBTOTAL STIERN PARK $__________________________
SUBTOTAL JEFFERSON PARK $__________________________
TOTAL PROJECT $__________________________
Signed
Bidder Company

Page 2 of 5 ends

A-7
PROPOSAL FOR: JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT Bidder acknowledges receipt of the following addenda: ________________________ Clearly list any and all addenda numbers received on this project, above and on the lower left-hand corner of the sealed bid return envelope.

The representations made herein are made under the penalty of perjury.

Signed
Bidder Mailing Address if different than Street Address Company City State Zip Code
Street Address Telephone Number, including Area Code
City State Zip Code License Number and Expiration Date
DIR Registration Number and Expiration Date
Federal Employer ID Number City’s Business License Number and Expiration Date The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following:
a. As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. b. As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

Page 3 of 5 ends

A-8
PROPOSAL FOR: JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT

LIST OF SUBCONTRACTORS
All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the information about each subcontractor as required by Section 4100 of the Public Contract Code, which is summarized in Section 2-1.07 of the project’s Special Provisions. The bidder’s attention is directed to provisions of Section 4100 which impose penalties for failure to provide the required correct information within the required time frame. Corrected information must be submitted to the Purchasing Officer.

NOTE: The dollar value of work for each subcontractor, if not shown on this form when submitted with bid, MUST be provided by the bidder to the Purchasing Officer within twenty-four (24) hours of bid opening. Otherwise, the City, at its sole discretion, may reject the bid as non-responsive. Dollar value of portion of work subcontracted Attach additional sheets if needed. Total Dollar Value of Subcontracted Work $ Description of portion of work subcontracted, include Item Number from Proposal Form Subcontractors’ sDIR registration number
Subcontractor’ s California Contractor License Number
Subcontractor’ s Business Address, including City, State, and Zip Subcontractor’ s Name
Signed
Bidder Company

Page 4 of 5 ends

A-9
PROPOSAL FOR: JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT Accompanying this proposal is
[NOTICE: In the blank above, insert the words “cash ($________),” “cashier’s check,” “certified check,” or “bidder’s bond,” as the case may be],
in an amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractor’s License No. ________________________
___________________________________
SIGN ___________________________________
HERE
___________________________________
Signature of Bidder
NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. _________________________________________
Business Address
_________________________________________
Telephone Number
_________________________________________
Place of Residence
_________________________________________
Date
Signed
Bidder Company

Page 5 of 5 ends

Bakersfield City CouncilMarch 26, 2025

Bakersfield City Council
March 26, 2025