Agenda, regular meeting, second session — Bakersfield City Council, May 28, 2025 (part 3 of 5)

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Julie Drimakis, City Clerk
DATE: May 19, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2022-259 with Netfile (increasing compensation $55,000, revised not to exceed $140, 000; and extend term to December 14, 2029) for electronic filing and application submission system RECOMMENDATION:

Staff recommends approval of the amendment
BACKGROUND:

The city currently leverages the NetFile system for electronic Form 700 Statement of Economic Interest filings and campaign financial disclosures, ensuring compliance and transparency. To align with Council priorities, staff proposes adding a NetFile module for electronic submission of applications to boards and commissions, supplementing the current paper-based system.

The proposed electronic application submission system directly supports the council’s priorities:

1. Innovative and Efficient Government:

The NetFile module streamlines application processing by enabling staff to review, track, and manage submissions in a centralized digital platform. This reduces administrative workload, minimizes errors, and accelerates appointment timelines, allowing staff to focus on other critical governance tasks.

2. Economic Opportunity for All:

An online application portal enhances accessibility, enabling residents from diverse backgrounds— regardless of work schedules or mobility constraints—to apply for boards and commissions. This fosters inclusive participation in civic leadership, ensuring equitable representation in decision-making processes.

3. Community Character and Quality of Life:

By encouraging broader community engagement, the system strengthens the representation of diverse perspectives on boards and commissions, which shape policies affecting local culture, heritage, and quality of life. A user-friendly application process reinforces the [City/County/Agency]’s commitment to an engaged and vibrant community.

4. Reliable Infrastructure:

Integrating the module into the existing NetFile platform leverages proven, secure technology, avoiding the need for costly new systems. The system’s cloud-based infrastructure ensures reliable access, data security, and compliance with public records requirements.

5. Safety and Resilience:

While not directly tied to physical safety, the system promotes resilience by digitizing records, reducing reliance on paper-based processes vulnerable to loss or damage. Secure storage enhances continuity of governance operations during disruptions.

Key Benefits:
• Accessibility: Applicants can submit materials 24/7 via an intuitive online portal. • Efficiency: Staff time spent on manual processing is significantly reduced. • Transparency: Digital records improve public access and accountability. • Sustainability: A paperless process supports environmental goals. • Cost-Effectiveness: The $4,950 annual cost integrates seamlessly with the existing NetFile contract, requiring no additional staffing or hardware.

FISCAL IMPACT:

Increased compensation of $4,950 annually.

COUNCIL GOAL:

Innovative and Efficient City Government
Economic Opportunity for All
Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:

Agreement

AMENDMENT TO AGREEMENT
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$f5f401b7c9af$79AF39FBC07D4D7B82BBD8C311A39BF5.doc Updated – August 15, 2022
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AGREEMENT NO. __________________
AMENDMENT NO. [1] TO
AGREEMENT NO. 2022-259
This AMENDMENT NO. 1 TO AGREEMENT NO. 2022-259 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and Netfile, Inc., a corporation; authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is
experienced, well qualified and a specialist in the field of e-filing and administration systems for both Campaign Disclosures and Form 700 filings; and WHEREAS, CONTRACTOR provides a hosted platform that allows filers to electronically file documents and forms directly with the California Fair Political Practices Commission; and
WHEREAS, the City Council has authorized the City Clerk to provide an online filing system to accept electronic statements, reports, or other documents required to be filed by any elected officer, candidate, committee, or other person under Chapter 4 of the Political Reform Act; and WHEREAS, CONTRACTOR represents that its electronic filing system complies with the requirements set forth in Government Code Section 84615.

WHEREAS, the city would like to expand its usage of electronic filings by utilizing an additional module of the Netfile system that would assist in position and term tracking and electronic application filing.

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

1. Section 1A of Agreement No. 2022-259 entitled “SCOPE OF WORK” is hereby amended to read as follows:
1A. SCOPE OF WORK. SCOPE OF WORK. In exchange for the
Compensation (defined below), CONTRACTOR shall perform the following:
provide an electronic filing system for form 700 and campaign finance forms, as Docusign Envelope ID: 0CF48EA5-3ABE-454A-9721-ADB5D5491C5F

AMENDMENT TO AGREEMENT
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$f5f401b7c9af$79AF39FBC07D4D7B82BBD8C311A39BF5.doc Updated – August 15, 2022
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well as training, maintenance and technical assistance related to such system, as specified in more detail and pursuant to Exhibit A, attached to hereto and incorporated herein (“Scope of Work”). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 1B of Agreement No. 2022-259 entitled “COMPENSATION/ PAYMENT PROCEDURE” is hereby amended to read as follows:

1.B COMPENSATION/PAYMENT PROCEDURE. Subject to the
conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
(1) A total, lump sum payment of $ 21,500 paid annually after the Scope of Work is completed to CITY’s satisfaction., CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The
Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $ 140,000 for performing the Scope of Work.

3. Section 2 of Agreement 2022-259 entitled “TERM” is hereby amended to read as follows:

TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 14, 2029.

Docusign Envelope ID: 0CF48EA5-3ABE-454A-9721-ADB5D5491C5F

AMENDMENT TO AGREEMENT
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$f5f401b7c9af$79AF39FBC07D4D7B82BBD8C311A39BF5.doc Updated – August 15, 2022
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-259 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD
By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:
___________________DEPARTMENT
By:____________________________
Anthony Valdez
Assistant City Manager
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________
(NAME)
Deputy City Attorney
Insurance:____________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 0CF48EA5-3ABE-454A-9721-ADB5D5491C5F Tom Diebert
Vice President

EXHIBIT A

SCOPE OF WORK
ELECTRONIC FILING SYSTEM FOR FORM 700 AND CAMPAIGN FINANCE FORMS

1. EXPECTED OUTCOME
The System must meet the following requirements:

1.1. An out-of-the-box, web browser-accessible, Software-as-a-Service solution with separate portals for Form 700 filers, Campaign Finance Form filers, and Boards & Commissions applicants.

1.2. Browser agnostic and functions at a minimum on Microsoft Edge, Google Chrome, and Apple Safari.

1.3. Unlimited electronic filing (or scanning and uploading if electronic submittal not currently available) and posting of the following:

1.3.1. California FPPC Campaign Disclosure Statements (electronic)

1.3.2. All other FPPC-approved forms available from Vendor for on-line filing (electronic)

1.3.3. Boards & Commissions applications

1.4. Electronic filing and immediate posting to a public portal for Form 700 filers and Campaign filers.

1.5. Allows City to scan and upload into System any forms submitted on paper.

1.6. Archival database with reporting and querying capabilities for all forms.

1.7. Ability to publish all Campaign and Form 700 forms (in redacted form) on a Vendor-hosted website for public viewing over the Internet through a link on the City’s website, as directed by the City.

1.8. Allows the public to search and view published Forms, with a complete list of filings, via the Internet (with information redacted, including address, per City specifications).

1.9. Allows the public to search and view the database of all current FPPC Forms submitted by paper or electronic filing.

1.10. If a filed document is not available electronically, Vendor’s System will notify the searcher that the document is available for viewing in the Office of the City Clerk.

1.11. Allows the public to view all 11 Boards & Commissions on a public viewing portal as well as an auto-generated Maddy Act List

1.12. Allows the public to link to a Board and/or Commission to see general information about the board (including meeting schedules, location, and an admin contact), link to the boards agenda & minutes, and view the roster of members

1.13. Configurable automatic email notifications and reminders to filers, including welcome, late filings, and non-filings.

1.14. Campaign and Form 700 systems includes filing status report and log (who/when/what was sent).

1.15. Boards & Commissions system includes electronic application process and workflow as well as tracking Oaths of Office

1.16. Multiple, geographically separated, and redundant servers for storing data to ensure data security.

1.17. Ability to export raw data for all Campaign Disclosure Forms.

1.18. System Administration:

1.18.1. Grants City staff and administrators access based on security level to perform the following tasks for Campaign and Form 700 systems:

1.18.1.1. Store and edit general information about filers.

1.18.1.2. Store and edit all filings by individual statement periods.

1.18.1.3. Provide deadlines when filings are due and periods covered as well as allow for entry of miscellaneous notes by City staff.

1.18.1.4. Indicate how filings were received.

1.18.1.5. Track deadlines for filings and any subsequent amendments.

1.18.2. Issues an ID number and password for filers to log onto the secure website hosted by Vendor.

1.19. Campaign and Form 700 Filing:

1.19.1. Allows filers to (a) enter data into Vendor’s on-line filing System or (b) upload files in the CAL format used by the California Secretary of State.

1.19.2. Validates submitted filings and notifies the filer if the filing was accepted or declined.

1.19.3. Allows filers to print a copy of the forms generated from their upload or data entry.

The System will produce two versions in Adobe pdf format: one version (not accessible to the public) will include all information as filed to the filer and admin system, and the other version (accessible to the public) will have all addresses redacted.

1.19.4. Allows filers to access earlier validated electronically filed forms for reference.

1.20. Allows the City to generate late filing and non-filing reports for Campaign and Form 700 filers.

2. TRAINING

2.1. Vendor shall provide training on the implemented System as follows:

2.1.1. Unlimited admin training

3. MAINTENANCE AND TECHNICAL SUPPORT

3.1. Vendor shall provide unlimited support to City staff by email or phone and filers by email at a minimum Monday through Friday, excluding City holidays, 9 a.m. to 5 p.m. Pacific Time.

3.2. Vendor shall provide technical support and maintenance which shall commence at the end of the applicable warranty period.

4. PERFORMANCE STANDARDS
Performance standards are based upon providing deliverables according to the timeline for performance as determined by City’s Project Manager, and whether the System meets the expected outcome in terms of timeliness and functionality. Contractor’s System shall be accessible 24/7/365 and have a guaranteed uptime of at least 99.8%, excluding scheduled maintenance. Vendor shall meet service level targets with failure to do so linked to service credits or penalties.

5. LIABILITY FOR SCANNED DOCUMENTS
City accepts any and all liability resulting from the placement of documents scanned by the City that are made available on the internet for public viewing through the services of the Contractor. In no event does the contractor accept liability created by any document scanned into the System by the City.

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: May 16, 2025
SUBJECT: Amendment 2 to Agreement 2022-256 Darktrace Holdings Limited (increase compensation revised not to exceed $1,137,924.84; and extend term to December 1, 2028) for applications to support cybersecurity detection and monitoring on the city’s technology infrastructure
RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

Darktrace Holdings Limited provides applications to support cybersecurity detection and monitoring on the City’s technology infrastructure. Darktrace’s application is configured specifically for the City’s network and data to understand what is normal and what to identify as high-risk, anomalous activity across our systems. This enables it to detect and signal a threat or cyberattack.

In November 2022, the City entered into Agreement 2022-256 for $430,000 to purchase Darktrace Network Security Artificial Intelligence to actively monitor and detect cybersecurity threats across City systems and networks. Amendment 1 increased compensation not to exceed $465,076.40 for fees and additional taxes for 2 additional years.

Amendment 2 to Agreement 2022- 256 increases competition by $672,848.44 to a not to exceed amount of $1,137,924.84 paid in four (4) installments as follows:
 July 2025: $20,870.60
 December 2025: $217,325.95
 December 2026: $217,325.95
 December 2027: $217,325.95
and adds Darktrace Identity subscription, Darktrace Enterprise Immune System, and additional appliances, including implementation and training. These tools provide added protection against account takeover and attacks using stolen credentials.

FISCAL IMPACT:

Funding for this purchase is covered within the Equipment Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Amendment2.pdf
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AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2022-256
This AMENDMENT NO. 2 TO AGREEMENT NO. 2022-256 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and DARKTRACE HOLDINGS LIMITED a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on November 16, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-256 in an amount not to exceed $430,000 for Network Security Artificial Intelligence; and
WHEREAS, on April 12, 2023, the CITY and CONTRACTOR entered into Agreement No. 2022-256(1) in an amount not to exceed $465,076.40 to account for additional taxes and fees for Year two (2) and Year three (3); and WHEREAS, the parties desire to further amend Agreement No. 2022-256 to increase compensation by $672,848.44 to purchase a subscription of Darktrace IDENTITY that the CONTRACTOR provides pursuant to the terms and conditions set forth herein as detailed in Exhibit E attached hereto and incorporated herein; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. Section 1 of Agreement No. 2022-256 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: assist in the implementation of Darktrace Enterprise Immune System, (2) two medium appliances, (1) one large appliance, (9) nine V-Sensors, (1) one Antigena Network Software, and additional identity product subscription, with installation and training services as detailed in Exhibit B and Exhibit E attached hereto and incorporated herein and subject to the supplemental terms and conditions set forth in Exhibit C attached hereto and incorporated herein. (“Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450 -- Page 2 of 4 Pages --
been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 2 of Agreement No. 2022-256 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/ PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"):
• A total, lump sum payment of $1,137,924.84 made in four (4) installments after the Scope of Work is completed to CITY's satisfaction per Exhibit E, such satisfaction not to be unreasonably withheld or delayed, which is attached hereto and incorporated by herein as follows:
$20,870.60 July 2025
$217,325.95 December 2025
$217,325.95 December 2026
$217,325.95 December 2027
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY, such approval not to be unreasonably withheld or delayed. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than One Million One Hundred and Thiry-Seven Thousand Nine Hundred and Twenty-Four Dollars and Eighty-Four Cents ($1,137,924.84) for performing the Scope of Work.

3. TERM. Section 3 of the Agreement No 2022-256 entitled “TERM” is hereby amended to read as follows:

3. Unless terminated sooner as set forth in herein this agreement shall terminate on December 1, 2028.

4. Except as amended herein, all provisions of Agreement No. 2022-256 shall remain in full force and effect.
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Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450 -- Page 3 of 4 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2022-256 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD DARKTRACE HOLDINGS LIMITED
By:____________________________ By:_________________________________

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

TECHNOLOGY SERVICES DEPARTMENT
By:_______________________________

GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450 Rachel Elias-Jones
Financial Director
-- Page 4 of 4 Pages --
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit E – Darktrace Product Order Form
Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450

PRODUCT ORDER FORM
Customer Name: City of Bakersfield
Transactional Tax ID/Business
Registration/VAT No: N/A
Shipping Address: 1600 Truxtun Ave, Bakersfield, California 93301, US Invoice Address: 1600 Truxtun Ave, Bakersfield, California 93301, US Attn: Chris Dorroh
Email: [email protected]
Product Order Form: 192975-202504-16-1037949
Date Prepared: 2025/04/16
Expiry Date: 2025/06/20
Darktrace Offering :

Product/Services Description Quantity
Subscription
Period
(months)
Start Date End Date
Annual
Customer
Price USD
Extended
Customer Price
USD
Platform Product
Network
Darktrace / NETWORK 4001-5000
IPs 36.0 2025-12-01 2028-11-30
Identity
Darktrace / IDENTITY 1751-2000
Active Users (Identity) 41.0 2025-07-01 2028-11-30
Cross-Platform Product [Not Ordered]
Platform Module [Not Ordered]
Services [Not Ordered]
Deployment
On-Premises
Darktrace On-Prem Appliance (Medium) 2
Appliances 36.0 2025-12-01 2028-11-30
Darktrace On-Prem Appliance (X2) 1
Appliances 36.0 2025-12-01 2028-11-30
Training
Trainings
Darktrace Training (eLearning) 1
Darktrace Training (Public) 1
Darktrace Training (Remote) 2
Sessions
Subscription period commencing on 2025/07/01 (“Commencement Date”) Standard Support Services
181,923 621,569
TOTAL 621,569
US: +1 415 229 9100 LATAM: +52 55 7005 0956 UK: +44 (0) 1223 294 100 APAC: +65 6804 5010 E: [email protected] www.darktrace.com Exhibit E
Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450

PRODUCT ORDER FORM
Terms and Conditions:
1 By signing this Product Order Form, issuing a purchase order referencing this Product Order Form or otherwise accessing or using the Offering, the Customer's use of the Offering shall be subject to the Darktrace Master Services Agreement included in the Appliance, which can also be found at: https://www.darktrace.com/resources/legalonline-terms.pdf (“Agreement”). The parties have previously agreed to Product Order Form No. 92827-202210-21-406820 (the "Prior Order"). From the Commencement Date, this Product Order Form will supplement the Prior Order, the terms of which shall continue to apply, to the extent such terms do not contradict those contained herein, and will add to the Offering a subscription to use Darktrace / IDENTITY for the period until November 30, 2028. At the time when the Prior Order would otherwise expire, this Product Order Form will also renew and update the Offering to match the subscriptions set out in the Offering table above for the period for the period until November 30, 2028. Pursuant to the Prior Order, Customer is already in possession of the Appliance(s), and shall not receive any additional Appliance(s) in connection with this Product Order Form.
2 Use of Darktrace / NETWORK is limited to within the IP Count band specified above (“Usage Metrics”). For such purposes, “IP Count” is calculated by taking the peak unique IP address values (with VLANs differentiated) in any 24-hour period in the last 28 days. Should Usage Metrics be exceeded, additional Fees shall be payable. 3 Use of Darktrace / IDENTITY is limited to within the band of Active Users specified above (“Usage Metrics”). For the purposes of Darktrace / IDENTITY, an “Active User” consists of any object which can perform actions that are then reported by the API/logging of the 3rd-party product, including but not limited to 3rd-party user accounts, 3rdparty apps, and other 3rd party identities. The number of Active Users is calculated by taking the peak number of Active Users over all configured and applicable modules within Darktrace / IDENTITY seen over a 28-day period. Should Usage Metrics be exceeded, additional Fees shall be payable. 4 The Offering is made available on the basis of the relevant Product Specification, Service Definition, or other technical documentation (as applicable). Product Specifications and Service Definitions are found at: https://darktrace.com/legal/product-specifications-and-service-definitions, whilst other technical documentation can be found via the Customer Portal.
5 The Appliance(s) are for use with respect to the Customer's applicable bandwidth throughput, number of connected devices and connections per minute as set out in the applicable Product Data Sheet (https://darktrace.com/resources/contract-data-sheets.zip) (the “Appliance Specifications”). Should the Appliance Specifications be exceeded, additional Fees shall be payable.
6 Fees are exclusive of any applicable sales tax, goods and services tax, withholding tax or VAT. Fees will be invoiced in advance in accordance with the below invoicing schedule. Payment terms Net 30.
7 If Customer requires a purchase order, it must be sent at the time of acceptance of this Product Order Form and be for the full contract value. If it is not received, Darktrace shall be entitled to invoice without it.
8 Acceptance of this Product Order Form is expressly limited to the terms of Darktrace's offer. Once accepted, the terms and conditions of this Product Order Form and the Agreement will be the complete and exclusive statement of the agreement between the parties. Any modifications proposed by Customer are expressly rejected by Darktrace and shall not become part of the Agreement in the absence of Darktrace’s written acceptance. 9 This Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. Transmission of the executed counterpart of this Product Order Form by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart.

Invoicing Schedule:

Invoice Date From To Amount Currency
2025-07-01 2025-07-01 2025-11-30 19,280 USD
2025-12-01 2025-12-01 2026-11-30 200,763 USD
2026-12-01 2026-12-01 2027-11-30 200,763 USD
2027-12-01 2027-12-01 2028-11-30 200,763 USD
For Customer
Signature:

Name:

Job Title:

Signature Date:

For Darktrace:

Signature: /darktrace_sign_here/
Name: /darktrace_name/
Job Title: /darktrace_title/
Signature Date: /darktrace_date/
("Effective Date")
US: +1 415 229 9100 LATAM: +52 55 7005 0956 UK: +44 (0) 1223 294 100 APAC: +65 6804 5010 E: [email protected] www.darktrace.com Docusign Envelope ID: 5780042D-E9AE-427D-9A20-8D7A8506A450

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: May 16, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-228 with Environmental Systems Research Institute, Inc
(increasing compensation, revised not to exceed $1,283,855) for Geographic Information Systems (GIS) mapping software and online technology resources RECOMMENDATION:

Staff recommend approval of this amendment
BACKGROUND:

For over 20 years, the City of Bakersfield has used software from Environmental Systems Research Institute (Esri) for the development and mapping of Geographic Information Systems (GIS) data and maps.

Esri is the industry leader in GIS, and provides robust applications and tools for data analysis, reporting, and visualization for departments and the public at large.

Esri Site Scan for ArcGIS is the end-to-end, cloud-based drone mapping software designed to revolutionize imagery data collection, processing, and analysis. It maintains drone flight history while capturing up-todate imagery when needed and securely processes imagery in a scalable cloud environment.

On August 28, 2024, the parties entered into Agreement No. 2024-228, not to exceed $1,268,855 for 3 years to renew licensing for GIS software and online resources for mapping and education. We now wish to amend that agreement to increase compensation by $30,000 to purchase a Site Scan subscription for two (2) years remaining on the agreement. This also amends Agreement No. 2024-228 not to exceed $1,298,855 paid in three (3) annual installments as follows:
• A sum not to exceed $372,785 for the first-year subscription • A sum not to exceed $453,195 for the second-year subscription due July 28, 2025 • A sum not to exceed $472,875 for the third-year subscription due July 28, 2026 FISCAL IMPACT:

Funds for this amendment are covered within the Equipment Fund COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Amendment 1.pdf

2. Exhibit D.pdf
-- Page 1 of 4 Pages --
AGREEMENT NO. __________________
AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-228
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-228 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on August 28, 2024, both parties entered into Agreement No. 2024-228 to allow the CONTRACTOR to provide Geographic Information Systems (GIS) mapping software and online technology resources to educate professionals in the technology industry; and
WHEREAS, both parties desire to amend Agreement No. 2024-228 to increase compensation by $30,000.00 to allow CITY to upgrade site scan licensing to site scan package at $15,000.00 a year for the last two subscription years, as reflected in the updated Exhibit A and new Exhibit D attached hereto, and CONTRACTOR accepts such engagement,
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. Section 1 of Agreement No. 2024-228 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide quantities of commercial-off-the-shelf ESRI software and maintenance, and shall provide ESRI Advantage Program as outlined in the attachments hereto as follows:
• Exhibit A: Esri Proposal for City of Bakersfield 5.14.25 • Exhibit B: Enterprise Agreement 0032598.0
• Exhibit C: Esri Master Agreement Product and Services No 00332789.0
• Exhibit D: Esri Quotation #Q-539983
(“Scope of Work"). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has -- Page 2 of 4 Pages --
been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 2 of Agreement No. 2024-228 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/ PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (" Compensation"):

A total payment of $1,283,855 which will be paid in three (3) annual instalments subject to Exhibit D.
• A sum not to exceed $357,785 for the first-year subscription paid on 10/21/2024
• A sum not to exceed $453,195 for the second-year subscription due July 28, 2025
• A sum not to exceed $472,875 for the third-year subscription due July 28, 2026
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.

CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than One Million, Two Hundred Thousand Eighty-Three, Eight Hundred and Fifty-Five Dollars ($1,283,855) for performing the Scope of Work.

2. Except as amended herein, all provisions of Agreement No. 2024-228 shall remain in full force and effect.
-- o0o –
-- Page 3 of 4 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-228 to be executed the day and year first above written.
“CITY”

CITY OF BAKERSFIELD
By:____________________________

KAREN GOH
Mayor
“CONTRACTOR”

ENVIRONMENTAL SYSTEMS RESEARCH

INSTITUTE, INC (ESRI)
By:_________________________________
Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:

TECHNOLOGY SERVICES DEPARTMENT
By:____________________________

GREGORY PRONOVOST
Technology Services Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
-- Page 4 of 4 Pages --
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A- Esri Proposal for City of Bakersfield 5.14.25 Exhibit D – ESRI Quotation #Q-539983

Page 1 of 5 ends

May 14, 2025
Greg Pronovost
City of Bakersfield
1501 Truxtun Ave
Bakersfield CA 93301
Dear Greg
As a follow-up to our meeting today May 17th, 2024 regarding an Enterprise Agreement for the City of Bakersfield, I am providing proposed pricing and product rights below.

The Esri Enterprise Agreement (EA) will remain in effect for three (3) years and grant the City of Bakersfield uncapped access to the Esri products listed below.

Maintenance on all listed software, including maintenance on listed software deployed before the Agreement, is included for the term of the EA.

The Agreement will be effective on July 28, 2024, renew the current agreement without lapse in service, and will require a firm three-year commitment.

Although your organization has already deployed a considerable amount of Esri technology, our experience with similar customers indicates significant potential to apply GIS in many additional areas within your organization. For these reasons, your organization will greatly benefit from an Enterprise Agreement. An EA offers numerous benefits including:
• A lower cost per unit for licensed software
• Substantially reduced administrative and procurement expenses • Maintenance of all Esri software identified in this proposal and deployed within the organization • Create data-driven decisions and establish departmental metrics • Complete flexibility to deploy software products when and where needed Proposed payment terms for the EA, developed to reflect your organization’s anticipated deployment schedule, are as follows:

Year 1 Year 2 Year 3 Total
Annual EA Fee $357,785 $453,195 $472,875 $1,283,855
Renewal EA Proposal Offer Letter

Page 2 of 5 ends

Esri products and services to which the City of Bakersfield will have uncapped deployment rights during the term of this Agreement include:

EA Products—Uncapped Quantities
Product Quantity
ArcGIS Enterprise: ArcGIS Enterprise (Advanced and Standard) Uncapped ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Spatial Analyst, and ArcGIS Workflow Manager
Uncapped
ArcGIS GIS Server: Advanced, Standard, Basic Uncapped
ArcGIS Enterprise Additional Capability Servers: ArcGIS Image Server, ArcGIS GeoEvent Server Uncapped
ArcGIS Monitor Uncapped
ArcGIS Runtime Advanced Uncapped
ArcGIS Runtime Analysis Extension Uncapped
Mapping and Charting Solutions: Esri Production Mapping for Desktop (Single Use) Uncapped
Please be advised, that ArcGIS Desktop and Extensions licenses will no longer be available in 2026. This proposal ensures that the City of Bakersfield has access to the replacement licenses (GIS Professional listed below) to ensure a smooth transition.

The Enterprise Agreement also includes:

Products Quantity
ArcGIS Desktop: Advanced (Single Use) 30
ArcGIS Desktop: Standard (Single Use) 10
ArcGIS Desktop Extensions: ArcGIS 3D Analyst (Single Use) 10 ArcGIS Desktop Extensions: ArcGIS Data Reviewer (Single Use) 10 ArcGIS Desktop Extensions: ArcGIS Geostatistical Analyst (Single Use) 10 ArcGIS Desktop Extensions: ArcGIS Network Analyst (Single Use) 10 ArcGIS Desktop Extensions: ArcGIS Publisher (Single Use) 10 ArcGIS Desktop Extensions: ArcGIS Spatial Analyst (Single Use) 10 ArcGIS Desktop Mapping and Charting Solutions: Esri Production Mapping for Desktop (Single Use) 10
ArcGIS Data Interoperability Concurrent Use Desktop Extension Rolled-In 1 ArcGIS Image Analyst Concurrent Use Desktop Extension Rolled-In 1 ArcGIS Urban Suite Online Annual Subscription 3
ArcGIS Data Interoperability for ArcGIS Pro (Add-on App) for ArcGIS Online Creator or GIS Professional User Type Annual Subscription 1 Renewal EA Proposal Offer Letter

Page 3 of 5 ends

ArcGIS Image Analyst for ArcGIS Pro (Add-on App) for ArcGIS Online Creator or GIS Professional User Type Annual Subscription 1
ArcGIS Business Analyst Web App Standard Online Annual Subscription 5 ArcGIS Insights in ArcGIS Enterprise 5
ArcGIS Developer Professional Annual Subscription 1
ArcGIS Hub Premium ArcGIS Online Community 1
ArcGIS Hub Premium Additional 1,000 ArcGIS Online Community 5 ArcGIS Velocity Dedicated US Region Annual Subscription 1 ArcGIS Indoors Maps Years 2 & 3 Only 1
ArcGIS Indoors Spaces Year 2 & 3 Only 1
ArcGIS Indoors Positioning System (IPS) Year 3 Only 1
Site Scan for ArcGIS USA Hosted Custom Annual Subscription not to exceed 25,000 Images per year 1
User Type Products Quantity
ArcGIS Enterprise
ArcGIS Enterprise Editor Annual Subscription 20
ArcGIS Enterprise Mobile Worker Annual Subscription 50
ArcGIS Enterprise Creators Annual Subscription 150
ArcGIS Online
ArcGIS Organizational Subscription 1
ArcGIS Online Viewer Annual Subscription 100
ArcGIS Online Mobile Worker Annual Subscription
(250 Credits per User) 100
ArcGIS Online Creator Annual Subscription
(500 Credits per User) 300
ArcGIS Online GIS Professional Standard User Type Annual Subscription (500 Credits per User) 10
ArcGIS Online GIS Professional Advanced User Type Annual Subscription (500 Credits per User) 30
Renewal EA Proposal Offer Letter

Page 4 of 5 ends

The EA also includes the following additional components:

Additional Benefits Quantity
Esri International User Conference Registrations 12
Authorized Tier-Two Standard Support Callers 5
• Advantage Program: One annual subscription to the Advantage Program. This program includes the following components per year for three years:
o Up to 100 Advisor hours
o Annual one-day Planning Meeting
o Technology Webcasts
o 50 Learning and Services credits that can apply towards:
o Business and Technical Consulting: Access to a range of industry, business, and technical domain consultants. Get advice and hands-on help from GIS experts, industry specialists, developers, and designers. o Training: Access to an extensive curriculum of instructor-led training courses as well as client-site training options. A complete list of Esri training facilities and course catalog are available at www.esri.com/training.
o Premium Support Services (PSS): Access to prioritized incident management and all-hours technical support. PSS has been designed to meet the needs of Esri customers who are developing, implementing, or supporting complex, mission-critical GIS applications.
o Esri Managed Cloud Services: Access to a variety of hosting options for the ArcGIS platform that leverages a cloud environment designed to be reliable, cost-effective, and secure.
Unused Learning and Services credits will expire 24 months from their purchase date, or one month after the expiration of the program, whichever is first. Learning and Services credits are a flexible way for your organization to receive focused technical enablement support. These credits are not intended for use on project-specific professional services.

Any project-related activities requiring Esri Project Services support will be scoped, budgeted, and scheduled outside of the Advantage Program. You can find more information about the Advantage Program at www.esri.com/services/eeap. Any activities proposed to be completed under the Advantage Program would be subject to review and approval by Esri to ensure alignment with the intent of the Advantage Program.
At the time of renewal, Esri reserves the right to update Advantage Program (AP) terms to reflect the latest program offering.

Renewal EA Proposal Offer Letter

Page 5 of 5 ends

Additional Orderable Products:

Products listed in the below table are not included in the EA fee. The below additional orderable products can be requested by authorized individuals during the term of the agreement.

Esri Products 2025 2026 2027
Additional 100 Learning and Service Credits *71,800 *75,300 *79,000 Additional 50 Learning and Service Credits *35,900 *37,650 *39,500 Additional 25 Learning and Service Credits *17,950 *18,825 *19,750 *Pricing is subject to change. If additional credits are procured a separate quote will be provided outside the Enterprise Agreement.

This proposal is valid for 30 days. To complete the agreement within this timeframe, I ask that you contact me within the next seven days to work through any questions or concerns you may have.

Esri and the City of Bakersfield have a long and rich history working together. I appreciate the opportunity to present you with this proposal, as I believe it will greatly benefit your organization.

Thank you very much for your consideration.

Best regards,
Elizabeth Wood
Account manager
Quotation # Q-539983
Date: May 13, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 114787 Contract #
City of Bakersfield
IT Dept
1501 Truxtun Ave
Bakersfield, CA 93301-5201
To expedite your order, please attach a copy of ATTENTION: Gregory Pronovost this quotation to your purchase order. PHONE: (661) 326-3439 Quote is valid from: 1/22/2025 To: 7/21/2025 EMAIL: [email protected] Year 1
Material Qty Unit Price Total
180568 1 $15,000.00 $15,000.00
Site Scan for ArcGIS USA Hosted Custom Annual Subscription not to exceed 25,000 Images per year provides large organizations the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. Usage cannot exceed 25,000 images uploaded per year. Site Scan Access users have the ability to download, edit, analyze, and share project data using the Site Scan Manager web interface.

Included with the product are: Access to Site Scan for ArcGIS Flight Planning iOS App; Access to Site Scan for ArcGIS Manager Web App; Data processing and storage in private cloud; Uncapped number of Site Scan Operator, Access and View-only licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base.

Subtotal: $15,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $15,000.00
The following items are optional items listed for your convenience.

These items are not included in the totals of this quotation.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Beth Wood
Email:
[email protected]
Phone:
909-793-2853 ext 2137 x2137
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WOODB This offer is limited to the terms and conditions incorporated and attached herein.

Quotation # Q-539983
Date: May 13, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 114787 Contract #
City of Bakersfield
IT Dept
1501 Truxtun Ave
Bakersfield, CA 93301-5201
To expedite your order, please attach a copy of ATTENTION: Gregory Pronovost this quotation to your purchase order. PHONE: (661) 326-3439 Quote is valid from: 1/22/2025 To: 7/21/2025 EMAIL: [email protected] Year 2
Material Qty Unit Price Total
180568 1 $15,000.00 $15,000.00
Site Scan for ArcGIS USA Hosted Custom Annual Subscription not to exceed 25,000 Images per year provides large organizations the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. Usage cannot exceed 25,000 images uploaded per year. Site Scan Access users have the ability to download, edit, analyze, and share project data using the Site Scan Manager web interface.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

WOODB This offer is limited to the terms and conditions incorporated and attached herein.

Quotation # Q-539983
Date: May 13, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 114787 Contract #
City of Bakersfield
IT Dept
1501 Truxtun Ave
Bakersfield, CA 93301-5201
To expedite your order, please attach a copy of ATTENTION: Gregory Pronovost this quotation to your purchase order. PHONE: (661) 326-3439 Quote is valid from: 1/22/2025 To: 7/21/2025 EMAIL: [email protected] _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).

Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

WOODB This offer is limited to the terms and conditions incorporated and attached herein.

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: May 14, 2025
SUBJECT: Amendment No. 1 to Agreement 2024-123 with Accelerated Environmental Services Inc. (extend term to May 31, 2026) to provide industrial cleaning services for the Westwater Division
RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

Wastewater Treatment Plant No. 2 and Wastewater Treatment Plant No. 3 require routine industrial cleaning services beyond the expertise of City staff. These services include but are not limited to changing out granular media in Sulfatreat vessels; cleaning confined spaces such as dissolved air floatation thickener units, aeration basins, and septage pits; and jetting centrate, sludge, and drain pipelines.

On May 22, 2024 the City entered into Agreement No. 2024-123 with Accelerated Environmental Services Inc. to provide industrial cleaning services for the Wastewater Division.

At this time, staff recommends exercising the option to extend the contract for one additional year through May 31, 2026, in accordance with the original terms of Agreement No. 2024-123. The amendment will provide for continued industrial cleaning services at both wastewater treatment plants. Total compensation will remain the same, but City did receive and accepts an updated rate sheet for 2025.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund for this amendment, therefore, there is no impact to the City General Fund associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement 2024-123(1)

2. Exhibit B

P.O. Box 398 Taft, CA 93268
(661)765-4003 Office • (661)843-1004 Fax
May 12, 2025
City of Bakersfield
To Whom It May Concern:

Accelerated Environmental Services, Inc. would like to thank you for the opportunity to provide this proposal as a qualified contractor for industrial services for the City of Bakersfield. Below please fin the scope of work and estimated prices for public work projects.

SCOPE OF WORK
Accelerated Environmental Services, Inc. shall have qualified staff, equipment, and material to complete Sulfa treat media change out, septage pit cleaning, grease tank and grease receiving equipment cleaning.

Note: The hardness of the media in the sulfa treat vessels will determine the amount of time to clean the vessel. Any additional work outside the proposed work and any delays out of AES, Inc. control will be charged at T&M rates (rates attached to proposal).

Rates for Public Works:

Until June 30, 2025 July 1, 2025
PW Craftsman (Industrial Painter) $ 70.00 $ 75.00
PW Tier II Rescue Technician $ 78.00 $ 83.00
PW Heavy Equipment – Vac, Crane $102.00 $107.00
PW Certified Confined Space Entry $ 78.00 $ 83.00
PW Labor Group 1 $ 78.00 $ 83.00
PW Labor Group 2 $ 72.00 $ 77.00
PW Forklift Driver $ 99.00 $104.00
These are the ST rates, OT and DT rates will be billed accordingly.

We want to thank you for your consideration and look forward to talking with you soon. Please do not hesitate to contact me with any questions or if I can be of further assistance.

Cordially,
Savonna Wilke
Labor S/T O/T D/T
Project Site Manager $80.00 $120.00 $160.00
General Foreman $65.00 $97.50 $130.00
Working Foreman $55.00 $82.50 $110.00
Safety Manager $55.00 $82.50 $110.00
Craftsman (CM) $45.00 $67.50 $90.00
Technician $40.00 $60.00 $80.00
Compliance Technician $65.00 $97.50 $130.00
Tier II Rescue Technician $60.00 $90.00 $120.00
Equipment Operator $55.00 $82.50 $110.00
Certified Crane Operator $55.00 $82.50 $110.00
Certified ASME Welder $55.00 $82.50 $110.00
Equipment Operator Haz Waste Hauling $65.00 $97.50 $130.00 Labor Tank Division
Tank Project Site Manager $80.00 $120.00 $160.00
Tank General Foreman $65.00 $97.50 $130.00
Tank Working Foreman $55.00 $82.50 $110.00
Tank Safety Manager $55.00 $82.50 $110.00
Tank Specialist/CM/Tech $45.00 $67.50 $90.00
Sand Pot with Trailer, Hoses, Nozzles $450.00 - -
LDAR - Leak Detection & Repair Services $115.00 $172.50 $230.00 L-Project Manager $85.00 $127.50 $170.00
Leak Detection & Repair -Includes: WF, Truck, &
TVA $85.00 $127.50 $170.00
Hi Flow Sampler Technician $74.00 $111.00 $148.00
Tagging & Inventory Tech $130.00 $195.00 $260.00
Field Technician w/IR Camera $65.00 $97.50 $130.00
Computer Technician $65.00 $97.50 $130.00
Gaskets Cost Plus 10%
NOTE: All materials and outside services will be billed at cost plus 10% Call outs are billed 4 hour minimum at OT rates
Travel rates are charged from portal to portal
All out of town expenses are paid in per diem according to the GSA plus room cost Fuel Charges will apply portal to portal, See Surcharge below Over the road/Hauling off sight fuel rates Mile $ 0.90
Response trailer, day rate + material used Day $ 555.00 Tier II Rescue Equipment Pack Day $ 555.00
Fresh Air Trailer w/Cylinders Day $ 220.00
City of Bakersfield
2025
Air Refills on Fresh Air Trailer Each $ 25.00
Respiratory Protection
Respiratory Cartridges Cost Plus 10%
Monitoring Equipment
H2S/4-way/LEL Day $ 36.00
Eagle Dragger Gas Meter Day $ 60.00
Personal Monitors Day $ 4.00
Hydro Blasting Equipment
Hydro Blaster/15,000 psi/11-21 gpm Hour $ 175.00
Hydro Blaster/20,000 psi/10 gpm Hour $ 235.00
Hydro Blaster/36,000 psi/8 gpm Quote per Day
Hydro Blaster/40,000 psi Quote per Day
Interior Cleaning Equipment
Flex Snake 3-way Valve Hand Lance Hour $ 13.50
ID. Auto Tube Lance (2 Lances) Hour $ 27.00
Equipment
Guzzler Truck Hour $ 115.00
Liquid Ring Guzzler Hour $ 150.00
Vacuum Truck (120) Hour $ 35.00
Vacuum Truck (70) Hour $ 35.00
Vacuum Truck (Haz Material) Hour $ 50.00
Roper Pump Hour $ 25.00
Wench Truck Hour $ 55.00
Water Charge Per Load $ 35.00
Roll Off Truck Hour $ 55.00
Pipe and Hose
6" Cana Flex Hose (Hot Materials) Day $ 30.00
6" Hard Pipe (10ft Joints) Each $ 10.75
6" HDPE (Plastic Flex Hose) Per Foot $ 3.00
4" HDPE (Plastic Flex Hose) Per Foot $ 2.00
Supplemental Equipment
Light Plant Day Cost Plus 10%
Explosion Proof Light Day $ 125.00
Exhaust Fan Day $ 58.00
5K Generator Day $ 100.00
Rivet Buster Day $ 70.00
Air Jig Saw (Plus Blades) Day $ 40.00
Whitney Punch Day $ 40.00
Vacuum Box (Seam Tester) Day $ 65.00
Steam Cleaner Day $ 240.00
500 Gallon Water Truck Day Cost Plus 10%
2000 Gallon Water Truck Per Hour $ 40.00
4000 Gallon Water Truck Per Hour $ 55.00
Pipe Dolly Day $ 55.00
Forklift Day Cost Plus 10%
Welding Truck w/Tools Per Hour $ 22.00
Certified Man Basket Day $ 100.00
1 Ton Crew Truck w/Tools Per Hour $ 20.00
1/2 Ton Pick Up Per Hour $ 18.00
15 Ton (Deregulated) Hydro Crane Per Hour $ 45.00
17 Ton Hydro Crane Per Hour $ 65.00
Scaffolding 5 x 5 tier Each/Per Day $ 100.00
185 - 200 CFM Air Compressor Day $ 225.00
85 CFM Air Compressor Day $ 100.00
400 CFM Air Compressor Day $ 350.00
Tyveks Each $ 13.00
Rubber Gloves Each $ 8.00
FR Apparel Each $ 7.00
Roll off Bins
20 Yard Each/Per Day $ 20.00
40 yard Each/Per Day $ 20.00
25 Yard Vac Bin Quote $ -
500 bbl./21k gal Frac Each/Per Day $ 27.50
20' box van Per Hour $ 90.00
California Gasoline and Diesel Retail Prices
Least Less than Rate
$0.01 $3.50 0.00%
$3.50 $4.50 10.00%
$4.50 $5.50 15.00%
$5.50 $6.50 20.00%
$6.50 $7.50 25.00%
$7.50 $8.50 30.00%
Contact Information:

John Neumann - President 661-577-6837
Art Patterson - Vice President 661-979-2089
Travis Neumann - Project Mgr. 661-623-2212
Bill Cox - Project Manager 661-699-3788
Brad Gounder - Vac services 661-768-8691
Savonna Wilke - Business Manager 661-342-2743
ADDRESS:

PO Box 398
Taft, CA 93268
661-765-4003 Office
Contractors License: 890769
Aes, Inc. requests all efforts to keep this rate sheet confidential Fuel Surcharge

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: May 20, 2025
SUBJECT: Amendment No.2 to Agreement 2024-004 with Garden Pathways (increase compensation $175,000, revised not to exceed $325,000; and extend term to December 31, 2025) for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

On January 10, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-004 for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence. On November 20, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-004(1) to increase the total compensation by One Hundred Thousand Dollars ($100,000) for a total compensation amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000) and extend the term to June 30, 2025.

Garden Pathways has worked in a concerted effort with City, the Bakersfield Police Department, and other community partners to: 1) Actively assist and support the direct, respectful communication of an evidence-based "risk and opportunity" message; 2) Participate in and actively support an intensive partnership-based management cycle; 3) Provide program clients with intensive case management; 4) Assist in mediating situations and preventing retaliation between individuals and groups.

The City of Bakersfield’s newly established Office of Violence Intervention and Prevention (OVIP) wishes to again amend Agreement No. 2024-004 to increase the total compensation by One Hundred SeventyFive Thousand Dollars ($175,000) for a total compensation amount not to exceed Three Hundred TwentyFive Thousand Dollars ($325,000) and extend the term to December 31, 2025.

FISCAL IMPACT:

Funding for this Amendment is budgeted in Fiscal Year 2024-25 and is also augmented by state funding used from the CALVIP state program along with PSVS funding. No additional funding from the General Funds will be used for these services.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Amendment No. 2 to Agreement No. 2024-004

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 1 of 7 Pages --
AGREEMENT NO. 2024-004(2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 2024-004
This AMENDMENT NO. 2 TO AGREEMENT NO. 2024-004 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and GARDEN PATHWAYS, a non-profit organization, authorized to do business in California (referred to herein as “CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.

R E C I T A L S
WHEREAS, on January 10, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-004 for intervention, prevention, and mentoring services to educate, motivate, and rehabilitate high-risk individuals of gun violence; and WHEREAS, on November 20, 2024, CITY and CONTRACTOR entered into Agreement No. 2024-004(1) to increase the total compensation by One Hundred Thousand Dollars ($100,000) for a total compensation amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000) and extend the term to June 30, 2025; and
WHEREAS, the Parties desire to again amend Agreement No. 2024-004 to increase the total compensation by One Hundred Seventy-Five Thousand Dollars ($175,000) for a total compensation amount not to exceed Three Hundred Twenty-Five Thousand Dollars ($325,000); and
WHEREAS, CITY and CONTRACTOR have agreed to modify the scope of work and extend the term to December 31, 2025; and
WHEREAS, in February of 2025, CITY established the Office of Violence Intervention and Prevention (“OVIP”) to formalize the California Violence Intervention and Prevention (“CALVIP”) program efforts, requiring CALVIP to be changed to OVIP.

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

1. Section 1 of Agreement No. 2024-004 entitled “SCOPE OF WORK” is hereby amended to read as follows:

Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 2 of 7 Pages --

1. SCOPE OF WORK. In exchange for the compensation (defined below), CONTRACTOR shall perform the following (“Scope of Work”) under the direction of CITY’s OVIP management and technical assistance teams:

1.1 Develop and implement a supportive pathway that: (1) begins with an intensive focus on safety and relationship building; (2) evolves into a blend of life coaching and intensive case management; (3) transitions to participation in a cognitivebehavioral theory-based (CBT) life skills curriculum that draws on a structured community of support; and (4) provides
ongoing support and opportunities such as volunteer activities, recreational and cultural events.

1.2 Actively assist and support the direct respectful
communication of an evidence-based "risk and opportunity" message, including: (1) messaging consistent with the
principles of procedural justice, that is, to be respectful, to give voice, be based on data and not on bias, and to reflect the CITY's commitment to participants' well-being; (2) ensuring an inviting seamless transition to services and doing so in a way that is consistent with evidence-based research on "credible messengers" (specially trained adults with relevant life experiences who share their background).

1.3 Build strong client relationships through consistent and frequent high-quality contacts and activities:

1.3.1 Maintain small caseloads to enable staff to provide intensive, high-quality services.

1.3.2 Paragraph has been repealed.

1.3.3 Attend and participate in the following mandatory meetings to ensure quality casework:

1.3.3.1 Two (2) in-person monthly case review meetings
coordinated by the OVIP outreach supervisor,
that provide life coaches with the assistance and
supervision needed to maintain quality case work
including factors such as the frequency and
intensity of support, caseload risk-profile, and
reduction of violence-related risk factors.

Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 3 of 7 Pages --

1.3.3.2 One (1) weekly focused case management
meeting that blends problem-solving, group
learning, and training in skills essential to
intervention and life coaching. Both meetings
are rooted in cognitive behavioral theory as it is
incorporated into the life skills curriculum and is
to be supplemented by a performance
management dashboard that maps where
clients are in terms of housing, financial,
employment and family life progress.

1.3.3.3 One (1) gun violence reduction safety weekly
coordination meeting to actively support an
intensive partnership-based management cycle
that: (a) reviews every serious shooting to quickly
identify people at highest risk of violence; (b)
generates an action plan specifically tailored to
reduce the risk to them and the community; (c)
successfully engages them in services; and (d)
monitors follow-through for quality and
timeliness.

If CONTRACTOR will be absent from any of the above
mandatory meeting(s), CITY shall be notified at least two (2) hours before that meeting.

1.3.4 CONTRACTOR will make at least three (3) contact
attempts weekly for all referred individuals and active participants on their caseload. Contact attempts will
consist of a minimum of one (1) text message, one (1)
phone call, and one (1) in-person interaction. All newly referred referrals must be contacted within seventy-two (72) hours of assignment.

1.4 Fully participate in and actively support the evidence-based core life skills curriculum. Life coaching and case management will be supplemented by a life skills curriculum that focuses on:
(1) making informed and constructive decisions related to: (i) the risk of violence and incarceration; and (ii) longer-term goals such as education and employment; (2) developing a new sense of identity and purpose compatible with the young men's roles as valued community members; (3) understanding and overcoming trauma and pain; and (4) financial literacy as a foundation for self-sufficiency and personal efficacy.

Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 4 of 7 Pages --

1.5 Paragraph has been repealed.

1.6 Provide program clients with intensive case management, including daily client contact and coaching as well as support and linkages to programs and opportunities in the community (e.g., job programs, health and social services, GED, drug treatment, and mentoring).

1.7 Assist in mediating situations and preventing retaliation between individuals and groups (e.g., working with community outreach programs and local law enforcement) as follows:

1.7.1 Conduct at least fifteen (15) safety meetings. Safety meetings are small meetings including 1-3 members of
the ceasefire partnership – typically a police leader, a community leader and/or a “credible messenger” – and
an individual at imminent risk of violence. CONTRACTOR
will follow the safety meetings process outlined by CITY.

1.7.2 Conduct at least five (5) call-ins focused on influencing individual behavior when they reflect the principles of procedural justice. CONTRACTOR will follow the call-ins outlined by CITY.

1.8 Paragraph has been repealed.

1.9 Provide timely, comprehensive, detailed program reporting and documentation as directed by CITY, including but not limited to data required by CITY to maintain its’ program performance metrics, track key program activity, outcome indicators and support program management and supervision through case reviews, coordination meetings, and “group strategy” process.

1.9.1 Document all work, including shootings and other acts of violence prevented, case notes, referrals, and
changes in participants’ status as directed by CITY.

Document case management efforts, update
individual case files, and make all required entries into CITY’s case management database.

1.9.2 Effectively document all program-related activities, including but not limited to contacts, outreach events, Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 5 of 7 Pages --
etc., within forty-eight (48) hours of the completion of that activity in CITY’s dedicated OVIP case
management system.

1.10 Build a strong resource network within the community to utilize resources to impact client lives as it relates to the outcomes of the program.

1.11 Provide timely, comprehensive, and detailed financial reporting and documentation as required by CITY’s policies and procedures which include:

1.11.1 Fiscal and related expense reporting and
documentation requirements as required by CITY for:
(a) auditing purposes; and (b) for program
management, particularly as it applies to selfsufficiency as it relates to all costs related to program.

1.11.2 Detailed incentive tracking, mileage reporting, and other receipts must be included with invoices.

Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 2 of Agreement No. 2024-004 entitled “COMPENSATION/ PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"):
(1) A total, lump sum payment of SIXTY-NINE THOUSAND FIVE HUNDRED SEVENTY-TWO DOLLARS ($69,572) for program
management and data collection after the execution of this Agreement.
(2) TWO HUNDRED FIFTY-FIVE THOUSAND FOUR HUNDRED TWENTYEIGHT DOLLARS ($255,428) will be paid on a reimbursement basis after the Scope of Work is completed to CITY’s satisfaction.

CONTRACTOR shall ensure CITY’s approval of any client-focused services and incentives before expenses are made. CITY is not liable Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 6 of 7 Pages --
for any expenses made for client-focused services and incentives that were not approved by CITY.

CITY will pay CONTRACTOR within thirty (30) days after
CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY.

The compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($325,000) for performing the Scope of Work.

3. Section 3 of Agreement No. 2024-004 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, 2025.

4. OVIP shall replace CALVIP in all areas mentioned within Agreement No. 2024-004.

5. Except as amended herein, all provisions of Agreement No. 2024-004 shall remain in full force and effect.
-- o0o --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2024-004 to be executed the day and year first above written.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD GARDEN PATHWAYS
By:____________________________ By:________________________________

MANPREET KAUR JUAN AVILA
Vice Mayor COO
(Additional Signatures on following page)
Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0

AMENDMENT TO AGREEMENT
Updated – August 15, 2022
-- Page 7 of 7 Pages --
APPROVED AS TO CONTENT:

CITY MANAGER’S OFFICE
By: ____________________________

CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: ____________________________

VIRGINIA GENNARO
City Attorney
Insurance: _________
COUNTERSIGNED:

By: ____________________________

RANDY MCKEEGAN
Finance Director
VG/blf
S:\Manager\Agrs\24-25\Amendment 2 To Agreement 2024-004 GP 6.2025 (Draft2).docx Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
3/17/2025
License # 0D44424
(661) 316-5160
18058
GARDEN PATHWAYS, Inc.
1616 29th Street
Bakersfield, CA 93301
A 1,000,000
X X PHPK2652221 3/16/2025 3/16/2026 100,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
PHPK2652221 3/16/2025 3/16/2026
A 2,000,000
PHUB899537 3/16/2025 3/16/2026 2,000,000
10,000
A Professional Liabili PHPK2652221 3/16/2025 Each Act 1,000,000 A ProfessionaLiability PHPK2652221 3/16/2025 3/16/2026 Aggregate 2,000,000 Child Care Accident Insurance: Medical Expense Limit $25,000 Child Care Accident Insurance: Medical Expense Limit $25,000 City of Bakersfield, its Mayor, Council, Officers, Agents, Employees and Volunteers are an Additional Insured with respect to general liability if required or agreed to in a written contract subject to all provisions and limitations of the policy. General liability is primary and non-contributory. A Waiver of Subrogation in favor of same applies to the general liability if required or agreed to in a written contract subject to all provisions and limitations of the policy.

City of Bakersfield
Office of Risk Management
1600 Truxtun Ave
Bakersfield, CA 93301
GARDPAT01C RPATRICK

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Robyn Patrick, CISR
[email protected]
Philadelphia Indemnity Insurance Company
3/16/2026
X
X
X
X
X X
X
X
X
Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED ñ DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

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

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

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III ñ Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Blanket per written contract
1 4
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3/16/2025
Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

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

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV ñ Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

Per written contract
PHPK2652221
Docusign Envelope ID: C3F0ED0E-561C-4BAD-A539-699431FC24D0 Certificate Of Completion
Envelope Id: C3F0ED0E-561C-4BAD-A539-699431FC24D0 Status: Completed Subject: Complete with Docusign: Amendment 2 To Agreement 2024-004 GP 6.2025 Final.pdf Source Envelope:

Document Pages: 11 Signatures: 1 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: 10.103.81.73
Record Tracking
Status: Original
5/5/2025 12:51:21 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: Docusign Signer Events Signature Timestamp
Juan Avila
[email protected]
COO
Garden Pathways
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 144.129.53.154
Sent: 5/5/2025 12:56:23 PM
Viewed: 5/5/2025 1:46:29 PM
Signed: 5/5/2025 1:49:21 PM
Electronic Record and Signature Disclosure:

Accepted: 12/18/2023 12:36:15 PM
ID: 0b7b2923-1df4-45b9-8f48-0c2cbdb600bf
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 5/5/2025 12:56:23 PM
Envelope Updated Security Checked 5/20/2025 8:35:07 AM
Envelope Updated Security Checked 5/20/2025 8:35:07 AM
Envelope Updated Security Checked 5/20/2025 9:26:17 AM
Envelope Updated Security Checked 5/20/2025 9:26:17 AM
Certified Delivered Security Checked 5/5/2025 1:46:29 PM Signing Complete Security Checked 5/5/2025 1:49:21 PM
Completed Security Checked 5/20/2025 9:26:17 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Juan Avila
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: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 15, 2025
SUBJECT: Amendment No. 3 to Agreement No. 2023-042(B)
with Clarity Cloud, Inc (increase compensation $50,000, revised not to exceed $2,690,000) for the addition of the Guide software module to the existing Clariti permitting system environment
RECOMMENDATION:

Staff recommends that Council approve the amendment
BACKGROUND:

In September 2024, various Departments including Public Works, Building, Planning, Code Enforcement and the Fire Department went live with the Clariti permitting software system. The system replaced the Community Development module within the Naviline ERP software system, and provides Building, Public Works and Fire Prevention permits, Planning applications, and manages Code Enforcement complaints at present. In 2024, Clariti Software purchased Camino Guide, a product which works in conjunction with the Clariti permitting software to assist customers in gathering information on necessary documents to complete applications and inspections for permits.

Existing municipal customers have noted that the integration of the product with existing permitting systems decreased the number of customers calls for assistance with permits dramatically within the first year of use. Staff believe that the integration of the Camino Guide will create further system efficiency by reducing the number of customer calls received for clarifications on requirements for permitting and planning applications.

FISCAL IMPACT:

The one-year subscription to the Camino Guide product will be $50,000. There is currently sufficient funding with the department budget to cover the cost of these services.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Amendment

2. Attachment 3: SaaS Quote Guide
-- Page 1 of 3 Pages --
AGREEMENT NO. __________________
AMENDMENT NO. [3] TO
AGREEMENT NO. 2023-042(B)
This AMENDMENT NO. 3 TO AGREEMENT NO. 2023-042(B) is made and entered into on ______________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and CLARITI CLOUD, INC a Canadian Corporation authorized to do business in California (referred to herein as “CLARITI”).

R E C I T A L S
WHEREAS, on February 8, 2023, the CITY and CLARITI entered into an agreement for software services in the amount not to exceed One Million Seven Hundred Fifty-Three Thousand Five Hundred and Eighty-Five Dollars ($1,753,585) that was a sub-agreement between the CITY and Speridian Technologies, LLC and referenced as Exhibit B in Agreement No. 2023-042; and WHEREAS, the CITY has provided Agreement No. 2023-042(B) as the Agreement number to the sub agreement between CITY and CLARITI; and WHEREAS, on September 27, 2023, the CITY and CLARITI agreed to implement change orders including associated costs to provide 93 added user licenses with associated sandbox environment and standard CLARITI software support and increase the compensation under the agreement in an amount not to exceed Seven Hundred Eighty-Seven Thousand Three Hundred and NinetyEight Dollars ($787,398) for a total not to exceed the amount of Two Million Five Hundred Forty Thousand Nine Hundred and Eighty-Three dollars ($2,540,983); and WHEREAS, on November 6, 2024 the CITY and CLARITI agreed to implement change orders and associated costs to provide an additional 10 gigabytes of data storage and 10 additional user licenses and increase the compensation under the agreement in an amount not to exceed Ninety-Eight Thousand Eight Hundred and Fifty-Three Dollars ($98,853) for a total not to exceed the amount Two Million Six Hundred Thirty-Nine Thousand Eight Hundred and Thirty-Six Dollars ($2,639,836).

WHEREAS, the CITY and CLARITI now desire to amend Agreement No. 2023- 042(B) a third time to implement change orders and increase compensation by Fifty Thousand Dollars ($50,000) for a total not to exceed the amount Two Million Six Hundred Ninety Thousand dollars ($2,690,000), associated with CLARITI’s new integrated module software known as “Guide Software-as-a-Service” which will Docusign Envelope ID: B51EF75B-4D09-4AF3-A404-D57509A23F1F -- Page 2 of 3 Pages --
increase CITY staff efficiency and assist the public in processing permits for various CITY divisions including the Public Works Department, Planning, Building and Fire Prevention.

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

1. CITY and CLARITI agree to the terms of Attachment 3: Software as a Service (SaaS) quote for Guide in an amount not to exceed FIFTY THOUSAND DOLLARS ($50,000)

2. Except as amended herein, all provisions of Agreement No. 2023- 042(B) shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2023-042(B) to be executed the day and year first above written.
“CITY” “CLARITI”

CITY OF BAKERSFIELD CLARITI CLOUD, INC
By:____________________________ By:_________________________________

KAREN GOH
Mayor James MacLaggan
Executive VP, Clariti
APPROVED AS TO CONTENT:

By:____________________________

TERA LOVELESS-ORTIZ
Assistant Finance Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRGINIA GENNARO
City Attorney
Docusign Envelope ID: B51EF75B-4D09-4AF3-A404-D57509A23F1F -- Page 3 of 3 Pages --
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Attachment: Attachment 3: Software as a Service Quote for Guide Docusign Envelope ID: B51EF75B-4D09-4AF3-A404-D57509A23F1F Attachment 3: Software as a Service Quote or Guide

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: May 16, 2025
SUBJECT: Amendment 3 to Agreement No. 2022-099 with BDM Inc. to Furnish and Install A/C units for the Police Property Room.

Amendment 3 to Agreement No. 2022-099 with BDM, Inc. (extend the term to December 31, 2025) to allow additional time to complete the AC installation for the Bakersfield Police Department Property Room.

RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

In May 2022, the City advertised an Invitation to Bid to furnish and install Air Conditioning (AC) units at the Bakersfield Police Department Property Room. The property room is a pre-engineered metal building that currently is without air conditioning. The property room can reach up to 110 degrees during the Bakersfield summer months, this project will provide five (5) AC units and modification of duct and electrical work to adequately maintain climate control for all staff at this facility.

On June 1, 2022, the city entered into Agreement No. 2022-099 with BDM, Inc. with a term date of June 1, 2023, and a total compensation of $125,785 for installation of five (5) AC units.

On May 24, 2023, the CITY amended the original Agreement No. 2022-099 and entered into Agreement No. 2022-099 (1) with BDM, Inc. with a new term date of June 1, 2024, and a total compensation of $215,785 for the installation of five (5) AC units for the Bakersifeld Police Departments Property Room.

On April 10, 2024, the City entered into Amendment (2) to Agreement No. 2022-099 to extend the term date to June 1, 2025, to allow additional time to complete the AC installation for the Bakersfield Police Department (BPD) Property Room.

The BPD is now requesting to extend the term date to December 31, 2025, to allow for more time for the completion of this project.

FISCAL IMPACT:

Funds are budgeted in the Fiscal Year 2024-25 budgeted and are within the Capital Outlay Fund for this project, no additional General Fund are needed at this time.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Amendment 3 to Agreement No. 2022-099
Amendment 3 to Agreement No. 2022-099 with BDM INC
Updated – May 16, 2025 Page 1 of 2 Pages --
AGREEMENT NO. 2022-099 (3)
AMENDMENT NO. (3) TO
AGREEMENT NO. 2022-099
This AMENDMENT NO. (3) TO AGREEMENT NO. 2022-099 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and BDM INC., a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on June 1, 2022, CITY and CONTRACTOR entered into Agreement No. 2022-099 in the amount of one hundred twenty-five thousand seven hundred eighty-five dollars ($125,785) with a termination date of June 1, 2023, for CONTRACTOR to furnish and install five (5) A/C units at the Police Property Room located at 3425 Truxtun Avenue, Bakersfield, CA; and WHEREAS, on May 24, 2023, Council approved Amendment No. 1 to Agreement No. 2022-099 to increase compensation by ninety thousand dollars ($90,000), for a new total not to exceed amount of two hundred fifteen thousand seven hundred eighty-five dollars ($215,785) and extended the term to June 1, 2024, to cover the additional electrical costs associated with the project; and
WHEREAS, on April 10, 2024, Council approved Amendment 2 to Agreement No. 2022-099 to extend the term of the Agreement to June 1, 2025, to allow for additional time to complete the “Scope of Work”; and WHEREAS, due to continued electrical issues CONTRACTOR needs additional time to complete the Scope of Work; and
WHEREAS, City and Contractor are now requesting to extend the term of the agreement to December 31, 2025, to complete the installation of the five (5) A/C units at the Police Property Room.

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

1. Section 3 of Agreement No. 2022-099 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, 2025.

Docusign Envelope ID: 1750F600-BE1C-42F7-833B-316686DEB6B4 Amendment 3 to Agreement No. 2022-099 with BDM INC
Updated – May 16, 2025 Page 2 of 2 Pages --

2. Except as amended herein, all provisions of Agreement No. 2022- 099 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2022-099 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD BDM INC.

By:____________________________ By:_________________________________

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

BAKERSFIELD POLICE DEPARTMENT
By:____________________________

GREG TERRY
Chief of Police
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:____________________________

ASHLEY ZAMBRANO
Deputy City Attorney II
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 1750F600-BE1C-42F7-833B-316686DEB6B4 Lyle Bolte
CEO

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: May 16, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2022-088 with EMTS Inc. DBA Elite Maintenance and Tree Service
($623,000.00; not to exceed $2,635,638.79 and extend term for one year), for continued maintenance at designated public landscape areas. (Ward 4) RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On May 18, 2022, Council approved Agreement No. 2022-088 with EMTS Inc. DBA Elite Maintenance and Tree Service (Contractor) whereas Contractor will provide maintenance at designated public landscape areas in the form of streetscape and median landscape maintenance. The initial agreement was for a 3- year period in the amount of $2,012,638.79. The initial three-year period is coming to an end.

The City and Contractor have agreed to continue the streetscape and median maintenance by one year through May 18, 2026 and increase compensation by $623,000.00, to a new not to exceed amount of $2,635,638.79.

FISCAL IMPACT: Recreation and Parks Department’s operating budget within the General Fund has sufficient funds to allow for the continuance of the maintenance agreement. No additional appropriations are required.

COUNCIL GOAL:

Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:

Amendment No. 1 to Agreement No. 2022-088
____________________________________________________

AMENDMENT TO AGREEMENT
S:\ADMINISTRATION DIVISION\Agreements\2025\Elite Maintenance & Tree\EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088.doc
- January 16, 2024_rmistry
-- Page 1 of 3 Pages --
AGREEMENT NO.

AMENDMENT NO. ONE [1] TO
AGREEMENT NO. 2022-088
THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 2022-088 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “CITY”), and EMTS INC. DBA ELITE MAINTENANCE & TREE SERVICE, a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on May 18, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-088, wherein CONTRACTOR would provide maintenance at designated public landscape areas in the form of streetscape and median landscape maintenance for $2,012,638.79 for an initial 3-year period; and WHEREAS, the initial three-year period will end on May 18, 2025; and WHEREAS, CITY and CONTRACTOR have agreed to extend the streetscape and median maintenance by one year and increase compensation by $623,000.00, to a new not to exceed amount of $2,635,638.79.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 2022-088 as follows:

1. Section 2 of Agreement No. 2022-088 entitled “COMPENSATION” is hereby amended to read as follows:

2. COMPENSATION. Compensation for all work, services
or products called for under this Agreement shall consist of an increase of $623,000.00 for a new total NOT TO EXCEED $2,635,638.79. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.

2. Section 12 of Agreement No. 2022-088 entitled “TERM” is hereby amended to read as follows:

Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F ____________________________________________________

12. TERM. Unless terminated sooner, as set forth herein, this agreement shall terminate on May 18, 2026 and shall be
renewable annually thereafter for one (1) consecutive oneyear period. Renewable option shall be exercised at the sole discretion of the CITY. If either the CITY or CONTRACTOR elects not to extend the service contract, or upon expiration of the initial service contract or any renewal period, the CONTRACTOR shall aid the CITY in continuing, without
interruption, the requirements of the contract, by continuing to perform on a temporary basis, when specifically
requested to do so by the Parks Superintendent in writing, for specified term not to exceed six (6) months. Such
continuance shall be subject to all terms and conditions of the contract, as if the CITY exercised a renewal option.

3. Except as amended herein, all other provisions of Agreement No. 2022- 088 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.

One [1] to Agreement No. 2022-088 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD EMTS, INC. DBA ELITE MAINTENANCE & Tree Service
By:____________________________ By:_____________________________

KAREN GOH
Mayor Title:

APPROVED AS TO CONTENT:

RECREATION & PARKS DEPARTMENT
By:____________________________

RICK ANTHONY
Assistant City Manager
[Signatures Continue on Following Page]
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Darin Sherlock
Secretary
____________________________________________________

VIRGINIA GENNARO
City Attorney
By:____________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Insurance Approved by
Risk Management: _____________________
COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/21/2025
Edgewood Partners Ins. Center
1390 Willow Pass Road, Suite 800
Lic#0B29370
Concord CA 94520
Kayla Fritzberg [email protected] National Casualty Company 11991 ELITTEAM National Fire Insurance Co of Hartford 20478 EMTS, Inc.
2972 Larkin Ave
Clovis CA 93612
Valley Forge Insurance Company 20508 Travelers Property Casualty Co of Amer 25674 Admiral Insurance Company 24856 2083323604 B X 1,000,000 X 1,000,000 X 50,000 15,000 1,000,000 3,000,000 X Y Y 7034346627 11/15/2024 11/15/2025
3,000,000
C
1,000,000 X
Y Y 7034346630 11/15/2024 11/15/2025
D
E
X 2,000,000 X
Y EXA366303024NF
UX00000129601
11/15/2024
11/15/2024
Y 11/15/2025
11/15/2025
10,000,000 X
0 2nd Layer Occurrence 8,000,000
A Y WCC334010A 1/1/2025 1/1/2026
X
1,000,000 1,000,000 1,000,000
Re: All Contracts/Written Agreements between the Certificate Holder and the Insured. Additional Insured : City of Bakersfield, its Mayor, Council, Officers, Agents, Employees And Volunteers. When required by written contract, Additional Insured status with primary coverage applies to General Liability and Automobile Liability and Waiver of Subrogation applies to General Liability, Automobile Liability, and Workers’ Compensation, all per the attached endorsements. 30 Day notice of cancellation, except 10 day notice for non-payment of premium applies per policy provisions to General Liability and Workers’ Compensation. Applies where required by written contract City of Bakersfield 1600 Truxtun Ave.

Bakersfield, CA 93301

THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Elite Team Offices, Inc
Named Insured Schedule
11/15/2024-11/15/2025
- Elite Team Offices, Inc.
- Elite Landscape Construction Inc.
- EMTS, Inc.
- EMTS, Inc. dba Greenscapes
- EMTS, Inc. dba Paysage Landscape
- EMTS, Inc. dba Elite Maintenance & Tree Service
- Elite Private Landscape, Inc.
- Elite Private Landscape, Inc.dba Sunrise Landscape Services - Stockbridge General Contracting, Inc.
- Steven Seibert
- Stock Five Holdings
- Grassmasters
- SE Phillip & Holland
- Lokes, Inc.
- 369 Equipment, Inc.
- Lokes Heavy Equipment Rental, Inc.
- Lokes Water Trucks, Inc.

Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CCNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance

3. Bodily Injury – Expanded Definition

4. Broad Knowledge of Occurrence/ Notice of Occurrence

5. Broad Named Insured

6. Broadened Liability Coverage For Damage To Your Product And Your Work

7. Contractual Liability - Railroads

8. Electronic Data Liability

9. Estates, Legal Representatives and Spouses

10. Expected Or Intended Injury – Exception for Reasonable Force

11. General Aggregate Limits of Insurance – Per Project

12. In Rem Actions

13. Incidental Health Care Malpractice Coverage

14. Joint Ventures/Partnership/Limited Liability Companies

15. Legal Liability – Damage To Premises / Alienated Premises / Property In The Named Insured’s Care, Custody or Control

16. Liquor Liability

17. Medical Payments

18. Non-owned Aircraft Coverage

19. Non-owned Watercraft

20. Personal And Advertising Injury – Discrimination or Humiliation

21. Personal And Advertising Injury - Contractual Liability

22. Property Damage - Elevators

23. Supplementary Payments

24. Unintentional Failure To Disclose Hazards

25. Waiver of Subrogation – Blanket

26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

H. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.

6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following:

This insurance does not apply to:
k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.

I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard.

This exclusion does not apply:
(1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured’s behalf by a subcontractor; or
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.

B. The following paragraph is added to LIMITS OF INSURANCE:

Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured’s behalf by a subcontractor.

C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy.

7. CONTRACTUAL LIABILITY – RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:

Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured’s business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.

8. ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:

This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of:
(1) any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property.

However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury.

This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above.

B. The following paragraph is added to LIMITS OF INSURANCE:

Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data.

C. The following definition is added to DEFINITIONS:

Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following:

Property damage means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it.

For the purposes of this insurance, electronic data is not tangible property.

E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit.

9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.

10. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:

1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and

2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project.

B. All:

1. Damages under Coverage B, regardless of the number of locations or construction projects involved;

2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and

3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.

C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.

D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.

E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions:

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iii. amend the definition of Insured to:
a. add the following:
• the Named Insured’s employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS.

Please see that provision for the definition of consolidated (wrap-up) insurance program.

15. LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED’S CARE, CUSTODY OR CONTROL
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:

This insurance does not apply to:
j. Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured’s behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

Paragraph (2) of this exclusion does not apply if the premises are your work.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard.

Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured’s care, custody or control while being used in the Named Insured’s operations away from any Named Insured’s premises.

However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property’s installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.

A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.

C. The following paragraph is added to LIMITS OF INSURANCE:

Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured’s care, custody or control, while being used in the Named Insured’s operations away from any Named Insured’s premises. The Insurer’s obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.

D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.

E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control;

16. LIQUOR LIABILITY
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.

This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $<insert ($) amount>; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

20. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.

This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability.

B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

22. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.

If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:

A. The following wording is added to the above-referenced endorsement:

With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:

1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured’s ongoing operations at the project, or during such operations of anyone acting on the Named Insured’s behalf; nor

2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures.

B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):

This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured’s involvement in that consolidated (wrap-up) insurance program.

C. DEFINITIONS is amended to add the following definitions:

Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).

Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:

1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and

2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).

However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.

This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)

Page 1 of 2 ends

Policy No: 7034346627
Effective Date: 11/15/2024
Insured Name:

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

Primary and Noncontributory Insurance
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)

Page 2 of 2 ends

Policy No: 7034346627
Effective Date: 11/15/2024
Insured Name:

With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.

However, if the written contract requires this insurance to be primary and non-contributory, this paragraph

3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 1 of 3
(Ed. 4/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:

1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage.

2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.

The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
(1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or
(2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage.

3. Any person or organization that you are required by a written contract to name as an additional insured is an “insured” but only with respect to their legal liability for acts or omissions of a person, who qualifies as an “insured” under Section II – Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.

4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
“Policy”, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:

1. Which are no longer in force; or

2. Whose limits have been exhausted.

B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:

1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and

2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.

C. Fellow Employee
Section II, Paragraph B.5 does not apply.

Such coverage as is afforded by this provision C. is excess over any other collectible insurance.

II. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.:

With respect to any covered "auto", any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.

B. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
a. $60 per day, in lieu of $20; subject to
Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 2 of 3
(Ed. 4/12)
b. $1,800 maximum, in lieu of $600.

C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
a. $1,000 maximum, in lieu of $600.

D. Hired "Autos"
The following is added to Section III. Paragraph A.:

5. Hired “Autos”
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to:
a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned “autos”.
e. Such physical damage coverage for hired "autos" will:
(1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern.
(2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage
The following is added to Section III, Paragraph B.3.:

The accidental discharge of an airbag shall not be considered mechanical breakdown.

F. Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision.

G. Diminution In Value
The following is added to Section III, Paragraph B.6.:

Subject to the following, the "diminution in value" exclusion does not apply to:
a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of:
(1) $5,000; or
(2) 20% of the "auto's" actual cash value (ACV).

III. Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:

1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except:
a. An "auto" owned by that "executive officer" or a member of that person's household; or Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 3 of 3
(Ed. 4/12)
b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos."
Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance.

2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse.

Such "executive officers" are "insureds" while using a covered "auto" described in this provision.

IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.:
(4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.

The following is added to Section IV, Paragraph A.2.b.:
(6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.

B. Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.

This injury or damage must arise out of your activities under a contract with that person or organization.

You must agree to that requirement prior to an “accident” or “loss”.

C. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:

Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.

D. Other Insurance
The following is added to Section IV, Paragraph B.5.:

Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract.

That written contract must have been entered into prior to “Accident” or “Loss”.

E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
a. 45 days of coverage in lieu of 30 days.

V. DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these.

Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
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 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH A WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO LOSS.

INCL
WCC334010A
Effective 01/01/25
Elite Team Office, Inc.

Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F DIR-PWC 100 (rev. 10/11) successor to the DAS 13 form
STATE OF CALIFORNIA – DEPARTMENT OF INDUSTRIAL RELATIONS TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142
FROM:

EXTRACT OF

PUBLIC WORKS CONTRACT AWARD
A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO:

1. NAME OF GENERAL CONTRACTOR 2. CONTRACTOR’S LICENSE NO

3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) 4. CITY

5. ZIP CODE 6. TELEPHONE NUMBER

7. GENERAL CONTRACTOR’S CONTACT EMAIL ADDRESS 8. ADDRESS/LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND COUNTY):

8a. County

9. . NAME OF PROJECT

10. CONTRACT NUMBER 11. PROJECT NUMBER 12. DOLLAR AMOUNT OF CONTRACT AWARD 13 . FIRST ADVERTISED BID DATE

MONTH DAY YEAR
14 CONTRACT AWARD DATE

MONTH DAY YEAR

12a ESTIMATED TOTAL PROJECT COSTS, IF DIFFERENT FROM
ITEM 12 (see instructions).

15. WHICH STATUTE, IF ANY, APPLIES TO THIS PROJECT?

16. STATE CONSTRUCTION BONDS YES NO
If YES, List the Sources and Dollar Amount of Bond Proceeds:

SOURCES DOLLAR AMOUNT

17. WILL YOU OPERATE A DIR-APPROVED LABOR COMPLIANCE
PROGRAM (LCP) FOR THIS PROJECT?
YES NO

18. IS THERE A PROJECT LABOR AGREEMENT (PLA) ASSOCIATED WITH THIS PROJECT? If yes, please email a copy to [email protected] YES NO

19. STARTING DATE (ESTIMATED OR ACTUAL)

(MM/DD/YYYY)

20. COMPLETION DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)

21. BRIEF DESCRIPTION OF WORK TO BE PERFORMED 22
.

NEW CONSTRUCTION REMODELING

ALTERATION, DEMOLITION, REPAIR OR MAINTENANCE

23. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) Please list Sub-contractors and their worker classifications on page 2

24. Is language included in the Contract Award to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code? YES NO

25. SIGNATURE 26. TITLE 27. DATE

28. PRINTED OR TYPED NAME 29. E-MAIL ADDRESS 30. TELEPHONE NUMBERS If different from above, name, title, and contact information of person responsible for carrying out Awarding Body’s LCP or CMU responsibilities.

31. NAME 32. TITLE

33. E-MAIL ADDRESS 34. TELEPHONE NUMBER
Duplication of this form is permissible

AWARDING AGENCY ID NUMBER
If you do not have an ID number please contact DAS
S
CA
Various Locations Within City of Bakersfield
Kern
None of these statutes apply
Education Code §17250 30 (Design build: school dis
06/01/2025 05/18/2026
Landscape Maintenance Work
✔
Abestos
Boilermaker
Bricklayers
Ct
Rajan Mistry Fiscal & Admin Services Off [email protected] (661) 326-3011 Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Certificate Of Completion
Envelope Id: DFF2E063-C4C2-4898-9245-B25DAD74B65F Status: Completed Subject: Complete with Docusign: EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088_Final.pdf Source Envelope:

Document Pages: 28 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 10.103.81.137
Record Tracking
Status: Original
5/6/2025 11:52:56 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
Darin Sherlock
[email protected]
Secretary
EMTS INC dba Elite Maintenance and Tree Service
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 104.249.154.166
Sent: 5/6/2025 11:57:58 AM
Resent: 5/7/2025 8:18:02 AM
Viewed: 5/15/2025 10:22:21 AM
Signed: 5/15/2025 10:22:29 AM
Electronic Record and Signature Disclosure:

Accepted: 5/15/2025 10:22:21 AM
ID: eb95d2a8-452f-492d-886e-f93b4b4ab6fb
Rick Anthony
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.123.179
Signed using mobile
Sent: 5/15/2025 10:22:31 AM
Viewed: 5/15/2025 12:37:52 PM
Signed: 5/15/2025 12:38:01 PM
Electronic Record and Signature Disclosure:

Accepted: 5/15/2025 12:37:52 PM
ID: 43a500bb-97e3-4188-9e3e-7183a3641f27
Jena Covey
[email protected]

RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 5/15/2025 12:38:02 PM
Viewed: 5/15/2025 1:11:32 PM
Signed: 5/15/2025 1:12:39 PM
Electronic Record and Signature Disclosure:

Accepted: 5/15/2025 1:11:32 PM
ID: 1c57efed-aacf-4181-8088-6f30bc232271
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 5/6/2025 11:57:58 AM
Envelope Updated Security Checked 5/7/2025 8:18:01 AM
Certified Delivered Security Checked 5/15/2025 1:11:32 PM Signing Complete Security Checked 5/15/2025 1:12:39 PM
Completed Security Checked 5/15/2025 1:12:39 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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: Darin Sherlock, Rick Anthony, 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: May 28, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: May 14, 2025
SUBJECT: Amendment No. 1 to Agreement 2024-124 with Advanced Industrial Services (extend term to May 31, 2026) to provide industrial cleaning services for the Wastewater Division.

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

On May 22, 2024, City entered into Agreement No. 2024-124 with Advanced Industrial Services to provide industrial cleaning services for the Wastewater Division.

At this time, staff recommends exercising the option to extend the contract for one additional year through May 31, 2026, in accordance with the original terms of Agreement No. 2024-124. The amendment will provide for continued industrial cleaning services at both wastewater treatment plants. Total compensation will remain the same, but City did receive and accept an updated rate sheet for 2025.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund for this amendment, therefore, there is no impact to the City General Fund associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement 2024-124(1)

2. Exhibit B

PERSONNEL
S/T=Standard Time O/T=Over Time P/T=Premium Time
Senior Area Manager $125.00 $125.00 $125.00
Project Manager $95.00 $95.00 $95.00
Equipment Operator $115.07 $145.91 $176.75
Lead Technician $107.54 $140.45 $173.36
Lead Technician $112.04 $147.20 $182.36
Exposed Raw Sewage
Safety Manager $95.00 $95.00 $95.00
Customer Reports Specialist $35.00 $52.50 $70.00
S/T=Standard Time O/T=Over Time P/T=Premium Time
Guzzler/ Non-Operated $115.00 per hour
Guzzler - Sludge Pump / Non-Operated $125.00 per hour
Jetter Truck/ Non-Operated $150.00 per hour
Winch Truck / Operated $167.57 $198.41 $229.25
High Pressure Pump Truck/ Non-Operated $150.00 per hour Vacuum Truck - 130 BBL/ Operated $190.44 $236.16 $281.88 Vacuum Truck w/ Roper Pump - 130 BBL/ Operated $200.44 $246.16 $291.88 Water Truck 2K $65.00 per hour
Supplemental Items
6" Flex Hose $4.50 per linier foot
Canaflex 10' Hose $35.00 ea per day
6" Hard Pipe $25.00 ea per day
Mirco Tip (Mikey Tip) $25.00 per day

5.5 Rotary Nozzle $40.00 per day
Dome Lid Adapter $2.50 ea per day
Advanced Cleaning Head $500.00 per day
34933 Imperial Ave. Phone: 661. 837.0477
Bakersfield, CA 93308 Fax: 661. 837.0497
Public Works Department, Wastewater Division
Hourly Billing Rate Sheet -2025
Equipment
Port-to-Port Charges Apply to Equipment Listed Below
Industrial Services
Trolly System $100.00 per day
Reducers 8-6 / 6-4 $2.50 ea per day
Decontamination Wash Out Fee Off Site Quote per Job
Hydroblaster / 15,000 psi / 11-21 GPM $200.00 per hour
Hydroblaster / 20,000 psi / 10 GPM $250.00 per hour
Hydroblaster / Ultra High
Shotgunning Quote per Job
Lancing Quote per Job
Water Jet Cutting Quote per Job
Supplemental Items
High Pressure Items - 15,000 psi
High Pressure Hose $25.00 ea per day
High Pressure Coupling $5.00 ea per day
High Pressure Tank Cleaning Head $450.00 per day
High Pressure Trolly System $200.00 per day
High Pressure Cleaning Head - Spinner Tip $30.00 per hour Straight Tip $15.00 per day
Fan Tip $15.00 per day
Polish Tip $20.00 per hour
Custom Tip Quote per Job
High Pressure Gun $20.00 per hour
High Pressure Wand Extensions $60.00 per day
Foot Valve $20.00 per hour
I.D. Tube Lancer Quote per Job
Stinger $25.00 per day
Lance Guide $10.00 per day
Hobbles $20.00 per day
High Pressure Items - 20,000 psi
High Pressure Hose $45.00 ea per day

HYDROBLAST EQUIPMENT
Equipment Below Requires A Clean Water Source, And Cannot Operate On Produced Water.

High Pressure Coupling $10.00 ea per day
High Pressure Tank Cleaning Head Quote per Job
High Pressure Trolly System Quote per Job
High Pressure Cleaning Head - Spinner Tip $45.00 per hour Straight Tip $50.00 per day
Fan Tip $50.00 per day
Polish Tip Quote per Job
Custom Tip Quote per Job
High Pressure Gun $40.00 per hour
Foot Valve $40.00 per hour
I.D. Tube Lancer Quote per Job
Stinger $35.00 per day
High Pressure Suit /Turtle Suit $150.00 per day
Hobbles $30.00 per day
Steam Cleaner w/500 gal. Water tank-4000 psi unit $30.00 per hour Steam Cleaner - Dual Wand Unit $45.00 per hour
Steam Cleaner - 10 GPM Unit $45.00 per hour
Steam Cleaner w/ Chemical Sprayer $45.00 per hour
Supplemental Items
Extenda Wand $50.00 per day
Tri-Pod Extenda Wand Holder $200.00 per day
Water/Sand Blasting Attachment $100.00 ea per day
45 Degree Tip $2.50 ea per day
Zero Degree Tip $2.50 ea per day
Oscilating Tip $30.00 ea per day
Steam Cleaner Hose - Extension $20.00 per day
Hobbles $5.00 per day
Manager/Supervisor/Safety Truck $20.00 per hour
Crew Truck $25.00 per hour

STEAM CLEANERS

CREW TRUCKS
Utility Truck $40.00 per hour
150-185 CFM Compressor $30.00 per hour
25 KW Generator $30.00 per hour
Light Plant $200.00 per day
Water Wagon $150.00 per day
Ditch Witch $55.00 per hour
Eye Wash Station $250.00 per day
Pneumatic Chemical Pump Trailer $250.00 per day
Safety/Office/Cooling Trailer $250.00 per day
$1,000.00 per month
Trash Trailer $75.00 per day
6" Pump Quote per Job
HV Pump $100.00 per hour
Tank Trailer $350.00 per day
Spill Response Trailer $350.00 per day
*additional charges for material used
Pigging Trailer $100.00 per hour
Rescue Trailer $250.00 per day
Air Trailer $150.00 per day
Supplemental Items
Tripod/ Winch $150.00 per day
Quad Gas Monitor $25.00 ea per day
Personal H2S Monitor $10.00 ea per day
Motorized Sampling Pump/Wand $20.00 ea per day
Personal Protective Equipment
Raingear $18.00 ea
Chemical Suits Cost Plus
Acid Suits Cost Plus
Tyvek Disposable Coveralls $12.00 ea
FR Tyvek Disposable Coveralls $15.00 ea

TOWABLE EQUIPMENT

RESCUE/SAFETY EQUIPMENT
PVC Gloves, Light Duty $8.00 ea
Impact Gloves $25.00 ea per day
Face Shields $1.50 ea
Goggles $1.50 ea
Harness $10.00 ea per day
Leggings $10.00 ea
Snake Guards $10.00 ea
Level D PPE $75.00 ea per day
Respiratory Protection
Respirator - Half Face $30.00 ea per day
Respirator - Full Face $80.00 ea per day
Cartridges Cost Plus
NON-HAZ/ Storage Yard for Cleaning (Off site) $75.00 per day Frac Tanks Cost Plus
Roll Off Bin Cost Plus
Bin Liner $45.00 ea per day
Plastic Sheeting / Visqueen $250.00 per roll
Snow Fencing/ Stakes Cost Plus
Stake Driver $15.00 per day
Hole Covers Cost Plus
Portable Containments Cost Plus
Work Platform $50.00 per day
Portable Generator $125.00 per day
Jack Hammer $75.00 per day
Pnuematic Saw Zaw $200.00 per day
Blades Cost Plus
Pnuematic Scraper $50.00 per day
Vacuum Tester $25.00 per hour

EQUIPMENT STORAGE

MISCELLANIOUS
Rubber Test Plugs Cost Plus
Explosion Proof Lights $130.00 per day
All Pro Underground Utility Locator $100.00 per day
30" Electric Misting Fans $75.00 per day
SandBlasting Package $250.00 per day
Abrasive Material Cost Plus
Personnal Manlift $250.00 per day
Water Cannon $2.50 per hour
24" Electric Blower 9500cfm $100.00 per day
20" Electric Fan $50.00 per day
Pnuematic Copus Fan $50.00 per day
0-1200 Torque Wrench $100.00 per day
Torque Multiplier $125.00 per day
Chicago Hose (25') $10.00 per day
Pig Launcher $25.00 ea per day
Receiver $25.00 ea per day

1. General Terms and Conditions:

2. Hours of Work:

3. 8-Hour Work Schedule:

Each Chargeable Hour

10. Transportation rates do not include permits, fees, road tolls, any disposal of material fees, or winterize charges.

11. Labor and equipment are subject to a four (4) hour minimum charge per day.

Note: These charges apply if customer cancels scheduled work activities without a 24 hour notice.

12. Parts, materials, supplies, subcontracted services, and outside equipment rentals/fuel will be billed at cost plus 15%.

Advanced Industrial Services and will be charged accordingly.

13. Fuel surcharge will apply on all equipment.

The workday shall be defined as a twenty-four (24) hour period beginning at 0001 and ending at 2400 the same day.

Note: AIS operates in accordance with U.S. Department of Labor Wage and Hour Division Title 29, Part 785.38 in regards to a. Straight Time: The first eight (8) hours between Monday through Friday, conducted during normal business hours. b. Overtime: All work over eight hours per day, Monday through Friday, up to twelve (12) hours on Saturday, and over eight (8)
hours on Sunday. In addition all work conducted outside normal work hours will be charged at overtime rates. c. Premium Time: All work performed by personnel over twelve (12) hours Monday through Saturday, and over eight (8) hours on Sunday (the following holidays will be observed: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.)

4. Alternate Work Schedule (4-10 Schedule)
Note: Crews assigned to this schedule, must remain on this schedule or customer will be charged for applicable over time. a. Straight Time: The first 10 hours per day, four (4) days in a week; Monday thru Thursday.

Any hours worked outside of this schedule, overtime and premium time charges apply (see b & c above).

5. Times will be rounded to the nearest one-quarter (1/4) hour.

6. Per Diem rate is $50.00 per person per night for all assignments beyond a 50 mile radius of the home base.

8. For overnight assignments, lodging will be billed at cost plus 15%

9. Final determination of minimum required personnel protective equipment shall be made by

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 13, 2025
SUBJECT: Amendment No. 9 to Agreement No. 19-070
with AECOM Technical Services, Inc. (increasing compensation by $270,633.19; revised not to exceed $26,004,979.66) for additional construction management services for the Centennial Corridor Mainline Project (Wards 1, 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).

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.

On March 26, 2025, City Council approved Amendment No. 8 adding $155,324.49 to Agreement No. 19- 070.

The amendment for additional Construction Management (CM) services includes construction inspections, contract administration, and project closeout. Amendment No. 9 to Agreement No. 19-070 adds $270,633.19 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 9 to 19-070 Signed
____________________________________________________________________________

MANAGER AGREEMENT
Revised – February 24, 2022 Page 1 of 4 Pages
AGREEMENT NO._________________
AMENDMENT NO. 9 TO
AGREEMENT NO. 19-070
This AMENDMENT NO. 9 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 4 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, on March 26, 2025, CITY and MANAGER entered into Amendment No. 8 to this Agreement for additional CM Services for an additional amount not to exceed $155,324.49; and
WHEREAS, the PROJECT is now estimated to be substantially complete by July of 2025 with post construction/project closeout activities and contractor claims response continuing through late-2025; and
WHEREAS, MANAGER has provided to the CITY the Supplemental Cost Proposal attached hereto as Exhibit C-9; and
WHEREAS, CITY and MANAGER now desire to enter into Amendment No. 9 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 $270,633.19 for a total compensation of $26,004,979.66.

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 MANAGER’S Cost Proposal as provided in Exhibits C, C-1, C-2, C-3, C-4, C-5, C-7, C-8, and C-9, 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 ____________________________________________________________________________

MANAGER AGREEMENT
Revised – February 24, 2022 Page 3 of 4 Pages
CITY’s approved overhead rate set forth in the original Cost Proposal, Exhibit C. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work.

Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $24,824,495.06.

2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $1,180,484.60. 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 $26,004,979.66 (“Compensation”).

2. Except as amended herein, all other provisions of Agreement No. 19-070, as amended, shall remain in full force and effect.

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]

MATTHEW GOLLA
____________________________________________________________________________

MANAGER AGREEMENT
Revised – February 24, 2022 Page 4 of 4 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-9– Supplemental Cost Proposal
S:\1 - TRIP PROJECTS\04f - Mainline and Ramps\550 - Construction\550B - Contract Amendments\AECOM\Amendment 9\Amendment 9 to 19-070.doc
Personnel
Hrs $$ Hrs $$ Hrs $$
Construction
Inspector
AECOM
$ 90 18,092.98 201.03 $ 90 18,092.98 $ 90 18,092.98 $ 270 54,278.95 $ Resident
Engineer V&A $ 110 30,976.13 281.60 $ 110 30,976.13 $ 110 30,976.13 $ 330 92,928.38 $ ARE/SR AECOM 216.67 $ 110 23,833.79 $ 110 23,833.79 $ 110 23,833.79 $ 330 71,501.36 $ Construction
Inspector V&A $ 0 - 207.53 $ 0 - $ 0 - $ 0 - $
Office Engineer
V&A $ 90 10,377.10 115.30 $ 90 10,377.10 $ 90 10,377.10 $ 270 31,131.29 $

TOTAL HOURS
+LABOR

DOLLARS
400 83,279.99 $ 400 83,279.99 $ 400 83,279.99 $ 1200 249,839.98 $ ODC$$ $ 538.39 538.39 $ 538.39 $ 1,615.18 $
FEE 10% $ 4,192.68 4,192.68 $ 4,192.68 $ 12,578.03 $
Per Diem
$200/day $ 2,200.00 2,200.00 $ 2,200.00 $ 6,600.00 $

SUB TOTAL LABOR
+ ODC $ 90,211.06 90,211.06 $ 90,211.06 $ 270,633.19 $
Note: Period of performance is 5/1/25-7/31/25. AECOM to provide part time inspection of punch list items.

LOADED
RATE
TOTAL
HOURS

TOTAL LABOR
$$
Exhibit C-
- Supplemental Cost Proposal
May-25 Jul-25 Jun-25

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: May 14, 2025
SUBJECT: Amendment No. 2 to Agreement 2023-024with AECOM Technical Services (extend the term by eighteen months and increase compensation $20,000; revised not to exceed $191,000) to provide design and engineering services for Wastewater Treatment Plant No. 3 Booster Blower Upgrade.

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

Wastewater Treatment Plant No. 3 has three gas blowers that are responsible for boosting digester gas pressure to 10 psi prior to conveyance to the gas treatment facilities. The proper operation of the booster blowers ensures that gas from digesters is collected, treated, and used by the internal combustion cogenerations engines or properly disposed of via the flare.

On January 25, 2023, City entered into Agreement No. 2023-024 with AECOM Technical Services (AECOM) to provide design and engineering services for the Booster Blower Upgrade project. AECOM was selected from City’s On-Call Library of Professional Firms and approved by staff after their proposal was found to be acceptable.

On February 28, 2024, Amendment No. 1 to Agreement No. 2023-024 was approved, increasing compensation by $19,000 for additional scope of work.

During construction, a higher-than-expected number of requests for information submissions exceeded the available project budget. This proposed amendment will allocate an additional $20,000 for design consultant support during construction, increasing the total compensation not to exceed $191,000 and extend the term through December 31, 2026, to ensure project completion.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund capital improvement program for this amendment, therefore, there is no impact to the City General Fund associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 2

2. Exhibit A

3. Exhibit B

4. Exhibit C

5. Exhibit D

AECOM (661) 283-2323 tel
5001 E. Commercenter Dr., Suite 100
Bakersfield, CA 93309
January 17, 2023
Evette Roldan, PE
City of Bakersfield
6901 McCutchen Road
Bakersfield, CA 93313
Subject: Wastewater Treatment Plant No. 3 Blower Replacement Dear Evette,
AECOM Technical Services, Inc. (AECOM) is pleased to submit this proposal for replacement of the City of Bakersfield (City) Wastewater Treatment No. 3 Blower system.

PROJECT UNDERSTANDING
The Blowers at City of Bakersfield Wastewater Treatment 3 receive digester gas from the six active digesters, compress the gas and send it to the gas treatment area to the south and immediately east of the Cogeneration facility. The blowers should operate when gas pressure from the digesters is above a set range. Below that range, the blowers should shut off. (Alternately if the blowers operated with VFD’s they could operate for longer run times and deliver gas in a smoother manner to the gas treatment facility). At the treatment facility, H2S and Siloxane are removed, and the gas is stored in a large buffer vessel from which the gas is conveyed to the co-generators. If the pressure measured in the buffer vessel increases above a given set point, then gas is sent to the flare and continues until a given lower set pressure is reached.

The blowers are a critical element. For that reason, there are three which consist of one primary and two alternates. At no time should there be any less than one alternate blower that is operational.

The three blowers have reached the end of their reliable service life and need to be replaced. To extend future service life, this project will consist of replacing all three blowers with new ones and include a new cooling system, a canopy and new power and control for the blowers. At your preference the canopy may also have lighting for security and for working on the equipment (two levels of lighting).

SCOPE OF SERVICES
Task 1 – Design Phase

1.1 Attend project kick-off meeting and visit project site. We will cover scope, schedule, and deliverables. To save time and effort, at the Kickoff meeting, we will also present our preliminary work which will consist of calculations to size the blowers based on full plant capacity of 32 MGD.

We will also look at various blower and glycol cooler manufacturers and discuss options with the City.

It is the goal of this discussion to receive direction from the City on selection of the major equipment.

AECOM 2

1.2 Background Plan and Control Narrative: The control system that operates the blowers will be inspected by our instrumentation designer, to determine which are in satisfactory working condition and which need to be replaced. Those components are at the blower site, and some are also at the gas treatment site. We will verify how the system currently operates and make recommendations on adjustments that should be made at that time for better operation. We will also describe how the new system will be controlled. The control narrative will describe how the gas flow will be controlled, how the compressors will operate (lead-lag and alternating starts), VFD option if viable, and the signals that will go to SCADA. SCADA integration is not assumed to be in our scope and should be provided by the City’s SCADA integrator. These recommendations will be accompanied with a plan view identifying locations of each primary component.

Deliverable: Memo style. A concept plan and process/control narrative that recommends adjustments to the current system control if possible and how the replacement system will operate.

1.3 Plans, Specifications, and Opinion of Probable Construction Cost will be prepared at the 90% and 100% levels. The plans will be developed in AutoCAD (2D).

Deliverables:
• Three (3) hardcopies and electronic (PDF) copy of 90% Construction Plans, Technical Specifications, and Opinion of Probable Cost
• Three (3) hardcopies and electronic (PDF) copy of 100% Construction Plans, Technical Specifications, and Opinion of Probable Cost
Assumptions:
• Preparation of environmental documentation and/or permitting of any kind is not included. • Plans will be developed based on the Record Drawings dated 2007. Dimensions will not be independently verified or topographically surveyed. Dimensions will be tape measured in the field by our design staff as needed for layout. • SCADA integration is assumed to be completed by the City. • Wiring and conduits between the blower/cooler skids and motor control center will be replaced, and the existing motor control center will also be replaced if needed. • The geotechnical investigation and recommendations report for the 2007 project at Wastewater Treatment Plant 3 2007 Expansion will be made available to AECOM. If additional testing is needed, it will be provided by the City.

Task 2 – Bidding Phase

2.1 AECOM will attend and participate in the pre-bid conference. We will assist the City in preparing an agenda and take notes during the meeting. Following the meeting, AECOM will provide a memorandum to the City.

2.2 Design team personnel will be available to answer RFI’s for the duration of the project bid period (Up to 5 assumed).

2.3 AECOM personnel will be available to aid in the preparation of addendums to the contract documents that may become necessary during the project bid period. (One addendum assumed that will require AECOM assistance).

AECOM 3
Assumptions:
• City personnel will advertise and issue all addenda.

Task 3 – Construction Phase

3.1 Pre-Construction Meeting Attendance. AECOM’s Project Manager and Project Engineer will attend the pre-construction conference to be held at the City with the Contractor, City Construction Division personnel, and City Design personnel.

Assumptions:
• It is assumed that the City’s personnel will prepare the agenda for the meeting and facilitate the meeting. It is also assumed that AECOM will assist with the agenda as needed. AECOM will prepare a memorandum to the City following the meeting.

3.2 Review Submittals / Shop Drawings/ RFI. AECOM will review submittals / shop drawings and Requests for Information (RFI) produced by the project contractor as requested by the City’s construction team. The review will be for general conformance with the design concept of the project and general compliance with the plans and specifications.

Assumptions:
• It is assumed that the Contractor shall have an acceptable submittal upon the second submission.
• It is assumed not more than twelve (12) submittals and seven (7) RFIs will be reviewed.

3.3 AECOM electrical engineer will perform a site visit to field verify electrical and instrumentation installation.

Assumptions:
• It is assumed that no more than one (1) site visit will occur.

3.4 Support the Preparation of Change Orders. AECOM personnel will be available to aid the City of Bakersfield construction team in the generation of Contract Change Orders as needed during the construction phase of the project.

Assumptions:
• It is assumed that no more than one (1) contract change order will be necessary.

3.5 Project Construction Site Visits and Meetings. AECOM project personnel will be available to make construction site visits at key points as requested by the City’s project manager.

Assumptions:
• It is assumed that no more than four (4) total site visits and/or meetings will be necessary.

AECOM 4

SCHEDULE
Kickoff Meeting 2 weeks from Notice to Proceed
Technical Memorandum 2 months from Notice to Proceed
90% Deliverable 5 months from Notice to Proceed
100% Deliverable 6 weeks from receipt of City comments
BUDGET
Design Phase: $ 118,000 Fixed Fee
Bidding Phase: $ 9,000 Time & Materials
Construction Phase: $ 25,000 Time & Materials
Total: $ 152,000
We appreciate the opportunity to work with the City on this important project.

Yours sincerely,
William C. Black, PE Ben P. Horn, PE
Project Manager Managing Engineer
Attachment: Rate Sheet
Project Budget

Project Budget
WWTP Blower Replacement City of Bakersfield
Budget
Task Description Specialty Principal Principal Engineer III Engineer II Engineer I Project Engineer II CAD Technician Engineering Tech Total Hours Labor Non-Labor Fee Total Task 1 - Design Phase
Kickoff Meeting & Site Visit including minutes 8 8 0 16 6 38 $ 6,810 $ 204 $ 7,014 Concept Plan and Process Control Narrative 2 2 0 24 2 2 10 42 $ 6,480 $ 194 $ 6,674 Technical Specifications 8 12 0 36 12 16 84 $ 14,120 $ 424 $ 14,544 Plans - $ - $ - $ -
- General Sheets (Cover, notes, symbols abbreviations, Demo Plan)- 3 sheets 8 0 8 12 24 52 $ 7,280 $ 218 $ 7,498 - Mechanical Sheets (Process control, Piping schematic, Equipment layout, Piping layout) 5 sheets 8 16 0 32 26 24 60 166 $ 24,560 $ 737 $ 25,297 - Structural Sheets (General and notes, Foundations and Canopy) 5 sheets 4 28 0 30 0 32 94 $ 15,440 $ 463 $ 15,903 - Electrical & Instrumentation 10 sheets 26 2 8 24 60 18 60 198 $ 29,160 $ 519 $ 29,679 Opinion of Probable Construction Cost 4 4 4 16 2 30 $ 4,680 $ 140 $ 4,820 Quality Control & Project Management 8 8 8 28 4 6,380 $ 191 $ 6,571 $ Subtotal 84 68 20 128 174 44 188 26 732 114,910 $ 3,090 $ 118,000 $ Task 2 - Bidding Phase
Attend Pre-Bid Meeting 3 3 6 $ 1,110 $ 33 $ 1,143
Respond to Bidder RFIs (Assume 5) 5 10 2 17 $ 2,840 $ 85 $ 2,925 Prepare Addenda (Assume 1) 2 4 4 4 4 2 20 $ 3,090 $ 93 $ 3,183 Review Bids and recommend lowest responsible bid 2 2 4 11 3 1,625 $ 124 $ 1,749 $ Subtotal 2 2 12 19 8 - 4 7 54 8,665 $ 335 $ 9,000 $
Task 3 - Construction Phase
Attend Pre-Construction Meeting 4 4 1 9 $ 1,655 $ 50 $ 1,705 Respond to RFIs (Assume 7) 2 4 5 10 21 $ 3,870 $ 116 $ 3,986 Review Submittals (Assume 12) 4 8 12 18 6 48 $ 9,360 $ 164 $ 9,524 Electrical Site Visit 12 12 $ 3,240 $ 97 $ 3,337
Change Order (Assume 1) 4 6 4 4 4 0 - 22 $ 4,460 $ 134 $ 4,594 Field Visits & Meetings (Assume 4) 4 0 6 1,800 10 $ 54 $ 1,854 $ Subtotal 26 22 17 22 30 4 - 1 122 24,385 $ 615 $ 25,000 $ Total 112 92 49 169 212 48 192 34 908 147,960 $ 4,040 $ 152,000 $ Personnel Hours
1/17/2023 Page 1 of 1
RESOLUTION NO 1 5 ? 2 022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BAKERSFIELD APPROVING AN ON -CALL LIBRARY OF

PROFESSIONAL FIRMS QUALIFIED TO PROVIDE PROFESSIONAL

SERVICES INCLUDING STUDIES, SURVEYING AND MAPPING,

PLANNING, ARCHITECTURAL, ENGINEERING AND DESIGN,

PROJECT MANAGEMENT, AND CONSTRUCTION INSPECTION
SERVICES; AND ADOPTING A UNIFORM HOURLY RATE
SCHEDULE FOR THE LIBRARY; AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE( S), TO ENTER INTO AGREEMENTS

WITH QUALIFIED FIRMS IN ACCORDANCE WITH BAKERSFIELD
MUNICIPAL CODE SECTION 3.20. 105.

WHEREAS, professional surveying, planning, architectural, engineering, and inspection services are frequently necessary for studies, projects, and programs within the City' s Five-year Capital Improvement Program; and
WHEREAS, the adopted Fiscal Year 22-23 Five -Year Capital Improvement Program across all funding sources totals $196. 6 million; and WHEREAS, the Public Works Department, in conjunction with other City Departments (" Collectively " Departments"), desire to establish an on -call Library of Professional Firms ( hereinafter " Library") that identifies prequalified firms to perform professional services on various projects included in the City' s five-year Capital Improvement Program; and
WHEREAS, the development of a three ( 3) year Library with two one-year renewals, provides Departments the opportunity to either immediately select a firm for a project or establish a brief, yet focused evaluation process amongst qualified firms, thereby establishing an alternative to the standard Request for Proposal ( RFP) process that can take up to three months to complete; and
WHEREAS, a three ( 3)- year uniform hourly rate schedule for personnel and overhead costs allows Departments to simplify and streamline future individual Agreements with firms in the Library by focusing negotiated items to tasks and time; and WHEREAS, nothing in this Resolution prevents or prohibits any City Department from conducting an individual project solicitation by RFP or any other approved means of procurement; and
WHEREAS, authorization of Agreements under this Library will comply with Bakersfield Municipal Code Section 3.20. 105; and
WHEREAS, on June 9, 2022, staff issued a public notice informing professional surveying and mapping, architectural, and engineering firms of an opportunity to respond to a Request for Qualifications ( RFQ) process with the intent of qualifying gP,

Page 1 of 3 ends

OORIGINO
multiple firms to assist the City with a broad range of projects that were listed and described within the solicitation; and
WHEREAS, on June 24, 2022, staff held a non -mandatory meeting with all interested proposers to review the solicitation and answer questions; and WHEREAS, on July 29, 2022, twenty-seven ( 27) firms responded to the City' s solicitation by formally submitting staff and firm qualifications and experience, numerous project references, and their hourly billing rate schedule for consideration; and
WHEREAS, the City assembled an evaluation committee made up of the Recreation and Parks Department, Economic Development Department, Building Department, and Public Works Department to review submittals and qualifying firms by professional discipline; and
WHEREAS, the evaluation committee met on August 9, 2022 and August 18, 2022, and developed the recommendation for the Library, as listed in Exhibit A attached hereto and incorporated by reference herein; and
WHEREAS, a Uniform Hourly Rate Schedule, as provided in Exhibit B attached hereto and incorporated by reference herein ( hereinafter referred to as " Rate Schedule"), has been developed by the Public Works Department by compiling the submitted 2022 rate schedules from each qualified firm for various positions; and WHEREAS, the qualified firms in the Library have agreed to the Rate Schedule and its use when developing the negotiated cost for professional services related to all personnel and overhead costs within individual project Agreements for the next three years; and
WHEREAS, the City may review adjustments to the Rate Schedule that are tied to the Los Angeles -Long Beach-Anaheim/ All Urban Consumers Consumer Price Index at the fourth and fifth renewal years, if those years are added to an Agreement; and WHEREAS, funding for agreements will be paid for through project budgets as approved or amended by City Council.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows:

The above recitals are true and correct and are incorporated herein by reference.

2. This Resolution designates an on -call Library of Professional Firms ( Exhibit A) that have been competitively selected, deemed qualified by experience and expertise, and approved to enter into professional service agreements with the City.

Page 2 of 3 ends

ORIGINAL

3. This Resolution establishes a Uniform Rate Schedule ( Exhibit B) that shall be used for developing personnel and overhead costs for the professional services.

4. The City Manager and/ or designee( s) are authorized to enfer into agreements with qualified firms listed in the Library.

5. Agreements authorized between the City and firms in the Library shall comply with the Bakersfield Municipal Code Section 3. 20. 105.

6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.

HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the CounftIIT A 2 f
City of Bakersfield at a regular meeting thereof held on by the following vote:

AYES:

NOES:

A BSTA I N:

COUNCIL MEMBER ARIAS, GONZALES,-YdfR, SMITH, FREEMAN, GRAY, PARLIER

COUNCIL MEMBER

COUNCIL MEMBER
COUNCIL MEMBER WearAPPROVED OCT 0 5 2022
By

KARE GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO, CITY ATTORNEY

SHUA RUDNICK
puty City Attorney
JHR/ vlg
SACOUNCIL\ ResosX22- 23\ LibraryQualifiedfirms. Reso. doe ULIE DR.I MAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
L

Page 3 of 3 ends

ORIGINAL
Exhibit A"
On -Call Library of Professional Firms
F_ mr

ORIQINAL
1 AECOM
2 Ardurra Group, Inc.
3 Diversified Project Services International
4 EXP US Services, Inc
5 New Gen Engineering Group Inc. (f. k. a. McInt:
6 Parsons
6 7
8 oCIT Y 0
1;
AECOM
EXP US Services, Inc
NV5, Inc
New Gen Engineering Group Inc. (f.k. a. Mcl
Parsons
V& Alnc
4 Creeks, Inc
IBI Group
New Gen Engineering Group Inc. (f.k. a. Mclntos
Ordiz-Melby, Inc
Quad Knopf Inc
PlaceWorks
Toole Design Group
4 Creeks, Inc
AECOM
Ardurra Group, Inc.

BHT Engineering, Inc
Dewalt Corporation
J Project Services Inti
EXP US Services, Inc
IBI Grouo
New Gen Engineering Group Inc. (f.k. a.

Meyer Civil Engineering Inc
NV5, Inc
Ordiz- Melbv, Inc
5001 E. Commercenter Or Ste 100 1 Bakersfield CA 93309 Ben Horn 661-283- 2328 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529- 2190 5351 Olive Drive Ste 100 Bakersfield CA 93308 Robert Chambers 661-371-2800 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818- 539-1110 1) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661- 699-1100 Construction Management & Inspections (roadway, structural, materials testing, etc.) 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283-2328 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818-539- 1110 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559- 661- 5220 1) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 5100 California Ave Ste 106 Bakersfield CA 93309 Jose Valle 805-403- 7300 Building Commissioning Services
5500 Ming Avenue ISte 280 1 Bakersfield CA I 93309 Jeannie Bertolaccini 661-832- 5258 Urban Planning and Design
324 S. Santa Fe Street Ste A Visilia Ca 93292 Lisa Wallis- Dutra 559-802-3052 75 East Santa Clara St Ste 100 San lose CA 95113 Jennifer Moore 408-924-0811 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261-4040 h) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 5500 Ming Avenue Ste 280 Bakersfield CA 93309 Jeannie Bertolaccini 661-832- 5258 5080 California Avenue Ste 220 Bakersfield CA 93309 Cathy Williams 661- 616-260C 3 MacArthur Place Ste 1100 Santa Ana, CA 92707 Randal W Jackson 714-966-922C 527 West 7th Street Ste 701 Los Angeles Ca 900141 Roger Pelayo 213- 257-868C Civil Engineering
324 S. Santa Fe Street Ste A Visilia Ca 93292 Lisa Wallis- Dutra 559- 802-3052 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283-2328 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661- 529-219C 218 S. H Street Ste 201 Bakersfield CA 93304 Juan Pantoja 661-558-4641 1930 22nd Street Bakersfield CA 93301 Michael Todd Wood 661-323-460C 5351 Olive Drive Ste 100 Bakersfield CA 93308 Robert Chambers 661-371-280C 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818- 539- 111C 75 East Santa Clara St Ste 100 San Jose CA 95113 Jennifer Moore 408-924-0811 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261-404C h) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836- 9834 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559-661-522C 5500 Ming Avenue Ste 280 Bakersfield CA 93309 Jeannie Bertolaccini 661-832- 525£ 14 15
16 17
18 CIT Y 0
z ray
Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 GreEorv.Gharib@parsons. com Quad Knopf Inc 5080 California Avenue Ste 220 Bakersfield CA 93309 Cathy Williams 661-616- 2600 [email protected] Ruettgers & Schuler Civil Engineers 1800 30th Street Ste 260 Bakersfield CA 93301 Ian Parks 661-327- 1969 ioarks@rscivil. com Toole Design Group 527 West 7th Street Ste 701 Los Angeles Ca 90014 Roger Pelayo 213-257- 8680 rpelavo@tooledesien. com V & A Inc 5100 California Ave Ste 106 Bakersfield CA 93309 Jose Valle 805-403- 7300 lose. [email protected] Electrical Engineering
AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283- 2328 ben. [email protected] Ardurra Group, Inc. 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529- 2190 dsalgado@ardurra. com EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818-539- 1110 anh. case@exp. com IBI Group 75 East Santa Clara St Ste 100 San Jose CA 95113 Jennifer Moore 408-924- 0811 iennifer.moore@ibigroup. com Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836-9834 [email protected] NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559- 661-5220 Jeff. Pallesen@nv5. com Ordiz-Melby, Inc 5500 Ming Avenue Ste 280 Bakersfield CA 93309 Jeannie Bertolaccini 661-832-5258 [email protected] Parsons
4 Creeks, Inc
9600 Ming Avenue
324 S. Santa Fe Street
Ste 310
Structural
Ste A
Bakersfield CA
Engineering
Visilia Ca
93311
93292
GregoryZ Gharib
Lisa Wallis- Dutra
661- 699-1100
559- 802-3052
[email protected]
lisawd@4-creeks. com
AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283-2328 ben. horn Ca@aecom. com Ardurra Group, Inc. 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529-2190 dsalgado@ardurra. com EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818- 539- 1110 anh. case@exp. com IBI Group 75 East Santa Clara St Ste 100 San Jose CA 95113 Jennifer Moore 408- 924-0811 [email protected] Kimley- Horn 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261-4040 nicole. [email protected] Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836- 9834 rmever@meyerce. net NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559-661-5220 Jeff. Pallesen@nv5. com Ordiz- Melby, Inc 5500 Ming Avenue Ste 280 Bakersfield CA 93309 Jeannie Bertolaccini 661-832- 5258 [email protected] I Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 Greeory.Gharib@parsons. com Transportation Engineering
4 Creeks, Inc 324 S. Santa Fe Street Ste A Visilia Ca 93292 Lisa Wallis- Dutra 559-802- 3052 [email protected] AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283- 2328 ben. [email protected] t Ardurra Group, Inc. 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529- 2190 dsaleado@ardurra. com I Dewalt Corporation 1930 22nd Street Bakersfield CA 93301 Michael Todd Wood 661-323- 4600 twoodPdewaltcorp. com i Diversified Project Services International 5351 Olive Drive Ste 100 Bakersfield CA 93308 Robert Chambers 661-371- 2800 [email protected] i EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818-539- 1110 anh. case@exp. com IBI Group 75 East Santa Clara St Ste 100 San Jose CA 95113 Jennifer Moore 408-924- 0811 lennifer.moore@ibieroun. com t Kimley-Horn 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213- 261-4040 nicole. dias@kimley-horn. com i Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836-9834 rmever@meverce. net I New Gen Engineering Group Inc. (f.k. a. McIntosh) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 bneptune mcintoshassoc.com L NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559- 661-5220 Jeff. [email protected] Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 Greeorv.Gharib@parsons. com t Ruettgers & Schuler Civil Engineers 1800 30th Street Ste 260 Bakersfield CA 93301 Ian Parks 661-327-1969 ioarks@rscivil. com l Toole Design Group 527 West 7th Street Ste 701 Los Angeles Ca 90014 Roger Pelayo 213- 257-8680 rpelavo@tooledesien. com i V & A Inc 5100 California Ave Ste 106 Bakersfield CA 93309 Jose Valle 805-403-7300 jose.valle@va- incorp. com Mechanical Engineering (e.g. HVAC, pumps, plumbing, etc.) L AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283-2328 ben. horn@aecom. com i Ordiz- Melby, Inc 5500 Ming Avenue Ste 280 Bakersfield CA 93309 Jeannie Bertolaccini 661-832-5258 [email protected] 3 Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836-9834 rmever@meverce. net 4 NV5, Inc 12109 West Bullard Avenue ISte 145 Fresno CA I 93711 Jeff Pallesen 559- 661-5220 1 Jeff. PaIlesen@nv5. com CITY 0
0 1: 53
Parsons 19600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 Gregory.Gharib@parsons. com AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283- 2328 ben. horn@aecom. com EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818- 539- 1110 anh. case@exp. com Kimley-Horn 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261-4040 nicole. dias@kimlev-horn. com New Gen Engineering Group Inc. ( f.k. a. McIntosh) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 bneptune@mcintoshassoc. com NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559-661- 5220 Jeff. Pallesen@nv5. com Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 GregoryZ Gharib 661-699- 1100 Greaory.Gharib[alparsons.com Provost & Pritchard Engineering Group Inc. 11800 30th Street Ste 280 Bakersfield CA 93301 Jeane Hill 661-616- 5900 ihill@ppene. com V & A Inc
AECOM
5100 California Ave
5001 E. Commercenter Dr
Ste
Ste 100
a ers e
I
Bakersfield CA
93309
93309
Jose Valle
Ben Horn
805-403- 7300
661-283- 2328
iose.valle@va- incorp. com
ben. horn@aecom. com
Ardurra Group, Inc. 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529- 2190 dsaleado@ardurra. com Kimley- Horn 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261-4040 nicole. dias@kimlev- horn. com Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836- 9834 rmever@meverce. net Michael K Nunley & Associates, Inc 1800 21st Street Ste C Bakersfield CA 93301 Josh Nord 661-873- 4262 inord@mknassociates. us NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559- 661-5220 Jeff. Pal lesen0Dnv5. com Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 Greeory.Gharib@parsons. com Provost & Pritchard Engineering Group Inc. 1800 30th Street ISte 280 1 Bakersfield CA I 93301 Jeane Hill 661-616-5900 hill@gpene. com Quad Knopf Inc 5080 California Avenue ISte 220 1 Bakersfield CA 1 933091 Cathy Williams 661-616-2600 [email protected] V & A Inc 5100 California Ave ISte 106 1 Bakersfield CA I 93309 Jose Valle 805- 403-7300 lose.valle@va- incorp.com Geotechnical Services
AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283-2328 ben. horn@aecom. com BSK Associates 700 22nd Street Bakersfield CA 93301 Adam Terronez 661-327-0671 aterronez@bskassociates. com EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818- 539- 1110 anh. case@exp. com NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559- 661-5220 Jeff. Pallesen@nv5. com Parsons 9600 Ming Avenue Ste 310 Bakersfield CA 93311 Gregory Z Gharib 661- 699- 1100 Greeory. Gharib@parsons. com i Pavement Engineering Inc 3485 Sacramento Drive Ste A San Luis Obispo CA 93401 Joe Ririe 805-781- 2265 [email protected] Landscape Architecture
AECOM 5001 E. Commercenter Dr Ste 100 Bakersfield CA 93309 Ben Horn 661-283- 2328 ben. horn@aecom. com IBI Group 75 East Santa Clara St Ste 100 San Jose CA 95113 Jennifer Moore 408- 924- 0811 iennifer. moore@ibigroup. com I Kimley-Horn 660 South Figueroa Street Ste 2050 Los Angeles Ca 90017 Nicole Dias 213-261- 4040 nicole. dias@kimlev-horn. com I Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836-9834 [email protected] i Moore lacofano Goltsman, Inc 109 W Union Ave Fullerton CA 92832 Steve Lang 714-871-3638 stevel@miecom. com i NV5, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559-661- 5220 Jeff. Pallesen@nv5. com Parsons 9600 Ming Avenue ISte 310 Bakersfield CA 93311 Gregory Z Gharib 661-699- 1100 [email protected] I PlaceWorks 3 MacArthur Place ISte 1100 Santa Ana, CA 92707 Randal W Jackson 714-966- 9220 Iriackson0placeworks.com i Quad Knopf Inc 5080 California Avenue ISte 220 Bakersfield CA 93309 Cathy Williams 661-616- 2600 ICathy.WilliamsCaDclkinc.com 1 Sustainable Recreation Design 524 N. Third St ISte 1 Bishop CA 93514 Anthony Perkins 714-469-4202 tone@srd-la. com Survey & Mapping Services (Geographic Information Systems) L 4 Creeks, Inc 324 S. Santa Fe Street Ste A Visilia Ca 93292 Lisa Wallis-Dutra 559-802- 3052 1isawd04-creeks. com Ardurra Group, Inc. 1401 Commercial Way Ste 100 Bakersfield CA 93309 Dolores Salgado 661-529- 2190 dsaleado@ardurra. com I Dewalt Corporation 1930 22nd Street Bakersfield CA 93301 Michael Todd Wood 661-323- 4600 [email protected] I Diversified Project Services International 5351 Olive Drive Ste 100 Bakersfield CA 93308 Robert Chambers 661-371- 2800 robertc@dpsiinc. com i EXP US Services, Inc 330 North Boulevard Ste 950 Glendale CA 91203 Anh Case 818-539- 1110 anh. case@exp. com KSI Engineering, Inc 6205 District Boulevard Bakersfield CA 93313 Matthew J Lanzer 661-617- 1700 [email protected] Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661-836-9834 rmever@meverce. net Moore lacofano Goltsman, Inc 109 W Union Ave Fullerton CA 92832 Oscar Johnson 714-871- 3638 rmever@meverce. net New Gen Engineering Group Inc. (f.k. a. McIntosh) 2001 Wheelan Court Bakersfield CA 93309 Blaine Neptune 661-834-4814 bneptuneCcDmcintoshassoc. com NVS, Inc 2109 West Bullard Avenue Ste 145 Fresno CA 93711 Jeff Pallesen 559-661-5220 Jeff. Pallesen0nv5. com Quad Knopf Inc 5080 California Avenue Ste 220 Bakersfield CA 93309 Cathy Williams 661-616-2600 ibertolaccini@ordizmelby. com Ruettgers & Schuler Civil Engineers 11800 30th Street Ste 260 Bakersfield CA 93301 Ian Parks 661-327- 1969 iparks@rscivil. com o
IT Y 0
c
1 313'
Exhibit B"
Uniform Rate Schedule
OORIGINP.L
Fee Schedule
Program/ Project Management & Administration
Program Director/ Principal in Charge 305.00
Principal/ Lead Project/ Program Manager 275.00
Assistant Project/ Program Manager 230.00
Senior Program/ Project Manager 205. 0.0
Project/ Program Manager 1 140.00
Project/ Program Manager II 160..00
Project/ Program Manager III 185.00
Safety Manager 135.00
Office Manager 85.00
Clerical 70.00
QA/ QC-Technical Manger/ Editor 1.30.00
Public Outreach Specialist 120.00
Construction Inspection & Building Commissioning
Services
Principal Construction Manager $ 260.00
Construction Manager $ 220.00
Construction Inspector/ Resident Engineer $ 155.00
Construction Site Representative $ 125.00.

Building Inspector $ 105.00
Urban Planning & Design
Senior Planner $ 170.00
Planner If $ 150.00
Planner 1 $ 135.00
Associate/ Assistant Planner $ 100.00
Engineering Services
Senior/ Lead/ Principal Engineer -Engineering Manager 270.00 Project/ Program. Engineer 1 1.20.00
Project/ Program. Engineer II 160.00
Project/ Program Engineer III 210.00
Structural Engineer 160.00
Senior Structural Engineer 220.00
Engineering Aide/ Technician 95.00
Assistant Environmental Scientist 100.00
Associate Environmental Scientist 130.00
Senior Environmental Scientist 180.00
Specialty Professional/ Discipline 275.00.

CAD Designer 125.00
CAD Technician 100.00
SUE Technician 125.00
SWPPP Practitioner 150.00

Page 1 of 2 ends

Landscape Architectural Services
Senior Landscape Artist
Landscape Architect
Architectural Services
Principal Architect
Senior/Associate Architect
Architect,
Surveying -Mapping -Graphics
3- Person Survey Crew
2- Person Survey Crew
1- Person Survey Crew
Survey Coordinator/ Director
Assistant Surveyor
GIS Analyst
GIS. Specialist
Graphic Designer
Drone Operator with Camera
195.00
165. 00

Page 2 of 2 ends

220.00
205.00
190.00
380.00
300.00
200.00
180.00
110..00
150.00
145.0.0
100.00
180.00

ORIGINAL
AECOM
5001 E. Commercenter Drive
Suite 100
Bakersfield, CA 93309
www.aecom.com
661 325 7253 tel
Mr. Husain Ali
Engineer II
6901 McCutchen Road
Bakersfield, CA 93313
January 12, 2024
Wastewater Treatment Plant No. 3 Blower Replacement (E3K305) – Request for Amendment No. 1 Dear Ali:

The City of Bakersfield requested that our scope of work for the subject project be expanded to include replacing pressure relief valves, sediment traps, flame arrestors, and back-pressure relief valves for Digesters 3 through 6. We have prepared initial drawings and reviewed them with Brian Villacorta and Jim Groman who represent Varec Biogas. Following that review, our design scope was adjusted to also include a manhole pressure relief cover which is a new code requirement for digesters. The total price of the construction contract with this change should be in the range of $550,000 to $750,000. Our proposed fee increase is to provide design, bid-phase and engineering services for construction is summarized below and included in the attached staffing plan.

Summary
Design: Design services consist of two site visits, research of codes and coordination with vendors, selection of equipment and preparation of design with structural checks, prepare two drawings (one plan and one for sections and details, an additional specification section, addition to the engineering opinion of probable construction cost.
$16,300
Bidding Phase: Added services only include one more RFI. Other items are covered by our original contract.
700
Construction Phase: Engineering services during construction will consist of answering one additional RFI and two additional submittals. Other engineering services offered during construction are covered by our original contract.
2,000
Budgetary impact on total project $19,000
If you concur with the budget increase to our contract, please authorize by signing below. If you have questions regarding the addition of scope and/or fee or require further justification, please do not hesitate to call.

Yours sincerely,
William C. Black, PE
Project Manager
Accepted:

Eric Garibay, PE
Principal in Charge
City of Bakersfield
S:\City of Bakersfield\60702402 - WWTP 3 Blower Replacement\100_Contract [CONT]\110_Client_Contract [CL_CONT]\Amendment one\Added time for engineering services during construction.docx Budget
Task Description
Specialty PrincipalPrincipalEngineer IIIEngineer IIEngineer IProject Engineer IICAD TechnicianEngineering TechTotal HoursLaborNon-Labor FeeTotal Task 1 - Design Phase
Site Visits for design (assume 2) 2 0 4 4 10 $ 1,660 $ 50 $ 1,710 Research codes and with Vendors 2 0 4 8 14 $ 2,300 $ 69 $ 2,369 Design including structural check 4 12 8 24 $ 3,800 $ 114 $ 3,914 Plan Drawings (two) - $ - $ - $ -
Plan view 2 2 12 16 $ 1,760 $ 53 $ 1,813
Sections and details 2 4 12 18 $ 2,080 $ 62 $ 2,142
Additional specification section 2 4 6 $ 880 $ 26 $ 906 Opinion of Probable Construction Cost 2 4 2 8 $ 1,580 $ 47 $ 1,627 Quality Control & Project Management 2 2 2 2 3 11 $ 1,765 $ 54 $ 1,819 Subtotal 8 4 6 - 26 32 28 3 107 $ 15,825 $ 475 $ 16,300 Task 2 - Bidding Phase
Attend Pre-Bid Meeting (already included) - $ - $ - $ - Respond to Bidder RFIs (One additional) 1 2 1 4 $ 685 $ 15 $ 700 Prepare Addenda (One assumed for project. No additional assumed with this change) - $ - $ - $ - Review Bids and recommend lowest responsible bid (already included) - $ - $ - $ - Subtotal - 1 - - - - 2 1 4 $ 685 $ 15 $ 700
Task 3 - Construction Phase
Attend Pre-Construction Meeting (Already included) - $ - $ - $ - Respond to RFIs (One additional) 1 2 1 4 $ 685 $ 15 $ 700 Review Submittals (two additional) 1 2 4 1 8 $ 1,245 $ 55 $ 1,300 Electrical Site Visit (not required for change) - $ - $ - $ - Change Order (Assume 1)(already included with main project) - $ - $ - $ - Field Visits & Meetings (Assume 4)(already included with main project) - $ - $ - $ - Subtotal - 2 - - 2 - 6 2 12 $ 1,930 $ 70 $ 2,000
Total 8 7 6 - 28 40 28 6 123 $ 18,440 $ 560 $ 19,000
Personnel Hours
1/12/2024 Page 1 of 1
AECOM
5001 E. Commercenter Drive
Suite 100
Bakersfield, CA 93309
www.aecom.com
Mr. Husain Ali, PE
Engineer II
Department of Water Resources, Wastewater Division
City of Bakersfield
6901 McCutchen Road
Bakersfield, CA 93313
May 7
th, 2025
Subject: Proposal for Amendment #2 for Wastewater Treatment Plant No. 3 Blower Replacement (E3K305) Dear Ali:

AECOM Technical Services, Inc. (AECOM) is currently assisting the City of Bakersfield (City) with construction engineering services for the subject project per the City’s Agreement No. 2023-024 as amended. The equipment manufacturer for the blower skids has a procurement lead time of 40 weeks, extending the construction phase past what was originally anticipated during the preparation of the proposal. To date, we have received the anticipated number of Requests for Information (RFI’s) in the original scope of work and anticipate receiving additional RFI’s when construction on the blower skids begins. In addition, during the contractor’s preconstruction efforts, it was found that the MCC room did not have the ability to accommodate breakers for the new chillers resulting in an increase in the number of RFI’s, meetings, and revisions to the design. Separately, the City requested to add the replacement of the master control panel and revision of the blower panels manufacturer from Allen Bradley to Schneider Electric which will result in additional support efforts.

The extensive construction phase timeline, additional RFI’s, and revisions to the electrical design will result in an overrun of the existing budget. AECOM anticipates that additional time will be needed of AECOM to resolve issues that may arise as well as responding to additional submittals and RFI’s.

AECOM anticipates additional scope as follows:

RFI’s and Submittals:

A total of 12 RFI’s and 9 submittals have been received to date with no major construction taken place yet. It is anticipated that additional support will be needed when construction begins as follows. • Respond to an additional 14 RFI’s.
• Review an additional 2 Submittals. (master control panel, and blower skids control panel resubmittal) Electrical Changes
• Per the City’s direction, the Blower Master Control Panel will be replaced. Its replacement was not part of the original scope of work. No design changes are anticipated, however; the additional effort includes time to support the City to integrate the change into the project including attending additional meetings and an additional submittal review.
• The lack of room in MCC-5 to fit the breakers and buckets for the blowers and the chillers (RFI 003) led to revisions to the electrical design drawings including the addition of an electrical panel. This change is considered a betterment to the project as the efforts alleviate the congestion in the MCC room. This resulted in additional efforts from AECOM.

AECOM has exhausted our current construction phase engineering budget of $27,000 and is respectfully requesting that the City consider issuing an amendment in the amount of $26,512.50 to provide additional construction phase engineering support services. We are proposing the City reallocate unused budget of $6,512.50 from the Bidding phase to the Construction phase for this work, resulting in a net change order of $20,000.00. Our proposed fee increases is summarized below and detailed in the attached staffing plan.

Page 2 of 2 ends

Previous Task Total Amendment 2 Change New Task Total
Task 1: Design Phase (LS) $134,300.00 $0.00 $134,300.00 Task 2: Bidding Phase (T&M) $9,700.00 -$6,512.50 $3,187.50 Task 3: Cons. Support (T&M) $27,000.00 $26,512.50 $53,512.50 Total $171,000.00 $20,000.00 $191,000.00
We appreciate your review and look forward to your response. If you have questions regarding the addition of scope and/or fee or require further justification, please do not hesitate to call.

Yours sincerely,
Yeimy G. Fernandez-Ojeda, PE
Project Manager
Accepted:

Eric Garibay, PE
Principal in Charge
City of Bakersfield
S:\City of Bakersfield\60702402 - WWTP 3 Blower Replacement\100_Contract [CONT]\110_Client_Contract [CL_CONT]\Amendment one\Added time for engineering services during construction.docx Project Budget - Amendment No. 2
WWTP Blower Replacement City of Bakersfield
Budget
Task Description
Specialty PrincipalPrincipalSenior IISenior IAssociateCAD SupervisorCAD OperatorClericalTotal HoursLaborNon-Labor FeeTotal Task 1 - Design Phase
Kickoff Meeting & Site Visit including minutes - $ - $ - Concept Plan and Process Control Narrative - $ - $ - $ - Technical Specifications - $ - $ - $ -
Plans - $ - $ - $ -
- General Sheets (Cover, notes, symbols abbreviations, Demo Plan)- 3 sheets - $ - $ - $ - - Mechanical Sheets (Process control, Piping schematic, Equipment layout, Piping layout) 5 sheets - $ - $ - $ -
- Structural Sheets (General and notes, Foundations and Canopy) 5 sheets - $ - $ - $ - - Electrical & Instrumentation 10 sheets - $ - $ - $ -
Opinion of Probable Construction Cost - $ - $ - $ -
Quality Control & Project Management - $ - $ - $ -
Subtotal - - - - - - - - - $ - $ - $ -
Task 2 - Bidding Phase
Attend Pre-Bid Meeting $ - $ - $ -
Respond to Bidder RFIs (Assume 5) $ - $ - $ -
Prepare Addenda (Assume 1) $ - $ - $ -
Review Bids and recommend lowest responsible bid $ - $ - $ - Subtotal - - - - - - - - - $ - $ - $ -
Task 3 - Construction Phase
Attend Pre-Construction Meeting - - $ - $ - $ -
Respond to RFIs (Assume 14 Additional) 4 8 30 5 47 $ 7,855 $ 236 $ 8,091 Review Submittals (Assume 2 Additional) 4 8 5 17 $ 3,055 $ 92 $ 3,147 Electrical Support for Addition of MCP 2 2 4 12 5 25 $ 4,145 $ 124 $ 4,269 Electrical Support Change in MCC (RFI #003) 8 2 6 12 10 4 42 $ 7,320 $ 266 $ 7,586 Electrical Site Visit - $ - $ - $ -
Change Order - $ - $ -
Field Visits & Meetings (Assume 2) 4 4 6 2 16 $ 3,320 $ 100 $ 3,420 Subtotal 22 8 32 - 54 10 - 21 147 $ 25,695 $ 818 $ 26,513 Total 22 8 32 - 54 10 - 21 147 $ 25,695 $ 818 $ 26,512.50 Personnel Hours
5/7/2025 Page 1 of 1

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 25, 2025
SUBJECT: Contract Change Order No. 2 to Agreement No. 2024-084 with GSE Construction Co. ($15,351.00 Revised not to exceed $3,170,260.00) for the Wastewater Treatment Plant No. 2 Bar Screen Rehabilitation Project (Ward 1) RECOMMENDATION:

Staff recommends approval of the contract change order.

BACKGROUND: The work to be performed consists, in general, of the replacement of existing mechanical bar screen and conveyor system and installation of electrical and instrumentation equipment at the Wastewater Treatment Plant No.2.

Contract Change Order No.2 provides for the demolition and removal of the existing concrete wall to improve access between the main control panel and bar screens. The contractor agrees to do the abovementioned work for the lump sum price of $7,026.00.

Additionally, due to the existing bar screen being inactive and allowing debris through to the wet well, the project engineer requested additional cleaning and removal of debris from the wet well pump area prior to the installation of the new bar screen. The contractor agrees to do the above-mentioned work for the lump sum price of $8,325.00.

FISCAL IMPACT: There is no General Fund impact associated with this change order. Sewer Enterprise funding is available in Project E3K306 to cover this cost.

The total construction cost increase for the Contract Change order No.2 is $15,351.00. This is the second change order to date on the project and reflects a total cost increase of $63,260.00 (2.0 percent increase to the original contract amount) as illustrated below:

Original Contract Amount = $ 3,107,000.00
Total of Previous Change order approved by council
contingency
= $ 47,909.00
Current Contract change order = $ 15,351.00
Amended Contract Amount after Change order = $ 3,170,260.00 Net Increase to Date = $ 63,260.00
COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Contract Change Order No. 2 to Agreement No. 2024-084

ADMINISTRATIVE REPORT
MEETING DATE: 5/28/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and Council
FROM: Zachary Meyer, Public Works Director
DATE: 5/13/2025
SUBJECT: Contract Change Order No. 97 to Agreement No. 18-176 with Security Paving Company (increase compensation by $40,000.00; revised not to exceed $51,987,387.03) for the Bakersfield Freeway Connector Project (Wards 1 & 2).

RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The Bakersfield Freeway Connector Project will construct improvements along westbound State Route (SR) 58 and southbound SR-99. The improvements include an additional auxiliary lane on westbound SR58, realignment of the westbound SR-58 to southbound SR-99 connector, construction of a branch connector for SR-58 to southbound SR-99 and construction of a collector distributor along southbound SR-99 for the Ming Avenue off-ramps.

Construction Change Order (CCO) No. 97 provides additional funds for CCO No. 7 which has been depleted. CCO No. 7 allowed for the construction of a screen wall at 3408 Elcia Drive. This change order results in an estimated increase of $40,000.00.

The Contractor has refused to sign this change order alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.

FISCAL IMPACT:

The sum of all change orders to date on this project reflects a total cost increase of $3,400,992.03 which results in a 7.00% increase of the original contract amount as illustrated below:

Original Contract Amount = $48,586,395.00
Previous Change Orders = $3,360,992.03
Current Change Orders = $40,000.00
Amended Contract Agreement after CCOs = $51,987,387.03
Net Increase to date = $3,400,992.03
There is no General Fund impact associated with this change order.

Funding for these change orders is available in Project TRCC22 Centennial Corridor Bakersfield Freeway Connector.

COUNCIL GOAL:

Reliable infrastructure
ATTACHMENTS:

BFC CCO 97 - 3408 Elcia Drive Addtnl Funds

CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.

PROJECT: Bakersfield Freeway Connector Project
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309

YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.

NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 11/19/2024 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 11/19/2024 ACCOUNT NO (S) 122-4021-825-8041 TRCC22 - (144)
126-4021-825-8041 TRCC22 - (245)
151-4021-825-8041 TRCC22 - (245) INCREASE $40,000.00
335-4021-825-8041 TRCC22 - (245) DECREASE $0.00
By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: No Adjustment NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:

CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 18-176 97
PRNSL-5109(245)
CHANGE ORDER NO.

Accepted, Date:

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Extra Work at Force Account
Provide additional funds for change order No. 7 to perform the following work:

As directed by the Engineer, in accordance with Section 4-1.05 "Changes and Extra Work" perform the following work on the property at 3408 Elcia Drive along the new property line as described and shown on sheets 2 thru 4 of this change order:
1) secure the property by installing 8ft chain link fence 2) install green screen to the chain link fence installed under item 1 above 3) install green screen on the existing chain link fence along the east side of the property 4) saw cut and remove the existing masonry wall along the north side of the property 5) remove the wooden fence along the east side of the property to the new property line 6) remove/salvage improvements within the City's property limits 7) repair any damage to the remaining masonry wall or wooden fence that occurred during removal in accordance with Section 5-1.49 "Restoration of Existing Properties"
8) construct a masonry wall along the new property line that matches the existing masonry wall.

Extra Work at Force Account: $40,000.00

UNILATERAL

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 15, 2025
SUBJECT: Accept bid for the purchase of half-ton extended cab 4X2 pickup trucks.

Accept bid and approve purchase of ten (10) half-ton regular cab 4x2 pickup trucks from Motor City GMC, Bakersfield, CA in the amount of $360,315.45 ($36,031.54 per unit) for Streets Division within the Public Works Department and the Recreation and Parks Department.

RECOMMENDATION:

Staff recommend acceptance of the bid and approval of the purchase BACKGROUND:

Bids were solicited for ten (10) half-ton regular cab 4x2 pickup trucks for the Streets Division within the Public Works Department and the Recreation and Parks Department. Four bids were received in response to the solicitation.

This purchase will replace ten units, each more than ten years old and past their useful life. The units meet the criteria for replacement as determined by the Fleet Division and will be replaced with newer and more efficient units
The four bids received are as follows:

BIDDER AMOUNT MAKE/MODEL BID
Motor City GMC
Bakersfield, CA $360,315.45 GMC1500 4X2 REB CAB LWB
Peoria Ford
Peoria, AZ $397,971.97 Ford2024 F-150 4X2 CAB Exterior
Fremont Chevrolet
Fremont, CA $417,508.08 Chevrolet1500 Silverado
UAG Cerritos I, LLC
Cerritos, CA $423,740.44
Chevrolet
Silverado 1500 REG CAB Long
Bed
Staff find the bid submitted by Motor City GMC, Bakersfield, CA for $360,315.45 ($36,031.54 per unit) to be acceptable and recommend approval of the purchase.

FISCAL IMPACT:

Sufficient funds are budgeted in the Equipment Management Fund for this purchase.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

N/A

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 15, 2025
SUBJECT: Purchase of a trailer mounted pressure washer for the Recreation & Parks Department.

1. Accept bid and approve purchase of one (1) trailer mounted pressure washer from Williams Cleaning System, LLC, Bakersfield, CA ($14,372.28) for the Recreation & Parks Department.

2. Appropriate $2,373 Equipment Management Fund balance to the Public Works Department’s Operating Budget to fund the purchase of one unit.

RECOMMENDATION:

Staff recommend acceptance of the bid and approval of the appropriation.

BACKGROUND:

Bids were solicited for one (1) trailer mounted pressure washer for the Recreation & Parks Department.

Three bids were received in response to the solicitation.

This purchase will replace a unit that is more than 19 years old and past its useful life. The unit meets the criteria for replacement as determined by the Fleet Division and will be replaced with a newer and more efficient unit.

The three bids received are as follows:

BIDDER AMOUNT
Williams Cleaning System, LLC
Bakersfield, CA $14,372.28
REJ California Group Inc., dba
Brock’s Trailer
Bakersfield, CA
$19,059.20
Steam Cleaners, Inc
Bakersfield, CA $20,558.26
Staff find the bid submitted by Williams Cleaning System, Bakersfield, CA for $14,372.28 to be acceptable and recommend approval of the purchase.

FISCAL IMPACT:

Funds in the amount of $12,000 are budgeted in the Equipment Management Fund for this purchase. An appropriation in the amount of $2,373 will be necessary to complete the purchase of one unit for the Recreation & Parks Department.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

None

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: MISCELLANEOUS TO: Honorable Mayor and City Council
FROM: Kevin Albertson, Interim Fire Chief
DATE: May 15, 2025
SUBJECT: Appropriate $26,042 in grant funds from the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program
Appropriate $20,000 in grant funds to the Fire Department operating budget to purchase a new alternative fuel utility terrain vehicle and appropriate $6,042 to purchase a new electric bicycle for the emergency medical services EMS program, for a total of $26,042.

RECOMMENDATION:

Staff recommends approval of the appropriation.

BACKGROUND:

In response to the emergency medical assessment and treatment needs during large events, the Bakersfield Fire Department would like to expand the EMS program with the addition of a new alternative fuel utility terrain vehicle (UTV) and a new electric bicycle. The EMS team consists of Fire Department EMTs and paramedics capable of providing advanced life support (ALS) assessment and care at events like the Bakersfield Marathon, the Bakersfield Christmas Parade, and other events where large crowds or event layouts create challenges for a traditional fire engine response. The electric bicycle and UTV will allow EMTs and paramedics faster access to patients during these events. This team will be staffed by existing EMTs and paramedics on an on-call basis. The UTV will also be used for the department’s urban search and rescue program which responds throughout the state.

The Fire Department was successfully awarded $26,042 in grant funding from San Joaquin Valley Air Pollution Control District Public Benefit Grant Program and recommends appropriation of grant funds in the amount of $20,000 to purchase one alternative fuel UTV and $6,042 for an electric bicycle. The total cost of the UTV is $29,764.91, the balance will be covered by the Fire Department’s general fund operating equipment budget.

FISCAL IMPACT:

The majority of funding for equipment will be provided by reimbursable grant funds, and the balance will be covered by the general fund equipment budget. Leveraging local grant dollars to offset City costs reduces the use of City General Funds.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

N/A

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kevin Albertson, Interim Fire Chief
DATE: May 14, 2025
SUBJECT: Appropriate federal and State grant funds from statewide master mutual aid assignments to the Fire Department General Fund operating budget
Appropriate $1,744,818 in Federal grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $322,761 in state grant funds from the California Office of Emergency Services to the Fire Department operating budget within the General Fund for reimbursement of personnel and equipment costs on statewide master mutual aid assignments.

RECOMMENDATION:

Staff recommends approval of the appropriation.

BACKGROUND:

The Bakersfield Fire Department participated in numerous Strike Team deployments (statewide master mutual aid) to significant emergency events during the 2023-2024 and 2024-2025 fire season. Federal reimbursements include $1,744,818 from the US Forest Service and USDI Bureau of Land Management, and State reimbursements of $322,761 from California Office of Emergency Services. The total reimbursement amount to the City is $2,067,579.

When firefighters are working on mutual aid assignments, the City is reimbursed for labor costs at the overtime rate for the entire deployment and equipment costs are reimbursed on an hourly basis. The Fire Department’s operating budget has already incurred these costs by paying the overtime and equipment costs. This reimbursement is needed to appropriate these funds back into the Fire Department’s budget.

FISCAL IMPACT:

All funds are reimbursed by federal and state departments, therefore no fiscal impact to the City General Fund.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

N/A

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 14, 2025
SUBJECT: Appropriation of CalRecycle Grant funds
Appropriate $84,401 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund.

RECOMMENDATION:

Staff recommends approval of appropriation.

BACKGROUND:

The City has received a $84,401 grant from the California Department of Resources, Recycling and Recovery (CalRecycle) for Fiscal Year 2025-26 from the Local Government Waste Tire Enforcement Grant Program. The grant will offset funding for Code Enforcement staff time directly related to the development, monitoring and implementation of a program to educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal disposal of waste tires.

The California Department of Resources, Recycling and Recovery, over the past grant cycles have reimbursed the City over $647,872 through the Tire Enforcement Grant Program. In that time, Code Enforcement staff has conducted 3,695 inspections of waste tire generators and identified over 1,520 piles of illegally dumped tires within the City’s jurisdiction. Over 19,718 illegally dumped tires have been abated by private property owners, Code Enforcement or through other CalRecycle Grant programs. Code Enforcement has referred five cases to the District Attorney’s Office for prosecution of tire related violations of State law. Code Enforcement staff has conducted 1,290 hours patrolling the City for tire related activities, conducted 1,181 hours of surveillance and received over 992 hours in training from the California Department of Resources, Recycling and Recovery.

FISCAL IMPACT:

This action will result in the City being able to utilize State Grant funds and will offset funding for the Development Services operating budget and reduce the use of General Funds. No Impact adverse impact to the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
Innovative and Efficient City Government

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kevin Albertson, Interim Fire Chief
DATE: May 15, 2025
SUBJECT: Appropriate $77,250 from the California Governor’s Office of Emergency Services grant funds to the Fire Department Operating budget within the General Fund to provide training to local Regional Task Force members and for the purchase of necessary equipment and training consumables.

RECOMMENDATION:

Staff recommends approval of the appropriation.

BACKGROUND:

The Bakersfield Fire Department (BFD) is the host agency for Urban Search & Rescue (US&R) Regional Task Force 11 (CA-RTF11) that covers Kern County jurisdiction. There are currently ten Regional Urban Search & Rescue Task Forces located throughout the State of California. Each Regional US&R Task Force is comprised of 29 people specially trained and equipped for large or complex urban search and rescue operations. The multi-disciplinary organization provides five functional elements: Command, Search, Rescue, Medical, and Logistics. The funding allocation from Cal OES shall provide specified training for CARTF11 team members, including continuing education to maintain competency, and for the purchase of equipment and training consumables.

As the host agency for Regional Task Force 11, the BFD was awarded $77,250 in 2023 to execute a mobilization training exercise for team members. In 2024 Cal OES awarded BFD an additional $92,700 for training and equipment. Cal OES has since made available an additional $77,250, for a total of $247,200, for additional training and equipment. BFD seeks approval to appropriate the funds for necessary training, equipment, and training consumables specific to CA-RTF-11 certification.

FISCAL IMPACT:

Funding for equipment will be provided by reimbursable State grant funds.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

None

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent – Miscellaneous TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 16, 2025
SUBJECT: Adaptive Signal Coordination Calloway Drive between Rosedale Highway and Olive Drive Appropriate $747,208 in Federal Carbon Reduction Program (CRP) funds to the Public Works Department’s Capital Improvement Program budget within the Federal and State Road Fund for said project.

RECOMMENDATION:

Staff recommends the appropriation of funds for Adaptive Signal Coordination Calloway Drive between Rosedale Highway and Olive Drive.

BACKGROUND:

The proposed project will install new communication equipment along the street segments of Calloway Drive between Rosedale Hwy and Olive Drive. This new fiber optic communication system will enable transportation professionals to proactively manage traffic flow and promote mobility through real-time traffic data collection and management tools. New software and signal controller units will allow for optimal signal timing across arterial network by adjusting cycle lengths, phase splits, and offsets based on prevailing traffic. It offers local agencies a viable and cost-effective migration path to modern technology.

The robust data collection and control strategies help reduce congestion and harmful emissions.

The interconnected traffic signal corridor will be connected to the City of Bakersfield’s Traffic Operations Center (TOC) to better enable City staff to monitor and improve corridor timing and traffic flow. Traffic signals connected to the City’s TOC will also warn staff when a signal is not functioning properly, allowing a quicker response time so the corridor in question can return to peak operating performance quickly.

The City received Carbon Reduction Program (CRP) grant funding totaling $747,207.60 from the U.S.

Department of Transportation Federal Highway Administration for the Adaptive Signal Coordination Capital Improvement Project (CIP) on Calloway Drive from Rosedale Highway to Olive Drive. At the April 23, 2025 City Council Meeting, the City entered into an agreement with A-C Electric to construct this project. Staff inadvertently removed the appropriation agenda item from the Administrative Report and is requesting to appropriate the required funds at this time. Staff is recommending the funding be appropriated and placed in the project fund (T4K326).

FISCAL IMPACT:

This project (T4K326) is funded through the Carbon Reduction Program (88.53%) and Utility Surcharge funds, Gas Tax, and PSVS (11.47%).

COUNCIL GOAL:

Reliable Infrastructure
Innovative and Efficient City Government
ATTACHMENTS:

None

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: April 17, 2025
SUBJECT: Economic Opportunity Area Grant Agreement ($60,000) with Foxtail Lounge for business enhancements including the purchase of equipment, materials and furnishings (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.

On October 3, 2024, the City released a Notice of Funding Availability (NOFA) for the Downtown EOA Business Improvement Grant Program. The Foxtail Lounge submitted a request for their business at 2030 Chester Avenue Suite B to cover the costs associated with the purchase of equipment, materials and furnishings for a business space that is open to the public. Materials and furnishings such as flooring, wallpaper, furniture/tables, and lighting contribute to the customer experience and promote increased foot traffic and thus economic activity. The addition of security cameras improves safety for both staff and patrons of the establishment.

On January 27, 2025, staff presented to the Finance, Economic Development and Jobs the applications submitted in response to the NOFA and were directed to proceed with working with the applicants submitting the most impactful projects. Foxtail Lounge’s application received high scores for their proposed site and property enhancements.

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
Improving Community Character and Quality of Life
WARD: 2
ATTACHMENT:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: CONSENT-Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 6, 2025
SUBJECT: Agreement with St. Vincent de Paul (not to exceed $550,000) to implement Conditional Use Permit 24-0019 for the Restroom and Kitchen Remodel Project at 316 Baker Street (Ward 2)
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

St. Vincent de Paul Homeless Center (“SVDP”), located at 316 Baker Street, is a 29,228 square foot, very low-to-no-barrier day center serving the homeless population since 1954. SVDP serves as a community space where people come to eat, use the restroom, take a shower, and rest in an environment that is welcoming and safe for all. In addition to those experiencing homelessness, the center provides food and beverages to anyone in need and distributes food baskets, hygiene kits, clothing, and mail as needed. The facility provides space for clinical and behavioral health services, substance abuse counseling and case management.

Since 2022, SVDP has increased the serving of meals from 200 a day, to 375 meals a day. The additional people served has increased the use of restrooms and showers and has severely impacted the capacity of the center’s kitchen. The proposed project will upgrade and expand the restroom/shower units and kitchen space, including the replacement of aging appliances and infrastructure to improve efficiency and service delivery.

On January 16, 2025, the Bakersfield Planning commission approved Conditional Use Permit (CUP) 24- 0019 for the proposed project. Community outreach was conducted including a community meeting, letters to adjacent residences and businesses, as well as an invitation for public comment at the Planning Commission meeting. All comments received were incorporated into the CUP.

The following is a summary of the proposed improvements:

Upgraded Bathrooms
The SVDP homeless center has four bathrooms and two showers which are used extensively each day.

These units were built approximately 14 years ago with a much lower traffic footprint in mind. The project will upgrade and expand the four existing bathrooms and two showers to meet current demand.

Upgraded Kitchen
The SVDP commercial kitchen was built in 2010 and is used extensively throughout the week to cook and serve meals to those in need. The project will increase the current cooking and serving space, replace outdated fixtures and appliances, and increase the refrigeration space. The kitchen expansion will also include the repair of the HVAC unit.

It should be noted at the May 19, 2025, Department Budget Presentations there was an item included that could provide for future Operations at St. Vincent de Paul. The project before council today does not include operations, but is a request to make needed improvements to a facility that has been serving homeless population since 1954. Therefore, staff recommends the City award SVDP $550,000 in PSVS funds for the remodel and expansion of the bathroom and kitchen facilities.

FISCAL IMPACT:
$550,000 budgeted in PSVS FY 2024-25
COUNCIL GOAL:

Community Character & Quality of Life
COUNCIL WARD: 2
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Public Hearings TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 6, 2025
SUBJECT: Public Hearing to consider economic subsidy agreement with BIOS Health Ltd (not to exceed $250,000) to provide an economic subsidy for the implementation of a Precision Medicine Initiative in Bakersfield
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

Per the City’s Economic Development Strategic Plan, adopted by City Council on September 14, 2021, the Economic and Community Development (ECD) Department desires to position Bakersfield as a destination for innovation and promote the retention, transition, and expansion of the region’s traditional mainstay industries.

On January 24, 2024, the City entered into Agreement No. 2024-034 with BIOS Health Ltd to facilitate the expansion of its business operations from the United Kingdom and Canada to Bakersfield, California. BIOS is a specialist in the field of neuroscience, machine learning, artificial intelligence, engineering, and medicine. The original economic subsidy of $250,000 enabled BIOS to expand their operations to Bakersfield, advance strategic partnerships, secure additional investments, and develop a proposal for a projected Precision Medicine Initiative (PMI) in Kern County.

As outlined in the Public Safety and Vital Services (PSVS) Measure N priorities, the City desires to prioritize job creation through economic development and business retention, attraction and development. BIOS has proposed to collaborate with California State University, Bakersfield (CSUB) and Dignity Health to support the development of the PMI and contribute to broader workforce development efforts in the region.

Per CA Government Code Section 53083, the City Council of the City of Bakersfield must hold a noticed public hearing and, prior to the public hearing, provide information on the economic development subsidy in written form available to the public through the City’s website. Notice was posted on May 16, 2025.

FISCAL IMPACT:
$250,000 in PSVS funds
COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

1. Agreement

2. Economic Subsidy Report
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AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and BIOS HEALTH LTD, a British corporation authorized to do business in California (referred to herein as “BIOS”).

R E C I T A L S
WHEREAS, in line with the CITY’s Economic Development Strategic Plan adopted by City Council on September 14, 2021, the Economic and Community Development (ECD) Department desires to position Bakersfield as a destination for innovation and promote the retention, transition and advancement of the region’s traditional mainstay industries; and
WHEREAS, BIOS has submitted to CITY a timeline of goals, consisting of a case study and a commercial hub proposal, identifying the need for a commercial hub in North America; and
WHEREAS, on January 24, 2024, CITY entered into Agreement No. 2024-034 with BIOS in the amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) to facilitate the expansion of its overall business operations to Bakersfield, California, secure other investments, advance strategic partnerships such as local hospitals; and
WHEREAS, BIOS has created a local presence and has been collaborating with Dignity Health and California State University of Bakersfield for the development and growth of the Precision Medicine Initiative (PMI) to support broader ecosystem and workforce development efforts in Bakersfield, as more specifically described in Exhibit “A,” attached hereto and incorporated by reference herein; and
WHEREAS, CITY’s support and collaboration with BIOS will accelerate the CITY’s broader economic development goals through fundamental innovation and research and development; and
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WHEREAS, the CITY desires to utilize Public Safety and Vital Services (PSVS) Measure funds to reimburse costs of business expansion and development assistance to BIOS; and
WHEREAS, CITY’s assistance to BIOS is consistent with PSVS Community Priority No. 11, concerning job creation through economic development, business retention, attraction and development of BIOS’s workforce development; and WHEREAS, BIOS has also provided a proposal for their projected West Coast PMI job creation, as more specifically described in Exhibit “B,” attached hereto and incorporated by reference herein; and
WHEREAS, CITY desires to jointly position Bakersfield and BIOS as global leaders in the neural and artificial intelligence space; and WHEREAS, CITY desires to further assist BIOS by contributing to the expansion of BIOS’s operations to Bakersfield and the development of BIOS’s West Coast clinical and commercial hub in Bakersfield; and
WHEREAS, BIOS represents that BIOS is experienced, well qualified and a specialist in the field of neuroscience, machine learning and artificial intelligence, hardware and software engineering, and medicine; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and BIOS mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), BIOS shall perform the following: the establishment of a Precision Medicine Initiative in Bakersfield, as more particularly described in Exhibit “A,” attached hereto and incorporated by reference herein (“Scope of Work”).

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay BIOS as follows for performing the Scope of Work (“Compensation”):

2.1 Fees shall be paid in four (4) quarterly installments of SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500) for a total
compensation of TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000), in accordance with the outline of goals.

CITY will pay BIOS within 30 days after BIOS submits an itemized invoice in accordance with the Scope of Work and that invoice is approved by CITY.

The Compensation will be the total amount paid to BIOS for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 3 of 11 S:\EDCD_Shared\Economic Development\EDSP\Business Care\Business Retention, Expansion, And Attraction\Attraction - Relocation\BIOS\Agreement\REVISED Agreement_BIOS Health.Docx
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and taxes. CITY will pay no other compensation to BIOS. In no case will CITY compensate BIOS more than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.

5. COMPLIANCE WITH ALL LAWS. BIOS shall, at BIOS’s sole cost, 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.

6. INDEPENDENT CONTRACTOR. This Agreement calls for BIOS’s performance of the Scope of Work as an independent contractor. BIOS 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 BIOS other than that of an independent contractor.

7. DIRECTION. BIOS retains the right to control or direct the manner in which the services described herein are performed.

8. EQUIPMENT. BIOS will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

9. STARTING WORK. BIOS shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.

10. KEY PERSONNEL. BIOS shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement.

BIOS shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 4 of 11 S:\EDCD_Shared\Economic Development\EDSP\Business Care\Business Retention, Expansion, And Attraction\Attraction - Relocation\BIOS\Agreement\REVISED Agreement_BIOS Health.Docx
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the key personnel are approved, BIOS shall not change such personnel without CITY’s written approval, which will not be unreasonably withheld.

11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.

12. LICENSES. BIOS shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for BIOS to practice its profession and perform the Scope of Work. If BIOS is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If BIOS is a partnership, at least one partner shall hold the required licensees or professional degrees.

13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of BIOS’s profession in California.

14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any 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.

16. INSURANCE.

16.1 Types and Limits of Insurance. In addition to any other insurance or Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 5 of 11 S:\EDCD_Shared\Economic Development\EDSP\Business Care\Business Retention, Expansion, And Attraction\Attraction - Relocation\BIOS\Agreement\REVISED Agreement_BIOS Health.Docx
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security required under this Agreement, BIOS must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

16.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos 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 $1,000,000 per occurrence.

16.1.2 Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence.

The policy must:

16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; and

16.1.2.2 Provide products and completed operations
coverage; and

16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and

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

16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, BIOS
must submit to CITY the following certification before
beginning any work:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
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the work of this contract.

By executing this Agreement, BIOS is submitting the
certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

16.2 General Provisions Applying to All Insurance Types.

16.2.1 All policies required of BIOS must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, BIOS may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may 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.

16.2.2 All policies required of BIOS must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
BIOS’s insurance and must not contribute with it.

16.2.3 The insurance required above, except for workers’ compensation insurance, must 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 CITY in
writing.

16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

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16.2.5 Full compensation for all premiums which the BIOS is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.

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

16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for BIOS, and all subcontractors must agree in writing to be bound by the provisions of this section.

17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify BIOS of third party claims relating to this Agreement. CITY shall be allowed to recover from BIOS, and BIOS shall pay on demand, all costs of notification.

18. INDEMNITY. BIOS shall indemnify, defend, and hold harmless CITY and CITY’s 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 BIOS or BIOS’s employees, agents, independent BIOS’s, 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.

19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 8 of 11 S:\EDCD_Shared\Economic Development\EDSP\Business Care\Business Retention, Expansion, And Attraction\Attraction - Relocation\BIOS\Agreement\REVISED Agreement_BIOS Health.Docx
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may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

20. ACCOUNTING RECORDS. BIOS shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at BIOS's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

22. 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.

23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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 Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $40,000 Page 9 of 11 S:\EDCD_Shared\Economic Development\EDSP\Business Care\Business Retention, Expansion, And Attraction\Attraction - Relocation\BIOS\Agreement\REVISED Agreement_BIOS Health.Docx
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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
Bakersfield, California 93301
BIOS: BIOS HEALTH LTD
8 Bateman Mews
Cambridge
CB2 1NN
Cambridge, UK

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 BIOS pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

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34. TAX NUMBERS.

BIOS’s Federal Tax ID Number __________________
BIOS 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" “BIOS”

CITY OF BAKERSFIELD BIOS HEALTH LTD
By:________________________________ By:_________________________________

KAREN GOH EMIL HEWAGE
Mayor Chief Executive Officer
[Additional Signatures on Following Page]
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APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY DEVELOPMENT

DEPARTMENT
By:_______________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________

VIRGINIA GENNARO
City Attorney
Insurance:____________
COUNTERSIGNED:

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachments: Exhibit “A” – West Coast Hub
Exhibit “B” – Proposed West Coast Team Growth
Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 Exhibit “A”
West Coast Hub
2025-26 Plan for Establishing a Clinical & Commercial Hub in Bakersfield, CA, USA Q1 2025 Q2 2025 Q3 2025 Q4 2025 Q1 2026
City of Bakersfield
Award
N/A $150k $33.3k $33.3k $33.3k
Main Goals N/A ● Support California
State University,
Bakersfield with
fundraising and
development of
Precision Medicine
Initiative (PMI).
● Support planning
of “Unbound”
Capital Summit.
● Advise on site
plans for PMI.
● Advance
discussions and
applications with
State and County
incentive
programs.
● Develop HR
strategy for clinical
and administrative
positions.
● Convene
institutional capital
and acclaimed
entrepreneurs in
Bakersfield.
● Secure equipment
and space
improvements for
PMI.*
● Present and
facilitate at
Unbound.
● Outline and begin
fundraising for
long-term West
Coast Precision
Medicine Hub.
● Activate PMI*
● Begin staffing and
operations for
development of
larger Precision
Medicine Hub.
*Purchase of Equipment and Activation of PMI contingent on successful completion of fundraising and program development by PMI partnership.

Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 Exhibit “B”
Proposed West Coast Team Growth*
2025-27 Plan for Job Growth
Year New West Coast
Related Roles
Description Total Team (End of Year)
2025 3+1 3 x directly involved initial team (PT,
Remote)
4 2026 3 1x Admin, 1x Business Development, 1x
Clinical Product Support
7 2027 4 1x Clinical Product Lead, 1 x Clinical Trial
Support, 2x Clinical Product Support
11 *Subject to the availability of suitable funding.

Docusign Envelope ID: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 Certificate Of Completion
Envelope Id: 31F0BD73-7DC7-4446-B63D-B8FFBAEAA5E4 Status: Completed Subject: Complete with Docusign: BIOS Agreement_Final.pdf Source Envelope:

Document Pages: 13 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
5/14/2025 2:29:00 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: Docusign Signer Events Signature Timestamp
Emil Hewage
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 86.143.255.46
Sent: 5/14/2025 2:34:38 PM
Viewed: 5/15/2025 1:33:51 AM
Signed: 5/15/2025 1:34:38 AM
Electronic Record and Signature Disclosure:

Accepted: 5/15/2025 1:33:51 AM
ID: 8be49284-8eb9-49f0-8d61-610233782aae
Jennifer M. Byers
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 5/15/2025 1:34:39 AM
Viewed: 5/19/2025 8:12:41 AM
Signed: 5/19/2025 8:12:54 AM
Electronic Record and Signature Disclosure:

Accepted: 5/26/2023 10:13:24 AM
ID: ab9ab9e6-74d8-43a0-b6e5-e1f3271042ea
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Electronic Record and Signature Disclosure

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: Emil Hewage, Jennifer M. Byers
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ECONOMIC DEVELOPMENT SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 FOR AN AGREEMENT BY AND BETWEEN CITY OF BAKERSFIELD AND BIOS HEALTH LTD.

Pursuant to California Government Code 53083, the City Council of the City of Bakersfield must hold a noticed public hearing and, prior to the public hearing, provide all the following information in written form and available to the public and through the City’s website, regarding a proposed economic development subsidy to be provided by the City pursuant to an Agreement by and between the City of Bakersfield and BIOS Health Ltd. (“Agreement”). Notice was published on the City’s website for a public hearing to be held on May 28, 2025. The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regard to the Agreement. This report shall remain available to the public and posted on the City’s website until the end date of the economic development subsidy, as further described in Number 2 below.

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.

The Agreement is with BIOS Health Ltd., currently located at 8 Bateman Mews, CB2 1NN, Cambridge, United Kingdom.

2. The start and end dates and schedule, if applicable, for the economic development subsidy.

If the Agreement is approved by City Council, the subsidy begins upon execution and approval of the Agreement on May 28, 2025, and expires on June 30, 2026. Contractual extensions are permissible at the ECD Director’s discretion.

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency because of the economic development subsidy.

The economic development subsidy shall be two hundred fifty thousand dollars ($250,000).

4. A statement of the public purposes for the economic development subsidy.

The City will be assisting with funding for the expansion of BIOS Health Ltd. as it develops a West Coast commercial research hub, in the amount of $250,000. The purpose of the expansion will be to bring new industry and jobs to Bakersfield to accelerate the broader economic development goals through fundamental innovation, medical research and development, machine learning and artificial intelligence manufacturing in Kern County.

BIOS will continue to support the development and growth of a Precision Medicine Initiative through California State University, Bakersfield, the purpose of which is to support broader ecosystem and workforce development. If BIOS does not receive these funds, it will be unable to contract key local and international advisors who will accelerate this initiative.

The economic development subsidy includes a grant ($250,000) for assistance with the establishment of a West Coast clinical and commercial hub in Bakersfield. The public purpose of the subsidy aligns with the City’s Public Safety and Vital Services (PSVS) Community Priority No. 11 to encourage job creation through economic development, workforce development, business retention and attraction.

5. The projected tax revenue to the local agency as a result of the economic development subsidy.

The City of Bakersfield is proposing an economic subsidy for BIOS Health to establish a state-ofthe-art precision medicine center in Bakersfield. BIOS Health is a research and development company that will not produce sales tax revenue to the local agency. The benefits this economic subsidy offers are job creation, enhanced quality of life, land use and development, and bringing new industry to Kern County.

6. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

Subject to the availability of suitable funding, BIOS Health Ltd. estimates four (4) part-time, remote positions in 2025; three (3) full time positions in 2026 defined as one administrative, one business development, and one clinical product support position; and four (4) full time positions in 2027 defined as one clinical product lead, one clinical trial support, and two clinical product support positions.

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Public Hearings TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 1, 2025
SUBJECT: CDBG-CV Grant Closeout
Public Hearing to receive comments related to Community Development Block Grant Coronavirus Aid, Relief, and Economic Security Act before Grant Closeout.

RECOMMENDATION:

Staff recommends Council receive and file public comments.

BACKGROUND:

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in response to the impacts of the COVID-19 pandemic. As an entitlement jurisdiction, the City of Bakersfield received entitlement funding from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Coronavirus Aid, Relief, and Economic Security Act (CDBG-CV).

In the first round of CDBG-CV, Bakersfield received $2,272,347 in CDBG-CV entitlement funding. During the first round, applicants could receive aid for federally defined “activities” to address impacts from COVID-19 on families, businesses, and sensitive communities. The City funded four activities: Small Business Assistance Loans, Start-Up Business Expansion Grants for Micro-businesses, Small Business Technical Assistance Program, and Senior Services Operations.

The State of California received approximately $90 million in CARES Act funds that were distributed in multiple rounds by the California Department of Housing and Community Development (HCD) CDBG-CV program. HCD awarded the City of Bakersfield $4,400,000 in non-entitlement CDBG-CV2 Homekey funds for the Housing Authority of Kern County’s Milestone project, a multi-phase rehabilitation/modernization of a motel located at 1622 Union Avenue in downtown Bakersfield.

In the third round, CDBG-CV3, Bakersfield received $2,532,071 in CDBG-CV entitlement funding. During this round, applicants could receive funding for new or previously funded federally defined “activities” to address the impacts of COVID-19. The City increased funding for Small Business Assistance Loans, Startup Business Expansion Grants for Micro-businesses, Small Business Technical Assistance Program, and Senior Services Operations. Funding was provided for new activities, including the Community Action Partnership of Kern (CAPK) Food Bank Expansion and The Mission at Kern County Cooling Unit Replacement.

All funding identified has now been expended and reimbursed by HCD and HUD. Included in the activities outlined below is a percentage of funding that was utilized for “grant administration,” which is an allowable cost that was reimbursed by HUD. These funds were used to pay for City staff time, consultant time, and public hearing notices.

A public notice was published in the Bakersfield Californian and on the City of Bakersfield Economic and Community Development Department website on May 9, 2025, to accept community input regarding expenditures and accomplishments of the funding before the official close-out of the CDBG-CV grants. To date, no comments have been received. The City will submit final close-out documents to HCD before the fiscal year ends on June 30, 2025, or as directed by HCD. The table below lists the contract, subrecipient, and award amount between all CDBG-CV rounds.

Project Title and Description Funding Source & Amount
Bakersfield Senior Center
Senior Services/Operations in response to the COVID‐19 pandemic, new programs including training for seniors to become familiar with their smartphones, laptops, tablets etc. and a home delivered meals program to help serve the vulnerable clientele were added serving over 20,000 seniors.

CDBG-CV - $25,000
CDBG-CV3 - $60,000
Access Plus Capital Small Business Assistance
Provided 72 small businesses (less than 25 employees) funding for short-term working capital assistance such as rent, payroll, utilities, services & supplies, retaining or creating 260 full-time equivalent jobs.

CDBG-CV/3- $1,161,776.08
Microenterprise Business Grants
Provided 68 new or existing Micro-Business (Owner + 4 or less employees) start-up or expansion grants to address the COVID-19 pandemic.

CDBG-CV - $70,000
CDBG-CV3 - $226,700
Mission Community Services Small Business Technical Assistance Mentorship, technical assistance and initial loan/grant underwriting was provided to 50 small businesses serving 1,262 individuals.

CDBG-CV - $87,347
CDBG-CV3 - $110,000
Mission at Kern Cooling Units
Purchase and installation of 2 new commercial evaporative coolers to provide 776 guests with a safe and healthy environment during the summer months as the Mission at Kern County is a designated cooling station for the city.

CDBG-CV3 - $24,360
Community Action Partnership of Kern Food Bank Expansion Increased food storage warehouse by 40,000 Sq. ft. providing space needed to source and distribute larger quantities of food in a safer and more efficient way. Over 100,000 people served.

CDBG-CV/3 - $3,032,190.86
Milestone Housing Project
Rehabilitation/modernization of 79 units located at 1622 Union Avenue in downtown Bakersfield, converting the property into permanent supportive housing for people who are experiencing homelessness or at risk of experiencing homelessness.

CDBG-CV2 - $4,400,000
Grant Administration CDBG-CV3 - $7,044.06
FISCAL IMPACT:

All CDBG funds utilized under these contracts were 100% grant funded. No other funding was utilized that would impact general funds.

COUNCIL GOAL:

Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENT: None

ADMINISTRATIVE REPORT
MEETING DATE: May 28, 2025 AGENDA CATEGORY: Hearings
TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 23, 2025
SUBJECT: Public hearing to consider an appeal to General Plan Amendment/Zone Change No. 24- 0372 (Ward 7)
LAV//Pinnacle Consulting & Engineering, representing the Fred Giminiani 2008 Living Trust, is proposing a General Plan Amendment and Zone Change on approximately 2.63 acres generally located at the northwest corner of Taft Highway and Michele Street. The request includes:

1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.

2. General Plan Amendment to change land use designation from GC (General Commercial) and SR (Suburban Residential) to GC (General Commercial).

3. Zone Change to change zone classification from C-2 (Regional Commercial Zone) and A (Agriculture Zone) to C-2 (Regional Commercial Zone).

Lozeau Drury LLP, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), submitted an appeal to the Planning Commission's approval of the request.

RECOMMENDATION:

Staff recommends denying the appeal and upholding the Planning Commission’s recommendation.

BACKGROUND:

The project is a request to change the land use entitlements from general commercial, suburban residential, regional commercial and agriculture to general commercial and regional commercial on approximately 1.19 acres, which are a portion of an existing 2.63 acre parcel. Specifically, the applicant requests:

1. Resolution adopting a MND (Mitigated Negative Declaration) pursuant to the California Environmental Quality Act.

2. General Plan Amendment to change land use designation from GC (General Commercial) and SR (Suburban Residential) to GC (General Commercial).

3. Zone Change to change zone classification from C-2 (Regional Commercial Zone) and A (Agriculture Zone) to C-2 (Regional Commercial Zone).

Project Summary
The proposed project seeks the above approvals for purposes of having a land use designation and zoning to that is consistent within the parcel itself and with adjacent parcels. The existing parcel includes multiple land use and zoning designations, of which commercial designations cover the majority. This General Plan Amendment/Zone Change (GPA/ZC) application proposes to eliminate the split designations to result in a

2.63-acre, C-2 commercial parcel. Currently, there are no plans to develop the project site. All future developments will be analyzed for municipal and CEQA compliance which, among other things, will require sewer and drainage studies in order to retain drainage on site.

Site History
 January 28, 1998 -– City Council approved the pre-zoning of the project site and other parcels within the City’s sphere of influence as part of the 2010 Bakersfield General Plan update (Ordinance 3819).  November 21, 2017 - The project site, as one of six parcels, was annexed into the City of Bakersfield as part of Annexation No. 654 (Michele No. 1) (City Council Resolution No. 003-17) (LAFCo Resolution No. 17-12).
 January 28, 2025 - Lozeau Drury LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), submitted comments stating the proposed Mitigated Negative Declaration was insufficient and opposing the General Plan Amendment/Zone Change 24-0372. (attached)  March 20, 2025 – Braun Gosling, A Law Corporation and legal counsel for the Applicant, responded to the Lozeau Drury LLP comment letter during public comments at the Planning Commission hearing.
 March 26, 2025- Lozeau Drury LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), submitted a 168-page response appealing Planning Commission’s decision on General Plan Amendment/Zone Change 24-0372, including the Mitigated Negative Declaration. (attached)  May 2, 2025- Braun Gosling, A Law Corporation on behalf of Applicant responded to the Lozeau Drury LLP appeal indicating that a) the appellant has failed to state their interest or relationship to the project as required under the Bakersfield Municipal Code, and b) the request for an EIR under CEQA is misplaced. (attached)
Environmental Review and Determination
In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study was based on the Biological Resources Study only.

The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a lessthan- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period from December 30,2024 to January 28, 2025 (SCH No. 2024121189).

Comments Received. In addition to the comments mentioned above, the following comment was received:

1. Kern Delta Water District stated they would like to be kept informed on any development as the property boarders its Branch One Canal.

Public Notification
Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Additionally, a public hearing notice was issued via email to all interested parties that submitted written comments. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.

Planning Commission Action
The project was considered by Planning Commission on March 20, 2025. A representative of Supporters Alliance For Environmental Responsibility (“SAFER”) was present to oppose the project. Doug Gosling, legal counsel for the Applicant, was also present at the hearing. The project was scheduled for consent public hearings but was pulled for public comments. After hearing testimonies from both representatives, the Planning Commission voted unanimously in favor of the project and recommended approval to the City Council. The Planning Commission’s findings are contained in Resolution Nos. 18-25, 19-25, and 20-

25. On March 26, 2025, an appeal to the Planning Commission’s decision to approve the project was filed by Lozeau Drury LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”). The appeal states that the City failed to prepare an Environmental Impact report as required by the California Environmental Quality Act (CEQA) and on the project’s impact on local health, safety, and the environment. Pursuant to Bakersfield Municipal Code Section 17.64.090(A) and (B), an appeal is to be submitted in writing to the City Council within 10 calendar days after the Planning Commission decision.

The appeal shall include the appellant’s interest in or the relationship to the subject property, the decision or action appealed, and the specific reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld. A decision of the City Council shall be final and conclusive.

In the final analysis due to its overarching consistency with General Plan and Zoning Ordinance and its consistent with land use goals and policies as contained in the General Plan related to commercial development, as described above. Any future development proposed on the project site will be required to undergo a Site Plan Review, ensuring consistency with City development standards as put forth in the Zoning Ordinance. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element.

City Council Options
City Council has the following options regarding this appeal request:
 Deny the Appeal. If the City Council were to deny the appeal, the General Plan land use designation would be amended to GC (General Commercial); and the first reading of the ordinance would occur as part of this consideration to change the zone to C-2 (Regional Commercial). The Mitigated Negative Declaration (“MND”) prepared for this project would also be approved.
 Uphold the Appeal. If the City Council were to uphold the appeal, the project site would retain its current General Plan land use designations and zone classifications for development of residential, commercial, and agricultural uses. The applicant would have exhausted all appeals, and this application would be closed.
 Uphold the Appeal and Impose a more Restrictive Zone District.

FISCAL IMPACT:

The action to deny the appeal and uphold Planning Commission Action, will not have an adverse impact on the General Fund. If this site develops to its full land use economic potential it will have a positive impact on generating revenue for the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Resolutions

2. Attachment A: Map Set
a. GPA/ZC Aerial
b. GPA/ZC Zone Classification
c. GPA/ZC General Plan Designation

3. Attachment B: Mitigated Negative Declaration with Attachments

4. Attachment C: Planning Commission Resolutions
a. Adopt MND with Attachments
b. Approve GPA with Attachments
c. Approve ZC with Attachments

5. Attachment D: Planning Commission Staff Report

6. Attachment E: MESA Biological Study

7. Attachment F: Appeal Letter Lozeau Drury, March 26, 2025 including Comment Letter, Jan. 28, 2025

8. Attachment G: Appeal Response Letter: Braun Gosling, May 2, 2025

Page 1 of 3 ends

Bakersfield City CouncilMay 28, 2025

Bakersfield City Council
May 28, 2025