____________________________________________________________________________
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
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MANAGER AGREEMENT
Revised – February 24, 2022 Page 2 of 4 Pages
WHEREAS, on October 23, 2024, CITY and MANAGER entered into Amendment No. 6 to this Agreement 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 $26,004,979.66 (“Compensation”).
2. Except as amended herein, all other provisions of Agreement No. 19-070, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“ C I T Y ” “ M A N A G E R ”
CITY OF BAKERSFIELD AECOM Technical Services, Inc.
B y : B y :
KAREN GOH, Mayor MATTHEW GOLLAN
Managing Engineer
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
B y :
ZACHARY MEYER
Public Works Director
[Signatures on Following Page]
MATTHEW GOLLA
____________________________________________________________________________
MANAGER AGREEMENT
Revised – February 24, 2022 Page 4 of 4 Pages
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B y :
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance:
COUNTERSIGNED:
B y :
RANDY MCKEEGAN
Finance Director
Exhibits: Exhibit C-9– Supplemental Cost Proposal
S:\1 - TRIP PROJECTS\04f - Mainline and Ramps\550 - Construction\550B - Contract Amendments\AECOM\Amendment 9\Amendment 9 to 19-070.doc
Personnel
H r s$ $H r s$ $H r s$ $
Construction
Inspector
AECOM
201.03$ 90 18,092.98 $ 90 18,092.98 $ 90 18,092.98 $ 270 54,278.95 $ Resident
Engineer V&A 281.60$ 110 30,976.13 $ 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 207.53$ 0 - $ 0 - $ 0 - $ 0 - $
Office Engineer
V&A 115.30$ 90 10,377.10 $ 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$$ 538.39$ 538.39 $ 538.39 $ 1,615.18 $ FEE 10% 4,192.68$ 4,192.68 $ 4,192.68 $ 12,578.03 $ Per Diem
$200/day 2,200.00$ 2,200.00 $ 2,200.00 $ 6,600.00 $
SUB TOTAL LABOR
+O D C 90,211.06$ 90,211.06 $ 90,211.06 $ 270,633.19 $ Note: Period of performance is 5/1/25-7/31/25. AECOM to provide part time inspection of punch list items.
LOADED
RATE
TOTAL
HOURS
TOTAL LABOR
$$
Exhibit C-
- Supplemental Cost Proposal
May-25 Jul-25 Jun-25