Bakersfield City Council
August 13, 2025

Request for Qualifications and Proposals (RFQ/P)
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
June 24, 2025
Firms wishing to be considered for this project should thoroughly read this RFQ/P. Information required to be provided in a Statement of Qualifications and Fee Proposal (SOQ/P) is detailed in Section VI and VII. Firms submitting an SOQ/P must do so in accordance with the requirements of Section VIII. As required by Section XI, a signed copy of the enclosed sample agreement must be submitted with an SOQ/P.

I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield operates and maintains approximately 25 miles of earthen and cement lined canals, canal rights-of-way, the 2800 Acre Recharge Area roads, the Kern River Levee System, Beardsley Canal and various other locations within the City of Bakersfield. Noxious and aquatic weeds within these areas shall be treated in accordance with the terms of this negotiated Contract using timing, methods and chemicals as stated therein.

The City plans to enter into a three year agreement with and is capable of providing all necessary field and professional services for the Scope of Work as described in this RFQ/P.

For the purpose of this project, the following definitions shall apply:
• OWNER is the Water Resources Department of the City of Bakersfield. • PROPOSER is a firm which submits a Statement of Qualifications and Fee Proposal in response to this RFQ/P.
• CONTRACTOR is the firm hired by the City to provide the services described in this RFQ/P.
• LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield and the County of Kern that are charged with the oversight of this type of work.
• STATE REGULATORY AGENCY refers to California Regional Water Quality Control Board (CRWQCB).
• FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the work, such as the EPA.

II. SERVICES TO BE PROVIDED BY THE CONTRACTOR (SCOPE OF WORK) A. The CONTRACTOR shall include professional staff and equipment to provide all services necessary for the performance of this project, including but not limited to,

1. Herbicide application of noxious weeds;

2. Aquatic Weed control application of Beardsley Canal;

3. Interpretation of application results;

4. Preparation of spray application monitoring reports; and

5. Submittal of the reports to the OWNER.

B. The CONTRACTOR’s Scope of Work will include, but not be limited to, the following services:

This work shall consist of furnishing and applying all herbicide, pre-emergent, aquatic herbicide and dye to the vegetation and invasive weeds growing on approximately 450 gross acres of City of Bakersfield Canal rights-of-way, the 2800 Acre Recharge Area, the Kern River Levee System, Beardsley Canal and various other locations within the City of Bakersfield on an on-call as-needed basis. Herbicide treatment shall be conducted as follows: Pre-emergent (Diuron or equivalent) with Blazon® Blue Spray Dye shall be applied twice a year; once in the fall between (October and December) and once in the spring between (March and April). Roundup or equivalent with Blazon® Blue Spray Dye shall be applied between the months of June and September depending on the weather and the amount of weed control required. All applications shall also include the appropriate surfactant or activator for the chemical being applied. Aquatic herbicide treatment shall be applied to the Beardsley Canal as follows: Apply one (1) treatment application of Sonar Genesis® and Clearcast® to canal bank, slopes and bottom (approximately 15 gross acres). Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal during irrigation season. The Contractor shall supply all labor, equipment, materials, and supervision to properly carry out the work. Per acre costs shown on Bid Form should include all materials, supplies, travel, signs, labor, etc. needed to treat each acre a minimum of three (3) times per year. The acres are provided as an estimate only. Actual acres treated will vary by site and location.

Billing will be submitted based on actual acres sprayed and accepted by the City of Bakersfield multiplied by Contractor pricing submitted on Bid Form. Documentation and reporting shall be conducted on all application activities. A comprehensive written report is to be submitted to the City’s Water Resources Department within fifteen (15) working days after each application has been completed. Each report page is to identify date, time, amount acreage sprayed, chemical usage/type and a GPS map of application area.

RESISTANCE MANAGEMENT: Contractor is expected to use herbicides with differing modes of action when doing multiple applications on the same weed species to reduce the likelihood of herbicide resistance. Likewise, the City of Bakersfield acknowledges that different sites and situations may warrant the use of different products (certain canal banks) to be used by the Contractor. In these situations, the Contractor should choose an appropriate herbicide from the above list as necessary or contact the City of Bakersfield Representative.

APPLICATIONS STANDARDS: It is the Contractor’s responsibility to comply with all Federal, State, Local regulations and laws pertaining to the work required by this RFQ. Should the bid specifications be in conflict with applicable rules, regulations or laws, the Contractor shall notify the City Representative and the appropriate correct action shall be taken. A QUALIFIED

APPLICATORS LICENSE (QAL) ISSUED BY THE CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION FOR CATEGORY A, B, C, D AND CATEGORY F IS REQUIRED.

RATE OF APPLICATION: Contractor shall use the chemical manufacturer’s label rates for rights-of-way and highest label rates for noxious weeds to achieve control rather than suppression, where possible.

COLORANT: The Contractor will be required to use a colorant (Blazon® Blue Spray Dye) in the tank mix at a rate that will allow follow-up inspection by the City Representative or City designee within 24 hours.

DRIFT CONTROL AGENTS: Appropriate drift control agents, surfactants and other adjuvants are allowed to be used by the Contractor if consistent with manufacturer’s published labeling

and proposed/intended use. Where stated on a product label that use of an adjuvant or surfactant enhances control, such additives must be used by the Contractor.

EQUIPMENT: All Contractor equipment shall be made available for inspection by City personnel at any time subsequent to Contract award. The City of Bakersfield reserves the right, following any inspection of Contractor's equipment as contemplated herein, to reject any equipment on the basis of suitability and safety to the environment, the traveling public, the contractor's employees, and employees of the City of Bakersfield. Said Contractor's equipment shall meet the applicable requirements of the Occupational Safety and Health Administration, The U.S.

Department of Transportation, and the California Department of Agriculture. All Contractor's equipment shall be properly calibrated, licensed & insured, carry the appropriate permits and be placarded (including vehicle) as required by law. The sprayer pump must be adequate to handle the required flow and provide bypass agitation. Spray flow and vehicle speed must be coordinated through the use of a computer type monitor system except delivery with hand held equipment.

APPLICATION METHODS and GENERAL EQUIPMENT/APPLICATORS REQUIRED: Within this scope of work are various generic descriptions of “applicators”, spraying equipment, descriptions of capabilities of such equipment and applicators, also descriptions of various desirable techniques for using such items. The City reserves the right to inspect the Contractor’s equipment at any time during the performance of work by the Contractor. The following application methods for the Contractor have been approved by the City of Bakersfield:

All equipment used by the Successful Bidder for herbicide application will comply with all applicable State, Federal and OSHA Regulations. A permanent amber caution light will be mounted on top of each piece of equipment that operates from public roads. Boom vehicle application only specifically designed for the contour of ground on downward/upward slopes of drainage basins, canal slopes, and levee spraying.

Boom Application - Four wheel drive truck with a minimum 30 foot articulating hydraulic side boom and a minimum 18 foot rear back boom. Boom vehicle shall have a minimum 350 gallon capacity and capable of delivering at least 20 gallons per acre.

Hand Application - Backpack or hand sprayer with minimum 2.5 gallon capacity and delivering at least twenty (20) gallons per acre.

Boomless applications shall not be permitted.

The Contractor is expected to use the appropriate method listed above to effectively treat any weeds to the fence line. Discontinuous or small areas of noxious weeds must be spot treated rather than broadcast, which may require use of a handgun or other hand application methods.

Intended application methods shall be presented to and approved by the City Representative prior to the commencement of work. Terrain varies considerably and a combination of all methods may be necessary. Method of application will be left to the discretion of the Contractor, based upon individual site conditions, as long as the method is one of those approved by the City representative.

SPRAYING STANDARDS: The performance standard for the Contractor shall be that no targeted vegetation shall be allowed to reach full bloom or seed stage. Inspection by the City Representative may be made not more than thirty (30) days after application depending on plants sprayed, herbicide used, and date of application.

MATERIAL REQUIREMENTS: The herbicide used in treatment of vegetation, except aquatics, will consist of a combination of herbicide products that will effectively control all unwanted vegetation. Recommended herbicides are: Roundup® Pro, AquaMaster®, Rodeo®, Pendulum, Diuron®, Blazon® Blue Spray Dye and appropriate surfactant or activator.

The above herbicides shall be combined with water and Blazon ® Blue Spray dye in sufficient volume so as to provide visible uniformed coverage.

Recommended aquatic herbicides are: Sonar Genesis®, Clearcast® and Nautique®.

HERBICIDE APPLICATION: Contractor shall apply herbicide to canal banks, slopes, levees and roads to eliminate growth of undesirable noxious weeds.

All applications by Contractor shall be preceded by a wind speed test. In no case shall application take place in winds greater than ten (10) miles per hour at any time during the application.

First treatment of weeds in all areas must be completed by April 1st of each year; follow-up spot treatments may be made after that date. The following schedule will be used to determine timing of application by the Contractor:

MARCH TO APRIL
First Application Pre-emergence dependent on weather.

JUNE TO SEPTEMBER
Apply follow-up spot treatments to treat any new emerged weeds.

OCTOBER TO DECEMBER
Apply second application of Pre-emergence dependent on weather.

AQUATIC HERBICIDE TREATMENT TO BEARDSLEY CANAL

JANUARY
Apply one (1) treatment application of Sonar Genesis® and Clearcast® to canal bank, slopes and bottom (approximately 15 gross acres). This application shall be applied when canal is down for maintenance during January of each year.

JUNE TO OCTOBER
Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal.

Other chemicals than those listed above may be used on a case-by-case basis by the Contractor only upon prior written approval by the City Representative. Contractor must provide, to the City Representative, the appropriate product labels and MSDS forms at least seven (7) days prior to use of such chemical(s). the City reserves the right to deny the use of certain chemicals by the Contractor based on stability, risk, or applicability. The chemical must be labeled for in-use situation and registered with EPA and the State of California for such use.

HANDLING OF HERBICIDES: The following minimum requirements apply to all spraying operations conducted by the Contractor, regardless of the hazard category. Label specifications may require more stringent measures:

All Contractors’ personnel involved in spraying shall follow label requirements pertaining to the use of personal protective equipment and clothing. The Contractor shall attempt to halt all spraying at least six (6) hours before precipitation occurs. The Contractor shall immediately halt spraying during unpredicted or unanticipated precipitation. Contractor shall use drift control agents labeled as compatible when needed. After precipitation, the Contractor shall not resume spraying until all vegetation has dried. The Contractor shall be responsible for disposal of all empty containers of herbicide in accordance with all State/Federal and Local regulations and statutes.

MAPPING: The Contractor shall own and have the working knowledge to operate the GPS guidance system equipment that possesses DGPS or mapping capabilities. Such GPS equipment owned and operated by the Contractor must have an accuracy of 2 meters (or less) and such GPS guidance equipment must have full upload/download capabilities for data files.

APPLICATION NOTIFICATION, REPORTING and DOCUMENTATION: It shall be the responsibility of the Contractor to contact the designated City Representative listed below at least two (2) weeks before commencement of spraying to coordinate and prevent conflict between maintenance activities of facilities with spray application. Such notification of the City representative by the Contractor of the spraying activities (as referenced in the preceding sentence) must be done in person, or via phone, FAX, or e-mail and the City representative must acknowledge receipt of such transmission by the Contractor. The Contractor shall inform in person, or via phone, FAX, or e-mail the City Representative of the specific areas to be treated 24 - 48 HOURS PRIOR TO TREATMENT.

PROJECT MANAGEMENT
CONTRACTOR will provide appropriate project management services associated with the application of herbicides, pre-emergence and aquatic weed control treatments. It is anticipated that spray application activities will include, but may not be limited to, scheduling of field activities with CONTRACTOR and City personnel responsible for noxious and aquatic weed control, meetings and telecommunication with City personnel, coordination of data management and delivery of data to City Personnel.

The CONTRACTOR shall execute its work in a timely manner and in accordance with the Contract and applicable State, Federal, and Local laws and Ordinances.

The CONTRACTOR shall provide all technical skills and abilities necessary to successfully complete the project.

III. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD A. The City will provide maps to application locations.

B. The City will provide access to all application sites.

C. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONTRACTOR as set forth herein above.

IV. PROJECT TIME SCHEDULE
The project schedule is described in the scope of work.

V. CONTRACTOR’s TEAM
A. The CONTRACTOR shall assign a qualified professional as Project Manager to direct and oversee the CONTRACTOR’s work. The CONTRACTOR’s staff working on this project shall be qualified professionals and shall have the necessary experience, expertise and licenses to complete the project and satisfy all the requirements as described in this RFQ/P. At a minimum, the CONTRACTOR’s team shall include the following:

All professionals necessary to complete the CONTRACTOR’s Scope of Work for this project.

VI. STATEMENT OF QUALIFICATIONS
All interested firms (PROPOSER’s) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information:

A. The completed General Information Sheet (refer to Attachment RFQ/P-1). An officer of the PROPOSER must sign this document.

B. Name and relevant experience of PROPOSER’s principals who will be responsible for the project.

C. Name and relevant experience of PROPOSER’s key personnel who will work on the project.

D. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at least four different clients and should provide the following information for each project:

1. Project title, location and description including size of the project;

2. Nature of PROPOSER’s responsibility;

3. Start and end dates of PROPOSER’s involvement in the project;

4. Names of PROPOSER’s key personnel involved in the project;

5. Itemized dollar amount of PROPOSER’s contract:

6. Total dollar amount of PROPOSER’s contract;

7. Name, address and phone number of the project owner;

8. Name and address of PROPOSER’s client if different from the project owner;

9. Name and phone number of contact person at PROPOSER’s client’s office.

E. A statement of why PROPOSER believes it should be selected for this project.

F. List of PROPOSER’s claims history since January 1, 2015.

1. List all claims, demands for arbitration and/or law suits filed by PROPOSER, their agents or subcontractors against PROPOSER, its agents or bonding company in connection with PROPOSER, its agents or bonding company. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.

G. A statement of PROPOSER's current insurance coverage signed by a company official.

The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet the City’s minimum

requirements, a statement of PROPOSER's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.

VII. PROJECT FEE PROPOSAL
All firms being interviewed shall submit a fee proposal based on the Scope of Work described in this RFQ/P. The fee proposal shall be itemized for the following items of the project and shall be of the type indicated (Refer to Exhibit A). Fee schedule will be valid for the duration of the three year agreement.

The detailed work associated with each of these tasks is described in the “Services to Be Provided by the CONTRACTOR (Scope of Work)” section of this RFQ/P.

Request for payment of services shall be billed and sent to the City of Bakersfield’s Water Resources Department at the conclusion of each round of sampling and/or reporting in accordance with CONTRACTOR's fee proposal which is submitted in response to this RFP.

VIII. SUBMITTAL OF STATEMENT OF QUALIFICATIONS AND FEE PROPOSALS Firms responding to this RFQ/P must include the following items in their submittal package:

A. Two copies of PROPOSER’s SOQ/P;
B. Two copies of the completed General Information Sheet (Attachment RFQ/P-1) signed by a company official; and
C. Two copies of the Fee Proposal in its own sealed envelope labeled: “Fee Proposal”.

The submittal items must be placed into a sealed envelope bearing PROPOSER’s name and the words
Statement of Qualifications and Proposal for
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Before the date and time stated in the Notice to Contracting Firms, the submittal package must be delivered to:

Water Department,
1000 Buena Vista Road,
Bakersfield, California, 93311
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer’s responsibility to meet the deadline stated above.

Submittals received after the deadline or at the wrong location will be considered nonresponsive. Fax copies will not be accepted.

IX. SELECTION OF CONTRACTOR
Firms submitting an SOQ/P for this project must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project, as described in the General Project Description and

Requirements section and Services to Be Provided by the CONTRACTOR (Scope of Work) section of this RFQ/P.

The City will evaluate the PROPOSERs based on the following items:

A. The information contained in PROPOSER's SOQ/P submitted in response to this RFQ/P.

The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ/P set forth elsewhere in this RFQ/P.

B. PROPOSER's ability to understand the project requirements as it may be revealed in their proposed method and procedure of study, goals and objectives, and their approach to the project.

C. Comments received from the City's reference checks.

D. PROPOSER's submittal and subjective statements.

After reviewing the SOQ/P’s submitted by interested firms, the City will develop a short list of firms to be considered. Only after the short list has been prepared, will the Fee Proposals be considered. The evaluation of the Fee Proposals will be used as secondary consideration in selecting a CONTRACTOR for the project.

The submission of a Fee Proposal shall be conclusive evidence that the PROPOSER and its subcontractors have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.

X. SOLICITATION CAVEAT
The PROPOSER and its subcontractors understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subcontractors in responding to this Request for Qualifications and shall not be liable for any PROPOSER or its subcontractors costs attributed to their own study and investigation or design of a specific project until PROPOSER has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications and Fee Proposals after three (3) days’ notice to all prospective PROPOSERS.

XI. CONTRACT DOCUMENTS
A sample copy of the City’s CONTRACTOR CONTRACT is included as Attachment RFQ/P2. Please review the agreement carefully. This is the contract the CONTRACTOR will be expected to execute without alteration. An officer of PROPOSER must sign and return this sample contract with his submittal. The signature indicates that PROPOSER accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement. That indemnity clause reads as follows:
“CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.”

An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. PROPOSER must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample CONTRACTOR’S CONTRACT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.” The City will not approve any PROPOSERS’s requested modifications to the insurance clause nor the indemnity clause of this contract. Failure to execute the contract without alteration may result in the rejection of the CONTRACTOR’s proposal and retaining of a different contractor by the City.

At the time of contract execution, the CONTRACTOR will be required to provide evidence of insurance coverage (Certificate of Insurance) as specified in the contract.

CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning the project, the submittal of a Statement of Qualifications, the City’s review and evaluation of the SOQ/P’s, and the City’s selection of a contractor for this project should be directed to:

Jason Solf
Water Department
City of Bakersfield
1000 Buena Vista Road
Bakersfield, CA 93311
[email protected]
Phone: 661-326-3715

ATTACHMENTS TO THIS RFQ/P
The following documents are attachments to this RFQ/P:

Attachment RFQ/P-1, Statement of Qualification Checklist Attachment RFQ/P-2 General Information Sheet
Attachment RFQ/P-3, Sample Agreement
Attachment RFQ/P-4, Contractor Qualification Evaluation Attachment RFQ/P-5, Exhibit “A”, Fee Proposal Itemization Form

Attachment RFQ/P-1 –
Statement of Qualification Checklist
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Proposer’s Name: _____________________________________________ □ Proposal submitted to the correct location.
□ Proposal submitted on time.

If either of the above two items were not complied with, the submittal is non-responsive and will not be evaluated.

If any of the following items are not included in the submittal, the submittal may be considered nonresponsive and dismissed without evaluation. □ copy of SOQ which include the following items:
□ The completed General Information Sheet
□ Description of PROPOSER’s management principles, procedures and how they will be applied to this project.
□ Name and experience of PROPOSER’s principals who will be responsible for the project.
□ Name and experience of PROPOSER’s key personnel who will work on the project.
□ A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation.
□ A list of comparable public works or other projects on which PROPOSER has been involved during the past five years.
□ The list should include at least four different clients □ A statement of PROPOSER’s approach in designing a project to provide maximum useful life of the project.
□ Include examples of how this approach was proven effective in past projects for the City or other governmental agencies.
□ A statement of why PROPOSER believes it should be selected for this project. □ A list of all subcontractors that PROPOSER will be utilizing on this project. □ A list of PROPOSER’s claims history since January 1, 2015 □ List all claims, demands for arbitration and/or law suits filed by PROPOSER, predecessor companies or company officers against project owners or their agents.
□ List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company.
□ A statement of PROPOSER's current insurance coverage signed by a company official.

Attachment RFQ/P-2 – General Information Sheet
Contracting Services for
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated: ____________________________ Federal Employer I.D. Number: __________________________________________________ Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ ____________________________________________________________________________ Name of Principal-in-charge Title License Number
____________________________________________________________________________ Name of Contact Person and Phone Number
____________________________________________________________________________ Signature of an officer of the firm Title Date

Attachment RFQ/P 3 – Sample Agreement
AGREEMENT NO. __________________

INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and _________________________________________ ("CONTRACTOR" herein).

R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of noxious and aquatic weed control.

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

1. SCOPE OF WORK. The scope of work is described as: Chemical application for Noxious and Aquatic Weed Control in accordance with the Request for Qualifications and Proposals WATER (Exhibit “A”).

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. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed $______________ which shall be paid as follows: within thirty (30) days after receipt and approval by CITY of CONTRACTOR’S itemized invoices.

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.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice.

4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY.

5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY.

6. 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.

7. 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.

8. LICENSES. CONTRACTOR 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 CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees.

9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California.

10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds $____________ such modification must be approved by the City Council.

11. 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.

12. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on __________________ (date).

13. TERMINATION. This Agreement may be terminated by any party upon thirty (30) days’ written notice, served by mail or personal service, to all other parties.

14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR'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.

15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR 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 CONTRACTOR other than that of an independent contractor.

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

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

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

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

18.1.1 Provide coverage for owned, non-owned and hired autos.

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

18.2.1 Provide contractual liability coverage for the terms of this Agreement.

18.2.2 Provide unlimited products and completed operations coverage.

18.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.

18.2.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self-Insured Retention provided that the policy shall not contain
language, whether added by endorsement or contained in
the Policy Conditions, that prohibits satisfaction of any SelfInsured 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.

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

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

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

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

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

18.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required.

The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.

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

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

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

insurance requirements for CONTRACTOR.

18.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement.

19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

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

21. 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.

22. 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

WATER DEPARTMENT
1000 Buena Vista Road
Bakersfield, California 93311
(661) 326-3715
CONTRACTOR:

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

24. 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.

25. 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) 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.

26. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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

28. ACCOUNTING RECORDS. CONTRACTOR 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 CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours.

29. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant 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.

30. TAX NUMBERS.

CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one)

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

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

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

CITY OF BAKERSFIELD
By: By:

KAREN GOH
Mayor Print Name
Title:
[Signatures on Following Page]

APPROVED AS TO CONTENT:

CITY DEPARTMENT NAME
By:_______________________________

DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:

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

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ.

This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________

Attachment RFQ/P-4 –
Contractor Qualification Evaluation
Chemical Application for Noxious and Aquatic Weed Control Bakersfield, California
Proposer’s Name: __________________ Reviewer's Signature __________________ Date ________ Instructions: For each of the evaluation criteria: 1) Write your comments in the space provided. 2) Circle your choice of Assigned Score. 3) Multiply Assigned Score by Factor and write the product in the Factored Score Column.

Criteria
Assigned Score
Factor Factored
Score
Max
Possible
Score
Below Min
Acceptable
Min
Accptbl
Below
Avg Avg Above Avg Exclnt
1) Experience and qualifications of the Project Manager 0 23 46 70 76 82 88 94 100 0.15 15
2) Experience and qualifications of the Spray Applicator 0 23 46 70 76 82 88 94 100 0.15 15
3) Experience and qualification of the support staff
0 23 46 70 76 82 88 94 100 0.15 15
4) Experience and qualifications of Proposer in regards Spray Application reporting 0 23 46 70 76 82 88 94 100 0.10 10
5) Experience and qualifications of the other key personnel 0 23 46 70 76 82 88 94 100 0.05 5
6) Proposer’s management principles and procedures
0 23 46 70 76 82 88 94 100 0.10 10
7) Availability of Proposer's Team resources
0 23 46 70 76 82 88 94 100 0.05 5
8) Experience of the Proposer's Team Firms on similar projects 0 23 46 70 76 82 88 94 100 0.05 5
9) Proposer's ability to relate to the project requirements. 0 23 46 70 76 82 88 94 100 0.05 5
10) Evaluation of the Proposer’s submittal and subjective statements 0 23 46 70 76 82 88 94 100 0.05 5
11) Reference Check (Use score provided by the Coordinator on the Consultant Qualification Evaluation Addendum.) 5
12) The Proposer's past performance on City of Bakersfield projects. (Use score provided by the Coordinator on the Consultant Qualification Evaluation Addendum.) 5 TOTAL 100

EXHIBIT A

FEE PROPOSAL ITEMIZATION
Herbicide Application
(Roundup or equivalent with Blazon® Blue Spray Dye)
Boom Application cost per acre:

Hand Application cost per acre:

Pre-emergent Application
(Diuron or equivalent with Blazon® Blue Spray Dye)
Boom Application cost per acre:

Hand Application cost per acre:

Aquatic Herbicide Application
Apply one (1) treatment application of Sonar Genesis® and Clearcast® to canal bank, slopes and bottom (approximately 15 gross acres). This application shall be applied when canal is down for maintenance during January of each year.

Cost per treatment:

Apply up to four (4) Nautique® treatments to Beardsley Canal (1.5 linear miles w/flows to 600CFS), to provide effective control of aquatic weeds in canal.

Cost per treatment:
07/31/2025
RISI dba Pan American Insurance Services
2800 W. March Lane
Suite 420
Stockton CA 95219
Lorena Fahl
(209) 955-2600 (209) 474-0697
[email protected]
Allied Weed Control Inc
Spence Lawn Care Inc
10218 Liberty Ave
Livingston CA 95334
Admiral Insurance Company 24856
National Liability & Fire 20052
Oak River Insurance Company 34630
24/25 GL,BA,Ex,WC,Poll
A Y Y FEI-ECC-36726-00 07/01/2025 07/01/2026
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B 73APB009444 08/26/2024 08/26/2025
1,000,000
A FEI-EXS-45976-00 07/01/2025 07/01/2026
2,000,000
2,000,000
C Y Y ALWC661367 07/01/2025 07/01/2026
1,000,000
1,000,000
1,000,000
A
Pollution
FEI-ECC-36726-00 07/01/2025 07/01/2026
Aggregate $2,000,000
Each LImit $1,000,000
Deductible $5,000
The City of Bakersfield, its Mayor, Council, Officers, Agents, Employees, and designated volunteers are named as Additional Insured with respects to the General Liability when required by written contract. Waiver of Subrogation applies tot he General Laibility and Workers Compensation.

City of Bakersfield
Attn: Risk Management
1501 Truxton Ave
Bakersfield CA 93301

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.

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR 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
PROJECT 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
Non-owned NOWND
1,000,000
Hired/borrowed HRDBD
1,000,000
Uninsured motorist combined single limit UMCSL
100,000
Experience Mod Factor 1 EXP01

ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.

ECC-320-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Automatic Waiver of Subrogation Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies coverage provided under the following coverage part(s):

COMMERCIAL GENERAL LIABILITY

CONTRACTORS POLLUTION LIABILITY

SCHEDULE
Name of Person or Organization:

Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract.

The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule.

Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION- Blanket
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person(s) or organization(s) whom the Named
Insured agrees, in a written contract, to name as an
additional insured. However, this status exists only for the project specified in that contract.

Those project locations where this endorsement is
required by contract.

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

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

1. Your acts or omissions; or

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

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 additional
exclusions apply:

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

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

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

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III 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;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Endorsement Effective: Policy No.:

Insured:

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Blanket Waiver
Person/Organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Waiver Premium (prior to adjustments)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.:

Premium $
Insurance Company:

WC 99 04 10 C
Countersigned by ______________________________________ (Ed. 01-19)
Job Description
All CA Operations
Oak River Insurance Company
ALWC661367
1956.00
07/01/2025

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak
DATE: July 30, 2025
SUBJECT: Design Consultant Agreement with AECOM Technical Services, Inc. (not to exceed $1,053,062) to provide engineering services for the Wastewater Treatment Plant No. 2 and No. 3 Upgrade and Expansion Evaluations
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

The Wastewater Division operates and maintains Wastewater Treatment Plant No. 2 and No. 3. In order to properly plan for continued service and future treatment needs for City, the Wastewater Treatment Plant No. 2 and No. 3 Upgrade and Expansion Evaluations project was proposed and adopted in the Fiscal Year 2025-26 Capital Improvement Program. The goal of this project is to provide thorough assessments of both treatment plants, identify factors that limit each plant’s ability to provide continued service, and make recommendations to address each factor identified.

On May 27, 2025, City released a Request for Qualifications (RFQ) for Wastewater Treatment Plant No. 2 and No. 3 Upgrade and Expansion Evaluations. On June 20, 2025, City received Statement of Qualifications (SOQ) from the following four consultants:
 AECOM Technical Services, Inc. (Bakersfield, CA)
 Ardurra Group, Inc. (Bakersfield, CA)
 EnviroSwell, Inc. (Bakersfield, CA)
 Parsons Water & Infrastructure, Inc. (Pasadena, CA)
City staff recommend approval of the agreement with AECOM Technical Services, Inc., based on their qualifications and proposal being the most favorable to the City. The proposed agreement is for a 10- month term with total compensation not to exceed $1,053,062.

FISCAL IMPACT:

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

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement

2. Exhibit A

3. Exhibit B

Request for Qualifications (RFQ)
WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations
City of Bakersfield – Water Department
Bakersfield, California
May 27, 2025
Consultants wishing to be considered for this project should thoroughly read this Request for Qualifications (RFQ). Information required to be provided in a Statement of Qualifications (SOQ) is detailed in Section V. Consultants submitting a SOQ must do so in accordance with the requirements of Section VI. As required by section IX, a signed copy of the enclosed sample agreement must be submitted with a SOQ.

I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield (City) owns and operates Wastewater Treatment Plant No. 2 (Plant 2) and Wastewater Treatment Plant No. 3 (Plant 3). The intent of this Request for Qualifications (RFQ) is to solicit qualifications from engineering firms qualified to conduct an assessment of the City’s two wastewater treatment plants and evaluate options to upgrade, replace, or expand each facility in order to continue providing sufficient capacity and treatment for the residents of Bakersfield. Responses to this RFQ shall describe the firms’ capability to assess wastewater treatment plants and make recommendations for long-term planning.

The primary objective of this RFQ is to select one or more engineering consultants to: fully assess Plant 2 and Plant 3, identify factors that limit each plant’s ability to provide continued service and make recommendations to address each factor. If more than one consultant is selected, the consultant selected to assess Plant 3, will also be tasked with providing a preliminary planning report for a future Wastewater Treatment Plant No. 4 (Plant 4).

Attached to this RFQ are overall descriptions of Plant 2 and Plant 3 (Attachment #4) which includes the staffing levels for each plant and plant infrastructure information. Below is a brief description of each plant as it pertains to this RFQ:
• Plant 2 is a 25 MGD trickling filter facility, producing secondary effluent that is stored in dams and used for agricultural irrigation. The solids are treated in anaerobic digesters and sent to drying beds, producing Class B biosolids that are land applied on Cityowned farmland. The last Plant 2 upgrade was designed in 1997, and construction was completed in 1999. The current influent flow is 12 MGD. • Plant 3 is a 32 MGD activated sludge facility, producing secondary and tertiary effluent.

Secondary effluent is sent to percolation ponds and used for agricultural irrigation.

Tertiary effluent is stored in an above-ground 3 MG tank and used for landscape irrigation and limited use within Plant 3. The solids are treated in anaerobic digesters and dewatered using centrifuges; producing Class B biosolids that are land applied on City-owned farmland. The last Plant 3 upgrade was designed in 2007, and construction was completed in 2010. The current influent flow is 21 MGD.

Interested firms may schedule a site visit to meet with City staff. Site visits must be scheduled at least two days in advance and can occur from June 2, 2025 through June 13, 2025. Visits will be limited to one visit per firm.

The selected firm will be responsible for providing technical memorandums that address treatment limitations at Plant 2 and Plant 3, propose upgrades, replacements, and expansions for individual treatment process, and a preliminary planning report for a future RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

Plant 4. The City may award one or two agreements depending on the qualifications and proposals submitted by each PROPOSER.

The City’s intent in developing this RFQ is to encourage qualified firms to describe their approach, work experience, and submit examples of similar projects.

For the purpose of this agreement, the following definitions shall apply:
• Proposer is a firm which submits a Statement of Qualifications in response to this RFQ.
• Consultant is a firm hired by the City to provide the services described in this RFQ. • For the purpose of this RFQ, the term “Consultant” and “Firm” are interchangeable and refer to the qualified firm hired to provide the services. The Consultant shall execute his work in a timely manner and in accordance with a schedule approved by the City. Failure to respond by completing scheduled work in a timely manner may result in termination of the agreement.

II. SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK) The Consultant shall have professional staff to provide all the services necessary for the project as defined in Section I of this RFQ. At a minimum, the Consultant 's team shall include a California registered civil engineer experienced in wastewater treatment plants and processes.

The services the Consultant shall be required to provide include, but are not limited to:
evaluate the condition of Plant 2 and Plant 3, identify all factors limiting each plant’s ability to provide continued treatment, propose appropriate solutions to each limiting factor, and prepare construction costs estimates for each recommendation; and provide a preliminary planning report for a future Plant 4.

The final deliverables shall be technical memorandums which, at minimum, should include the following:

1. Technical Memorandum #1 - Wastewater Treatment Plant No. 2 Evaluation a. Hydraulic capacity analysis
b. Process analysis
c. Odor evaluation
d. Structural, mechanical, and plumbing assessment
e. Electrical assessment
f. Instrumentation and controls assessment
g. Recommendations and cost estimates to address deficiencies.

2. Technical Memorandum #2 - Wastewater Treatment Plant No. 3 Evaluation a. Hydraulic capacity analysis
b.Process analysis
c. Odor evaluation
d.Structural, mechanical, and plumbing assessment
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

e.Electrical assessment
f. Instrumentation and controls assessment
g. Recommendations and cost estimates to address deficiencies.

3. Technical Memorandum #3: Wastewater Treatment Plant No. 4 Preliminary Planning Report:
a.Planning and design criteria
b.Service area
c. Regulatory requirements and considerations
d.Treatment technology
e.Effluent disposal
f. Biosolids management
g.Site requirements
h.Phasing and implementation plan
When the contracted work is accepted by the City, all completed reports, documents, studies, etc., used in the research and completion of the project shall become the property of the City, including their copyrights and any inherited interests.

III. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD

1. The City will provide a general description of the project site, its location and boundaries.

2. The City will provide copies of City’s available record drawings of existing facilities.

The City makes no warranty that record drawings for additional existing improvements are available.

3. The City will provide copies of any relevant studies previously completed.

4. The City will provide access to interview Wastewater Division personnel to better understand plant operations.

IV. ESTIMATED PROJECT AGREEMENT TIME SCHEDULE
The Consultant shall submit a project schedule with a number of hours estimated to complete the project work. The project schedule will assume a “notice to proceed” will be issued late August 2025, and will show an estimated end date to complete the scope of work(s). It is the City’s desire to have final reports completed by end of March 2026. The Consultant shall execute the work in a timely manner and in accordance with the submitted project schedule. The Consultant shall complete 60% and 90% submittals for City approval, followed by the completion of the 100% final submittal for the project.

Event Date
RFQ Released May 27, 2025
Optional Site-Visit* June 2 – 13, 2025
SOQs Due June 20, 2025 by 3:00 p.m.

Notification Letters Sent Out June 25, 2025
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

Firms on Shortlist Interviewed and Submit Sealed
Proposal July 21, 2025
Final Results Sent Out / Selected Firm Notified July 23, 2025 Anticipated City Council Meeting August 13, 2025
*Site-Visit must be scheduled at least two days in advance.

V. STATEMENT OF QUALIFICATIONS
All interested consultants (Proposers) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information:

A. The completed General Information Sheet (refer to Attachment #1). An officer of the Proposer must sign this document.

B. Description of the Proposer’s management principles, policies and procedures in regards to:

1. Responding in a timely manner;

2. Availability of Proposer’s staff to start work on a project;

3. Development of a project schedule and adhering to that schedule;

4. Complete and successful performance of all tasks assigned to the Consultant.

C. Name and relevant experience of Proposer’s principals.

D. Name and relevant experience of the Proposer’s key personnel. This list shall identify the individual who will be assigned to the role of Project Manager for the duration of this agreement.

E. A list of comparable public works or other projects on which Proposer has been involved during the past eight years. The list should include at least three different clients and should provide the following information for each project:

1. Contract title, location and description including size of the project;

2. Nature of Proposer’s responsibility;

3. Start and end dates of Proposer’s involvement in the contract;

4. Names of Proposer’s key personnel involved in the contract;

5. Total dollar amount of Proposer’s contract;

6. Name, address and phone number of the contract owner;

7. Name and address of Proposer’s client if different from the contract owner; and

8. Name and phone number of contact person at Proposer’s client’s office.

The City will use this information to conduct a reference check. If the Proposer submits more than three comparable projects on their list, Proposer shall note their preference for which three projects they wish to be referenced.

F. The Proposer shall specify whether it would like to be considered for the scope of work for Plant 2, Plant 3, or both. If interested in both plants, the Proposer shall identify the preferred plant out of the two.

G. A statement of why you believe your firm should be selected for assessing the City’s wastewater treatment plants and providing recommendations for future upgrades, replacements, and expansions.

H. A list of Proposer’s claims history since January 1, 2020.

RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

1. List all claims, demands for arbitration and/or lawsuits filed by PROPOSER, predecessor companies or company officers against contract owners or their agents. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.

2. List all claims, demands for arbitration and/or lawsuits filed by contract owners, their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim:
a. Name of contract owner;
b. Contract completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.

I. A statement of Proposer's current insurance coverage signed by a company official.

The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet the City’s minimum requirements, a statement of Proposer’s ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.

VI. SUBMITTAL OF STATEMENT OF QUALIFICATIONS
Consultants responding to this RFQ must include the following items in their submittal package:

A. Three (3) copies of Proposer’s SOQ;
B. One (1) copy of the completed “General Information Sheet” (Attachment #1) signed by a company official; and
C. One (1) signed copy of the Draft Design Consultant’s Agreement for this project (refer to Section X, “CONTRACT DOCUMENTS”, of this RFQ);
The submittal items must be placed into a sealed envelope bearing PROPOSER’s name and the words
Statement of Qualifications for
WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations
Water Department – Wastewater Division
Bakersfield, California
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

Before 3:00 p.m. on Friday, June 20, 2025, the submittal package must be delivered to:

Evette Roldan, Assistant Water Director
Wastewater Division
6901 McCutchen Road
Bakersfield, California, 93313
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer’s responsibility to meet the deadline stated above.

Submittals which do not contain the required number of copies and all the information requested in this RFQ may be considered non-responsive and rejected without evaluation.

Submittals received after the deadline or at the wrong location will be considered nonresponsive. Fax copies will not be accepted.

VII. SELECTION OF CONSULTANT
The Consultant shall have qualified professional staff and the necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFQ.

Consultants submitting a SOQ, must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project, as described in Section I, “General Project Description and Requirements” and Section II, “Services to Be Provided by the Consultant (Scope of Work)” of this RFQ.

The City will evaluate the Proposer based on the following items:

A. The information contained in the firm’s SOQ submitted in response to this request. The City’s evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth in this RFQ including:
a. The Proposer's experience and past performance on comparable projects for the City and other governmental agencies;
b. The Proposer's resources and its capability to perform the required services within the required time frames;
c. Personnel’s qualifications and experience that the Proposer anticipates assigning to City projects;
B. Proposer’s ability to understand the project requirements as it may be revealed in their proposed methods and procedures, and approach to the project.

C. Related experience of the Proposer.

D. Comments received from the City's reference checks.

E. Proposer's submittal and subjective statements.

After reviewing the SOQ’s submitted by interested firms, the City will develop a “short list” of firms to be invited to an interview and to prepare a fee proposal (City will issue a Request for Fee Proposal to each firm with further instructions regarding the fee proposal).

Upon completion of the interviews, the “short listed” firms will be ranked by qualifications.

RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

Then an evaluation of the fee proposals submitted at the interviews will be used as secondary consideration in selecting a Consultant for the project.

The submission of a fee proposal shall be conclusive evidence that the Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.

VIII. SOLICITATION CAVEAT
The Proposer and its subconsultants understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the Proposer and its subconsultants in responding to this Request for Qualifications and shall not be liable for any Proposer or its subconsultant costs attributed to their own study and investigation of project until the Proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications after three (3) days notice to all prospective Proposers.

IX. CONTRACT DOCUMENTS
A sample copy of the City's DESIGN CONSULTANT AGREEMENT is included as Attachment #2. Please review the agreement carefully. This is the contract the Consultant will be expected to execute without alteration. If any changes are desired to be considered, the Proposer must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that Statements of Qualifications are due. If approved, the City will then issue the changes to all prospective consultants prior to the due date.

An officer of Proposer must sign and return this sample contract with his submittal. The signature indicates that Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement and any modifications thereto issued by the City during this solicitation of SOQ’s. That indemnity clause reads as follows:
“DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.”
An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. Proposer must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample DESIGN CONSULTANT’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.” The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant’s Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Consultant’s proposal and the retaining of a different consultant by the City.

At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.

X. CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning the project, the submittal of a Statement of Qualifications, the City’s review and evaluation of the SOQ’s, and the City’s selection of a Consultant for this project should be directed to:

Evette Roldan, Assistant Water Director
Wastewater Division
6901 McCutchen Road
Bakersfield, CA 93313
Voice Phone: 661-326-3249
Email: [email protected]
Attachment #3 “Request for Information Form” should be used when submitting questions.

XI. ATTACHMENTS TO THIS RFQ
The following documents are attachments to this RFQ:

Attachment #1 – General Information Sheet
Attachment #2 – Sample Agreement
Attachment #3 – Request for Information Form
Attachment #4 – Plant Descriptions
Attachment #1

General Information Sheet
WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations
City of Bakersfield – Water Department
Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated: ____________________________ Federal Employer I.D. Number: __________________________________________________ Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ Contact Person: __________________________________________________________ Name
__________________________________________________________ Phone Number
__________________________________________________________ E-Mail
____________________________________________________________________________ Name of Principal-in-charge Title License Number
____________________________________________________________________________ Signature of an officer of the firm Title Date
Attachment #2

AGREEMENT NO._________________

DESIGN CONSULTANT AGREEMENT
This DESIGN CONSULTANT AGREEMENT is made and entered into on ______________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ____________________, a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).

R E C I T A L S
WHEREAS, CITY is currently developing the _________________________ (the “Project”); and
WHEREAS, since CITY does not have expertise currently on staff to design and engineer the Project, CITY has issued a Request for Qualifications/Request for Proposal (“Request”) for those services; and
WHEREAS, after reviewing the Request, including the Technical Provisions dated __________________, and being satisfied that it understands the Project’s requirements, DESIGN CONSULTANT has submitted a response to the Request, which includes a scope of work and cost proposal; and
WHEREAS, DESIGN CONSULTANT represents that it is experienced in the fields of design and engineering as required for the Project and that all of its officers, partners, and/or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees; and
WHEREAS, DESIGN CONSULTANT also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the Scope of Work; and
WHEREAS, based on these representations and all other representations made by DESIGN CONSULTANT to CITY, CITY desires to retain DESIGN CONSULTANT to perform the Scope of Work.

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT’s scope of work, attached hereto as Exhibit B and incorporated herein by this reference (collectively, the project description in the Request and DESIGN CONSULTANT’s scope of work are referred to as “Scope of Work”). DESIGN CONSULTANT’s services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows (“Compensation”):

2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT’s actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed
$_____________________ exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in DESIGN CONSULTANT’s cost proposal.

2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $_______________ on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work.

CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT 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 DESIGN CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-ofpocket costs and taxes. CITY will pay no other compensation to DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $_____________ for performing the Scope of Work.

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

4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the DESIGN CONSULTANT’s performance under this Agreement, CITY may terminate this Agreement after providing DESIGN CONSULTANT with tendays written notice.

5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date.

RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

6. TIME FOR COMPLETION. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than .

7. CONTRACT ADMINISTRATOR.

CITY’s Contract Administrator is:

Name:

City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-_______
DESIGN CONSULTANT’s Project Manager shall be designated as:

Telephone: ( )
The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT, respectively.

8. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT’s sole cost, comply with all applicable 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.

9. INDEPENDENT CONTRACTOR. This Agreement calls for DESIGN CONSULTANT’s performance of the Scope of Work as an independent contractor. DESIGN CONSULTANT is not an agent or employee of 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 DESIGN CONSULTANT other than that of an independent contractor.

10. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed.

11. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

materials and supplies necessary to perform the services under this Agreement.

12. KEY PERSONNEL. DESIGN CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT 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 the key personnel are approved, DESIGN CONSULTANT shall not change such personnel without CITY’s written approval.

13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT’s sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California and perform the Scope of Work. DESIGN CONSULTANT must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If DESIGN CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If DESIGN CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. DESIGN CONSULTANT must provide proof that the requirements of this section are met when requested by CITY.

14. CONFLICTS OF INTEREST. DESIGN CONSULTANT hereby represents that both corporately and individually the firm and its employees and subconsultants:

14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon DESIGN CONSULTANT’s performance of the Scope of Work; and

14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project.

15. 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 RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

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.

16. ACCEPTANCE OF WORK. CITY’s acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this Agreement.

17. 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.

18. INSURANCE.

18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, DESIGN CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (“Basic Insurance Requirements”).

18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence.

18.1.2 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.

18.1.3 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:

18.1.3.1 Provide contractual liability coverage for the terms of this Agreement;

18.1.3.2 Provide products and completed operations
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

coverage;

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

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

18.1.4 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,
DESIGN CONSULTANT must submit to CITY the following
certification before beginning any work on the
Improvements:

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
the work of this contract.

By executing this Agreement, DESIGN CONSULTANT 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.

18.2 General Provisions Applying to All Insurance Types.

18.2.1 All policies required of DESIGN CONSULTANT must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, DESIGN
CONSULTANT 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
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

including other insurance or which is intended to defeat the intent or protection of an additional insured.

18.2.2 Except for professional liability insurance, all policies required of DESIGN CONSULTANT 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 DESIGN CONSULTANT’s insurance and must not
contribute with it.

18.2.3 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, selfinsured 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.

18.2.4 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.

18.2.5 Full compensation for all premiums which the DESIGN CONSULTANT 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.

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

18.2.7 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 RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

requirements for DESIGN CONSULTANT, and all
subcontractors must agree in writing to be bound by the provisions of this section.

19. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract.

CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification.

20. INDEMNITY.

20.1 DESIGN CONSULTANT 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, arising from DESIGN CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT or DESIGN CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

20.2 To the extent Civil Code Section 2782.8 is applicable to this Agreement, the DESIGN CONSULTANT 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, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties.

21. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

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) 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.

22. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY’s prior written consent.

23. ACCOUNTING RECORDS. DESIGN CONSULTANT 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 DESIGN CONSULTANT’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.

24. 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.

25. 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.

26. 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.

27. EXECUTION. This Agreement is effective upon execution. It is the product RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

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.

28. 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.

29. 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.

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

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

32. 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.

33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by CITY.

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

35. 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
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

1600 Truxtun Avenue
Bakersfield, California 93301
DESIGN CONSULTANT: ____________________________

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

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

38. TAX NUMBERS.

DESIGN CONSULTANT’s Federal Tax ID Number
DESIGN CONSULTANT is a corporation? Yes No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “DESIGN CONSULTANT”

CITY OF BAKERSFIELD (COMPANY NAME)
By: By:_________________________________
KAREN GOH, Mayor
Type or Print Name:

Title:

APPROVED AS TO CONTENT:

WATER DEPARTMENT
By:

KRISTINA BUDAK
Water Director
[Signatures on Following Page]
RFQ – WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations

APPROVED AS TO FORM:

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

By:

RANDY MCKEEGAN
Finance Director
Attachments: Exhibits A, B, and C
“I have received and reviewed the sample DESIGN CONSULTANT’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________ Attachment #3

Request for Information Form
WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations
Water Department -Wastewater Division
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Evette Roldan, Assistant Water Director
E-Mail: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question.

Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.

Date Submitted: Submitted by: Consultant:

Contact Person:

Address:

Telephone Number:

E-Mail:

QUESTION:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:

Addendum Required: YES___________ NO ______________
Attachment #4

Wastewater Treatment Plant Descriptions
Wastewater Treatment Plant No. 2
Plant 2 is a 25 MGD (million gallons per day) wastewater treatment plant. Its primary form of wastewater treatment is a trickling filter with settling tanks. Sludge removed in the settling tanks is treated via anaerobic digestion and is dewatered in drying beds. Dried sludge is then hauled offsite to City owned farm fields.

Staff:
1 Supervisor
1 Senior Certified Operator
5 Certified Operators
1 Lab Technician
1 Plant Mechanic
1 Plant Electrician
2 Service Maintenance Workers
Area and equipment:

Headworks, consisting of: 2 automatic bar screens, each with a screenings compactor and chute, and 4 raw influent pumps.

Grit chamber, consisting of: 2 bays, air diffusers, 2 pumps, and 1 grit classifier.

Primary clarifiers, consisting of: influent and effluent distribution boxes, 3 clarifiers each with sweeping and skimming mechanisms, 3 primary sludge pumps, 1 scum pit with submersible pumps.

Trickling filter stage, consisting of: 3 trickling filters with synthetic media, recirculation/transfer station, 5 recirculation pumps, and 4 transfer pumps.

Secondary clarifiers, consisting of: influent distribution box, 3 clarifiers each with sweeping and skimming mechanisms, 3 sludge pumps, and 2 scum pits each with 2 submersible pumps.

Anaerobic digestion system, consisting of: 4 anaerobic digesters, 2 mixing pumps, 2 boilers and heat loops, digester gas conveyance system, and 1 flare. 2 digesters and their components are currently offline. One of the offline digesters has a floating dome. Cogeneration system consisting of 2 internal combustion engines.

Septage and grease receiving station, consisting of: 6 rock traps, 2 septage screening units,

septage pit with 2 transfer pumps and aeration system, 1 grease holding tank with 2 recirculation pumps and two transfer pumps.

Foul air removal system, consisting of: 3 blower fans and wood chip media filtration. Treated areas include the headworks and the launder channels of the primary clarifiers.

Sludge drying beds, consisting of: 18 sludge drying beds(unlined) and sludge decanting system with 2 decant pumps.

Secondary effluent storage reservoirs, consisting of: 9 reservoirs, and pumping station with 4 pumps.
1 back-up generator for power outages.

Wastewater Treatment Plant
No. 3
Plant 3 is a 32 MGD (million gallons per day) wastewater treatment plant. Its primary form of wastewater treatment is activated sludge with settling tanks. Plant 3 is also capable of tertiary treatment via filtration and disinfection with sodium hypochlorite (2 MGD). Plant 3 is also capable of nitrogen removal. Sludge removed in the settling tanks is treated via anaerobic digestion and is dewatered with centrifuges. Dewatered sludge is then hauled offsite daily to City owned farm fields.

Staff:
2 Supervisors
1 Certified Senior Operator
10 Certified Operators
1 Lab Technician
1 Lab Assistant
2 Plant Mechanics
2 Plant Electricians
3 Service Maintenance Workers
1 Heavy Equipment Operator
1 Light Equipment Operator
Area and equipment:

Headworks, consisting of: 3 bar screens with automatic rake mechanisms, screenings compactor and conveyor, and 5 raw influent pumps.

Grit chamber, consisting: of 2 vortex channels, air diffusers, 2 pumps, and 2 grit classifiers.

Primary clarifiers, consisting of: 2 influent and 3 effluent distribution boxes, 8 primary clarifiers each with sweeping and skimming mechanisms, 6 primary sludge pumps, and 8 scum pits.

Aeration basins with activated sludge, consisting of: influent and effluent channels with air diffusers, 10 aeration basins, 10 return mixed liquor pumps for denitrification, 20 anoxic mixers, hundreds of fine bubble air diffusers, 2 agitation air blowers, and 5 aeration air blowers.

Secondary clarifiers, consisting of: 4 clarifiers each with sweeping and skimming mechanisms, 5 return activated sludge pumps, and 1 scum pit.

Dissolved air flotation thickener (DAFT): 2 DAFT’s, 2 sludge pumps, each DAFT has sweeping and skimming mechanisms, 2 polymer pumps and 2 air pressure regulators.

Anaerobic digestion system, consisting of: 8 anaerobic digesters, 6 mixing pumps, 6 boilers

and heat loops, digester gas conveyance system, 3 gas booster blowers, sludge transfer station with 2 pumps, 4 centrifuge feed pumps, gas treatment system and 1 flare. Gas treatment system removes hydrogen sulfide and has capability to remove silicon, but silicon removal system has operational deficiencies. 2 digesters are currently offline and their mixing and heating systems need to be replaced. One of the offline digesters has a floating dome.

Cogeneration system, consisting of: 2 internal combustion engines. There is a heat recovery system using the engines’ exhaust that is currently offline (would heat digesters when online).

Septage and grease receiving station, consisting of: 2 rock trap, 2 septage screening units, septage pit with 2 transfer pumps and aeration system, 1 grease holding tank with 2 recirculation pumps and 2 transfer pumps.

Foul air removal system, consisting of: 7 blower fans and 3 wood chip media filters.

Sludge dewatering facility, consisting of: 4 centrifuges, 4 inline grinders, 4 polymer pumps with mixing systems, 1 polymer storage tank, dewatered sludge conveyance system, and 2 truck scales. System is currently being upgraded to include a shade cover, polymer storage tank, and a day tank.

Secondary effluent percolation ponds, consisting of: 9 ponds, 2 pumping stations with 8 pumps. One station has 4 pumps that are offline.
1 mega-watt solar energy generation system, consisting of: single axis tracking system, combiner boxes, 4 inverters, and 1 step-up transformer. Limited in the number of inverters that can remain online during cogeneration engine runtime.

Cannot export excess power produced onsite.

Tertiary treatment system, consisting of: 1 poly-aluminum storage tank, 1 sodium hypochlorite storage tank, 3 feed pumps, 2 chemical feed pumps, 1 cloth media filter, 2 chlorine contact chambers, 4 return/transfer pumps, and 1 three-million-gallon storage tank with distribution and conveyance system.

Several back-up generators used to run the liquid processing systems of the plant during a power outage.
_______ ...,. ..

ProJec F-ee Pr posa fo VWVTP No '- a'l .... No
Upg,.ade ard E pa s1 Evaluations
July 21, 2025
Evette Roldan, Assistant Water Director
City of Bakersfield
Water Department - Wastewater Division
6901 Mccutchen Road
Bakersfield, CA 93313
Subject: Project Fee Proposal
A:COM
5001 E. Commercenter Drive, Suite 100
Bakersfield, CA 93309
T 661.283.2331
www.aecom.com
WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations
Dear Evette,
Enclosed is the AECOM Technical Services, Inc. (AECOM) Project Fee Proposal for the WWTP No. 2 and No. 3 Upgrade and Expansion Evaluations. The budget and schedule is per the requirements of the City's request for proposal. The Project Fee Proposal is for work at both WWTP No. 2 and No. 3 with the following proposed budget:

Task 1 - Project Administration
Task 2 - Tech Memo #1 -WWTP No. 2 Evaluation
Task 3 - Tech Memo #2 - WWTP No. 3 Evaluation
Task 4 - Tech Memo #3 - WWTP No. 4 Preliminary Planning Report $ 41,572
$ 373,397
$ 377,301
$ 260)92
Total $1,053,062
We appreciate the invitation to provide our fee proposal to the City and look forward to demonstrating that AECOM can again offer outstanding service to you. If you have questions or require additional information, please do not hesitate to contact us.

Sincerely,
AECOM Technical Services, Inc.
lll_,h� F��·L- A/41d�r Fortin, PE
Principal-in-Charge and WaterWastewater Pacific West Division Manager [email protected]
925.537.2673
3�'"'[.,,("'7r(,,C7�'-
Daniel Cronq , PE, PLS
Project Manager and Central
California Department Manager
[email protected]
661.283.2331

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: July 21, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023-111 with James Narducci dba Amestoy Hotel for an Economic Opportunity Area (EOA) Incentive Program Grant for façade improvements to extend the grant term to December 31, 2025 (Ward 2) RECOMMENDATION:

Staff recommends approval of the Agreement Amendment.

BACKGROUND: On May 10, 2023, the City Council approved an Economic Opportunity Area (EOA) grant with James Narducci (dba Amestoy Hotel) located at 622 East 21st Street. Agreement No. 2023-111 provided $106,317.57 in American Rescue Plan Act (ARPA) for façade improvements to cover the costs associated with lead abatement, window upgrades, downspouts, façade upgrades, and canvas awnings for the longstanding building and businesses.

On August 14, 2024, Amendment No 1. To Agreement No. 2023-111 was approved in the amount of $63,843 to cover the costs associated with exterior painting and interior tile flooring, for a revised not to exceed cost of $170,160.57, and to extend the project deadline to August 13, 2025.

Mr. Narducci has made considerable progress with the project thus far, and a noticeable transformation has taken place with the building. To date, $79,152.00 in reimbursements have been completed. Given the large project scope, the time and attention involved in maintaining the historic detail of the property, and unforeseen project and permit delays, an extension to allow time for completion of the project is needed. The proposed Agreement Amendment extends the time for completion approximately four months to December 31, 2025. Therefore, staff recommends approval of the amendment.

FISCAL IMPACT: There is no fiscal impact. Funds previously granted were budgeted in the Fiscal Year 2023-24 operating budget for ARPA.

COUNCIL GOAL:

Economic Opportunity for All
Community Character & Quality of Life
ATTACHMENT:

Agreement Amendment
PROJECT PROGRESS:

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: July 1, 2025
SUBJECT: Amendment No. 3 to Facilities Management Agreement No. 13-038 with ASM Global and AEG Management Bakersfield to eliminate the $500,000+ base fee paid by the City to the Manager, eliminates the $500,000 operating loss currently covered by the City, and pays the Manager of the Facilities an annual payment equal to 50% of the Net Operating Income for the management and operations of Dignity Health Arena, Theater, & Convention Center; Valley Children’s Ice Sports Center; and Dignity Health Amphitheatre. (Ward 2)
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On March 20, 2013, the City of Bakersfield and AEG Management Bakersfield, LLC, entered into a Facilities Management Agreement for the management and operations of the Dignity Health Arena, Theater, & Convention Center; Valley Children’s Ice Sports Center; and Dignity Health Amphitheatre. Agreement No. 13-038 granted AEG Management Bakersfield authority and responsibility to manage, operate, and market the Facilities in accordance with the terms of Agreement No. 13-038 based on their qualifications to staff, manage, operate, and maintain the Facilities in order to achieve the stated goals and objects outlined in the original Request for Proposals.

On July 13, 2020, Amendment No. 1 to Agreement No. 13-038 was amended to temporarily stay the City’s reimbursement to the Manager until January 2021 due to the COVID-19 pandemic. On January 25, 2023, Amendment No. 2 to Agreement N0. 13-038 was amended to exercise the extension of the term of the Agreement to June 30, 2028, pursuant to Section 6.1.2 of Agreement No. 13-038.

This proposed Amendment No. 3 to Agreement No. 13-038 would change the financial incentives and responsibilities of the Agreement. Amendment No. 3 to Agreement No. 13-038 proposes to eliminate the $500,000+ base fee paid by the City to the Manager, eliminates the $500,000 operating loss currently covered by the City, and pays the Manager of the Facilities an annual payment equal to 50% of the Net Operating Income. In this new model the Manager will assume 100% of the Aggregate Net Operating Loss, where-in the current Agreement the City assumes the loss.

FISCAL IMPACT:

The City will no longer pay the Manager a yearly management fee of $500,000+ and will no longer be responsible for the Aggregate Net Operating Loss, currently up to $500,000. Moving forward the City would split the Net Operating Income, 50/50, with the Manager. Without having the burden of the management fee and the aggregate operating loss, the City would be potentially saving one million dollars per year.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Amendment No. 3 to Agreement No. 13-038

2. DocuSign Summary
AMENDMENT NO. 3 TO AGREEMENT NO. 13.038 Page 1 of 5
C:\Users\Docusign\Appdata\Local\Temp\Abcpdf\Da62e8c6-0b96-42ec-B3a3-D1e0f6073a19.Doc AGREEMENT NO. __________________
AMENDMENT NO. [3] TO
AGREEMENT NO. 13-038
This AMENDMENT NO. 3 TO AGREEMENT NO. 13-038 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ASM Global / AEG MANAGEMENT BAKERSFIELD, LLC, a limited liability company authorized to do business in California (referred to herein as “MANAGER”) and AEG FACILITIES, LLC, a limited liability company authorized to do business in California.

R E C I T A L S
WHEREAS, City currently owns and operates the Dignity Health Arena, Theater, and Convention Center ("ATC"); the Valley Children’s Hospital Ice Center ("Ice Center"); and the Dignity Health Amphitheatre ("Amphitheatre") (the ATC, Ice Center, and Amphitheatre may be individually referred to as "Facility" or collectively referred to as "Facilities"); and WHEREAS, on March 20, 2013, CITY and MANAGER entered into Agreement No. 13-038 regarding the management and operation of the Facilities; and
WHEREAS, CITY granted the MANAGER authority and responsibility to manage, operate, and market the Facilities in accordance with the terms of Agreement No. 13-038 based on MANAGER’S qualifications to staff, manage, operate, and maintain the Facilities in order to achieve the stated goals and objects outlined in MANAGER’S Request for Proposals; and WHEREAS, on July 13, 2020, the parties entered into Amendment No. 1 to Agreement No. 13-038 to temporarily stay the CITY’S reimbursement to MANAGER until January 2021 due to the COVID-19 pandemic; and WHEREAS, on January 25, 2023, the parties entered into Amendment No. 2 to Agreement No. 13-038 to exercise the extension of the Term of the Agreement to June 30, 2028, pursuant to Section 6.1.2 of Agreement No. 13-038; and
Docusign Envelope ID: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 AMENDMENT NO. 3 TO AGREEMENT NO. 13.038 Page 2 of 5
C:\Users\Docusign\Appdata\Local\Temp\Abcpdf\Da62e8c6-0b96-42ec-B3a3-D1e0f6073a19.Doc WHEREAS, CITY and MANAGER now desire to amend Agreement No. 13- 038, a third time to extend the Term and to amend certain terms and conditions of the Agreement.

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

1. Section 4.1 of Agreement No. 13-038 entitled “Base Fee” is hereby deleted and replaced with the following language:

4.1 Base Fee. Beginning July 1, 2025, CITY will no longer pay MANAGER a base fee.

2. Section 4.2 of Agreement No. 13-038 entitled “Incentive Payments” is hereby deleted and replaced with the following language:

4.2 Incentive Payments. CITY and MANAGER have agreed that the original structure of the Incentive Payments in Agreement No. 13-038, which separated each Facility individually, with a benchmark and percent improvement from benchmark, will no longer exist. The new Incentive Payment will be made based on the totality of the Net Operating Income from the three venues referred to as Facilities, which are the Dignity Health Arena, Theater, & Convention Center; the Valley Children’s Ice Sports Center; and the Dignity Health Amphitheatre. Beginning July 1, 2025, CITY shall pay the MANAGER an annual incentive payment equal to FIFTY PERCENT (50%) of Net Operating Income generated by the Facilities, with the CITY retaining the balance. For this Agreement, Net Operating Income is defined as Operating Revenues less Operating Expenses.

3. Section 5 of Agreement No. 13-038 entitled “NET LOSS GUARANTEE” is hereby amended to read as follows:

5. NET LOSS GUARANTEE. Beginning July 1, 2025, MANAGER will assume ONE HUNDRED PERCENT (100%) of the Aggregate Net
Operating Loss responsibility, if any, resulting from the operation of the Facilities. Should operation of the Facilities result in a Net Operating Loss requiring MANAGER to fund such losses( referred to herein as Shortfall Funding), during any fiscal period, the annual incentive payment shall be adjusted to allow the MANAGER to receive ONE HUNDRED PERCENT (100%) of Net Operating Income during future fiscal periods until the MANAGER’s Shortfall Funding has been fully recaptured. After MANAGER recaptures the Shortfall Funding, the annual Incentive Payment to the MANAGER will revert Docusign Envelope ID: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 AMENDMENT NO. 3 TO AGREEMENT NO. 13.038 Page 3 of 5
C:\Users\Docusign\Appdata\Local\Temp\Abcpdf\Da62e8c6-0b96-42ec-B3a3-D1e0f6073a19.Doc back to an amount equal to FIFTY PERCENT (50%) of the Net Operating Income.

4. Section 6 of Agreement No. 13-038 entitled “TERM AND TERMINATION” is hereby amended to read as follows:

6.1. Term. This Agreement will commence on the Effective Date and terminate on June 30, 2033 (“Term”).
(Sections 6.1.1. and 6.1.2. of Agreement No. 13-038 were removed in Amendment No. 2 dated January 25, 2023)

6.2 Termination for Cause. Either party may terminate this Agreement for cause upon thirty-days written notice if the other party commits a Material Breach, as defined below. In addition, Manager shall have the right to terminate this Agreement immediately if ownership or possession of all or a major portion of the Facilities is transferred to a third party, or the ownership thereof is otherwise materially altered, or the City provides for a material change in the use of the Facilities or otherwise significantly and materially impairs (in Manager's reasonable discretion) Manager's ability to operate the Facilities.

6.3. Automatic Termination. This Agreement will terminate automatically, without action or notice by either party, if any of the following occurs:

6.3.1. Manager files or has filed against it a voluntary or involuntary petition in bankruptcy or a voluntary or
involuntary petition or an answer seeking
reorganization;

6.3.2. In connection with a bankruptcy proceeding, an
arrangement or readjustment of Manager's debts is
made or for any other relief under the Bankruptcy
Code, as amended, or under any other state or
federal insolvency act or law not dismissed within sixty days thereof;

6.3.3. Any action by Manager indicating its consent to, approval of, or acquiescence to the appointment of
a receiver or trustee for all or a substantial part of its property;
Docusign Envelope ID: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 AMENDMENT NO. 3 TO AGREEMENT NO. 13.038 Page 4 of 5
C:\Users\Docusign\Appdata\Local\Temp\Abcpdf\Da62e8c6-0b96-42ec-B3a3-D1e0f6073a19.Doc

6.3.4. Any assignment of Manager's property for the benefit of creditors;

6.3.5. Manager's inability or admission in writing of its inability to pay its debts as they mature; or

6.3.6. The liquidation, dissolution, or termination of the corporate or partnership existence of Manager.

6.4 Effect of Termination. In the event this Agreement expires or is terminated pursuant to the termination rights contained herein, (i) all Operating Expenses incurred or committed for prior to the date of expiration or termination shall be paid using funds on deposit in the applicable accounts, and to the extent such funds are not sufficient, City shall pay all such Operating Expenses and shall indemnify and hold Manager harmless therefrom and (ii) City shall promptly pay Manager (or Manager shall be entitled to retain out of the Operating Fund, as applicable) the following: (a) the Base Fee and Incentive Payments (subject to proration) and (b) the unamortized portion of the Capital Contribution as set forth in Section 3.8.1 and (c) in the event of an early termination of this Agreement, all amounts remaining in the Event Development Account as set forth in Section 3.8.2.5. Upon a termination pursuant to Sections 6.2 or 6.3 hereof, all further obligations of the parties hereunder shall terminate except for the obligations in this Sections

6.4 and 9 hereof; provided, however, and without limiting any rights or remedies of the parties available at law or equity, that if such termination is the result of a default, the nondefaulting party exercising its right to terminate this Agreement shall be entitled to seek recovery for damages for breach arising from such default. Notwithstanding the foregoing, in the event that this Agreement is terminated as a result of a Material Breach by City, in addition to the Manager retaining the Base Fee and Incentive Payments (subject to proration) as well as the unamortized portion of the Capital Contribution, the Net Loss Guarantee shall not be in effect, and Manager shall not be required to make any Aggregate Net Loss Payment, for the Fiscal Year in which the termination occurs.

6.5. Non-Operational Facility. If for any reason one or more of the Facilities becomes non-operational during the term of this Docusign Envelope ID: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 AMENDMENT NO. 3 TO AGREEMENT NO. 13.038 Page 5 of 5
C:\Users\Docusign\Appdata\Local\Temp\Abcpdf\Da62e8c6-0b96-42ec-B3a3-D1e0f6073a19.Doc Agreement, CITY and MANAGER will mutually work together to adjust the terms of the Agreement to account for the interruption.

5. Except as amended herein, all provisions of Agreement No. 13-038 as amended shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 13-038 to be executed the day and year first above written.
“CITY” “MANAGER”

CITY OF BAKERSFIELD ASM GLOBAL, LLC
By: ____________________________ By: ________________________________

KAREN GOH TIM LAMORIELLO
Mayor General Counsel
APPROVED AS TO CONTENT: AEG MANAGEMENT BAKERSFIELD, LLC CITY MANAGER’S OFFICE
By: ________________________________

ZACHARY AUGUSTINE
By: ____________________________ Vice President

CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By: ____________________________
City Attorney
COUNTERSIGNED:

By: ____________________________

RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 Certificate Of Completion
Envelope Id: 0DBE575A-DF21-42F0-ACC6-8D4E88CDF686 Status: Completed Subject: Complete with Docusign: Amendment 3 to Agr.No.13-038ASMGLOBALfinal.doc Source Envelope:

Document Pages: 5 Signatures: 3 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
7/2/2025 10:22:53 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
Tim Lamoriello
[email protected]
SVP, General Counsel
Legends
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 69.113.180.187
Sent: 7/2/2025 10:25:53 AM
Resent: 7/9/2025 4:38:35 PM
Viewed: 7/14/2025 11:05:28 AM
Signed: 7/14/2025 11:16:19 AM
Electronic Record and Signature Disclosure:

Accepted: 7/14/2025 11:05:28 AM
ID: be4c3b1e-17fb-46da-ba50-a2cd84cab27c
Zachary Augustine
[email protected]
Assistant General Counsel
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 68.83.161.111
Sent: 7/14/2025 11:16:20 AM
Viewed: 7/14/2025 11:16:53 AM
Signed: 7/14/2025 11:17:58 AM
Electronic Record and Signature Disclosure:

Accepted: 7/14/2025 11:16:53 AM
ID: 1d8759c2-dfa9-46c3-b829-c2c38b26d323
Christian Clegg
[email protected]
City Manager
City of Bakersfield
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 7/14/2025 11:17:59 AM
Viewed: 7/14/2025 11:21:10 AM
Signed: 8/4/2025 12:52:59 PM
Electronic Record and Signature Disclosure:

Accepted: 8/4/2025 12:51:28 PM
ID: 630ef136-356d-474f-b22f-04ec85757f7c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
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Witness Events Signature Timestamp
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/2/2025 10:25:53 AM
Certified Delivered Security Checked 7/14/2025 11:21:10 AM Signing Complete Security Checked 8/4/2025 12:52:59 PM
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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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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: Tim Lamoriello, Zachary Augustine, Christian Clegg 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: August 13, 2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 16, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2023-223 with Advanced Distribution (extend term to September 13, 2026) to continue on-call maintenance, repair, and opacity testing services for City’s Fleet Division vehicles and equipment.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The Public Works Department’s Fleet Division is responsible for the maintenance and repair of City vehicles and equipment. The City’s vehicles and equipment often need additional resources primarily for repair, maintenance, and outfitting of vehicle components and systems.

On September 13, 2023, the City entered into Agreement No. 2023-223 with Advanced Distribution to provide maintenance, repair, and opacity testing services on various vehicles and equipment.

The City’s partnership with Advanced Distribution has been a success as the vendor is efficient in responding to and performing on-call services to City vehicles and equipment in a timely manner and provides quality work.

At this time, staff recommends exercising the option to extend the contract for one additional year through September 13, 2026, in accordance with the original terms of Agreement No. 2023-223. The amendment will provide for continued repair, maintenance, and opacity testing services on various City vehicles and equipment. Total compensation will remain the same.

FISCAL IMPACT:

Sufficient funds are within the Fiscal Year budget 2025-2026 and available in the Equipment Fund to cover costs associated with this amendment.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Advanced Distribution Amendment No. 1 06-18-2025

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 16, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2023-236 with Cal Valley Equipment, LLC (extend term to September 27, 2026) to continue on-call maintenance and repair of fueling stations.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The Public Works Department’s Fleet Division is responsible for the maintenance and repair of City vehicles and equipment. The City’s vehicles and equipment often need additional resources primarily for repair, maintenance, and outfitting of vehicle components and systems.

On September 27, 2023, the City entered into Agreement No. 2023-236 with Cal Valley Equipment, LLC to provide maintenance and repair of City’s fueling stations.

The City’s partnership with Cal Valley Equipment, LLC has been a success as the vendor is efficient in responding to and performing on-call services to City fuel stations in a timely manner and provides quality work.

At this time, staff recommends exercising the option to extend the contract for one additional year through September 27, 2026, in accordance with the original terms of Agreement No. 2023-236. The amendment will provide for continued repair and maintenance of various City fuel stations. Total compensation will remain the same.

FISCAL IMPACT:

Sufficient funds are within the Fiscal Year budget 2025-2026 and available in the Equipment Fund to cover costs associated with this amendment.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Cal Valley Amendment No. 1 06-19-2025

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: August 6, 2025
SUBJECT: Amendment No. 4 to Agreement No. 2023-238 with Cen-Cal Construction (increase by $2,500,000; revised not to exceed $6,571,500) to continue the supply of concrete construction.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

On September 27, 2023, the City Council approved the annual contract for the supply of concrete construction with J. L. Plank, Inc., dba Cen-Cal Construction, in the amount of $1,511,500; renewable annually thereafter for four consecutive one-year periods.

This contract is on-call as needed, used by multiple departments within the City, including Water Resources Department, Fire Department, Recreation and Parks Department, and Public Works Department.

Per the terms of the contract, two (2) amendments to increase the contract and/or to extend the contract have been approved as follows:
 Amendment 1 approved September 11, 2024; increased compensation by $1,560,000 for a revised not to exceed amount of $3,071,500 and extended the term by one year to September 26, 2025.
 Amendment 2 approved April 9, 2025; increased compensation by $500,000 for a revised not to exceed amount of $3,571,500.
 Amendment 3 approved June 11, 2025; increased compensation by $500,000 for a revised not to exceed amount of $4,071,500.

Per the bid specifications, the City may exercise the option to extend the term of the agreement with price adjustments determined by a combined evaluation of labor cost increases based on applicable work classifications published by the California Department of Industrial Relations for Kern County as well as changes in material and overhead costs, as reflected in the U.S. Department of Labor's Producer Price Index (PPI). J.L.

Plank, Inc., dba Cen-Cal Construction, has proposed a 2.7% increase to their bid price, which is below the combined increase indicated by the most recent PPI data and labor cost adjustments from the State of California.

Increased demand for concrete construction, along with requirements for ADA compliance, has significantly raised the level of contract usage. If approved, Amendment No. 4 will increase the contract compensation by $2,500,000, bringing the total not-to-exceed amount to $6,571,500 allowing the City to continue addressing concrete construction needs through the contract’s term ending September 26, 2026.

FISCAL IMPACT:

Sufficient funds are budgeted in the various departments Enterprise Funds, Capital Projects Funds as well as General Fund operating accounts.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement

ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: 7/29/2025
SUBJECT: Contract Change Order No. 80 to Agreement No. 19-069 with Security Paving Company (increasing compensation by $100,409.39; revised not to exceed $152,119,004.58) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3) RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The Centennial Corridor Mainline Project (Project) proposes to extend 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 collector-distributor on the northbound SR-99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR-58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR-58/Cottonwood Road interchange). This Project was awarded in July of 2019.

Change Order No. 80 increases compensation to the contractor for the cost of colored concrete barrier.

The City and Contractor had been in dispute over the cost of colored concrete barrier, the limits of which were unclear in the project plans. Both parties went through the claims process. This change order is in accordance with the Dispute Resolution Board’s recommendation under Potential Claim Record No. 36 resulting in an increase of $100,409.39.

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 $5,105,348.33 which results in a 3.47% increase of the original contract amount as illustrated below:

Original Contract Amount = $147,013,656.25
Previous Change Orders = $5,004,938.94
Current Change Orders = $100,409.39
Amended Contract Agreement after CCOs = $152,119,004.58 Net Increase to date = $5,105,348.33
There is no General Fund impact associated with this change order.

Federal, State, and Local funding for these change orders is available in project TRCC21 Centennial Corridor Phase 4 Mainline.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. CCO 080 – Colored Concrete Barrier

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

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 DATE: 4/27/2025
CHANGE REQUESTED BY: Arturo Infante DATE: 4/27/2025
ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $100,409.40
335-4021-825.80-41 TRCC21 DECREASE
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None 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:

Adjustment in Compensation at Agreed Lump Sum
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.

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. 19-069 80
NCIIPL-5109(251)
CHANGE ORDER NO.

Centennial Corridor MAINLINE
In accordance with Section 9-1.17D, "Final Payment and Claims," of the Standard Specifications, compensate the contractor for Claim No. 36.

This claim was referred to the Dispute Resolution Board (DRB) on Feb 17, 2025. The DRB issued a unanimous decision on March 7, 20255, following the DRB recommendation , the contractor will be compensated for the following:

The estimated amount of colored concrete that the contractor will be compensated as a result of this recommendation is 1,568 cubic yards.

Contractor shall be compensated 1,852.05 CY @ $60/CY = $111,123.00 This adjustment will account for all the concrete barriers, soundwalls, and anchor blocks, excluding median barriers"SR58", West of Sta 568+00. to be integrally pigmented colored concrete. The color must match Davis color No. 5477 "Mesa Buff" The estimated amount of colored concrete to be credited as a result of this recommendation is 186 cubic yards.

Contractor shall credit the City 178.56 CY @ $60/CY = $10,713.60 For the above listed claim, the Contractor agrees to accept a lump sum payment of $100,409.39 including all markups for this change. This change order provides full and final compensation for and resolves all aspects of the Contractor's Claim No. 36 as described above.

UNILATERAL

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: July 30, 2025
SUBJECT: CBK-83 Tank and Booster Station (Ward 5)

1. Contract Change Orders Nos. 1 – 2 to Agreement No. 2025-019 with Nicholas Construction, Inc. ($86,000; revised not to exceed $3,156,004).

2. Appropriate $300,000 from the Domestic Water Fund Balance to the Water Department’s Capital Improvement Program budget for the project.

RECOMMENDATION:

Staff recommends approval of the contract change orders and appropriation.

BACKGROUND:

The project consists of the construction of a new domestic water facility to support the Stockdale Ranch community build-out. The facility includes a 300,000-gallon water storage tank and four booster pumps, designed to deliver adequate water flow and pressure based on the findings of the Water System Study completed by Porter & Associates, Inc. on August 21, 2015.

Item 1:

Contract Change Order No. 1 – provides for additional conduits needed in order to provide electrical service from PG&E. The scope of work includes the installation of approximately 462-ft of 4-inch diameter PVC primary conduit from the service pole to the transformer and approximately 56-ft of 5-inch diameter PVC secondary conduit from the transformer to the electrical switchboard. Cost: $61,000 Contract Change Order No. 2 – provides for construction staking, including survey calculations and cut sheets. The work will consist of approximately seven (7) trips throughout the course of construction and approximately 56 hours for construction staking. Cost: $25,000 Original Contract Amount = $3,070,004
Total of Previous Change Orders = $0
Current Change Orders = $86,000
Amended Contract Agreement after CCOs = $3,156,004
Net Increase to Date = $86,000
Item 2:

An appropriation of $300,000 from the Domestic Water Fund is requested in order to fund the contract change orders, as well as provide contingency funds for unforeseen costs during the contraction phase.

FISCAL IMPACT:

The funding source for this project is the Domestic Water Fund; with approval of the requested appropriation, sufficient funds will be available in the Water Resources Capital Improvement Budget, therefore these contract change orders have no impact to the City’s General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Contract Change Order No. 1

2. Contract Change Order No. 2

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: August 6, 2025
SUBJECT: Air Conditioning Replacement at Fire Station 14 Accept bid and approve contract with Johnson Controls, Inc., Bakersfield, CA, (not to exceed $139,836) for Air Conditioning Replacement at Fire Station 14 (Ward 5) RECOMMENDATION:

Staff recommend acceptance of bid and approval of contract.

BACKGROUND:

Bids were solicited to replace the air conditioning system at Fire Station 14. Two bids were received in response to the solicitation.

The air conditioning unit at Fire Station 14 is over 16 years old and has become increasingly unreliable, requiring frequent and costly repairs. Due to its age, many of the necessary components are now obsolete and unavailable. Over the past two years, the existing unit has been out of service for extended periods, resulting in thousands of dollars in repair costs for the City. Staff recommend installing a new, more energy-efficient unit to ensure reliable operation and reduce future maintenance expenses.

The two bids received are as follows:

BIDDER AMOUNT
Johnson Controls
Bakersfield, CA $139,836
Mesa Energy Systems, Inc
Irvine, CA $144,971
FISCAL IMPACT:

Funds in the amount of $65,000 were previously budgeted for this project in the Capital Outlay Fund. Staff have identified savings within the same fund to cover the remaining $74,836 needed to fully fund the project. No additional appropriations or fund transfers are necessary.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Bid response with specifications

1. Bid tabulation

3. Agreement

QTY UOM UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 LS 8,120.00 8,120.00 14,497.10 14497.10
1 EA 55,703.00 55,703.00 86,982.60 86982.60
1 EA 23,635.00 23,635.00 7248.55 7248.55
1 EA 47,271.00 47,271.00 28994.20 28994.20
1 EA 5,107.00 5,107.00 7248.55 7248.55
$ 139,836.00 $ 144,971.00

DESCRIPTION
Mobilizaiton
VRF Equipment and Materials
TOTAL
Mesa Energy Systems, Inc.

Irvine, CA
Johnson Controls, Inc.

Bakersfield, CA
24-25-45

AIR CONDITIONING REPLACEMENT FOR
FIRE STATION 14
Demolition
Installation
Disposal Fees for Old Equipment

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent - Bids
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: July 14, 2025
SUBJECT: Accept bid and approve contract with Midstate Sheetmetal, Inc., ($403,869) for Fire Station 1 Apparatus Bay and Administrative Office Re-roof. (Ward 2) RECOMMENDATION:

Staff recommend acceptance of bid and approval of contract.

BACKGROUND:

Bids were solicited to Fire Station 1 Apparatus Bay and Administrative Office Re-roof. Seven bids were received in response to the solicitation.

The existing roof on the Apparatus Bay and Administrative Office at Fire Station 1 is an 80-year-old composition roof, last maintained in 2011, and is now in need of refurbishment. Re-roofing the structure will improve protection against weather-related issues such as leaks and water intrusion, while also enhancing the building’s insulation.

The seven bids received are as follows:

BIDDER AMOUNT
Midstate Sheetmetal, Inc.

Bakersfield, CA $403,869
Pacific Polymers, Inc.

Herald, CA $404,818
KRGS Roofing, Inc.

Beaumont, CA $450,647
Graham Prewett, Inc.

Fresno, CA $470,000
Fresno Roofing Co, Inc.

Fresno, CA $474,475
Pacific Builders & Roofing Inc., dba WSP Roofing
Granite Bay, CA $489,100
Brazos Urethane, Inc.

Madera, CA $525,142
FISCAL IMPACT:

Funds in the amount of $397,100 have been previously budgeted in the Capital Outlay Fund for this project. Staff have recognized savings in the Capital Outlay Fund to cover the shortage in the amount of $6,769 to cover the difference. No appropriation of funds is required.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 9, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 30, 2025
SUBJECT: Pavement Rehabilitation 24-25 Regional Surface Transportation Program (RSTP): Ming Ave from Buena Vista Road to Gosford Road

1. Accept bid and approve contract with Griffith Company ($5,192,735.00) for the project.

2. Authorize staff to approve, as necessary, up to $200,000 in City-controlled contingency for unforeseen conditions encountered during construction of project. (Ward 5, 6)
RECOMMENDATION:

Staff recommends acceptance of proposal, award of contract, and approval of City-controlled contingency.

BACKGROUND:

The work to be performed consists, in general, of pavement rehabilitation on Ming Avenue from Buena Vista Road to Gosford Road. Work shall include cold planing of the existing pavement. Other items include construction of new pavement using Rubberized Hot Mix Asphalt (R-HMA) and Hot Mix Asphalt (HMA), installation of pavement striping and markings, including MMA Green Bike Lane striping, traffic detector loops, modification of existing curbs and gutters, access ramps to meet current ADA standards, and adjustment of water valves, manholes, and monuments.

This project was reviewed and designed at the highest level of consistency with the City’s Complete Streets Policy.

Item No. 1. This project is predominantly federally funded through the Regional Surface Transportation Program (RSTP), which provides up to 88.53% of the funding, while Gas Tax Funds (GTF) provides the remaining 11.47% local match requirement.

The Engineer’s Estimate for this project is $5,774,000.

On June 12, 2025, the City received three (3) bids for this project. All three bids were deemed acceptable.

Those acceptable bids are as follows:

Griffith Company
1128 Carrier Parkway Ave.

Bakersfield, CA 93308 in the amount of $5,192,735.00
Granite Construction Co.
3005 James Road
Bakersfield, CA 93308 in the amount of $5,353,481.00
Bowman Asphalt Inc.
3333 Gibson Street
Bakersfield, CA 93308 in the amount of $5,640,000.00
Staff recommends acceptance of the bids and approval of the construction contract to the lowest responsive and responsible bidder, Griffith Company.

Item No. 2. Bakersfield Municipal Code section 3.20.105(E) authorizes Public Works Contract Amendments to be executed via Change Order, provided that Change Orders which exceed $10,000 must be approved by the City Council. Staff is requesting pre-approval of up to $200,000 for City-controlled contingency for unforeseen conditions encountered during construction of this project, to be executed via authorized Change Order(s). Any costs which exceed the City Council approved contingency, cumulative or otherwise, would require action and approval from the City Council. This City-controlled contingency will save staff time by not having to prepare multiple Council reports for individual routine change orders throughout the project, should they arise. All remaining contingency funds not used will be returned to the fund balance at the end of the project.

FISCAL IMPACT:

This project is funded with Regional Surface Transportation Program (RSTP) federal funds and local Gas Tax Funds (GTF); therefore, there is no general fund impact associated with the award of this contract.

There are sufficient funds available to award of this agreement, contingencies, and construction engineering staff time in Project 25WDE01.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. 30136 COB Ming Ave SM Signed

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Successor Agency Business TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: August 1, 2025
SUBJECT: Receive and file Successor Agency payments from July 11, 2025, to July 31, 2025, in the amount of $737,060.13.
[Document Description]
RECOMMENDATION:

Staff recommends report be received and filed.

BACKGROUND:

The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency has a Recognized Obligation Payment Schedule (ROPS) approved by both the Bakersfield Oversight Board and the DOF. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency.

A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction.

Check #9998447 to U S BANK CR:US BANK TRUST NA for $560,935.13 for Debt service payments for Ibank, HUD, and Tax Allocation Bonds.

Check #9998448 to U S BANK TRUST for $176,125.00 for Debt service payments for Ibank, HUD, and Tax Allocation Bonds.

FISCAL IMPACT:
$737,060.13
COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Oracle SA Admin Check Register 8.13.2025
8/1/2025 AP - CHECK REGISTER - SUCCESSOR AGENCY
FROM
07/11/2025 - 07/31/2025
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Total
9998447 2710 U S BANK CR:US BANK TRUST NA 7/17/2025 $ 560,935.13 9998448 2810 U S BANK TRUST 7/17/2025 $ 176,125.00
0 $737,060.13
E-Payables
Number
Vendor
Number Vendor Name E-Payable Date E-Payables Amount

0.00 0 $0.00
0 $737,060.13
Disbursement Total
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - SA\8.13.25\

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: July 23, 2025
SUBJECT: Master Memorandum of Understanding with Kern Behavioral Health and Recovery Services for Homeless Co-Response Program
with the Bakersfield Police Department.

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND: The Bakersfield Police Department (BPD) and Kern Behavioral Health and Recovery Services (Kern BHRS) are using innovative strategies to partner on handling behavioral health (BH) matters in our community by establishing a Homeless Co-Response Program focusing on those suffering from mental health issues who are also experiencing homelessness. Homeless Co-Response units consist of a police officer and a BH Clinician working together in the field. These teams can increase service capacity, decrease response times and increase efficiency while also increasing the likelihood of obtaining a positive resolution.

The BPD and Kern BHRS conducted a pilot program and during this pilot program one clinician diverted approximately 70% of the 600 plus assigned calls, preventing a police officer response over 480 times to non-emergency calls. By implementing these strategies, we will decrease law enforcement contact with subjects in crisis who are better served by BH staff intervention and as a result decrease response times to other priority calls.

On August 31, 2022, the City and County of Kern, on behalf of Kern BHRS, entered into Agreement No. 2022-181 to solidify the joint provision of services between BPD and Kern BHRS, for a total annual amount of $405,000 ($135,000 per position), and a term date of June 30, 2023.

On August 8, 2023, the City and Kern BHRS entered into Amendment 1 to Agreement No. 2022-181 to increase funding by $405,000 for FY23/24 and $405,000 for FY24/25; for a revised total not to exceed amount of $1,215,000 and a term date of June 30, 2025.

The City now desires to enter into a new agreement with Kern BHRS in the amount of $405,000 and a term date of July 1, 2025, to June 30, 2026, to continue Homeless Co-Response services.

FISCAL IMPACT:

Sufficient funds are available within the Fiscal Year 2025-26 Budget and available in the PSVS fund to cover costs associated with this amendment.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Signed Agreement

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent Public Hearings TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 25, 2025
SUBJECT: Non-Summary Vacation of the Alley Between F and G Streets located behind 1820 18th Street
Resolution to Vacate the Alley between F and G Streets located behind 1820 18th Street RECOMMENDATION:

Staff Recommends the adoption of the Resolution
BACKGROUND:

Sage Bakersfield, applicant on behalf of owner, Church Plaza LLC, has requested a Non-Summary Vacation in accordance with Section 8330, et, seq., specifically Section 8331, of the State and Highway Code, the purpose of this full alley vacation is to privatize to enable higher security. The applicant has provided a signed private alley maintenance and access agreement with adjacent owner’s signatures. This privatized alley will also be used by residents of the new multifamily development planned for 1820 18th Street.

The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is a city sewer facility in the vacating area. A public utility easement will be placed over the vacated area.

The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report.

Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report.

The proposed vacation was approved by the Planning Department on June 10, 2025, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402.

FISCAL IMPACT:

There is no fiscal impact to the City.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

1. Resolution Final Hearing

2. Exhibit A

3. Exhibit B
C:\Program Files\eSCRIBE\TEMP\13251953337\13251953337,,,Resolution Final Hearing .doc

RESOLUTION NO.

A RESOLUTION OF THE COUNCIL TO VACATE THAT
PORTION OF THE “WALL STREET” ALLEY BETWEEN
G STREET AND F STREET, BEHIND 1820 18TH
STREET
(WARD 2)
WHEREAS, on WEDNESDAY, JUNE 25, 2025, the Council of the City of Bakersfield, pursuant to the provisions of the “Public Streets, Highways and Service Easements Vacation Law,” Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, declared its intention to vacate that portion of the “Wall Street” alley between G Street and F Street, behind 1820 18th Street (Ward 2); and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on AUGUST 13, 2025, after notices of said hearing were duly published and posted as required by law; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and
WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 on June 10, 2025, by the Planning Director.

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

1. The above recitals are true and correct and are incorporated herein.

2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California.

3. The Council orders the vacation of that portion of the “Wall Street” alley between G Street and F Street, behind 1820 18th Street (more specifically described in Exhibit “A” and illustrated in Exhibit “B”, which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California.

4. The City is to reserve a Public Utility Easement (PUE) over the vacated area of the 33’alley running east and west between G Street and F Street, behind 1820 18th Street

5. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California.

C:\Program Files\eSCRIBE\TEMP\13251953337\13251953337,,,Resolution Final Hearing .doc

C:\Program Files\eSCRIBE\TEMP\13251953337\13251953337,,,Resolution Final Hearing .doc

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________ by the following vote:

AYES: COUCILMEMBER ARIAS , GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUCILMEMBER
ABSTAIN: COUCILMEMBER
ABSENT: COUCILMEMBER
________________________________

JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED: _________________
BY ______________________________

KAREN GOH
Mayor of the City of Bakersfield
APPROVED AS TO FORM:

VIRGINIA GENNARO

CITY ATTORNEY
By: _________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit “A”
Exhibit “B”

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Consent Calendar – Public Hearing TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: July 24, 2025
SUBJECT: Public hearing to consider Downtown Revitalization Grant Agreement with Dolores C.

Huerta Foundation (not to exceed $300,000) for site improvements Grant Agreement that will outline reimbursement of costs, including costs associated with replacement of aging infrastructure including sewer, storm drainage, streetlights, sidewalks, and installation of new landscaping for future infill development that will consist of a new cultural center. (Ward 2)
RECOMMENDATION:

Staff recommend approval of the grant agreement.

BACKGROUND:

In 2018, the City of Bakersfield adopted the Making Downtown Vision Plan, a comprehensive strategy to transform Downtown Bakersfield into a vibrant center for economic, cultural, and community activity.

Aligned with this effort, the City subsequently adopted the Downtown Corridor Enhancement Plan to guide design and streetscape improvements and incorporated Downtown-focused initiatives into its Economic Development Strategic Plan.

To support implementation of these plans, the City developed the Downtown Revitalization Incentive Program to encourage redevelopment of underutilized and vacant properties, attract private investment, and improve the built environment. This program provides grant funding for qualified projects that promote economic activity, enhance infrastructure, and improve quality of life in the downtown area.

The City has received a proposal from the Dolores C. Huerta Foundation, a California Nonprofit Public Benefit Corporation, seeking funding for eligible site improvements associated with a proposed cultural center located at 2100–2105 Eye Street in Downtown Bakersfield. The project includes the development of a long-vacant parcel into a vibrant destination that will host community events and provide educational, artistic, and cultural experiences. Planned amenities include an amphitheater, museum, gallery, classrooms, and public gathering spaces.

The project supports public safety and economic vitality goals identified in the City’s Public Safety and Vital Services (PSVS) initiative by replacing aging infrastructure, enhancing walkability, creating jobs, and drawing visitors to the area. The improvements are consistent with City Council goals related to revitalization, infrastructure, and quality of life.

FISCAL IMPACT:

Downtown Revitalization projects were budgeted within the PSVS operating budget for Fiscal Year 2025- 26 and this project will use funding set-aside for infrastructure improvements for downtown.

COUNCIL GOAL:

Economic Opportunity for All
Reliable Infrastructure
Community Character & Quality of Life
ATTACHMENTS:

1. Agreement

2. Public Hearing Notice

NOTICE OF PUBLIC HEARING BEFORE THE

BAKERSFIELD CITY COUNCIL
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Bakersfield City Council on WEDNESDAY, AUGUST 13, 2025, at 5:15 p.m., or soon thereafter as the matter may be heard, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to accept public testimony regarding the following:

Per CA 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 an economic development subsidy to be provided by the City to DHF Peace and Justice Corporation.

The purpose of the following report is to provide the information required pursuant to Government Code Section 53083. The 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.

DHF Peace and Justice Corporation
P.O. Box 2087
Bakersfield, CA 93303
APN Numbers: 00544101, 05, & 06

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 on August 13, 2025, and expires after sixteen (16) months (December 2026).

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 three hundred thousand dollars ($300,000).

4. A statement of the public purposes for the economic development subsidy.

The economic development subsidy includes a grant ($300,000) for site improvements for development on a vacant site in Downtown Bakersfield. The public purpose of the subsidy is to encourage revitalization, reuse of vacant sites, and new economic growth with funds allocated Downtown revitalization that supports infill development, public infrastructure improvements, and landscape enhancements. This subsidy would support the following on-site improvements: replacement of curbs, gutters, and sidewalks with accessibility improvements, sewer improvements, and
landscaping.

5. The projected tax revenue to the local agency because of the economic development subsidy.

As a nonprofit, there is no direct sales tax or property tax revenue collected, but as a nonprofit, they provide services for the public good, such as social services, education, and the arts. The new cultural center will bring many visitors to the area that can increase tax revenue. Providing access and encouraging pedestrian travel through these improvements could promote indirect sales tax revenue generated by employees or patrons who may utilize the improvements as passage to frequent surrounding businesses, lodging or other activities.

6. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

The city is supporting the development of a new non-profit headquarters that provides essential services to the community and would retain full-time and part-time employees in Downtown Bakersfield. The building will produce 150 temporary construction jobs. Upon completion, the Cultural Center will result in a community benefit of approximately 35 full-time jobs, and 25 parttime jobs. and is designed to serve 6,000 local community residents.

All written comments must be received by the City Clerk’s Office, 1600 Truxtun Ave., Bakersfield, CA 93301 on or before the public hearing date/time indicated above. You may review and/or obtain copies of all public documents at the same location. If you challenge the action taken on a specific project in court, you may be limited to addressing only those issues raised at the public hearing or in written correspondence delivered to the City of Bakersfield.

ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: August 13, 2025
SUBJECT: Public Hearing to consider appeal for Vesting Tentative Tract Map 7471 (Phased) San Joaquin Engineering, Inc., representing LGI Homes – California, LLC., is proposing to subdivide 83.97 acres into single-family residential lots and various private and public lots for streets, landscaping, and other ancillary uses in the R-1 (Single-Unit Dwelling) zone located at the southwest corner of Morning Drive and Paladino Drive.

Gordon Nipp, representing the Sierra Club, submitted an appeal to the Planning Commission’s approval of the request. (Ward 3)
RECOMMENDATION:

City staff recommends denying the appeal and upholding the Planning Commission’s decision to approve Vesting Tentative Tract Map No. 7471.

BACKGROUND:

Vesting Tentative Tract Map (VTTM) No. 7471 consists of 363 single-family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park on 83.97 acres. Residential lots range in size from 4,836 square feet to 15, 552 square feet with the typical lot size 50 feet wide x 100 feet deep (5,000 square feet). The density is 4.32 units per net acre which is consistent with the LR designation of the project of less than or equal to 7.26 dwelling units per net acre.

Access to this subdivision would be from Paladino Drive (arterial street) on the subdivision’s north boundary and from Morning Drive (arterial street) to the east. All private streets and private landscaping will be maintained by the Homeowner’s Association (HOA). As such, the applicant has requested 7 deviations from City standards to allow double frontage lots, reverse corner lots, non-radial lot lines, block length to exceed 1,000 feet, maximum landscape wall height to exceed 9 feet, use of storm drain easements and 300’ centerline radius. City Public Works Department has reviewed deviation requests and recommends approval.

The project proposes utilizing previous actions taken prior to the expiration of VTTM 6191. Before VTTM 6191 expired, the subdivider prepared the property by rough grading and preparation of improvement plans. The developer encountered delays stemming from issues concerning the Mojave Pipeline.

Additionally, complications related to the design of the landscaped paseo necessitated attention to uphold the project's aesthetic and functional objectives. In light of the expiration of VTTM 6191 and these related challenges, the subdivider has introduced design modifications under VTTM 7471 to effectively address outstanding issues and facilitate the continued advancement of the project.

Planning Commission Decision. On May 1, 2025, the Planning Commission considered VTTM No. 7471.

Comments were submitted from Mr. Jeremy Bowman, neighboring property owner, The Siera Club and the Department of Fish and Wildlife. Comments and concerns were addressed in the staff report and a memorandum was prepared summarizing the comments, followed by staff’s response, for the Commission’s consideration. At the meeting, Brandon Martin representing LGI Homes and Hunter Troxel from San Joaquin Engineering were present in support of the project. Lori Pesante, the Director of the Sierra Club, and Jeremy Bowman, were present in opposition of the project. The Planning Commission unanimously approved the request with Commissioner Neal absent. The Planning Commission’s findings are contained in Resolution No. 22-25 (attached).

Appeal to Planning Commission’s Decision. On May 9, 2025, Sierra Club filed an appeal to the Planning Commission’s decision to approve VTTM No. 7471. The basis for the appeal was set forth in the letter from the Law Offices of Babak Naficy to the Planning Commission on April 30, 2025 which includes:
 Require that the developer achieve zero project emissions by entering into a Developer Mitigation Contract with the San Joaquin Valley Air Pollution Control District (SJVAPCD).  The Mitigated Negative Declaration (MND) for this project is inadequate, as it has failed to calculate or address cumulative emissions from both this and other proposed projects.  Mandate that the project adopt a sufficient number of effective air pollution reduction measures to counteract cumulative impacts.
 Prior to project approval, conduct comprehensive biological survey and consultations with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW).  Mitigation strategies for habitat loss and potential species take should include obtaining an Incidental Take Permit and securing replacement habitat.  Provide a detailed analysis of the project's cumulative impact.

The property owner’s biological and air quality consultants provided a detailed response to each of the concerns raised. A copy of the appeal letter and the applicant’s consultant’s response are attached.

Environmental Review. Based upon an initial study, Staff determined the proposed project, with mitigation, would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with the California Environmental Quality Act (“CEQA”). The MND was circulated for public and agency review from November 21, 2024 to December 23, 2024. The following special studies were submitted: biological resources, cultural resources and air quality analysis.

Public Notification. All required public notices have been given for both the Planning Commission public hearing held May 1, 2025, and the City Council public hearing of August 13, 2025. Correspondence received for the Planning Commission is attached with the Planning Commission staff report. No correspondence has been received in response to the City Council noticing.

CITY COUNCIL OPTIONS:

The City Council may sustain, modify, reject, or overrule any ruling of the Planning Commission for this subdivision of land. Two Resolutions have been provided for your Council’s consideration regarding the appeal:

1. Deny the Appeal and Approve VTTM No. 7471. If the City Council were to deny the appeal and uphold Planning Commission's approval, the Vesting Tentative Tract Map would be approved and would facilitate construction of 363 single-family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park on 83.97 acres.

2. Approve the Appeal and Deny VTTM No. 7471. If the City Council were to approve the appeal and overturn the Planning Commission's approval, the project site could not be developed as proposed and would retain its current condition.

CONCLUSION:

Staff believes the proposed subdivision of land is consistent with applicable general and specific plans; the site is physically suitable for the type of development; the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; the design of the subdivision will not likely cause serious public health problems; and the design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Overall Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the surrounding area, land use designation, and zoning ordinance.

Therefore, staff recommends City Council consider the whole of the record, to include the appellant’s concerns and consultant’s responses, and deny the appeal and uphold the Planning Commission's decision to approve Vesting Tentative Tract Map No. 7471.

FISCAL IMPACT:

No fiscal impact with the proposed subdivision of land. Development as a result of Vesting Tentative Trac Map No. 7471 will be subject to the appropriate application processing fees that have been determined to be sufficient to cover all operational expenses related to processing projects.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. City Council Resolution to Deny Appeal and Approve VTTM 7471

2. City Council Resolution to Approve Appeal and Deny VTTM 7471

3. Map Set

4. Mitigated Negative Declaration with Attachments

5. Planning Commission Staff Report

6. Planning Commission Memorandum

7. Planning Commission Resolution

8. Appeal Letter of Planning Commission Decision

9. Memorandum Summarizing Responses to Appeal Letter
RESOLUTION NO. _____________

RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND APPROVING VESTING TENTATIVE TRACT MAP 7471
(PHASED) LOCATED AT THE SOUTHWEST CORNER OF MORNING
DRIVE AND PALADINO DRIVE.

WHEREAS, San Joaquin Engineering, Inc., representing LGI Homes - California, LLC, filed an application with the City of Bakersfield Planning Department requesting approval of Vesting Tentative Tract Map 7471 and a modification request to allow Double Frontage Lots, Reverse Corner Lots, Non-Radial Lot lines, Block Length to exceed 1,000 feet, Maximum Landscape Wall Height to exceed 9 feet, Use of Storm Drain Easements and 300’ Centerline Radius. The proposed subdivision would consist of 363 single-family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park on 83.97 acres located at the southwest corner of Morning Drive and Paladino Drive in northeast Bakersfield, as shown on attached Exhibit “B” (the “Project”); and
WHEREAS, the application was deemed complete on October 10, 2024; and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, May 1, 2025, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, After the public hearing concluded, the Planning Commission unanimously approved the project, with Brandon Martin representing LGI Homes and Hunter Troxel from San Joaquin Engineering present in support. Lori Pesante, the Director of the Sierra Club, and Jeremy Bowman, neighboring property owner, were present to voice opposition. Notably, one Commissioner was absent during the vote (Resolution 22- 25); and
WHEREAS, On May 9, 2025, Sierra Club, the appellant, filed a written appeal with the City Clerk to the Planning Commission’s decision to approve the Project; and WHEREAS, the City Council, through the City Clerk, did set the time and place of the public hearing as Wednesday, August 13, 2025, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider the appeal, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, during the August 13, 2025, public hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s action; and

WHEREAS, staff has determined the Project will not significantly effect the environment and, pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15162, the Mitigated Negative Declaration (MND) is adequate and no further environmental documentation is necessary; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff, the Planning Commission, and City Council; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report, environmental review, and evidence received both in writing and by verbal testimony at the above-referenced public hearing support the findings contained in this resolution; and WHEREAS, the Council has considered and hereby make the following finding:

1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.

2. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with the State CEQA Guidelines, staff prepared an initial study and indicated that because mitigation measures relating to biological resources, cultural resources and air quality analysis have been incorporated into the Project, the Project will have less than significant impact on the physical environment.

3. The proposed map is consistent with applicable general and specific plans as specified in Section 65451.

4. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

5. The site is physically suitable for the type of development.

6. The site is physically suitable for the proposed density of development.

7. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

8. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

9. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

10. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems.

Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created.

11. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060.A.1. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.1., the party’s right of surface entry has been waived by recorded document prior to recordation of any final map.

12. The conditions of approval are necessary for orderly development and to provide for public health, welfare, and safety.

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

1. The above recitals and findings incorporated herein, are true and correct.

2. The decision of the Planning Commission is upheld, subject to conditions of approval shown in attached Exhibit “A”.

3. The appeal is denied.

4. Vesting Tentative Tract Map No. 7471 is hereby approved, subject to the conditions of approval shown in attached Exhibit “A” and shown in attached Exhibit “C”.
o0o

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on August 13, 2025, by the following vote:

AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _______________________________________

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

APPROVED
_______________________________

KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:

VIRGINIA GENNARO
City Attorney
By: ____________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits:

A Conditions of Approval
B Location Map with Zoning
C Tentative Map
By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx EXHIBIT “A”
VESTING TENTATIVE TRACT 7471

CONDITIONS OF APPROVAL
NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision.

PUBLIC WORKS

1. In letters dated January 25, 2024 & March 19, 2024, the applicant requested deviations from the following ordinance and policy requirements:

1.1. SDM 5.2.6.7 – Request Exception for the maximum length of a local street along Beauty Ave/Enchanted Dr. Recommendation: APPROVE.

1.2. SDM 5.4.2.1 – Request Exception from the minimum Local Street centerline Radius along the following streets: Thorner St, Happy Ct and Elated Ct.

Recommendation: APPROVE.

2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved.

3. A Home Owners Association shall be established and it will be responsible for the landscaping maintenance for all lettered lots, paseo, private basin (Lot C), storm drain leading to the private basin (Phase 1), and walls adjacent to the private basin.

4. Prior to approval of any grading/improvement plan, developer shall provide consent for the portion of work which will be completed over the Mojave pipeline.

5. A common use agreement, or another mutually agreed-upon agreement regarding improvements within the Mojave pipeline right of way and City of Bakersfield right of way shall be recorded concurrently with the filing of the final map of the corresponding phase.

6. Prior to grading plan review submit the following for review and approval:

6.1. A drainage study for the entire subdivision, or a revision to the approved study.

The study shall be approved, any required retention shall be provided, and necessary easements shall be dedicated to the City. Lot C retention basin and any storm drain leading to the private basin shall be privately maintained.

6.2. A sewer study to include providing service to the entire subdivision and showing what surrounding areas may be served by the main line extensions.

6.3. If the tract is discharging storm water to a canal, a channel, or the Kern River: In order to meet the requirements of the City of Bakersfield’s NPDES permit, and to prevent the introduction of sediments from construction or from storm events to the waters of the US, all storm water systems that ultimately Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx convey drainage to the river or a canal shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments. This device shall be reviewed and approved by the City Engineer and shall provide the greatest benefit to the storm drain system with the least maintenance cost.

7. The following conditions must be reflected in the design of the improvement plans:

7.1. Final plan check fees shall be submitted with the first plan check submission.

7.2. Per Resolution 108-2023 the area within the Tract shall implement and comply with the “complete streets” policy. Complete streets will require pedestrian and bicycle access to the Tract from existing sidewalks and bike lanes. If there is a gap less than ¼ mile then construction of asphalt sidewalks and bike lanes to the tract will be required.

7.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations.

7.4. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn and right turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question.

7.5. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer.

7.6. Right turn deceleration lanes are required on arterials at all streets and access points if the 85th percentile speed is less than 45 mph and the peak hour turning volume is over 200, or if the 85th percentile speed is 45 mph or greater and the peak hour turning volume is over 25.

8. The subdivider shall either construct the equivalent full width landscaped median island in Paladino Dr and Morning Dr for the site’s frontage or pay $100 per Linear Feet (their proportionate share of the cost for the future construction of the median).

Median islands shall be designed by the first tract or development to be approved on a side.

9. The subdivide is responsible for implementing the following:

9.1. The phasing map as submitted may be unbalanced with respect to the required improvements along the tract frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of each final map for any phase that does not construct its share of the improvements, the Exhibit “A”
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9.2. The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, then Phase 3, etc. If recordation does not occur in that normal progression, then, prior to recordation of each final map, the City Engineer shall determine the extent of improvements to be done with that particular phase.

9.2.1. The following shall occur with Phase 1:

9.2.1.1. Construct Paladino Drive to full ½ width arterial standards from Morning Dr to the western boundary of the tract.

9.2.1.2. Construct Morning Dr to full ½ width arterial standards from the northern tract boundary to the phase 1/2 boundary.

9.2.2. The following shall occur with Phase 2:

9.2.2.1. Construct Morning Dr to full ½ width arterial standards from the phase 1/2 boundary to the phase 2/3 boundary.

9.2.2.2. Construct Morning Dr to full ½ width arterial standards, including asphalt pavement, curb, gutter and sidewalk from the phase 2/3 boundary to the southern tract boundary

9.2.2.3. A temporary turnaround shall be constructed on Enchanted Dr and phase 2/3 boundary.

9.2.3. The following shall occur with Phase 3:

9.2.3.1. Construct the landscaping and wall along Morning Dr from the phase 2/3 boundary to the southern tract boundary.

9.2.3.2. Construct Eagle Ridge Street.

If the number of phases or the boundaries of the phases are changed, the developer must submit to the City Engineer an exhibit showing the number and configuration of the proposed phases. The City Engineer will review the exhibit and determine the order and extent of improvements to be constructed with each new phase. The improvement plans may require revision to conform to the new conditions.

9.3. The subdivider is responsible for verifying that existing streets within the boundary of the tract are constructed to city standards and he will reconstruct streets within the boundary if not to standard.

9.4. Where streets do not have curb and gutter, construct a minimum section of 36 feet wide consisting of 2-12’ lanes, 2-4’ paved shoulders and 2 additional feet per side of either AC or other dust proof surface.

9.5. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 24, 1997.

Exhibit “A”
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9.6. To preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, Best Management Practices for complying with the requirements of the Clean Water Act are required.

9.7. All lots with sumps and water well facilities will have wall and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors.

9.8. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department.

9.9. Install blue markers in the street at the fire hydrants per the Fire Department requirements.

10. The following must be reflected in the final map design:

10.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors.

11. Prior to recordation of the first final map within this project site, subdivider shall make written notification to the City Engineer of any public improvements required to be financed or constructed outside the boundaries of the tentative map (i.e., “offsite improvements) as defined in BMC 116.16.080(E), and the cost of such offsite improvements. The notice shall include an engineer’s estimate or other documentation as required by the City Engineer that outlines by line item the specific offsite improvements for purposes of verifying extension of time eligibility pursuant to Government Code Section 66452.6(a). The written notification and documentation are subject to approval by the City Engineer or his/her designee.

12. Prior to recording the first final map:

12.1. The City Council must have taken final action for the inclusion of this tract within the Consolidated Maintenance District.

12.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee Morning Dr and Paladino Dr. The developer shall receive credit against his traffic impact fees for constructing this project. The developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the rightof-way to be acquired. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee.

12.3. If it becomes necessary to obtain any off-site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way.

13. Prior to recording each final map:

13.1. All facilities within the boundaries of this subdivision identified by the approved drainage study shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided.

Exhibit “A”
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13.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City.

13.3. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract.

Said covenant shall be provided to each new property owner through escrow proceedings. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including Proposition 218 Ballot and Covenant, which shall be signed and notarized.

13.4. This subdivision is located within the Breckenridge Planned Drainage Area per Resolution 136-05 and is subject to fees. Pay such fees prior to recordation of each Final Map.

13.5. All facilities within the boundaries of this subdivision identified by the approved Breckenridge drainage study shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided.

14. Prior to Notice of Completion:

14.1. The storm drain system, including the sump, shall be inspected and any debris removed.

14.2. Street Name Signs (SNS):

14.2.1. Metro Size SNS shall be installed at the intersection of local streets with Arterial and collector streets.

14.2.2. Standard SNS shall be installed at all other locations.

FIRE SAFETY DIVISION

15. Pipeline Easements.

15.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings, habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure, are prohibited within the setback and record a corresponding covenant.

15.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover and record a corresponding covenant.

15.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40- foot setback line shall be shown in the final map and a corresponding covenant Exhibit “A”
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15.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength.

15.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines.

American Petroleum Institute Standards and Guidelines for property development

16. Fire Apparatus Access Roads and Hydrants

16.1 When fire protection, including fire apparatus access roads and water supplies for protection, is required to be installed, such shall be installed and made serviceable prior to any building permit issuance and throughout the time of construction.

16.2 Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (California Fire Code)
Table D103.4
Requirments for Dead-End Fire Apparatus Access Roads
Length
(Feet)
Width
(Feet)
Turnaround Required
0-150 20 None required
151-500 20
120-foot Hammerhead, 60-foot "Y" or 96-foot
diameter cul-de-sac
501-750 26
120-foot Hammerhead, 60-foot "Y" or 96-foot
diameter cul-de-sac
Over 750 Special Approval Required

16.3 Fire Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt to provide all-weather driving capabilities.

RECREATION AND PARKS

17. Prior to recordation of each final map, the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee. In accordance with you are hereby Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx notified that the 90-day period in which you may protest the imposition of this fee has begun.

BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay an in-lieu fee, reserve park land or a combination of these in order to satisfy the City’s park land ordinance subject to Government Code Section 66020(d). Staff is recommending this condition in accordance with BMC Chapter 15.80.

18. Landscape Lot D (Private Paseo) including all its ancillary paseos to lot D & lot F (Private Park) for Tract 7471 shall be privately maintained by an established HOA or approved CC&R’s for the subdivision.

Orderly development.

19. The block wall along Morning Drive at Landscape Lot D (Private Paseo) can have a public access opening, providing there are traffic control bollards installed to prevent vehicular access. Bollards to be reviewed and approved by Public Works and the Recreation and Parks Department during the plan review process. The Homeowners Association (HOA) shall include in their CC&R’s that the HOA is responsible to maintain the public access.

Orderly development.

20. Prior to construction, Subdivider shall confirm with the Recreation and Parks Department and Public Works Department for sidewalk and landscape area layout along Paladino Drive and Morning Drive.

Orderly development.

CITY ATTORNEY

21. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct.

This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued.

The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its Exhibit “A”
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PLANNING

22. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2.

23. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically.

Orderly development.

24. Prior to recordation of each final map, subdivider shall submit a “will serve” or “water availability” letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the phase to be recorded.

Required for orderly development and provide for the public health, welfare and safety by ensuring water service to the subdivision at the time of final map recordation because the water purveyor has included an expiration date in the initial “will serve” letter.

25. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
a. Subdivider shall submit written evidence that waiver(s) of surface entry has been obtained from 100% of the mineral right interest(s) for the entire area of this tract.

Written evidence shall be submitted to the Planning Director in the form of a recorded document such as a grant deed or other instrument approved by the City Attorney. The proposed lots shown underlying the drill site shall be allowed to record subject all other conditions of approval of the tentative map.

Required to verify compliance with BMC Section 16.20.060 A. and orderly development.

26. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation’s Division of Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial operations on the well required by CalGEM. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.)
Police power based on public health, welfare and safety.

27. Prior to recordation of each final map, the subdivider shall provide written confirmation to the Planning Director that the abandoned well plug been leak tested by an independent, third party, qualified leak testing company and that it shows no sign of Exhibit “A”
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By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx leakage. If there is evidence of leakage, re-abandonment of the well may be required to the satisfaction of Department of Conservation’s Division of Geologic Energy Management (CalGEM), confirmation of which the subdivider shall provide to the Planning Director.

Police power based on public health, welfare and safety.

28. Prior to or concurrently with recordation of any final map containing abandoned oil well, subdivider shall provide a covenant disclosing the location of abandoned oil wells and the 10-foot non-buildable radii shall be recorded. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of the final map.

Police power based on public health, welfare and safety.

29. Prior to recordation of each final map on any phase, the subdivider shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 (aka S-10) including concrete curb, and approved by the City Engineer adjacent to the tower line easement, as measured from highest adjacent grade, along the common property line. The concrete curb may be waived subject to Planning Director approval. A temporary fencing plan may be approved by the Planning Director to facilitate project phasing. [tower line easement] required to satisfy BMC Section 16.32.060 B.8.a and based on a finding to provide for the public health, safety and welfare.

30. Prior to recordation or concurrently with recordation of each final map, subdivider shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by the City Attorney and Planning Director to maintain the common areas including the private street and private landscaping. Prior to recordation, subdivider shall submit HOA and CC&Rs to the City for review and approval.

Orderly development.

31. Prior to the recordation of a phase containing the Mojave Pipeline, subdivider shall record a covenant on all lots within 250 feet of the Mojave Pipeline, and shall provide a copy to the City and Planning Director for review and approval prior to recordation.

Orderly development.

32. Prior to the recordation of each final map, subdivider shall record a covenant that the property is in the vicinity or is adjacent to a high voltage transmission towers and shall provide a copy to the City and Planning Director for review and approval prior to recordation.

Orderly development.

Exhibit “A”
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33. Subdivider shall be required to comply with clear sight lines per BMC Section 17.08.175 on all corner lots. Prior to recordation of each final map, subdivider shall submit for substantial conformance, a diagram demonstrating the corner lot(s) comply with said section and have an adequate building envelop that meets required setbacks. (Note: if unable to comply, the lot(s) shall be adjusted to comply with clear sight line and other applicable ordinances and be approved by the Planning Director prior to recordation of a final map.)
Required for public safety.

Cultural Resources Impact Mitigation Measures:

34. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until a qualified cultural resource specialist can evaluate the find and make recommendations. Project is subject to any recommendations of the qualified specialist.

35. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.

Biological Resources Impact Mitigation Measures:

36. BIO-1: Preconstruction Survey A qualified biologist knowledgeable in the identification of special-status and other protected wildlife should conduct a preconstruction survey within 14 days or less prior to disturbance (vegetation removal, grading of topsoil, leveling, laydown and materials storage areas, access routes, etc.) and after completion of protocol or other surveys recommended in Measure BIO-8. A Qualified Biologist is defined as a person with a combination of academic qualifications (minimum of 4 years of university or college education in biological sciences, zoology, wildlife biology, ecology, botany, or environmental science), professional field experience conducting biological surveys, and demonstrated knowledge and skills (i.e., field experience) related to the resources potentially present on the proposed site, including species-specific focused or protocol-level surveys to be conducted. The purpose of the preconstruction survey is to confirm the results of protocol surveys and assess the presence of any specialstatus species or resource considered sensitive under CEQA.

The preconstruction biological survey will consist of walking belt transects spaced at no more than 20m (65 feet) to accomplish 100% coverage of the Project site plus a 250-foot buffer, if accessible. During the survey, all direct and indirect observations of special-status biological resources will be noted if encountered and recorded using a handheld GPS on field forms and/or a mapping program (e.g., ArcGIS Field Maps).

Exhibit “A”
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37. BIO-2: Worker Environmental Awareness Program (WEAP) LGI Homes or developer will develop and implement a WEAP for all personnel that may conduct work on Tract 7471. WEAP trainings will be conducted for each individual prior to their first access onto the Project, and annually thereafter. The program may include an informational video, handouts, and other materials, and should consist of a presentation with material given on-site or off-site by trained personnel (e.g., Qualified Biologist or assigned Company Environmental Specialists). WEAP trainings shall cover an overview of the laws and regulations governing the protection of biological resources; a description of protected (i.e., special status) species and resources known to occur or with the potential to occur in the Kern River Field; their status and legal protections; what is considered habitat and surface disturbance; biological resource avoidance measures; and a list of designated Project contacts. The program will provide general awareness to workers and supply materials to assist workers in recognizing protected biological resources that may occur on the Project, avoidance measures to protect biological resources, and how to report biological resources if observed. Forms verifying worker attendance should be accessible to City, USFWS and CDFW staff. No untrained personnel should be allowed to work onsite during the construction phase of the Project with the exception of delivery trucks that are only onsite for 1 day or less and are under the supervision of a trained employee.

38. BIO-3: Biological Monitoring. A Qualified Biologist shall be present during initial surface disturbance for project locations where sensitive species have been observed or have the potential to occur based on pre-disturbance and/or focused/protocol biological survey results.

39. BIO-4: Nesting Bird Season. Nesting Bird Season. If initial ground disturbance occurs during nesting season (February 1 to September 15) a qualified avian biologist shall conduct a nesting bird survey to identify any active nests present within the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within no disturbance buffers, as shown in Table 4.1. If the no disturbance buffers in Table 4.1 are not feasible, nests will be monitored by a qualified avian biologist who will establish a behavior baseline prior to activities. The qualified avian biologist will establish an avoidance buffer and continuously monitor during project activities, watching for behavioral changes. If any indication of nesting disturbance is observed, the avoidance buffer will be increased until the avian biologist determines that nesting behavior has returned to baseline. Nest monitoring will continue until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas. Monitoring will be documented on standardized field forms and provided to the City of Bakersfield for verification of compliance with the Migratory Bird Treaty Act and applicable section of Fish and Game Code (Section 3503.5 and 3513). CDFW may be contacted for guidance regarding alternative avoidance strategies.

40. BIO-5: California legless lizard, California glossy snake, and San Joaquin coachwhip. If any of these species are identified during initial ground disturbance monitored by the Exhibit “A”
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41. BIO-6: Unidentified Special Status Species If any previously unidentified protected species that is not addressed in this document or any previously unreported protected species are found to be present, occupied areas shall be avoided by a buffer determined by a Qualified Biologist and the City of Bakersfield shall be notified. Any take of protected wildlife shall be reported immediately to USFWS and CDFW.

42. BIO-7: Best Management Practices The following best management practices (BMP) shall be implemented on the Tract 7471 Project to minimize impacts to resident wildlife in areas adjacent to the Project:

1. During construction, all vehicles will observe a 15 mile-per-hour speed limit unless otherwise posted. Off-road traffic outside designated access routes shall be prohibited. Speed limit signs will be posted at visible locations at regular intervals on all access roads.

2. Construction activities shall occur during daylight hours to the extent feasible.

Initial ground disturbance shall be strictly limited to daylight hours. Nighttime activity shall use shielding or directed lighting to minimize light impacts on adjacent habitat.

3. All food-related trash items and microtrash, such as wrappers, cans, bottles, bottle tops, and food scraps shall be disposed of in closed containers and routinely removed from Project, at intervals of no less than once per week.

4. Herbicide application shall be in accordance with existing laws and manufacturers’ instructions (i.e., pesticide/herbicide labels). All herbicide chemicals used must be registered for use in the U.S. and California and must have a label certifying that the U. S. Environmental Protection Agency and the California Department of Pesticide Regulation (DPR) have approved the herbicide for use. Herbicides will not be sprayed within 50 feet of any known California- listed plant occurrence or federal land. No rodenticides shall be used on any project.

5. All open trenches, excavations, and/or holes more than 2 feet deep shall be backfilled or covered at the end of each workday to prevent wildlife entrapment. If an excavation or hole is too large to cover, escape ramps shall be installed at an incline ratio of no greater than 1:1 for every 500 feet. All trenches and excavations shall be inspected for the presence of wildlife each day prior to the start of work. Before such holes or trenches are filled, workers shall thoroughly inspect excavations and trenches for trapped animals.

Exhibit “A”
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6. All exposed pipes, culverts, and other similar structures with a diameter 3 inches or greater shall be properly capped in order to prevent entry by San Joaquin kit fox or other wildlife. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other wildlife are not present. If a listed species is found within pipe, culverts or similar structures, the animal will be allowed to escape that section of its own accord prior to moving or utilizing that segment. All bent pipe with a diameter of 3-inches or greater that cannot be visually inspected for wildlife with 100 percent certainty shall be left in place and monitored by a Qualified Biologist using wildlife cameras and/or tracking material prior to being capped, moved, or buried. If any wildlife is discovered inside a pipe, that section of pipe shall not be moved until the animal vacates the pipe on its own accord.

7. All vertical tubes used in project construction and chain link fencing poles shall be capped to avoid entrapment and death of special-status wildlife and birds.

8. Discovery of State or federally listed species that are injured or dead shall be reported immediately via telephone and within 24 hours in writing to CDFW and/or USFWS Office as applicable.

9. All construction equipment and construction personnel vehicles shall be checked underneath prior to moving, to ensure that no wildlife is under equipment/vehicles. If any individuals are detected beneath equipment or vehicles, the equipment or vehicles will be left in place until the wildlife moves out of harm’s way on its own accord.

10. All washing of trucks, paint, equipment, or similar activities including concrete washout shall occur in designated areas/facilities where runoff is fully contained for collection prior to off-site disposal. Wash water may not be discharged from the Project, must be stored in a manner that excludes specialstatus wildlife species, and be located at least 100 feet from any water of the State.

11. To prevent harassment of special-status species, construction personnel shall not be allowed to have firearms or pets on the Project.

12. All food-related trash items such as wrappers, cans, bottles and food scraps generated by Project activities shall be disposed of in closed containers and removed at least once each week from the site. Deliberate feeding of wildlife shall be prohibited.

13. All liquids shall be in closed, covered containers. Any spills of hazardous liquids shall be promptly addressed and not be left unattended until clean-up has been completed.

Exhibit “A”
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14. Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.), except animals killed on state and county roads when such mortality is not associated with Project traffic.

15. In the case of entrapped wildlife that are listed species, contact of a Qualified Biologist and escape ramps or structures shall be installed immediately, if possible, to allow the subject wildlife to escape unimpeded.

16. In the case of injured special-status wildlife, the CDFW shall be notified immediately. During business hours Monday through Friday, the phone number is (559) 243-4017. For non-business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident.

Instructions provided by the CDFW for the care of the injured animal shall be followed by the contractor onsite.

17. In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be immediately (within 24 hours) notified by phone or in person and shall document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident.

18. Prior to commencement of construction on any phase of work, work areas shall be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries.

43. BIO-8: Prior to surface disturbance or site alteration (vegetation removal, grading of topsoil, leveling, materials storage on site, etc.) on the Tract 7471 Project, the following focused surveys with accompanying survey buffers shall be conducted. If any of these resources are observed, recommended avoidance buffers are shown in Table 4-1. If 100% avoidance is not likely, CDFW and USFWS shall be contacted for appropriate notification, permitting, and guidance. If federal and/or state authorizations are required to complete species specific surveys, Qualified Biologists will be required to have appropriate USFWS/CDFW authorizations prior to conducting those surveys.

State and Federal Listed and Candidate Species
• Crotch’s Bumble Bee (agency protocol): Unless otherwise approved by CDFW, a survey of bumble bees following the methods contained in California Department of Fish and Wildlife Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (June 6, 2023) shall be conducted during the bumble bee colony active period (April-August) prior to surface disturbance.

If bumble bees are captured for identification, that activity will be conducted by Exhibit “A”
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By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx a person holding a California Scientific Collecting Permit and Memorandum of Understanding to handle any candidate or listed species that could be captured.

Survey buffer: 250 feet.
• Vernal pool fairy shrimp (agency protocol): Unless otherwise approved by USFWS, a survey following USFWS 2017 Revised Survey Guidelines for the Listed Large Branchiopods shall be conducted in the season prior to construction. • Blunt-nosed leopard lizard (agency protocol): The CDFW Approved Survey Methodology for the Blunt-nosed Leopard Lizard (October 2019) or updated protocol(s) shall be implemented to determine whether this species is present.

Surveys are valid for 1 year from the date of completion. Recommended survey buffer: 250 feet.
• San Joaquin kit fox* (agency protocol): Prior to surface disturbance, a survey shall be conducted by a qualified biologist to identify burrows/dens/structures potentially occupied by San Joaquin kit fox following the definitions and timing recommended in U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). Recommended survey buffer during natal season (January 1-August 31): 500 feet; recommended survey buffer outside of natal season (September 1-December 31); 250 feet.
*A specific note on SJKF: SJKF have shown survival success and persistence is some urban areas of Bakersfield where features suitable for SJKF denning and foraging are found. Implementation of SJKF compatible features in Project design, such as artificial dens, or travel/escape access holes into fenced areas that could be used as denning or foraging areas applied to applicable areas of the Project such as retention basins, fenced utilities stations, or community parks, is highly encouraged.

Voluntary proactive coexistence measures and features for supporting SJKF recovery, implemented with the help of a Qualified Biologist and Agency input, is strongly encouraged to reduce cumulative impacts to SJKF.
• Burrowing owl (agency protocol): In the survey season prior to commencement of construction, surveys described in Staff Report on Burrowing Owl Mitigation (CDFG 2012) (Staff Report) should be implemented. Should a burrowing owl or known burrowing owl den (active or inactive) be detected, either during preconstruction surveys or construction activities, no-disturbance buffers outlined in the Staff Report and included in Table 4.1 shall be implemented prior to and during anyground-disturbing activities.

44. BIO-9: If any state or federal listed species other than blunt-nosed leopard lizard are found to occupy the Project during any of the recommended surveys above or take of any of these species may occur (e.g., San Joaquin kit fox known or natal den is present), CDFW and/or USFWS (depending on listing status) shall be contacted regarding whether incidental take authorization is required from each agency.

Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx Incidental take authorization shall include additional minimization measures, such as passive relocation, avoiding natal periods, and habitat compensation for the temporary or permanent loss of the subject habitat. The following measures shall be implemented for each potentially occurring species:
• BIO-9.1. CBB: If no CBB are detected after conducting surveys prescribed in BIO-8, no further action is necessary. If CBB are detected either during survey conducted per BIO-8, BIO-1, or incidentally during construction, ground disturbing work shall not proceed until consultation with CDFW regarding avoidance of take of CBB on site is completed. If take cannot be avoided, take authorization pursuant to Fish and Game Code Section 2081(b) through an Incidental Take Permit should occur prior to further ground disturbance. At a minimum, the ITP shall include seasonal restrictions regarding nest disturbance and habitat replacement. In addition, the ITP should provide a list of common area landscape plants with a minimum planting requirement that provides nectaring sources for CBB. In addition, at least a portion of the common areas should implement landscaping practices that provide for nesting and overwintering habitat.
• BIO-9.2: SJKF
o The project proponent must retain an agency-approved SJKF biologist to implement the following measures.
o If SJKF known and/or natal dens cannot be avoided as recommended in Table

4.1, they will be monitored for a minimum of 3 nights for SJKF activity. If, after monitoring using remote sensing camera and/or tracking material for at least 3 nights (or greater) no SJKF occupation is recorded, dens may be excavated under the supervision of an agency-approved biologist. CDFW and USFWS must be notified of the status of the known and natal dens a minimum of 3 working days prior to excavation.
o If potential dens, as defined in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011), and/or identified by the agency- approved biologist, they will be monitored for a minimum of 3 nights prior to destruction. If any den was initially identified as a potential den but is later determined during monitoring or destruction to be currently, or previously used by kit fox (e.g., if kit fox sign is found inside), then all excavation or destruction activities shall cease, and the agencies shall be notified immediately. Impact avoidance buffers for known dens as outlined in Table 4.1 shall be implemented immediately. o If any SJKF den is found to be occupied, discouragement of den use following methods in USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) will be implemented. If SJKF fail to vacate the den after 5 nights from the time of the observation, avoidance buffers as described in Table 4.1 shall be implemented. If the required buffers are not possible to avoid impacts to SJKF, then the project proponent shall confer with CDFW on the need for take authorization through the acquisition of an incidental take permit, pursuant to Fish and Game Code section 2081 subdivision (d).

Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx o In the event a permit is issued for the Project, at a minimum the permit should include the following measures:
▪ SJKF Habitat replacement- SJKF habitat impacted by the project shall be replaced at a minimum of 1:1 ratio. The replacement habitat shall be proposed by the agency-approved biologist and approved by CDFW and USFWS.
• BIO-9.3: BUOW
o The project proponent must retain an agency-approved BUOW biologist to implement the following measures.
o Should a BUOW or known burrowing owl burrow (active or inactive) be detected, either during preconstruction surveys or construction activities, they will be monitored for a minimum of 3 nights for BUOW activity. If, after monitoring using remote sensing camera and/or tracking material, no BUOW occupation recorded, no-disturbance buffers as outlined in the CDFW 2012 Staff Report on Burrowing Owl Mitigation, and included in Table 4.1 shall be implemented prior to, and during any ground-disturbing activities.
o If any burrow is found to be occupied with BUOW, implement avoidance buffers as provided in Table 4.1. Any additional minimization methods as discussed in the 2012 Staff Report, such as the use of visual screens may be implemented as recommended by the agency-approved biologist or agency guidance received.
o If the required buffers are not possible to avoid impacts to BUOW, then the project proponent shall confer with CDFW on the need for take authorization through the acquisition of an incidental take permit, pursuant to Fish and Game Code section 2081subdivision (d). No passive relocation, no destruction, and no exclusion/closure of burrows shall occur without appropriate permitting and/or CDFW authorization received in writing.
o In the event a permit is issued for the Project, at a minimum the permit should include the following mitigation measures:
▪ BUOW Habitat replacement- BUOW habitat impacted by the project shall be replaced at a minimum of 1:1 ratio. The replacement habitat shall be proposed by the agency-approved biologist and approved by CDFW.

45. BIO-10: If blunt-nosed leopard lizard is found to occupy the Project, in addition to contacting the USFWS regarding federal status per BIO-9, a qualified biologist shall prepare a blunt-nosed leopard lizard avoidance plan for submittal to CDFW that identifies measures to be implemented to avoid take as required under this species’ fully protected status, unless incidental take authorization is subsequently issued prior to construction.

46. BIO-11: American Badger
• American badger (no agency protocol): During the preconstruction survey, a qualified biologist shall determine whether American badger dens are present.

American badger burrows shall be monitored following methods for San Joaquin kit fox dens. American badger natal dens shall be avoided by a buffer of 500 feet Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx unless otherwise specified by CDFW until the young are no longer dependent on the adults. If American badger dens remain active after the recommended monitoring period, den use may be discouraged by partially blocking the entrance to the den or using passive relocation techniques specified by CDFW.

Recommended survey buffer: 250 feet.

Table 4.1. Protected Biological Resources - Recommended Avoidance Buffers Special-status Resource Avoidance Buffer*
Crotch’s bumble bee nest 50 feet or implement CDFW
recommended buffer
Blunt-nosed leopard lizard observa�on Work may not proceed un�l BIO-9 and BIO-10 have been completed
Swainson’s hawk ac�ve nest (March 15-September 15)
Swainson’s hawk documented nest tree (outside of nes�ng season) ¼-mile
50 feet
San Joaquin kit fox poten�al den or suitable pipe
San Joaquin kit fox known den
San Joaquin kit fox atypical den
San Joaquin kit fox natal den
San Joaquin kit fox natal den (unoccupied/outside of natal season) 50 feet
100 feet
50 feet
500 feet
100 feet
Burrowing owl ac�ve or inac�ve burrow (high impact level) April 1-August 15: 1,640 feet August 16-October 15: 1,640 feet
October 16-March 31: 1,640 feet
Non-listed nes�ng birds (non-raptors) 250 feet
Non-listed raptors 500 feet
Listed/protected raptors ½-mile
American badger occupied natal den
American badger occupied den
200 feet
50 feet
*Unless incidental take authority authorizes encroachment or appropriate agency concurrence for a reduced buffer is received.

Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx Air Quality Impact Mitigation Measures:

47. SJVAPCD Required PM10 Reduction Measures
As the Project would be completed in compliance with SJVAPCD Regulation VIII, dust control measures would be taken to ensure compliance specifically during grading and construction phases. The required Regulation VIII measures are as follows:
► Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity.
► Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20%opacity. ► Reduce speed on unpaved roads to less than 15 miles per hour. ► Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or moreaxles. ► Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a tarp or other suitablecover.
► Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking.
► When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. ► Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expresslyforbidden).
► Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. ► Remove visible track-out from the site at the end of each workday. ► Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period).

48. Measures to Reduce Equipment Exhaust
Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx In addition, the GAMAQI guidance document lists the following measures as approved and recommended for construction activities. These measures are recommended:
► Maintain all construction equipment as recommended by manufacturer manuals. ► Shut down equipment when not in use for extended periods. ► Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment.
► Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations.
► All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx emissions.
► On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer’s guidelines.
► On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer’s guidelines. ► All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. ► All construction activities within the project area shall be discontinued during the first stage smog alerts.
► Construction and grading activities shall not be allowed during first stage O3 alerts.

First stage O3 alerts are declared when the O3 level exceeds 0.20 ppm (1-hour average).

49. Other Measures to Reduce Project Impacts
The following measures are recommended to further reduce the potential for longterm emissions from the Project. These measures are required as a matter of regulatory compliance:
► The Project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. ► Applicants shall be required to comply with applicable mitigation measures in the AQAP, SJVAPCD Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD.

Exhibit “A”
VTTM 7471

By CC S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Appeal\Escribe\VTTM 7471_Exh Con_updated_CC_Appeal.docx ► The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemedproficient. ► The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the applicant shall not allow the useof:
• Rapid cure cutback asphalt;
• Medium cure cutback asphalt;
• Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). • The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source Review).

Traffic/Circulation Impact Mitigation Measures

50. Prior to issuance of building permits, the applicant/developer shall pay the Regional Transportation Impact Fee Program.

51. Prior to issuance of building permits and if necessary as determined by the City Engineer, the applicant/developer shall obtain a street permit or get approved a Traffic Control Plan from the City Public Works Department.

Added by the Planning Commission on 5/1/25

52. Subdivider shall follow the Valley Fever Guidelines from the Kern County Public Health Dept.

This condition added by the Planning Commission on 5/1/25 to document applicant’s agreement to follow the Kern Co Health Dept. Valley Fever Guidelines. 3/24/2025
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EAGLE RIDGE ST

MORNING DR

PALADINO DR
Dr Juliet Thorner
Elementary School
VTTM 7471
Zoning
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional & Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
Vesting Tentative Tract Map
7471

CITY OF BAKERSFIELD
Exhibit B
PROJECT LOCATION MORNING DRIVE & PALADINO DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL LOCAL STREET NOT TO SCALE 60' STREET SECTION - LOCAL 52' STREET SECTION - LOCAL NOT TO SCALE LOCAL STREET NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 MOJAVE PIPELINE CROSSING ON MORNING DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services LOT D - PRIVATE PASEO NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. PRIVATE PASEO TYPICAL SECTION NOT TO SCALE PRIVATE PASEO TYPICAL SECTION NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I AL I C E N S E D L A N D S U R V E Y O R Exhibit C NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 A1 B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 A1 A1 A1 A1 A1 A1 A1 B1 B1 B1 B1 B1 B1 B1 A1 A1 D1 SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services E1 F1 G1 G1 F1 F1 F1 F1 J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I A L I C E N S E D L A N D S U R V E Y O R Exhibit C RESOLUTION NO. _____________

A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL UPHOLDING
THE APPEAL AND DENYING VESTING TENTATIVE TRACT MAP 7471 (PHASED) LOCATED AT THE SOUTHWEST CORNER OF MORNING
DRIVE AND PLADINO DRIVE.

WHEREAS, San Joaquin Engineering Inc., representing LGI Homes – California, LLC., filed an application with the City of Bakersfield Planning Department requesting approval of Vesting Tentative Tract Map 7471 and a modification request to allow Double Frontage Lots, Reverse Corner Lots, Non-Radial Lot lines, Block Length to exceed 1,000 feet, Maximum Landscape Wall Height to exceed 9 feet, Use of Storm Drain Easements and 300’ Centerline Radius. The proposed subdivision would consist of 363 single-family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park on 83.97 acres located at the southwest corner of Morning Drive and Paladino Drive in northeast Bakersfield (the “Project”); and WHEREAS, the application was deemed complete on October 10, 2024; and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, May 1, 2025, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, After the public hearing concluded, the Planning Commission unanimously approved the project, with Brandon Martin representing LGI Homes and Hunter Troxel from San Joaquin Engineering present in support. Lori Pesante, the Director of the Sierra Club, and Jeremy Bowman, neighboring property owner were present to voice opposition. Notably, one Commissioner was absent during the vote (Resolution 22- 25); and
WHEREAS, On May 9, 2025, Sierra Club, the appellant, filed a written appeal with the City Clerk to the Planning Commission’s decision to approve the Project; and WHEREAS, the City Council, through the City Clerk, did set the time and place of the public hearing as Wednesday, August 13, 2025, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider the appeal, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, during the August 13, 2025 public hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s action; and
WHEREAS, the Council has considered and hereby make the following finding:

1. Based on the preponderance of the evidence on the record, Vesting Tentative Tract Map No. 7471 as proposed is not in harmony with the various elements and

objectives of the Metropolitan Bakersfield General Plan.

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

2. The above recitals and findings incorporated herein, are true and correct.

3. The Planning Commission's findings as contained in its Resolution No. 22-25 are hereby overturned.

4. The City Council hereby upholds the appeal.

5. The City Council hereby denies Vesting Tentative Tract Map No. 7471 without prejudice.
o0o

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on August 13, 2025, by the following vote:

AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _______________________________________

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

APPROVED
_______________________________

KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:

VIRGINIA GENNARO
City Attorney
By: ____________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits:

A Location Map with Zoning
B Tentative Map
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COPPERWOOD LN

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STEELHEAD DR

HARPY EAGLE AVE

EAGLE RIDGE ST

MORNING DR

PALADINO DR
Dr Juliet Thorner
Elementary School
VTTM 7471
Zoning
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional & Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
Vesting Tentative Tract Map
7471

CITY OF BAKERSFIELD
Exhibit A
PROJECT LOCATION MORNING DRIVE & PALADINO DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL LOCAL STREET NOT TO SCALE 60' STREET SECTION - LOCAL 52' STREET SECTION - LOCAL NOT TO SCALE LOCAL STREET NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 MOJAVE PIPELINE CROSSING ON MORNING DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services LOT D - PRIVATE PASEO NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. PRIVATE PASEO TYPICAL SECTION NOT TO SCALE PRIVATE PASEO TYPICAL SECTION NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I AL I C E N S E D L A N D S U R V E Y O R Exhibit B NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 A1 B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 A1 A1 A1 A1 A1 A1 A1 B1 B1 B1 B1 B1 B1 B1 A1 A1 D1 SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services E1 F1 G1 G1 F1 F1 F1 F1 J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I A L I C E N S E D L A N D S U R V E Y O R Exhibit B

MAP SET
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EAGLE RIDGE ST

MORNING DR

PALADINO DR
Dr Juliet Thorner
Elementary School
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Copyright nearmap 2015
AERIAL
Vesting Tentative Tract Map
7471

CITY OF BAKERSFIELD
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S
T
SKY
RANCH
AVE
SHILOH

RANCH RD CONDOR ST

BALD EAGLE ST

COPPERWOOD LN

JUNIPER RIDGE RD

STEELHEAD DR

HARPY EAGLE AVE

EAGLE RIDGE ST

MORNING DR

PALADINO DR
Dr Juliet Thorner
Elementary School
A
M-1
C-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-2
R-3
R-2
VTTM 7471
Zoning
Commercial Zone Designations
C-1 Neighborhood Commercial
Industrial Zone Designations
M-1 Light Manufacturing
Resource Zone Designations
A Agricultural
Residential Zone Designations
R-1 One Family Dwelling
R-2 Limited Multiple Family
Dwelling Zone - 1 unit/2,500 sq. ft.

R-3 Limited Multiple Family
Dwelling Zone - 1 unit/1,250 sq. ft.

Vesting Tentative Tract Map
7471

CITY OF BAKERSFIELD
3/24/2025
0 500 1,000
Feet
_
T
H
O
R
N
E
R
S
T
SKY
RANCH
AVE
SHILOH

RANCH RD CONDOR ST

BALD EAGLE ST

COPPERWOOD LN

JUNIPER RIDGE RD

STEELHEAD DR

HARPY EAGLE AVE

EAGLE RIDGE ST

MORNING DR

PALADINO DR
GC
HR
LR
LR
LR
LR
PS
R-MP
R-MP
LMR
LI
LR
LR
HMR
LR
LR
LR
LR
Dr Juliet Thorner
Elementary School
VTTM 7471
Land Use

RESIDENTIAL
LMR - Low Medium Density
Residential: > 4 units but ≤ 10
dwelling units/net acre
HR - High Density Residential: >

17.42 units but ≤ 72.6 dwelling
units/net acre
HMR - High Medium Density
Residential: > 7.26 units but ≤

17.42 dwelling units/net acre
LR - Low Density Residential: ≤

7.26 dwelling units/net acre

COMMERCIAL
GC - General Commercial

INDUSTRIAL

LI - LIGHT INDUSTRIAL

PUBLIC FACILITIES
PS - Public/Private Schools

RESOURCE
R-MP - Resource - Minerals &
Petroleum: 5 acre minimum parcel
size
Vesting Tentative Tract Map
7471

CITY OF BAKERSFIELD
PROJECT LOCATION MORNING DRIVE & PALADINO DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL LOCAL STREET NOT TO SCALE 60' STREET SECTION - LOCAL 52' STREET SECTION - LOCAL NOT TO SCALE LOCAL STREET NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 MOJAVE PIPELINE CROSSING ON MORNING DRIVE NOT TO SCALE 110' STREET SECTION - ARTERIAL SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services LOT D - PRIVATE PASEO NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. PRIVATE PASEO TYPICAL SECTION NOT TO SCALE PRIVATE PASEO TYPICAL SECTION NOT TO SCALE LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I AL I C E N S E D L A N D S U R V E Y O R NS EJ VESTING TENTATIVE TRACT MAP NO. 7471 A1 B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 A1 A1 A1 A1 A1 A1 A1 B1 B1 B1 B1 B1 B1 B1 A1 A1 D1 SAN JOAQUIN ENGINEERING, INC.

Civil Engineering Land Development Services E1 F1 G1 G1 F1 F1 F1 F1 J a s o n E . V a n C u r e n L.S. 7439 S Exp 3-31-26 T A T E O F C A L I F O R N I A L I C E N S E D L A N D S U R V E Y O R S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\03_CEQA\IS_MND_7471.docxx

MITIGATED NEGATIVE DECLARATION
The City of Bakersfield Development Services Department has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Mitigated Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield’s CEQA Implementation Procedures.

PROJECT NO. (or Title): Vesting Tentative Tract Map 7471 (Phased) COMMENT PERIOD BEGINS: November 21, 2024
COMMENT PERIOD ENDS: December 23, 2024
MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required):

Cultural Resources Impact Mitigation Measures:

1. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until a qualified cultural resource specialist can evaluate the find and make recommendations.

Project is subject to any recommendations of the qualified specialist.

2. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.

Biological Resources Impact Mitigation Measures:

3. BIO-1: Preconstruction Survey A qualified biologist knowledgeable in the identification of special-status and other protected wildlife should conduct a preconstruction survey within 14 days or less prior to disturbance (vegetation removal, grading of topsoil, leveling, laydown and materials storage areas, access routes, etc.) and after completion of protocol or other surveys recommended in Measure BIO-8. A Qualified Biologist is defined as a person with a combination of academic qualifications (minimum of 4 years of university or college education in biological sciences, zoology, wildlife biology, ecology, botany, or environmental science), professional field experience conducting biological surveys, and demonstrated knowledge and skills (i.e., field experience) related to the resources potentially present on the proposed site, including species-specific focused or protocol-level surveys to be conducted. The purpose of the preconstruction survey is to confirm the results of protocol surveys and assess the presence of any special-status species or resource considered sensitive under CEQA.

The preconstruction biological survey will consist of walking belt transects spaced at no more than 20m (65 feet) to accomplish 100% coverage of the Project site plus a 250-foot buffer, if accessible. During the survey, all direct and indirect observations of special-status biological resources will be noted if encountered and recorded using a handheld GPS on field forms and/or a mapping program (e.g., ArcGIS Field Maps).

S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\03_CEQA\IS_MND_7471.docxx

4. BIO-2: Worker Environmental Awareness Program (WEAP) LGI Homes or developer will develop and implement a WEAP for all personnel that may conduct work on Tract 7471. WEAP trainings will be conducted for each individual prior to their first access onto the Project, and annually thereafter. The program may include an informational video, handouts, and other materials, and should consist of a presentation with material given on-site or off-site by trained personnel (e.g., Qualified Biologist or assigned Company Environmental Specialists). WEAP trainings shall cover an overview of the laws and regulations governing the protection of biological resources; a description of protected (i.e., special status) species and resources known to occur or with the potential to occur in the Kern River Field; their status and legal protections; what is considered habitat and surface disturbance; biological resource avoidance measures; and a list of designated Project contacts. The program will provide general awareness to workers and supply materials to assist workers in recognizing protected biological resources that may occur on the Project, avoidance measures to protect biological resources, and how to report biological resources if observed. Forms verifying worker attendance should be accessible to City, USFWS and CDFW staff. No untrained personnel should be allowed to work onsite during the construction phase of the Project with the exception of delivery trucks that are only onsite for 1 day or less and are under the supervision of a trained employee.

5. BIO-3: Biological Monitoring. A Qualified Biologist shall be present during initial surface disturbance for project locations where sensitive species have been observed or have the potential to occur based on pre-disturbance and/or focused/protocol biological survey results.

6. BIO-4: Nesting Bird Season. If initial ground disturbance occurs during nesting season (February 1 to August 31) a qualified avian biologist shall conduct a nesting bird survey to identify any active nests present within the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within a buffer area, established by the qualified avian biologist, that is suitable to the particular bird species and location of the nest, until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas.

7. BIO-5: California legless lizard, California glossy snake, and San Joaquin coachwhip. If any of these species are identified during initial ground disturbance monitored by the qualified biologist, they shall be allowed to leave of their own accord. If they do not leave, they may be moved by a qualified biologist to nearby suitable habitat, out of harm’s way.

8. BIO-6: Unidentified Special Status Species If any previously unidentified protected species that is not addressed in this document or any previously unreported protected species are found to be present, occupied areas shall be avoided by a buffer determined by a Qualified Biologist and the City of Bakersfield shall be notified. Any take of protected wildlife shall be reported immediately to USFWS and CDFW.

9. BIO-7: Best Management Practices The following best management practices (BMP) shall be implemented on the Tract 7471 Project to minimize impacts to resident wildlife in areas adjacent to the Project:

1. During construction, all vehicles will observe a 15 mile-per-hour speed limit unless otherwise posted. Off-road traffic outside designated access routes shall be S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\03_CEQA\IS_MND_7471.docxx

prohibited. Speed limit signs will be posted at visible locations at regular intervals on all access roads.

2. Construction activities shall occur during daylight hours to the extent feasible. Initial ground disturbance shall be strictly limited to daylight hours. Nighttime activity shall use shielding or directed lighting to minimize light impacts on adjacent habitat.

3. All food-related trash items and microtrash, such as wrappers, cans, bottles, bottle tops, and food scraps shall be disposed of in closed containers and routinely removed from Project, at intervals of no less than once per week.

4. Herbicide application shall be in accordance with existing laws and manufacturers’ instructions (i.e., pesticide/herbicide labels). All herbicide chemicals used must be registered for use in the U.S. and California and must have a label certifying that the U. S. Environmental Protection Agency and the California Department of Pesticide Regulation (DPR) have approved the herbicide for use. Herbicides will not be sprayed within 50 feet of any known California- listed plant occurrence or federal land. No rodenticides shall be used on any project.

5. All open trenches, excavations, and/or holes more than 2 feet deep shall be backfilled or covered at the end of each workday to prevent wildlife entrapment. If an excavation or hole is too large to cover, escape ramps shall be installed at an incline ratio of no greater than 1:1 for every 500 feet. All trenches and excavations shall be inspected for the presence of wildlife each day prior to the start of work.

Before such holes or trenches are filled, workers shall thoroughly inspect excavations and trenches for trapped animals.

6. All exposed pipes, culverts, and other similar structures with a diameter 3 inches or greater shall be properly capped in order to prevent entry by San Joaquin kit fox or other wildlife. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other wildlife are not present. If a listed species is found within pipe, culverts or similar structures, the animal will be allowed to escape that section of its own accord prior to moving or utilizing that segment. All bent pipe with a diameter of 3-inches or greater that cannot be visually inspected for wildlife with 100 percent certainty shall be left in place and monitored by a Qualified Biologist using wildlife cameras and/or tracking material prior to being capped, moved, or buried. If any wildlife is discovered inside a pipe, that section of pipe shall not be moved until the animal vacates the pipe on its own accord.

7. All vertical tubes used in project construction and chain link fencing poles shall be capped to avoid entrapment and death of special-status wildlife and birds.

8. Discovery of State or federally listed species that are injured or dead shall be reported immediately via telephone and within 24 hours in writing to CDFW and/or USFWS Office as applicable.

9. All construction equipment and construction personnel vehicles shall be checked underneath prior to moving, to ensure that no wildlife is under equipment/vehicles. If any individuals are detected beneath equipment or vehicles, the equipment or vehicles will be left in place until the wildlife moves out of harm’s way on its own accord.

10. All washing of trucks, paint, equipment, or similar activities including concrete washout shall occur in designated areas/facilities where runoff is fully contained for collection prior to off-site disposal. Wash water may not be discharged from the S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\03_CEQA\IS_MND_7471.docxx

Project, must be stored in a manner that excludes special-status wildlife species, and be located at least 100 feet from any water of the State.

11. To prevent harassment of special-status species, construction personnel shall not be allowed to have firearms or pets on the Project.

12. All food-related trash items such as wrappers, cans, bottles and food scraps generated by Project activities shall be disposed of in closed containers and removed at least once each week from the site. Deliberate feeding of wildlife shall be prohibited.

13. All liquids shall be in closed, covered containers. Any spills of hazardous liquids shall be promptly addressed and not be left unattended until clean-up has been completed.

14. Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.), except animals killed on state and county roads when such mortality is not associated with Project traffic.

15. In the case of entrapped wildlife that are listed species, contact of a Qualified Biologist and escape ramps or structures shall be installed immediately, if possible, to allow the subject wildlife to escape unimpeded.

16. In the case of injured special-status wildlife, the CDFW shall be notified immediately.

During business hours Monday through Friday, the phone number is (559) 243-4017.

For non-business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident. Instructions provided by the CDFW for the care of the injured animal shall be followed by the contractor onsite.

17. In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be immediately (within 24 hours) notified by phone or in person and shall document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident.

18. Prior to commencement of construction on any phase of work, work areas shall be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries.

10. BIO-8: Prior to surface disturbance or site alteration (vegetation removal, grading of topsoil, leveling, materials storage on site, etc.) on the Tract 7471 Project, the following focused surveys with accompanying survey buffers shall be conducted. If any of these resources are observed, recommended avoidance buffers are shown in Table 4-1. If 100% avoidance is not likely, CDFW and USFWS shall be contacted for appropriate notification, permitting, and guidance. If federal and/or state authorizations are required to complete species specific surveys, Qualified Biologists will be required to have appropriate USFWS/CDFW authorizations prior to conducting those surveys.

State and Federal Listed and Candidate Species
• Crotch’s Bumble Bee (agency protocol): Unless otherwise approved by CDFW, a survey of bumble bees following the methods contained in California Department of Fish and Wildlife Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (June 6, 2023) shall be conducted during the bumble bee colony active period (April-August) prior to surface disturbance. If bumble bees are captured for S:\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\03_CEQA\IS_MND_7471.docxx