Agenda, regular meeting, second session — Bakersfield City Council, August 27, 2025 (part 2 of 3)

4. TERMINATION OF AGREEMENT. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, thirty ( 30) days before the termination is effective . CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.

5. COMPLIANCE WITH ALL LAWS . SUBRECIPIENT shall, at SUBRECIPIENT’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:

5.1 Federal Laws . SUBRECIPIENT shall obey all applicable federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to this Agreement.

5.2 Prevailing Wage . SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of California Department of Industrial Relations (DIR) registration of the Project.

5.3 Local Laws . All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building, Planning and/or Public Works Department s for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.

5.4 City Tax Certificate . SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

5.5 Nondiscrimination. Not discriminate or segregate against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of this Agreement or use of the Property.

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5.6 Miscellaneous. SUBRECIPIENT shall execute Exhibits C , and D, attached hereto and incorporated by reference herein,
demonstrating compliance with certain regulation provisions.

6. CLOSE-OUTS. SUBRECIPIENT's obligation to CITY shall not end until all close - out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materi als, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records.

7. AUDITS AND INSPECTIONS . All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.

8. LOBBYING. SUBRECIPIENT certifies, to the best of its knowledge and belief, no federally-appropriated funds have been paid or will be paid, by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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

10. INDEMNITY. SUBRECIPIENT 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 ki nd whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, SUBRECIPIENT's Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)

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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 ac tive negligence or willful misconduct.

11. INSURANCE.

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

11.1.1 Automobile liability insurance , providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.

11.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

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

11.1.2.2 Provide products and completed operations
coverage; and

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

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

11.1.3 Workers' compensation insurance, with limits of not less than $1,000,000 per occurrence . I n 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,
SUBRECIPIENT must submit to CITY the following certification Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)

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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, SUBRECIPIENT 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.

11.2 General Provisions Applying to All Insurance Types.

11.2.1 All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

11.2.2 All policies required of SUBRECIPIENT 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 SUBRECIPIENT’s insurance and must not contribute with it.

11.2.3 The insurance required above, e xcept for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)

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insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

11.2.4 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.

11.2.5 Full compensation for all premiums which SUBRECIPIENT 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 therefore or for additional
premiums which may be required by extensions of the
policies of insurance.

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

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

12. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.

12.1 SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance.

12.2 SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.

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12.3 SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.

13. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise and may be enforced concurrently therewith or from time to time.

14. ACCOUNTING RECORDS. SUBRECIPIENT 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 SUBRECIPIENT’s office during the term of this Agreement, and for a period of three (3) 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.

15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.

16. 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.

17. CONFIDENTIALITY. During the term of this Agreement, SUBRECIPIENT will be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties.

SUBRECIPIENT 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 SUBRECIPIENT prepares, and confidential information given to SUBRECIPIENT 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.

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18. CONFLICTS OF INTEREST . SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.

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

20. 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.

21. 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 referenc e is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

22. 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.

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. KEY PERSONNEL . At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.

25. LICENSES. SUBRECIPIENT 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 SUBRECIPIENT to practice its profession.

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26. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.

27. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.

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

29. 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 depositing in the United States mail. The Parties shall be addressed as follows, or at any other address designated by notice.

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

SUBRECIPIENT: HOUSING AUTHORITY OF

THE COUNTY OF KERN
601 24th Street, FRNT
Bakersfield, California 93301

30. 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.

31. STARTING WORK. SUBRECIPIENT 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 SUBRECIPIENT and CITY.

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

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

34. TAX NUMBERS.

SUBRECIPIENT’s Federal Tax ID Number
SUBRECIPIENT is a corporation? Yes No (Please check one.)

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above.

"CITY" “SUBRECIPIENT”

CITY OF BAKERSFIELD HOUSING AUTHORITY OF

THE COUNTY OF KERN

By: ________________________________ By: ________________________________ KAREN GOH STEPHEN M. PELZ
Mayor Executive Director

APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY

DEVELOPMENT DEPARTMENT

By: ________________________________
JENNIFER M. BYERS
Director

APPROVED AS TO FORM: COUNTERSIGNED:

City Attorney:_____________________ Finance Director: _____________________

VIRGINIA GENNARO RANDY MCKEEGAN

Insurance:____________

VG/blf
S:\Economic&CommunityDevelop\Agr\25-26\HHAP 3 Agreement_Housing Authority - Elevate.docx Attachments: Exhibit “A”
Exhibit “B”
Exhibit “C”
Exhibit "D”
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A - 1

EXHIBIT A
Scope of Work

Purpose of Project
The purpose of this project is to provide the Housing Authority of the County of Kern funds for the construction of 126 affordable housing units known as the Elevate Apartments located at 3201 F Street, Bakersfield, California 93301.

Description
Funds will provide support for construction expenses of Elevate Apartments, an affordable housing project consisting of 126 units (including one manager’s unit), located at 3201 F Street, Bakersfield, CA 93301. Housing is reserved for people experiencing or at-risk of experiencing homelessness. This development provides interim housing for Homeless Youth and Youth at Risk of Homelessness, thirty-six (36) homes, and for the General Homeless and General at Risk of homelessness population, eighty-nine (89) homes. Elevate serves households with incomes equal to or less than thirty percent (30%) of Area Median Income (AMI).

Limitations
The total amount to be paid by CITY under this shall NOT EXCEED EIGHT HUNDRED EIGHTY THOUSAND NINE HUNDRED DOLLARS ($880,900) in HHAP-3 funds for affordable housing development costs.

Funds may not be used for supplantation.

Time Frame
Agreement term shall commence on the date of execution as indicated above and end December 31, 2026, unless terminated earlier as provided herein.

Reporting
SUBRECIPIENT shall provide quarterly reports beginning 60 days after SUBRECIPIENT receives funds and continue until funds are expended.

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EXHIBIT B

CONTRACTOR INVOICE
Payment Reimbursement Request
Grant Funding
Circle Grant Type
Community Development
Block Grant (CDBG)
General Fund
(ARPA Interest)
Homeless Housing Assistance
& Prevention (HHAP)
Public Safety Vital
Services (PSVS)
Agreement No: Purchase Order No: Payment Request No: Invoice No:

To: City of Bakersfield
Attn: Economic & Community Development
Address: 1600 Truxtun Avenue – 3rd Floor

Bakersfield, CA 93301
From:

Mailing Address:

Grant award amount: $

Reimbursement Requested: $
Program Income: $

I have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obligations are met, and services are being provided to intended clients.

Contractor Representative Date
Signature

Contractor Representative
Printed Name

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CONTRACTOR PAYMENT REQUEST

DISPUTE NOTIFICATION FORM

Name of CONTRACTOR:

_____________________________________________

Address of CONTRACTOR:

_____________________________________________

Date Payment Request Received: __________________________________

Date Payment Request Declined: ___________________________________

Reason for Decline/Dispute:
__________________________________________________________________

__________________________________________________________________

Reviewed By:_______________________________________________________

Title:______________________________________________________________

Dated:_____________________________________________________________

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INVOICING DETAIL

1. INVOICE PACKAGES.

1.1 No disbursement under this Agreement will be made except (a) after CONTRACTOR’s Executive Director and Financial Manager(s) attend a Contract Workshop conducted by CITY, and (b), upon receipt of an acceptable “CONTRACTOR Payment Request” duly executed by o r on behalf of the CONTRACTOR. The CONTRACTOR must execute all Payment Request forms. A completed CONTRACTOR Payment Request form must accompany all invoice packages. All invoice packages shall be submitted to the Economic and Community Development Home lessness Services Unit and not to exceed one invoice package per month and in the minimum amount of $500.00 except for the final funding draw invoice. Each month’s Payment Request shall be for a one calendar month period of time such as July, August, September, etc. except for the first Payment Request to be processed , which may include all months beginning March 1, 2025 and prior to the month ending for the date of the execution of the agreement. The address for submittal is:

City of Bakersfield
City Hall North – Economic & Community Development
1600 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301

1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by City that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the CONTRACTOR by initiating an “Invoice Dispute Notification” form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the add ress exactly as provided above may result in return of the invoice to the CONTRACTOR. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City.

1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations.

1.4 CONTRACTOR shall provide proof of payment to City for each invoice submitted for payment under this Grant. If the CONTRACTOR is not able to demonstrate proof of payment, City, at its discretion, may not issue a check.

1.5 The invoice shall contain the following information:

1.5.1 The word “INVOICE” and a sequential invoice number should appear in a prominent location at the top of the page(s); Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA B - 4

1.5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number;

1.5.3 Printed name of the CONTRACTOR, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number;

1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based;

1.5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider/contractors invoice; and,

1.5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work;

1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement.

1.5.8 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the CONTRACTOR under the terms of this Agreement; and

1.6 The following items will not be allowed:

1.6.1 Late fees, gambling debts, debts of Board Members, invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not balance, donations, Bingo game expenses, and expenses related to raffles and any other game of chance.

1.6.2 Proof of payment must be provided with invoice and CONTRACTOR payment request. Proof of payment may be a copy of an issued or cancelled check or copy of credit card payment.

1.6.3 Identifying information about CONTRACTOR employees or volunteers other than employee or volunteer names. Information such as Social Security numbers and addresses of employees or volunteers should not be included.

1.7 Original signature and date (in ink) of CONTRACTOR or its authorized representative on the CONTRACTOR payment request.

1.8 Final invoice shall be clearly marked ‘FINAL INVOICE’ and be submitted along with supporting documentation within the time as designated within the terms of the agreement.

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EXHIBIT C

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executive Director Date
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EXHIBIT D

DRUG FREE WORKPLACE CERTIFICATION

The undersigned certifies, to the best of his or her knowledge and belief, that: CONTRACTOR, representing the facility known as _____________________________ located at ________________________ will continue to provide a drug-free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the CONTRACTOR’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

2. Establishing an ongoing drug-free awareness program to inform employees about; (a) The dangers of drug abuse in the workplace;
(b) The CONTRACTOR’s policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and, (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;

4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will:
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

5. Notifying the agency in writing within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position tit le, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6.

8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD).

Dated: _ Executive Director
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ADMINISTRATIVE REPORT

MEETING DATE: July 9, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: June 27, 2025
SUBJECT: Agreement with Mission Community Services Corporation (not to exceed $123,275) for the Workforce Development and Economic Opportunity Plan (Wards 1, 2 & 3)

RECOMMENDATION:

Staff recommends approval of agreement.

BACKGROUND:

In 2023, the City of Bakersfield applied for a Transformative Climate Communities (TCC) grant from the California Strategic Growth Council (SGC). In partnership with local organizations and the community, the Southeast Strong initiative was created. It consists of projects and programs focused in Southeast Bakersfield, an area of the City with some of the most disadvantaged census tracts in the State of California as determined by CalEnviroScreen 4.0. This initiative is aimed at making capital improvements within the area to address underinvestment and to bring new opportunities to southeast residents.

Proposed improvements include new affordable housing, urban greening, bicycle and pedestrian transportation improvements, energy efficiency improvements for low-income homeowners, and support programs.

On March 10, 2025, the City entered into Agreement No. SGC23129 with SGC for the TCC grant in the amount of $22,125,000 for the Southeast Strong initiative. Funds will be used to support multiple revitalization projects and programs for Southeast Bakersfield.

The Southeast Strong Workforce Development and Economic Opportunity Plan (WDEOP) will tie proposed programs and projects with residents to create a synergy around investing in the TCC focus area. The City will partner with four agencies to execute the WDEOP. Cohesively, the partners in the WDEOP will facilitate meaningful dialogue and connection with residents to ensure programs and projects impact the livelihood of residents in the focus area. The agreement would award the Mission Community Services Corporation (MCSC) $123,275 in TCC funds for the WDEOP.

FISCAL IMPACT:

No fiscal impact on the General Fund.

COUNCIL GOAL:

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

ATTACHMENT:

Agreement

TCC Agreement (Mission Community Services Corporation)

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AGREEMENT NO. _________________

TRANSFORMATIVE CLIMATE COMMUNITIES

AGREEMENT WITH MISSION COMMUNITY SERVICES CORPORATION

This AGREEMENT is made and entered into on ________________ , by and between CITY OF BAKERSFIELD , a California charter city and municipal corporation ("CITY" herein) and MISSION COMMUNITY SERVICES CORPORATION, a nonprofit public benefit corporation authorized to do business in California (“SUBRECIPIENT” herein ). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.

R E C I T A L S

WHEREAS, the California Legislature appropriated $160 million from the general fund in fiscal year 2022/2023 to support the Transformative Climate Communities Grant Program (“TCC” herein) administered by the Strategic Growth Council (“SGC” herein) in partnership with the California Department of Conservation; and

WHEREAS, on March 8, 2023 , the SGC released a Notice of Funding Availability (“NOFA” herein) for eligible applicants to apply for up to $99.2 million in TCC funds, inclusive of $88,500,000 to be made available for implementation grants; and

WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative (herein “PROJECT”), which plans to fund multiple improvement projects in Southeast Bakersfield; and

WHEREAS, on December 14, 2023, the SGC awarded CITY $22,125,000 in TCC funds for implementation of the PROJECT; and

WHEREAS, on March 10, 2025, CITY entered into a Grant Agreement with the SGC which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to the PROJECT; and

WHEREAS, CITY intends to designate several subrecipients to assist with implementation of the PROJECT; and

WHEREAS, SUBRECIPIENT has been identified to serve as one of the several entities responsible for the PROJECT’s Workforce Development and Economic Opportunities Plan.

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

1. SCOPE OF WORK . SUBRECIPIENT shall be responsible for administering the Workforce Development and Economic Opportunities Plan, as provided in Exhibit “A” attached hereto and incorporated by reference herein, in a manner satisfactory to CITY (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task SUBRECIPIENT has been hired to perform, whether specifically included in the Scope of Work or not. CITY agrees to make grant funds available to SUBRECIPIENT for administration and reporting of Program Activities as provided in Exhibit “A”.

2. COMPENSATION. Compensation for all work, services, or products called for under this Agreement shall consist of a reimbursement payment(s) NOT TO

EXCEED ONE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED SEVENTY- FIVE DOLLARS ($123,275.00).

CITY will pay SUBRECIPIENT within thirty (30) days after SUBRECIPIENT 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 SUBRECIPIENT for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. In no case will CITY compensate SUBRECIPIENT more than $123,275.00 for performing the Scope of Work. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the Parties.

2.1 Resource Allocation of Funds. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds.

SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.

2.2 Reimbursement Payments . CITY agrees to reimburse "claims for payment" directly to SUBRECIPIENT within thirty (30) days after CITY receives a satisfactory "claim for payment." SUBRECIPIENT shall use the bi-monthly invoicing template attached hereto as Exhibit “ B,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement setting forth actual Docusign Envelope ID: 4106C8C9-A05A-4CA0-9CCE-FF38D390B7F6

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expenditures of SUBRECIPIENT in accordance with this Agreement.

SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.

2.2.1 SUBRECIPIENT shall not be reimbursed or otherwise compensated for any expenditures incurred or services
provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement unless agreed to by CITY . CITY shall only reimburse SUBRECIPIENT for documented expenditures incurred during the Agreement
Term that are: (i) reasonable and necessary to carry out the services described in Exhibit “A;” (ii) documented by contracts or other evidence of liability consistent with established CITY and SUBRECIPIENT procedures; and (iii) incurred in
accordance with all applicable requirements for the
expenditure of funds payable under this Agreement.

3. TERM. The term of this Agreement shall commence on the date of execution as indicated above , and end on March 10, 2029, unless terminated earlier as provided herein.

4. TERMINATION OF AGREEMENT . CITY reserves the right to terminate this Agreement upon giving SUBRECIPIENT notice of intention to terminate at least thirty (30) days prior to the effective date of the termination. CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.

5. COMPLIANCE WITH ALL LAWS . SUBRECIPIENT shall, at SUBRECIPIENT’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 ordinance s and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation:

5.1. Federal Laws. SUBRECIPIENT shall obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the PROJECT. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the PROJECT.

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5.2. Prevailing Wage . If applicable , SUBRECIPIENT shall p ay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of Department of Industrial Relations(DIR) registration of the PROJECT.

5.3. Local Laws . All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building , Planning and/or Public Works Departmen ts for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.

5.4. City Tax Certificate . SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

5.5. Nondiscrimination. SUBRECIPIENT shall not discriminate or segregate against any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusy in the performance of this Agreement or use of the property.

5.6. Miscellaneous. SUBRECIPIENT shall comply with all applicable programmatic requirements as required from the State of California in the implementation of the TCC program. Those requirements are stated in Standard Agreement No. SGC23129 between CITY and the State of California, a s listed in Exhibit “ C” attached hereto and incorporated by reference herein. Nothing in this Agreement shall be construed to require SUBRECIPIENT to comply with CITY obligations as stated within Exhibit “C.”

6. REPORTING REQUIREMENTS. SUBRECIPIENT shall provide CITY with the following Metrics/Reporting items on a bi-monthly basis, starting upon execution of this Agreement, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “D” attached hereto and incorporated by reference herein. In addition, SUBRECIPIENT will submit an annual report documenting progress in meeting program objectives as described in Exhibit “E” attached hereto and incorporated by reference herein.

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6.1. Close-Outs. SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receiva ble to CITY), and determining the custodianship of records . Final payment request(s) under this Agreement must be received by Recipient no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by Recipient after this date without authorization from Recipient.

6.2. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State of California , at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.

6.2.1. SUBRECIPIENT must maintain copies of PROJECT records during the grant term and for four (4) years following the termination of the Agreement. The State of California retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term.

7. LOBBYING. SUBRECIPIENT certifies that no TCC grant funds will be paid by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any local, state, or federal agency or office, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.

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

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9. INDEMNITY. SUBRECIPIENT 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 ki nd whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, SUBRECIPIENT'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. This provision shall survive the expiration or termination of this Agreement.

10. INSURANCE.

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

10.2. 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.

10.3. 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:

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

10.3.2. Provide products and completed operations coverage; and

10.3.3. Provide premises, operations, and mobile equipment coverage; and

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

10.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Docusign Envelope ID: 4106C8C9-A05A-4CA0-9CCE-FF38D390B7F6

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Labor Code Section 3700, every contractor will be required to secure payment of compensation to his employees. Pursuant to Labor Code Section 1861, SUBRECIPIENT 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, SUBRECIPIENT 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.

10.5. General Provisions Applying to All Insurance Types.

10.5.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

10.5.2. All policies required of SUBRECIPIENT 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 b e excess of SUBRECIPIENT’s insurance and must not contribute with it.

10.5.3. 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 Docusign Envelope ID: 4106C8C9-A05A-4CA0-9CCE-FF38D390B7F6

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no event less than A -:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

10.5.4. 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.

10.5.5. Full compensation for all premiums which SUBRECIPIENT 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.

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

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

11. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.

11.1. SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance.

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11.2. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.

11.3. SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.

12. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwis e and may be enforced concurrently therewith or from time to time.

13. 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 per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

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

14. ACCOUNTING RECORDS. SUBRECIPIENT 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 SUBRECIPIENT’s office during the term of this Agreement, and for a period of four (4) 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.

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17. CONFLICTS OF INTEREST . SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.

18. 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.

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

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

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. 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.

23. 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.

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

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25. KEY PERSONNEL . At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.

26. LICENSES. SUBRECIPIENT 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 SUBRECIPIENT to practice its profession.

27. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.

28. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.

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

30. 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 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
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301

SUBRECIPIENT: Maxine Kozler
Mission Community
Services Corporation
71 Zaca Lane, Suite 130
San Luis Obispo, California 93401
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31. 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.

32. REMEDIES. If SUBRECIPIENT is in default of this Agreement, or any terms of the Grant Application, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:

32.1. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.

32.2. Seek reimbursement of all dispersed grant funds related to the PROJECT.

32.3. Disallow future grant funds to SUBRECIPIENT.

33. STARTING WORK. SUBRECIPIENT 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 SUBRECIPIENT.

34. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

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

36. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the Parties hereunder for the period of the enforced delay or longer.

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37. AMENDMENT. Any amendment to this Agreement, including to the Approved Services and the Approved Budget, shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.

38. 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.

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

40. TAX NUMBERS.
"SUBRECIPIENT's" Federal Tax Identification No. 77-0494600. "SUBRECIPIENT" is a corporation? Yes X No . (Please check one.)

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

"CITY" "SUBRECIPIENT"

CITY OF BAKERSFIELD MISSION COMMUNITY

SERVICES CORPORATION

By: _________________________ By: _________________________ KAREN GOH Maxine Kozler
Mayor Executive Director

(Additional Signatures on Following Page)

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APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY

DEVELOPMENT DEPARTMENT

By: _________________________
JENNIFER M. BYERS
Economic and Community
Development Director

APPROVED AS TO FORM:

By: _________________________

VIRGINIA GENNARO
City Attorney

Insurance: ____________

COUNTERSIGNED:

By: _________________________

RANDY MCKEEGAN
Finance Director

VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\TCC MCSC WDEOP Partner Agreement_v3.docx

Attachments: Exhibit "A” Exhibit "D”
Exhibit "B” Exhibit “E”
Exhibit "C”
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A - 1
EXHIBIT "A"

Workforce Development and Economic Opportunities Plan – Mission Community Services Corporation

Scope of Work

Project Description: Mission Community Services Corporation (MCSC) will implement aspects of the Workforce Development and Economic Opportunities Plan. This project will mobilize opportunities for residents in the area through enhanced access to job training programs, including construction industry trades, basic job skills training, entrepreneurship support, and connection with contracting opportunities through TCC. The plan aims to provide pathways to quality jobs which meet residents’ basic needs and provide opportunities for economic mobility.

MCSC Kern Women's Business Center (KWBC) will deliver fifteen public small business and entrepreneur startup classes as part of the plan. MCSC KWBC will also create an outreach and engagement plan outlining continuous efforts, including printed materials, digital outreach through social media, and in-person engagement. Details such as activity numbers, event frequency, and evaluation methods will be defined in this plan. Additionally, MCSC KWBC staff will support grant reporting activities, including invoicing, deliverables, coordination, and participation in meetings.

Project Workplan/Project Timeframe: Based on the scope of work, eligible activities, deliverables, and timelines will be as follows:

Task Deliverables Timeline Grant Funds Leverage
Task 4: Facilitate Entrepreneurship and Small Business Startup Training A) MCSC KWBC will
hold fifteen (15)
public small business
and entrepreneur
startup classes.

KCCD will hire a lead
consultant to work in
the TCC project area
to oversee
implementation of
these programs in
the first 3 months of
the program.

A) Attendee list for each
class

Month 1 -
Project
Completion
Period

$123,275.00

$0
B) MCSC KWBC will
develop an
B) Community
Engagement Plan
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outreach and
engagement plan to
specify ongoing
engagement efforts
(subtask D)
C) MCSC KWBC will
conduct outreach
through:

-Printed materials
(flyers, newsletters)
-Digital Outreach
(social media posts)
-In-person outreach.

Specifics of plan
(number of activities,
frequency of events,
any evaluation
methods, etc.) will
be specified in
engagement plan
(subtask C)
C) Report on the
number of email
blasts/social media
posts/other forms of
outreach to market
services.

D) Staff support
grant reporting such
as invoicing and
reporting,
deliverable
developments,
coordination,
meetings.

D) Bimonthly invoicing
and progress reporting

Budget Narrative: As part of the Workforce Development and Economic Opportunities Plan, MCSC will receive ONE HUNDRED TWENTY -THREE THOUSAND TWO HUNDRED AND SEV ENTY-FIVE DOLLARS ($123,275.00) to complete their deliverables for the Workforce Development and Economic Opportunities Plan. A summary budget is as follows:

COST

CATEGORY

COST DESCRIPTION COST

PER UNIT
($)

UNITS TOTAL

PROJECT
COST

TOTAL TCC
GRANT
FUNDS
Direct
Costs
Business Instructors
(units = hours)
$100.00 800 $80,000.00 $80,000.00
Direct
Costs
Business Consultants
(units = hours)
$50.00 738 $36,900.00 $36,900.00
Direct
Costs
Marketing and
Outreach - leafletting
outreach and digital
marketing on social
media and website
$4,600.00 5 $23,000.00 $23,000.00
Direct
Costs
KWBC Staff support
data reporting &
program coordination
- Staff time for
collecting data for
reporting and working
with lead consultant
on the project,
scheduling
classes/workshops and
consultations
$8,000.00 5 $40,000.00 $40,000.00
Direct
Costs
Lead Consultant Small
Business Support -
Contracted consultant
to lead the project
$7,200.00 5 $36,000.00 $36,000.00
Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

A - 3
Indirect
Costs
5% overall
Administrative Delivery
Fee for the
programming
(Bookkeeping, HR,
Internal Staff, etc.)
$2,300.00 5 $11,500.00 $11,500.00
Indirect
Costs
Equipment -
Computers (For use by
clients in classes)
$300.00 10 $3,000.00 $3,000.00
Direct
Costs
Curriculum
Development -
Subcontractor at
$100/hr
$100.00 20 $2,000.00 $2,000.00
Direct
Costs
Marketing - Printed
Outreach Materials -
marketing
classes/workshops
flyers, signage,
class/workshop
materials
$1,450.00 5 $7,250.00 $7,250.00
Total

$239,650.00

Invoicing Process: MCSC shall submit bi -monthly invoices for all costs incurred within the previous two -month cycle for all cost related to the program’s implementation. Invoices shall be submitted using Exhibit “ B” or an approved equivalent and shall provide all necessary backup documentation verifying the costs incurred, including, but not limited to timesheets, invoices, and purchase orders. MCSC, and all subcontractors, shall maintain all records for a period of four years after completion of the project . All invoices shall b e submitted by the 10th day of the month following the completion of the bi -monthly invoice period for which costs were incurred, and reimbursement is being requested.

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

B - 1
EXHIBIT "B"

BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]

Date:

TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM

IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY

Grantee: Grant Number:

TCC Project Name: Round #:

Signature: Date:

B - 2

Indicator
Tracking
Plan

TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-

Total Budget
Total Invoiced to Date
Amount Remaining $-

Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

B - 3

TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM

IMPLEMENTATION GRANT - INVOICE DETAIL

Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.

Grantee: Grant Number:

TCC Project Name: Round #:

Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]

TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

B - 4

Subtotal $-
Equipment

Subtotal $-
Indirect/Overhead

Subtotal $-

SUBTOTAL FOR THIS
PERIOD $-
Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

C - 1
EXHIBIT "C"
SUBRECIPIENT shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:

➢ SCOPE OF WORK : Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ SPECIAL TERMS AND CONDITIONS : Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ TRANSFORMATIVE PLANS SUMMARY : Exhibit D -2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)

➢ INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ INDICATOR TRACKING TABLES: Exhibit D -4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ AUTHORIZED SIGNATORY TEMPLATE : Exhibit D -6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

C - 2
➢ TCC GRANTEE PUBLICITY GUIDELINES : Exhibit D -8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ TCC PARTNERSHIP AGREEMENT: Exhibit D -9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

➢ CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D -10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council

(Copies of the above provided upon request)

_________________________________________________
SUBRECIPIENT’s Acknowledged Review

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

D - 1
EXHIBIT "D"

BI-MONTHLY REPORTING FORM
Grantee: Grant Number:

TCC Project Name: Round #:

Signature:

Date:

1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:

[INSERT Task # and Name] $

Total $

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

D - 2

2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.

[INSERT Task # and Name] $

Total $

3. Summarize the Indicator Tracking work completed during the reporting period:

E - 1
EXHIBIT "E"

ANNUAL REPORTING FORM

TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM

ANNUAL PROGRESS REPORT
Grantee: Grant Number:

TCC Project Name: Round #:

Date:

Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:

Success Stories and Lessons Learned

1. Summarize the major grant milestones completed in the last year.

2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.

4. Discuss any challenges experienced while implementing the grant.

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

E - 2

5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.

6. Describe any concerns related to administering the grant and/or working with the State.

Leverage Projects

7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.

8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.

9. Describe any challenges and/or issues faced with implementing or monitoring stand- alone leverage projects.

Leverage
Project or
New
Investment
Funding Source

New Amount
Committed ($)
Dates
Committed

Description of
Project or New
Investment
(include
reference links,
if available)

Docusign Envelope ID: 61F57054-9044-4350-84CD-23203D2A2C0C

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: August 4, 2025
SUBJECT: Agreement with Building Healthy Communities (not to exceed $223,360) for Community Engagement Plan

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

The Southeast Strong Community Engagement Plan (CEP) will tie proposed programs and projects with residents to create a synergy around investing in the TCC focus area. The City will partner with four agencies to execute the CEP. Cohesively, the partners in the CEP will facilitate meaningful dialogue and connection with residents to ensure programs and projects impact the livelihood of residents in the focus area. The agreement would award the Building Healthy Communities (BHC) $223,360 in TCC funds for the CEP.

FISCAL IMPACT:

No fiscal impact on the General Fund.

COUNCIL GOAL:

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

WARDS: 1, 2 and 3

ATTACHMENT:

Agreement

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: August 15, 2025
SUBJECT: Agreement with Willdan (ESCO) (no compensation at this time) to perform a preliminary Investment Grade Audit of Water Department facilities to develop energy savings projects.

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

Staff is recommending approval of this agreement for the Multi-Phase Investment Grade Audit and Energy Savings Performance Contract. The approval of this agreement will establish a crucial foundation for the development of Investment Grade Audit s (IGAs), focused on identify and advancing potential energy efficiency and energy savings projects thereby enabling the City and Water Department to realize cost savings.

Multi-Phase Investment Grade Audit and Energy Savings Performance Contract On July 31, 2024, the Public Works Department issued a Request for Qualifications (RFQ) for qualified Energy Services Companies (ESCOs) to execute an Investment Grade Audit (IGA) and identify, develop, and potentially implement Energy Efficiency Capital Improvement Projects using the Design -Build method. This multi-phase, turnkey energy efficiency program includes:

 Energy auditing and benchmarking
 Design, engineering, and permitting
 Construction and implementation
 Performance monitoring and ongoing services

Eight proposals were received. A selection committee, using RFQ -defined criteria—including approach, experience, references, qualifications, and overall proposal quality —shortlisted three firms: ENGIE Services U.S. Inc., Noresco LLC, and Willdan. These firms participated in Oral Appraisal Interviews on October 24, 2024.

Willdan received the highest score (91.25) and was selected to proceed.

The engagement includes three phases:

Phase 1: Preliminary Investment Grade Audit Analysis - Willdan will conduct a preliminary analysis of Water Department buildings, facilities, and infrastructure to evaluate potential energy and cost -saving measures. The City incurs no cost for this phase.

Phase 2: Detailed In vestment Grade Audit - If the Water Department elects to continue, Willdan will develop detailed scopes of work, guaranteed maximum pricing, projected savings, funding options, and

schedules. A not-to-exceed fee of $31,428 applies only if the Water Depa rtment does not proceed with any project. If the City moves forward with one or more projects, there is no fee for the IGA.

Phase 3: Project Selection and Potential Contracting - If implementation costs are offset by avoided expenses, the City may enter into an Energy Savings Performance Contract (ESPC) with Willdan. The City is only responsible for the IGA fee if no project moves forward. Upon Council approval for this agreement, staff will issue a notice -to-proceed for only Phase 1 at this time. Staff w ill bring this item back to City Council after Phase 1 is completed and appropriate funds in the Water Department’s Capital Improvement Program prior to moving forward into Phase 2.

FISCAL IMPACT:

There is no fiscal impact for Phase 1 of the IGA. Funds are budgeted within the Water Department’s Capital Improvement Project for FY 2025-26.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

COB-Willdan Multi-Phase IGA Agreements with Exhibits_Willdan Signed

JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 of 15 Updated – October 29, 2024
AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT

FOR MULTI-PHASE PROJECT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“AGREEMENT”) is made and entered into on ___________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and WILLDAN ENERGY SOLUTIONS, a California corporation with California state contractor’s license number 1065713 , authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR represents a full-service energy services company with the technical capabilities to provide professional services to CITY, including identifying supply -side and/or demand -side energy conservation measures, project planning, project development, engineering and design , program management, funding facilitation, procurement, construction management, installation, construction, commissioning, training, measurement and verification, and support services; and
WHEREAS, CONTRACTOR was selected through a competitive Request for Qualifications (“RFQ”) process , attached hereto and incorporated herein as Exhibit A – “Request for Qualifications for Design-Build Energy Services for the City of Bakersfield”, to provide Design-Build Energy Services to the CITY including the development, design, funding facilitation, and implementation of energy conservation, energy efficiency, energy generation, and related energy capital improvements (collectively, “SERVICES”), at specified CITY facilities and sites, with the aim to facilitate advancements in areas such as fleet transition, zero emissions infrastructure and EV charging facilities, streetlighting, wastewater energy production/use, solar and battery installations, building HVAC and lighting improvements, and other projects that c ontribute to CITY’s goals (“PROJECTS”); and
WHEREAS, CONTRACTOR has agreed to provide a Preliminary Investment Grade Audit Analysis (“PRELIM”), which is attached hereto and incorporated herein by reference as Exhibit B – “Phase 1 Scope of Work: Preliminary IGA Analysis,” of CITY’s properties, buildings, facilities, sites, and existing infrastructure JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 15 Updated – October 29, 2024
(the “PREMISES”) identified in Exhibit C – “List of Premises,” attached hereto and incorporated herein by reference; and
WHEREAS, following completion of the PRELIM, if the results of the PRELIM are acceptable to the CITY, the parties intend to proceed with CONTRACTOR’s performance of a detailed Investment Grade Audit (“IGA”) and the associated presentation and reports as set forth in Exhibit D – “Phase 2 Scope of Work:

Detailed IGA and Presentation Reports, ” attached hereto and incorporated herein by reference; and
WHEREAS, if the CITY proceeds with the Phase 2 Scope of Work as set forth in this Agreement, CONTRACTOR shall provide CITY with the IGA results in the form of a presentation and corresponding proposals for certain PROJECTS which are designed to meet the energy savings requirements of California Government Code §4217.10 et seq.; and
WHEREAS, The SERVICES for the PREMISES in this AGREEMENT only include potential scopes of work for solar photovoltaic systems, battery energy storage systems, microgrids, and other related work (“PROJECTS”) that contribute to CITY’s goals for the identified PREMISES; and
WHEREAS, if the proposed PROJECTS are acceptable to CITY, subject to approval by the City Council in a duly noticed public meeting in accordance with California Government Code §4217.10 et seq, the Parties hereby intend to enter into one or more Energy Savings Performance Contracts (each an “ESPC”) with CONTRACTOR to design, engineer, procure, construct, install, and commission the proposed PROJECTS , and to provide such other services as necessary to achieve energy and operational savings for the identified PREMISES; and
WHEREAS, the Parties mutually understand and agree that nothing in this Agreement is intended to bind the CITY to proceed with the Phase 2 Scope of Work or future execution of any particular PROJECT or ESPC, nor shall this Agreement be construed as such; and
WHEREAS, CONTRACTOR has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this AGREEMENT and to deliver the SERVICES to the CITY; and
WHEREAS, CITY is authorized under the laws of the State of California to enter into this AGREEMENT for the purposes set forth herein; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 15 Updated – October 29, 2024

1. SCOPE OF WORK. The Parties hereby agree that CONTRACTOR shall provide the SERVICES to CITY in phases, as follows:

Phase 1: Preliminary IGA Analysis
(A) As described in Exhibit B, the CONTRACTOR will perform a city - wide preliminary analysis (the PRELIM) at the PREMISES to identify and evaluate the anticipated cost savings to be generated by proposed energy measures, generation opportunities, and other improvements at the PREMISES. The CITY reserves the right, at its sole discretion, to elect not to move forward with Phase 2 or any subsequent phase of this AGREEMENT.
(B) The Phase 1 PRELIM will commence upon formal Notice -to- Proceed (“NTP”) from the CITY and shall be completed within six (6) months, unless otherwise mutually agreed by the Parties.

Phase 2: Detailed IGA and Presentation Reports
(A) If and to the extent CITY decides to move forward with Phase 2 of the SERVICES as described in Exhibit D , CONTRACTOR will perform an IGA of the PREMISES to further design and develop the scope of work for proposed PROJECTS.
(B) For the IGA, CONTRACTOR will: develop and design proposed PROJECTS scope(s) of work; conduct preconstruction activities; manage competitive subcontractor pricing process; establish a guaranteed maximum price (“GMAX”) for the selected
PROJECTS; finalize cost savings anticipated to be generated by the selected PROJECTS; determine possible grants, incentives, and other funding sources; produce pro forma, cash flow, and financing scenarios; develop preliminary project schedule(s) and implementation planning; provide final presentation reports for CITY consideration; and produce other pertinent information for CITY to make decisions on which PROJECTS to move forward with turnkey implementation. These SERVICES will be included in the CONTRACTOR’s final Phase 2 proposal and presentation for the PROJECTS.
(C) The Phase 2 IGA will commence upon agreement of the PROJECTS to be included and formal Notice-to-Proceed (“NTP”) from the CITY and shall be completed within eight (8) months, unless otherwise mutually agreed by the Parties.

JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 15 Updated – October 29, 2024
(D) As a final presentation of the IGA, CONTRACTOR will propose a GMAX for one or more ESPC s or other design -build contract(s) with CONTRACTOR upon delivery of the completed IGA.

Phase 3: Project Selection and Potential Subsequent Contracting (A) If the CONTRACTOR’s Phase 2 IGA Report and Presentation Proposal—which shall be presented to CITY personnel possessing the requisite technical training and expertise to evaluate the Proposal(s)—is deemed satisfactory by the CITY, and if the CITY determines that the anticipated cost for implementing the PROJECTS described therein is less than the anticipated cost to CITY for thermal, electrical, and other energy, together with the associated oper ational, maintenance, and other costs that would otherwise be consumed in the absence of the PROJECTS, in compliance with California Government Code §§4217.10 through 4217.18, then the CITY intends to enter into one or more ESPCs with the CONTRACTOR for the implementation of the PROJECTS, only if and to the extent such ESPC(s) are approved by CITY’S City Council at a duly noticed public meeting in accordance with applicable law. CITY is under no obligation to execute an ESPC with CONTRACTOR.
(B) As part of the contemplated Phase 3 Project Selection process, CITY may request, and upon request the CONTRACTOR shall provide, a guarantee, based on industry standards for
Measurement and Verification (“M&V”), of the savings
anticipated to be generated by the PROJECTS over the useful life of the improvements. Any such election and engagement shall be memorialized in the ESPC for the applicable PROJECT, subject to final approval by the City Council as set forth above.

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

Phase 1: Preliminary IGA Analysis
(A) Phase 1 Preliminary IGA Analysis: CITY is under no obligation to pay for the PRELIM analysis scope of work and project planning service. The CITY shall be under no obligation to pay for Phase 1, which is hereby designated as NOT TO EXCEED ZERO DOLLARS ($0.00).

JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 of 15 Updated – October 29, 2024
Phase 2: Detailed IGA and Presentation Reports
(A) Phase 2 IGA and Presentation Reports: If and to the extent CITY elects to proceed with Phase 2 herein, CONTRACTOR shall be compensated a total amount not-to-exceed THIRTY-ONE
THOUSAND FOUR HUNDRED TWENTY-EIGHT DOLLARS ($31,428)
(hereafter referred to as the “Backout Fee ,” which shall fully compensate CONTRACTOR for project development, design, planning, and subconsultant costs incurred by CONTRACTOR to complete the IGA services, reports, and PROJECT proposals for the CITY set forth in Exhibit D.
(B) Backout Fee Provisions
1) Notwithstanding the above, t he CITY shall be obligated to pay the Backout Fee ONLY if the CITY elects not to move forward with any of the proposed PROJECTS or
improvements presented in the final IGA contemplated
herein as Phase 3.
2) In the event the CITY chooses to proceed with at least one PROJECT from the IGA under an ESPC or other design-build contract with CONTRACTOR, the CITY shall have no
obligation to pay the Backout Fee described in subsection (A) above.
3) Under no circumstance shall the Backout Fee , or any portion thereof, be billed, credited, or otherwise included in any future project costs, including but not limited to staff hourly rates or other direct or indirect costs, if the CITY elects to move forward with one or more PROJECTS of any
agreement amount.

Phase 3: Project Selection and Potential Subsequent Contracting (A) Project Selection and Approval : If the CONTRACTOR’s Phase 2 IGA Report and Presentation Proposal is deemed satisfactory by the CITY, the CITY, subject to formal approval by the CITY Council at a duly noticed public meeting, intends to proceed with one or more PROJECTS by entering into a subsequent ESPC or design- build contract with the CONTRACTOR. Acceptance of the
proposed GMAX and PROJECT proposal(s) shall be memorialized in a separate agreement, and the CITY shall have no obligation JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 of 15 Updated – October 29, 2024
to proceed with any PROJECT unless expressly agreed to in such subsequent contract. The Parties agree that CITY shall be under no obligation to further compensate CONTRACTOR for Phase 3 under this Agreement, as any such compensation shall be set forth in a future agreement(s).
(B) In the event the CITY does not proceed with any PROJECTS proposed in the Phase 2 IGA, the CITY shall be obligated to pay the Backout Fee as set forth in the Backout Fee provisions of Phase 2 , above . Under no circumstances shall any portion of such IGA fee be incorporated into, or billed as part of, any future project costs, including but not limited to staff hourly rates or other direct or indirect costs if any proposed project is approved in a separate agreement.

3. TERM. Unless terminated sooner, as set forth herein, this AGREEMENT shall terminate on June 30, 2027. This AGREEMENT is renewable for an additional ONE (1) year period upon mutual written agreement between both parties.

CONTRACTOR shall notify C ITY in writing immediately of any delay or anticipated delay in CONTRACTOR’s performance of this AGREEMENT due to causes or circumstances beyond the reasonable control of CONTRACTOR. Notice shall include the reason for and anticipated length of the delay, and the date of performance shall be extended for a period equal to the time lost by reason of the delay. Examples of such possibly excusable delays are natural calamities, strikes and boycotts, war or civil unrest or governmental actions and other events that are commonl y deemed force majeure events.

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

5. COMPLIANCE WITH ALL LAWS . CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all applicable requirements of CITY, 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 re lating to or growing out of this AGREEMENT, all applicable CITY ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

6. INDEPENDENT CONTRACTOR . This AGREEMENT calls for CONTRACTOR’s performance of the SERVICES as an independent contractor.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 of 15 Updated – October 29, 2024
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.

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

8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the SERVICES under this AGREEMENT.

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

10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the SERVICES. All key personnel shall be properly licensed and have the experience to perform the SERVICES called for under this AGREEMENT.

11. GOVERNMENT CODE §1097.6 . In accordance with California Government Code §1097.6(c)(1), CONTRACTOR’s duties and SERVICES under this AGREEMENT shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of th e PROJECTS.

CONTRACTOR’s participation in the plann ing, discussions, or drawing of project plans or specifications for any subsequent or additional contract shall be limited to conceptual, preliminary, or initial plans or specifications.

CONTRACTOR shall cooperate with CITY to ensure that bidders (if CITY elects to utilize a bidding process) for a subsequent contract on any subsequent phase of the PROJECTS have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONTRACTOR pursuant to this AGREEMENT.

12. 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 and perform the SERVICES . If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 of 15 Updated – October 29, 2024

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

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

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

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

16. INSURANCE.

16.1 Types and Limits of Insurance . In addition to any other insurance or security required under this AGREEMENT, CONTRACTOR must procure and maintain, for the duration of this AGREEMENT, the types and limits of insurance below ("Basic Insurance Requirements").

16.1.1 Automobile liability insurance , providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.

16.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 of 15 Updated – October 29, 2024
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

16.1.2.1 Provide contractual liability coverage for the terms of this AGREEMENT;

16.1.2.2 Provide products and completed operations
coverage;

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

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

16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n 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,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

By executing this AGREEMENT, CONTRACTOR is submitting the certification required above.

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

16.2 General Provisions Applying to All Insurance Types.

16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 of 15 Updated – October 29, 2024
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

16.2.2 All policies required of CONTRACTOR 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 CONTRACTOR’s insurance and must not
contribute with it.

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

16.2.4 The insurance required in this section must be maintained until the SERVICES are 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.

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

16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 11 of 15 Updated – October 29, 2024
by the amount of insurance obtained and carried by
CONTRACTOR in connection with this AGREEMENT.

16.2.7 CONTRACTOR shall require each subcontractor to maintain such levels and types of insurance coverage as are
appropriate for the SERVICES to be performed by such
subcontractor.

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

18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all third-party liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, to the extent arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of this AGREEMENT, except to the extent caused by the negligence or misconduct of an indemnified party.

19. LIMITATION ON LIABILITY . The liability of a defaulting party, in connection with this agreement or any analysis, report, recommendations, or other deliverables provided hereunder, will be limited to direct, actual damages.

Neither party shall be liable to the other party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as any increase in operating expense.

20. 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.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 12 of 15 Updated – October 29, 2024

21. 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.

22. 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.

23. CORPORATE AUTHORITY. Each individual signing this AGREEMENT on behalf of entities represent s and warrant s 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

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

30. 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.

31. NON-INTEREST. No CITY officer or employee shall hold any interest in this AGREEMENT (California Government Code section 1090). The parties hereto agree that CONTRACTOR, and any agents and employees of CONTRACTOR, is acting in an independent capacity in the performance of this AGREEMENT, and not as a public official, officer, employee, consultant, or agent of C ITY for purposes of conflict of interest laws or any other applicable law.

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: WILLDAN ENERGY SOLUTIONS
Attention: Micah Chen
2401 East Katella Avenue, Suite 300
Anaheim, CA 92806

33. RESOURCE ALLOCATION. All CITY obligations under the terms of this AGREEMENT are subject to the appropriation and allocation of resources by the City Council. In the event no CITY funds (or other funds), or insufficient CITY funds (or other funds), are appropriated and budgeted for any future fiscal period in which payment will be due to CONTRACTOR under this AGREEMENT, and funds are otherwise unavailable by any means whatsoever in such future fiscal period, then the CITY will, not less than thirty (30) days prior to the beginn ing of such future fiscal period, notify CONTRACTOR in writing of such occurrence, and this AGREEMENT will terminate on the last day of the fiscal period for which appropriations were made, without penalty or expense to the CITY of any kind whatsoever, JROBERTSON\38580.00001\5210533.6
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 14 of 15 Updated – October 29, 2024
except as to the portions of payments herein agreed, for which CITY funds and/or other funds will have been appropriated and budgeted or are otherwise available.

34. OWNERSHIP OF CERTAIN PROPRIETARY PROPERTY RIGHTS . CITY shall not, by virtue of this AGREEMENT, acquire any interest in any Phase 2 IGA Report or any other formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which are or may be used in connection with the IGA. All Phase 2 IGA Reports and other data, reports, proposals, plans, specifications, flow sheets, drawings, and other work products (collectively, the “Instruments of Service”) furnished directly or indirectly, in writing or otherwise, to CITY by CONTRACTOR under this AGREEMENT will remain CONTRACTOR’s property and may be used by CITY only for the Project. CONTRACTOR will be deemed the author and owner of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights.

The Instruments of Service may not be used by CITY for future additions or alterations to the Project or for other projects, without the prior written agreement of CONTRACTOR. Any unauthorized use of the Instruments of Service will be at CITY’s sole risk and without liability to CONTRACTOR. If CITY uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of CONTRACTOR, CITY agrees to waive and release, and indemnify and hold harmless, CONTRACTOR, its subcontractors, and their directors, employees, subcontractors, and agents from any and all claims, losses, and other liabilities associated with or resulting from such use.

35. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number: 14-1951112
CONTRACTOR is a corporation? Yes
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 15 of 15 Updated – October 29, 2024
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the date first written above.
"CITY" “CONTRACTOR”

CITY OF BAKERSFIELD WILLDAN ENERGY SOLUTIONS
By: ___________________________ By: ______________________________ KAREN GOH Name:

Mayor Title:

APPROVED AS TO CONTENT:

WATER DEPARTMENT
By:_______________________________

KRISTINA BUDAK
Water Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney II
Insurance:____________
COUNTERSIGNED:

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A – Request for Qualifications (RFQ) for Design -Build Energy Services for the City of Bakersfield
Exhibit B – Phase 1 Scope of Work: Preliminary IGA Analysis Exhibit C – List of Premises
Exhibit D – Phase 2 Scope of Work: Detailed IGA & Presentation Reports Aaron Etzkorn
President

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000
Updated – October 29, 2024
Exhibit A
Request for Qualifications (RFQ) for Design-Build Energy Services for the City of Bakersfield
1 Request for Qualifications (RFQ)
Professional Contracting Services for
Design-Build Energy Services for the City of Bakersfield Issued: July 31, 2024
Pre-Proposal Meeting: August 6, 2024, at 2:00pm
Due: August 21, 2026, at 5 p.m. Pacific Standard Time
Contact: Apryl Tovar, Public Works Department
(661) 326-3722
[email protected]

2 Request for QualiﬁcaƟons
Design-Build Energy Services Request for QualiﬁcaƟons

Respondents to the Request for QualiﬁcaƟons (RFQ) are speciﬁcally directed not to contact any City personnel other than the contact person indicated above. It is suggested that you send a single email inquiry if there are mulƟple quesƟons concerning the scope of professional services required.

Respondents to the Request for QualiﬁcaƟon (RFQ) are encouraged to aƩend the opƟonal Pre- proposal meeƟng for informaƟon about the Project outlined below.

HOW TO RESPOND TO THIS RFQ:

NOTICE IS HEREBY GIVEN that Request for QualiﬁcaƟon (RFQ) are invited by the City of Bakersﬁeld, California for speciﬁcaƟons to provide DESIGN-BUILD ENERGY SERVICES.

Statement of QualiﬁcaƟons (SOQ) must be delivered to:

City of Bakersﬁeld Purchasing Division, City Hall North 1600 Truxtun Ave., Second Floor
Bakersﬁeld, CA 93301

The SOQ, or Proposals, must be received no later than:

August 21, 2024, at 5:00pm Paciﬁc Standard Time

Each proposal needs to include 3 hard copies and 1 digital copy of your proposal.

All envelopes/shipping boxes are to be clearly marked as follows:

RESPONSE TO REQUEST FOR QUALIFICATIONS

DESIGN-BUILD ENERGY SERVICES

DUE DATE: This proposal is subject to a 21-day response period. ConsideraƟon has been included for mail delivery and holidays in calculaƟng the response date. Proposers are solely responsible for ensuring Ɵmely receipt of proposals and responses received aŌer the Due Date will not be considered.

The postmark date will not consƟtute a Ɵmely delivery.

The proposal must arrive at the address noted above before 5:00 pm on the closing date listed below to be considered for this Project.

Listed below are speciﬁc and esƟmated dates and Ɵmes of acƟons related to this RFQ. The acƟons with speciﬁc dates must be completed as indicated unless otherwise changed. If it becomes necessary to change any of the speciﬁc dates and Ɵmes in the calendar of events listed below, an addendum to the RFQ will be issued.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

3 The City of Bakersﬁeld reserves the right to reject any or all proposals, or porƟon thereof, received in response to the RFQ and to waive technicaliƟes and informaliƟes when such waiver is determined by the City of Bakersﬁeld to be in the City’s best interest.

Proposers should be aware that any records they submit to the City of Bakersﬁeld or that are used by the City of Bakersﬁeld, even if the proposers possess the records, may be public records under the California Public Records Act. The City of Bakersﬁeld must promptly disclose public records upon request unless a statute exempts them from disclosure. Proposers should also be aware if even a porƟon of a record is exempt from disclosure, generally, the rest of the record must be disclosed.

If the proposer believes that porƟons of a proposal consƟtute trade secrets or conﬁdenƟal commercial, ﬁnancial, geological, or geophysical data, then the proposer must so specify by, at a minimum, stamping in bold red leƩers the term "CONFIDENTIAL" on that part of the proposal which the proposer believes to be protected from disclosure. The proposer must submit in wriƟng speciﬁc detailed reasons, including any relevant legal authority, staƟng why the proposer believes the material to be conﬁdenƟal or a trade secret. Vague and general claims as to conﬁdenƟality will not be accepted.

The City of Bakersﬁeld will be the sole judge as to whether a claim is general and/or vague in nature.

All oﬀers and parts of oﬀers that are not marked as conﬁdenƟal may be automaƟcally considered public informaƟon aŌer the contract is awarded. The proposer is hereby put on noƟce that the City of Bakersﬁeld may consider all or parts of the oﬀer public informaƟon under applicable law even though marked conﬁdenƟal.

Important Dates Date
City issues RFQ July 31 st, 2024
OpƟonal Pre-Proposal Conference August 6 th, 2024
SOQ Due August 21 st, 2024
Proposal Ranks are Released September 4 th, 2024
Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

4 I. INTRODUCTION
The City of Bakersﬁeld is inviƟng Statements of QualiﬁcaƟons (SOQ) from qualiﬁed Energy Services Companies (ESCOs) and other qualiﬁed organizaƟons for comprehensive Design-Build services.

Other qualiﬁed organizaƟons are deﬁned as organizaƟons that have completed large-scale projects uƟlizing California Government Code secƟon 4217.10. These services include the implementaƟon of energy conservaƟon, energy eﬃciency, energy generaƟon, and related energy capital improvements, at speciﬁed City faciliƟes. This iniƟaƟve aligns with the City's objecƟves under California Government Code secƟon 4217.10 et seq. and aims to facilitate signiﬁcant advancements in areas such as Fleet TransiƟon & EV Charging FaciliƟes, StreetlighƟng, Wastewater Energy ProducƟon/Use, Solar and BaƩery InstallaƟons, Building HVAC and LighƟng Improvements, and other innovaƟve projects that contribute to the city's goals.

The City of Bakersﬁeld intends to uƟlize the progressive Design-Build process as outlined in California Public Contract Code secƟon 22185 et seq. (Senate Bill 706), without providing upfront capital. Instead, it is anƟcipated that the savings generated from the implemented conservaƟon and eﬃciency measures will ﬁnance the project costs over their useful life. The City of Bakersﬁeld is open to other mechanisms to fund potenƟal projects.

The City of Bakersﬁeld may select more than one company for Design-Build Energy Services. An accepted approach is to have selected PROPOSER(s) engage in an Investment Grade Audit (IGA) and establish a Guaranteed Maximum Price (GMAX) for various proposed projects. However, the City of Bakersﬁeld is open to review of any proposals that meet project goals. If an agreement on the GMAX (or other relevant metric) is reached, the City of Bakersﬁeld may award an agreement to the ESCO or other qualiﬁed proposer to ﬁnalize the design and commence construcƟon. However, if an agreement is not reached or the City of Bakersﬁeld decides not to proceed with the original contract scope, it reserves the right to seek alternaƟve proposals for the remaining work, either from other proposers or through a compeƟƟve proposal process, based on best value.

Selected PROPOSER(s) may engage in a diﬀerent approach to plan, assess, and develop a project scope if an IGA is not necessary. This is dependent on the selected PROPOSER(s) recommended approach to complete a project and complete the overall goals outlined in this RFQ.

Please note when this RFQ refers to an ESCO, it is implied that this term includes other qualiﬁed organizaƟons that conduct energy savings projects. This RFQ also highlights the intended project approach of conducƟng an IGA, idenƟfying a GMAX, and using energy savings to ﬁnance a project.

Please note the City of Bakersﬁeld may allow other forms of assessing, planning, and ﬁnancing a project that ulƟmately leads to a design-build project the yields the City of Bakersﬁeld energy savings, fuel savings, operaƟonal savings, or staﬀ Ɵme.

Proposals must adhere to both general and special requirements as sƟpulated in this Request for QualiﬁcaƟons (RFQ). The City's Public Works department will oversee the solicitaƟon process, seeking innovaƟve and eﬀecƟve proposals from ESCOs and other qualiﬁed organizaƟons capable of providing the listed Design-Build Energy Services. This iniƟaƟve underscores the City of Bakersﬁeld's commitment to enhancing the quality and eﬃciency of its public faciliƟes and services.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

5 II. BACKGROUND
Located in the southern end of California's Central Valley, Bakersﬁeld is a Charter City operaƟng under the council-manager form of government. The City of Bakersﬁeld has a robust workforce of approximately 2,000 employees and manages annual expenditures of around $788 million.

Bakersﬁeld is roughly 110 miles northeast of Los Angeles, making it a signiﬁcant hub for agriculture, energy producƟon, and distribuƟon in the region. With a growing and diverse populaƟon of approximately 400,000, Bakersﬁeld oﬀers a mix of suburban and semirural living across its 151 square miles of incorporated territory.

The City of Bakersﬁeld currently expends a substanƟal porƟon of its budget on uƟlity costs. As such, the City of Bakersﬁeld is seeking the services of a qualiﬁed ESCO or other qualiﬁed organizaƟon to provide comprehensive Design-Build and related services for implemenƟng energy-related improvements and usage reducƟon measures under the authority of California Government Code secƟon 4217.10 et seq. (SecƟon 4217.10). The speciﬁc City faciliƟes and the scope of the Project being considered are detailed in SecƟon III of this RFQ, with the City aiming to implement the Project (or porƟons of it) in order to reduce energy costs of City faciliƟes, applying the annual guaranteed cost savings to ﬁnance the Projects and create long term savings. While using guaranteed cost savings is desirable by the City, the City may use other mechanisms to fund projects at its discreƟon.

The selected organizaƟons will be expected to conduct a thorough assessment of the City’s faciliƟes and exisƟng infrastructure to idenƟfy and evaluate the expected cost savings generated by the energy measures or improvements. Following this, the organizaƟon will deﬁne the scope of work, total cost, and guaranteed savings generated by the proposed Project. Design and preconstrucƟon acƟviƟes will commence to establish a GMAX for the project which could be ﬁnanced or paid for enƟrely by cost savings generated by the Project. If the City of Bakersﬁeld and ESCO reach an agreement as to the GMAX, the City may authorize the PROPOSER to complete the remaining design and proceed with the construcƟon of the Project. ConstrucƟon will be condiƟonal upon the City obtaining and approving funding for the Project as described in SecƟon 4217.10. Following compleƟon of the Project, PROPOSER will be expected to guarantee the savings generated by the Project over the useful life of the improvements.

As provided in Public Contract Code secƟon 22185 et seq., if the City and the selected PROPOSER are unable to reach an agreement on the GMAX, or if the City elects not to authorize the PROPOSER to complete design and construcƟon work for the Project, the City may solicit proposals to complete the Project from other Responding ParƟes to this RFQ. AlternaƟvely, the City also may formally solicit proposals from other enƟƟes and award a contract on a best-value basis, subject to the City making a wriƩen determinaƟon that it is in its best interests to do so. These Project delivery opƟons should be considered and built into PROPOSER’s project delivery and cost assumpƟons. The Project (or porƟons thereof) may be subject to individual negoƟaƟons for price and scope. The City is seeking the experƟse and input from PROPOSER on approaches to achieve reducƟons in energy expenses at the designated faciliƟes and accordingly are invited to provide suggesƟons and recommendaƟons to the City on the feasibility, structure, and preliminary ﬁndings to achieve those savings.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

6 III. SCOPE OF WORK
The City of Bakersﬁeld is inviƟng proposals from qualiﬁed ESCOs, or other qualiﬁed ﬁrms, to provide comprehensive Design-Build services for the implementaƟon of energy and water eﬃciency projects within City faciliƟes. This project has two phases: Phase 1 is an Investment Grade Audit (or plan and assessment) agreement, and Phase 2 is a separate design-build contract. PROPOSERS are encouraged to propose energy-saving projects, with a preference for EV infrastructure implementaƟon, street lighƟng, and other city faciliƟes. If the City approves Contractor’s proposals and chooses to move forward with them, a subsequent design-build contract may be established.

This RFQ is structured to uƟlize guaranteed savings from improved uƟlity conservaƟon measures and cost reducƟon strategies to fund infrastructure improvements, under the framework of California Government Code secƟons 4217.10-4217.18.

A. Project Sites
a. 14 Fire StaƟons
b. All Police FaciliƟes including BPD Property Room
c. City Hall North
d. City Hall South / Public Works Annex
e. CorporaƟon Yard Building A, B, C, D, and Break Room
f. Streetlights without LED upgrades
g. Sewer and Storm LiŌ StaƟons
h. Wastewater Treatment Plant No. 2
i. Wastewater Treatment Plant No. 3
j. Mt. Vernon Organics Recovery Facility
k. Mechanics Bank Arena and ConvenƟon Center
l. Valley Children's Ice Center
m. Development Services Building
n. Water Resources AdministraƟon Building
o. Water Wells and Water Pumps
B. PotenƟal Projects
a. Citywide Facility Assessment of all other faciliƟes: Comprehensive assessment of all city faciliƟes to idenƟfy potenƟal energy and renewable energy opportuniƟes. b. Speciﬁc Site Upgrades: Focus on energy eﬃciencies and operaƟonal savings at key city- owned sites including the City CorporaƟon Yard, City Hall North/South/Annex, Police Department, Wastewater Treatment Plants, Water Resources faciliƟes, and R Street Community Center, and Other City Run FaciliƟes.
c. Projects include interior and exterior LED lighƟng upgrades, streetlight upgrades, HVAC replacements and controls, solar PV and baƩery installaƟons, and EV charging staƟons. d. Energy ConservaƟon Measures: ImplementaƟon of measures such as HVAC opƟmizaƟon, lighƟng retroﬁts, solar PV and baƩery installaƟon, and building automaƟon system upgrades. e. Renewable Energy InstallaƟons: Including solar PV systems and potenƟally other renewable sources based on-site assessments.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

7 C. Project Goals
The selected PROPOSER will develop, design, and build turnkey projects that incorporate the following elements:
a. Funding (including but not limited to): Provided through a guaranteed reducƟon in uƟlity costs, procurement of uƟlity incenƟves, tax credits/incenƟves, and/or federal and state energy grants. AssumpƟons for ongoing costs will include maintenance, repairs, and replacement post-compleƟon throughout its useful life.
b. Energy Eﬃciency: ReducƟon in overall energy consumpƟon and peak energy demands. c. OperaƟonal Savings: Signiﬁcant reducƟon in maintenance and other operaƟonal costs to the City. System Upgrades: Upgrades, retroﬁts, or replacements of obsolete and/or ineﬃcient systems.
d. Technological IntegraƟon: UƟlizaƟon of modern technology to achieve opƟmum performance and savings.
e. Employee Training: Oﬀer training to employees on maintenance and repair of the newly installed equipment and systems.
f. Public and Environmental Beneﬁts: Enhances public infrastructure and promotes environmental stewardship
g. Risk Management: Projects will pose minimal ﬁnancial and technical risks to the City.

D. Scope of Services
Disclaimer of scope of services: The City of Bakersﬁeld is interested in a wide range of potenƟal methodologies for addressing project goals. While the below scope of services is accepted, the City is open to any potenƟal methodologies proposed. As menƟoned above, ESCOs and all other relevant organizaƟons shall be considered for their approach to addressing project goals. a. Energy Assessment:

I. Conduct comprehensive energy assessments of the Project Sites to idenƟfy viable energy measures.

II. Develop and present lists of potenƟal energy-saving opportuniƟes.

III. Perform detailed energy savings calculaƟons, esƟmate retroﬁt costs, and calculate expected paybacks.

IV. Prepare comprehensive reports summarizing the assessment results and provide recommendaƟons based on these ﬁndings.

V. Oﬀer "open book" models for energy and cost savings to facilitate City review and validaƟon.
b. Preliminary Design and Guaranteed Maximum Price Development:

I. Develop a project delivery approach and a Guaranteed Maximum Price (GMP) for projects, which will be ﬁnanced through generated savings.

II. Coordinate closely with City staﬀ during the design phase to ensure compaƟbility and integraƟon with exisƟng faciliƟes.

III. Include lifecycle cost analyses, Ɵmetables for compleƟon, and speciﬁc ﬁnancing arrangements in the designs.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

8 c. Project Financing:

I. The City anƟcipates ﬁnancing the Project through a combinaƟon of facility ground leases and facility ﬁnancing contracts, as outlined in California Government Code secƟon 4217.10 et seq. Firms are encouraged to propose innovaƟve ﬁnancing soluƟons that leverage guaranteed savings to minimize upfront costs and maximize long-term beneﬁts
IV. GENERAL REQUIREMENTS
A. Permits and Licenses: The successful Contractors and its employees or agents shall secure and maintain in force such licenses and permits, as required by law, including a City of Bakersfield business license.

B. Minimum Requirements: Proposals will only be considered from Responding Party that submit a timely and complete response that meets the following minimum prerequisites:
a. Accreditation: Accredited by the National Association of Energy Services Companies (NAESCO) and is included on the U.S, Department of Energy’s (DOE) Qualified List of Energy Service Companies.
i. Other qualiﬁed organizaƟons are deﬁned as organizaƟons that have completed large-scale projects uƟlizing California Government Code secƟon 4217.10. b. Project History: Successfully implemented at least five (5) energy performance contracts for public sector clients in the last five (5) years. c. Licensing: Hold an active Class A – General Engineering and a Class B – General Building Contractor’s licenses in California.
d. Bonding Statement & Capacity: In a separate attachment, include a statement of the firm’s bonding capacity from a Surety Company (A- or better for the prior four quarters) along with the proposer’s submittal. Proof of bonding capacity of the Contractor is required.
e. Business License: The selected Contractor will be required to be licensed in accordance with City of Bakersfield Ordinance.
f. No Bankruptcies: Have not filed for bankruptcy under any business name over the past five (5) years.

C. Optional Proposers Meeting: An optional pre-proposal meeting and walk-through will be held on Thursday, 08/06/24 at 3:00 p.m. at Bakersfield City Hall Annex, Basement Conference Room, 1501 Truxtun Ave, Bakersfield, CA. for Energy Conservation & Performance Contracting service providers. The purpose of this meeting will also be to clarify the contents of this RFQ in order to prevent any misunderstandings. Any clarifications provided will be in writing through an Addendum to his RFQ.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

9 Any doubt as to the requirements of this RFQ, or any apparent omission or discrepancy, may be presented to the City at this meeting and must also be submitted in writing via “Q & A” through the City’s Electronic Bidding System PlanetBids Vendor Portal before the question submittal deadline.

Should any omissions or discrepancies be identified, the City will determine the appropriate action necessary, if any, and may issue a written amendment to the RFQ after the pre-proposal conference. Oral statements or instructions will not constitute an amendment to this RFQ.

Attendance at the pre- proposal meeting is optional but encouraged.

Responding Parties should allow approximately 1-3 hours for the pre-proposal meeting and walk-through. Responding Party should be familiar with this RFQ and the Scope of Work prior to attending the pre-proposal meeting and walk-through.

V. PROPOSAL CONTENTS
A. Proposal Submission Guidelines
I. Presentation: Proposals shall be typed, no more than 25 pages. Charts and schedules may also be included but no more than 15 pages in total. The Proposal should not include any unnecessary elaborate or promoƟonal material. Lengthy narraƟve is discouraged.

II. Introduction: A summary statement that demonstrates the Responding Party has a clear understanding of the City’s objecƟves and how it expects to address them. Acknowledge your firm will sign the City’s Standard Professional Services Agreement (aƩached). Contractors must have the required insurance limits.

III. Company Profile: The Responding Party shall provide a general descripƟon of the ﬁrm, including a brief history and summary of its experience in providing similar services as those requested in the RFQ in relaƟon to our facility characterisƟcs and project objecƟves.

IV. Ownership & Corporate Information: If the Responding Party is a privately held corporaƟon, limited liability company, partnership, or joint venture, provide a lisƟng of all of the enƟty's shareholders, partners, or members known at the Ɵme of the proposal submission will perform work on the project. If the Responding Party is a corporaƟon limited liability company, partnership, joint venture, or other legal enƟty, provide a copy of the organizaƟonal documents or agreement commiƫng to form the organizaƟon.

V. Management and Staffing: List the roles, responsibiliƟes and hourly pay rates of the individuals who will be directly involved with the project, including the Project Manager, that will be the primary contact with City staﬀ and any subcontractors, and provide their individual resumes.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

10 VI. Prior Related Experience and Competence: The successful Contractor shall be skilled and regularly engaged in the general class or type of work called for by this Request for QualiﬁcaƟons and also have no less than ﬁve (5) years of experience in the magnitude and character of the work proposed. It is the intenƟon of the City to award a contract to a Responding Party who furnishes the saƟsfactory evidence that they have the requisite experience, ability, suﬃcient capital, and faciliƟes to enable them to perform the work successfully and properly, and to complete it within the Ɵme speciﬁed. To determine the degree of responsibility to be credited to the Responding Party, the City will weigh any evidence that the Responding Party has performed saƟsfactorily on other contracts of like nature, magnitude, and comparable diﬃculty. The City will only consider submiƩals from ESCOs, or other qualiﬁed ﬁrms, whose proposed team can demonstrate the following background and capabiliƟes:

1) A long term, well established Contractor in the State of California; 2) Implementation of comprehensive energy conservation measure on public works projects such as Water/Waste Water Districts, County, and Municipal facilities;
3) Experience in procuring utility company incentives;
4) Planning of a minimum of five (5) projects for energy savings performance contracting in the past five (5) years;
5) Ability to provide a team of California licensed mechanical, electrical, structural, and civil engineers as may be necessary; 6) Demonstrated experience in the design and installaƟon of photovoltaic systems at Municipal faciliƟes to reduce energy consumpƟon;
7) Demonstrated experience in integraƟng new photovoltaic systems to work with exisƟng monitoring systems at Municipal faciliƟes;
8) Familiarity with recent CPUC rulings regarding California’s Net Energy Metering (NEM) program and have resources to provide the proper assessment and application submittal before deadlines. 9) Contractually commit that the team deﬁned in the
qualiﬁcaƟon statement will perform the services should it be chosen.
10) Financial capacity of the ﬁrm including the disclosure of any bankruptcies, pending liƟgaƟon, mergers, or oﬃce closures which might impede Proposer’s ability to complete the
contract.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

11 11) Describe your firm’s capabilities, experience, and approach to preparing energy assessments and implementing projects for similar agencies. Included shall be a description of at least five (5) design-build energy projects of similar or greater complexity that your firm has completed within the past five (5) years. Include the following information:
i. Project description (include types of energy and other conservation measures) and
ii. Project size (total implementation cost)

Responding Parties must provide a list of representative projects of similar scope and nature performed within the last five (5) years, particularly projects for other local government agencies. Projects should include both Guaranteed and Shared Savings contracts if available. Include a contact person for each representative project listed. Responding Parties must also provide a minimum of three (3) references of cities that have received or currently are receiving similar services. The references must include a contact person’s name, title, contact information, and brief description of final project executed. In the event of discovery of falsified references, such revelation shall constitute sufficient cause for the termination of consideration for engagement under this agreement. Any misrepresentation of references shall constitute grounds for disqualification from this agreement.

Note: The City is interested in benefitting from an unbiased, value-based program to address its needs through a vendor-neutral ESCO (or other qualified contractor). Therefore a Responding Party must also demonstrate its willingness and past experience in providing projects that deploy solutions which incorporate equipment, controls and related products and services independent of its own specific business portfolio.

VII. Execution Proposal: The plan represents the Responding Party’s offer of services to the City. The proposed execution proposal must include a detailed work plan describing how the Responding Party will meet the project objective in the most cost-efficient and timely manner. The plan is to provide a detailed explanation of the Proposer’s approach in performing the services described in the RFQ Scope of Work section outlined above.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

12 Include a project schedule showing start and completion dates for the specific tasks, including milestone dates and processing time for review by the City. The schedule will also outline how the Responding Party will address the projects discussed in the scope of work, and how the Responding Party will ensure that the projects are expedited to prevent failure of the current infrastructure. Proposals must address all projects outlined in the scope of work. If a proposer is unable to submit a proposal for a specific element, they must notify the City and explain the reasons for this omission.

VIII. LiƟgaƟon Disclosure: Describe any involvement as a party in any formal liƟgaƟon, arbitraƟon or mediaƟon associated with savings performance on an energy savings contract or speciﬁcally related to an Investment Grade Audit (IGA) agreement in the last ﬁve years under any previous or current ﬁrm names, along with a descripƟon of the nature and outcome of such liƟgaƟon.

IX. Financial Stability: Responding Party will provide proof of ﬁnancial stability including income statements, balance sheets, and statements of changes for the three (3) most recently completed ﬁscal years. If audited ﬁnancial statements are not available, provide evidence of the level of third party review of the ﬁnancial statements. Responding Party shall also provide documentaƟon regarding levels of ﬁnancing available from a ﬁnancial insƟtuƟon.

X. References: Responding Party shall provide three references including name, Ɵtle, contact informaƟon, and detailing the nature of the project conducted, projects above $1,000,000 are preferred.

XI. Bonding and Insurance: Responding ParƟes shall provide evidence that it has the capacity to obtain all payment and performance bonding, liability insurance, and errors and omissions insurance that are required to perform the Services and complete the Project. See more informaƟon on exact insurance documents required under addiƟonal provisions.

XII. Subcontractor LisƟng: Responding Party shall list all subcontractors and material suppliers intended to be used to perform or carry out the Project if awarded by the City, together with a descripƟon of the scope of work or materials to be provided by each.

XIII. Worker’s CompensaƟon & Safety: Responding Party shall provide informaƟon concerning workers' compensaƟon experience history and a worker safety program.

XIV. Signature: Proposers shall sign and complete the aƩached signature page.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

13 XV. Safety Record: Responding Party shall demonstrate an acceptable safety record, with a proposer’s safety record being deemed acceptable if its experience modiﬁcaƟon rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three- year period does not exceed the applicable staƟsƟcal standards for its business category.

XVI. CompensaƟon/Fee Schedule: All proposals shall include a detailed breakdown of the compensaƟon proposed for compleƟng the assessment if PROPOSER is iniƟally selected, and the city chooses not to move forward with proposed projects or the iniƟally selected organizaƟon following compleƟon of the IGA.

XVII. VeriﬁcaƟon of Proposal: All informaƟon included in a Proposal shall be cerƟﬁed under penalty of perjury by the Proposer and its general partners or joint venture members.

VI. SELECTION CRITERIA AND FACTORS
The City’s selecƟon of a contractor for this Project will be on the basis of demonstrated competence and professional qualiﬁcaƟons necessary for the saƟsfactory performance of the services required. The City reserves the right to waive any technical errors, irregulariƟes, or discrepancies, to do so is deemed to serve the best interests of the City. No contract will be awarded unƟl all necessary invesƟgaƟons have been completed regarding the responsibility and qualiﬁcaƟons of the ﬁrm or individual.

The Statement of QualiﬁcaƟons will be reviewed and evaluated by City staﬀ based on the informaƟon provided in the proposal. SelecƟon will be made on a “best qualiﬁed” basis.

Criteria for selecƟon will include, but not be limited to, overall qualiﬁcaƟons of ﬁrm; prior experience and successful compleƟon of similar projects; technical ability; methodology and stated approach to the project; individual qualiﬁcaƟons of project manager, other key staﬀ members and sub-consultants; capacity of ﬁrm to complete project per City’s Ɵmeline; references; and overall organizaƟon and quality of the proposals.

Those ﬁrms found to be among the most qualiﬁed may be invited to an interview. Based upon review of the proposals and the interview process, the City will noƟfy the most qualiﬁed ﬁrm for agreement negoƟaƟons. If negoƟaƟons are not successful, the next most qualiﬁed ﬁrm may be noƟﬁed for negoƟaƟons. Final approval and budgetary authorizaƟon will be by the City Council. Given the nature of the services, the City reserves the right to uƟlize its discreƟon in awarding the project.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

14 All proposals received by the speciﬁed deadline, will undergo a comprehensive review and assessment based on ﬁve disƟnct criteria, resulƟng in a maximum score of 100 points:
 Approach to Process (35pts)
 Past Project Experience (20pts)
 References (10pts)
 Staﬀ and Team QualiﬁcaƟons (25pts)
 Overall Quality of SOQ (10pts)
VII. SELECTION PROCESS
All proposals received by the speciﬁed deadline will be reviewed by the City for content, fee schedule, staﬃng, the proposed work program, and the phasing of tasks as well as overall compliance with this RFQ.

Informal interviews may be conducted as part of the ﬁnal selecƟon process. The proposer or proposers selected by the City will be recommended to the City Council, but the Council is not bound to accept the recommendaƟon or award the work to the recommended proposer.

The City reserves the right to reject any and all proposals and to waive informaliƟes and minor irregulariƟes in any proposal received. The City reserves the right to select the proposal or proposals which, in its sole judgment, best meet the needs of the City. Pursuant to Government Code SecƟon 37103, contracƟng with a proposer that is highly and technically skilled in their profession may properly be made by a municipality without compeƟƟve bidding. Therefore, the selecƟon shall be made on the basis of demonstrated competence and on the professional qualiﬁcaƟons of the applicants that can be performed at a fair and reasonable price to the City.

VIII. ADDITIONAL PROVISIONS
The City may request the Contractor to perform addiƟonal professional services that are not listed in the RFQ. At the direcƟon of the City and subsequent to wriƩen authorizaƟon, Contractor agrees to render other services which shall include mutually agreed upon terms and condiƟons, including payment provisions. If the need for addiƟonal services is caused by error, omission, or negligence by the selected organizaƟon or persons employed by the selected organizaƟon, or is required by this request for quotes/rates, the Contractor shall render the directed addiƟonal services without addiƟonal charge or cost to the City.

IX. SOLICITATION CAVEAT
The applicant understands and agrees the City of Bakersﬁeld shall have no ﬁnancial responsibility for any costs incurred by the selected organizaƟon in responding to this RFQ and shall not be liable to any proposer for costs aƩributed to the design of the project unƟl the proposer has executed a contract with the City of Bakersﬁeld and been authorized in wriƟng to proceed. The City of Bakersﬁeld reserves the right to terminate this RFQ aŌer three- day noƟce to all prospecƟve proposers.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

15 The submission of a proposal shall be conclusive evidence that the organizaƟon has invesƟgated and saƟsﬁed themselves as to the condiƟons to be encountered, the character, quality, and scope of work to be performed, and the requirements of the City of Bakersﬁeld.

X. PAYMENT FOR SERVICES
Payment for compleƟon of Scope of Work (see SecƟon III) shall be subject to approval by City Staﬀ and will not be paid prior to the compleƟon of any requested revisions.

XI. TIME
Time is of the essence and will be monitored as to all work to be performed by the selected provider.

XII. INDEMNIFICATION AND INSURANCE
To the fullest extent permiƩed by law, the successful submiƩer shall hold harmless, defend at its own expense, and indemnify the City of Bakersﬁeld, its Mayor, Council, oﬃcers, representaƟves, agents, employees and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable aƩorney’s fees, arising from all acts or omissions to act of contractor or its oﬃcers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Bakersﬁeld’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and disƟnct obligaƟons. The indemniﬁcaƟon obligaƟons of this secƟon shall survive the terminaƟon of this agreement.

The selected Contractor(s) will be required to obtain and maintain insurance as a condiƟon of the award of this agreement, and the Contractor’s proposal shall state that the Contractor shall obtain the following in accordance with the terms of the agreement:

1. Professional liability insurance, providing coverage on an occurrence basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) per occurrence.

2. 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.

3. Broad form commercial general 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

4. Workers' compensaƟon insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.

Except for professional liability, the liability policies shall contain an addiƟonal insured endorsement in favor of The City of Bakersﬁeld, its mayor, council, oﬃcers, agents, employees, and volunteers.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

16 The workers' compensaƟon policy shall contain a waiver of subrogaƟon endorsement in favor of the City of Bakersﬁeld, its mayor, council, oﬃcers, agents, employees, and volunteers.

Insurance is to be placed with insurers with a Bests' raƟng of no less than A: VII. This requirement may be waived at the City of Bakersﬁeld's sole discreƟon.

Except for professional liability, all policies required of the Contractor hereunder shall be primary insurance as respects the City of Bakersﬁeld, its mayor, council, oﬃcers, agents, employees and volunteers and any insurance or self-insurance maintained by the City of Bakersﬁeld, its mayor, council, oﬃcers, agents, employees, and volunteers shall be excess of the Provider's insurance and shall not contribute with it.

The automobile liability policies shall provide coverage for owned, non-owned and hired autos. The liability policies shall provide contractual liability coverage for the terms of this Agreement.

All policies shall contain an endorsement providing the City of Bakersﬁeld with thirty (30) days' wriƩen noƟce of cancellaƟon or material change in policy language or terms. All policies shall provide that there shall be conƟnuing liability thereon, notwithstanding any recovery on any policy.

The insurance required under this Agreement shall be maintained unƟl all work required to be performed under the terms of this Agreement is completed to the City of Bakersﬁeld's saƟsfacƟon. The Contractor shall furnish the City of Bakersﬁeld Risk Manager with a cerƟﬁcate of insurance and, if requested, copies of endorsement or all insurance policies evidencing the insurance required under this Agreement.

Any deducƟbles, self-insured retenƟons or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this agreement of Contractor, must be declared to, and approved by the City of Bakersﬁeld.

However, unless otherwise approved by the City of Bakersﬁeld, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if the City of Bakersﬁeld has approved lesser insurance requirements for Provider. Provider shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph.

All costs of insurance required under this Agreement shall be included in the Provider's bid, and no addiƟonal allowance will be made for addiƟonal costs which may be required by extension of the insurance policies. If provider fails to maintain adequate insurance coverage as required by the terms of the agreement, then the City of Bakersﬁeld shall have the right to terminate the provider's contract.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

17 XIII. BUSINESS ADDRESS
Proposers shall furnish the City of Bakersﬁeld with their business street address. Any communicaƟons directed either to the address so given or to the address listed on the sealed proposal container and deposited in the U.S. Postal Service by cerƟﬁed mail shall consƟtute a legal service thereof upon the proposer.

XIV. ADDENDA
Addenda issued by the City of Bakersﬁeld interpreƟng or changing any of the items in this RFQ, including all modiﬁcaƟons thereof, shall be incorporated in the proposal. The proposer shall sign and date the Addenda Cover Sheet and submit them with their proposal.

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld

18 XV. REFERENCE FORM
Please provide at least three (3) to ﬁve (5) references for past companies that include services similar to those proposed for this RFQ. Please use the following format in submiƫng references.

REFERENCE

Name of Client:

Project Manager/Contact: Title:

Phone: Email:

Summary of Services:

Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld 19 XVI. SIGNATURE PAGE
The undersigned proposer having examined this RFQ and having full knowledge of the condi Ɵon under which the work described herein must be performed, hereby proposes the proposer will fulﬁll the obliga Ɵons contained herein in accordance with all instruc Ɵons, terms, condi Ɵons, and speciﬁcaƟons set f orth; and the proposer will furnish all required products/services and pay all incidental costs in strict conformity with these documents, for the stated prices as proposed.

Submiƫng Firm: ____________________________________________________ Address: __________________________________________________________ City: ___________________________State: _______________ Zip: ___________ I hereby cerƟfy that I am legally authorized to sign on behalf of the Firm idenƟﬁed above.

Authorized RepresentaƟve (print): _______________________ Title: ___________________ Authorized Signature: ________________________________ Date: ___________________

THIS FORM MUST BE SIGNED TO BE CONSIDERED VALID
Contact InformaƟon:

Name: ______________________________________________________________ Title: _______________________________________________________________ Address: ____________________________________________________________ City: _______________________ State: _______________ Zip: _______________ Email: _______________________________ Phone: ____________________________ Cell Phone: ___________________________ Fax: _________________________

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AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $40,000]

This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.

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

1. SCOPE OF WORK . In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

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

(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or

(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.

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CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR . In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.

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

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

5. 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.

6. INDEPENDENT CONTRACTOR . This Agreement calls for CONTRACTOR’s performance of the Scope of Work 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.

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

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

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

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10. KEY PERSONNEL . CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work . All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR 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, CONTRACTOR shall not change such personnel without CITY’s written approval.

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

12. LICENSES. 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 and perform the Scope of Work . If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.

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

14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

16. INSURANCE.

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

16.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
injury, with limits of not less than $1,000,000 per
occurrence. The policy must:

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

16.1.2.2 Provide products and completed operations
coverage;

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

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

16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. I n accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation
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to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR 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, CONTRACTOR is submitting
the certification required above.

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

16.2 General Provisions Applying to All Insurance Types.

16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

16.2.2 All policies required of CONTRACTOR 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 CONTRACTOR’s
insurance and must not contribute with it.

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

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

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

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

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

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

18. INDEMNITY. CONTRACTOR 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

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them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or 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.

19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

20. ACCOUNTING RECORDS . 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 made available to CITY representatives upon request at any time during regular business hours.

21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

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

23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this

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Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

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

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

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

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

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

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

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CONTRACTOR: ____________________________

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

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

34. TAX NUMBERS.

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

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

"CITY" “CONTRACTOR”

CITY OF BAKERSFIELD

By:________________________________ By:_________________________________

KAREN GOH
Mayor Print Name:

Title:

[Signatures on Following Page]

DO NOT HAVE STAND ALONE SIGNATURE PAGE
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APPROVED AS TO CONTENT:

CITY DEPARTMENT NAME
By:_______________________________

DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:

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

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
Design-Build Energy Services Request for QualiﬁcaƟons, City of Bakersﬁeld 20 “I have received and reviewed the sample INDEPENDENT CONTRACTOR’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our ﬁrm’s acceptance of said contract if our ﬁrm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the CompensaƟon and Time for CompleƟon clauses will be modiﬁed to contain the amounts and dates established for this contract.”
Signature: _________________________________________ Date: ___________ Addendum No. _1

BAKERSFIELD
Tl-£ SOUND OF~~

PUBLIC WORKS DEPARTMENT

ADDENDUM TO REQUEST FOR PROPOSAL DOCUMENTS

Page 1 of 1 ends

Project: DESIGN-BUILD ENERGY SERVICES FOR THE CITY OF BAKERSFIELD Bid Due Date: August 21st, 2024
Time: 5:00 pm
Anticipated Contract Award Date: September 4th , 2024
Today's Date: August sth, 2024

NOTICE TO ALL CONTRACTORS SUBMITTING ON THIS WORK
You are hereby notified of the following changes and/or additions to the above-referenced project . Such changes and/or additions are hereby made a part of the Plans and Specifications and shall take precedence over anything to the contrary therein.

CLARIFICATION/ NOTICE

1. Pre-SOQ In Person Meeting Information : August 6, 2024, at 3:00pm. a. Public Works Department: 1501 Truxtun Ave, Bakersfield, CA 93301 b. Guest Parking is available at the lot facing Eye Street. c. Meeting Room subject to change: 1st Floor Conference Room.

2. Pre-SOQ Teams Meeting Information: August 6, 2024, at 3:00pm. a. https:/ /teams.microsoft .com/l/meetup-
join/19%3ameeting _ Yzdh Y zM5MDUtNTY2MC00ZWJiL WizOWMtMDBhZDAxZmJiMmJm%40th read.v2/0?context=% 7b%22Tid%22%3a%22b87e I 989-b8ec-4257-985c- 6fddc250 la59%22%2c%22Oid%22%3a%222ecfa6d5-0009-40a7-b481-e4249 2e4b324%22% 7d b. Meeting ID: 286 507 091 950
c. Passcode: knorCM
NOTE: All contractors bidding this work shall denote in their proposal that they have received ADDENDUM NO. 1 ._Bidders who do not shall be listed as nonresponsive .

Olimpia Fredric
Purchasing O cer

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Exhibit B
Phase 1 Scope of Work – Preliminary IGA Analysis

1.1. PRELIM OBJECTIVES:

The purpose for the Preliminary Analysis is to perform initial energy and engineering analysis services to explore opportunities at the defined PREMISES to determine cost savings and energy generation potential and alignment with delivering on CITY’S goals for its facilities and infrastructure.

1.2. SERVICES TO BE PROVIDED BY CONTRACTOR:

The analysis and preliminary development services will determine the scope of improvements, energy and maintenance savings potential, rough order of magnitude (ROM) cost estimates, funding sources, and other pertinent PROJECT information to inform the CITY on the overall potential of PROJECTS at the PREMISES.

The SERVICES for this AGREEMENT only include exploration of PROJECTS for solar photovoltaic systems, battery energy storage systems, microgrids, other distributed energy resource opportunities, and associated scopes that support these identified PROJECTS and contribute to CITY’s goals for the PREMISES.

SERVICES included in the PRELIM:

1.2.1. Utility and other data gathering.

1.2.2. Site walks.

1.2.3. Interviews with departments and relevant staff.

1.2.4. Energy analysis and helioscope modeling.

1.2.5. Net metering and energy generation analysis.

1.2.6. Grants and incentives exploration.

1.2.7. Funding sources and financing options investigation.

1.2.8. Identify preliminary scope of work for selected facility and infrastructure upgrades.

1.2.9. Projected energy and maintenance savings potential for each facility and infrastructure upgrade.

1.2.10. Financial assessment.

1.2.11. ROM cost estimates for implementation.

1.2.12. Financing and cash flow scenarios.

1.2.13. Funding options.

1.2.14. Report(s) and presentation materials agreed upon with CITY.

1.2.15. Meetings with CITY key personnel to review the analysis as well as departmental as required by the CITY.

1.2.16. Collaborative refinement of the proposed PROJECTS to prepare to move forward with one or multiple IGA
agreements.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 2 Updated – October 29, 2024

1.3. RESPONSIBILITY OF THE CITY:

CITY agrees to provide:

1.3.1. As-built drawings for the existing buildings including mechanical, electrical, plumbing, structural, and architectural drawings;

1.3.2. Scale floor plans, if available.

1.3.3. Utility data and/or bills for electric, gas and water for at least the last 3 years;

1.3.4. Operations and Maintenance manuals;

1.3.5. Service and repair expenditures for relevant systems;

1.3.6. Information on existing service contracts and preferred service contractors;

1.3.7. Access to PREMISES for auditing and inspections;

1.3.8 All necessary data gathering for CONTRACTOR to be able to complete the scopes of work and other agreed
upon requirements;

1.3.9. Access to key personnel to discuss facility priorities, system requirements and financial information;

1.3.10. Access to key personnel to conduct progress and directional meetings, financial planning meetings,
implementation planning meetings, presentation of
PROJECTS, and all other necessary meetings as part of
the multi-phase PROJECT development, funding, review,
and approval process.

1.3.11. Any other relevant data or information that may arise through the normal PRELIM development process that is
agreed to be shared by the CITY.

1.4 EXCLUSIONS
Energy efficiency measures and other facility improvements specific to the Water Resources Office B uilding, located on the PREMISES of this AGREEMENT, will be conducted under another contract with the CITY and not included as part of this AGREEMENT.

In addition, zero emissions infrastructure, electric vehicle charging stations and electric vehicle fleet conversion PROJECTS will be conducted under a separate agreement for the identified PREMISES and not included as part of this AGREEMENT.

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Exhibit C
List of Premises
Following is the CITY PREMISES identified for this AGREEMENT to be included in Exhibit B – Phase 1 and Exhibit D – Phase 2 Scopes of Work.

1. Water Resources Office and Interface Terminal Facility Site – 1000 Buena Vista Road, Bakersfield, CA 93311
CITY reserves the right to add or remove PREMISES at any time during the PRELIM phase of the PROJECTS development. Additionally, CITY intends that CONTRACTOR will have exclusivity of PROJECTS being developed regardless of PREMISES identified in the above list.

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Exhibit D
Phase 2 Scope of Work – Detailed IGA & Presentation Reports

1. IGA SERVICES
(a) General.
(1) CONTRACTOR shall coordinate with the CITY on proposed PROJECTS, selection of materials, building systems and
equipment, financing options, grants, and utility incentives.

CONTRACTOR shall also provide the CITY with
recommendations, consistent with the CITY’s stated criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or material s, preliminary budgets, life-cycle data, and possible cost reductions. (2) CONTRACTOR will schedule meetings with CITY decision - makers over the course of the IGA to provide updates on scope development, PROJECT financials, funding topics,
implementation planning, schedule, and other relevant
PROJECT development and planning SERVICES.
(b) Engineering and Design. CONTRACTOR shall perform:
(1) Design required to develop the scope and PROJECT solutions that meet stated CITY ESPC Program Requirements regarding:
(A) Financial criteria.
(B) General scope and intent.
(C) Technological integration.
(D) Compatibility with existing PREMISES.
(2) Develop design in enough detail to procure subcontractors and materials and develop the GMAX price included (a s defined in the ESPC).
(A) Perform a survey of the spaces and existing systems throughout the PREMISES to document existing
conditions.
(B) Work with the CITY to establish Project goals and criteria. (C) Prepare design documents and/or criteria for
subcontractor pricing procurement to install
modifications to electrical and other relevant systems and infrastructure.
(c) Pre-Construction. As part of the SERVICES:
(1) CONTRACTOR shall assemble design documents necessary for pricing procurement.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 4 Updated – October 29, 2024
(2) CONTRACTOR shall engage subcontractors; familiarize them with the PROJECTS, site and bidding information; and procure pricing for the purposes of establishing CONTRACTOR’s cost proposal in the ESPC.
(3) CONTRACTOR shall coordinate with the CITY throughout the performance of the SERVICES.
(4) CONTRACTOR will work with CITY to establish criteria for CITY employee training on maintenance and repair of the
proposed equipment and systems.
(5) Coordination and directional discussions with CITY for risk management.
(d) Preparation of IGA Presentation and Report(s).
(1) When the Drawings and Specifications are sufficiently complete, CONTRACTOR will prepare an IGA Presentation and Report. The IGA Presentation and Report will include:
(A) Included PROJECTS: The IGA Report will identify the energy measures included in the PROJECT. For each
included measure and PREMISES, CONTRACTOR will
provide a ‘statement of viability’ that addresses factors – commercial, financial, or otherwise – that led to
inclusion. The IGA Report shall include a methodology
for the calculation of the baseline energy use and a
description of physical conditions, equipment counts,
audit information, nameplate data, and operational
and utility rate control strategies p rior to PROJECT
implementation.

For each PROJECT recommended, the IGA Report shall
provide anticipated equipment counts, implementation
costs, efficiency levels or performance characteristics of the equipment comprising the proposed measure, on ‐
going maintenance costs, projected annual energy and
cost savings, and the expected useful life of the
measure. Projected energy and cost savings must
account for interaction among recommended
measures and utility rate and operational adjustments.

There shall be a separate section in the detailed IGA
Report for each PREMISES and an executive summary
which lists all proposed PROJECTS with the expected
implementation cost, estimated energy cost savings,
useful life of the equipment, and the simple payback for each measure.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 4 Updated – October 29, 2024
(B) Excluded PROJECTS: The IGA Report will identify facilities and energy measures considered during the assessment
but not chosen for inclusion/implementation and for
each excluded facility and measure provide a
‘statement of non -viability’ that addresses factors –
commercial, financial , or otherwise – that led to
exclusion.
(e) Energy-Related SERVICES.
(1) CONTRACTOR will conduct energy assessments of the
PREMISES to identify viable energy measures and refine the list over the course of the IGA SERVICES.
(2) CONTRACTOR will perform energy savings calculations for each recommendation.
(3) Impact of electrification and other PROJECTS on utility and operational costs.
(4) CONTRACTOR will quantify and summarize PROJECT
economics throughout each phase of design, including:
(A) Project costs;
(B) Anticipated energy savings;
(C) Projected maintenance and other costs savings;
(D) Expected paybacks;
(E) Possible g rants, u tility incentives , and other funding sources;
(F) Expected Project financing terms and debt service
payment terms (if applicable); and
(G) Prepare reports summarizing scope development,
anticipated cost savings, and other details over the
course of the IGA SERVICES.
(f) Preparation of the ESPC.
(1) When the Drawings and Specifications are sufficiently complete, CONTRACTOR will prepare an ESPC with GMAX. The ESPC will include:
(A) Contract Sum;
(B) Contract Time;
(C) Construction Schedule;
(D) Anticipated energy and other cost savings;
(E) Possible g rants, incentives, and other funding
opportunities;
(F) Projected Project Cashflow;
(G) Expected Financing terms;
(H) Information upon which the ESPC is based, including:

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 4 Updated – October 29, 2024
(i) Scope of Work;
(ii) Drawings;
(iii) Specifications;
(iv) Supplementary and other Conditions of the
Contract; and
(I) Operation and Maintenance Services and
Responsibilities: Provide a complete description of the maintenance services that CONTRACTOR would
provide and a description of maintenance actions for
which the CITY would retain responsibility, and any
relevant conditions:
i) Operation services to be performed by

CONTRACTOR
ii) Maintenance services to be performed by
CONTRACTOR including repair response times
and agreements
iii) Training to be provided to CITY by CONTRACTOR
iv) Operation services to be performed by the CITY
v) Maintenance services to be performed by the
CITY
vi) A list of CONTRACTOR’s Personnel, Contractors
and Suppliers who will support the activities
above.
(J) Preliminary Project Schedule and proposed timetable for PROJECT completion.
(g) Project Financing.
(1) If the C ITY determines to finance the PROJECT completely or partially through a l ease-purchase, CONTRACTOR will assist CITY in exploring and obtaining financing solutions.
(2) CONTRACTOR cannot guarantee that CITY will receive funding from any energy efficiency rebate, incentive, and/or loan program(s) (collectively, “Incentive Funds”); CONTRACTOR expressly disclaims any liability for C ITY’s failure to receive any portion of the Incentive Funds, and CITY acknowledges and agrees that
CONTRACTOR will have no liability for any failure to receive all or any portion of the Incentive Funds.

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: July 11, 2025
SUBJECT: Amendment 2 to Agreement No. 2024-070 with Serological Research Institute. ($40,000, revised not to exceed $140,000; and extend the term date to June 30, 2026) to continue DNA services.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City has historically relied on the Kern Regional Crime Lab (KRCL) for DNA testing services. Due to KRCL’s limitations, specifically its restrictive range of DNA testing options and its inabi lity to expedite testing results when needed for urgent investigations, the City sought an alternative provider.

Serological Research Institute was selected for its capacity to deliver essential services, including expedited turnaround times and expert testimony for cases requiring additional forensic analysis.

On January 3, 2024, the City entered into Agreement No. PD24-002 with Serological Research Institute for forensic evidence collection and examination services related to ongoing cases with the Bakersfield Police Department with a total compensation of $40,000, and a term date of January 3, 2025.

On March 13, 2024, the city amended Agreement No. PD24-002 and entered into Agreement No. 2024 - 070 increasing the total compensation by $60,000, for a new not to exceed amount of $100,000.

On December 18, 2024, the City amended Agreement No. 2024 -070 extending the term date to January 3, 2026.

Given the ongoing success of Serological Research Institute’s DNA testing services, including significant improvements in turnaround times and case closure rates, the City now seeks to increase compensation by $40,000 for a new not to exceed total of $140,000 and extend the term date of the agreement to June 30, 2026, to continue DNA testing services.

FISCAL IMPACT:

Funding for this agreement is within the Police Departments FY 2025-26 budget.

COUNCIL GOAL:

Safety and Resilience

ATTACHMENT:

Signed Agreement

Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 DIR. OF FINANCE, OPERATIONS & ADMINISTRATION
Ledia Veigh

Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85 Docusign Envelope ID: 9C8ADAAC-933A-4FB5-A4E0-A5691C04DB85

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: August 4, 2025
SUBJECT: Amendment No. 3 to Agreement No. 2020-171 with Kern County Hospital Authority and Kern Medical Center (KMC)
(to extend term to September 30, 2030) for the lease of space at the Brundage Lane Navigation Center. (Ward 2)

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The City of Bakersfield owns the Brundage Lane Navigation Center (BLNC), an emergency shelter, and funds Mercy House Inc. to operate the shelter. As part of their work to regain housing and a monthly income, shelter residents receive onsite medical care from the Kern County Hospital Authority which owns and operates Kern Medical Center (KMC). To minimize barriers to accessing services, BLNC provides these services on-site at the BLNC at no extra cost to Mercy House or its residents. In return, City of Bakersfield provides use of exam rooms, office facilities, a storage area and a recuperative care facility at no cost to KMC.

Council’s approval of this amendment would extend the original lease expiration date of September 8, 2025 to September 30, 2030.

FISCAL IMPACT:

No fiscal impact as this is an in-kind lease.

COUNCIL GOAL:

Safety and Resilience

WARD: 2

ATTACHMENT:

Amendment No. 3 to Agreement 2020-171

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: July 21, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2020-173 with County of Kern (extend term to September 9, 2030) to lease office space at the Brundage Lane Navigation Center for Department of Human Services staff to provide on-site services at Brundage Lane Navigation Center. (Ward 2)

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

The City of Bakersfield owns the Brundage Lane Navigation Center (BLNC), an emergency shelter, and funds Mercy House Inc. to operate the shelter. As part of their work to regain housing and a month ly income, shelter residents receive social services from the County of Kern Department of Human Services (DHS). To minimize barriers to accessing services, BLNC provides these services on-site at the BLNC at no extra cost to Mercy House or its residents. In return, City of Bakersfield provides use of office facilities at no cost to DHS.

Council’s approval of this amendment would extend the original lease expiration date of September 8, 2025 to September 30, 2030.

FISCAL IMPACT:

No fiscal impact as this is an in-kind lease.

COUNCIL GOAL:

Safety and Resilience

WARD: 2

ATTACHMENT:

Amendment No. 1 to Agreement 2020-173

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: August 15, 2025
SUBJECT: Amendment No. 3 to Agreement 2023-078 with Tel-Tec Security Systems, Inc (increase compensation $300,000, revised not to exceed $700,000; and extend term to December 30, 2026) for the installation, maintenance, repair, and monitoring of supervised burglary alarm systems, access control systems, electronic door and gate hardware, and intercom.

RECOMMENDATION:

Staff recommends approval of this agreement.

BACKGROUND:

Tel-Tec Security Systems, Inc. is a local security installation, maintenance, monitoring, and repair company that the City of Bakersfield uses for installation and monitoring of burglar alarms and electronic door and gate access control. The security systems and monitoring provided by Tel-Tec assist in the City's efforts to secure City facilities and buildings to reduce or eliminate damage, theft, vandalism, or unauthorized use by others, as well as provide City employees' safety and security. The City is s atisfied with the quality of materials and work provided by Tel-Tec. The efforts to secure City facilities and buildings are part of many city buildings and projects that will take multiple years to complete.

Agreement No. 2023 -078 with Tel -Tee Security Systems Agreement was brought before the council on April 12, 2023, to acquire as -needed services from Tel -Tee Security Systems, Inc. for the installation, maintenance, repair, and monitoring of supervised burglary alarm systems, access control systems, electronic door and gate hardware, and intercom . Amendment 1, on June 12, 2024, extended the term and increased compensation not to exceed $250,000. Amendment 2 increased total compensation to $400,000 on January 22, 2025.

The City now wishes to extend the contract by one (1) year to December 30, 2026, and increase total compensation by $300,000 for additional work on ongoing projects not exceeding $700,000.

FISCAL IMPACT:

The department provides payment on behalf of the requesting department within its operational budget and charges various funding sources citywide for services. The Increase will be covered within the current Fiscal Year 2025-26 budget allocations.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Amendment.pdf

AGREEMENT NO. __________________

AMENDMENT NO. [3] TO
AGREEMENT NO. 2023-078

This AMENDMENT NO. 3 TO AGREEMENT NO. 2023-078 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and TEL-TEC SECURITY SYSTEMS, INC a corporation authorized to do business in California (“CONTRACTOR”).

R E C I T A L S

WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2023- 078 on April 12, 2023 in the amount of One Hundred and Twenty Thousand and Zero Cents $120,000 with a term ending on December 30, 2024 to perform installation, maintenance, repair and monitoring of supervised burglary alarm systems, fire alarm systems, access control systems, electronic door and gate hardware, and intercom systems on an " as -needed" basis; and

WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2023 -078 (1) on June 12, 2024 to extend the term to De cember 30, 2025, and to increase total compensation to Two Hundred and Fifty Thousand Dollars and Zero Cents $250,000; and

WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2023 -078 (2) on January 22, 2025 to increase total compensation to Four Hundred Thousand Dollars and Zero Cents $400,000.00; and

WHEREAS, the parties desire to enter into Amendment No. 3 to Agreement No. 2023-078 to extend the term to December 30, 2026 and to increase compensation by an additional Three Hundred Thousand Dollars and Zero Cents $300,000 for a total compensation amount not to exceed Seven Hundred Thousand Dollars and Zero Cents $700,000 to allow for additional work on ongoing projects subject to the pricing and exhibits set forth in the Agreement; and

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

1. Section 2 of Agreement No. 2023- 078 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the
Docusign Envelope ID: C0F065B0-127B-4CAB-8C23-A5E9573D577F

conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):

On a tim e and materials basis in accordance with the
monitoring and installation rates set forth in Exhibit A, attached hereto and incorporated by reference
herein, and all other materials and supplies as priced at time of request, provided that such work is not to be
performed until authorized CITY.

CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The
Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($700,000.00) for performing the Scope of Work.

2. Section 3 of Agreement No. 2023 -078 entitled “TERM” is hereby amended to read as follows:

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

3. Except as amended herein, all provisions of Agreement No. 2023-078 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2023-078 to be executed the day and year first above written.

“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD TEL-TEC SECURITY SYSTEMS, INC

By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Docusign Envelope ID: C0F065B0-127B-4CAB-8C23-A5E9573D577F Morgan Clayton

Title:___________________________

APPROVED AS TO CONTENT:

TECHNOLOGY SERVICES DEPARTMENT

By:________________________________

GREGORY PRONOVOST
Technology Services Director

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney

Insurance:____________

COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director

Attachment: Exhibit A

Docusign Envelope ID: C0F065B0-127B-4CAB-8C23-A5E9573D577F Chairman of the Board

Commercial Monitoring Rates:

Security
Intrusion Intrusion Sub-Group Hold Up Alarm Supervision Alarm Reports for Emergency Phone Line Monitoring Cellular Monitoring Supervision Phone $10.00 Printed and Mailed
$25.00 $30.00 $10.00 $5.00 $5.00 $50.00
$5.00 Emailed
Hook Up Monitoring TTSS Link Z Wave Cellular System Link Carbon Monoxide DMP Hosted Entre DMP Hosted Entre Fee Remote Command Monitoring Code Management ONLY with Access Control $10.00 $10.00 $37.50/panel
$125.00 * DMP Cellular Only * Customer must also $10.00 $5.00 $20.00 Additional $5.00 per *Excessive Usage Additional have TTSS Link door after (4) doors.

Fire
Fire Alarm Fire Alarm Fire Alarm Fire Certification Elevator Monitoring Elevator Monitoring Video Monitoring Phoneline Monitoring Network Monitoring Cellular Monitoring with HVAC Phoneline Cellular Analytics $30.00 $35.00 $55.00 1st HVAC = $50.00 $30.00 $50.00 $50.00 Minimum After $25.00 Each
Residential Monitoring Rates:

Intrusion Intrusion Sub-Group Hook Up Monitoring TTSS Link Carbon Monoxide Z Wave Phone Line Monitoring Cellular Monitoring Fee Remote Command Monitoring $10.00 $10.00
$20.00 $25.00 $10.00 $90.00 * DMP Cellular Only $5.00 * Customer must also Includes BA, FA, EB Includes BA, FA, EB *Excessive Usage Additional have TTSS Link Service Rates:

Hourly Rate Overtime Hourly Rate Code Change Alarm Response Prevailing Wage Rate
$125.00 $187.50 $55.00 $50.00 $150.00
(2) Hr Minimum
Installation Rates:

Commercial Residential Hourly Rate Prevailing Wage
Hourly Rate Rate
$100.00 $85.00 $150.00
Tel-Tec Security Systems, Inc.
2023Rate Sheet
Updated 2/14/2023

EXHIBIT A
Docusign Envelope ID: C0F065B0-127B-4CAB-8C23-A5E9573D577F Certificate Of Completion
Envelope Id: C0F065B0-127B-4CAB-8C23-A5E9573D577F
Status: Completed
Subject: Complete with Docusign: Tel-Tec Agreement.pdf
Source Envelope:

Document Pages: 4
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 0
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
8/13/2025 10:23:32 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
Morgan Clayton
[email protected]
Chairman of the Board
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 64.171.129.2
Sent: 8/13/2025 10:25:08 AM
Viewed: 8/13/2025 12:57:54 PM
Signed: 8/13/2025 1:03:34 PM
Electronic Record and Signature Disclosure:

Accepted: 6/30/2022 3:26:58 PM
ID: ad111215-fa1f-4e09-82e3-f56311a85bc4
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.134.235.241
Signed using mobile
Sent: 8/13/2025 1:03:35 PM
Viewed: 8/13/2025 1:41:50 PM
Signed: 8/13/2025 1:42:04 PM
Electronic Record and Signature Disclosure:

Accepted: 8/13/2025 1:41:50 PM
ID: f0256b23-5923-4d4f-b1cd-2c3c4dcf30eb
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
8/13/2025 10:25:08 AM

Envelope Summary Events
Status
Timestamps
Certified Delivered
Security Checked
8/13/2025 1:41:50 PM
Signing Complete
Security Checked
8/13/2025 1:42:04 PM
Completed
Security Checked
8/13/2025 1:42:04 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

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ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: August 7, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2023-225 with Coastline (extend term to September 13, 2026) to provide repair of construction and off-road equipment.

RECOMMENDATION:

Staff recommend 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 Council entered into Agreement No. 2023 -225 with Coastline for the repair of construction and off -road equipment . Coastline was selected through a formal Request for Proposal and Qualifications process.

The City’s partnership with Coastline 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.

Amendment No. 1 will extend the term one year to continue repair and maintenance of construction and off-road equipment. There will be no increase to the not-to-exceed compensation of this agreement.

FISCAL IMPACT:

Sufficient funds are within the Fiscal Year budget 2025 -26 and available in the Equipment Fund to cover costs associated with this amendment.

COUNCIL GOAL:

Innovative and Efficient City Government

ATTACHMENTS:

Amendment

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: August 13, 2025
SUBJECT: Amendment No. 4 to Agreement No. 2021-212 with Kern Asphalt Paving & Sealing Co. Inc. (extend term one year) to continue the supply of Oil Transport & Spreading Services.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On September 1, 2021, the City Council approved the annual contract for Oil Transport & Spreading Services with Kern Asphalt Paving & Sealing, in the amount of $264,000; renewable annually thereafter for four consecutive one-year periods.

Per the terms of the contract, one amendment increasing the contract and/or extending the contract has been approved as follows:

• Amendment 1 approved August 31, 2022; extended term only to September 1, 2023. • Amendment 2 approved August 23, 2023; extended term only to September 1, 2024. • Amendment 3 approved August 28, 2024; extended term only to September 1, 2025.

This contract is utilized exclusively by the Public Works Department, Streets Division for oil transporting and spreading services only. Sealing material PMCQS1H, Topein C Ready to Spray 50/50 dilution, and CSS- 1H asphaltic emulsion is currently provided by the City under a separate contract.

Currently there is approximately $215,000 available on this contract. If approved, Amendment No. 4 will extend the term by one year allowing the continuance of oil transporting and spreading services. No additional funds will be needed at this time.

FISCAL IMPACT:

Funds are budgeted in various funds including, but not limited to, Capital Outlay Fund, Gas Tax Fund, and Utilities Surcharge Fund.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Amendment No. 4

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: August 13, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-245 with Kern Sprinkler Landscaping, Inc. (to extend the term by one year) to continue the supply of On-Call Irrigation & Landscaping Service.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On September 11, 2024, the City Council approved the annual contract for the supply of On-Call Irrigation & Landscaping Service to Kern Sprinkler Landscaping, in the amount of $1,418,174.98; renewable annually thereafter for four consecutive one-year periods.

This on-call as-needed contract will provide routine irrigation & landscape maintenance and anticipat ed capital projects to be completed by the Recreation and Parks Department, Water Resources Department, and divisions within the Public Works Department.

Currently, there is approximately $584,000 remaining on the contract. If approved, Amendment No. 1 will extend the term by one year to allow the continuance of On -Call irrigation & Landscape Service. No additional funds are needed at this time.

FISCAL IMPACT:

Sufficient funds are budgeted in various funds, and may include the General Fund, the Capital Outlay Fund, the Park Improvement Fund, and the Solid Waste Enterprise Fund.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Amendment No. 1

-- Page 1 of 2 Pages --
AGREEMENT NO. 2024-245(1)

AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-245

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2024-245 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and KERN SPRINKLER LANDSCAPING, INC. a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, on September 11,2024, the CITY and CONTRACTOR entered into Agreement No. 2024-245 in the amount of $1,418,174.98 for the supply of On-Call irrigation and Landscape Service; and

WHEREAS, the parties desire to enter into Amendment No. 1 to Agreement No.2024-245 to extend the term to allow the continuance of the supply of On-Call irrigation and Landscape Service.

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

1. Section 3 of Agreement No. 2024-245 entitled “TERM” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein contractors shall provide services to the term date of September 11, 2026.

2. Except as amended herein, all provisions of Agreement No. 2024-245 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. one (1) to Agreement No. 2024-245 to be executed the day and year first above written.

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: August 13, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023 -209 with Fruit Growers Laboratory, Inc. to extend term by one year for analyzing water samples to monitor TCP levels in the groundwater and to verify removal of TCP, as required by Division of Drinking Water (DDW) for City of Bakersfield, Municipal Water System.

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

The City of Bakersfield Water Department owns thirty -six well sites that are equipped with 1,2,3 Tri chloropropane (TCP) treatment. The Department is regularly required to collect and analyze the samples from these well sites. The physical sampling is performed by Cal Water as part of the City’s annual operating and maintenance agreement. Samples collected by Cal Water are sent to the laboratories under contract with the Department for analysis. These laboratory results are submitted to state monitoring agencies and must be performed by a certified laboratory.

On August 23, 2023, City entered into Agreement No. 2023-209 with Fruit Growers Laboratory, Inc. (FGL) for water sample analysis services. It was selected through a formal Request for Qualification and Proposal (RFQ&P) process.

Since the agreement was awarded, FGL has performed the necessary required TCP testing for the Municipal Water System. The Department now desires to extend the term of the contract.

The proposed amendment will extend the contract by an additional year until August 30, 2026.

FISCAL IMPACT:

Funds are budgeted within the Domestic Water Fund for this service and therefore an appropriation is not required. There is no impact to the General Fund.

COUNCIL GOAL:

Community Character & Quality of Life

ATTACHMENTS:

1. Amendment No. 2 to Agreement No. 2023-209

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: August 13, 2025
SUBJECT: Amendment No. 2 to Agreement No. WR24-016 with BSK Associates for geotechnical and material testing services. ($100,000; revised not to exceed $240,000)

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

The Water Department is responsible for the City’s Municipal Water System and various Capital Improvement Projects requiring geotechnical and materials testing services. These services include soil and subsurface evaluations, compaction and concrete testing, pavement and foundation design support, and geotechnical investigations for water-related infrastructure such as tanks, pipelines, pump stations, and river structures. A key focus of recent on-call work has been supporting projects within the Kern River corridor.

On June 6, 2024, City entered into Agreement No. WR24-016 with BSK Associates to provide geotechnical and materials testing services.

Since the agreement was awarded, BSK Associates has completed multiple geotechnical and materials investigations and testing services for the Department. To support ongoing project needs, the Department now seeks to increase the agreement’s compensation limit.

The proposed amendment would increase the compensation by $140,000, resulting in a revised not -to- exceed amount of $240,000.

FISCAL IMPACT:

Sufficient funds are budgeted within the Agricultural Water Fund for this amendment and therefore there is no impact to the General Fund.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Amendment No.2 to Agreement No. WR24-016

-- Page 1 of 3 Pages --
AGREEMENT NO. __________________

AMENDMENT NO. [2] TO
AGREEMENT NO. WR24-016

This AMENDMENT NO. 2 TO AGREEMENT NO. WR24-016 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and BSK ASSOCIATES a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”) (Collectively, the “Parties”).

R E C I T A L S

WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well-qualified and a specialist in the field of geotechnical and material testing services; and

WHEREAS, the City does not have expertise currently on staff to conduct geotechnical and material testing services; and

WHEREAS, on June 6, 2024, the Parties entered into Agreement No. WR24- 016 to provide geotechnical and material testing services; and

WHEREAS, on May 9, 2025, the Parties entered into Amendment No. 1 to Agreement No. WR24-016 to increase compensation by Sixty Thousand ($60,000) and extending the term for one additional year in accordance with the original agreement; and

WHEREAS, the Parties desire to enter into Amendment No. 2 to Agreement No. WR24-016, increasing compensation by One Forty Thousand Dollars ($140,000).

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

1. Section 2 of Agreement No. WR24-016 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the
conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”): On a time-and-materials basis in accordance with the rates listed in Unit Rate Table as shown on Exhibit B.
-- Page 2 of 3 Pages --
CI
TY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR . In no case will CITY compensate CONTRACTOR more than Two Hundred Forty Thousand Dollars and No Cents ($240,000) for performing the Scope of Work.

2. Exc
ept as amended herein, all provisions of Agreement No. WR24- 016 shall remain in full force and effect.

IN WITNESS WHEREOF,
the parties hereto have caused this Amendment No.
2 to Agreement No. WR24- 016 to be executed the day and year first above written.
“CI
TY” “CONTRACTOR”

CITY OF BAKERSFIELD BSK ASSOCIATES
By
:____________________________ By:

KAREN GOH
Mayor Print Name:

Tit
le:_______________________________
-- o0
o –
Adam Terronez, PE, GE
Managing Principal

-- Page 3 of 3 Pages --
APPROVED AS TO CONTENT:

WATER DEPARTMENT

By:____________________________

KRISTINA BUDAK
Water Director

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________

MATTHEW COLLOM
Deputy City Attorney

Insurance:____________

COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director

ADMINISTRATIVE REPORT

MEETING DATE: August 27, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: August 8, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023-101
with Kimley-Horn (to include revisions to project design and phased design and implementation strategy; no increase of compensation) for the Monitor Street Safe Routes to Schools Project (Wards 1 & 7)

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

The Monitor Street Safe Route to Schools Project looks to implement complete streets improvements along Monitor Street from Golden Valley High School (Hosking Ave) to South High School (White Lane).

This 2.8-mile corridor provides major access to nine (9) schools, as well as Stiern Park. In an effort to transform Monitor Street into a s afer corridor for all users, including the most vulnerable – school-aged students, improvements will include traffic calming, enhanced pedestrian crossings, improved signage and lighting, more resilient pavement markings, ADA modifications, median modifica tions, and sidewalk improvements. In addition, the Consultant will provide designs for traffic calming and road diet/toning improvements, including, but not limited to, street geometry changes, curb, gutter and sidewalk, stripping and signage, and roundabouts to be installed by City Staff or On-Call Contractors

On April 26, 2023, the City entered into Agreement No. 2023 -101 with Kimley -Horn and Associates to provide a 30% design for the Monitor Street Safe Route to Schools Project and assist with gathering community input for the project. By utilizing an online outreach tool created by Kimley-Horn, community meetings, as well as working in tandem with the school districts, the City has been able to incorporate public feedback into the 30% design and will continue to develop the project with the community’s input.

On May 08, 2024, the City entered into Amendment No. 1 to Agreement No. 2023 -101 to expand the scope to 100% to include 100% plans, specifications, & estimates, environmental documentation, ATP Cycle 7 Grant Application assistance, and bid and construction support. The amendment increased the not-to-exceed compensation amount by $1,582,800.00 to $2,031,740.00.

Amendment No. 2 modifies the project scope by adjusting the design requirements for Moni tor Street.

Originally, the entire project corridor —from Astor Avenue to Merrimac Avenue —was to be designed to 100%. Under the amendment, only the northern segment of Monitor Street (from Pacheco Road to Merrimac Avenue) will advance from 90% to 100% desig n. The remaining portion of the corridor will be paused at the 60% design stage and deferred for completion once additional funding becomes available.

This change reflects a shift to a phased implementation strategy, which allows the project’s financial burden to be spread over time while continuing progress toward the overarching goal: enhancing the corridor as a Safe Route to Schools. The City has requested Community Project Funding for the Monitor Street Project through Congressman Valadao’s Office.

FISCAL IMPACT:

There is no General Fund impact associated with this amendment, due to the fact that no compensation or increase cost it will only extend the time of the agreement.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Amendment No. 2 to Agreement No. 2023-101

____________________________________________________
AMENDMENT #2 TO AGREEMENT NO. 2023-101
M:\Advanced Project Delivery\Projects\FY 2022-2023\T3K324 - Monitor St Corridor Improvements (SRTS)\Consultants\Kimley- Horn\Monitor 100%\Amendment No.2 to Agmt 2023-101 KH.doc -- Page 1 of 4 Pages --
AGREEMENT NO.

AMENDMENT NO. TWO TO
AGREEMENT NO. __2023-101__

THIS AMENDMENT NO. TWO TO AGREEMENT NO. 2023-101 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter c ity and a municipal corporation (referred to herein as “CITY”), and KIMLEY HORN AND ASSOCIATES, INC., a Corporation authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).

R E C I T A L S
WHEREAS, on April 26, 202 3, CITY and DESIGN CONSULTANT entered into Agreement No. 2023- 101 in the amount of Four Hundred Forty-Eight Thousand, Nine Hundred Forty Dollars and Zero Cents ($448,940.00) wherein DESIGN CONSULTANT agreed to provide design services for the Safe Routes to Schools Improvement Project; and
WHEREAS, on May 08, 2024, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to expand the scope of work, and increase Compensation in the amount of One Million, Five Hundred and Eighty Two Thousand, Eight Hundred Dollars and Zero Cents ($1,582,800.00), for a total compensation not-to- exceed Two Million, Thirty One Thousand, Seven Hundred Forty Dollars and Zero Cents ($2,031,740.00); and
WHEREAS, CITY and DESIGN CONSULTANT desire to enter Amendment No. 2 to alter the scope of work.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree to amend Agreement No. 2023- 101 as follows:

1. Section 1 of Agreement No. 2023- 101 entitled “Scope of Work” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation
(defined below), DESIGN CONSULTANT must competently and thoroughly design and 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 in DESIGN CONSULTANT’S additional scope of work, attached hereto as Exhibit C and in DESIGN CONSULTANT’S alterations to the scope of work, attached hereto as Exhibit D and incorporated herein by this reference (collectively, the project description in the Request and DESIGN ____________________________________________________
AMENDMENT #2 TO AGREEMENT NO. 2023-101
M:\Advanced Project Delivery\Projects\FY 2022-2023\T3K324 - Monitor St Corridor Improvements (SRTS)\Consultants\Kimley- Horn\Monitor 100%\Amendment No.2 to Agmt 2023-101 KH.doc -- Page 2 of 4 Pages --
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. Except as amended herein, all other provisions of Agreement No. 2023- 101 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two to Agreement No. 2023- 101 to be executed the day and year first above written.

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:

ASHLEY ZAMBRANO
Deputy District Attorney

Insurance: __________

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director

Attachments: Exhibits A, B, C, and D
Exhibit A: RFP
Scope of Work for Original Agreement
Kimley>>>Horn Page 2
The existing conditions present many notable challenges. The wide streets and travel lanes promote higher speeds and create long crossing distances for people walking, while the continuous parking lanes can reduce visibility of people, especially children, attempting to cross the streets. The signalized intersections are spaced ½ mile apart, creating long stretches of the corridor where no crossings of Monitor Street are provided. The lack of landscaping, particularly trees, reduce appeal and the appetite for walkability while also creating heat islands due to the lack of shade. In addition, the existing shared parking and bike lane with no bike lane striping or buffer for long stretches of the corridor might reduce bicyclists' sense of comfort and perceived safety and increase the risk of "dooring" from parked vehicles.

Vision
The following schools are located along, or within a block radius of, Monitor Street, and fall within the Kern High School District (KHSD) and the Greenfield Union School District (GFUSD). • South High School (KHSD)
• Prosperity Elementary School (GFUSD)
• Greenfield Middle School (GFUSD)
• Greenfield Community School (GFUSD)
• Palla Raffaello Elementary School (GFUSD)
• Valle Verde Elementary School (GFUSD)
• Leon H. Ollivier Middle School (GFUSD)
• Horizon Elementary School (GFUSD)
• Golden Valley High School (KHSD)
The vision for the Project is to transform Monitor Street into a safer corridor for all users, including the most vulnerable - school-aged students, by implementing improvements such as traffic calming, enhanced pedestrian crossings, improved signage and lighting, more resilient pavement markings, ADA modifications, median modifications, and sidewalk improvements.

Project Understanding
The City seeks to complete preliminary studies and create conceptual designs for improvements along the Monitor Street Corridor with the goal of approval and presentation of the developed concepts, to then identify potential grant funding opportunities for construction. This constitutes Phase 1 of the Project. Phase 1 will aim to scope Phase 2 of the Project which will include completing the environmental document and final design to prepare the Project for the Construction Phase.

The scope of services provided by Kimley-Hom for Phase 1 (outlined below) is intended to support the design alternatives analysis and anticipated grant application process. Since community engagement and stakeholder input is an important component of any grant application, the scope includes updating the community/stakeholders on the project and soliciting input on the needs and proposed improvements.

In addition, the City is seeking support on its ongoing pavement rehabilitation program. This support comprises of signing and striping plans required to incorporate any modification to existing lane configurations at the time of pavement rehabilitation on select roadway segments. -------, l kimley-horn.com 660 S. Figueroa Street, Suite 2050, Los Angeles, CA 90017 CO\i�i�'CiO' ·1 CQPY
--

ID Tas Task Name
No.

NOTICE TO PROCEED

PROJECT KICK-OFF MEETING
1 DATA COUfCTlON & EVALUATION OF
EXISTING CONDmONS

1.1 Data Collection

1.2 Development of Base Map
6 1.3 Field Review
2 AERIAL SURVEY
8 Drone Flight
Prepare Survey & ROW Base
10 3 UTILITY COORDINATION
11 Utility A Letters
12 Utility Base Mapping
13 4 COMMUNITY ENGAGEMENT
14 .1 Online Public Engagement Tool
15 .2 Stakeholder/Community Meeting
16 5 PRELIMINARY ENGINEERING
17 5.1 Studies and Assessment
18 Develop Initial Assessment
19 City Review
20 Final Assessment
21 5.2 Concept Alternatives
22 Develop Early Concept Layouts
23 City Review
24 Concept Review Meeting
2S Final Concepts
26 Selection of Preferred Alternative
27 5.3 30% Design
28 Draft 30% Design
29 City Review
30 Final 30% Design
31 5.4 Environmental Screening
32 6 ASSESSMENT OF GRANT FUNDING
33 7 PAVEMENT REHAB PLAN SUPPORT
34 8 PROJECT MANAGEMENT, COORDINATION,

AND ADMINISTRATION
Projtct Monitor Strut Schtdule Task
Cate: Thu 4/6/2.3
\
8 n ::"l
� �.: , ' ,- -· 0 \\ JJ
,__,,... .. -�
City of Bakersfield
Monitor Complete Streets • Phase 1
Duration Start Finish Predecessors !Jan '24 IF•b' 4
17 24 31 7 14 1 4 11
0 days Mon 5/1/23 Mon 5/1/23
0 days Mon 5/8/23 Mon 5/8/23 1FS+6 days
35 days Tue 5/9/23 Mon 6/26/23
20 days Tue 5/9/23 Mon 6/5/23 2
15 days Tue 6/6/23 Mon 6/26/23 4
Odays Mon 6/26/23 Mon 6/26/23 5 6/26
100 days Thu 8/6/20 Wed 12/23/20
O days Mon 5/15/23 Mon 5/15/23 2FS+S days � S/1S
15 days Tue 5/16/23 Mon 6/5/23 8
100 days Thu 8/6/20 Wed 12/23/20
20 days Tue 5/9/23 Mon 6/5/23 2
40 days Tue 6/6/23 Mon 7/31/23 11,9
70 days Tue 6/27/23 Mon 10/2/23
70 days Tue 6/27/23 Mon 10/2/23 6
Odays Mon 10/2/23 Mon 10/2/23 22FF+l0 days
175 days Tue 6/6/23 Mon 2/S/24
75 days Tue 6/6/23 Mon 9/18/23
SO days Tue 6/6/23 MonS/14/23 4
10 days Tue 8/15/23 Mon 8/28/23 18
lS days Tue 8/29/23 Mon 9/18/23 19
65 days Tue 8/8/23 Mon 11/6/23
30 days Tue 8/8/23 Mon 9/18/23 17FF,5,9,12
10 days Tue 9/19/23 Mon 10/2/23 22
Odays Mon 10/9/23 Mon 10/9/23 23FS+S days 10/9
15 days Tue 10/10/23 Mon 10/30/23 24
0 days Mon 11/6/23 Mon 11/6/23 25FS+S days,14,l 11/6
65 days Tue 11/7/23 Mon 2/5/24
30 days Tue 11/7/23 Mon 12/18/23 26,14,15
4w ks Tue 12/19/23 Mon 1/15/24 28
15 days Tue 1/16/24 Mon 2/5/24 29
lOdays Tue 1/23/24 Mon 2/5/24 27FF
25 days Tue 1/2/24 Mon 2/5/24 27FF
200 days Mon S/1/23 Fri 2/2/24
200days Mon 5/1/23 Fri 2/2/24
M1ltstone • Summ•ry �ad1ine ♦ Progttss Cntial P•th

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Bakersfield City CouncilAugust 27, 2025

Bakersfield City Council
August 27, 2025