BAKERSFIELD CITY COUNCIL
AGENDA
REGULAR MEETING
October 8, 2025, 5:15 p.m.
Council Chambers, City Hall, 1501 Truxtun Avenue
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS
5. PUBLIC STATEMENTS
5.a Non-Agenda Item Public Statements
5.b Agenda Item Public Statements
6. APPOINTMENTS
7. CONSENT CALENDAR
7.a Minutes
7.a.1 Approval of minutes of the September 24, 2025, Regular City Council Meetings.
Staff recommends approval of the minutes.
7.b Department Payments and Agreements
7.b.1 Receive and file department payments from September 12, 2025 to September 25, 2025 totaling $21,933,428.64
as follows: department payments in the amount of $21,489,213.78, and Self Insurance payments in the amount of $444,214.86.
Staff recommends receiving and filing the report.
7.b.2 Receive and file department agreements over $40,000 and under $100,000 between September 12, 2025
and September 26, 2025.
Staff recommends receiving and filing the report.
7.c Ordinances
7.d Resolutions
7.d.1 Dispense with bidding for the purchase of Police Motorcycles for the Police Department
Resolution determining that BMW Police motorcycles can most efficiently be procured through cooperative procurement bidding procedures from Long Beach BMW Motorcycles and authorizing the Finance Director to dispense with bidding for the purchase of five (5) units in the amount of $194,000 for the Police Department.
Staff recommends adoption of the resolution and approval of the purchase.
7.d.2 Dispense with bidding for the purchase of a water truck for the Water Department
Resolution determining that a water truck can most efficiently be obtained through cooperative procurement bidding procedures from E.M. Tharp Inc., dba Golden State Peterbilt and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of $305,886.
1. Appropriate and transfer $5,886 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund.
2. Staff recommends adoption of the resolution and approval of the purchase.
7.e Agreements
7.e.1 City Physician Services Agreements for Medical Services Agreement with ABC Occupational Medical Center, not to exceed $250,000, annually.
1. Agreement with Universal Occupational Inc., not to exceed $250,000, annually.
2. Agreement with Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine, not to exceed $250,000 annually.
3. Staff recommends approval of the agreements.
7.e.2 Agreement with Greenfield Union School District (compensation to the City not to exceed $165,000)
to provide School Resource Officer services. (Wards 1 & 7) Staff recommends approval of the agreement.
7.e.3 Agreement with the Trustees of the University of Pennsylvania (not to exceed $400,000)
to continue providing technical assistance and assist the City in preparing the CalVIP Cohort 5 grant application.
Staff recommends approval of the agreement.
7.e.4 Agreement with M and M Landscape and Concrete (not to exceed $150,000)
to provide landscape service for the Wastewater Division.
Staff recommends approval of the agreement.
7.e.5 Agreement with AAA Oil, Inc., dba California Fuels and Lubricants (not to exceed $2,623,000)
for providing truck and trailer load quantities of gasoline and diesel fuels.
Staff recommends approval of the agreement.
7.e.6 Agreements for On Call Services for Maintenance, Repairs and Abatement for City Facilities
Asbestos Services, Inc. for Asbestos/Lead Abatement (not to exceed $450,000)
1. Central Cal Surveys, LLC. for Asbestos/Lead Sampling and Testing (not to exceed $100,000)
2. Staff recommends approval of the agreements.
7.e.7 Contract Change Order No. 173 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (increasing compensation by $31,000; revised not to exceed $152,225,004.59) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3)
Staff recommends approval of the change order.
7.f Bids
7.f.1 Accept bid and approve contract with Toter, LLC (not to exceed $787,756.90)
for the supply of black refuse containers, green waste containers and blue recyclable containers for the Solid Waste Division.
Staff recommends acceptance of the bid and approval of the contract.
7.f.2 Accept bid from Allstar Fire Equipment ($109,936.17) for SEEK Thermal Imaging Cameras and Accessories for the Fire Department.
Staff recommends acceptance of the bid.
7.g Miscellaneous
7.g.1 Appropriate $710,000 Transient Occupancy Tax fund balance to the Community Facilities Capital Improvement Budget
(Ward 2)
Staff recommends approval of the appropriation.
7.h Successor Agency Business
7.i Public Safety/Vital Services Measure
7.i.1 Agreement with Flood Ministries (not to exceed $250,000) for the Community Vitality Family Reunification Initiative.
Staff recommends approval of the agreement.
8. CONSENT CALENDAR PUBLIC HEARINGS
9. HEARINGS
10. REPORTS
Public comments on each Report item will be received after Staff's presentation.
10.a Multi-Modal and Transportation Safety Committee Progress Report Staff recommends Council receive and file report and presentations.
11. DEFERRED BUSINESS
Public comments on each Deferred Business item will be received after Staff’s presentation.
12. NEW BUSINESS
Public comments on each New Business item will be received after Staff's presentation.
13. COUNCIL AND MAYOR STATEMENTS
14. CLOSED SESSION
15. ADJOURNMENT
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 24, 2025
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings – 3:30 p.m. and 5:15 p.m.
REGULAR MEETING – 3:30 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Kaur (seated at 3:40 p.m.), Councilmembers Arias (seated at 4:08 p.m.), Gonzales, Smith, and Koman
Absent: Councilmember Weir
2. PUBLIC STATEMENTS
2.a. Non-Agenda Item Public Statement
None.
2.b. Agenda Item Public Statements
None.
3. REPORTS
None.
4. CLOSED SESSION
4. a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following five matters:
1. Kyle Peterson v. Cristina Moreno Gonzalez, The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-21-101694
(Lead case) (Consolidated with) Tiffiny J. Peterson, individually and as Successor-In-Interest to Nicolas Brendan Peterson:
Johnathon M. Hernstedt-Dal v. City of Bakersfield, County of Kern, Cristina Moreno - Gonzalez Kern County Superior Court
Case No. BCV-21-102578
2. Jeffery Dibbern v. City of Bakersfield, et al. United States District Court Case No. 1:22-CV-00723-BAK
3. Bianca Analy Ortega v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-24-100772
4. Robert Watson v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-25-101742
5. Edgar Quincy Sloan v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-20-102749
Motion by Mayor Goh to adjourn to Closed Session at 3:33 p.m.
Closed Session meeting was adjourned at 5:05 p.m.
Meeting reconvened at 5:07 p.m.
Bakersfield, California, September 24, 2025 - Page 2
5. CLOSED SESSION ACTION
4. a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following five matters:
1. Kyle Peterson v. Cristina Moreno Gonzalez, The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-21-101694
(Lead case) (Consolidated with) Tiffiny J. Peterson, individually and as Successor-In-Interest to Nicolas Brendan Peterson:
Johnathon M. Hernstedt-Dal v. City of Bakersfield, County of Kern, Cristina Moreno - Gonzalez Kern County Superior Court
Case No. BCV-21-102578
By a 6-0 vote with Councilmember Weir absent, City Attorney was given direction.
2. Jeffery Dibbern v. City of Bakersfield, et al. United States District Court Case No. 1:22-CV-00723-BAK
By a 5-0 vote with Councilmembers Weir absent, and Arias abstaining due to late arrival. City Attorney was given direction.
3. Bianca Analy Ortega v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-24-100772
By a 5-0 vote with Councilmembers Arias and Weir absent, City Attorney was given direction.
4. Robert Watson v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-25-101742
By a 5-0 vote with Councilmembers Arias and Weir absent, City Attorney was given direction.
5. Edgar Quincy Sloan v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-20-102749
No Reportable Action
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:08 p.m.
Bakersfield, California, September 24, 2025 - Page 3
REGULAR MEETING - 5:15 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Kaur, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash
Absent: Councilmember Weir
2. INVOCATION
by Baba Balraj Singh of the Gurdwara Sahib NanakSar Darbar.
3. PLEDGE OF ALLEGIANCE
by Samuel Chambless, Ward 6 Alternate Youth Commissioner, and Senior at Heartland Charter School.
4. PRESENTATIONS
4.a. Proclamation to Jennifer Henry, Executive Director of Links for Life, declaring Paint the Town Pink Month in Bakersfield during October 2025.
5. PUBLIC STATEMENTS
5.a. Non-Agenda Item Public Statements
Pieter Freidrick spoke regarding threats posed to Sikhs in America and support of SB509 (written materials provided).
5.b. Agenda Item Public Statements
None.
6. APPOINTMENTS
None.
7. CONSENT CALENDAR
a. Minutes:
7.a.1. Approval of minutes of September 10, 2025, Regular City Council Meetings. (Staff recommends approval of the minutes.)
b. Payments:
7.b.1. Receive and file department payments from August 29, 2025, to September 11, 2025, totaling $18,751,153.71 as follows: department payments in the amount of $18,092,287.06, and Self Insurance payments in the amount of $658,866.65. (Staff recommends receive and file report.)
7.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between August 15, 2025, to August 28, 2025.
(Staff recommends receive and file report.)
c. Ordinances:
None.
Bakersfield, California, September 24, 2025 - Page 4
7. CONSENT CALENDAR continued
d. Resolutions:
7.d.1. Resolution identifying vendors, healthcare plans, and rates for City-wide health insurance plans for eligible active and retired employees for the 2026plan year. (The Personnel Committee recommends approval of resolution and 2026renewal package.)
RES 111-2025
7.d.2. Resolution confirming approval by the City Manager designee of the Code Enforcement Manager’s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. (Staff recommends adoption of the resolution.)
RES 112-2025
7.d.3. Resolution determining that the three RoFAS Septage Units for the operation of the septage units at Wastewater Treatment Plant No. 2 and No.3 cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding (not to $1,611,031).
(Staff recommends adoption of the resolution.)
RES 113-2025
7.d.4. Dispense with bidding for Ice Plant Upgrade at the Valley Children's Ice Center (Staff recommends approval resolution, agreement, and the City controlled contingency.)
1. Resolution determining that ice plant upgrade work can most efficiently be procured through cooperative procurement bidding procedures from CIMCO Refrigeration Inc. and authorizing the Finance Director to dispense with bidding.
RES 114-2025
2. Approve agreement with CIMCO Refrigeration Inc. ($2,790,738) for ice plant upgrade at the Valley Children’s Ice Center of Bakersfield.
AGR 2025-177
3. Authorize staff to approve, as necessary, up to $109,262 in City-controlled contingency for unforeseen conditions encountered during the construction of the project for a total budget amount of$2,900,000. (Ward 2)
7.d.5. Resolution to add the following area to the Consolidated MaintenanceDistrict and approving, confirming, and adopting the Public Works Director’s Report: Area 5-126 (7960 S. Union Avenue): Street Tier = 1; Park Tier = 0 – (Ward 1) (Staff recommends adoption of the resolution.)
RES 115-2025
7.e. Agreements:
7.e.1. Agreement with Kern Community College District (not to exceed $847,500) for Workforce Development Plan and Economic Opportunities Plan. (Wards 1, 2 & 3) (Staff recommends approval of the agreement.)
AGR 2025-178
Bakersfield, California, September 24, 2025 - Page 5
7. CONSENT CALENDAR continued
7.e.2. Agreement with Community Action Partnership (not to exceed $4,630,005.60) for Low Income Energy Project.
(Staff recommends approval of the agreement.)
AGR 2025-179
7.e.3. Agreement with Citiguard, Inc. (not to exceed $900,000), to provide onsite security at the Bakersfield Amtrak/Greyhound Station. (Ward 2)
(Staff recommends approval of the agreements.)
AGR 2025-180
7.e.4. Agreement with Trans-West Security Inc. (not to exceed $470,000), to provide site security services at the 18th & Eye Street Parking Garage and City Hall North for the next two fiscal years.
(Staff recommends approval of the agreement.)
AGR 2025-181
7.e.5. Final Map and Improvement Agreement with Ben Dominguez requesting to enter into an agreement so the final map for Parcel Map 12423 located at the southwest corner of E. 21st Street and Gage Street can be approved and recorded. (Ward 2) (Staff recommends approval of the Final Map and Improvement Agreement.)
AGR 2025-182
7.e.6. Final Map, Improvement Agreement, and Private Landscape Agreement with Jeremy Willer Construction, Inc., Developer is requesting to enter into agreements so the final map for Tract 7433, located on the north of Berkshire Road and east of South H Street, can be approved and recorded. (Ward 7)
(Staff recommends approval of the Final Map, Improvement Agreement, and Private Landscape Agreement.)
AGR 2025-183, AGR 2025-184
7.e.7. Amendment No. 5 to Agreement No. 2021-199 with Bakersfield ARC Inc. (extending term one year), to continue routine maintenance services at the City’s Materials Recovery Facility (MRF).
(Staff recommends approval of the amendment.)
AGR 2021-199 (5)
7.e.8. Amendment No.1 to Agreement No. 2024-251 with JCI Jones Chemicals, Inc. (increase compensation by $102,000; revised not to exceed $288,190 and extend the term by one year), to continue the supply of sodium hypochlorite. (Staff recommends approval of the amendment.)
AGR 2024-251 (1)
7.e.9. Amendment No. 3 to Agreement No. 2023-042 with Speridian Technologies ($60,000; revised not to exceed $1,231,253) to complete Business Licensing module for the community development software.
(Staff recommends approval of the amendment.)
AGR 2023-042 (3)
Bakersfield, California, September 24, 2025 - Page 6
7. CONSENT CALENDAR continued
7.e.10. Amendment No. 1 to Agreement No. 2025-058 with Ardurra Group Inc. (to increase compensation by $69,775; revised not to exceed $354,670), to provide Design Services for L-208 TCP Removal Project.
(Staff recommends approval of the amendment.)
AGR 2025-058 (1)
7.e.11. Amendment No. 1 to Agreement No. 2024-188 with Crider Construction Inc. (to increase compensation by $200,000; revised not to exceed $500,000), to provide On Call Wastewater Maintenance Services for the Wastewater Division. (Staff recommends approval of the amendment.)
AGR 2024-188 (1)
7.e.12. Amendment No. 1 to Agreement No. 2024-189 with GSE Construction Company Inc. (to increase compensation by $500,000; revised not to exceed $800,000), to provide on call Wastewater Maintenance for the Wastewater Division. (Staff recommends approval of the amendment.)
AGR 2024-189 (1)
7.e.13. Contract Change Order No. 2 to Agreement No. 2024-090 with High-Light Electric Inc. ($22,542.85; revised not to exceed $690,397.08), for the Adaptive Signal Coordination Mt Vernon Avenue between Bernard Street and Panorama Drive. (Ward 3)
(Staff recommends approval of the change order.)
CCO 2024-090 (2)
7.e.14. Contract Change Order No. 2 to Agreement No. 2024-298 with Cen-Cal Construction ($35,900.40 revised not to exceed $744,745.61) for the pedestrian safety improvements of Old Farm Road and Morning Drive. (Wards 3 & 4) (Staff recommends approval of the change order.)
CCO 2024-298 (2)
7.f. Bids:
7.f.1. Sewer Lift Station Rehabilitation at Fairfax Rd and Paladino Dr (Staff recommends acceptance of the bid, approval of contract, and approval of City-controlled contingency.)
1. Accept bid and approve contract with GSE Construction Company ($2,265,800) for said project.
AGR 2025-185
2. Authorize staff to approve, as necessary, up to $150,000 in City controlled contingency for unforeseen conditions encountered during construction of the project. (Ward 3)
7.g. Miscellaneous:
7.g.1. Acknowledgment of budgetary exception to enterprise fund. (Staff recommends Council acknowledge/approve budgetary exception to enterprise fund.)
7.h. Successor Agency Business:
None.
Bakersfield, California, September 24, 2025 - Page 7
7. CONSENT CALENDAR continued
7.i. Public Safety/Vital Services Measure:
None.
City Clerk Drimakis announced a staff memorandum was received for item 7.a.1. transmitting corrected minutes.
Motion by Vice Mayor Kaur to adopt Consent Calendar items 7.a. through 7.i.
Motion approved with Councilmember Weir absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
8.a. Public Hearing to consider Action Plan Amendment to HUD Action Plan Fiscal Year 2025-26
Fiscal Year (FY) 2025-26 Amendment No.1: Transfer funds from New Construction Assistance ($1,205,825.33 HOME), FY24-25 CHDO Set Aside ($214,187 HOME), FY25-26 CHDO Set Aside ($223,873 HOME), and FY25-26 Additional Program Income ($956,114.67) for a total allocation of $2,600,000 for the Eye Street Project. (Ward 2)
(Staff recommends the approval of the Action Plan Amendment.)
8.b. Public hearing to consider resolution adopting sewer connection fees for Fiscal Year 2025-26.
(Staff recommends adoption of the resolution.)
REMOVED FOR SEPARATE CONSIDERATION.
Dave Dmohowski requested item 8.b. removed for separate discussion.
Consent Calendar Public Hearing items 8.a. opened at 5:37 p.m.
Consent Calendar Public Hearing item 8.a. closed at 5:38 p.m.
Motion by Vice Mayor Kaur to adopt Consent Calendar Public Hearing item 8.a.
Motion approved with Councilmember Weir absent.
9. HEARINGS
9.a. Public hearing to consider Planning Commission's approval of General Plan Amendment to update the 6th Cycle Housing Element and its proposed Notice of Exemption.
The City of Bakersfield is proposing a General Plan Amendment to update the Housing Element.
This Request includes: A Resolution adopting a General Plan Amendment to update the 6th cycle Housing Element 2023-2031 for the City of Bakersfield and its Notice of Exemption.
(Staff recommends adoption of the resolution.)
RES 117-2025
City Clerk Drimakis announced that a staff memorandum had been provided transmitting correspondence and voluminous attachments that could not be duplicated in time for the meeting. As a result, these materials were available for review at the Clerk's station that evening and would be accessible to the public during business hours at the City Clerk’s Office.
Bakersfield, California, September 24, 2025 - Page 8
9. HEARINGS continued
Development Services Director Burns, made staff comments and introduced Kassandra Gale from Rincon who provided a PowerPoint presentation.
Public Hearing item 9.a, opened at 5:49 p.m.
Emma De La Rosa, Leadership Council for Justice and Accountability, spoke in opposition to staff's recommendation.
Dave Dmohowski, Home Builders Association of Kern County, spoke in support of staff's recommendation.
Public Hearing item 9.a., closed at 5:58 p.m.
Councilmember Gonzales made a referral that staff come back to a future meeting with a recommendation regarding an addendum for monitoring demographic data.
Motion by Vice Mayor Kaur to adopt the proposed 2023-2031 Housing Element and approve the related general plan amendment with associated notice of exemption per the California Environmental Quality Act.
Motion approved with Councilmember Weir absent.
8.b. Public Hearing to consider a resolution adopting sewer connection fees for Fiscal Year 2025-26.
(Staff recommends approval of the resolution.)
RES 116-2025
City Manager Clegg made staff comments.
Public Hearing item 8.b. was opened at 6:05 p.m.
The following speakers spoke in opposition to staff's recommendation: none.
The following speakers spoke in favor of staff's recommendation:
Dave Dmohowski, Home Builders Association of Kern County.
Public Hearing item 8.b., closed at 6:07 p.m.
Motion by Vice Mayor Kaur to adopt the resolution. Motion approved with Councilmember Weir absent.
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
Councilmember Gonzales requested staff collaborate with eScribe to add functionality for viewing Council speaker requests and maintaining a queue of speakers.
Bakersfield, California, September 24, 2025 - Page 9
13. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Gonzales requested staff provide a thorough presentation on the City’s reserve funds balance including comparable to other cities to the full City Council at a future meeting.
Councilmember Smith highlighted the strong attendance at the Jail Bed Task Force meeting held earlier today.
Councilmember Arias expressed appreciation to Assistant City Manager Anthony for the Stiern Park restrooms project.
Councilmember Arias requested staff explore a potential partnership with Kern Delta regarding the development of a multi-use path along the canal on South H Street from Ming Avenue south to the end of the city boundary.
14. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:15 p.m.
______________________________
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
___________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, September 24, 2025 - Page 10
***THIS PAGE INTENTIONALLY LEFT BLANK***
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: September 26, 2025
SUBJECT: Receive and file payments from September 12, 2025, to September 25, 2025, totaling $21,933,428.64.
as follows: department payments in the amount of $21,489,213.78, and Self Insurance payments in the amount of $444,214.86.
RECOMMENDATION:
Staff recommends receiving and filing the report.
BACKGROUND:
In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the City's disbursements periodically to the City Council.
FISCAL IMPACT:
$21,933,428.64
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. AP Check Register 10.8.25
2. Oracle AP Check Register 10.8.25
9/26/2025 CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 1
Check Number Vendor Number Vendor Name Check Date Check Amount 775236 10204 ASSOCIATION BKFD POLICE OFFICER FCU Sep 12, 2025 $24,662.36 775237 10200 BAKERSFIELD CITY FIREFIGHTERS Sep 12, 2025 $8,008.67 775238 10211 BAKERSFIELD FIREMEN Sep 12, 2025 $14,824.38 775239 10203 BAKERSFIELD POLICE BENEFIT Sep 12, 2025 $36,523.98 775240 10047 MISC RECEIVABLE REFUND VENDOR Sep 12, 2025 $1,716.09 775241 10205 MUTUAL BENEFIT ASSOCIATION Sep 12, 2025 $2,625.56 775242 26810 RELIASTAR LIFE INSURANCE CO Sep 12, 2025 $4,024.02 775243 22324 SEIU LOCAL 521 Sep 12, 2025 $23,981.60 775244 33184 EYEMED Sep 18, 2025 $5,819.37 775245 26810 RELIASTAR LIFE INSURANCE CO Sep 18, 2025 $5,040.40 775246 30027 U S BANK - PARS #6746022400 Sep 18, 2025 $4,725.01 775247 30029 UNITED CONCORDIA DENTAL PLANS OF CA Sep 18, 2025 $68,941.57 775248 30020 UNUM Sep 18, 2025 $6,873.43 775249 10047 MISC RECEIVABLE REFUND VENDOR Sep 25, 2025 $1,590.86 775250 10047 MISC RECEIVABLE REFUND VENDOR Sep 25, 2025 $1,571.47 9997675 10199 BAKERSFIELD CITY EMPLOYEE Sep 12, 2025 $207,539.00 9997676 30014 EMPLOYMENT DEVELOPMENT DEPT Sep 12, 2025 $372,726.04 9997677 10217 I C M A RETIREMENT TRUST-303749 Sep 12, 2025 $61,463.40 9997678 30010 IRS Sep 12, 2025 $1,004,868.23 9997679 16863 NATIONWIDE RETIREMENT SOLUTIONS Sep 12, 2025 $171,930.86 9997680 20699 VANTAGEPOINT TRANSFER AGENTS C/O Sep 12, 2025 $66,963.99 9997681 30028 BLUE SHIELD OF CALIFORNIA-P Sep 18, 2025 $715,753.71 9997682 30021 KAISER PERMANENTE Sep 18, 2025 $343,058.40 9997683 10206 STATE OF CALIF - PERS Sep 18, 2025 $1,679,345.98 9997684 30022 IRS / FDRF Sep 25, 2025 $146.00 9997685 30025 STATE DISBURSEMENT UNIT Sep 25, 2025 $20,894.95 26 Overall - Count
Overall - Total $4,855,619.33
$4,855,619.33
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Amount
804524 5210 AIMS C/O HANNA BROPHY MACLEAN 9/18/2025 202.50$ 804525 5210 AIMS C/O YRULEGUI & ROBERTS APC 9/18/2025 1,533.99$ 804531 5210 ALLIANT INSURANCE SERVICES, INC 9/18/2025 13,042.00$ 804563 5210 C&C ACQUISITION GROUP LLC C/O MD ATKINS 9/18/2025 1,612.27$ 804591 5210 DANIEL BALES 9/18/2025 1,200.00$
804614 5210 ERICK ALBERTO GONZALEZ 9/18/2025 5,522.75$
804617 5210 FEDEX 9/18/2025 29.33$
804645 5210 INSURICA INSURANCE SERVICES LLC 9/18/2025 3,677.00$ 804679 5210 MEMORIAL OCCUPATIONAL MEDICINE 9/18/2025 902.00$ 804755 5210 TREK DIGITAL PRODUCTS INC 9/18/2025 127.74$ 804779 5210 Andreina C Cruz 9/19/2025 210.00$
804781 5210 Miriam M Loera 9/19/2025 42.00$
804784 5210 Armando Gutierrez 9/19/2025 160.00$
804794 5210 Duran Hathaway 9/19/2025 119.06$
804797 5210 Hector Perezchica 9/19/2025 160.00$
804801 5210 Josue Martinez-Duran 9/19/2025 160.00$
804803 5210 Keianna S Fernandez 9/19/2025 160.00$
804855 5210 CLIFFORD & BROWN 9/25/2025 27,500.00$
804865 5210 LAW OFFICES OF DAVID MAMANN 9/25/2025 100,000.00$ 804867 5210 MARDEROSIAN & COHEN 9/25/2025 140,000.00$
804940 5210 STINSON STATIONERS 9/25/2025 9,890.57$
804956 5210 AIMS C/O HANNA BROPHY MACLEAN 9/25/2025 9,665.50$ 805032 5210 CVP INVESTMENTS INC DBA RUSTY'S PIZZA 9/25/2025 9,703.19$ 805200 5210 NADINE YEARY 9/25/2025 3,472.20$
805285 5210 TERI HARLESS 9/25/2025 3,859.18$
9998479 5210 WELLS FARGO BANK 9/18/2025 111,263.58$
804422 4310 A T & T 9/18/2025 198.55$
804423 0110 A T & T MOBILITY 9/18/2025 44.87$
804424 4410 CALIFORNIA WATER SERVICE 9/18/2025 4,570.62$ 804425 4410 CALIFORNIA WATER SERVICE 9/18/2025 1,683.40$ 804427 4120 CALIFORNIA WATER SERVICE 9/18/2025 57,567.92$ 804431 0110 CITY OF BAKERSFIELD 9/18/2025 32,185.75$
804432 0110 CITY OF BAKERSFIELD 9/18/2025 4,304.28$
804433 1860 COMPASSION CHRISTIAN CENTER 9/18/2025 9,802.22$ 804434 1860 COMPASSION CHRISTIAN CENTER 9/18/2025 10,804.47$ 804435 0110 DEPARTMENT OF GENERAL SERVICES 9/18/2025 446.25$ 804436 0110 DEPARTMENT OF INDUSTRIAL RELATIONS 9/18/2025 2,025.00$ 804437 5110 DEPARTMENT OF MOTOR VEHICLES 9/18/2025 5,183.00$ 804439 0110 GREENFIELD COUNTY WATER DIST 9/18/2025 3,308.75$ 804440 1510 KERN COUNTY CLERKS 9/18/2025 50.00$
804441 4410 KERN COUNTY WATER AGENCY 9/18/2025 662.00$
804442 4410 KERN COUNTY WATER AGENCY 9/18/2025 108,895.00$ 804443 4210 MINUTEMAN PRESS 9/18/2025 9,846.20$
804444 4310 NORTH KERN WATER STORAGE DISTRICT 9/18/2025 9,879.18$ 804446 4410 PACIFIC GAS & ELECTRIC COMPANY 9/18/2025 45,478.82$ 804447 0110 SOCALGAS 9/18/2025 67.68$
804448 4120 VAUGHN WATER CO., INC. 9/18/2025 68.88$
804449 0110 VORTEX AQUATIC STRUCTURES 9/18/2025 4,485.38$ 804453 5110 ADVANCED DISTRIBUTION CO 9/18/2025 30,626.97$ 804457 0110 BAKER SUPPLIES AND REPAIRS 9/18/2025 6,997.93$ 804463 0110 CINTAS CORPORATION NO. 2 9/18/2025 8,525.39$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 2
Payment
Number Fund Vendor Name Check Date Check Amount
804465 0110 CLIFFORD & BROWN 9/18/2025 7,340.00$
804467 5110 FAST UNDERCAR LLC 9/18/2025 3,519.70$
804472 4410 FRUIT GROWERS LABORATORY INC 9/18/2025 10,921.00$ 804474 5110 GOLDEN STATE PETERBILT 9/18/2025 4,736.95$
804476 5110 GRAINGER INC, W W 9/18/2025 3,815.00$
804479 1510 GRANITE CONSTRUCTION INC 9/18/2025 308,011.53$ 804482 0110 HOME DEPOT 9/18/2025 3,317.86$
804484 5110 JERRY & KEITHS INC 9/18/2025 2,953.72$
804486 5110 JIM BURKE FORD 9/18/2025 11,449.72$
804489 0110 KERN TURF SUPPLY 9/18/2025 4,817.34$
804491 4410 MEYER CIVIL ENGINEERING INC 9/18/2025 16,731.00$ 804493 5110 MICHELIN NORTH AMERICA INC 9/18/2025 12,508.09$ 804497 0110 O'REILLY AUTO PARTS 9/18/2025 7,433.29$
804499 0110 RANCHO TREE SERVICE 9/18/2025 46,893.50$
804505 4120 STINSON STATIONERS 9/18/2025 31,757.66$
804507 5110 TYACK TIRES INC 9/18/2025 4,548.84$
804513 0140 VESTIS SERVICES LLC 9/18/2025 9,963.46$
804514 0110 4 IMPRINT INC 9/18/2025 1,721.14$
804515 4410 A 1 ANSWERING SERVICE 9/18/2025 329.96$
804516 0110 A S C A P 9/18/2025 3,442.33$
804517 5110 A T & T 9/18/2025 48,219.38$
804518 0110 ABC OCCUPATIONAL MEDICAL CENTER 9/18/2025 1,692.00$ 804519 9110 AC PIPE & EQUIPMENT, LLC 9/18/2025 151.66$
804520 0110 ACC BUSINESS 9/18/2025 1,486.99$
804521 0110 ADVANCED DATA STORAGE INC 9/18/2025 1,104.00$ 804522 4120 AECOM TECHNICAL SERVICES INC 9/18/2025 22,483.75$ 804523 5110 AFFINITY TRUCK CENTER 9/18/2025 281.85$
804526 0110 ALEX BERNAL 9/18/2025 200.00$
804527 3120 ALL AMERICAN GLASS 9/18/2025 397.50$
804528 5110 ALL THAT LETTERING SIGN COMPANY 9/18/2025 178.62$ 804529 0110 ALL THREE SHUTTLE SERVICE 9/18/2025 500.00$ 804530 0110 ALL TREE CARE 9/18/2025 1,200.00$
804532 9110 ALMA VARGAS 9/18/2025 353.15$
804533 5110 ALUMINUM CHUCK WAGON 9/18/2025 1,829.87$
804534 0110 ANDREA PFLUGH - REFUND 9/18/2025 144.00$
804535 0110 ANDREW ESQUIVEL 9/18/2025 400.00$
804536 0110 ANTHONY BACA 9/18/2025 400.00$
804537 5110 APPLIED LNG TECHNOLOGIES LLC 9/18/2025 10,217.05$ 804538 0110 ARGO CHEMICAL INC 9/18/2025 16,681.27$
804539 5110 ARMOR COATINGS 9/18/2025 974.26$
804540 0110 ARTHUR JOVEN 9/18/2025 125.00$
804541 3170 ARTS COUNCIL OF KERN 9/18/2025 5,886.02$
804542 5110 AUTO TECH AND SMOG 9/18/2025 450.00$
804543 5110 AUTO TINT WEST INC 9/18/2025 540.49$
804544 5110 AUTOZONE STORES INC 9/18/2025 199.94$
804545 5110 B & B SURPLUS 9/18/2025 155.61$
804546 4210 BAKERSFIELD ARC 9/18/2025 1,488.39$
804547 0110 BAKERSFIELD LARGE ANIMAL HOSPITAL 9/18/2025 659.09$ 804548 5110 BARNETT'S TOWING SERVICE INC 9/18/2025 100.00$ 804549 3120 BENDER ROSENTHAL INC 9/18/2025 2,078.11$
804550 5110 BERCHTOLD EQUIPMENT CO 9/18/2025 22,433.81$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 3
Payment
Number Fund Vendor Name Check Date Check Amount
804551 5110 BLACKHOLE TECHNOLOGIES INC 9/18/2025 46,242.40$ 804552 1520 BLUEPRINT SERVICE CO 9/18/2025 99.80$
804553 0110 BOLLES NURSERY LANDSCAPE 9/18/2025 881.15$
804554 5110 BORN AGAIN BODYWORKS 9/18/2025 10,318.46$
804555 0110 BRADY INDUSTRIES 9/18/2025 3,991.50$
804556 0110 BRANDED FEED & FARM SUPPLY LLC 9/18/2025 6,369.43$ 804557 5110 BROCKS TRAILER 9/18/2025 902.95$
804558 4210 BROOKS DOUGLASS - REFUND 9/18/2025 23.63$
804559 4310 BSK ASSOCIATES 9/18/2025 83,525.75$
804560 5110 BUDGET BOLT INC 9/18/2025 27.01$
804561 5110 BUDS BRAKE & WHEEL PARTS 9/18/2025 14.07$
804562 1210 C A RASMUSSEN INC 9/18/2025 1,560,648.98$
804564 4210 CALIFORNIA HIGHWAY ADOPTION CO 9/18/2025 51,880.00$ 804565 0140 CASEGUARD, INC 9/18/2025 29,746.00$
804566 6110 CASTLE & COOKE COMML CA 9/18/2025 105.00$
804567 6110 CASTLE & COOKE COMML CA 9/18/2025 105.00$
804568 6110 CASTLE & COOKE COMML CA 9/18/2025 105.00$
804569 6110 CASTLE & COOKE COMML CA INC 9/18/2025 698.79$ 804570 1810 CELLEBRITE INC 9/18/2025 5,320.00$
804571 4310 CEN-CAL CONSTRUCTION INC 9/18/2025 64,091.30$ 804572 1510 CENTENNIAL ASPHALT COMPANY 9/18/2025 2,895.66$ 804573 5110 CENTRAL CALIFORNIA POWER INC 9/18/2025 398.97$ 804574 9110 CENTRAL CITY ENTERPRISES 9/18/2025 2,120.41$ 804575 4310 CHAMPION HARDWARE 9/18/2025 438.04$
804576 5110 CHESTER AVENUE BRAKE & SUPPLY 9/18/2025 287.34$ 804577 0110 CHRISTOPHER ROBERTSON 9/18/2025 200.00$
804578 4410 CLARK PEST CONTROL INC 9/18/2025 180.00$
804579 5110 CLEAN ENERGY INC 9/18/2025 5,134.17$
804580 5110 COASTLINE EQUIPMENT 9/18/2025 1,313.18$
804581 0110 COLANTUONO HIGHSMITH & WHATLEY PC 9/18/2025 592.50$ 804582 0110 COMMUNITY ACTION PARTNERSHIP OF KERN 9/18/2025 31,217.18$ 804583 1740 COMPRESSED AIR SPECIALTIES INC 9/18/2025 552.00$ 804584 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 9/18/2025 1,770.96$ 804585 9110 CONTAINER MANAGEMENT-STOCKDALE 9/18/2025 4,233.20$ 804586 9110 CONTINENTAL FLOORING, INC 9/18/2025 500.06$ 804587 5110 CONTROLLED MOTION SOLUTIONS INC 9/18/2025 11.05$ 804588 0120 CULLIGAN WATER CONDITIONING 9/18/2025 722.00$ 804589 9110 CURTIS AVIS 9/18/2025 783.66$
804590 0110 CVIN LLC DBA VAST NETWORKS 9/18/2025 1,199.00$ 804592 0110 DAVES ALL N ONE CLEANING/HAULING SERVIC 9/18/2025 499.00$ 804593 5110 DAVES FLEET MAINT & TOWING INC 9/18/2025 150.00$ 804594 5110 DELL MARKETING L P 9/18/2025 19,823.86$
804595 4210 DELTA LIQUID ENERGY 9/18/2025 412.91$
804596 6150 DHF PEACE AND JUSTICE CORPORATION - REF 9/18/2025 300,525.88$ 804597 9110 DIAMOND PEAK CONSTRUCTION 9/18/2025 805.47$ 804598 6110 DOLLAR TREE # 2759 9/18/2025 219.00$
804599 6110 DOLLAR TREE #1262 9/18/2025 377.00$
804600 6110 DOLLAR TREE #2121 9/18/2025 293.00$
804601 6110 DOLLAR TREE #2287 9/18/2025 377.00$
804602 6110 DOLLAR TREE #2964 9/18/2025 293.00$
804603 6110 DOLLAR TREE #5793 9/18/2025 219.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 4
Payment
Number Fund Vendor Name Check Date Check Amount
804604 5110 DOUGLASS TRUCK BODIES INC 9/18/2025 74.38$
804605 9110 DRM-WALGREENS #3272 9/18/2025 238.59$
804606 0110 DUANE MORRIS LLP 9/18/2025 57,587.50$
804607 5110 E J WARD INCORPORATED 9/18/2025 3,813.62$
804608 0140 EAN SERVICES LLC 9/18/2025 18,133.54$
804609 5110 Eduardo Arce 9/18/2025 700.00$
804610 5110 ELBERT DISTRIBUTING 9/18/2025 532.38$
804611 0140 EMTS INC 9/18/2025 6,530.00$
804612 0110 ENTENMANN ROVIN CO 9/18/2025 182.88$
804613 0110 ENVIROTEK CORPORATION 9/18/2025 4,943.59$
804615 5110 F F GOMEZ INC 9/18/2025 3,864.56$
804616 6110 FAMILY DOLLAR #29346 9/18/2025 293.00$
804618 0140 FEDEX 9/18/2025 37.43$
804619 4120 FERGUSON ENTERPRISES INC 9/18/2025 6,092.54$ 804620 5110 FFP FUND VI P2 PROJECTCO3 LLC 9/18/2025 26,150.79$ 804621 0120 FIRST CHOICE COFFEE SERVICES INC 9/18/2025 1,229.57$ 804622 5110 FLEET PRIDE INC 9/18/2025 18.14$
804623 5110 FLEET SERVICES TOWING INC 9/18/2025 100.00$ 804624 0110 FLOOD BAKERSFIELD MINISTRIES 9/18/2025 24,067.13$ 804625 0110 FOREFRONT POWER DEVELOPMENT LLC 9/18/2025 9,679.86$ 804626 0110 FRED C GILBERT CO 9/18/2025 4,525.78$
804627 0110 FUNCTIONAL ERGONOMICS INC 9/18/2025 350.00$ 804628 0110 GARDENERS SUPPLY INC 9/18/2025 1,296.84$
804629 0110 GCI EQUIPMENT RENTAL 9/18/2025 211.09$
804630 0140 GHA TECHNOLOGIES INC 9/18/2025 5,795.05$
804631 5110 GIBBS INTERNATIONAL TRUCK CENTER 9/18/2025 362.52$ 804632 5110 GOLDEN EMPIRE TOWING INC 9/18/2025 437.50$
804633 4120 GOLDSTREET DESIGN AGENCY INC 9/18/2025 1,975.59$ 804634 0110 GOVINVEST INC 9/18/2025 47,500.00$
804635 5110 GREGS PETROLEUM SERVICES INC 9/18/2025 11,474.52$ 804636 5110 H & S BODY WORKS & TOWING 9/18/2025 150.00$ 804637 4120 H & S HOSE & SUPPLY INC 9/18/2025 1,799.12$ 804638 5110 HADDAD DODGE 9/18/2025 2.65$
804639 0140 HANSENS MOVING & STORAGE INC 9/18/2025 9,697.50$ 804640 0110 HARDER + COMPANY COMMUNITY RESEARCH 9/18/2025 5,906.63$ 804641 0140 HISTORIC RESOURCE GROUP 9/18/2025 3,467.92$ 804642 0110 HOME DEPOT PRO 9/18/2025 2,110.87$
804643 0110 HYDRAULIC CONTROLS INC 9/18/2025 195.51$
804644 1860 INNOVATIVE ENGINEERING SYSTEMS INC DBA 9/18/2025 271,446.07$ 804646 9110 ISG GENERAL CONSTRUCTION 9/18/2025 971.39$
804647 5110 IT DEVICES ONLINE INC 9/18/2025 45,531.91$
804648 0110 JAM SERVICES INC 9/18/2025 2,598.00$
804649 6110 JENNIFER IRVIN 9/18/2025 74.65$
804650 5110 JIM BURKE LINCOLN MERCURY 9/18/2025 22,253.44$ 804651 5110 JIMS TOWING INC 9/18/2025 150.00$
804652 3110 JTS CONSTRUCTION INC 9/18/2025 237,230.86$
804653 0110 JUAN EUGENE WILSON 9/18/2025 200.00$
804654 0110 JUAN GARCIA 9/18/2025 150.00$
804655 4210 K & I SERVICES INC 9/18/2025 25,750.00$
804656 5110 K & R TOWING 9/18/2025 100.00$
804657 0140 KERN BUILDING MATERIALS 9/18/2025 1,112.45$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 5
Payment
Number Fund Vendor Name Check Date Check Amount
804658 0140 KERN COMMUNITY COLLEGE DISTRIC 9/18/2025 920.00$ 804659 1110 KERN COUNTY PUBLIC HEALTH SERVICES DEPA 9/18/2025 208,247.04$ 804660 4210 KERN COUNTY PUBLIC WORKS 9/18/2025 271,011.55$ 804661 5110 KERN COUNTY SUPERINTENDENT OF SCHOOLS 9/18/2025 38,455.23$ 804662 5110 KERN MACHINERY INC 9/18/2025 2,121.58$
804663 0110 KERN MEDICAL 9/18/2025 2,810.10$
804664 0110 KERN SPRINKLER LANDSCAPING INC 9/18/2025 2,992.70$ 804665 0110 KEVIN DALMAS 9/18/2025 475.00$
804666 4510 KNIGHTS SITE SERVICES INC 9/18/2025 470.79$ 804667 0110 L N CURTIS & SONS 9/18/2025 58,197.28$
804668 0110 LEANDRO OLIVAREZ 9/18/2025 500.00$
804669 5110 LEHR 9/18/2025 530.33$
804670 1120 LETZRING RAD LP C/O HOUSING AUTHORITY O 9/18/2025 195,674.84$ 804671 0110 LEXISNEXIS RISK SOLUTIONS INC 9/18/2025 3,126.60$ 804672 0110 LIEBERT CASSIDY WHITMORE 9/18/2025 6,615.00$ 804673 4510 LINDE GAS & EQUIPMENT DBA PRAXAIR 9/18/2025 87.48$ 804674 6110 LONI O'DONLEY 9/18/2025 70.20$
804675 0110 LUCKY 1 MARKET C/O KHALED A. ALWAGDI- R 9/18/2025 378.00$ 804676 4120 M & S SECURITY SERVICES 9/18/2025 4,275.60$ 804677 9110 MANCHESTER VILLAGE 9/18/2025 748.69$
804678 5110 MAR-CO EQUIPMENT CORP 9/18/2025 345.29$
804680 0140 MERCY HOUSE LIVING CENTERS 9/18/2025 489,436.18$ 804681 6110 MICHAEL RENTERIA 9/18/2025 160.00$
804682 6110 MICHAEL RENTERIA 9/18/2025 75.76$
804683 0110 MINUTEMAN PRESS 9/18/2025 1,058.26$
804684 9110 MIRACLE DEVELOPMENT 9/18/2025 501.24$
804685 4410 MISSION BANK 9/18/2025 2,216.45$
804686 0110 MIWALL CORPORATION 9/18/2025 12,946.70$
804687 0140 MJS SOLUTIONS LLC 9/18/2025 500.00$
804688 5110 MOTION INDUSTRIES INC 9/18/2025 56.10$
804689 5110 MOTOR CITY SALES & SERVICE 9/18/2025 465.70$ 804690 5110 NAPA TRUCK & TRAILER 9/18/2025 248.33$
804691 0140 NEON ONE LLC 9/18/2025 959.63$
804692 4120 NEW GEN ENGINEERING GROUP INC DBA MCINT 9/18/2025 660.00$ 804693 0140 NEWMARK & COMPANY REAL ESTATE INC 9/18/2025 38,665.00$ 804694 4410 NICHOLAS CONSTRUCTION INC 9/18/2025 480,156.60$ 804695 0140 O'CONNOR PEST CONTROL 9/18/2025 60.00$
804696 3120 ORDIZ MELBY INC 9/18/2025 874.98$
804697 6310 P & A ADMINISTRATION SERVICES INC 9/18/2025 8,778.17$ 804698 1510 PACIFIC PRODUCTS & SERVICES LLC 9/18/2025 4,666.55$ 804699 5110 PAPE KENWORTH 9/18/2025 41.41$
804700 4210 PATRIOT ENVIRONMENTAL SERVICES 9/18/2025 300.00$ 804701 5110 PAYLESS TOWING 9/18/2025 150.00$
804702 5110 PERCIVAL LOCKSMITH 9/18/2025 52.48$
804703 0110 PET WASTE ELIMINATOR BFT 9/18/2025 1,472.20$ 804704 0110 PIONEER PAINT 9/18/2025 9,114.92$
804705 0110 PREMIER OVERHEAD DOOR & GATES 9/18/2025 1,158.20$ 804706 4210 PREMIER VALLEY TRANSPORT INC 9/18/2025 9,600.00$ 804707 4110 PRIMO BRANDS 9/18/2025 759.24$
804708 4410 PROVOST & PRITCHARD CONSULTING INC 9/18/2025 9,858.50$ 804709 5110 PULLTARPS MFG 9/18/2025 979.55$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 6
Payment
Number Fund Vendor Name Check Date Check Amount
804710 5110 QCS QUICK CUSTOM SIGNS 9/18/2025 528.00$
804711 4310 QK 9/18/2025 9,933.50$
804712 9110 QUALITY EQUIP MGMT-WHITE LN 9/18/2025 3,318.19$ 804713 5110 RANDYS TOWING LLC 9/18/2025 100.00$
804714 0110 READY REFRESH 9/18/2025 6.00$
804715 4210 REFRIGERATION SUPPLIES DIST. INC 9/18/2025 1,318.18$ 804716 6110 REGINA SHELTON DBA 2 QUEENS FITNESS 9/18/2025 110.50$ 804717 9110 RELIANT TOWER LLC 9/18/2025 68.94$
804718 5110 RENEWELL FLEET SERVICE LLC 9/18/2025 3,107.62$ 804719 5110 RICHARDS CRANE SERVICE LLC 9/18/2025 3,892.59$ 804720 5110 ROADLINE PRODUCTS INC 9/18/2025 864.92$
804721 0110 ROBERT FOX 9/18/2025 200.00$
804722 4210 SAN JOAQUIN FENCE & SUPPLY 9/18/2025 16,038.38$ 804723 5110 SAN JOAQUIN TIRES & WHEELS 9/18/2025 4,958.07$ 804724 6110 SAVE A LIFE TODAY 9/18/2025 500.00$
804725 0110 SCP DISTRIBUTORS LLC 9/18/2025 2,083.40$
804726 1860 SELF HELP ENTERPRISES 9/18/2025 30,848.00$
804727 3120 SENDER CONSTRUCTION LLC 9/18/2025 16,563.47$ 804728 9110 SERVICE MASTER OF BAKERSFIELD 9/18/2025 509.80$ 804729 0110 SHERWIN WILLIAMS COMPANY 9/18/2025 3,976.01$ 804730 4310 SIERRA HYDROGRAPHICS 9/18/2025 4,920.93$
804731 5110 SILVAS OIL CO INC 9/18/2025 21,825.47$
804732 5110 SMITH & SON TIRE INC 9/18/2025 5,075.59$
804733 0110 SNIDER'S INC 9/18/2025 87.68$
804734 4510 STANDARD PLUMBING SUPPLY DBA FLOYDS 9/18/2025 111.83$ 804735 0110 STEVE HOLLOWAY PAINTING 9/18/2025 5,397.72$ 804736 0110 STEVEN P KINNEY 9/18/2025 145.00$
804737 5110 SUBURBAN PROPANE 9/18/2025 242.06$
804738 4310 SUNSHINE CLEANING SERVICES 9/18/2025 950.00$ 804739 0110 SWANK MOTION PICTURES INC 9/18/2025 580.00$ 804740 9110 SWEANEY INC 9/18/2025 1,617.53$
804741 0110 TARGET SPECIALTY PRODUCTS 9/18/2025 12,679.28$ 804742 0110 TATES JANITORIAL SERVICE 9/18/2025 5,000.00$ 804743 6110 TC INVESTMENTS BAKERSFIELD LLC 9/18/2025 20.00$ 804744 0110 TC WELDING & FABRICATION INC 9/18/2025 1,000.00$ 804745 4110 TEL TEC SECURITY SYSTEM INC 9/18/2025 350.00$ 804746 4210 TELSTAR INSTRUMENTS 9/18/2025 53,860.62$
804747 9110 TEMBLOR BREWING CO 9/18/2025 733.92$
804748 5110 TEN EIGHT TOW INC 9/18/2025 50.00$
804749 6110 THARALDSON HOSPITALITY DEVELOPMENT INC 9/18/2025 1,470.00$ 804750 4210 THE OPEN DOOR NETWORK 9/18/2025 108,592.36$ 804751 0110 TIMOTHY WAHL 9/18/2025 15.00$
804752 9110 TNT FIREWORKS 9/18/2025 673.39$
804753 4210 TOTER LLC 9/18/2025 49,975.12$
804754 4510 TRANS-WEST SECURITY INC 9/18/2025 1,132.87$ 804756 4210 TRINITY CONSULTANTS 9/18/2025 5,265.70$
804757 4410 UNIFIED FIELD SERVICES CORPORATION 9/18/2025 46,518.33$ 804758 3110 UNITED REFRIGERATION INC 9/18/2025 2,441.84$ 804759 4120 USP TECHNOLOGIES 9/18/2025 27,956.14$
804760 0140 VALLEY PRESSURE PROS INC 9/18/2025 11,350.00$ 804761 1910 VANGUARD CLEANING SYSTEMS INC 9/18/2025 693.75$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 7
Payment
Number Fund Vendor Name Check Date Check Amount
804762 0110 VERITEXT 9/18/2025 1,640.00$
804763 4110 VERIZON WIRELESS 9/18/2025 2,555.02$
804764 0110 VERIZON WIRELESS 9/18/2025 490.38$
804765 1740 VERIZON WIRELESS 9/18/2025 189.60$
804766 3120 VERTEX ONE SOFTWARE LLC 9/18/2025 14,187.41$ 804767 0110 VICTORY TACTICAL GEAR LLC 9/18/2025 584.31$ 804768 4120 VWR INTERNATIONAL 9/18/2025 319.26$
804769 0110 WEST PAYMENT CENTER 9/18/2025 1,840.94$
804770 0110 WHITE CAP CONSTRUCTION SUPPLY 9/18/2025 387.31$ 804771 5110 WILLIAMS CLEANING SYSTEMS INC 9/18/2025 282.80$ 804772 4410 WITCHER ELECTRIC INC 9/18/2025 5,673.00$
804773 6110 AD HERN CONSTRUCTION - REFUND 9/18/2025 1,100.00$ 804774 1510 AWP SAFETY 9/18/2025 5,166.62$
804775 3350 FIRST CHOICE COFFEE SERVICES INC 9/18/2025 1,140.57$ 804776 0110 KERN RIVER POWER EQUIPMENT 9/18/2025 1,278.64$ 804778 5110 PACIFIC GAS & ELECTRIC COMPANY 9/18/2025 10,934.27$ 804780 5110 CALIFORNIA DEPARTMENT OF TAX AND FEE AD 9/19/2025 125.00$ 804782 0140 Shayla N Woods-Collins 9/19/2025 52.00$
804783 0110 Aaron L Waddle 9/19/2025 942.00$
804785 0110 Brandon C Price 9/19/2025 373.00$
804786 1810 Brent P Stratton 9/19/2025 437.00$
804787 0110 Brian J Cushnyr 9/19/2025 172.00$
804788 0110 Brian T Holcombe 9/19/2025 537.00$
804789 0110 Carson L Puryear 9/19/2025 373.00$
804790 0110 Chad W Garrett 9/19/2025 430.00$
804791 1810 Charles W Jordan 9/19/2025 86.00$
804792 0110 Christian H Mejia 9/19/2025 942.00$
804793 0110 Christopher B Feola 9/19/2025 1,241.00$
804795 1810 Gregory L Terry 9/19/2025 437.00$
804796 0110 Heather M El Mallah 9/19/2025 2,335.25$
804798 0110 Isaac H Aleman 9/19/2025 373.00$
804799 0110 Jose F Quiroz 9/19/2025 942.00$
804800 0110 Joshua A Martinusen 9/19/2025 258.00$
804802 0110 Julian G Valenzuela 9/19/2025 2,056.66$
804804 1910 Kelly Kathleen Sloan 9/19/2025 294.00$
804805 0110 Kevin A Shipton 9/19/2025 373.00$
804806 0110 Linda C Evans 9/19/2025 123.00$
804807 1740 Liseth Pisano 9/19/2025 350.00$
804808 0140 Louis A James 9/19/2025 385.00$
804809 1740 Luke M Preece 9/19/2025 1,571.20$
804810 1740 Mark A Rodriguez 9/19/2025 175.00$
804811 0110 Matthew A Patrick 9/19/2025 258.00$
804812 1740 Melecio V Mahinan 9/19/2025 175.00$
804813 0110 Mikie K Barrett 9/19/2025 60.98$
804814 0110 Noe G Ramirez 9/19/2025 373.00$
804815 0110 Patrick P Harrelson 9/19/2025 406.00$
804816 1810 Paul D Bender 9/19/2025 86.00$
804817 0110 Richard J Dossey 9/19/2025 373.00$
804818 1810 Robert W Routh 9/19/2025 86.00$
804819 0110 Ryan P Clark 9/19/2025 373.00$
804820 0110 Scott G Barry 9/19/2025 2,358.27$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 8
Payment
Number Fund Vendor Name Check Date Check Amount
804821 0110 Shivam Sharma 9/19/2025 172.00$
804822 1810 Stephanie M Salmon 9/19/2025 437.00$
804823 0110 Taniya Wright 9/19/2025 550.00$
804824 0110 Travis E Harless 9/19/2025 373.00$
804825 0110 Trent A Alexander 9/19/2025 942.00$
804826 0110 Tristan T Braughton 9/19/2025 373.00$
804827 0110 Verion D Coleman Jr 9/19/2025 236.00$
804828 5110 A T & T 9/25/2025 9,251.20$
804829 5110 A T & T 9/25/2025 4,556.51$
804830 0140 A T & T MOBILITY 9/25/2025 6,496.31$
804831 0120 Ali Rasheed 9/25/2025 293.00$
804832 0110 AMERICAN SOCIETY OF CIVIL ENGINEERS 9/25/2025 326.00$ 804833 0110 Benjamin G Samano 9/25/2025 471.00$
804834 0140 BIOS HEALTH LTD 9/25/2025 125,000.00$
804835 4410 CALIFORNIA WATER SERVICE 9/25/2025 43,979.65$ 804836 4410 CALIFORNIA WATER SERVICE 9/25/2025 840,713.58$ 804837 4410 CALIFORNIA WATER SERVICE 9/25/2025 7,567.70$ 804838 4410 CALIFORNIA WATER SERVICE 9/25/2025 27,217.00$ 804839 4410 CALIFORNIA WATER SERVICE 9/25/2025 2,404.40$ 804840 4410 CALIFORNIA WATER SERVICE 9/25/2025 25,915.00$ 804841 4410 CALIFORNIA WATER SERVICE 9/25/2025 627.50$
804842 4410 CALIFORNIA WATER SERVICE 9/25/2025 73,476.00$ 804845 0110 CALIFORNIA WATER SERVICE 9/25/2025 331,826.92$ 804846 4410 CALIFORNIA WATER SERVICE 9/25/2025 2,158.34$ 804850 0140 CITY OF BAKERSFIELD 9/25/2025 13,838.65$
804851 4110 CITY OF BAKERSFIELD 9/25/2025 14,244.45$
804852 0110 CITY OF BAKERSFIELD 9/25/2025 180.00$
804853 5110 CITY OF BAKERSFIELD 9/25/2025 894.97$
804854 1510 CITY OF BAKERSFIELD 9/25/2025 310.00$
804856 0110 COMPASSION CHRISTIAN CENTER 9/25/2025 11,368.82$ 804857 0110 COMPASSION CHRISTIAN CENTER 9/25/2025 6,594.69$ 804858 0120 David A Johnston 9/25/2025 293.00$
804859 0110 Debra L Taliaferro 9/25/2025 174.00$
804860 0140 DEPARTMENT OF JUSTICE 9/25/2025 1,020.00$
804861 0120 Edgar B Solorzano 9/25/2025 293.00$
804862 0140 Jorge L Noriega 9/25/2025 471.00$
804863 0110 Kayla N Torres 9/25/2025 110.00$
804864 0110 KERN COUNTY PARALEGAL ASSOC 9/25/2025 240.00$ 804866 0110 LOCAL AGENCY FORMATION COMMISSION 9/25/2025 1,500.00$ 804868 0120 Nancy Garcia 9/25/2025 293.00$
804869 4120 PACIFIC GAS & ELECTRIC COMPANY 9/25/2025 49.81$ 804871 4210 PACIFIC GAS & ELECTRIC COMPANY 9/25/2025 368,214.45$ 804872 0110 Sandra E Duncan 9/25/2025 174.00$
804873 0110 SJVAPCD 9/25/2025 314.00$
804874 0110 SOCALGAS 9/25/2025 533.62$
804875 0140 T-MOBILE 9/25/2025 369.80$
804876 0110 Taylor E Johnson 9/25/2025 471.00$
804877 0140 Travis S Keller 9/25/2025 471.00$
804878 0110 VORTEX AQUATIC STRUCTURES 9/25/2025 2,570.58$ 804880 5110 A-1 ALTERNATIVE FUEL SYSTEMS 9/25/2025 3,243.54$ 804882 4110 ADVANCED DISTRIBUTION CO 9/25/2025 6,176.03$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 9
Payment
Number Fund Vendor Name Check Date Check Amount
804884 0110 CLIFFORD & BROWN 9/25/2025 6,303.03$
804886 3160 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 9/25/2025 15,304.28$ 804888 5110 GOLDEN STATE PETERBILT 9/25/2025 10,558.41$ 804891 4120 GRAINGER INC, W W 9/25/2025 5,515.14$
804899 0110 HOME DEPOT 9/25/2025 4,923.92$
804902 5110 JIM BURKE FORD 9/25/2025 20,865.29$
804905 0110 KERN COUNTY FORENSIC SERVICES LLC 9/25/2025 24,250.00$ 804910 4120 KERN TURF SUPPLY 9/25/2025 20,172.57$
804917 0140 LOWES HOME IMPROVEMENT 9/25/2025 7,730.04$
804921 5110 MICHELIN NORTH AMERICA INC 9/25/2025 41,869.70$ 804923 5110 MOTOR CITY SALES & SERVICE 9/25/2025 64,277.58$ 804925 0110 O'CONNOR PEST CONTROL 9/25/2025 980.00$
804930 5110 O'REILLY AUTO PARTS 9/25/2025 2,642.22$
804932 0110 PIONEER PAINT 9/25/2025 3,897.54$
804934 0110 RANDYS TOWING LLC 9/25/2025 7,079.00$
804936 0110 RLH FIRE PROTECTION 9/25/2025 3,905.00$
804942 5110 TYACK TIRES INC 9/25/2025 16,497.55$
804946 0140 VESTIS SERVICES LLC 9/25/2025 4,926.99$
804947 0110 A T & T 9/25/2025 850.00$
804948 5110 A-C ELECTRIC COMPANY 9/25/2025 559.43$
804949 0110 ABC OCCUPATIONAL MEDICAL CENTER 9/25/2025 870.00$ 804950 0110 Abraham J Wiirre 9/25/2025 385.00$
804951 0110 ADVANCED DATA STORAGE INC 9/25/2025 155.48$ 804952 1860 ADVENTIST HEALTH BAKERSFIELD 9/25/2025 83,329.00$ 804953 5110 AEGIS SAFETY COMPANY 9/25/2025 834.35$
804954 5110 AEP CALIFORNIA LLC 9/25/2025 75,465.57$
804955 5110 AFFINITY TRUCK CENTER 9/25/2025 6,697.83$
804957 0110 ALEJANDRO ESPARZA MARQUEZ - RETIREE 9/25/2025 42.50$ 804958 0110 ALL AMERICAN GLASS 9/25/2025 5,142.53$
804959 0140 ALL AMERICAN UNIFORMS LLC 9/25/2025 191.08$ 804960 5110 ALLIED NETWORK SOLUTIONS INC 9/25/2025 3,961.48$ 804961 0110 ALLSTAR FIRE EQUIPMENT 9/25/2025 18,144.85$ 804962 4120 ALPHA WELDING 9/25/2025 2,750.00$
804963 5110 ALUMINUM CHUCK WAGON 9/25/2025 27,421.92$
804964 1110 AMERINATIONAL COMMUNITY SERVICES INC 9/25/2025 2,294.87$ 804965 0110 AMS LEGAL SUPPORT SERVICES INC 9/25/2025 330.00$ 804966 1810 Amy E Hatfield 9/25/2025 166.67$
804967 0110 Angela J Tirado 9/25/2025 108.99$
804968 0110 ANITA J ROWE - REFUND 9/25/2025 42.50$
804969 5110 ARMOR COATINGS 9/25/2025 595.38$
804970 5110 ARMORERLINK 9/25/2025 10,200.00$
804971 0110 ARNOLD JOHANSEN 9/25/2025 850.00$
804972 0110 ASBESTOS SERVICES INC 9/25/2025 200.00$
804973 5110 AUTO TECH AND SMOG 9/25/2025 48.00$
804974 0110 AUTO TINT WEST INC 9/25/2025 307.13$
804975 5110 AUTOZONE STORES INC 9/25/2025 959.75$
804976 4410 B & H PHOTO VIDEO INC 9/25/2025 1,938.71$
804977 5110 B & R TOOL SUPPLY INC 9/25/2025 1,222.03$
804978 4120 B S & E COMPANY INC 9/25/2025 392.15$
804979 4110 BACSCO 9/25/2025 33.79$
804980 0110 BAKER SUPPLIES AND REPAIRS 9/25/2025 1,772.87$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 10
Payment
Number Fund Vendor Name Check Date Check Amount
804981 0120 BAKERSFIELD CALIFORNIAN 9/25/2025 2,677.86$ 804982 5110 BAKERSFIELD HARLEY DAVIDSON INC 9/25/2025 301.04$ 804983 0110 BAKERSFIELD PLUMBING CO INC 9/25/2025 1,033.01$ 804984 5110 BAKERSFIELD RUBBER STAMP CO 9/25/2025 292.44$ 804985 0110 BAKERSFIELD S P C A 9/25/2025 461,192.33$
804986 5110 BAKERSFIELD TRUCK CENTER 9/25/2025 2,705.48$ 804987 5110 BARNES WELDING SUPPLY 9/25/2025 231.12$
804988 5110 BARNETT'S TOWING SERVICE INC 9/25/2025 369.00$ 804989 0110 BELINDA ROWLAND - REFUND 9/25/2025 42.50$
804990 0140 BENCHMARK POLYGRAPH & TRUTH ASSESSMENT 9/25/2025 1,785.00$ 804991 0110 Benjamin J Kitchen 9/25/2025 299.00$
804992 5110 BERCHTOLD EQUIPMENT CO 9/25/2025 10,301.82$ 804993 0110 BILL OFFENBURGER - REFUND 9/25/2025 42.50$
804994 5110 BLACKHOLE TECHNOLOGIES INC 9/25/2025 14,832.72$ 804995 0110 BLUEPRINT SERVICE CO 9/25/2025 201.91$
804996 9110 BMV, INC 9/25/2025 485.66$
804997 5110 BOBS WHOLESALE AUTO GLASS 9/25/2025 1,432.92$ 804998 5110 BORN AGAIN BODYWORKS 9/25/2025 8,028.07$
804999 9110 BRAD RIOS 9/25/2025 796.97$
805000 4110 BRADY INDUSTRIES 9/25/2025 2,793.86$
805001 0110 BRANDCO 9/25/2025 158.04$
805002 0110 Bret A Moffatt 9/25/2025 1,571.20$
805003 0110 BRUCE FRITZ - REFUND 9/25/2025 42.50$
805004 4110 BSK ASSOCIATES 9/25/2025 5,186.00$
805005 0140 BUDGET BOLT INC 9/25/2025 178.29$
805006 5110 CAL VALLEY EQUIPMENT INC 9/25/2025 1,640.75$ 805007 5110 CALIFORNIA FUELS & LUBRICANTS 9/25/2025 66,401.27$ 805008 0110 CALIFORNIA SAFETY TRAINING CORP 9/25/2025 300.00$ 805009 5110 CARNEYS BUSINESS TECHNOLOGY CTR INC 9/25/2025 841.99$ 805010 0110 CECIL BOWEN - REFUND 9/25/2025 42.50$
805011 3160 CEN-CAL CONSTRUCTION INC 9/25/2025 41,530.16$ 805012 5110 CENTRAL CALIFORNIA POWER INC 9/25/2025 2,932.85$ 805013 0110 CHAMPION HARDWARE 9/25/2025 729.60$
805014 4110 CHARLES P CROWLEY COMPANY 9/25/2025 11,510.69$ 805015 0110 CHARTER COMMUNICATIONS 9/25/2025 119.01$
805016 0110 CHEM PRO LABORATORY LLC 9/25/2025 2,318.00$ 805017 0110 CHERYL CLAYBORN - REFUND 9/25/2025 42.50$
805018 5110 CHESTER AVENUE BRAKE & SUPPLY 9/25/2025 1,131.83$ 805019 9110 CHUYS BAJA GRILL OF CALIFORNIA INC 9/25/2025 840.99$ 805020 0110 CIMCO REFRIGERATION INC 9/25/2025 1,737.33$ 805021 0110 CLARISSE JOHNSON - REFUND 9/25/2025 25.86$
805022 4410 CLARK PEST CONTROL INC 9/25/2025 90.00$
805023 0110 CLEO BLACKBURN - REFUND 9/25/2025 25.86$
805024 5110 COASTLINE EQUIPMENT 9/25/2025 1,510.62$
805025 0110 CONNIE HUDDLESTON - RETIREE 9/25/2025 42.50$ 805026 0110 CONTACT SECURITY INC 9/25/2025 4,327.68$
805027 0110 CREATIVE FINANCIAL STAFFING LLC 9/25/2025 29,182.38$ 805028 4110 CRIDER CONSTRUCTION INC 9/25/2025 9,945.32$ 805029 0110 CRITTERS WITHOUT LITTERS 9/25/2025 13,250.00$ 805030 0110 CSI EXTERMINATORS INC 9/25/2025 860.00$
805031 5110 CUMMINS SALES AND SERVICE 9/25/2025 25,114.59$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 11
Payment
Number Fund Vendor Name Check Date Check Amount
805033 0110 DAN KULLRICH - REFUND 9/25/2025 42.50$
805034 5110 DAVES FLEET MAINT & TOWING INC 9/25/2025 652.25$ 805035 4120 DAVID JANES COMPANY 9/25/2025 14.85$
805036 0110 DAVID JUDSON - REFUND 9/25/2025 42.50$
805037 0110 DAVID OJEDA - REFUND 9/25/2025 25.86$
805038 4410 DEE JASPAR & ASSOCIATES INC 9/25/2025 7,821.70$ 805039 3110 DELL MARKETING L P 9/25/2025 3,994.75$
805040 4210 DELTA LIQUID ENERGY 9/25/2025 215.09$
805041 0110 Dena N Murphy 9/25/2025 28.00$
805042 0110 DENNIS FIDLER - REFUND 9/25/2025 12.21$
805043 0110 DENNIS HALL - REFUND 9/25/2025 25.86$
805044 0110 Derek A Rodriguez 9/25/2025 299.00$
805045 1520 DIVERSIFIED PROJECT SERVICES INTERNATIO 9/25/2025 50,500.00$ 805046 0110 DON ESTRADA - REFUND 9/25/2025 25.86$
805047 0110 DONALD TEUTIMEZ - REFUND 9/25/2025 42.50$
805048 9110 DONNA JOHNSON 9/25/2025 774.16$
805049 0110 DR RONALD OSTROM 9/25/2025 1,000.00$
805050 0110 DREW SHARPLES - PART B 9/25/2025 25.86$
805051 0110 DUANE MORRIS LLP 9/25/2025 49,370.00$
805052 9110 DW1-4550 COFFEE 9/25/2025 966.68$
805053 9110 DW1-OAK ST 9/25/2025 881.01$
805054 9110 DW1-TRUXTUN 9/25/2025 1,602.16$
805055 0110 DWAYNE LEVINGSTON - REFUND 9/25/2025 42.50$ 805056 5110 E J WARD INCORPORATED 9/25/2025 643.98$
805057 5110 ELBERT DISTRIBUTING 9/25/2025 81.84$
805058 9110 ELLIOTT DRINKWARD CONSTRUCTION 9/25/2025 473.34$ 805059 0110 EMILIO TARANGO - REFUND 9/25/2025 25.86$
805060 0110 EMMA ROBERTS - REFUND 9/25/2025 42.50$
805061 0140 EMTS INC 9/25/2025 50,351.00$
805062 0110 ENTENMANN ROVIN CO 9/25/2025 49.88$
805063 0110 ENVIRONMENTAL SAFETY SOLUTIONS 9/25/2025 604.76$ 805064 0110 ERNEST PACKING SOLUTIONS INC 9/25/2025 2,075.15$ 805065 0110 EUGENE J CARROLL - REFUND 9/25/2025 12.21$
805066 0110 EWING IRRIGATION PRODUCTS 9/25/2025 849.24$ 805067 5110 F F GOMEZ INC 9/25/2025 1,415.19$
805068 5110 FAST UNDERCAR LLC 9/25/2025 1,486.94$
805069 4110 FEDEX 9/25/2025 93.25$
805070 0110 FERGUSON ENTERPRISES INC 9/25/2025 2,808.64$ 805071 0140 FIRST AMERICAN TITLE COMPANY 9/25/2025 4,772.00$ 805072 5110 FLEET PRIDE INC 9/25/2025 52.37$
805073 5110 FLEET SERVICES TOWING INC 9/25/2025 150.00$ 805074 0140 FLOCK GROUP INC 9/25/2025 88,500.00$
805075 1810 Flor Quiñones 9/25/2025 594.00$
805076 4210 FLS SUPPLY 9/25/2025 565.71$
805077 0110 FRANK LOPEZ - REFUND 9/25/2025 25.86$
805078 0110 FRANK R HERRERA - REFUND 9/25/2025 25.86$
805079 5110 FRED CUMMINGS MOTORSPORTS INC 9/25/2025 13.80$ 805080 4120 G S E CONSTRUCTION CO INC 9/25/2025 82,761.00$ 805081 0110 GEORGE GILLBURG - REFUND 9/25/2025 25.86$
805082 5110 GIBBS INTERNATIONAL TRUCK CENTER 9/25/2025 324.56$ 805083 5110 GOLDEN EMPIRE TOWING INC 9/25/2025 446.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 12
Payment
Number Fund Vendor Name Check Date Check Amount
805084 0110 GRACE MORIN - PART B 9/25/2025 33.56$
805085 0140 GRACIE GLOBAL LLC 9/25/2025 3,000.00$
805086 1510 GRANITE CONSTRUCTION INC 9/25/2025 2,001.54$ 805087 4110 GRAYBAR ELECTRIC COMPANY 9/25/2025 25,366.13$ 805088 5110 GREGS PETROLEUM SERVICES INC 9/25/2025 9,487.10$ 805089 0110 GW SCHOOL SUPPLY 9/25/2025 108.59$
805090 5110 H & S BODY WORKS & TOWING 9/25/2025 122.00$ 805091 5110 HADDAD DODGE 9/25/2025 2,302.30$
805092 0110 HALL LETTER SHOP 9/25/2025 609.72$
805093 4210 HDR ENGINEERING INC 9/25/2025 2,790.97$
805094 0110 Heather A Lugo 9/25/2025 53.40$
805095 0110 HENRY SCHEIN INC 9/25/2025 31.56$
805096 0110 HENRY SHIPES - REFUND 9/25/2025 25.86$
805097 5110 HERITAGE CRYSTAL CLEAN LLC 9/25/2025 90.00$ 805098 3120 HIGHSTREET IT SOLUTIONS LLC 9/25/2025 25,698.00$ 805099 0110 HOME DEPOT PRO 9/25/2025 1,571.60$
805100 0110 HOUSING AUTHORITY OF KERN COUNTY 9/25/2025 880,900.00$ 805101 0110 HPS MECHANICAL INC 9/25/2025 839.10$
805102 5110 HYDRAULIC CONTROLS INC 9/25/2025 28.36$
805103 0120 IMPACT SCIENCES 9/25/2025 15,038.75$
805104 0120 INTERNATIONAL CODE COUNCIL 9/25/2025 13,426.94$ 805105 0110 IRMA CARSON - REFUND 9/25/2025 25.86$
805106 0110 ISAAC O MONSIBAIS - REFUND 9/25/2025 1.80$
805107 0110 ISABEL WILLIAMS - REFUND 9/25/2025 25.86$
805108 4210 JACK DAVENPORT SWEEPING SERVICE INC 9/25/2025 35,948.00$ 805109 0110 JAKE CADENA - REFUND 9/25/2025 25.86$
805110 0110 JAN-PRO CLEANING SYSTEMS 9/25/2025 1,558.30$ 805111 9110 JANICE MCFADDEN 9/25/2025 757.97$
805112 1810 Jared C Diederich 9/25/2025 122.90$
805113 4120 JCI JONES CHEMICALS INC 9/25/2025 11,483.27$ 805114 4310 JERRY & KEITHS INC 9/25/2025 2,706.74$
805115 0110 JERRY DE LAURIE - REFUND 9/25/2025 12.21$
805116 5110 JIM BURKE LINCOLN MERCURY 9/25/2025 2,175.28$ 805117 5110 JIMS TOWING INC 9/25/2025 150.00$
805118 9110 JOBSITE EQUIPMENT LOGISTICS 9/25/2025 2,108.58$ 805119 0110 JOHN LEON - REFUND 9/25/2025 42.50$
805120 0110 JOHN P HOWLETT - REFUND 9/25/2025 25.86$
805121 0110 JOHNSTONE SUPPLY OF BAKERSFIELD 9/25/2025 60.93$ 805122 9110 JSM INSTALLATIONS, INC 9/25/2025 1,224.49$
805123 0110 JULENE EMBREY - REFUND 9/25/2025 42.50$
805124 5110 K & R TOWING 9/25/2025 417.00$
805125 0110 KAREN CRAWFORD - REFUND 9/25/2025 25.86$
805126 0110 KAREN KISBEY - REFUND 9/25/2025 12.21$
805127 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 9/25/2025 6,141.86$ 805128 1910 Kelly Kathleen Sloan 9/25/2025 980.77$
805129 1510 KERN ASPHALT PAVING & SEALING 9/25/2025 51,235.60$ 805130 0140 KERN BUILDING MATERIALS 9/25/2025 1,544.08$ 805131 0140 KERN BUILDING MATERIALS 9/25/2025 1,127.05$ 805132 0110 KERN COMMUNITY FOUNDATION 9/25/2025 165,650.22$ 805133 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805134 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 13
Payment
Number Fund Vendor Name Check Date Check Amount
805135 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805136 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805137 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805138 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805139 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805140 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805141 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805142 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805143 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805144 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805145 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805146 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805147 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805148 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805149 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805150 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805151 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805152 6110 KERN COUNTY CLERKS 9/25/2025 50.00$
805153 4210 KERN COUNTY ENVIRONMENTAL HEALTH 9/25/2025 20,242.50$ 805154 4210 KERN COUNTY PUBLIC WORKS 9/25/2025 605.25$
805155 4210 KERN COUNTY WASTE MANAGEMENT 9/25/2025 137,472.99$ 805156 5110 KERN MACHINERY INC 9/25/2025 832.20$
805157 4210 KERN REFUSE DISPOSAL, INC 9/25/2025 2,224,483.74$ 805158 4310 KERN RIVER POWER EQUIPMENT 9/25/2025 361.07$ 805159 0110 KERN TROPHIES 9/25/2025 1,191.83$
805160 1910 KILLIAN PEST CONTROL 9/25/2025 375.00$
805161 3110 KIMLEY HORN & ASSOCIATES INC 9/25/2025 233,968.75$ 805162 0110 KNIGHTS SITE SERVICES INC 9/25/2025 5,107.76$ 805163 0110 KRONOS INCORPORATED 9/25/2025 455.81$
805164 0110 Lance P Powell 9/25/2025 299.00$
805165 0110 LARRY STURTEVANT - REFUND 9/25/2025 12.21$
805166 0110 LAUREN DIMBERG - REFUND 9/25/2025 39.61$
805167 0110 LC ACTION POLICE SUPPLY 9/25/2025 4,522.05$ 805168 5110 LEHR 9/25/2025 2,108.05$
805169 0110 LEROY ZINK - REFUND 9/25/2025 42.50$
805170 0110 Leslie Alvarez 9/25/2025 221.00$
805171 0110 LINDA ALONSO - REFUND 9/25/2025 42.50$
805172 0110 LINDE GAS & EQUIPMENT DBA PRAXAIR 9/25/2025 315.80$ 805173 3120 LOOP ELECTRIC INC 9/25/2025 31,920.00$
805174 0110 Lyle R Drake 9/25/2025 385.00$
805175 0110 M ROSE OWEN - REFUND 9/25/2025 42.50$
805176 6110 MADD - REFUND 9/25/2025 500.00$
805177 0110 MARGARET URSIN - REFUND 9/25/2025 42.50$
805178 9110 MARIA CERRITOS 9/25/2025 540.27$
805179 1740 Mark A Rodriguez 9/25/2025 125.00$
805180 0110 MARK W AUSTIN - REFUND 9/25/2025 42.50$
805181 0110 MARTA ORNELAS - REFUND 9/25/2025 55.00$
805182 0110 MARY ANNE MCLAY - REFUND 9/25/2025 42.50$
805183 1740 Matthew J Cushnyr 9/25/2025 175.00$
805184 1910 Matthew W Billingsley 9/25/2025 33.00$
805185 4510 MEAD & HUNT INC 9/25/2025 3,246.96$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 14
Payment
Number Fund Vendor Name Check Date Check Amount
805186 0110 MEDIWASTE DISPOSAL LLC 9/25/2025 37.26$
805187 0110 Megan R Simpson 9/25/2025 40.00$
805188 0140 Mercedes J Mayers 9/25/2025 118.98$
805189 3160 MEYER CIVIL ENGINEERING INC 9/25/2025 2,915.00$ 805190 0110 MICHAEL F QUON - REFUND 9/25/2025 42.50$
805191 0110 Michael J Olson 9/25/2025 1,989.05$
805192 0110 MICKEY D MOYER - REFUND 9/25/2025 42.50$
805193 0110 MIKE DORKIN - REFUND 9/25/2025 25.86$
805194 0110 MIKE DOYLE - REFUND 9/25/2025 42.50$
805195 0140 Mindy N Akins 9/25/2025 411.00$
805196 4210 MINUTEMAN PRESS 9/25/2025 882.37$
805197 0110 MJS SOLUTIONS LLC 9/25/2025 1,488.00$
805198 5110 MOTION INDUSTRIES INC 9/25/2025 534.45$
805199 0140 MOUNTAIN TEK 9/25/2025 2,021.20$
805201 1810 Nancy L Fava 9/25/2025 274.00$
805202 5110 NEARMAP US INC 9/25/2025 46,463.00$
805203 1510 NIPPON CARBIDE INDUSTRIES 9/25/2025 5,134.30$ 805204 0110 Noemi Salazar 9/25/2025 274.00$
805205 0140 NORMAN A TRAUB ASSOCIATES 9/25/2025 2,100.00$ 805206 3210 NORTH OF THE RIVER REC & PARKS 9/25/2025 957,020.95$ 805207 9110 NORTHSTAR RECYCLING CO 9/25/2025 3,557.72$
805208 0120 NV5 INC 9/25/2025 101,352.12$
805209 5110 OFFICE1 9/25/2025 227.70$
805210 5110 ONE SOURCE PARTS LLC 9/25/2025 13,194.80$
805211 4120 OPEN & SHUT ENTERPRISES 9/25/2025 2,886.79$ 805212 3120 ORDIZ MELBY INC 9/25/2025 8,053.17$
805213 6310 P & A ADMINISTRATION SERVICES INC 9/25/2025 10,280.67$ 805214 5110 PACIFIC WEST SOUND 9/25/2025 914.22$
805215 5110 PAPE KENWORTH 9/25/2025 2,022.06$
805216 6130 PARAGON PARTNERS LTD INC 9/25/2025 2,610.00$ 805217 5110 PARKHOUSE TIRE INC 9/25/2025 795.08$
805218 3160 PARSONS TRANSPORTATION GROUP INC 9/25/2025 428,552.47$ 805219 0110 PATRICIA DARBEE - REFUND 9/25/2025 25.86$
805220 0110 Paula J Rubio 9/25/2025 151.73$
805221 0110 PAULA ROMINES - REFUND 9/25/2025 25.86$
805222 5110 PAYLESS TOWING 9/25/2025 50.00$
805223 4210 PAYMENTUS 9/25/2025 247.00$
805224 5110 PENSINGER TRAILER RENTALS 9/25/2025 15,058.38$ 805225 0110 PEOPLE FACTS LLC 9/25/2025 16.67$
805226 5110 PERFORMANCE TRUCK REPAIR 9/25/2025 2,390.85$ 805227 5110 PERISCOPE HOLDINGS INC 9/25/2025 655.00$
805228 0110 PORAC 9/25/2025 4,375.00$
805229 5110 POWERDMS 9/25/2025 13,837.00$
805230 5110 POWERSTRIDE BATTERY CO INC 9/25/2025 1,289.46$ 805231 0110 PREMIER OVERHEAD DOOR & GATES 9/25/2025 2,003.78$ 805232 4210 PREMIER VALLEY TRANSPORT INC 9/25/2025 11,490.00$ 805233 0110 PRESTON GEORGE - REFUND 9/25/2025 25.86$
805234 0110 PRIMO BRANDS 9/25/2025 153.35$
805235 0110 PROPIO LS LLC 9/25/2025 907.61$
805236 5110 QCS QUICK CUSTOM SIGNS 9/25/2025 947.43$
805237 1510 QK 9/25/2025 7,957.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 15
Payment
Number Fund Vendor Name Check Date Check Amount
805238 0140 QUAD KNOPF INC 9/25/2025 950.00$
805239 9110 QUALITY EQUIP MGMT-MT. VERNON 9/25/2025 1,579.20$ 805240 0110 RANCHO TREE SERVICE 9/25/2025 30,104.40$
805241 5110 RAY GASKIN SERVICE INC 9/25/2025 310.78$
805242 0120 RAYMONDS TROPHY AND AWARDS 9/25/2025 250.07$ 805243 4210 READY REFRESH 9/25/2025 153.53$
805244 0110 Reagan C Selman 9/25/2025 373.00$
805245 0110 REFRIGERATION SUPPLIES DIST. INC 9/25/2025 1,999.16$ 805246 5110 RENEWELL FLEET SERVICE LLC 9/25/2025 4,076.73$ 805247 0110 RICHARD WATKINS - REFUND 9/25/2025 25.86$
805248 0110 RIGHT NOW COURIERS LLC 9/25/2025 180.00$
805249 0110 RINCON CONSULTANTS INC 9/25/2025 8,647.75$
805250 0110 RIVER PARTNER INC 9/25/2025 26,956.25$
805251 0110 ROBERT D MELTON - REFUND 9/25/2025 12.21$
805252 0110 ROBERT TABLIT - REFUND 9/25/2025 12.21$
805253 0110 RODNEY KNIGHT - RETIREE 9/25/2025 9.36$
805254 0110 RONALD SHORT - REFUND 9/25/2025 42.50$
805255 0110 Ruben Guerrero 9/25/2025 373.00$
805256 5110 RUSH TRUCK CENTERS OF CAL INC 9/25/2025 54,525.65$ 805257 0110 S3 CONSULTING SOLUTION 9/25/2025 4,200.00$
805258 0110 SAN JOAQUIN FENCE & SUPPLY 9/25/2025 389.34$ 805259 5110 SAN JOAQUIN TIRES & WHEELS 9/25/2025 858.12$ 805260 4210 SARAH KELLEY - REFUND 9/25/2025 133.70$
805261 0110 SHIRLEY A PHILLIPS - REFUND 9/25/2025 42.50$ 805262 0110 SHIRLEY TORRES - REFUND 9/25/2025 25.86$
805263 5110 SILVAS OIL CO INC 9/25/2025 33,565.48$
805264 4610 SKIDATA INC 9/25/2025 28,379.78$
805265 0110 SMART & FINAL IRIS COMPANY 9/25/2025 555.30$ 805266 5110 SMITH & SON TIRE INC 9/25/2025 3,663.48$
805267 5110 SNIDER'S INC 9/25/2025 20.57$
805268 4210 SOIL CONTROL LAB INC 9/25/2025 459.00$
805269 4410 SOILS ENGINEERING INC 9/25/2025 2,735.00$
805270 5110 SPARTAN TRUCK CO INC 9/25/2025 237.75$
805271 0140 SPECTRUM CANINE ISABEL LLC 9/25/2025 4,000.00$ 805272 0110 STANDARD PLUMBING SUPPLY DBA FLOYDS 9/25/2025 372.22$ 805273 0110 STANTEC CONSULTING SERVICES INC 9/25/2025 15,115.25$ 805274 0140 STEVEN P KINNEY 9/25/2025 1,979.00$
805275 5110 SUBURBAN PROPANE 9/25/2025 1,740.36$
805276 4120 SURFACE PUMPS INC 9/25/2025 975.60$
805277 0110 SUSAN ALEXANDER - REFUND 9/25/2025 25.86$
805278 0110 SWEANEY INC 9/25/2025 7,188.80$
805279 3160 T Y LIN INTERNATIONAL INC 9/25/2025 4,000.00$ 805280 0110 T-MOBILE USA 9/25/2025 790.00$
805281 0110 TARGET SPECIALTY PRODUCTS 9/25/2025 5,384.72$ 805282 0140 TC WELDING & FABRICATION INC 9/25/2025 900.00$ 805283 0110 TEL TEC SECURITY SYSTEM INC 9/25/2025 90.00$ 805284 5110 TENNANT COMPANY 9/25/2025 87.89$
805286 4410 THE OPEN DOOR NETWORK 9/25/2025 15,552.00$
805287 0110 TONY M ALVIDREZ - REFUND 9/25/2025 25.86$
805288 0110 TOTAL LANDSCAPE MAINTENANCE 9/25/2025 950.00$ 805289 0140 TRANS-WEST SECURITY INC 9/25/2025 20,947.94$ S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\ 9/26/2025 ORACLE CHECK REGISTER
FROM 09/12/2025 TO 09/25/2025
PAGE 16
Payment
Number Fund Vendor Name Check Date Check Amount
805290 0110 Trayce M Sparling 9/25/2025 221.00$
805291 0110 TREK DIGITAL PRODUCTS INC 9/25/2025 1,248.66$ 805292 5110 TRINITY SAFETY COMPANY 9/25/2025 956.93$
805293 0110 TRUDY SLATER - REFUND 9/25/2025 7.85$
805294 5110 ULINE SHIPPING SUPPLY 9/25/2025 3,034.97$
805295 0110 UNITED REFRIGERATION INC 9/25/2025 4,775.21$ 805296 4120 USP TECHNOLOGIES 9/25/2025 11,768.94$
805297 9110 VALLEY BAPTIST CHURCH 9/25/2025 1,427.83$
805298 0110 VALLEY CONSTRUCTION SUPPLY INC 9/25/2025 2,023.16$ 805299 0140 VALLEY PRESSURE PROS INC 9/25/2025 1,200.00$ 805300 0110 VANGUARD CLEANING SYSTEMS INC 9/25/2025 1,055.25$ 805301 4120 VELODYNE 9/25/2025 550.87$
805302 1510 VERIZON WIRELESS 9/25/2025 78,868.54$
805303 0110 VICTORIA DAVIS - REFUND 9/25/2025 12.39$
805304 0110 WELLS ACOUSTICS 9/25/2025 6,635.57$
805305 4310 WESTAIR GASES & EQUIPMENT INC 9/25/2025 69.24$ 805306 0110 WHITE CAP CONSTRUCTION SUPPLY 9/25/2025 583.44$ 805307 9110 WM-DOLLAR TREE "STOCKDALE" 9/25/2025 725.52$ 805308 9110 WM-FIVE BELOW 9/25/2025 551.04$
805309 9110 WM-WALMART "FASHION PL" 9/25/2025 1,430.95$ 805310 0110 Zachary D Harmonson 9/25/2025 230.00$
805311 5110 ZEP MANUFACTURING COMPANY 9/25/2025 428.55$ 805313 3120 BACSCO 9/25/2025 1,209.09$
805314 0110 Norma Mckee 9/25/2025 172.00$
9998480 0110 CALIFORNIA DEPT OF JUSTICE 9/25/2025 500,000.00$ 9998481 5110 DEPARTMENT OF THE TREASURY 9/25/2025 179.94$ 9998482 0140 DP CAL CORPORATE PLAZA LP 9/25/2025 68,387.63$ 17,077,809.31$
S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL - ADMIN\10.8.25\
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: September 26, 2025
SUBJECT: Receive and file department agreements over $40,000 and under $100,000 between September 12, 2025
and September 26, 2025.
RECOMMENDATION:
Staff recommends receiving and filing the report.
BACKGROUND:
In accordance with Bakersfield Municipal Code Chapter 3.20 the Finance Director must report other financial reports required to indicate the financial condition of the city periodically to the City Council. In conjunction with chan ges to Bakersfield Municipal Code Section 3.20, an informational report was requested to provide documentation of contracts between $40,000 and $100,000 to increase transparency and measure the effectiveness of the changes in contract authority threshold amounts.
FISCAL IMPACT:
$404,342.99
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Department Agreement Report 10.08.25
Document Number Name Subject Amount Date Miscellaneous Information ED25-043 Winsupply Bakersfield EOA assistance with site improvements $40,000.00 9/24/2025 PW25-043 (1) Derrick D Enterprise Inc Amendment to compensation for additional work to avoid tripping hazards $56,003.00 9/18/2025
PW25-073 Navdeep Kaur Purchase of Property $61,700.00 9/12/2025 TS25-036 UKG Kronos Systems
LLC Telestaff renewal for BPD $66,640.00 9/24/2025
DS24-053(1) MJS Solutions LLC Amendment to compensation to continue to provide supplemental janitorial services at various sites $80,000.00 9/15/2025 WR25-34 CAL MAT CO Provide sand & gravel material $99,999.99 9/25/2025 $404,342.99
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: September 29, 2025
SUBJECT: Dispense with bidding for the purchase of BMW Police Motorcycles for the Police Department.
Resolution determining that BMW Police motorcycles can most efficiently be procured through cooperative procurement bidding procedures from Long Beach BMW Motorcycles and authorizing the Finance Director to dispense with bidding for the purchase of five (5) units in the amount of $194,000 for the Police Department.
RECOMMENDATION:
Staff recommend adoption of the resolution and approval of the purchase.
BACKGROUND:
This purchase of five (5) BMW RT-P motorcycles for the Police Department will replace units that are worn out, unreliable, and in need of costly repairs. The Fleet Division has determined that the units meet the criteria for replacement. The units will be replaced with new units providing improved performance and efficiency.
The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that work, supplies, equipment or materials is not available from local vendors and that it is in the best interests of the City, and to the City’s economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty-six months or is one that is still active and valid.
The City of San Bernardino has entered into a competitive procurement contract with Long Beach BMW Motocycle for the supply of BMW RT-P motorcycles. The City of San Bernardino has approved The City of Bakersfield’s formal request for authorization to piggyback on the existing contract between The City of San Bernardino and Long Beach BMW Motorcycles. This proc urement method will allow the City of Bakersfield to take advantage of competitive pricing, streamline the purchasing process, and achieve meaningful cost and time savings. Staff recommend that the City Council approve the piggyback purchase from Long Beach BMW Motorcycle under the cooperative agreement with The City of San Bernardino by adoption of the Resolution to dispense with bidding for the purchase of five (5) BMW RT-P motorcycles.
FISCAL IMPACT:
Sufficient funds have been budgeted in the Equipment Management Fund for this purchase.
COUNCIL GOAL:
Innovative and Efficient City Government
Safety and Resilience
ATTACHMENTS:
1. Resolution
2. Existing Public Agency Agreement
3. Formal Request for Piggyback Purchase
4. Piggyback Purchase Approval
5. Quote
- Page 1 of 3 Pages -
RESOLUTION NO. _________________
A RESOLUTION OF THE BAK ERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
BMW POLICE M OTORCYCLES AND
AUTHORIZING THE USE OF COOPERATIVE
PROCUREMENT CONTRACTS FOR THE
PURCHASE OF FIVE UNITS.
WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and
WHEREAS, prices offered through cooperative procurement contracts are generally less expensive than the prices for work, supplies, equipment or materials the City is currently paying; and
WHEREAS, the City desires to purchase BMW police motorcycles by utilizing the competitively bid contract of another public agency; and
WHEREAS, the City is authorized to purchase goods and services by using the competitively bid contract of another public agency, commonly known as a piggyback purchase; and
WHEREAS, the City of San Bernardino has complied with its own competitive purchasing and solicitation requirements for the p rocurement of BMW Police motorcycles; and
WHEREAS, the City has confirmed that the underlying contract includes language allowing other gover nmental entities to par ticipate, thereby authorizing this piggyback purchase; and
WHEREAS, purchasing work, supplies, equipment, or materials for the City through cooperative procurement contract s is to the City’s economic advantage and in the City’s best interests; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies , equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government - Page 2 of 3 Pages -
cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and
WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially complies with the City’s procurement process, including public advertisement for sealed bids and awards determined on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency with in the last 36 months or is one that is still current and active.
3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same.
4. The Finance Director or his designee is authorized to purchase five (5) BMW RT-P Police motorcycles by use of piggyback pricing pursuant to the terms and conditions of the Goods Purchase Agreement between The City of San Bernardino and Long Beach BMW Motorcycles and may be amended from time to time and including any options to renew that may be exercised by The City of San Bernardino.
5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein.
--oo0oo--
- Page 3 of 3 Pages -
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________ ABSENT: COUNCIL MEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ______________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney II
City of Bakersfield
Finance Department, Purchasing Division
1600 Truxtun Ave, Ste 200, Bakersfield, CA 93301
Date: September 22, 2025
To: The City of San Bernardino
From: Olimpia Frederick
Title: Purchasing Officer
Department: Finance Department
Subject: Request to Piggyback on Existing Contract for Purchase of BMW Police Motorcycles
Dear City of San Bernadino,
In 2019, the City of Bakersfield’s Police Department reestablished its Motor Unit to enhance traffic enforcement efforts. Since then, the City has invested in Harley Davidson (H-D) Electra glide motorcycles to build and support the unit. As of 2021, the operational fleet includes twelve (12) H-D Electra glides.
Harley Davidson has announced there will be no police package motorcycles available for the 2026 fiscal year. Both the Electra glide and Road King models are being discontinued, with no official replacement model identified for 2027 or beyond. This creates uncertainty in both fleet continuity and long-term planning.
Request:
The City of Bakersfield respectfully request authorization to piggyback on the existing contract between City of San Bernardino and Long Beach BMW Motorcycles to purchase five (5) BMW police motorcycles in alignment with The California Public Contract Code Procurement Guidelines and under the authority of the Goods Purchase Agreement between The City of San Bernardino and Long Beach BMW Motorcycles.
Justification for piggyback:
1. Operational Need
Five (5) motorcycles are scheduled for replacement over FY24–25 and FY25–26. With H-D exiting the police motorcycle market and considering the enhanced performance, safety, and cost- effectiveness of BMW’s offerings, transitioning to BMW is both operationally necessary and fiscally responsible.
2. Manufacturer Discontinuation:
Harley Davidson has announced it will no longer offer police package motorcycles beyond the
City of Bakersfield
Finance Department, Purchasing Division
1600 Truxtun Ave, Ste 200, Bakersfield, CA 93301
2025 model year. No successor model has been confirmed, creating uncertainty for future fleet planning and standardization.
3. BMW’s Proven Law Enforcement Platforms:
BMW currently manufactures the R 1300 RT-P and the 1300 GSP, both purpose-built for police use. These models are competitively priced, delivered fully equipped, and do not require additional upfitting — unlike H-D units, which require approximately $3,000 in modifications post-delivery.
4. Improved Lifecycle and Warranty Support:
BMW motorcycles offer a longer operational life (75,000–100,000 miles vs. 50,000 miles for H- D). Additionally, BMW provides a 7-year unlimited mileage warranty with towing coverage for a one-time cost of $1,500 — a warranty structure not available from H-D.
5. Maintenance Training and Support:
BMW offers free quarterly factory training in Ontario, CA, allowing City mechanics to become certified in two days at minimal cost. By contrast, H-D training requires three separate one-week sessions in Wisconsin at significantly higher cost.
6. Officer Safety and Performance:
The BMW RTP is approximately 300 pounds lighter than the Electra glide, significantly reducing injury risk during training and low-speed incidents. Internal testing has shown a 20-foot shorter stopping distance from 50 mph and superior handling and ergonomics.
In conclusion, this procurement method aligns with all applicable purchasing regulations and supports the continuity of fleet operations without interruption. Approval of this piggyback request will allow the City of Bakersfield to take advantage of competitive pricing, streamline the purchasing process, and achieve meaningful cost and time savings. We respectfully request your consideration and approval to proceed with this purchase.
Respectfully,
Olimpia Frederick
Purchasing Officer
City of Bakersfield
Finance Department
661-326-3914
[email protected]
1 Olimpia Frederick
From: Mary Alvarez-Gomez <[email protected]>
Sent: Tuesday, September 23, 2025 10:49 AM
To: Olimpia Frederick
Cc: Michelle Parra; Adan Cuevas
Subject: Re: City of Bakersfield - Request to piggyback - Purchase of Goods Agreement with Long Beach BMW Motorcycles
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Good Morning, Olimpia,
The City of San Bernardino- Purchasing Division approves the City of Bakersfield to piggyback on our agreement with Long Beach BMW Motorcycles.
Kind Regards,
Mary Alvarez-Gómez
Grants & Purchasing Division Manager
City of San Bernardino – Finance & Management Services Department 290 North D Street, 1st Floor
San Bernardino, CA 92401
Direct: 909-998-2117
[email protected] | www.sbcity.org
This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.
From: Olimpia Frederick <[email protected]> Sent: Tuesday, September 23, 2025 10:35 AM
To: Mary Alvarez-Gomez <[email protected]>
Cc: Michelle Parra <[email protected]>; Adan Cuevas <[email protected]> Subject: City of Bakersfield - Request to piggyback - Purchase of Goods Agreement with Long Beach BMW Motorcycles
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
Hello Mary,
2 My name is Olimpia Frederick, Purchasing Officer for the City of Bakersfield. We are currently in the market to purchase five (5) BMW police motorcycles and would like to streamline our procurement process by requesting authorization to piggyback on the existing contract between City of San Bernardino and Long Beach BMW Motorcycles. Per the Goods Purchase Agreement attached, request for piggyback must be made in writing to the City of San Bernardino.
Please see attached our formal request to piggyback on the existing contract for BMW police motorcycles. We respectfully request your approval to proceed with the purchase.
Thank you,
Olimpia Frederick | Purchasing Officer
City of Bakersfield
Finance Department
1600 Truxtun Avenue, Suite 200
Bakersfield, CA 93301
City of Bakersfield
email: [email protected]
Web: www.bakersfieldcity.us
phone: 661-326-3914
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: September 30, 2025
SUBJECT: Dispense with bidding for the purchase of a water truck for the Water Department.
1. Resolution determining that a water truck can most efficiently be obtained through cooperative procurement bidding procedures from E.M. Tharp Inc., dba Golden State Peterbilt and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of $305,886.
2. Appropriate and transfer $5,886 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund.
RECOMMENDATION:
Staff recommend adoption of the resolution and approval of the purchase.
BACKGROUND:
This purchase of a water truck for the Water Department will replace a unit that is more than 16 years old and has passed its useful life. Fleet staff have determined that the unit meets the criteria for replacement and recommend it be replaced with a new unit providing more efficiency and improved performance.
The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best intere sts of the City, and to the City’s economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty- six months or is one that is still active and valid.
E.M. Tharp Inc., dba Golden State Peterbilt, has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. Staff recommend adoption of the Resolution to dispense with bidding for the purchase of one water truck from E.M. Tharp Inc., dba Golden State Peterbilt in the amount of $305,886 for the Water Department.
FISCAL IMPACT:
Funds in the amount of $300,000 have been previously budgeted for this replacement. An appropriation and transfer in the amount of $5,886 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund will be necessary to complete the purchase.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Resolution
2. Quote
- Page 1 of 3 Pages -
RESOLUTION NO. _________________
A RESOLUTION OF THE BAK ERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
A WATER TRUCK FROM E.M. THARP, INC., DBA
GOLDEN STATE PETERBILT AND AUTHORIZING
THE USE OF COOPERATIVE PROCUREMENT
CONTRACTS FOR THE PURCHASE OF ONE
UNIT.
WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and
WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and
WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contract s is to the City’s economic advantage and in the City’s best interests; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies , equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and
WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially complies with the City’s procurement process, including public advertisement for sealed bids and awards determined on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
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2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency with in the last 36 months or is one that is still current and active.
3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same.
4. The Finance Director or his designee is authorized to purchase one water truck through Sourcewell pursuant to the terms and conditions of Contract No. 032824-PMC with E.M. Tharp, Inc., dba Golden State Peterbilt and may be amended from time to time and including any options to renew that may be exercised by Sourcewell.
5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________ ABSENT: COUNCIL MEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ______________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney II
E.M. Tharp Inc., d.b.a. Golden State Peterbilt
Bakersfield, CA 93307 (661) 833-1700 Phone (661) 833-2788 Fax1450 South Union Quote Number: 35
Additional VINs
0 0
0 NEW EQUIPMENT ORDERS & CHARGES;
Customer has 15 days from the estimated delivery date to accept delivery of the vehicle. After 15 days from the estimated delivery date the Dealer reserves the right to access a monthly charge of .83% percent on the cash price of vehicle. On any new vehicle orders that are canceled, there will be a loss of Non-Refundable Deposit.
Sales Representative Chris Ortiz
Printed Name Signature
Customer / Purchaser
Printed Name Signature
Title Date
Director of Sales, Vice President or President
Signature Title
Note: The above Purchase Agreement is a quotation only. Sale terms subject to Dealer approval.
DISCLAIMER: Any order based on this agreement is subject to Customer executing Dealer's standard form Retail Order Incorporating above terms. Any documentary fees, state tax, title, registration, F.E.T., and license fees subject to adjustment and change. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock. Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This agreement is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill agreement in event quoted vehicle(s) not in stock or available within requested delivery schedule at time agreement was accepted. Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicles(s) to reflect changes in condition and/or mileage of trade Vehicle(s) between date of current appraisal and acceptance of this agreement by Customers.
PROPOSAL . r-^ja/iL’az <
O ●A
E.M. Tharp Inc., d.b.a. Golden State Peterbilt
Bakersfield, CA 93307 (661) 833-1700 Phone (661) 833-2788 Fax1450 South Union September 9, 2025City of Bakersfield CY2024-2028 Sourcewell Customer Pricing 032824-PMC 4101Truxtun Ave
Bakersfield Ca 93309
Stock Number
Quote Number
0 VIN -35
Contact- Jamie Flores661-326-3795 Estimated Delivery Date - May 20, 2025 Thank you for the opportunity to earn your business. We look forward to working with you on your business needs.
Please accept the following proposal
Make
Peterbilt
Model Cab Configuration
Day Cab
Market Segment
Government
Vehicle Config.
Refuse (GG)
MilesYear
2024 567
(N) 75,001 Lbs, to 80,000 Lbs. |I GVWR| (N) 75,001 Lbs, to80,000 Lbs.IGVW 66,000 Lbs. CGVWR QTY 1 Total UnitsPer Unit
$ 219,216.00 $ 219,216.00Vehicle Price
Surcharges
$$
s$
s$
$ s
Body Co / Dealer Installed / Accessories
S$
$ SAll Quotes are subjust to Tariffs or surcharges
$ 54,452.00 s 54,452.00Sceizi water truck
$ s0
$ S
$ S0
$ SSourcewell #032824
TAX
Federal Excise Tax (F.E.T.) $$
$ SFederal Excise Tax Tire Credit
$ 273,668.00 S 273,668.00Net Sales Price
$ SEstimated License, License Transfer, Reg. Fee 45.0045.00 s$ 22,610.20State Tax, Local Tax, & Document Fee Tax 22,610.208.250% $ $Tire Recycling Fee 17.5017.50
$ $ 45.00Documentary Fee (Toxfdi 45.00
S $Administration Fee (Taxed) 350.00 350.00
$ S (350.00)Delivery Fee (350.00)
Optional Extended Warranty / Non Taxable Items
$ $
$ $ 9,500.00engine warranty 5 year 200,000 miles 9,500.00 S $
S $
S $
s $
$ 305,885.70 $ 305,885.70Total Sales Price
Trade Allowance
Deposits
Down Payments
S
S
$ 305,885.70Please Remit Total
Version 25.0
ADMINISTRATIVE REPORT
MEETING DATE: September 4, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Director
DATE: October 8, 2025
SUBJECT: City Physician Services Agreements for Medical Services
1. Agreement with ABC Occupational Medical Center, not to exceed $250,000, annually.
2. Agreement with Universal Occupational Inc., not to exceed $250,000, annually.
3. Agreement with Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine, not to exceed $250,000 annually.
RECOMMENDATION:
Staff recommends approval of the agreements.
BACKGROUND:
On June 23, 2025, a request for proposal for City Physician Services was published. The City Physician services include the following: pre-employment physicals; HAZMAT physicals; fitness for duty exams; and drug and alcohol testing. Currently the City utilizes two facilities, ABC Occupational Medical Center and Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (herein Memorial Occupational Medicine), that hold the designation of City Physician and provide services. The current contract for both facilities is set to expire on November 1, 2025.
In response to the Request for Proposals, the City received three proposals from the following medical facilities: ABC Occupational Medical Center, Universal Occupational Inc., and Memorial Occupational Medicine.
The medical providers’ responses were reviewed to assess: access to services, customer service, adequacy of staff and facilities, and cost of services. As a result of the review, staff recommends selection of all three medical providers to accommodate the growth within our organization, and to best meet the City’s needs and requirements. The fees for services submitted with proposals are within a narrow range for all three providers. The terms of the agreements are for a four (4) year period, ending December 31, 2029, with an annual not to exceed amount of two hundred fifty thousand ($250,000) for each facility.
Staff recommends Council approve agreements with ABC Occupational Medical Center, Universal Occupational Inc., and Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine with annual fees not to exceed two hundred fifty thousand dollars ($250,000) per provider, not to exceed one million dollars ($1,000,000) through the term of each agreement.
FISCAL IMPACT:
The action to approve the agreements were included in the approved FY 25/26 budget.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. City Physician RFP 2025
2. ABC Occupational Agreement
3. Memorial Agreement
4. Universal Agreement
1 AGREEMENT NO. ___________________
CITY PHYSICIAN'S AGREEMENT
This CITY PHYSICIAN’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 ABC OCCUPATIONAL MEDICAL CENTER a Corporation authorized to do business in California (referred to herein as "CONTRACTOR").
R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and
WHEREAS, CITY desires to employ CONTRACTOR for pre-employment physicals, fitness- for-duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services; and
WHEREAS, CIT Y does no t have expertise currently o n staff to perfo rm City physician services; and
WHEREAS, CONTRACTOR submitted a response to Request for Proposal issued by CITY.
Said Request for Proposal and CONTRACTOR’s response are incorporated herein by reference as though fully set forth as EXHIBIT “A” and EXHIBIT “B”.
NOW, THEREFORE, incorporating the fore going 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: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre-employment physicals, fitness-for-duty physicals, drug testing and other medical services as set forth in the City’s Request for Proposal attached hereto and incorporated herein as EXHIBIT “A.” (“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”):
In accordance with the hourly rates
Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 2 as shown on EXHIBIT “B” attached and included by reference herein.
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 TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) in any given year for performing the Scope of Work, not to exceed ONE MILLION DOLLARS ($1,000,000) through the term of this Agreement.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminat e on December 31, 2029, and may be extended for one additional year.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. 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 r elating 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.
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 Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 3 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 licenses 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. 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.
15. INSURANCE.
15.1 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").
15.1.1 Professional liability insurance, providing coverage on claims made on the basis of errors and omissions with limits of not less than $1,000,000 per occurrence.
15.1.2 Automobile liability insurance , providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
15.1.3 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 4 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:
15.1.3.1 Provide contractual liability coverage for the terms of this Agreement;
15.1.3.2 Provide products and completed operations coverage;
15.1.3.3 Provide premises, operations, and mobile equipment coverage; and
15.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
15.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACT OR 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 workers’ 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.
15.2 General Provisions Applying to All Insurance Types.
15.2.1 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 Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 5 means including other insurance or which is intended to defeat the intent or protection of an additional insured.
15.2.2 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, employee s, and designated volunteers must be excess of CONTRACTOR’s insurance and must not contribute with it.
15.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in les ser 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.
15.2.4 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.
15.2.5 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 the refor or for additional premiums which may be required by extensions of the policies of insurance.
15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.
15.2.7 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.
16. 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 Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 6 recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
17. 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 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 prov isions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
18. 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 reco very 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 7 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.
24. 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 refere nce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
25. 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.
26. 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.
27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
28. 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.
29. NON-INTEREST. No CITY officer or employee 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 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: CHRISTI TENTER, HUMAN RESOURCES DIRECTOR
CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 8 CONTRACTOR: ABC OCCUPATIONAL MEDICAL CENTER
8501 BRIMHALL ROAD, #300, SUITE A
BAKERSFIELD, CA 93312
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
32. 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.
33. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number __________________
CONTRACTOR is a corporation? Yes No ________
(Please check one.)
Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B 84-4820165
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[Additional Signatures on Following Page]
9 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 ABC OCCUPATIONAL MEDICAL CENTER
By:________________________________ By:_________________________________ KAREN GOH J.R. CARRERA
Mayor Director of Operations
APPROVED AS TO CONTENT:
HUMAN RESOURCES
By:_______________________________
CHRISTI TENTER
Director
APPROVED AS TO FORM: COUNTERSIGNED:
By:___________________________ By:___________________________
VIRGINIA GENNARO RANDY MCKEEGAN
City Attorney Finance Director
Insurance:____________
Attachment: EXHIBIT A – Request for Proposal
EXHIBIT B – Proposal from [ABC Occupational Medical Center] Docusign Envelope ID: 4709C3F7-8E1D-4492-980D-2E28A6021E7B City Physician's Agreement - ABC Occupational Medical Center 1 AGREEMENT NO. ___________________
CITY PHYSICIAN'S AGREEMENT
This CITY PHYSICIAN’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 UNIVERSAL OCCUPATIONAL MEDICINE, INC (UOM) a Corporation authorized to do business in California (referred to herein as "CONTRACTOR").
R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and
WHEREAS, CITY desires to employ CONTRACTOR for pre-employment physicals, fitness- for-duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services; and
WHEREAS, CIT Y does no t have expertise currently o n staff to perfo rm City physician services; and
WHEREAS, CONTRACTOR submitted a response to Request for Proposal issued by CITY.
Said Request for Proposal and CONTRACTOR’s response are incorporated herein by reference as though fully set forth as EXHIBIT “A” and EXHIBIT “B”.
NOW, THEREFORE, incorporating the fore going 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: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre-employment physicals, fitness-for-duty physicals, drug testing and other medical services as set forth in the City’s Request for Proposal attached hereto and incorporated herein as EXHIBIT “A.” (“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”):
In accordance with the hourly rates
Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
2 as shown on EXHIBIT “B” attached and included by reference herein.
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 TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) in any given year for performing the Scope of Work, not to exceed ONE MILLION DOLLARS ($1,000,000) through the term of this Agreement.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminat e on December 31, 2029, and may be extended for one additional year.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. 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 r elating 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.
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 Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
3 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 licenses 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. 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.
15. INSURANCE.
15.1 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").
15.1.1 Professional liability insurance, providing coverage on claims made on the basis of errors and omissions with limits of not less than $1,000,000 per occurrence.
15.1.2 Automobile liability insurance , providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
15.1.3 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
4 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:
15.1.3.1 Provide contractual liability coverage for the terms of this Agreement;
15.1.3.2 Provide products and completed operations coverage;
15.1.3.3 Provide premises, operations, and mobile equipment coverage; and
15.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
15.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACT OR 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 workers’ 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.
15.2 General Provisions Applying to All Insurance Types.
15.2.1 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 pol icy 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 Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
5 means including other insurance or which is intended to defeat the intent or protection of an additional insured.
15.2.2 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, employee s, and designated volunteers must be excess of CONTRACTOR’s insurance and must not contribute with it.
15.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in les ser 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.
15.2.4 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.
15.2.5 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 the refor or for additional premiums which may be required by extensions of the policies of insurance.
15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.
15.2.7 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.
16. 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 Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
6 recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
17. 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 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 prov isions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
18. 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 the ories 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F
7 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.
24. 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 refere nce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
25. 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.
26. 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.
27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
28. 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.
29. NON-INTEREST. No CITY officer or employee 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 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: CHRISTI TENTER, HUMAN RESOURCES DIRECTOR
CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F 8 CONTRACTOR: UNIVERSAL OCCUPATIONAL MEDICINE, INC (UOM) 4200 BUCK OWENS BOULEVARD
BAKERSFIELD, CA 93308
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
32. 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.
33. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number __________________
CONTRACTOR is a corporation? Yes No ________
(Please check one.)
Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F 46-5474617
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9 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 UNIVERSAL OCCUPATIONAL MEDICINE, INC (UOM) By:________________________________ By:_________________________________
KAREN GOH RONALD D LOSA
Mayor Director of Business Development
APPROVED AS TO CONTENT:
HUMAN RESOURCES
By:_______________________________
CHRISTI TENTER
Director
APPROVED AS TO FORM: COUNTERSIGNED:
By:___________________________ By:___________________________
VIRGINIA GENNARO RANDY MCKEEGAN
City Attorney Finance Director
Insurance:____________
Attachment: EXHIBIT A – Request for Proposal
EXHIBIT B – Proposal from [Universal Occupational Medicine, Inc] Docusign Envelope ID: 6AC8D027-B5F3-4329-8A92-896702309E4F City Physician's Agreement - Universal Occupational Medicine, Inc. (UOM) 1 AGREEMENT NO. ___________________
CITY PHYSICIAN'S AGREEMENT
This CITY PHYSICIAN’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 VERNON C. SORENSON M.D., DBA MEMORIAL OCCUPATIONAL MEDICINE a Corporation authorized to do business in California (referred to herein as "CONTRACTOR").
R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and
WHEREAS, CITY desires to employ CONTRACTOR for pre-employment physicals, fitness- for-duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services; and
WHEREAS, CIT Y does no t have expertise currently o n staff to perfo rm City physician services; and
WHEREAS, CONTRACTOR submitted a response to Request for Proposal issued by CITY.
Said Request for Proposal and CONTRACTOR’s response are incorporated herein by reference as though fully set forth as EXHIBIT “A” and EXHIBIT “B”.
NOW, THEREFORE, incorporating the fore going 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: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre-employment physicals, fitness-for-duty physicals, drug testing and other medical services as set forth in the City’s Request for Proposal attached hereto and incorporated herein as EXHIBIT “A.” (“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”):
In accordance with the hourly rates
Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 2 as shown on EXHIBIT “B” attached and included by reference herein.
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 TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) in any given year for performing the Scope of Work, not to exceed ONE MILLION DOLLARS ($1,000,000) through the term of this Agreement.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminat e on December 31, 2029, and may be extended for one additional year.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. 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 r elating 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.
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 Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 3 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 licenses 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. 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.
15. INSURANCE.
15.1 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").
15.1.1 Professional liability insurance, providing coverage on claims made on the basis of errors and omissions with limits of not less than $1,000,000 per occurrence.
15.1.2 Automobile liability insurance , providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
15.1.3 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 4 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:
15.1.3.1 Provide contractual liability coverage for the terms of this Agreement;
15.1.3.2 Provide products and completed operations coverage;
15.1.3.3 Provide premises, operations, and mobile equipment coverage; and
15.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
15.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACT OR 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 workers’ 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.
15.2 General Provisions Applying to All Insurance Types.
15.2.1 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 pol icy 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 Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 5 means including other insurance or which is intended to defeat the intent or protection of an additional insured.
15.2.2 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, employee s, and designated volunteers must be excess of CONTRACTOR’s insurance and must not contribute with it.
15.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in les ser 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.
15.2.4 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.
15.2.5 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 the refor or for additional premiums which may be required by extensions of the policies of insurance.
15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.
15.2.7 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.
16. 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 Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 6 recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
17. 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 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 prov isions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
18. 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 r ecovery 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 7 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.
24. 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 refere nce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
25. 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.
26. 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.
27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
28. 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.
29. NON-INTEREST. No CITY officer or employee 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 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: CHRISTI TENTER, HUMAN RESOURCES DIRECTOR
CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 8 CONTRACTOR: VERNON C. SORENSON, M.D.
DBA MEMORIAL OCCUPATIONAL MEDICINE
3838 SAN DIMAS STREET SUITE B100
BAKERSFIELD, CALIFORNIA 93301
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
32. 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.
33. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number __________________
CONTRACTOR is a corporation? Yes No ________
(Please check one.)
Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 77-0323273
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[Additional Signatures on Following Page]
9 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 VERNON C. SORENSON, M.D.,
DBA MEMORIAL OCCUPATIONAL MEDICINE, INC.
By:________________________________ By:_________________________________ KAREN GOH VERNON C SORENSON, M.D.
Mayor Medical Director
APPROVED AS TO CONTENT:
HUMAN RESOURCES
By:_______________________________
CHRISTI TENTER
Director
APPROVED AS TO FORM: COUNTERSIGNED:
By:___________________________ By:___________________________
VIRGINIA GENNARO RANDY MCKEEGAN
City Attorney Finance Director
Insurance:____________
Attachment: EXHIBIT A – Request for Proposal
EXHIBIT B – Proposal from [Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine]
Docusign Envelope ID: 26BE0088-346F-44F8-88A2-D477B3F02496 City Physician's Agreement - Vernon C. Sorenson, M.D. dba Memorial Occupational Medicine 1 REQUEST FOR PROPOSAL (RFP)
TO PROCURE MEDICAL SERVICES
(CITY PHYSICIAN)
CITY OF BAKERSFIELD
Christi Tenter, Human Resources Director
Human Resources Department
City Hall North, 1600 Truxtun Ave, 1st Floor | Bakersfield, CA 93301
POSTED: June 23, 2025
DUE: July 25, 2025
2 REQUEST FOR PROPOSAL (RFP)
TO PROCURE MEDICAL SERVICES (CITY PHYSICIAN)
The City of Bakersfield is seeking qualified physicians to provide medical services as described herein, other than treating injuries for workers’ compensation , as the City's Physician.
Respondents to the Request for Proposal (RFP) are specifically directed not to contact any City personnel other than the contact person indicated below. It is suggested that you send a single email inquiry if there are multiple questions concerning the scop e of medical services required.
Christi Tenter, Human Resources Director
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301
Email: [email protected] | (661) 326-3408
HOW TO RESPOND TO THIS RFP:
In order to respond to this RFP, please submit three (3) hard copies of your proposal to the following address:
Shayla Collins, Human Resources Manager
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301
Email: [email protected] | (661) 326-3015
All envelopes/shipping boxes are to be clearly marked as follows:
RESPONSE TO REQUEST FOR PROPOSAL (RFP)
TO PROCURE MEDICAL SERVICES (CITY PHYSICIAN)
DUE DATE: This proposal is subject to a 30-day response period. Consideration has been included for mail delivery and holidays in calculating the respons e date. Proposers are solely responsible for ensuring timely receipt of proposals , and responses received after the due date may not be considered. Postmark date will not constitute timely 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 proposal.
Listed below are specific and estimated dates and times o f actions related to this RFP. The actions with specific dates must be completed as indicated unless otherwise changed. If it becomes necessary to change any of the specific dates and times in the calendar o f events listed below, an addendum to the RFP will be issued.
Anticipated Distribution of RFP ………………………………………….…………………………….06/23/25 Anticipated DUE DATE for Response to RFP…………………………...…………………………….07/25/25 Anticipated Notification of Final Selection, Tentative…………………………………………….09/01/25 3 GENERAL INFORMATION
The City of Bakersfield desires proposals from qualified physicians who will perform Pre - employment Physicals, Drug Screening s, Fitness -for-Duty Physicals, Vaccination Clinics, Driver's License Physicals, Hazardous Materials Physicals and Disability Retirement Evaluations. The following physicals were completed in a recent 12-month period.
91 Pre-employment Physicals
282 Pre-employment Drug Screens
79 Pre-employment DOT Physicals
179 Random Drug Screenings (includes DOT testing)
42 Fitness-for-Duty Physicals (Non-Industrial and Industrial)
88 DOT Medical Recertification Physicals
79 DOT Drug Screens
80 Functional Capacity Evaluations
The City of Bakersfield has approximately 2,000 full-time, regular employees, and approximately 125 temporary employees, depending on seasonal fluctuations.
The services of the City Physician will be retained until December 31 , 20 29. The agreement between the City of Bakersfield and the City Physician will be reviewed on an annual basis. The City reserves the right to contract with more than one service provider and an agreement does not constitute that a specific volume of business will be guaranteed.
4 SERVICES PROVIDED BY CITY PHYSICIAN
1. Pre-employment physical examinations
2. Functional capacity evaluations/assessments (including ADA assessments)
3. Department of Transportation Medical Recertification Physicals
4. Fitness-for-Duty evaluations and Disability Retirement evaluations
5. Drug Screenings (includes DOT regulated tests)
6. Hepatitis B inoculations including Firefighters, Police Officers, Lifeguards and other at-risk employees; (on-site and in-office)
7. Hazardous materials physicals for Fire Department Hazardous Materials Team
8. Medical/legal witness for the City Attorney's Office and Risk Management Division
9. Medical consultation for three (3) Civil Service Boards regarding medical appeals
10. On-site presentations and discussions with staff and employees regarding a variety of medical related employee wellness issues (i.e., weight control, cholesterol level, blood pressure, exercise), and other Risk Management related issues as requested
11. Annual influenza inoculations and vaccinations
SERVICES TO BE PROVIDED BY CITY STAFF
City staff will review and evaluate the proposals submitted and will present a report with a recommendation to the City Council. Final approval will be made by the City Council.
RFP INTERPRETATION AND ADDENDA
Interpretation of RFP:
All proposers shall carefully examine the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and type of services required.
Discrepancies, omissions or requests for interpretation should be submitted in writing to:
Christi Tenter, Human Resources Director
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301
5 Addenda:
Any change in the RFP will be made only by written addenda. Addenda issued by the City interpreting or changing any of the items in this RFP shall be incorporated into this RFP. The vendor shall sign and date the Addenda Cover Sheet , if any, and submit them with the proposal (or deliver them to the City Human Resources Office, if the vendor has previously submitted its proposal to the City). Failure to receive any addenda shall be the sole responsibility of the vendor. The vendor shall check with the City to ensure all addenda have been received prior to submitting any proposal. The city shall not be held liable in any event for failure of the vendor to receive addenda or letters of clarification.
TERMS AND CONDITIONS
Contract:
A sample agreement detailing the terms and conditions under which work is to be performed is attached. Although minor changes may be negotiated, the sample agreement is substantially as it will be in its final form. Requested changes to the terms and conditions of the agreement must be included in the agreement section of the proposal.
Compensation:
It is the City's preference to contract for the services to be performed under this Agreement on a fixed fee schedule.
Other Physicians:
The City Physician shall provide the City a complete listing of, and payment schedule for , all physicians, physical therapy facilities, laboratories, and other medical services which the City Physician uses as subcontractors for medical services provided to the City. The cost of these subcontractors will be the sole responsibility of the City Physician. The City will contract only with the City Physician who will be solely responsible for providing the services agreed to in the agreement.
Local Preference:
Whenever possible, the City requests the use of local health care providers and service facilities in close proximity to City facilities and operations. However, outside providers will not be excluded and are encouraged to submit an RFP.
Invoicing:
The provider’s clerical staff will work closely with the City’s Human Resources and Risk Management staff in ensuring, to the extent possible, the following:
1. Invoices and statements are issued at approximately the same time and in a consistent time frame
2. On follow -up appointments, the original appointment date will be referenced on the new invoice
6 3. For drug screens and pre -employment physicals, note on the invoice whether the test is for a regular or temporary employee
4. The City employee authorizing any appointment will be noted on the invoice.
GENERAL INSTRUCTIONS
The submission of a proposal shall be conclusive evidence that the provider has investigated and is satisfied as to the conditions to be encountered, the type, quality and scope of work to be performed and the requirements of the City.
Proposal to Remain Firm:
All proposals shall remain firm for a period of at least one hundred twenty ( 120) days from July 25, 2025.
Compliance with all Laws:
The vendor shall, at the vendor’s sole cost, in responding to this RFP, and in carrying out the terms of the agreement, should an agreement be awarded, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, and shall faithfully observe in all activities relating to or growing out of this proposal all municipal ordinances and state and federal statutes, rules and 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 §5.02) where required.
Signature of Provider:
The proposal and any clarification thereto shall be signed by an officer of the provider company or designated agent empowered to bind the firm in an agreement.
Complete Written Proposal:
Only written proposals will be accepted. No oral, facsimile, telegraph, telephone or electronic proposals or submissions will be considered. The completed proposal shall be without interlineation, alteration or erasers. Unnecessarily lengthy documents are discouraged.
PROPOSAL FORMAT AND CONTENTS
For ease in review and to facilitate evaluation, the proposals submitted for this project should be organized and presented in the following requested order:
Cover Page
Name of Company and Proposal Title
Organizational Information
7 Provide specific information concerning your firm in this section. If two or more companies are involved, information concerning the working relationship between the company, i.e., primary physician/other physician must be provided.
(a) Agreement Information
Provide a list of any agreements you may have with the City of Bakersfield. (b) Medical Practice Information
Describe your current medical practice and the approximate percentage of time dedicated to various medical services.
(c) Other
Provide a list of any ownership interests you may have with any medical facility, including, but not limited to, laboratories, radiology, and equipment.
Specification re Computer-Integrated Linkup:
Provide specifications regarding computer -integrated communication linkup to the City’s Risk Management and Human Resources D epartments for purposes of billing and accessing patient status. Provide security measures for the same. Describe how the program works.
Qualifications and Experience:
Provide specific information in this section concerning your company and/or other physicians' capabilities and experience as it relates to the services provided.
Provide a list of other organizations which your company works with and provides medical services that are of a similar nature to the City of Bakersfield. Include names and telephone numbers of three (3) references for these services provided.
Professional Team:
Include the name and location of the office where the work is to be performed. Provide a list of personnel who are part of your staff , and the length of time employed. Attach curriculum vitae for medical doctors (including any board certifications), and all significant members of the professional staff which reflect their experience in this type of work. Indicate hospital(s) affiliation for each physician. Finally, provide an organizational chart for the professional staff which identifies their titles.
Insurance Requirements:
Prior to beginning work, the vendor will provide evidence of the following insurance coverage:
1. Professional Liability Insurance providing coverage on claims made on the basis of errors and omissions with limits of not less than one million dollars ($1,000,000).
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 one thousand dollars ($1,000.000) per occurrence. 8 3. Workers’ Compensation with statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor council, officers, agents, employees and volunteers.
4. General Liability Insurance with limits of not less than one million dollars ($1,000,000) per occurrence; the Workers’ Compensation insurance policy shall include a waiver of subrogation endorsement in favor of the City of Bakersfield.
The General Liability insurance policy shall include an additional insured endorsement naming the City of Bakersfield, its mayor, council members, agents and employees as additional insureds with limits of not less than one million dollars ($1,000,000) per occurrence.
All policies required of the vendor shall be primary insurance as to the City, its mayor, council members, officers, agents, employees, or designated volunteers and any insurance or self -insurance maintained by the City shall be excess of the vendor’s insurance; shall not contribute with it.
All policies shall contain an endorsement providing the City with thirty (30) days’ written notice of cancellation or material change in policy language or terms.
The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the City.
The vendor shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The City may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.
Full compensation for all premiums , which the vendor is required to pay on all of the insurance described herein, shall be considered as included in the prices paid for the various items of work to be performed under the agreement, and no additional allowance will be made for additional premiums which may be required by extensions of the policies of insurance.
It is further understood and agreed , by the vendor, that its liability to the City shall not in any way be limited to or affected by the amount of insurance obtained and carried by the vendor in connection with this Agreement.
Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the “basic insurance requirements” set forth above shall be provided by, or on behalf of, all subcontractors.
Cost of Services:
An itemized fee schedule should be included based upon the scope of work to be performed as enumerated in the attached Fee Schedule Exhibits A - I.
Sample Reports:
The proposal shall contain written samples of status reports that would be submitted to the City on a Pre-employment Physical, D epartment of Transportation Medical Recertification Physical, and a Fitness-for-Duty Physical.
9 Exceptions (General):
If you cannot comply with any conditions of the scope of work to be performed, explain what conditions cannot be complied with and the reason.
Exceptions to Contract Terms:
If you cannot comply with any conditions of the contract, explain what conditions cannot be complied with, and the reason.
SELECTION PROCESS
Solicitation Caveat:
The issuance of this solicitation does not constitute an award commitment on the part of the City, nor shall the City pay for costs incurred in the preparation of, or submission of proposals.
Initial Screening:
All proposals received by the specified deadline will be reviewed by the City staff for content, fee charges, related experience and professional qualifications of physicians and other professional staff (including length of the employment with the facility). City staff will then make a recommendation to the City Council. Included in the review may be an inspection of the facility. Interviews of th e selected companies may be conducted as part of the final selection process. The award of the agreement is contingent upon approval by the City of Bakersfield City Council.
The City reserves the right to select the proposal(s) which, in its sole judgment, best meets the needs of the City.
Rejection of Proposals:
The City reserves the right to reject any and all proposals received and to waive any informality, technical defect or clerical error in any proposal as the interest of the City may require. Applicants submitting proposals which do not substantially meet the requirements will be considered noncompliant.
Notification:
After evaluation of proposals and approval by the City of Bakersfield, all pro posers will be notified by letter of the new provider(s), within twenty (20) days of the final selection.
The contents of the proposal and any clarification thereto submitted by the successful pro poser shall become part of the contractual obligation and be incorporated by reference into the ensuring agreement.
All proposals become the property of the City of Bakersfield and are subject to the California Public Records Act.
10 SELECTION CRITERIA
The City of Bakersfield reserves the right to award this Agreement not necessarily to the company with the lowest cost, but to the company which will provide the best overall match to the RFP requirements.
Failure to provide the requested information or unwillingness to accept the terms, conditions and other requirements of this RFP may result in rejection of the proposal.
Companies may be selected for oral interviews based on their overall quality of written response to the RFP, public entity cost containment experience, computer systems and compatibility, fee structure and overall costs, and experience and skill of staff.
An evaluation team comprised of representatives of the City of Bakersfield and other team members as deemed necessary will review all proposals meeting the criteria of this RFP. Proposals will be evaluated using a weighting factor for the criteria listed below.
Failure to provide the requested information or unwillingness to accept terms, conditions and other requirements of this RFP may result in rejection of the proposal. The City of Bakersfield reserves the right without prejudice to reject any or all proposals.
Provider Qualifications:
The criteria will measure the ability of the prospective physician to successfully complete the scope of work as required. Consideration will be given, but not limited to, the following, with points or rating factors applied. The sum of the factors will be the total given to this grouping.
1. Expertise, experience, education, license and certification.
2. Ability to write comprehensive, logical and concise reports.
3. Ability to be on-call 24 hours, 7 days a week.
4. Ability to complete medical examinations in accordance with the POST Medical Screening Manual.
5. Prior experience in toxic and pesticide exposures, disability evaluation, and drug testing. (Include documentation.)
6. Review of listed references.
7. Professional training or other experience that qualifies physician to testify in areas of claims liability and Americans with Disabilities Act.
8. Professional training of other members of professional staff.
9. Experience in testifying in court. This should include, but not be limited to, the number of times the physician has testified in court and in what areas of expertise the physician has been certified in by the Superior Court. In addition, experience testifying at Workers' 11 Compensation Appeals Board Hearing s. Administrative Hearings and at depositions. (Submit any relevant documentation.)
10. Adequacy of facilities and equipment.
11. Ability to conduct physical examinations within a reasonable time and provide medical reports within a maximum of three (3) days of the examination.
12. Ability to see employees or applicants within a reasonable time of scheduled appointment.
13. Availability for telephone and/or in person conferences by City management staff.
14. Cost of services including sufficiency of detail.
15. Ability to commence services upon contract approval.
16. Professional Merit: The soundness of the program and professionalism of the content will be evaluated by these criteria . This is to include such things as knowledge of content , the types of medical issues , and the varied services the City Physician will perform. In addition, reasonableness of staffing plans, soundness of approach and quality of the total program offered will be considered.
APPENDIX
INSTRUCTIONS
FOR EACH SERVICE OR EXAMINATION SPECIFIED IN THE FOLLOWING EXHIBITS A - J, INDICATE THE COMPONENT FEE CHARGED FOR THAT SERVICE OR EXAMINATION. ALSO , INDICATE THE TITLE OF THE INDIVIDUAL ADMINISTERING THE TEST.
INCLUDE ADDITIONAL TESTS OR SERVICES AS APPROPRIATE WITH THE FEE SCHEDULE FOR EACH TEST.
12 EXHIBIT A
City of Bakersfield Fee Schedule for
Hazardous Materials Physical for Fire Department
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)
$
Oxygen Uptake for MET Level $
Audiogram $
Spirometry with completed Respiratory
Questionnaire
$
Urinalysis $
Cholinesterase Levels $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Occult Feces Blood Screen $
Heavy Metal Testing: (Cadium;
Beryllium; Lead; Mercury; Arsenic)
$
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Functional Capacity Evaluation $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
13 EXHIBIT B
City of Bakersfield Fee Schedule for
Pre-Employment Physical for Fire Department
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Oxygen Uptake for MET Level** $
Audiogram $
Spirometry $
Urinalysis $
TB Skin Test $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Drug Screen $
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Occult Feces Blood Screen ** $
Respiratory Questionnaire $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
14 EXHIBIT C
City of Bakersfield Fee Schedule for
Voluntary Annual Physical for Fire and Police
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
PSA if over 40 years old $
X-ray Chest 2 views $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
15 EXHIBIT D
City of Bakersfield Fee Schedule for
Police Department
Clandestine Lab Training Physical
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)
$
Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
X-ray Chest 2 views $
Respiratory Questionnaire $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
16 EXHIBIT E
City of Bakersfield Fee Schedule for
Police Department
FBI Hazardous Devices School Physical
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)
$
Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
X-ray Chest 2 views $
Functional Capacity Evaluation $
Respiratory Questionnaire $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
17 EXHIBIT F
City of Bakersfield Fee Schedule for
Pre-Employment Physical for Police Department
RFP 2025
Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Audiogram $
Spirometry $
TB Skin Test $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Drug Screen $
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Respiratory Questionnaire $
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
18 EXHIBIT G
City of Bakersfield Fee Schedule for
Miscellaneous Services
RFP 2025
Service Fee Title of Person Performing Services
Educational Programs
Heart Disease $
Hypertension $
Colon Cancer $
Back Care $
Heat Illness $
Exercise and Fitness $
Nutrition/Weight Control $
Substance Abuse $
Stress Management $
Tobacco & Alcohol $
Screening Programs $
Diabetes $
Weight Control $
Hypertension $
MMR Titer $
Varicella/Zoster Titer $
TDAP-Tetanus, Diphtheria, Pertussis $
Tuberculosis Skin Test $
Tuberculosis Chest X-ray $
MMR Booster $
Varicella/Zoster Vaccine $
19 Respirator Fit Test $
Respirator Fit Test Full Face $
Respirator Questionnaire $
Spirometry $
Seasonal Influenza $
*On-Site Clinic Fee $
Hepatitis Vaccination (A, B, A/B
Twinrix)
$
Near Vision Testing
$
Medical Consultation for Committees
or Boards Regarding Medical Appeals
$
Fitness for Duty $
Functional Capacity Evaluations $
Med/Legal Witness for the City
Attorney’s Office and Risk
Management
$
DOT Recertification Physical $
Urine Drug Screen (DOT) $
Management of DOT Program $
Any Additional Tests Or Pricing That Is
Pertinent To Include
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
*Seasonal Influenza and other vaccinations are typically administered a t an on -site clinic at our employer location. Indicate if there is a fee for services involving an on -site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE.
20 EXHIBIT H
City Of Bakersfield Fee Schedule for
Pre-Employment Physical for Group A (Med-Heavy Laborer) RFP 2025
Service Fee Title of Person Performing Services Drug Screen – Rapid
*Do not proceed unless negative
results
$
Complete History and Physical Exam $
Functional Capacity Evaluation
*As requested per position
requirements
$
DOT Physical/Drug Screen
*As requested per position
requirements
$
Audiogram
*As requested per position
requirements
$
Spirometry
*As requested per position
requirements
$
TB Skin Test
*As requested per position
requirements
$
Total
$
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
21 EXHIBIT I
City Of Bakersfield Fee Schedule for
Pre-Employment Physical for Group B (Professional/Light Work) RFP 2025
Service Fee Title of Person Performing Services Drug Screen – Rapid
*Do not proceed unless negative
results
$
Complete History and Physical Exam $
TB Skin Test
*As requested per position
requirements
$
$
$
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
22 EXHIBIT J
City Of Bakersfield Fee Schedule for
Disability Retirement Medical Evaluations
RFP 2025
Pursuant to state statutes, t he City of Bakersfield is respo nsible for recommending disability retirements for safety members of the City of Bakersfield, through the Disability Retirement Committee.
In some cases, the Disability Retirement Committee may request an independent medical evaluation by the City Physician in order to obtain clarification on a medical condition, or additional information regarding work restrictions. Depending on the medical condition, the City Physician may elect to also refer the case to a specialist for an evaluation to assist in making a comprehensive opinion about an employee’s medical condition and ability to work.
Service Fee Title of Person Performing Services
Complete History and Physical Exam
$
Functional Capacity Evaluation
*Physician to determine if necessary
for medical determinations.
$
$
$
$
Total $
Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
23 SAMPLE
AGREEMENT NO. ___________________
CITY PHYSICAN'S AGREEMENT
This CITY PHYSICIAN’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:
Individual; 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 CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and
WHEREAS, CITY desires to employ CONTRACTOR for pre -employment physicals, fitness- for-duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services; and
WHEREAS, CITY does not have expertise currently on staff to perform City physician services; and
WHEREAS, CONTRACTOR submitted a response to Request for Proposal issued by CITY.
Said Request for Proposal and CONTRACTOR’s response are incorporated herein by reference as though fully set forth as EXHIBIT “A” and EXHIBIT “B”.
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: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre-employment physicals, fitness-for-duty physicals, drug testing and other medical services as set forth in the City’s Request for Proposal attached hereto and incorporated herein as EXHIBIT “A.” (“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”):
On an hourly [or time/material] basis in accordance with the hourly rates as shown on EXHIBIT “B” attached and included by reference herein. 24 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 terminat e on December 31, 2029, and may be extended for one additional year.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS . 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.
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. 25 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 licenses 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. 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.
15. INSURANCE.
15.1 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").
15.1.1 Professional liability insurance, providing coverage on claims made on the basis of errors and omissions with limits of not less than $1,000,000 per occurrence.
15.1.2 Automobile liability insurance , providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
15.1.3 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
15.1.3.1 Provide contractual liability coverage for the terms of this Agreement;
15.1.3.2 Provide products and completed operations coverage;
15.1.3.3 Provide premises, operations, and mobile equipment 26 coverage; and
15.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
15.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, 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 workers’ 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.
15.2 General Provisions Applying to All Insurance Types.
15.2.1 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.
15.2.2 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 C ONTRACTOR’s insurance and must not contribute with it.
15.2.3 The insurance required above, except for workers’ compensation 27 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.
15.2.4 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.
15.2.5 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.
15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.
15.2.7 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.
16. 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.
17. 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 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.
18. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, 28 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 29 from this Agreement shall be brought in Kern County, California.
27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
28. 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.
29. NON-INTEREST. No CITY officer or employee 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 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: CHRISTI TENTER, HUMAN RESOURCES DIRECTOR
CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: ___________________________
___________________________
___________________________
___________________________
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
32. 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.
33. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number __________________
CONTRACTOR is a corporation? Yes No ________ (Please check one.)
30 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 [NAME OF CONTRACTOR]
By:________________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title: ________________________________
APPROVED AS TO CONTENT:
[CITY DEPARTMENT NAME]
By:_______________________________
[DEPARTMENT HEAD NAME]
[Title]
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
[ATTORNEY NAME]
[Title]
Insurance:____________
COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
Attachment: EXHIBIT A – Request for Proposal
EXHIBIT B – Proposal from [Name of Contractor]
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: September 18, 2025
SUBJECT: Agreement with Greenfield Union School District (compensation to the City not to exceed $165,000) to provide School Resource Officer services. (Wards 1 & 7)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In February 2018, the Bakersfield Police Department (BPD) and the Bakersfield City School District (BCSD), as recommended by the City Council’s Safe Neighborhoods Committee, implemented a pilot project to engage t wo full -time school resource officers (SRO) dedicated to BCSD schools. The goal of this partnership was to reduce chronic absenteeism, chronic truancy violence, drug and alcohol use, gang involvement, bullying, and harassment in the community to help in en suring BCSD schools are safe learning environments with positive school culture.
On August 23, 2023, the BPD and Greenfield Union School District (GUSD) entered into Agreement No. 2023-201 in the amount of $150,000 and a term date of July 31, 2024, to begin SRO services within their district.
On August 28, 2024, the BPD and GUSD entered into Agreement No. 2024-227 in the amount of $160,000 and a term date of July 31, 2024, to provide SROs to work with GUSD and site administration, parents, students, the surrounding community and other appropriate outside agencies as needed, to primarily address chronic absenteeism and truancy, as well as support a positive school climate and school safety.
The SROs are available to respond to emergency calls for service for the BPD but will otherwise report to the superintendent or designee when working as an SRO on school related business.
FISCAL IMPACT:
Due to the success of the program the BPD and GUSD would like to continue the SRO program for the 2025-26 school year. The district will pay at the following rate:
School year 2025-26 a rate of $7,160 per officer per two (2) weeks of service with a not to exceed compensation amount of $165,000.
GUSD will only be billed for the weeks the district schools are in session, plus one additional week immediately prior to the first week of the school year and one additional week immediately following the last week of the school year. GUSD may also be billed for the weeks summer school is in session if SROs are requested. Any additional services, including overtime, will be charged to GUSD at actual costs to the City in addition to the baseline figure quoted above if such additional services are mutually agreed upon in writing by both City and GUSD prior to services being rendered. All of the Costs born by the City for this service will be reimbursed by the GUSD.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Agreement
2. Exhibit A
EXHIBIT A
School Resource Officer (SRO)
Job Duties
Goal: Have a visible and active resource role within the school community to better address the underlying community and socio-economic conditions that affect chronic absenteeism, truancy, school climate and safety.
Performance Responsibilities/Essential Functions
1. Provide school resource officer services to the school, school grounds and areas adjacent to the school during the normal school day and at co-c urricular, extracurricular and non- academic events as needed. Investigate allegations of criminal incidents pursuant to Bakersfield Police Department policies and procedur es. Enforce state and local laws and ordinances. Make appropriate referrals to juvenile authorities or other governmental agencies.
2. The SRO will work together with District staff t o improve student attendance and address chronic absenteeism and truancy by building relatio nships with school staff, students, their families, and the community surrounding the school. In an effort to prevent juvenile delinquency through close contact and positive rela tionships with students, families, faculty and staff, SRO will conduct truancy related home visits for students and families, as identified by the District, who reside within the Target Area, and report interactions and outcomes of home visits to identified District staff. Work with District staff using positive behavior supports and interventions targeted to increase attendance and school success.
3. Participate in School Attendance Review Board (S ARB) hearings as requested by the District.
Issue citations for truancy and chronic absenteeism within the authority afforded under the law.
4. Be personable, approachable and available in ord er to mentor and build positive relationships with students and families. Mentor students to help them make appropriate choices and to understand and appreciate the opportunities that ar e available to them. Act as a role model for students and assist them in solving problems, resolving conflicts. Promote the profession of law enforcement officer and be a positive role model. Increase the visibility and accessibility of law enforcement to the school community. Provide weekly mentoring check-ins with up to ten (10) students per officer.
5. Work with school student support staff to assist students and to provide services to students involved in situations where referrals to service a gencies are necessary. Assist in efforts related to crisis response, threat assessment, conf lict resolution, parent involvement and engagement, and truancy.
6. Attend District trainings in order to obtain a f undamental understanding of the District’s Code of Conduct, requirements as to school removals and related student discipline procedures, including due process requirements and positive beh avior supports and interventions.
Demonstrate and apply a general understanding of the characteristics of the different stages of adolescence, as well as the various methods in c ommunicating effectively with students whose disabilities are not patently obvious but sig nificantly impair those students’ ability to understand verbal and non-verbal communication, particularly in stressful situations.
EXHIBIT A
7. Establish and maintain a close partnership with school administrators, faculty and staff in order to provide for a safe school environment, including school removals, their impact, student discipline parameters and procedures, community issues such as understanding gang related activities and promoting drug and alcohol awareness. Assist school officials with their efforts to enforce Board policies and procedures. Ensure sc hool administrator safety by being present during school searches, which may involve w eapons, controlled dangerous substances or in such cases that, the student's emo tional state may present a risk to the administrator. Upon request, assist school administ rators in emergency crisis planning and building security matters. Upon request, provide a course of training for school personnel in handling crisis situations, which may arise at the school.
8. Perform duties as determined by the Superintendent or designee (other than those regularly assigned) to support the District in maintaining sa fe school environment, including assisting in individual school emergencies such as accidents or injury, choking or anaphylactic shock.
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: September 16, 2025
SUBJECT: Agreement with the Trustees of the University of Pensylvania (not to exceed $400,000) to continue providing technical assistance and assist the City in preparing the CalVIP Cohort 5 grant application
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In September 2020, the City of Bakersfield was awarded a $1.5 million California Violence Intervention and Prevention (CalVIP) Cohort 3 grant from the Board of State and Community Corrections (BSCC) to implement a focused deterrence strategy to reduce gun violence. Since that time, the City has partnered with the California Partnership for Safe Communities (CPSC) to provide technical assistance, training, problem analysis, and evaluation. This partnership has contributed to measurable reductions in homicides, the seizure of illegal firearms, and improved community-police relations.
In February 2025, the City established the Office of Violence Intervention and Prevention (OVIP) to formalize and sustain CalVIP efforts. CPSC merged with the Crime and Justice Policy Lab (CJP) and is now known as CJP West, which is under the direction of The Trustees of the University of Pennsylvania. CJP West supported the City in preparing the CalVIP Cohort 5 grant application, which was submitted on August 15, 2025. To continue building on this progress and to prepare for Cohort 5 implementation, the City seeks to enter into a new agreement with CJP West.
Due to the University of Pennsylvania’s extensive internal review process, finalization of this agreement was delayed. To avoid disruption in services and ensure timely support with the City’s Cohort 5 application, CJP West began providing technical assistance as of July 1, 2025, with the understanding that invoices would not be processed until execution of this agreement.
Under the proposed agreement, CJP West will continue providing technical support to strengthen OVIP’s management cycle, assist with the implementation of the Bakersfield Partnership Council, advise on best practices and staffing needs, and provide evaluation services, including an independent impact study of Bakersfield’s gun violence reduction strategy.
FISCAL IMPACT:
Funding for this agreement has been budgeted in the City Manager’s Office annual budget.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Agreement
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent – Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: September 24, 2025
SUBJECT: Agreement with M and M Landscape and Concrete (not to exceed $150,000) to provide landscape service for the Wastewater Division.
RECOMMENDATION:
Staff recommend approval of agreements.
BACKGROUND:
Wastewater Treatment Plant No. 3 (Plant 3) has landscaped areas that require maintenance services beyond the limits of available staff. These services include , but are not limited to, maintaining trees, shrubs, ground cover, turf areas, as well as providing weed control, debris removal, and repairs.
On August 15, 2025, City advertised a Request for Qualification and Proposals (RFQ/P) to provide landscape services for the Wastewater Division. On September 12, 2025, City received three acceptabl e qualifications and proposals:
M & M Landscape & Concrete (Bakersfield, CA)
EMTS, Inc. dba Elite Maintenance and Tree Service (Bakersfield, CA) Pest Options, Inc. (Fullerton, CA)
City staff recommend approval of agreement with M & M Landscape & Concr ete based on their fee proposal. The proposed agreement is for a one -year term, with total compensation not to exceed $150,000.
FISCAL IMPACT:
Sufficient funds are budgeted in the Sewer Enterprise Fund for this agreement, therefore, there is no impact to the City General Fund associated with this amendment.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Agreement
2. Exhibit A
3. Exhibit B
Request for Qualification/Proposals (RFQ/P)
Wastewater Treatment Plant 3 Landscape Maintenance
Water Department Wastewater Division
Bakersfield, California
August 15, 2025
Contractors wishing to be considered for this project should thoroughly read this Request for Qualification/Proposals (RFQ/P). Information required to be provided in a Proposal package is detailed in Section V . Contractors submitting a Proposal package must do so in accordance with the requirements of Section VI. As required by section VIII, a signed copy of the enclosed sample agreement must be submitted with a Proposal package.
I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
The City of Bakersfield (City) Wastewater Division is seeking a con tractor with substantial experience in the maintenance of public landscape improvements. The contractor will be responsible for maintaining the landscaped area at Wastewater Treatment Plant 3 (WWTP #3) for a one-year term, with the option to renew annually for up to three additional one-year periods under mutually agreeable terms.
All landscape maintenance work performed shall be subject to prevailing wages in accordance with the State of California Department of Industrial Relations. The Contractor must be registered as a Public Works Contractor with the Department of Industrial Relations and must maintain valid registration for the duration of the agreement.
Possession of a valid C-27 Contractor’s License is required. Contractors submitting a proposal shall possess a Qualified Applicators License through the Kern County Agricultural Commissioner’s office at the time of receiving proposals.
A site visit to tour the facility in person can be arranged upon request during normal operating hours from August 25th to 29th. (Please see contact information under Section IX).
II. SERVICES TO BE PROVIDED BY THE CONTRACTOR (SCOPE OF WORK) The Contractor shall have a professional staff to provide all the services necessary for the project as defined in Sections I (General), and II (Scope of Work). The Contractor shall have the staff and resources required to complete the tasks as defined in Sections I and II of this RF Q/P and at the location shown in “Landscape Locations” (Attachment RFQ/P-5) within the stated time schedule. When needed for the Scope of Work, the Contractor shall coordinate with other contractors which operate in WWTP #3
A. General
1. In general, the Contractor shall construct, maintain, repair, install, or subcontract the development of landscape systems and facilities for WWTP #3 which is designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure , tract, or plot of land. In connection therewith, the Contractor shall prepare and grade plots and areas of land for the installation of any architectural, horticultural and decorative treatment or arrangement.
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2. All waste and debris generated from landscaping maintenance activities shall be disposed of either at the City of Bakersfield’s Green Waste Facility or off - site as determined by the Contractor.
3. The Contractor shall apply proper and necessary fertilizer.
4. The City shall be responsible for the payment of water and electric utilities for the project. However, the Contractor shall adjust water application to compensate for seasonal conditions.
5. The Contractor shall provide all labor, materials and equipment to perform work and maintenance during the contract period, as specified herein.
6. Contractor shall perform a review of the landsc ape with designated Wastewater Staff every two months. Inefficiencies shall be documented and corrected by the Contractor. Consistent discovery of inefficiencies may lead to termination of the Contractor’s agreement.
B. Trees
1. The purpose of staking trees is to support and protect young trees until they can stand alone . All tree stakes and ties shall be maintained to properly support the tree.
2. Stakes and ties shall be inspected, at minimum, once every 60 days to prevent rubbing or chafing of trunks and branches, which may cause bark wounds.
Stakes should not remain on trees for longer than a one-year period.
3. All trees shall be pruned to allow the trees to grow to their natural genetic form and size. All trees shall be pruned to promote structural strength and to accentuate the natural form and features of the tree. Pruning must be carried out to permit unobstructed passage to pedestrian and motor vehicles, as well as prevent sight restrictions.
4. Stripping of lower branches or “raising up ,” of young tress shall not be permitted. Lower branches should be cut off only after the tree is able to stand erect without staking or other support.
5. Thinning of certain species and individual specimens may be required to prevent wind damage. Suckers, water sprouts, rubbing and heavily laden branches shall be removed to provide less wind resistance.
6. All trees shall be o bserved for sign s of nutrient deficiencies and treated to correct deficiencies throughout the year.
7. Contractor shall be responsible for tree maintenance up to 10 feet of height.
Any tree maintenance required above 10 feet of height shall not be the Contractor’s responsibility under this agreement.
C. Shrubs
1. Shrubs shall be pruned to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or damaged
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growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.
2. Shrubs must be trimmed as needed to permit unobstructed passage to vehicles and pedestrians. Trimming near vehicular entry or exits shall be carried out to prevent sight restrictions. Shrubs and groundcover must be trimmed 4 inches from the sidewalk and curb.
3. Shrubs shall be pruned to conform to the design concept of the landscape.
Individual shrubs shall not be clipped into balled or boxed form, except where specifically instructed.
4. All shrubs and plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of Wastewater Staff and properly identified prior to treatment.
D. Ground Cover
1. Established ground cover bordering sidewalks or curbs shall be edged as often as necessary to prevent encroachment. Ground cover may not grow out past the perimeter fences
2. Ground covers shall not be allowed to touch or cover the crown of shrubs and trees.
3. Some ground cover may require cutting back to remove woody growth and promote vigor. This shall be performed at the direction of Wastewater Staff.
E. Turf Areas
1. Lawns shall be mowed weekly on the same weekday.
2. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species.
3. Excessive grass clippings shall be collected and disposed of off-site. Sidewalks and street shall be clean of clippings.
4. All lawn edges along sidewalks and curbs shall be edged before each mowing during the active growth season and as required for appearance for the remainder of the year.
5. Care shall be taken to insure that bark of trees and shrubs are not damag ed or stripped by line trimmer.
6. Proper fertilization of the lawn should be completed on a yearly schedule to insure healthy appearance. Maintain a fertilization log for Wastewater Staff to review.
F. Debris Removal
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1. Litter and trash shall be removed from all areas on a weekly basis.
2. Hardscape (sidewalks, patios, driveways, etc.) shall be swept or blown free of debris weekly.
G. Irrigation
1. Contractor shall maintain a log of current sprinkler station time. A copy of the log shall be given to the Wastewater Staff every two months. The log shall include, but not limited to:
a. Controller and station locations
b. Scheduled days to run
c. Start times
d. Each Station’s run time and end time
e. Contractor’s employee initial and date
f. Report and flag all water leaks and/or system malfunction
2. The irrigation shall be operated at an appropriate seasonal schedule, using the least amount of water necessary to maintain the growth, health, and vigor of all landscape plant material.
3. Irrigation controllers shall be re-programmed at a minimum of once a month in order to match plant material water needs to the irrigation applied. Adjust controllers per current California Irrigation Management Information System (CIMIS) current version. Irrigation shall be scheduled during the night or early morning.
4. When a sufficient amount of rainfall has occurred, Contractor will turn off the irrigation system until it is necessary to water again.
H. Weed Control
1. All areas indicated on “Landscape Overview and Locations” (Attachment RFQ/P-5) shall be kept free of weeds as well as “Additional Weed Control Area” (Attachment RFQ/P-6). Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.
2. Contractor shall be responsible for providing their herbicides, chemicals, and equipment for weed control. Before applying herbicides, the type of weed shall be identified and the control selection, accordingly, using the most efficient control for the species, the location and the season. Wastewater Staff shall be provided with the labeling (SDS) for each herbicide proposed before the product is applied.
3. Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control.
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4. Before weeds exceed two (2) inches in height, they shall be removed and disposed of off-site.
5. Serious weeds pests (i.e. blackberry, nut sedge or bind weeds) shall be spot sprayed with a non -selective post -emergent herbicide as specified by a weed abatement company, and left in place for (7) seven days. Areas sprayed shall remain unwatered for a minimum of forty-eight (48) hours.
6. Dead weeds shall be removed seven (7) days after application and disposed of off-site.
7. Apply pesticides to abate weeds and pests. All chemical applications must be per state licensed advisors and applications.
8. In addition to the items above the following will also apply to the Solar Field Area as seen in (Attachment RFQ/P-6):
a. No mechanical means may be used for the area to control weeds. b. Litter and trash, including leaves, rubbish, and tumbleweeds shall be removed from area on a weekly basis.
I. Tumbleweed Removal and Disposal
1. All areas indicated on “ Tumbleweed Removal Locations” (Attachment RFQ/P-7) shall be kept free of tumbleweeds.
2. All collected tumbleweeds shall be properly dispo sed off-site at the discretion of the Contractor.
J. Additional Repair and maintenance
1. The contractor shall construct, maintain, repair, and install all landscape systems to improve the grounds at and around the WWTP #3 ; this includes but is not limited to sprinklers, valves, irrigation pipes, irrigation controllers, etc.
2. Contractor is required to maintain and repair all landscape systems on the property.
3. Contractor shall maintain a reasonable inventory of commonly required repair parts on their service vehicle to facilitate prompt landscape repairs.
4. Repairs shall be made with the same brand, make, and model of component. When Contractor repairs are made using alternative brand, make, or models of the components the City Staff must first approve before installation. Repairs shall always maintain the system efficiency or enhance the efficiency for the better.
III. TIME SCHEDULE
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Work is t o begin u pon adoption of an agreement between the City and the successful Contractor and be carried out as described in the scope of work. The anticipated City Council award date is October 8, 2025.
IV. FEE PROPOSAL
All contractors shall submit a fee proposal based on the Scope of Work described in this RFQ/P. The fee proposal must include a filled out and signed copy of “Proposal Form” (Attachment RFQ/P-4).
The City is also requesting a n “Hourly Rate sheet ” for Additional Repairs and Maintenance.
Request for payment of services shall be billed to the City on a monthly basis.
V. SUBMITTAL OF FEE PROPOSAL
Contractors responding to this RF Q/P must include the following items in their submittal package:
A. One copy of the completed “General Information Sheet” (Attachment RFQ/P-1) signed by a company official; and
B. One signed copy of the Draft Independent Contractor ’s Agreement for this project (refer to Section VIII, “CONTRACT DOCUMENTS”, of this RFQ/P).
C. One copy of “Proposal Form” (Attachment RF Q/P-) filled out, signed, and in its own sealed envelope labeled: “Fee Proposal”.
D. One copy of “ Hourly Rate Sheet” for Additional Repairs and Maintenance as requested in (Attachment RFQ/P 4).
The submittal items must be placed into a sealed envelope bearing PROPOSER’ s name and the words
Proposal for Landscape Maintenance Contract
Wastewater Treatment Plant 3
Bakersfield, California
Before 3:00 p.m. on Friday, September 12, 2025, the submittal package must be delivered to:
Jesus Banuelos, Engineer II
Water Department Wastewater Division
6901 McCutchen Road
Bakersfield, California, 93313
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer’s responsibility to meet the deadline stated above.
Submittals which do not conta in the required documents and all the i nformation requested in this RF Q/P may be considered non -responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non-responsive. Fax copies will not be accepted.
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VI. SELECTION OF CONTRACTOR
The Contractor shall have qualified professional staff and necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFQ/P.
Selection process will be based on the City’s evaluation of the Proposer’s fees listed on the Proposal Form. The City will award a contract to one Proposer after reviewing all the Proposer’s proposal forms.
The submission of a proposal shall be conclusive evidence that the Proposer and its subcontractors have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.
VII. SOLICITATION CAVEAT
The PROPOSER and its subcon tractors understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subcontractors in responding to this Request for Proposals and shall not be liable for any PROPOSER or its subcon tractors costs attributed to their own study and investigation or design of a specific project until Proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed.
The City of Bakersfield reserves the right to terminate this Request for Proposals after three (3) days’ notice to all prospective Proposers.
VIII. CONTRACT DOCUMENTS
A sample copy of the City’s INDEPENDENT CONTRACTOR'S AGREEMENT is included as Attachment RFQ/P-2. Please review the agreement carefully. This is the contract the Contractor will be expected to execute without alteration. An officer of PROPOSER must sign and return this sample contract with his submittal. The signature indicates that PROPOSER accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement. That indemnity clause reads as follows:
“CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.” An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. PROPOSER must review the sample agreement carefully prior to signing it.
“I have received and reviewed the sample 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
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our firm is selected for awarding a contract for the p roject as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
The City will not approve any Proposer’s requested modifications to the insurance clause nor the indemnity clause of this contract. Failure to execute the contract without alteration may result in the rejection of the C ontractor’s proposal and retaining of a different contractor by the City.
At the time of c ontract execution, the Contractor will be required to provide evidence of insurance coverage (Certificate of Insurance) as specified in the contract.
IX. CONTACTS AT THE CITY OF BAKERSFIELD
Contractors wanting to schedule a site visit must call or email the contact listed below. The date must be within the week of August 25 - August 29 during hours of operation 7:00 am – 4:00 pm. All questions concerning the project, the submittal of a proposal, the City’s review and evaluation of the proposals, and the City’s selection of a contractor for this project should be directed to:
Jesus Banuelos, Engineer II
Water Department
City of Bakersfield
6901 McCutchen Road
Bakersfield, CA 93313
Phone: 661-326-3723
Email: [email protected]
X. ATTACHMENTS TO THIS RFQ/P
The following documents are attachments to this RFQ/P:
Attachment RFQ/P -1 -- General Information Sheet
Attachment RFQ/P -2 -- Sample Agreement
Attachment RFQ/P -3 -- Request for Information Form
Attachment RFQ/P -4 -- Proposal Form
Attachment RFQ/P -5 -- Landscape Overview and Locations Attachment RFQ/P -6 -- Additional Weed Control Area
Attachment RFQ/P -7 -- Tumbleweed Removal Locations
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Attachment RFQ/P-1 -- General Information
Sheet
Wastewater Treatment Plant 3 Landscape Maintenance
Water Department Wastewater Division
Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated:
____________________________
Federal Employer I.D. Number: __________________________________________________ Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ Contact Person: __________________________________________________________ Name
__________________________________________________________ Phone Number
__________________________________________________________ E-Mail
____________________________________________________________________________ Name of Principal-in-charge Title License Number
___________________________________________________________________________ Signature of an officer of the firm Title Date
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Attachment RFQ/P-2 - Sample Agreement
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ 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.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that
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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 c ase 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 this 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 r elating 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.
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
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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 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 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.
1.1 Types and Limits of Insurance. In addition to any other insurance or
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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
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. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
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.
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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.
2.1 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 po licy 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, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A- :VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
16.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
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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 CITY 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 them, or any of them, before administrative or judicial trib unals 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.
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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 represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County,
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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
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.)
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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]
APPROVED AS TO CONTENT:
CITY DEPARTMENT NAME
By:_______________________________
DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
DO NOT HAVE STAND ALONE SIGNATURE PAGE
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Attachment RFQ/P-3 - Request for Information Form
Request for Information Form – RFQ/P WWTP #3 Landscape Maintenance for the Wastewater Division,
Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Jesus Banuelos, Engineer II
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.
Date Submitted: Submitted by: Consultant:
Contact Person:
Address:
Telephone Number:
Facsimile Number:
QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date: ___
Addendum Required: YES___________ NO ______________
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Attachment RFQ/P-4 -- Proposal Form
TO BE COMPLETED BY OFFEROR AND INCLUDED IN PROPOSAL
TO: CITY OF BAKERSFIELD
RE: WASTEWATER TREATMENT PLANT 3 LANDSCAPE MAINTENANCE
Term of Contract: The Agreement shall be in place for one (1) year from the effective date of the Agreement and can be extended at the City’s option and under mutually agreeable terms for three (3) additional one-year periods.
Having carefully examined the Request for Proposals, attachments and related documents, the undersigned proposes and agrees to provide to the City of Bakersfield in accordance with this RF Q/P and sample Contract for Wastewater Treatment Plant 3 Landscape Maintenance, Contractor submits the following proposal:
Section II, Item “A” through “D”: General Landscape Maintenance Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “E” through “H”: Weekly Services
Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “I”: Tumbleweed Removal and Disposal
Monthly Maintenance $____________X 12 months = $_______________1 year term
Section II, Item “J”: Repairs and Maintenance
Provide your hourly rate sheet for personnel and equipment.
TOTAL CONTRACT
Amount per year for Items “A” through “I” $_________________
The PROPOSER shall submit prices for the Proposal. The criteria set forth in Section V I “SELECTION OF CONTRATOR” of this RFQ/P shall be used to determine the award of the contract.
___________________________________________________________________ Name of Firm, or Corporation
___________________________________________________________________ Signature of Offeror’s Authorized Representative
___________________________________________________________________ Name & Title of Authorized Representative
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Attachment RFQ/P-5 - Landscape Overview and
Locations
Landscape locations include all areas within and around WWTP #3, landscape berm (about 8 ,900 feet), all landscape around administration , operation, and maintenance buildings, all of the planters around administration and operation building, landscape area next to the McCutchen Road entrance, landscape along McCutchen and Gosford Road, all landscape areas within WWTP #3 bordering the sports complex, and all items described in Section I and II of this RFQ/P.
See highlighted map as a reference on next page, continuation of RFQ/P-5.
Berm 5,000 feet long,
45 feet wide.
Landscape around
administration,
operation, and
maintenance buildings.
Attachment RFQ/P-5 -- Wastewater Treatment Plant #3 Landscape Overview and Locations
McCutchen Road
Gosford Road
Ashe Road
Landscape along McCutchen
Road.
Landscape along Gosford Road.
Berm 3,900 feet long,
50 feet wide.
Landscape within WWTP #3
bordering the sports complex.
Attachment RFQ/P-6 -- Additional Weed Control Areas
McCutchen Road
Gosford Road
Ashe Road
Solar Field
Weed Control.
No mechancial
means.
Area around
buildings, water
treatment
process, and
drainage area.
Weed control in
empty lot.
McCutchen Road
Gosford Road
Ashe Road
Attachment RFQ/P-7 -- Tumbleweed Removal Area
Tumbleweed
around Solar
Field Perimeter.
Tumbleweeds
around buildings,
water treatment
process, and
drainage area.
Tumbleweeds along
Gosford Road.
Tumbleweeds along
McCutchen Road.
Tumbleweed
within empty lot.
ADMINISTRATIVE REPORT
MEETING DATE: October 8, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: September 30, 2025
SUBJECT: Agreement with AAA Oil, Inc. dba California Fuels & Lubricants ($2,623,000) for providing truck and trailer load quantities of gasoline and diesel fuels.
RECOMMENDATION:
Staff recommend approval of the agreement.
BACKGROUND:
AAA Oil, Inc., dba California Fuels & Lubricants has been providing truck and trailer load quantities of gasoline and diesel fuels for the City of Bakersfield since 2022. The City and AAA Oil, Inc., dba California Fuels & Lubricants entered into Agreement No. 2022-207 on October 5, 2022, for the Annual Contract for Fuel Supply and Delivery Services in the amount of $3,600,000 with an initial one (1) year term and options to renew annually for four (4) consecutive one-year periods upon mutually agreeable terms.
Per the terms of Agreement No. 2022 -207, two amendments increasing the contract and/or extending the contract have been approved as follows:
Amendment 1 approved September 27, 2023; increased compensation by $2,600,000 for a revised not to exceed amount of $6,200,000 and extended term by one year to October 4, 2024. Amendment 2 approved September 25, 2024; increased compensation by $2,600,000 for a revised not to exceed amount of $8,800,000 and extended the term by one year to October 4, 2025.
Both parties mutually agree to renew the term of Agreement 2022-207, but the Agreement inadvertently expired on 10/5/2025, before additional extensions were executed.
Both parties desire to execute a new one -year agreement in the amount of $2,623,000 , which would expire October 4, 2026, to continue the supply of fuel and delivery services without the need for a new request for bid proposal since additional extensions were allowed and anticipated per the terms of Agreement No. 2022-207.
FISCAL IMPACT:
Funds are budgeted in the Equipment Management Fund for this contract.
COUNCIL GOAL:
Innovative and Efficient City Government
Reliable Infrastructure
ATTACHMENTS:
1. Partially Signed Agreement
2. Agreement No. 2022-207
3. Amendment No. 1 to Agreement No. 2022-207
4. Amendment No. 2 to Agreement No. 2022-207
AGREEMENT NO. 2 0 2 2- 2 0 T
INDEPENDENT CONTRACTOR' S AGREEMENT
Over $ 40, 000]
This INDEPENDENT CONTR, OR' S AGREEMENT (" Agreement") is made and entered into on OCT0 5 Z 21 by and between the ' CITY OF BAKERSFIELD, a municipal corporation ( referred to herein as " CITY"), and AAA OIL, INC., dba CALIFORNIA FUELS & LUBRICANTS a [ Corporation] authorized to do business in California ( referred to herein as " CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of fuel supply and delivery.
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 requirements of Bid No. 22- 23-03 and any addenda thereto, all incorporated as though fully set forth herein:
Invitation to Bid No. 22- 23- 03
Bid Proposal
Non - Collusion Affidavit
Certificate of Examination and Acceptance of Bid
Requirements
Workers Compensation Insurance Certificate
Statement of Compliance with Insurance Requirements
Statement of OSHA Compliance
All provisions required by law to be inserted in this
Agreement whether actually inserted 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") for a total payment of THREEMILLION SIX HUNDRED THOUSAND DOLLARS ($ 3, 600, 000) in accordance with the bid document.
3. TERM. Unless terminated sooner,. as set forth herein, this Agreement shall be INDEPENDENTCONTRACTOR'SAGREEMENT - Over $40,00d
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valid for a one- year term beginning on or after October 5, 2022. The Agreement may be extended for four one ( 1) year increments under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. 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 CITYfor 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 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, INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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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 [ ego[ 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.
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 INDEPENDENT CONTRACTOR' S AGREEMENT- Over $ 40, 000
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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 RiskManager, 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. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
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
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR issubmitting 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, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's RiskManager, 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
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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 CITY 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 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, gAPCc9
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ORIGINAL
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 represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25: EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not - actually attached.
26. FURTHER• ASSURANCES. Each party shall execute and deliver - such papers, documents, and instruments, and perform such acts as are necessary or INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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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 approvedby 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
CONTRACTOR: AAA OIL, INC.
dba CALIFORNIA FUELS & LUBRICANTS
11621 Westminster Avenue
Garden Grove, CA 92843
714- 530- 4795
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 INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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preparation, become CITYproperty.
34. TAX NUMBERS.
CONTRACTOR' s Federal Tax ID Number 66- 0593652
CONTRACTOR is a corporation? Yes X No
Please check one.)
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY' " CONTRACTOR"
CITY OF BAKERSFIELD AAA OIL, INC.
Dba CALIFORNIA FUELS & LUBRICANTS
By: 44-1
KAREN GOH
Mayor
By.
v
Print Name:
Title: c r V
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
qI
H RUDNICK
uty City Attorney
Insurance.
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
GREGGYTRAKALUSE
Public Works Director
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CRONIA
COUNTERSIGNED:
2 RAW MC
Finance Dir
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4.1 x
INVITATION TO BID
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL
TRUCK/ TRAILER LOAD QUANTITIES
INQUIRIES: Direct questions for clarification of this Invitation to Bid to:
Kim Berrigan, Purchasing Officer
Telephone: 661. 326. 3744
Fax: 661. 852. 2100
E- Mail: kberriga@bakersfieldcity. us
SUBMITTAL: One ( 1) signed original and one ( 1) copy of the bid must be received on or before:
11: 00 a. m., September 13, 2022
Bids received after the time and date stated above shall be returned unopened to the bidder.
Addressed to: Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, California 93301
Mark envelope: " A/ C Fuel'
Use label included as a part of the Invitation to Bid)
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Annual Contract for Fuel, Bid No. 22- 23- 03 PageCEIG! NAL
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
INVITATION TO BID
NOTICEIS HEREBYGIVENthatthe Cityof Bakersfieldinvites, andwill receivesealedbidsfor providing:
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES Bids will be received until 11:00 a.m., September 13, 2022 at the office of the Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301. Bids shall be clearly marked as A/ C Fuel". The City shall not be responsiblefor bids receivedlate due to Offeror's failureto identifythe bids required hereunder.
Bid documents may be inspected and obtained by calling 661-326-3746. Inquiries regarding further informationaboutthe Invitationto Bidshouldbe directedto KimBerrigan, PurchasingOfficerat 661-326- 3744. Inquiries regarding directions to the office of the Purchasing Officer may be directed to the Mr. Edwin Bonilla at 661- 326- 3746.
A Certified Check, Cashier' s Check or Bidder' s Bond in the amount of ten thousand dollars ($ 10, 000) made payable to the City of Bakersfield, shall accompany each bid.
The City hereby affirmatively ensures that disadvantaged business enterprises will be afforded full opportunity to submit a bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract.
City of Bakersfield reserves the right to reject any or all bids, to waive any irregularities or informalities not affected by law, to evaluate the bids submitted and to award the contract according to the proposal which best serve the interests of said City. The City also reserves the right to change or limit the scope of this project at any time.
Dated this 24th day of August 2022 at Bakersfield, CA
By: & PYU10") e417
Kim Berrigan, Purchasing Officer
Bakersfield, California
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 2
KEY INFORMATION
BID NO. 22- 23- 03 ~ ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
I
Kim Berrigan, Purchasing Officer
1600 Truxtun Avenue, Second Floor
Information Bakersfield, CA 93301
Sole Point of Contact 661. 326. 3744
661. 852. 2100 ( Fax)
kberriga@bakersfieldcity. us
FinalQuestionsand CommentsDue I
5:
00p. m., September9, 2022Bid
Due Date 11: 00 a. m., September13, 2022 Bid
SecurityRequired X] Yes $10, 000 [ ] No Attached
to bid) I
Numberof Copiesof One Signed (1) Originaland One ( 1) i Bid Due to PurchasingCopy of theBid Forms (Pages 25- 34) Estimated City CouncilApproval
Date October
5, 2022This
Invitationto Bid is comprisedof 34 pages, includingthe coversheet and draft contract.
Contractor is solelyresponsiblefor insuringthat all pageshave been received. If thisbid packageis missingpages, immediatelycontact the PurchasingDivision at 661- 326- 3746. City
Councilagendas are postedseventy-two hoursin advanceof themeetingon the City of Bakersfieldwebsite at, www.bakersfieldcitv.us . Click on " Meetings & Agendas" under the drop -down menu titled OUR GOVERNMENTs in
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ORIGINAL
Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 3
INSTRUCTIONS TO BIDDERS
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
1. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsiblefor insuringthat all pagesand all addendaare received. Bidderis advisedto closelyexaminethis Invitation to Bidpackage, andto immediatelydirectanyquestionsregardingthe completenessofthis Invitationto Bidpackageand any addendathereto to the PurchasingDivision. Unless otherwisedirected in writing by the Purchasing Division, the biddermustsubmitall bid responseson the bid responseformprovidedwiththis Invitationto Bid. The City of Bakersfield will not accept bid responses on bidder' s letterhead and/ or quotation forms.
2. All information requested of the Supplier shall be entered in the appropriate space( s) on the Bid Form. Failure to do so may disqualify your offer.
3. All information shall be typewritten or entered in ink. Mistakes may be crossed out and corrections inserted before submission of your bid. Erasures, type- overs, white -outs and all other corrections and/or modifications shall be initialed in ink by the person signing the bid.
4. Bids will not be accepted unless signed ( not typed) in the appropriate space( s) by an authorized officer or employee of the Supplier.
5. To be considered, bids must be submitted in a sealed, properly -markedenvelope, by, or prior to, the closingdate and time specified. It is the sole responsibility of the bidder to see that their bid is submitted in the proper time. Any bids received after the closing date shall be returned, unopened, to the bidder, provided the request number, opening date, and bidder' s return address are on the envelope. Bids submitted by facsimile or electronic mail will not be accepted.
Bid Due Date: September 13, 2022 @ 11: 00 a.m.
6. Corrections and/or modifications received after the closing time specified will not be accepted.
7. Prices submitted by Supplier are considered accurate and cannot be withdrawn after the bid is closed.
8. Upon submission of bid documents, all such documents shall become the property of the City of Bakersfield.
9. Provide any other information not specifically requested which may be considered by the Purchasing Officer. However, the Purchasing Officer is not obligated to consider any information not specifically requested in this Invitation to Bid.
10. The City shall not be responsible for any error or omission in the bid submitted by Supplier.
11. Prices shall remain open and valid, subject to acceptance for one -hundred twenty ( 120) days after bid closing date. Any bid for which the Supplier specifies a shorter acceptance period may be rejected.
12. Prices will be considered Net- 45 Days if no cash discount is shown.
13. Time of delivery shall be stated as the number of calendar days following the receipt of order by the Supplier, to the receipt of goods or services by the City of Bakersfield. Time of delivery may be a consideration in the evaluation of the award of the contract or order.
14. The words " Bidder", " Supplier" and "Vendor" are used interchangeably throughout this Invitation to Bid, and are used in place of the person, firm or corporation submitting a bid on the specifications, or any part thereof
15. Bids should be mailed or delivered to: Purchasing Division City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
16. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder.
A " responsive bidder" is a person, firm or corporation who has submitted a bid response which conforms in all material respects to the Invitation to Bid, including all terms, conditions and specifications. A " responsible bidder" is a person, firm or corporation having the capacity in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 4
GENERAL TERMS AND CONDITIONS
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Cityof Bakersfieldis requestingbidsfromexperiencedandreputableSuppliersfor providinganAnnual Contract for Fuel, Truck/ Trailer Load Quantities in accordance with the specifications included herein. The requirements includeprovidingthe Citywith unleaded87 octaneand carb lowsulfurclear diesel. The contractmay be renewed annually thereafter for four (4) consecutive one-year periods at the City's option and upon mutually agreeable terms.
One ( 1) signed original and one ( 1) copy of the bid, signed by an official authorized to bind supplier, is to be submitted to the Purchasing Division, Attention: Kim Berrigan, Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, on or before 11: 00 a. m., September 13, 2022.
2. INFORMATION
To ensure fair consideration for all bidders, the Purchasing Division is issuing this Invitation to Bid and is the sole point of contact for the Invitation to Bid. Unless otherwise directed, all communications, including meetings, conferences or technical discussions, regarding this Invitation to Bid should be directed to:
Kim Berrigan
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
Telephone 661- 326- 3744 Fax 661- 852- 2100
Email kberriga@bakersfieldcity. us
Failure to adhere to this policy may be grounds for rejection of bids
3. QUESTIONS AND COMMENTS
Everyreasonableefforthasbeenmadeto carefullypreparethis Invitationto BidandtheScopeofWorkdescribingthe City's requirements hereunder. Bidders should carefully review this Invitation to Bid for defects and questionable or objectionable matter. Questions and comments regarding this solicitation must be submitted in writing, either by mail, e-mailorfacsimilenolaterthan5:00p.m., September9, 2022. Thequestioner's companyname, address, phoneand fax numbers and contact person must be included with the questions or comments. Questions and answers thereto shall be provided all prospective bidders in the form of an addendum, but the name of the bidders submitting questions shall not be disclosed
Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e-mail, telephone or fax and the answers thereto will not be shared with all potential Suppliers.
Submit questions or comments to the following address:
Kim Berrigan, Purchasing Officer
Telephone 661- 326- 3744 • Fax 661- 852- 2100
Email kberriqaCcDbakersfieIdcity. us
Questions, and the answers thereto, shall be provided to all prospective bidders Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e- mail, telephone or fax and the answers thereto will not be shared with all potential bidders.
4. ADDENDA TO THE INVITATION TO BID
Important Notice - Any revisions to the Invitation to Bid will be issued and distributed as addenda. The City will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment ( addendum) to the Invitation to Bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given.
Note: It is the responsibility of each bidder to ensure that they have a complete, up-to- date bid package, including any addenda, and that the City has their correct business name and address on file. If you have obtained this document from a source other than directly from the City of Bakersfield Purchasing Division, you are not on record as a plan holder. Any prospective bidder who obtained a set of bid documents from anyone other than the City is responsible for advising the City that they have a set of contract documents, thus BAKF4
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Annual Contract for Fuel, Bid No. 22- 23- 03 page5
placing you on the plan holder' s list. The City takes no responsibility to provide addenda to parties not listed by the City as a plan holder.
If anyaddendaareissuedtothisInvitationto Bid, the Citywillattempttonotifyall prospectivebidderswhohavesecured same.
However, it will be the responsibilityof each bidder, priorto submittingtheir bid, to contactthe Purchasing Division at 661-326-3746 to determine if addenda were issued and to make such addenda a part of the bid. The City reserves the right to revise or amend the specifications up to the time set for opening the bids.
Bidders shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the bid andbyidentifyingtheaddendanumbersanddatesinthespaceprovidedforthispurposeonthebidform. Anyaddenda or bulletins issued shall constitute a part of the contract documents.
If bidder submits a bid to the Purchasing Division prior to receipt of any addendum, the bidder shall fax the addendum acknowledgement to 661-852-2100. The faxed acknowledgement shall become a part of the bidder's bid as though submitted with the bid.
5. BID DOCUMENTS
Nobidwillbereceivedunlessitismadeona bidformfurnishedbytheCity. Failureto submita bidontheformprovided shall be considered just cause for rejection of the bid. Modifications or additions to any portion of the bid or contract documentsmaybecausefor rejectionof the bid. However, the Cityreservesthe rightto decide, on a case -by -case basis, whether to reject as non -responsive, a bid with modifications or additions.
When a bid is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a memberof a partnership, a "PowerofAttorney" mustbe onfilewiththe Citypriorto the dateandtimeset for receipt of bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.
6. EXCEPTIONS TO THE SPECIFICATIONS
Suppliersare welcome to discuss their products and/or exceptionsto the City's written specifications. Should it be more favorableto theCity, theCityretainstherightto waiveanypartoftheirownwrittenspecificationsinfavoroftheproposed alternatespecificationssubmitted by any contractor. The goods on which bids are submitted must, in all cases, be equal in quality and utility to those specified. In all instances, the Purchasing Officer shall be the final judge as to the acceptability of offered substitutes.
7. APPROXIMATE ESTIMATE
It is understoodthatthequantitiesprovidedhereinare "approximate" amountsbasedon previousyears' usageandare includedforthe purposeof comparisonof bids. The Citydoesnot guaranteea minimumor maximumquantityof any product to be purchased and reservesthe rightto purchasegreater or lesser quantities, as circumstanceswarrant.
8. PRICING
Unit or lump sum prices shall, with full consideration of all provisions, conditions, requirements and specifications contained and referenced herein, include all costs pertinent to the total work as specified.
9. TAXES
The City is not exempt from California State Sales Tax. The City will pay Use Tax directly to the State of California on purchases from out- of- state suppliers not registered with the State of California to collect State Sales Tax. The City is exempt from Federal Excise Taxes and will furnish exemption certificates upon request.
10. SUBMISSION OF BIDS
This solicitation has a firm date and time due. All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be time stamped as received by the Purchasing Division and the Purchasing Department's time clock shall be considered the official timepiece for the purpose of establishing the actual receipt of bids. It is solely the responsibility of the bidder to ensure that their bid is received by the City, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a bid be considered if it is received after the bid closing date and time. Any bid received after the closing date will be returned, unopened, to the bidder, provided the bidder's return address is on the envelope. Notwithstanding any provision specified herein, the City reserves the right to extend the bid submittal deadline when it is in the best interest of the City.
A delivery label has been included as a part of the bid documents. Bids must be submitted under sealed cover and the delivery label must be attached to the envelope. The envelope shall also include the name and return address of the bidder. The City will not be responsible for bids received late due to Supplier' s failure to identify the bid as required hereunder.
If the bid is submittedby anymeansotherthan personaldelivery, biddersshouldallowampledeliverytimeto ensure the timely receipt of their bids. The City shall not be responsible for any delays in mail service or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bid shall be made at the office specified in the InvitationtoBid. Deliveriesmadebeforethedateandtimedue, buttothewrongCityoffice, willbeconsiderwgn- Annual Contract for Fuel, Bid No. 22- 23- 03 Page
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responsive unless re -delivery is made to the office specified before the date and time due specified in the Invitation to Bid. Bids shall be mailed or delivered to:
Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
Bidsmustremainopenandvalid, subjectto acceptancefor one -hundredtwenty (120) daysafter bid closingdateto allowtheCitysufficienttimetoevaluatebidsandrecommendawardof a contractto the CityCouncil. Anybidforwhich the bidder specifies a shorter acceptance period may be rejected. The bidder agrees that submission of a signed bid will be interpreted to mean bidder agrees to all the terms and conditions set forth in all the pages of this Invitation to Bid and is certification that the bidder will accept an award made to it as a result of the submission.
11. BIDDER' S POWER AND AUTHORITY
Bidder, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein andwill holdthe City harmlessfrom and againstany and all loss, cost, liability, and expense (includingreasonable attorneyfees) arisingoutofanybreachofthiswarranty. Further, bidderaffirmsthatitwill notenterintoanyarrangement with any third party, which might abridge any rights of the City under this Contract.
12. EXAMINATION AND ACCEPTANCE OF CONTRACT REQUIREMENTS Beforesubmittinga bid, biddersmustsatisfythemselvesby personalexaminationof the bid documentsand by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City, upon which the bidder will rely.
The submission of a bid shall be considered conclusive evidence that the bidder has carefully investigated all conditions that affect, or may at some future date affect, the performance under the contract covered by this solicitation, and is satisfiedasto the character, quality, andquantitiesof materialsto besuppliedor workto be performedandas to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the bidder is familiar with directives such as laws, codes regulations and ordinances that in any way affect prosecution of the work or persons engaged or employed in the work.
Nobiddershallat anytimeaftersubmissionof a bidmakeanyclaimor assertionthattherewasany misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract.
If the bidder receives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of a bid. Should the bidder feel there has been a supplemental or oral modification, it shall be the bidder' s responsibility to verify said modification in writing prior to submission of the bid.
The contents of the bid of the Successful Bidder shall become contractual obligations if procurement action ensues.
Failure to accept these obligations in a contractual agreement will result in cancellation of award and forfeiture of the Bidder's Bid Security, if said security is required under the contract. Conditional or qualified bids, unless specifically allowed, will be subject to rejection, in whole or in part.
13. MODIFICATION OF BIDS
Any bidder who wishes to make modificationsto a bid already received by the City mustwithdraw his bid in order to make the modifications. VUthdrawals must be made in accordance with the terms and conditions of this solicitation ( see Withdrawal of Bids). All modifications must be made in ink, properly initialed by bidder's authorized representative, executed, and submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that modified or withdrawn bids are resubmitted before the time announced for the opening of bids.
14. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the receipt of bids, only by written request for the withdrawal of the bid filed with the office of the Purchasing Officer. The bidder or his duly authorized representative must execute the request in writing on the bidder' s letterhead. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the receipt of bids.
15. RELIEF FROM BID
Should a bidder claim a mistake was made in its bid, bidder shall, within five (5) calendar days after the bid opening, give the City written notice of the alleged mistake and detail in said notice, the circumstances under which the mistake occurred. Final determination of relief from the bid shall be made by the City Council. gAKF O
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16. EVALUATION AND AWARD OF CONTRACT
It is the intention of the City to award a contract to a bidder who furnishes satisfactory evidence of having the requisite experience, ability, sufficientcapital, and facilities to enable himto successfullyand properly prosecute the work or provide the specified materials and to complete the work or provide the materials within the time specified in the contract.
The City reserves the right to reject any and all bids without cause; to waive any requirements not affected by law, both the City' s and those proposed by the bidder; to waive any irregularities, informalities, minor defects or variations of a bid from the exact requirements of the specifications, not affecting the price, quality, quantity, delivery or performance time, in any bid or the bid process when it is in the best interest of the City to do so; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the bid of each bidder, so as to select the bidder which best meets the requirements of the City, thus insuring that the best interest of the City will be served.
Failure to meet the requirements of the Invitation to Bid may be cause for rejection of the bid. The City may reject the bid if it is deemed incomplete, contains irregularities of any kind, is offered conditionally or expresses exceptions or qualifications on the technical specifications. A bid that includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents may be subject to rejection as non -responsive. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions.
The City reserves the right to reject the bid of any bidder who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses, or other monies due the City.
The bidder may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary licenses, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services or goods specified herein in a satisfactory manner. The bidder may be evaluated on the basis of character, integrity, reputation, judgment, experience and efficiency. The bidder may be required to give a past history and references in order to satisfy the City in regard to the bidder' s qualifications.
The City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required goods or services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the goods or services contemplated herein or; the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature.
Any material misrepresentation or material falsification of information provided to the City in the bid submission, or at any point in the bid evaluation process is basis for rejection of the bid. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the bid submission is material shall be made solely in the exercise of the City' s sound discretion.
Local Preference. A three percent ( 3%) local preference will be extended to those businesses located within the City of Bakersfield city limits. This policy is in accordance with Council Policy Resolution #026-12.
The City shall, whenever appropriate, grant a three percent ( 3%) bid preference in an amount not to exceed $ 9,000 to vendors located within the City limits submitting bids for proposed purchases of supplies, material, and equipment in accordance with the City' s bidding procedures as set forth in the Bakersfield Municipal Code. This preference shall only apply to local vendors who are the second lowest bidder and is only applicable to bids exceeding $ 40, 000. This policy will not be applied if it conflicts with Federal or State funding guidelines.
The term " vendors located within City limits' means any person ( including sole proprietorships, corporations, and partnerships) possessing a City of Bakersfield business license and a California State Board of Equalization sales tax permit number area coded so as to remit sales tax revenue to the City of Bakersfield, with a physical store front or business office located within the City limits of Bakersfield.
This deduction shall be in addition to the application of any other bid price preference authorized by the City Council.
The local preference percentage shall not apply to transactions required by State or Federal statutes or other such regulations to be awarded to the " lowest responsible bidder", or otherwise exempted from local preference.
Any person or business falsely claiming a local preference shall be ineligible to bid on City purchases or contracts for a period no less than one ( 1) year from the date of discovery of the false representation.
Discounts. Discounts will be considered in the evaluation of the bids; however discounts for payment in less than twenty ( 20) days may not be considered.
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Annual Contract for Fuel, Bid No. 22- 23- 03 PaIGINALC-) Award of contract, if made, shall be made within one -hundred twenty (120) days to the responsive, responsible bidder meeting the specifications and requirements of the bid and having the lowest bid and satisfactory qualifications and performance record. While not an exhaustive list, the following criteria may be used in this determination:
1. Unit price or lump sum price.
2. Delivery time.
3. Company' s reputation and financial status.
4. Past experience, including bidder's performance on previous purchases by, or contracts with, the City.
5. Application of local and other preferences.
6. Discounts.
The decision as to which bidder is the lowest responsive, responsible and best qualified bidder shall be in the exclusive jurisdiction of the City, and its decision shall be final and binding on all parties. The City reserves the right to reject all bids if it is determined that the proposed pricing is not competitively priced with similar -sized cities or other governmental agencies within the State of California.
NOTE: Bids received from suppliers with documented unsatisfactory performance or unresolved issues or problems may not be considered for award. Additionally, supplier' s ability to receive future awards may be revoked should supplier exhibit a habitual pattern of non-compliance to the City's requirements and specifications.
AWARD OF CONTRACT FOR THE PURCHASE OF THE SUPPLIES, MATERIALS OR EQUIPMENT SPECIFIED HEREIN IS CONTINGENT UPON APPROVAL BY THE BAKERSFIELD CITY COUNCIL.
17. BID PROTESTS
Any protest of the award must be made under the procedure set forth in Bakersfield Municipal Code § 3. 20. 068. The protest must be made in writing and delivered to the City Clerk at 1600 Truxtun Avenue, Bakersfield, California 93301 with a copy to the City Purchasing Division and the City Attorney' s Office. The protest must set forth the specific reasons why the award is improper. The protest will be heard at the City Council meeting in which the award of the project will take place.
The protesting party must, at the time of the hearing before the City Council, fill out a speaker' s card and request to be heard at the public statement portion of the City Council agenda. The City Council meetings take place at 1501 Truxtun Avenue, Bakersfield, California 93301, unless the location is changed as allowed by law. Any questions concerning the procedures for filing a protest may be made by calling the City Clerk at ( 661) 326- 3767.
18. PURCHASE ORDER/ CONTRACT REQUIREMENT
Purchases of the City are authorized only if a signed purchase order or contract is issued in advance of order.
Contractors providing services or goods without a signed purchase order or contract do so at their own risk. The City will not be liable for payment for any services or goods provided by the Contractor unless a valid purchase order or contract has been issued to the Contractor.
A sample contract is included in this Invitation to Bid. Supplier will be required to execute a contract with the City which is substantially the same as the contract included in this Invitation to Bid. If any changes are desired, bidder must submit exceptions or exact contract modifications to the City one ( 1) week prior to the bid opening. The City is not obligated to accept such changes or modifications; however, if the changes are approved, the changes will be issued to all prospective bidders in the form of an addendum. Bidders will not be allowed to ' alter or negotiate contract language after the bid closing date and time.
The submission of a bid shall be considered conclusive evidence that the bidder has read and understands the requirements of this section and failure to execute the contract without alteration may result in the rejection of bidder' s proposal.
19. TERMS OF CONTRACT
The complete contract will include the entire contents of the Invitation to Bid and all pages that make up the bid solicitation, all addenda, all of successful Bidder' s submittals, as approved and accepted by the City, all supplemental agreements, all change orders, all bond( s), and any and all written agreements which alter, amend or extend the contract.
20. EXECUTION OF CONTRACT
Time is of the essence of this contract. The successful bidder shall execute the contract, including but not limited to signing all necessary documents and submitting evidence of insurance, within fifteen ( 15) days after the bid opening.
One copy of the contract will be returned to the Supplier after the City executes the contract. In case of failure of the Supplier to execute and return the contract and all required documents within the time allowed, the City may, at its option, consider that the Supplier has abandoned the contract and the contract will be awarded to the second lowest responsive, responsible bidder.
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Annual Contract for Fuel, Bid No. 22- 23- 03 PageORIQINAL"'
21. CONTRACTING AGENCY
The PurchasingDivisionwill administerthe contractresultingfromthis Invitationto Bid. The Citywill assignProject Managers who will oversee the day-to-day operations and work requirements related to this Invitation to Bid will be locatedin the variousdepartmentsto be servicedunderthis contract. However, the PurchasingOfficershallbe the finaljudgeconcerningissuesor mattersrelatedto contractinterpretationor problemsregardingthe terms, conditions or scope of the contract.
22. CONTRACT DURATION
Award, if any, resultingfromthis Invitationto Bid, shall be for a one (1) year periodand shall renewableannually thereafterfor four (4) consecutiveone-yearperiodsuponmutuallyagreeableterms. If eitherthe City or the Supplier electsnotto extendthe contract, or uponexpirationof the finalone-yearrenewalterm, the Suppliershallaidthe City in continuing, withoutinterruption, the requirementsof the contract, by continuingto performon a temporarybasis, when specifically requested to do so by the Purchasing Officer, for a specified term not to exceed six ( 6) months. Such continuance shall be subject to all terms and conditions of the contract, as if the City exercised a renewal option.
23. PRIMARY AND SECONDARY CONTRACTS
TheCitymaychooseto establishbothprimaryandsecondarycontractsrelatedto theworkspecifiedherein. A primary contract shall be issued to the lowest responsive, responsible bidder. A secondary contract will be issued to the second lowestresponsive, responsiblebidder. Citypersonnelwill utilizethe secondarycontractin the eventthatthe primary Supplieris unableto fulfillits obligationsto the Cityor whenit is deemedto bein the bestinterestof the Cityto utilize the secondarycontract. The intentof thisrequirementis to ensurethatthe City hasa continuous, reliableandtimely source of fuel as specified herein.
24. CONTRACT EXCLUSIVE
Theprovisionsof thecontractsor purchaseordersresultingfromthis bidshallin noway prohibitthe Cityfrommaking any incidental purchases from another Supplier for the same commodities listed herein.
25. INDEPENDENT CONTRACTOR
Supplier shall be legally considered an independent contractor and neither the Supplier nor its employees shall, under any circumstances, be considered servants or agents of the City; and the City shall be at no time legally responsible for any negligence or other wrongdoing by the Supplier, its servants or agents. The City shall not withhold from the contract payments to the Supplier any federal or state unemployment taxes, federal or state income taxes, Social Securitytax, or anyotheramountsfor benefitsto the Supplier. Further, the Cityshallnot provideto the Supplierany insurance coverage or other benefits, including Workers' Compensation, normally provided by the City for its employees.
26. INSURANCE
Supplierandhis/herinsurancecompanyshouldcarefullyreviewthe insurancerequirementsapplicableto thisjob. All requirements must be met before the City will allow work to commence on this contract. When performing work on property in the care, custody or control of the City, Supplier shall, at its expense, procure and maintain insurance with a State of California admitted surety with an A.M. Best's Insurance Rating of A:VII or better on all of its operations under this Contract for the duration of the work and the warranty period. Certificates of Insurance shall be provided within ten 10) consecutive calendar days after request. Failure to furnish the required certificates and endorsements within the time allowed will result in cancellation of award and forfeiture of the Bidder's Security, if said security is required under the contract.
Broad Form Commercial General Liability Insurance. Supplier shall carry broad form commercial general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by, or on behalf of, Supplier for the limits of liability not less than $ 1,000,000 per occurrence and in the aggregate, combined single limit for bodily injury and property damage. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage occurrence" form CG 0001. Supplier' s coverage shall be " occurrence" coverage and not " claims made" coverage.
Coverage shall include, or be endorsed to include, products and completed operations and coverage for personal injury liability assumed under Contract. The policy shall also include coverage for liability arising out of the use and operation of any City -furnished equipment by Supplier, its personnel and others.
The City, its officers, appointed and elected officials, agents, employees and volunteers shall be named as additional insured on Supplier's policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office " Additional Insured - Owners, Lessees or Contractors ( Form B) endorsement Number CG 20 10 11
85."
Automobile Liability Insurance. Supplier shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol # 1 " any auto" ( form number CA 0001), in an amount not less than Annual Contract for Fuel, Bid No. 22- 23- 03 0 c.ETage10 rn
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1,000,000per occurrencecombinedsingle limit for bodily injury and property damage. Thepolicyshallinclude coverageforliabilityarisingoutofthe useandoperationofowned, non -ownedandhiredautos, includingthe operation of City -furnished vehicles by Supplier its personnel and subcontractors.
Additional Insured. TheGeneralLiabilitypolicyis to containor beendorsedto namethe City, its officers, appointed andelectedofficials, agents, employeesand volunteersasAdditionalInsuredas respectstheliabilityarisingoutofthe activitiesperformedin connectionwiththiscontract. The coverageshall (a) be primarywith respectto anyinsurance orself-insuranceprogramsmaintainedbytheCity; (b) stipulatethatanyinsuranceorself-insurancemaintainedbythe City shallnot be calleduponto contributewith the Supplier's insurance (c) shall applyseparatelyto each insured againstwhomclaimis madeor suitis brought, exceptwith respectto the limitsof the insurer's liability; and (d) contain Standard Cross -liability provisions. Such additional insured endorsements maintained by the Supplier and its subcontractorsshall not be requiredto provide coveragefor City for the active negligenceof City. Original endorsements, signed by aperson authorized to bind coverageon its behalf, shall be furnished to the City by the successful bidder. All amendatoryendorsementsmust reference thepolicy number to which they refer.
With regard to additional insured requirements, the following specific language shall be utilized:
The City is named as additional insured for all liability arising out of the operations by or on behalf the named insured, and this policy protects the additional insured, its officers, appointed and elected officials, agents, employees and volunteersagainstliabilityforbodilyinjuries, deathsorpropertydamageor destructionarisingin anyrespectdirectly or indirectly in the performance of the contract. The inclusion of more than one insured shall not operate to impair the rightsof oneinsuredagainstanotherinsuredandthecoveragesaffordedshallapplyas thoughseparatepolicieshave beenissuedto eachinsured. Theinsuranceprovidedhereinis primaryandno insuranceheld or ownedby the City shall be called upon to contribute to a loss. This policy does not exclude explosion, collapse, underground excavation hazard or removal of lateral support."
Workers' Compensation and Employers Liability Insurance. Required if Supplier will be delivering goods or materials using his own employees. Workers' Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $ 1,000,000 policy limit for bodily injury by disease, and $ 1,000,000 each employee for bodilyinjuryby disease. The insurer shall waive all rights of subrogation against the City, its officers, appointed and elected officials, agents, employees and volunteers.
If there is any risk of injury to Supplier's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under other laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Workers' Compensation Self - Insurance. In the event the Supplier is self - insured, he shall furnish a Certificate of Permission to Self -Insure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California.
Deductibles and Self - Insured Retention. Any deductibles or self -insured retention, or lack of insurance specified herein, insurance in lesser amounts than specified herein or insurance with a rating less than A.M. Best's A:VII, must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention or the Supplier shall procure a bond guaranteeing payment of losses and related investigations, claimadministrationanddefenseexpensesin anamountspecifiedbythe City.
Cancellation Clause. Each insurance policy required by this clause shall be endorsed to state that either party shall not cancel coverage, except after thirty (30) days' prior written notice has been given to the City. The following specific language shall be utilized:
Coverage by this policy shall not be reduced or cancelled without thirty (30) days written notice given to the City by certified mail."
All policies shall provide that there shall be continuing liability coverage thereon, notwithstanding any recovery on any policy.
Subcontractors. The City's insurance requirements shall apply to all subcontractors employed by Supplier under the work specified herein. The minimum limits of insurance specified herein shall apply to all subcontractors even though the City has approved lesser insurance requirements for the Successful Bidder.
Commencement of Work and Failure to Comply with Requirements. Original, signed certificates of insurance and original, separate endorsements, naming the City as additional insured for commercial general liability insurance and automobile insurance as well as a waiver of subrogation for Worker' s Compensation Insurance are to be received and reviewed by the City before any work is commenced hereunder by Supplier. An individual who is authorized to sign on behalf of the insurer, thus binding the insurer, shall sign the certificates and amendatory endorsements. The City reserves the right to require complete, certified copies of all required insurance policies at any time. o
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1 In the event Supplier fails to comply with this section, the City may take such action as the City deems necessary to protect the City's interest. Such action may include but is not limited to termination of the Contract, withholding of payments, or other actions as the City deems appropriate. Furthermore, if at any time during the life of the contract, Supplier fails to maintain in full force any insurance required by the contract documents, the City may acquire the necessary insurance for the Supplier and deduct the cost thereof from the monies due the Supplier.
The insuring provisions included herein, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.
Original insurance certificates and endorsements are to be mailed or delivered to:
Ms. Olimpia Frederick
City of Bakersfield
1600 Truxtun Avenue, Second Floor.
Bakersfield, CA 93301
27. INDEMNIFICATION
CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.
28. WORKER' S COMPENSATION STATEMENT
Supplier shall, at the time of execution of the Contract, furnish to the City a statement certifying compliance with the workers' compensation provision of the California Labor Code. Such certification shall be substantially in the form included herein titled Workers' Compensation Certification. This form must be completed if Supplier will be delivering goods and materials as specified herein using Supplier' s employees.
29. CERTIFICATES AND LICENSES
Supplier represents and warrants that it shall, at the time the contract is awarded, possess at its sole cost and expense, keep in effect, or obtain at all times during the term of the contract, any licenses, permits and approval which are legally required for bidder to practice its profession and perform the work, or furnish any goods specified herein.
Without limiting the generality of the foregoing, if Supplier is an out-of- state corporation, Supplier warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
City of Bakersfield Business Tax Certificate. In accordance with the City' s Business License Tax Ordinance Municipal Code Chapter 5.02), Supplier shall be required, at his/ her own expense, to have a valid and current City of Bakersfield Business Tax Certificate prior to commencing work and throughout the term of the contract. However, a Business Tax Certificate is not required to submit a bid. For further information contact the City of Bakersfield at 661- 326- 3762.
30. PATENTS AND ROYALTIES
Bidder, in submitting a bid, covenants to save, defend, keep harmless and indemnify the City and all of its officers, departments, agencies, agents and employees from and against all claims, loss, damage, injury, fines, penalties and cost, including court costs and attorney' s fees, charges, liability and exposure, however caused, for or on account of any copyright or patented or unpatented invention, process or article manufactured or used in performance of the contract, including its use by the City. If the Supplier uses any design, device or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, device or materials in any way in the work.
31. COMPLIANCE WITH LAWS
Supplier shall, in the performance of work under this contract, keep itself fully informed of and fully comply with all applicable federal, state or local health and safety laws, rules regulations, codes or ordinances including but not limited to those promulgated by CAL -OSHA, FED -OSHA, EPA, the State of California Department of Health Services and the County Environmental Health Department. Supplier shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials or products supplied in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. If any discrepancy or inconsistency should be discovered between the contract and any such law, ordinance, regulation, order or decree, Supplier shall immediately notify the City in writing. Supplier shall be responsible for the compliance by subcontractors of all tiers, with these provisions. Supplier shall hold the City harmless from any liability resulting from failure of such compliance. In case of conflict between federal, state and local laws, rules, regulations, codes and ordinances, the Annual Contract for Fuel, Bid No. 22- 23- 03 Pa e®
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moststringentshallapply. Failureto complywiththe requirementsof thissectionandrelatedsectionsmayresultin suspension of work.
CityReviewofSupplier's SafetyPractices. TheservicesoftheCityinconductingreviewandinspectionofSupplier's performanceis not intendedto includereviewof the adequacyof Supplier's work methods, equipment, or safety measures, in, on, or near the site or during the course Suppliers of work.
32. DAMAGE
Suppliershallbe heldresponsiblefor any breakage, lossor damageof the City's equipmentor suppliesor to property ownedbythe Cityor its customersthroughthe negligenceof the Supplieror its employeeswhileperformingthe work specified herein, working on the City's premises or delivering the products specified herein. Supplier shall be responsibleforrestoringorreplacinganyequipment, facilities, vegetation, etc., sodamaged. Suppliershallimmediately report to the City any damages to the premises resulting from services performed or products supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract.
33. REPORTING OF ANTI - COMPETITIVE PRACTICES
If, andwhen, for any reason, collusionor otheranti -competitivepracticesaresuspectedamongSuppliers, a noticeof therelevantfactshallbetransmittedto the City's Attorney, the DistrictAttorneyand/or StateAttorneyGeneral.
34. ASSIGNMENT OF ANTITRUST AND UNFAIR BUSINESS PRACTICES CLAIMS In accordance with Section 4552 of the California Government Code, the bidder offers and agrees that if the bid is accepted, it will assignto the Cityof Bakersfieldall rights, title, andinterestin andto all causesof actionit mayhave underSection4 of the ClaytonAct (15 U.S.C. Sec. 15) or underthe CartwrightAct (Chapter2 (commencingwith Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder.
35. AUTHORITY OF THE CITY
Subject to the power and authority of the City as provided by law and in this Invitation to Bid and any related contract or purchase order, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials andsuppliesfor whichpaymentisto bemadeunderthiscontract. TheCityshalldecidethe questionsthat mayarise relative to the fulfillment of the contract or the obligations of the Supplier hereunder.
36. TERMINATION FOR DEFAULT AND CAUSE
In the event that the Supplier fails to perform under the terms of the contract, the City may cancel the contract with five 5) days written notice to the Supplier. Termination for cause shall be at the discretion of the City and such cause shall include, but not be limited to, the following circumstances:
1. If the Supplier shall fail to provide services, supplies or materials or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement, including failure to make delivery within the time stated in the bid forms, the City may terminate the contract, in whole or in part.
2. Any assignment, subletting or transfer of the interest of the Supplier, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders, except as necessary for completion of such portion of the work not terminated; and settle all outstanding liabilities and claims.
In case of default by Supplier, the City may procure the articles or services from other sources and hold the Supplier and/or it's surety responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to the Supplier, the difference between the contract price and the actual cost thereof to the City, including all costs for re -procurement and contract completion. Prices paid by the City shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the City may have.
37. TERMINATION FOR CONVENIENCE
The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines the termination is in the City's best interest. Any such termination shall be effected by the City by the delivery of written notice of termination at least thirty (30) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective.
After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt ofthenoticeofterminationorotherdatespecifiedinthenotice; placenofurtherordersorsubcontractsformaterikls`,,AKE" s_1:1
Annual Contract for Fuel, Bid No. 22- 23- 03 Pag13 —" Q-1 OR[ IN
services or facilities except as necessary for completion of such portion of the work not terminated; terminate all suppliersandsubcontractsandsettleall outstandingliabilitiesandclaims. Thesuccessfulbiddermaynotcancelthis contract without prior written consent of the City's Purchasing Officer.
38. NON - APPROPRIATION
All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purposeby the City Council. Inthe eventof non -appropriationof fundsby the CityCouncilfor the servicesor goods providedundercontract, the Citywill terminatetheContract, withoutterminationchargeor otherliability, onthelastday ofthethen -currentfiscalyearorwhentheappropriationmadeforthethen -currentyearfortheservicescoveredbythis contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the contract, cancellationshallbeacceptedbythe Supplieronthirty (30) days' priorwrittennotice, butfailureto givesuch notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination.
39. INVOICES
Supplier is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. Supplier is required to establish and maintain a process to monitor its billing practices and will refund all over -charges that may occur. The City will routinely audit bills generated. Invoices shall include the Contract number and the City representative' s name, and invoice total amount.
Unless otherwise specified, invoices shall be sent to the address set forth herein below.
City of Bakersfield
Attention: Accounts Payable
1600 Truxtun Avenue
Bakersfield, CA 93301
40. PAYMENT
TheCity's obligationto payamountsdueunderthe contractshallbecontingentuponreceiptbythe Cityof invoicesin sufficient detail to permit identification of the items as described in the specifications of the Invitation to Bid. Payment terms will be Net Thirty ( 30) Days unless the Supplier offers a discount for prompt payment. Payment will be made within thirty ( 30) days of acceptance of the goods or services or after the receipt of a correct invoice, whichever event occurs later. In connection with any cash discount offered, time will be computed from the date of complete delivery of the goods or services as specified, or from the date correct invoices are received if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check. Any payments due Supplier shall will be withheld pending receipt of any outstanding reports required by the contract documents.
41. NOTIFICATION OF MATERIAL CHANGES IN BUSINESS
Supplier agrees that if it experiences any material changes in its business, including, without limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key personnel, etc., it will immediately notify the City of the changes. Supplier also agrees to immediately notify the City of any condition which mayjeopardize the scheduled delivery or fulfillment of Supplier's contractual obligations to the City. Upon filing for bankruptcy or insolvency proceeding, by or against the Supplier, whether voluntary or involuntary, or.upon the appointment of a receiver, trustee or assignee for the benefit of creditors, the City reserves the right at its sole discretion to terminate the contract either for cause or convenience as provided in this Invitation to Bid.
42. ASSIGNMENT OF CONTRACT
The expertise and experience of the Supplier and the quality of goods supplied under the contract are material considerations for this contract. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on the Supplier under the contract. In recognition of this fact, no assignment by the Supplier of the contract or any part hereof, or of funds to be received hereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. Any attempted or purported assignment without the City's written consent shall be void and of no effect.
43. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Supplier of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
44. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against.because of their ancestry, race, religion, color, gender, age, disability, political affiliation, national origin or ancestry, except when such a condition is a bona fide occupational qualificatio%1\KF.., reasonably necessary for the normal operations of the Supplier. It is understood and agreed that the Supplier sill 11 m
Annual Contract for Fuel, Bid No. 22- 23- 03 PagE44 ,, ,,,, o comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Kern and the City's laws and ordinances, in performance of fulfilling this agreement. The aforesaid provisions shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
The Supplier agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Supplier, in all solicitations or advertisements for employees, placed by, or on behalf of Supplier, shall state that Supplier is an Equal Opportunity Employer.
45. AMERICANS WITH DISABILITIES ACT
Supplier assures the City that it complies with the Americans with Disabilities Act ( ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 42 U.S.C. 12101 et seq.) and it's implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services and telecommunications.
46. IMMIGRATION REFORM AND CONTROL ACT OF 1986
Supplier certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA) and shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854). Further, bidder shall indemnify, hold harmless and defend the City against any and all actions, proceedings, penalties or claims arising out of the bidder' s failure to comply strictly with the IRCA.
47. LOBBYING EFFORTS
Any lobbying efforts by bidders as a result of this Invitation to Bid, or its award, are prohibited.
48. NEWS RELEASES
News releases, publications or advertisements pertaining to this Invitation to Bid or to the project to which the Invitation to Bid relates shall not be made without prior approval of the City, and only in coordination with the City.
49. CONFIDENTIALITY OF CITY INFORMATION
During performance of the contract, Supplier may gain access to and use financial, statistical, personal, technical or other information relating to the City's operations, hereafter collectively referred to as " City Information", which are designated confidential by the City and made available to the Supplier. Supplier agrees to protect all City Information and treat it as strictly confidential and further agrees that it shall not at any time, directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of the City. A violation by Supplier of this Section shall be a material violation of the contract and shall justify legal and/or equitable relief.
50. RECORDS AND AUDIT
Supplier shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this agreement, including all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City.
All such records shall be prepared in accordance with Generally Accepted Accounting Practices ( GAAP), shall be clearly identified and shall be kept readily accessible. Upon oral or written request of the City, Supplier shall make such records available to the City's auditor and his agents and representative, for the purpose of auditing and/or copying such records, at any time during regular business hours, for a period of three (3) years, or for any longer period required by law, from the date of final payment under this agreement.
Under California Government Code Section 8546. 7, if the amount of public funds expended under the contract is anticipated to exceed Ten Thousand Dollars ($ 10, 000. 00), the contract shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the contract.
51. SEVERABILITY
If any provisions of this Invitation to Bid shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
52. SURVIVAL
Notwithstanding the City' s acceptance of the work and payment therefor, Supplier shall remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. The contract shall be binding on the heirs, executors, administrators, successors and assigns of the parties a AK
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page9§IfGINAL l
53. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested exclusively in the State and Federal Courts located in Kern County, California and bidder consents to jurisdiction over their persons and over subject matter of any such litigation in said courts, and consent to service process issued by said courts.
54. INCURRING COSTS
The City is not liable for any cost incurred by bidders in responding to this Invitation to Bid. Such expenses shall be borne exclusively by the bidder.
55. CANCELLATION OF SOLICITATION
The City may cancel this solicitation at any time.
56. COOPERATIVE AGREEMENTS
If mutually agreeable to the City and the Supplier, other California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful Supplier shall be found to be a separate and distinct legal and binding obligation of the successful Supplier. The City of Bakersfield will not be an agent, partner or representative of any other governmental agency and shall incur no responsibility in connection with purchase or agreement between another agency and the Supplier. It shall be the successful Supplier' s responsibility to inform potential public agencies of this cooperative requirements contract. o
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 16
SCOPE OF WORK
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL
1. BACKGROUND
The City' s Fleet Services Division maintains a fleet of vehicles and equipment in excess of 1200 which use gasoline and diesel fuel. The fleet composition consists of automobiles, small and large trucks, specialized equipment and other heavy motorized equipment. Fueling stations are located at various facilities including the Corporation Yard and Police Station.
2. INTENT
The City of Bakersfield is soliciting bids from qualified, experienced, and reputable suppliers for providing an Annual Contract for Fuel, Truck/ Trailer Load Quantities. Supplier shall furnish and use, at his own expense, all materials, labor, tools, equipment, supplies and transportation to provide services required under the contract. Fuel products include unleaded gasoline and diesel fuel which shall be delivered on an as -needed basis to the City locations specified herein.
The City currently purchases, and the Successful Supplier shall be required to provide, the following types of fuel products:
Gasoline Diesel Fuel
Reformulated Unleaded Low - Grade, 87 Octane Diesel, # 2, Carb Ultra Low - Sulfur It is the City' s intent to contract to assure a continuing and reliable source of fuel products. The needs herein stated are those that may be termed immediate, usual and common, of a casual quantity and may be met by a well -supplied petroleum products supplier. However, estimated annual quantities are given as a basis for comparison of bids only and are not to be construed as a guarantee of the quantities to be purchased.
The City reserves the right to increase or decrease quantities listed to meet the needs of the City during the period( s) of the contract.
Pricing shall be based on a variable price ( Oil Price Information Service - OPIS) tied to a published index ( Petroleum Administration Defense District 5 ( PADD) Bakersfield Rack) plus Supplier' s positive or negative price differential.
Supplier agrees to maintain an adequate stock to meet the City' s needs. The right is reserved by the Purchasing Officer to evaluate a bidder' s potential ability to satisfy the requirements of the contract by inspection of facilities, by review of backup suppliers and any other meaningful analysis procedure deemed important by the Purchasing Officer. The Purchasing Officer shall, in all instances, be the final judge in determining whether a supplier is qualified and eligible for award of contract.
Contract Term. The contract is expected to begin on or after October 5, 2022. The term of the contract shall be twelve ( 12) months. Contract may be renewed annually thereafter for four ( 4) consecutive one-year periods, at the City' s option and upon mutually agreeable terms. The contract will be evaluated ( randomly) periodically throughout the year to determine if contract requirements are being met on a consistent basis and in accordance with the terms and conditions of the bid and to ensure bid pricing is being adhered to. The contract shall be considered a non- exclusive agreement between the parties and the City may elect to award contract to more than one contractor in the form of primary and secondary contracts.
Contract Renewal and Price Adiustment. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Purchasing Officer within the sixty ( 60) calendar day period prior to the annual anniversary date of the Contract. Requests filed after this time period may not be considered. The Purchasing Officer will review the request for increase and either grant or deny the request within fifteen ( 15) calendar days.
Any Contract unit price changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on the Contractor for the ensuing renewal term or terms.
Annual adjustments may be considered based on the following:
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4 U.S. Departmentof LaborProducersPriceIndex, SpecializedFreightTruckingPCU4842f ;" for the most recent twelve- month period. ' ORIGINAL'
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 17
Price adjustments shall be calculated by applying the simple percentage method. This method is defined as dividing the Index value at time of calculation (latest version of the Index published as of the date of the request for price adjustment) by the Index value of base period (final published data of the Index for the baseperiodat thetimeof bid or subsequentrenewalperiods), thenmultiplyingthe sum by the baseprice price at time of award).
Index Value at time of Calculation x Price at Time of Award = Adjusted Price Index Value of Base Period
The City reservesthe right to acceptor reject any requestfor a price increase; however, the City will consider annual price increases only in cases when the Contractor' s commercial rates have changed for all customersservedby the Bidder. The pricechangecannotapplyonlyto servicesprovidedunderthis Agreement. Adjustments shall in no case exceed five percent (5%) unless very unusual and significant changes have occurred in the industry.
If the City approves the price increase, the price shall remain firm for one (1) year from the effective date of the price increase. If the City does not approvethe price increase, the Contractormayterminateits performanceundertheAgreementuponthirty (30) daysadvancewrittennoticeto the PurchasingOfficer.
Terminationof performanceshall be the Contractor's only remedyif the PurchasingOfficerdoes not approve the price increase.
If theContractorandthe Citydo notagreeon a price, usingthe procedureset forthabove, bythe thirtieth 30th) daypriorto theendof theinitialAgreementtermor theendoftheensuingrenewaltermor terms, the City may terminate the Agreement whether or not the City has previously elected to extend the term.
If at anytimeduringthetermoftheAgreementa pricedecreaseoccurs, theContractorshallsubmita price decrease in accordancewith the methodology prescribed herein. The price decrease shall become effective upon the City' s Purchasing Officer' s receipt of Contractor' s notice. Additionally, since the contract is operatingon pricingresultingfromthe useof the ConsumerPriceIndex, the Cityreservestheright, at any time, to initiate a request for price decrease based upon the Consumer Price Index.
Extreme Economic Conditions. During the term of the Contract, should the Service Provider' s costs increase more than ten percent ( 10%) due to extreme economic or market conditions, the City may consider additional increases under the Contract. It will be the responsibility of the Service Provider to request a priceadjustmentandto providealldocumentationnecessaryandrequestedbytheCity. TheCityreserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall be subject to review as market or economic conditions change. All price decreases of any amount occurring after an adjustment for extreme economic conditions shall be immediately passed to the City. If the City does not approve the price increase, the Service Provider may terminate its performance under the Agreement upon sixty (60) days advance written notice to the Purchasing Officer. Termination of performance shall be the Service Provider's only remedy if the Purchasing Officer does not approve the price increase.
3. CONTRACT REQUIREMENTS
Suppliershall be licensedin accordancewith all applicablelaws, rulesand regulations, includingbut not limitedto those promulgatedin the CaliforniaBusinessand ProfessionsCode and by the CaliforniaAir Resources Board. Supplier shall possess all necessary and applicable licenses required to transport motor vehicle fuels as may be issued by the State of California Department of Motor Vehicles ( DMV) and the United States Department of Transportation ( USDOT).
Supplier is to take particular note of insurance requirements listed in the General Conditions of this Invitation to Bid. No work may commence on any part of this contract unless, and until, all certificates of insurance and supplemental endorsements are on file with, and have been approved by, the City.
Standards of Work. All work shall be performed in a manner commensurate with the highest professional standards and best industry practices, using qualified and experienced personnel. Supplier shall give his personal attention to the fulfillment of the contract and keep work under his control.
Safety Duties. Suppliershallatalltimessoconducthisworkasto insuretheprotectionof personsan NKE.. property in a manner satisfactory to the City. All work and materials shall be in strict accordance with,: II Annual Contract For Fuel, Bid No. 22- 23- 03 Pag 48 0
ORIGINAL
applicable federal, state, city and county rules, regulations, and codes, and attention is specifically drawn to the requirements of FED - OSHA and CAL - OSHA.
Supplier' s Employees. All persons engaged in the work will be considered as employees of the Supplier. Only workmen thoroughly familiar with their line of work will be employed on the job. The following requirements shall apply to all persons employed by the Supplier in the performance of work specified herein:
Supplier shall ensure that employees are physically qualified to perform their assigned duties in a safe manner.
Supplier shall prohibit employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.
Supplier shall ensure that all drivers shall be properly licensed and shall operate vehicles and equipment used in the performance of the contract in a safe and prudent manner. Supplier shall provide operating instructions for all equipment. Newly hired operators shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely operating equipment.
Supplier shall ensure that all employees shall wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the Supplier. All vehicles ( trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the Supplier.
Supplier' s employees shall refrain from using profane or vulgar language in a public area while performing work under this agreement.
Adequate Resources. Supplier shall have adequate office and personnel resources for responding to the City' s needs, including, but not limited to, telephone coverage Monday - Friday during the hours of 8:00 a.m. through 5:00 p.m. Supplier shall provide the first and last names and telephone number( s) of the person( s) to be contacted during the City' s normal working hours for order placement and resolution of contract issues. Supplier shall also provide the names of three ( 3) individuals, with home telephone numbers, cell phone numbers and pager numbers who may be contacted in the event of emergencies.
Supplier shall insure that all employees dealing directly with the City with regard to the Annual Contract for Fuel Products are fully aware of all contract provisions, including the requirements of the City and the obligations of the supplier. All of Supplier' s drivers shall be familiar with all City fueling locations and the delivery and the unloading requirements for each site. Supplier shall provide a dedicated account manager who shall be assigned to handle all contract issues, including the ordering and invoicing for same.
Equipment. Supplier' s equipment and vehicles shall be in good and safe working order and all personnel shall be trained in safety measures to preclude accidents endangering City personnel and property.
Supplier shall have adequate and appropriate equipment for the delivery of goods on proposed contract.
All vehicles used by Supplier in fulfilling the terms of the contract shall meet all applicable federal and state requirements for such vehicles, including USDOT, DMV and CalTrans codes and regulations and the State of California Emission Inspection Program.
All dispensing and measuring equipment shall be tested and certified in accordance with the State of California Business and Professions Code Division 5, Article 6 and shall meet the requirements of the California Air Resources Board. All delivery vehicles and dispensing equipment shall meet all current Federal and State requirements related to vapor recovery.
Supplier' s equipment shall be compatible with City facilities, including, but not limited to, pumping equipment if needed, for filling above ground fuel tanks and all of Supplier' s personnel shall be experienced and properly trained to safely and efficiently operate all of the equipment to be used in fulfillment of the contract.
Fuel Specifications. All fuel to be delivered on any order under the contract shall be homogenous and free of foreign matter and impurities and shall remain so in normal storage. The gasoline and diesel to be_,,NKE,` Annual Contract for Fuel, Bid No. 22- 23- 03 Page t9 T"— b
ORIGINAL
furnished under the contract shall meet, and conform to, all applicable ANSI and ASTM standards and the provisions of the Federal Clean Air Act ( latest revision) as well as the applicable rules, regulations and requirements of the United Sates Environmental Protection Agency (USEPA), the California Air Resources Control Board ( CARB), the California Department of Food and Agriculture Division of Measurement Standards and the San Joaquin Valley Air Pollution Control District (APCD) related to motor vehicle fuel standards. The gasoline and diesel must be of a quality equal to similar products furnished to the refiner's retail service stations.
Diesel fuel provided shall meet ASTM Standard 975- 97 and shall be ultra -low -sulfur, # 2, Clear ( Un- dyed).
Dieselfuelshallcontainanyrequiredadditivesnecessaryto prohibitthegrowthof bacteriaandalgaeduring storage ( fuel and water- soluble biocide). Other additives such as water dispersants, corrosion inhibitors and detergents shall be added in accordance with best industry practices.
Failure to comply with the requirements of this section shall, at the option of the Purchasing Officer, be deemed sufficient reason for rejection of any lot of fuel delivered, and the Supplier shall, at no expense to the City, remove that fuel from the tank(s) and shall perform whatever services that shall be necessary to restore the tank(s) and other equipment to an operable condition to the full satisfaction of the City. Further, Supplier shall make full restitution for the quantities of fuel known to have been in the tank(s) immediately prior to the delivery of the rejected lot of fuel, and for any damage to the equipment or vehicles that may have occurred from use of the rejected fuel.
Estimated Annual Order Quantities. Estimated annual usage is provided below. One ( 1) gallon of fuel shall be equal in volume to one (1) fluid gallon or 231 cubic inches at a standard temperature of sixty 60 degrees Fahrenheit, as defined by the United States Bureau of Standards. Supplier shall be required to provide truck and trailer service to specified City fueling sites. Delivery quantity restrictions will not be allowed and bids offered with such restrictions will not be considered for award. Supplier refusal to deliver quantities less or more than, and in frequencies in excess of those listed below may be grounds for contract termination without further cause.
LOCATION FUEL TYPE
TANK ESTIMATED TANK
CAPACITY E .ANNUAL USAG DESIGNATION
I CORPORATION YARD i`
Diesel # 2 Carb Ultra - Low -
Sulfur, Clear ;; 15, 000 150, 000
underground
4101 Truxtun Avenue ;
Unleaded 87 Octane 15, 000 1I 350, 000 underground
POLICE GARAGE
1601 Truxtun Avenue Unleaded 87 Octane 15, 000
i
275, 000 underground
TOTAL ESTIMATED ANNUAL FUEL USAGE: 775, 000 gallons ( Gasoline and Diesel Fuel combined) Unleaded - 87 Octane: 625, 000 Diesel # 2 - Carb Low - Sulfur, Clear: 150, 000 Ordering Procedure and Delivery. A City representative will notify supplier of the need for fuel by either phone call, fax or e- mail. Supplier shall provide fuel delivery within twenty- four ( 24) hours of notification by the City. Under periods of extreme usage, delivery may be required within a twelve ( 12) hour period. The City's normal working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, the City prefers deliveries to be between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, unless special arrangements are made with the individual fueling sites prior to delivery.
All deliveries resulting from this contract shall be F.O. B. Destination to the City sites. Note: Many of the City's fueling locations have employees on site for extended hours. After award of contract, Supplier may be allowed to make routine deliveries outside of the City' s normal working hours on a site -by -site basis if agreeable to the representative for each site. Automatic deliveries may also be arranged at the sole discretion of the fueling sites.
For all deliveries not accomplished within twenty- four ( 24) hours, the City reserves the right to procure the product( s) elsewhere and may bill Supplier the difference between the contract price and the actual purchase price, or any variation thereof, as liquidated damages, or the City may deduct the difference in pricefromanymoniesdue, orwhichmaybecomeduetoSupplier. Failuretodeliverwithintwenty-four (24),ZNKF hours on more than one occasion may be grounds for contract termination without further cause. m
Annual Contract for Fuel, Bid No. 22- 23- 03 Page'm o
ORIGINAL
The City reserves the right to deny access to City property any delivery vehicles leaking fuel or other hazardous materials. Supplier will be notified of such denied access and shall make delivery of the denied load within one (1) working day of notification with a City approved vehicle.
Ordering procedures may change when it is deemed in the best interest of the City and Supplier shall adapt to changes as required by the City. Supplier must provide valid communication information (phone, fax or e- mail) for orders to be placed.
Emergency Deliveries. Deliveriesrequestedoutsideof theCity's regularworkinghoursof 8:00 a.m. to 5:00 p.m., Monday through Friday shall be considered emergency deliveries, unless Supplier and City have agreed in advance to a routine delivery schedule encompassing the hours outside of normal working hours.
Additionally, deliveries shall not be considered emergency deliveries if the after-hours delivery is due to Supplier failure to make a routine delivery of fuel within the normal working hours or if Supplier has made prior special arrangements for a routine after- hours delivery.
The City shall endeavor to keep emergency deliveries to a minimum. However, in the event of an emergency, delivery shall be completed within four ( 4) hours of receipt of the request for emergency delivery. Supplier shall be allowed an additional payment for emergency deliveries. This cost shall be stated as a per hour cost ( plus cost of fuel), as noted on the Bid Form. Provisions of the contract shall in no way prohibit the City from making an incidental purchase from another supplier for the same commodities as listed herein and emergency purchases may be obtained from contract supplier or other sources in order to best serve the interests of the City.
Delivery Ticket. A delivery ticket shall accompany each shipment including gross and net gallons delivered as well as Supplier's employee (driver) name or designee making the delivery. Deliveries shall be measured by meters designed to imprint meter readings and such meter readings shall be imprinted on the copy of the delivery ticket presented to the City at the time of delivery.
Fax and/ or e-mail delivery tickets to Fleet ( 661) 852- 2112, desparza( cD_bakersfieldcity. us. Alternate e-mails may be added at the City' s option.
A legible signature and printed name of the designated City representative is to be obtained and recorded onthedeliveryticketat thetimeof thedelivery. Unsignedticketsmaynotbe leftat thedeliverylocationand it shall be the driver' s responsibility alone to insure that a delivery ticket has been signed. Invoices for payment, for which there is not a signed delivery ticket, may not be authorized for payment. Emergency deliveries may be excluded. Failure to provide a delivery ticket with each shipment may be grounds for termination of the contract without further cause.
Spillage and Cleanup. Supplier shall be responsible for all spillage and damage which may occur during loading, transit and unloading operations. In the event of a spill or damage to property, Supplier shall immediately notify the City's representative at the corresponding delivery location. Damages to property and spills caused by Supplier must be corrected immediately. Cleanup shall be performed in accordance with USEPA and State of California requirements. Any costs for repair of damage or correction of spillage performed by the City due to Supplier' s failure to make timely or satisfactory repairs, corrections or cleanup of spills shall be charged back to the Supplier or deducted from monies owed to Supplier.
Contract Pricing. Pricing shall be based on a variable price ( Oil Price Information Service - OPIS) tied to a published index ( PADD 5-Bakersfield Rack) plus Supplier' s positive or negative price differential.
Bid Format. Supplier shall provide pricing as follows:
1. Bid # 1 — OPIS Pricing plus Differential - Oil Price Information Service ( OPIS) Index, plus or minus Supplier' s differential. ( Bid the differential only as the OPIS Price should be the same for all suppliers). The daily " average" of branded and unbranded ( combined) OPIS price for the marketing area will be the BASE PRICE for the day. This average shall be based on the OPIS Gross Newsletter which is published daily. Relevant Marketing Area shall be PADD 5 - Bakersfield for Unleaded Gasoline and Diesel # 2 ( Clear). OPIS base pricing is described below. y
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Annual Contract for Fuel, Bid No. 22- 23- 03 PQ8! E1NAL NOTE 1: If at any time during the term of the contract the OPIS price is not quoted for any item or location, the most recent price previously reported shall be utilized as the BASE PRICE. If two or more periods pass without the publishing of prices, it shall be the Supplier's responsibility to telephone the Purchasing Officer who shall negotiate the current price until published. If the marketing publication is modified, the City reserves the right to re-establish the price mechanism of the bid or to cancel all or part of the contract without prejudice against any party to the contract.
NOTE 2: All differential prices submitted by Bidder and not indicated as plus (+) or minus (-) will be considered to be (+) differentials. Differential pricing to be held for one year and may be adjusted annually upon renewal of the contract and upon mutual agreement of the City and supplier.
NOTE 3: The differentials shall include each and every item of expense connected with the furnishing and delivery of fuel products to the City, except taxes and the cost of fuel being delivered.
All price differentials bid shall be firm for the life of the contract ( each one-year period). Price differentials may be adjusted annually by the supplier upon annual renewal of the contract.
Increase in price differentials will be subject to the approval of the City.
2. Bid # 2 - Emergency Deliveries and Miscellaneous Services — Provide hourly rates for emergency deliveries and miscellaneous services. Fuel prices for emergency deliveries shall be based on Bid Items 1 or 2 and the hourly rate stated for emergency deliveries will be in addition to fuel prices. If Supplier does not intend to charge an hourly rate for emergency fuel deliveries, state None" or $ 0. 00 on the Bid Form.
All contract prices are subject to Federal, State and Local Sales Taxes with the exception of Federal Excise Taxes from which the City is exempt. Supplier shall separately designate the type and exact amount of all other applicable taxes, including but not limited to the California Oil Spill Surcharge and the Childhood Lead Poisoning Fee, where indicated on the Bid Form.
Temperature Correction. Temperature correction of delivered product shall not be allowed. Invoices and payments shall be for gross gallons delivered.
OPIS Price Verification. Supplier shall be required to provide OPIS price verification in one of the following ways: ( 1) provide the City with a subscription to OPIS marketing publication (2) meet with City personnel on a weekly basis to discuss OPIS pricing for the purchase period. This option will require the supplier to bring the OPIS pricing on the weekly visits (3) provide the City with a copy of the corresponding OPIS pricing within twenty-four hours of delivery of each shipment or (4) attach a copy of the relative Oil Price Information Service ( OPTS) published price list to the corresponding invoice.
Invoicing Requirements. The supplier shall provide fully itemized invoices, with base prices, differential price and composite price, as well as extended prices. Invoice shall reference Bill of Lading number if different from that of the invoice, as well as the delivery ticket number. Invoices shall include and separately list the following items:
1. Delivery Location — by address and facility name
2. Order Number
3. Purchase Order Number
4. Type of Gasoline products
5. Amount of fuel dispensed ( with meter stamp)
6. Current " Base" price as per OPIS Pricing
7. Differential
8. State Sales Tax
9. Local Sales Tax
10. All other taxes ( each tax itemized separately)
Invoices must be faxed or e-mailed to the City within twenty- four ( 24) hours of delivery. If the relative Oil Price Information Service ( OPTS) published price list corresponding to the day of delivery was not provided within twenty- four hours of delivery or at the time of delivery, a copy must be attached to the corresponding ( see OPIS Price Verification above). 6AKF
Supplier shall invoice each delivery location separately, unless otherwise advised, upon satisfactor b receipt of fuel and performance of services. +— 177
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29R!C-INIA Invoices not supported by all specified documents or not itemized as required will be retained and payment held in abeyance until the required documentation or a corrected invoice is received.
Report of Contract Purchases. Suppliershallprovidethe Citya reportof the purchasesmadeunder the contract. The report shall be provided quarterly, by the fifteenth of the month following the end of each contract quarter. The report shall be submitted in duplicate to the Purchasing Division. The report shall include the quantities of gasoline and diesel purchased and delivered to each location.
Force Maieure. The City will grant relief as necessary from performance under the contract if Supplier is preventedfrom complianceand specificperformanceby an Act of War, Orderof LegalAuthority, Act of God or other unavoidable causes not attributable to the fault of the Supplier. The burden of proof for the need of such relief shall rest upon the Supplier.
Allocations. In the event the supplier's supply of awarded items is reduced for reasons beyond the supplier's control to a level which prevents supply of the City's requirements in full, the supplier agrees to supply the City no less than a proportionate share delivered to similar accounts, unless Federal regulations require otherwise. If such reduction occurs, the City reserves the right to cancel all or part of the contract without prejudice to either party, by giving the supplier thirty ( 30) days written notice. 81OAKFa
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 23
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
IMPORTANT NOTICE
DOCUMENTS TO BE RETURNED WITH BID
The following documents must be completed and submitted on or before the Submittal Deadline. Failure to complete, sign ( where required), and return the documents with your bid may render it non -responsive.
Bid Forms ( Pages 25- 34)
Certification of Examination and Acceptance of Bid Requirements Non - Collusion Affidavit
Worker' s Compensation Insurance Certification
Statement of Compliance with Insurance Requirements
Statement of OSHA Compliance
DOCUMENTS TO BE RETURNED WITHIN TEN ( 10) DAYS OF R€ QUEST Signed Contract
Insurance Certificates and Additional Insured Endorsements Worker' s Compensation Waiver of Subrogation
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 24
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
COMPANY PROFILE
NAME OF SUPPLIER:
BUSINESS ADDRESS:
CITY. STATE & ZIP CODE:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
i
J
E- MAIL ADDRESS:
I
CONTACT ( for this Invitation to Bid):
I
EMERGENCY CONTACT NUMBERS
CELL PHONE:
PAGER:
TOLL FREE NUMBER:
CITY SALES TAX PERMIT # ( BUSINESS LICENSE):
FEDERAL EMPLOYER ID #:
i
CORPORATION PARTNERSHIP JOINT VENTURE SOLE PROPRIETOR OTHER For Corporations, provide the name of the state in which the firm is incorporated:
The undersigned declares that this Bid is based upon careful examination of the specifications provisions of Bid No. 22-23-03 for the Annual Contract for Fuel, Truck/Trailer Load Quantities, Bidder hereby agrees to provide all transportation, labor, supervision, machinery, tools and apparatus and incidentals necessary to provide an Annual Contract for Fuel, Truck/Trailer Load Quantities and to perform all work and provide i all products in accordance with the specifications, terms, conditions, and requirements of Bid No. 22- 23- 03. The undersigned further declares that he/she has not directly or indirectly entered into an agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with said Invitation to Bid.
Bidder acknowledges receipt of Addenda Number( s) ) ; and Authorized Signature Print Name of Person Authorized to Sign W
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 25
SUPPLIER NAME:
PRICING INFORMATION - OPIS PRICING PLUS DIFFERENTIAL (+/-) Forbidevaluationpurposesonly: TheOPISrackpriceshallbesetforallBiddersat $3.30pergallonasatheoretical price and is not necessarily the price to be used in calculating the price charged to the City during the contract period.
ESTIMATED SUBTOTAL =
ANNUAL OPTS DIFFERENTIAL !
RACK PRICE
1 PRODUCT
QUANTITY
RACK SUPPLIER
DIFFERENTIALPRICE* plus/ minus) PRIOR TO TAXES 1
j
UNLEADED 87 625, 000 3. 30
DIESEL # 2
150, 000Ultra - Low Sulfur Clear ;
Deliveries requested outside of regular working hours and days (8:00 a.m. to 5:00 p.m., Monday through Friday) j shall be considered an emergency. The additional charge for emergency deliveries shall be (all-inclusive of eggqyiiipppmmeenntttaand $//
qtt/ r. Hour-- dlllaaabbb000:
L///
All
contractprices are subjectto Federal, State and LocalTaxes, includingState SalesTax, with the exceptionof FederalExcise Taxes from whichthe Cityis exempt. In thespacesbelow, Suppliershall separatelydesignate the typeand exactamountof allotherapplicabletaxes, includingbut not limitedto thoselisted below. (Specify those not listed). Check whethereach tax is applicableto Unleadedand/ or DieselFuel. Thesetaxes will be addedto thepriceper gallon, plus differential, paid by theCity, wheninvoicedby Supplier. TAX i AMOUNTUNLEADED AMOUNT DIESEL j Federal
Excise Tax EXEMPT ( EXEMPT EXEMPT EXEMPT Applicable
Not ppPpi Applicable Not I
CaliforniaState Excise Tax — _ Applicable Applicable GHG/ CAR Compliance ; $ I Applicable Not Applicable Not Assessment _ _ Applicable _ Applicable _ CA
Low Carbon Fuel ; $ Applicable Not Applicable Not Standard Applicable ca— Applicable Applicable Not
Applicable Not Federal L.
U. S. T. _ _ ApplicableApplicable Federal Environmental $ Recovery Fee
Applicable Not
Applicable 1 $
L Applicable Not
Applicable California
Childhood
Lead $ Applicable Not I
Applicableo Not PoisePrevention
Fee A licable PP JA Applicable CaliforniaMotor
Vehicle ; $ Applicable Not Applicable Not Fuel Tax -
Gas ApplicableApplicable CA Assembly
Bill 32 $ ImplementationFee #
1 Applicable Not
Applicable Applicable
Not
l CA Assembly
Bill 32 ImplementationFee $ #
2 Applicable Not
J Applicable
Applicable
Not
Applicable Applicable
CA Assembly
Bill 32 $ ImplementationFee #
3 Applicable Not (
Applicable Applicable
Not
Applicable I
TOTAL ANNUAL
ESTIMATEBASED ON ESTIMATED (QUANTITIESLISTED ABOVE, HYPOTHETICALRACK PRICE, (+/-) DIFFERENTIALAND APPLICABLE TAXES. gPK C"
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Annual
Contract
for Fuel, Bid No. 22- 23- 03 Page26
Supplier Name:
DESIGNATION OF SURETIES - The following are the names, addresses, and telephone numbers for all insurancebrokersandsuretiesfromwhombidderintendsto procureinsuranceand/or bonds.
TYPE COMPANY NAME ADDRESS
TELEPHONE
CONTACT
NUMBER
General Liability
i I
Automobile Liability MEMO
3 I
Worker' s Compensation - J
REFERENCE - Provide two (2) or more references for work of a similar nature performed within the last three ( 3) years.
REFERENCE 1 i 2
Account Name
Location
I
including Mailing Address)
Contact Person and Title
currently employed by company
Telephone Number
Facsimile Number
Years of Service of Account
REFERENCE _
u_
3 Account Name
C.. 4
Location
including Mailing Address_
Contact Person and Title
currently employed by companyj!
Telephone, Number ._______
Facsimile Number
Years
gA
of Service of Account
a
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UORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 27
Supplier name:
EXCEPTIONS —
In the space provided below, state any exceptions to the contract requirements and/ or specifications of Bid No. 22- 23-03. Supplier understands that the City reserves the right to reject the bid if it is offered conditionally, includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents or expresses exceptions or qualifications on the technical specifications not acceptable to the City. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions. gAKFq
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CRIGINO
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 28
CERTIFICATION OF EXAMINATION AND
ACCEPTANCE OF BID REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The undersigned, a duly authorized officer of
agree to the following:
does hereby represent, warrant and
1. Supplier, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against any and all loss, cost, liability, and expense including reasonable attorney fees) arising out of any breach of this warranty.
2. The Supplier, in submitting a bid, warrants that it is fully experienced and properly qualified to provide the materials and/ or services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.
3. Supplier has carefully investigated all conditions that affect, or may at some future date affect, the provision of materials or performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of materials to be provided or work to be performed and as to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the Supplier is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work. The City shall not be responsible for any error or omission in any bid.
4. Supplier_ shall at no time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the Supplier receives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the Supplier from its obligations to comply in every detail with all provisions and requirements of the Invitation to Bid and all contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the Supplier for additional compensation.
5. Supplier agrees to all of the provisions, terms and conditions of Invitation to Bid, including pricing/ escalation provisions, insurance and indemnification requirements, all without exception, unless so stated in the Exceptions" section of the Bid Form. Supplier understands that the City of Bakersfield reserves the right to reject any or all bids containing exceptions or to require modifications before acceptance.
6. Supplier agrees to secure insurance coverage at the limits required by the City of Bakersfield.
7. Supplier agrees to the termination and non - appropriation clauses of the Invitation to Bid.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
s
Date of Signing rc,
r
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29
NON - COLLUSION - AFFIDAVIT
To Be Executed By Bidder & Submitted With Bid
OK to attach acknowledgment)
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03
The undersigned, being duly sworn, deposes and says that he or she is ( title) of company) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation: that the bid is genuine and not collusive or sham; that he/ she has not, either directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bid has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bid, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Bidder' s Name:
Signature of Bidder:
Title:
Business Address:
Place of Residence: _
STATE OF CALIFORNIA
COUNTY OF
On date), before me, -
Name and Title of the Officer), personally appeared
Names( s) of Signer(s), who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/ their authorized capacity( ies), and that by his/her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of California that the foregoing paragraph is true and correct
WITNESSmy hand and official seal.
Notary Public Signature
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 30
WORKERS' COMPENSATION INSURANCE CERTIFICATE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Supplier shall executethe following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers' 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 under this contract." Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
r r-
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 31
STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
Suppliershallcarefully review the insurancerequirementsapplicable to this contract. Suppliershallprocure and maintain for the duration of the contract, insuranceagainstclaimsfor injuries to personsor damagesto property which may arise from or in connection with the performance of the work hereunder and the resultsof that work by the Supplier, his agents, representatives, employees or subcontractors.
Prior to commencement of work under the contract, Supplier shall provide to the City original, signedcertificatesand original, separateamendatory endorsements, naming the City asadditional insured for liability insuranceand automobile insurance as well as a waiver of subrogation for Worker' s Compensation.
MINIMUM SCOPE OF INSURANCE
1. Workers' Compensation Insurance as required by the State of California
2. Employer' s Liability Insurance
3. Original and separate Waiver or Subrogation for Workers' Compensation Insurance
4. Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 0001)
5. Insurance Services Office Automobile Liability coverage ( Form CA 0001, Code 1, Any Auto)
6. Original and separateAdditional Insured Endorsementsfor General and Automobile Liability with primary language
BIDDER' S STATEMENT
BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid No. 22- 23- 03. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specifiedrequirementsfor insurance, including insurancecoverageof subcontractors, and agreesto namethe City asAdditional Insured for the work specified.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
m
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 32
STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
Supplier hereby agreesto comply in all respectsto the Williams -SteigerOccupational Safetyand Health Act of 1970 and all revisions thereto.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
m
ORIGIN, U
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 33
THE FOLLOWING SHOULD BE VISIBLE
ON THE SEALED BID ENVELOPE:
Your Company Name and Address
Cut out the delivery label below and tape it to your sealed bid envelope.
O
CUT ON THE DOTTED LINE.
SUBMIT BIDS TO:
Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, 2nd Floor
Bakersfield, CA 93301- 5201
s •
BID NAME: A/ C Fuel
e
LIST ALL ADDENDA RECEIVED: •
Addenda No' s.:
or) •
None Received: :
Questions? Call 661- 326- 3746 or assistance.
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 34
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
COMPANY PROFILE
NAME OF SUPPLIER: OIL, G,
BUSINESS ADDRESS:- I _ V' j Tl''N9 DS1'-- -----_.____..-----_-------..__--- CITY, STATE & ZIP CODE_- -- A- - 1? `( ( E;) CZOY'IF v Ce* C(Zg Q,-------- TELEPHONE NUMBER: " l' J` 7d, q5
FACSIMILE NUMBER: {''' 30'
E- MAIL ADDRESS: Nv6W t4 (- 4L4( , I T
CONTACT ( for this Invitation to Bid)__
EMERGENCY CONTACT NUMBERS
CELL PHONE: ' l - S 3 O - 1Gj WtR, t/- a e -,-°- t
PAGER:
TOLL FREE NUMBER:-------- ------- -- -- --------------------- -- CITY SALES TAX PERMIT # ( BUSINESS LICENSE)_ CAT d j!r__ EIPcd_Vq& AM- IP Z FEDERAL EMPLOYER ID #: ' 16- D59 3 ApS?i
CORPORATION PARTNERSHIP JOINT VENTURE SOLE PROPRIETOR OTHER For Corporations, provide the name of the state in which the firm is incorporated:
The undersigned declares that this Bid is based upon careful examination of the specifications provisions of Bid No. 22-23- 03 for the Annual Contract for Fuel, Truck/ Trailer Load Quantities, Bidder hereby agrees to provide all transportation, labor, supervision, machinery, tools and ' apparatusand incidentalsnecessaryto provide an Annual Contractfor Fuel, Truck/TrailerLoad Quantitiesand to performall work and provide all productsin accordancewith the specifications, terms, conditions, and requirementsof Bid No. 22-23-03. The undersignedfurther declares that he/she has not directlyor indirectlyenteredinto an agreement, participatedin any collusionor otherwisetaken any action in restraintof free competitive bidding in connection with said Invitation to Bid.
Bidder ackn_owledges receipt of Addenda Number( s) I , and Print Name of Person Authorized to Sign
j})% j Q 1 2_
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ORIGINO
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 25
SUPPLIER NAME: „ la iIJL•
PRICING INFORMATION — OPIS PRICING PLUS DIFFERENTIAL
For'bid evaluatioriyurposes'= or lys The OPIS rack price shall be setfor all Biddersat $3.30 per gallon as a theoretical Driceand is not necessarilythe priceto be used in calculatingthe Dricechargedto the Citv duringthe contract period.
ESTIMATED SUBTOTAL =
ANNUAL
OPTS DIFFERENTIAL RACK PRICE
RACK SUPPLIER j +_) DIFFERENTIALPRODUCT !
QUANTITY i
PRICE -- ( plus/ minus)
i -- PRIOR TO TAXES_---.!
UNLEADED 87 ; 625, 000 $ 3. 30 !
0. 01<BP1 ' ZJW ( i
DIESEL # 2 150, 000 $ 3. 30 + , 0, 0510Ultra - Low Sulfur Clear ! Deliveries requested outside of regular working hours and days ( 8:00 a.m. to 5:00 p.m., Monday through Friday) shall be considered an emergency. The additional charge for emergency deliveries shall be (all-inclusive of '{{ equipment and labor): $ Lel-, 5D / qtr. Hour
Allcontractpricesaresubjectto Federal, StateandLocalTaxes, includingStateSalesTax, withtheexceptionofFederalExciseTaxes fromwhichtheCityisexempt. Inthespacesbelow, Suppliershallseparatelydesignatethetypeandexactamountofallotherapplicable taxes, including but not limited to those listed below. ( Specify those not listed). Checkwhether each tax is applicableto Unleaded and/or DieselFuel. Thesetaxeswillbeaddedtothepricepergallon, plusci ferential, paidbythe City, wheninvoicedbySupplier.
TAX ; AMOUNT UNLEADED _ ! _ AMOUNT — ! DIESEL
Federal Excise Tax --_ EXEMPT _ — E) CEMPT _ _ j EXEMPT i EXEMPT 1 )6Applicable Not ' ; % Applicable Not
California State Excise Tax i ' 3a D Applicable _ $
V ' ov _ Applicable
I' zrL' L 1=' T4' I
GHG/ CAR Compliance j Applicable Not ( pKApplicable Not Assessment $ VdiG1 5 ! Applicable $ 1 4- at l Applicable CA Low Carbon Fuel i $ XApplicable Not $
A+ { >*
Applicable Not
Standard _ V i i Applicable VApplicable 1
j!{il,pplicable Not j }( Applicable Not Federal
L. U.S. T. _ v ! $
0,
00 Applicable $_ 00 , Applicable j Federal
EnvironmentalI $ , qq 1 1 . K' Applicable Not i ) CAApplicable Not Recovery Fee — ! V - I I Applicable $ 0' DOApplicable California Childhood Lead $ * Applicable Not ApplicableANot Poise PreventionFee _ Applicable i $ _ f ApplicableCalifornia Motor Vehicle $ % j Applicable Not fu f Applicable Not Fuel Tax - Gas __—______ b ____-..._____._ Applicable _$- i-___- 1 1 alliApplicableCA
AssemblyBill 32 ! $ ; ppllcable Not grApplicable Not Implementation Fee # 1 _ _ ! Applicable ! $ hr
i
ApplicableCA
AssemblyBill 32 0. 0 / 4( Applicable
Not - 1 )< Applicable Not Implementation
Fee # 2 — _ Applicable — $ — 1 ApplicableCA
AssemblyBIII 32 $ JApplicable Not i Applicable Not I Implementation Fee # 3 _ Applicable _ i $ Applicable _ I, Nip
Iicu 1`. 17% TOTAL
ANNUAL ESTIMATE BASED ON ESTIMATEDQUANTITIES LISTED ABOVE, HYPOTHETICAL RACK PRICE, (+/-) DIFFERENTIAL AND APPLICABLETAXES. AK,,- W
OORIGINALo
Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 26
Supplier Name:.
I
A -Pr•- Ot, 6 10C,
DESIGNATION OF SURETIES - Thefollowingarethe names, addresses, andtelephonenumbers for all insurance brokers and sureties from whom bidder intends to procure insurance and/ or bonds.
TYPE COMPANY NAME ADDRESS
TELEPHONE
CONTACT
NUMBER I
1 General Liabili
i
I
Automobile Liability
r I
Worker' s Compensation
REFERENCE - Provide two ( 2) or more references for work of a similar nature performed within the last three ( 3) years.
REFERENCE
Account Name
STLocation ok q 1-7101
including Mailing Address_) J6 GC1(
Contact Person and Title i °
currently employed h company
Telephone Number
F r R4XQa45( OC4; k N f105s) Jj> D. %&LW # aSC, c v
Years of Service of Account
REFERENCE 3 4
Account Name City or Im 1 I c. Wi4'( lSii? a '
Location
7, c1) S • vK 0" D• " t oo ww '! D p' U
includin Mailin Address V0• C* CI-2-1 S V `( A
fig ---- --= ---------- -_ _.
Contact Person and Title h"' J P-0, P-o AU- U- x J " 1eV- 1qa' currently emp ed by company)
Telephone Number
FFeesi nHe- Nt* mber kL— A+J j
Years of Service of Account
m
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 27 ' ORIO'NAL
BANK, WEST
BNP PAMEM S
1-800-488-2265
We appreciate your business!
BANK, WEST
sNPPARIBAS PURCHASERS. RECORD CASHIERS CHECK 100390992
1-800-488- 2265
9048/ 1211
00690
PURCHASER AAA OIL, INC.
PAY TO THE CITY OF BAKERSFIELD
ORDER OF
Ten Thousand and 00/100ths .Q.ollars
Memo ' bldNo - - o a nd6ntf6r fuel/
CASHIER° S CHECK
11' L00 3909 79 2110 l: L 2 L L00 78. 2i: 04 L00095611' DATE 09/ 08/ 2022
10, 000. 00
CAFI- 1E1- S. 01 GJARAMILLO
ACOR®"
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMmD/ YYYY)
8/12/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSUREDprovisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorseme s .
PRODUCER
Churchill & Associates Insurance Services, Inc.
31248 Oak Crest Drive, Suite 140
Westlake Village, CA 91361
JM. cTGingerJaramillo
PkoN .
805 ZZO-1170
FAX
L GNo :(80 220. 1168
INSURER AFFORDING COVERAGE NAIC#
INSURERA:GuideOne Insurance Company 15032
INSURED
AAA oil, Inc.
California Fuels & Lubricants; FOPCO, Inc.
11621 Westminster Avenue
Garden Grove, CA 9280
amRERB: General Stair Indemnity Comparw 37362
INsuRERc • Insurance CompanyCompapyof theWW27847 INSURERD Certain Undenn+ riters at LIod° s INSURER
E: INSURER
F • enUa0Ar-=
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IS TOCERTIFYTHAT THE POLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THEINSUREDNAMED ABOVE FOR THE POLICYPERIODINDICATED.
NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANYCONTRACTOROTHER DOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATE
MAY BE ISSUEDOR MAYPERTAIN, THE INSURANCEAFFORDED BY THEPOLICIESDESCRIBEDHEREIN IS SUBJECTTOALL THETERMS, EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES. LIMITS SHOWNMAY HAVEBEEN REDUCEDBY PAIDCLAIMS. SR
TYPE OF INSURANCESU POLICY NUMBER PGLICY
EFF MMID
POLICY
EXP U6IrS A
X COMMERCIALGENERAL uABILnY CLAIMS -
MADEa OCCURX X 62P100999-01 5/ 1/ 20225/ 1/ 2023EACH
OCCURRENCE1, 000,000 DAMAGErORENTED
100, 000 MED
EXP one perspAnS 0
PERSONAL &
ADVINJURY 1, 000,000 GEN'
L AGGREGATELIMIT APPLIESPER: X -
LOC POLICYj OTHER:
GENERAL
AGGREGATES 2,
000,000 PRODUCTS
S 2, 000,000 S
A
AUTOMOBILELu BILrTYANYAUTO
X
X
A
TSU AUTOSONLY AUTOS MUS
ONLYAUON X CA
9948MCS90 xx XX
2PI00999-01 5N/ 2022 6/ 1/ 2023COMBINEDSINGLE
LIMIT 1, 000, 000BoDILYINJURYPer
BODILY INJURY (
Per S E S
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uMBRELLALIABEXCESSLIAR
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CLAIMS -MADE
ID( G671934A
5/
1/ 20225/ 1/ 2023EACHOCCURRENCE
5' 000,
000AGGREGATE5,
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1 S C WORKERSCOMPENSA710M
ANDEMPLOYERS'
L1ABRnYANY PROPRIETORMARTNERIEXECUTIVE
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describeunderDESCRIPTIONOF
OPERATIONS belowNIA X
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EACHACCIDENTi' QQQ' QQQE. L.
ISEASE-EA EMPLOY 1, 000, 000S LDISEASE-
POLICYLIMIT 110001000D A
Excess
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5/ 1/
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DESCRIP11ONOF
OPERATIONS I LOCATIONS I VEHICLES PACORD1M. AddMormlRemarksSC _ may be attachedtt more maceIs wwilred) hedulei ._ .. - SHOULDANY
OF THE ABOVEDESCRIBEDPOLICIESBE CANCELLEDBEFORETHE EXPIRATION DATETHEREOF, NOTICEWILL BE DELIVEIIWPOs ACCORDANCEWRH
THEPOLICY PROVISIONS. 7' AUTHORIZEDREPRESENTATIVE t-
i P- 00RIGINAL ACORD
25 (
2016103)
019M2015 ACORDCORPORATION. All rights reserved. The ACORD name and logo are registeredmarksof ACORD
Supplier name: kA-A- 6 tL,
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EXCEPTIONS —
In the space provided below, state any exceptions to the contract requirements and/ or specifications of Bid No. 22- 23-03. Supplierunderstandsthat the City reserves the right to reject the bid if it is offered conditionally, includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents or expresses i exceptionsor qualificationson the technical specificationsnot acceptableto the City. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions. gAKF9
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 28
CERTIFICATION OF EXAMINATION AND
ACCEPTANCE OF BID REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
The undersigned, a duly authorizedofficer of * P D l I WC- does hereby represent, warrant and agree to the following:
1. Supplier, in submitting a bid, warrants that it has full power and authorityto comply with the requirements specified herein and will holdthe City harmlessfrom and against anyand all loss, cost, liability, and expense includingreasonableattorneyfees) arising out of any breach of thiswarranty.
2. The Supplier, in submitting a bid, warrants that it is fully experiencedand properly qualified to providethe materialsand/or services required herein, and that it is regularlyengagedin the generalclassor type ofwork called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.
3. Supplier has carefully investigatedall conditionsthat affect, or mayat some future date affect, the provision of materialsor performanceof servicescovered by this solicitation, andis satisfiedas to thecharacter, quality, and quantitiesof materialsto be providedor work to be performedandas to the requirementsof the Invitation to Bid. Submission of a bid shall also be evidence that the Supplier is familiar with directives that in any way affect prosecutionof the work or personsengagedor employedin thework. The City shall not be responsible for any error or omission in any bid.
4. Supplier shall at no time after submission of a bid make any claim or assertion that there was any misunderstandingor lack of information regarding the nature or amount of work necessaryfor satisfactory performanceunderthe contract. If the Supplierreceives an award as a result of this Invitationto Bid, failure to have made such investigations and examinations will in no way relieve the Supplier from its obligations to comply in everydetail with all provisionsand requirementsof the Invitationto Bid and all contract documents, nor will a pleaof ignoranceof such conditionsand requirementsbe acceptedas a basisfor claim whatsoever by the Supplierfor additionalcompensation.
5. Supplier agrees to all of the provisions, terms and conditions of Invitation to Bid, including pricing/ escalation provisions, insurance and indemnification requirements, all without exception, unless so stated in the Exceptions" section of the Bid Form. Supplier understands that the City of Bakersfield reserves the right to reject any or all bids containing exceptions or to require modifications before acceptance.
6. Supplier agrees to secure insurance coverage at the limits required by the City of Bakersfield.
7. Supplier agrees to the termination and non - appropriation clauses of the Invitation to Bid. 60* MZA%-A:5
A — I ?/ b0' 11'L
Date of Signing
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29
NON - COLLUSION AFFIDAVIT
To Be Executed By Bidder & Submitted With Bid
OK to attach acknowledgment)
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23. 03
The undersigned, being duly sworn, deposes and says that he or(& is " V4- o 4!* ( tit of Ar A# IL. 1NV - ( company) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation: that the bid is genuine and not collusive or sham; that he/ she has not, either directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bid has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bid, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Bidder' s Name: 4 A L. II.O, / J- lgni WO— 4f 0-1.0 LA97 Signature of Bidder:
Title: V""+ n N' zwf- 1_1
Business Address: i 1 IN5V, i2 AryVE. 66- 9; bW
Place of Residence: It41,- W, SyC ywa MJzD Yam. i287o STATE OF CALIFRNIA } COUNTY
OF MOM At On (
date), before me, a Name
and Title of theOfficer), pe onallyappearedNames(
s) ofSigner(s), whoprovedto meon thebasisof satisfactoryevidence to betheperson) wh namel0' is subscribedto he withininstrumentand acknowledgedto that he toy executedthe samein a thWauthorizedcapacity( io, and that by t r e
theirsigna
ure* on the instrumentthe pe nk, or theentityupon behalf of whichthe persona) acted, executed the instrument. I
certifyunder PENALTYOF PERJURYunder the lawsof theStateof Californiathat the foregoingparagraph is trueand correctWITNESS
my handand officialseal. Notary
Public SignatureDDEIGAD
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Y' . COMM. 02368156a,
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4 ? F - svG Notary PublicCaliforniao Orange
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Comm. ExpiresJuly28, 2125i
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Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 30
WORKERS' COMPENSATION INSURANCE CERTIFICATE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22 23- 03 N ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Supplier shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
1 am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers' 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 under this contract." LIIb1C,-
Name of li er rson, Firm, 9r1CVrF
ti r U
Name & Tit a of Authorized Representative
q —12,- 7'02'7i
Date of Signing
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ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 31
STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
Supplier shall carefully review the insurance requirements applicable to this contract. Supplier shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Supplier, his agents, representatives, employees or subcontractors.
Prior to commencement of work under the contract, Supplier shall provide to the City original, signed certificates and original, separate amendatory endorsements, naming the City asadditional insured for liability insurance and automobile insurance as well as a waiver of subrogation for Workers Compensation.
MINIMUM SCOPE OF INSURANCE
1. Workers Compensation Insurance as required by the State of California
2. Employers Liability Insurance
3. Original and separate Waiver or Subrogation for Workers' Compensation Insurance
4. Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 0001)
5. InsuranceServicesOffice Automobile Liability coverage (FormCA 0001, Code1, Any Auto)
6. Original and separateAdditional InsuredEndorsementsfor Generaland Automobile Liabilitywith primary language BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid No. 22- 23- 03. Should the Bidder be awarded the contract for the work. Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of subcontractors, and agreesto name the City as Additional Insured for the work specified.
40 Pr ot!:, t IJ G
Name of Bi der erson, Firm, or Corporation)
inp . - 00'91e'
Signat a of Bi er' s Authorized Represen ati e
J 6L G lje- t - w. t _ vwc 12
Name & Title of Authorized Representative
Date of Signing
rn
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 32
STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
Supplier hereby agrees to comply in all respects to the Williams -Steiger Occupational Safety and Health Act of 1970 and all revisions thereto.
Name & Title of Authorized Representative
G1- Is-
Date of Signing
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Annual Contract for Fuel, Bid No. 22- 23- 03 Page 33
We Power Your Success
September 12, 2022
Purchasing Division
City of Bakersfield
1600 Truxtun Ave., 2" d Floor
Bakersfield, Ca 93301
AAA Oil, Inc.
California Fuels & Lubricants
11621 Westminster Ave
Garden Grove, CA 92843
Phone: 714- 530- 4795
Fax: 714- 530- 5026
Attn: Ms. Kim Berrigan
RE: Bid No. 22- 23- 03 Annual Contract for Fuel — Truck/ Trailer Load Quantities Dear Ms. Berrigan,
Please find enclosed 1 original and 1 copy of our bid submittal along with a Cashiers Check in the amount of $ 10. 000.
Please free to contact me with any questions or need for clarification. yogikindly
ennif r Crawley
aarket g Manager
7 6- 7813 Direct
jcrawleyQcafueling. com
consideration,
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Mailing Address: P.O. Box 8658, FountainValley, CA 92728 www. cafueling. com CAFUELS- 01 GJARAMILLn
ACORN"
CERTIFICATE OF LIABILITY INSURANCE
DATE( MMIDDIYYYY)
9/ 19/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is anADDITIONALINSURED, the policy(ies) must haveADDITIONALINSUREDprovisions or beendorsed.
If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Associates Insurance Services, Inc.
31248 Oak Crest Drive, Suite 140
Westlake Village, CA 91361
CONTACT Ginger Jaramillo
NAMChurchillPHONE , Ext : 805 220-1170
FAX
g05 220- 1168Arc, No):( )
ADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: GUIdeOne Insurance Company 15032
INSURED
AAA Oil, Inc.
California Fuels and Lubricants; FOPCO, Inc.
11621 Westminster Avenue
INSURER13: General Star Indemnity Company 37362
INSURERC : Insurance Company of the West 27847
INSURERD : Certain Underwriters at Lloyd' s
INSURER E : Garden Grove, CA 92843
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDLINSDSUBRWVD POLICY NUMBER
POLICY EFF
p
POLICY EXP
p LIMITS
A X COMMERCIALGENERALLIABILITY
CLAIMS -MADEI X I OCCUR X X 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 EACH OCCURRENCE 1, 000, 000
DAMAGE TO RENTED
PREMISES Ea occurrence
100, 000
IVIED EXP ( Any oneperson) 0
PERSONAL & ADV INJURY
1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:
X POLICY JEo LOC
GENERAL AGGREGATE 2, 000, 000
PRODUCTS- COMPIOP AGG 2, 000, 000
OTHER:
A AUTOMOBILELIABILITY CFO, e. id.n,
SINGLE LIMIT 1, 000, 000
BODILY INJURY Perperson) ANY AUTO X X 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 X BODILY INJURY Per accident
OWNED SCHEDULED
AUTOS ONLY AUTOS
X PROPERTY DAMAGE
Per accident
NON - OWNED
AUTOS ONLY AUTOS ONLY
HIRED
1XX
CA 9948 MCS 90
X
B X UMBRELLALIAR OCCUR EACH OCCURRENCE
5, 000, 000
M AGGREGATE 5, 000, 000EXCESS LIAR CLAIMS - MADE IXG671934A 5/ 1/ 2022 5/ 1/ 2023 DEDI I RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y/ N
OANYFFICER/MEMBEREXCLUDED?
ECUTIVE
Mandatory in NH)
N / A
WSA 5060563 02 5/ 1/ 2022 5/ 1/ 2023
X PER OTH-
s U E ER
E. L. EACH ACCIDENT 1, 000, 000
E. L. DISEASE - EA EMPLOYEE 1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000
D Excess Liability 22* UKPCB2200025- 90084* 05 5/ 1/ 2022 5/ 1/2023 Agg / Occurrence 4, 000, 000 A Motor Truck Cargo 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 Limit 50, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is re , fired) City Of Bakersfield, Its Mayor, Counsel, Officers, Agents, Employees, And Designated Volunteers Are Included As Additional Insureds With Respect To General Liability And Auto Liability
Waiver Of Subrogation Applies To General Liability And Auto Liability Primary And Non -Contributory Wording Applies To General Liability And Auto Liability 30 Day Notice Of Cancellation / 10 Day Notice For Non -Payment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE D BEFORE City Of Bakersfield
THE EXPIRATION DATE THEREOF, NOTICE WILL B iozED IN
d ACCORDANCE WITH THE POLICY PROVISIONS.
1501 Truxtun Ave
Bakersfield, CA 93301
to
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovidedby this endorsement, the provisionsof the CoverageForm apply unless modified by the endorsement.
A. The following is added to the Other Insurance B.
Condition in the Business Auto Coverage Form
and the Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form' s Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an " insured" under your policy provided that:
1. Such " insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an " insured" under
your policy provided that:
1. Such " insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 POLICYNUMBER: 62P100999-oi COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
Thisendorsementmodifiesinsuranceprovidedunderthe following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovided by this endorsement, the provisionsof the CoverageForm apply unless modified by this endorsement.
Thisendorsementidentifiesperson(s) or organization(s) whoare "insureds" for CoveredAutos LiabilityCoverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: AAA OIL, INC.
Endorsement Effective Date: 05/ 01/ 2022
SCHEDULE
Name Of Person( s) Or Organization( s):
Blanket as per written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A. I. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
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CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 62P100999- 01
COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovidedby this endorsement, the provisionsof the CoverageForm apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: AAA OIL, INC.
Endorsement Effective Date: 05/ 01/ 2022
SCHEDULE
Name( s) Of Person( s) Or Organization( s):
Blanket as per Written Contract or Agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a contract with that person or organization.
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ORIGINAL'
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
PKF9
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0RIGINAI-
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 6217100999-01 COMMERCIAL GENERAL LIABILITY CG20260413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name Of Additional Insured Person( s) Or Organization( s):
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In the performance of your ongoing operations; or
2. In connection with your premises owned by or rented to you.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. (§, AKFq
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. F m CG 20 26 04 13 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 POLICY NUMBER: 62P100999- 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the " products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
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CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8- 00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We havethe right to recover our paymentsfrom anyone liablefor an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be
otherwise due.
Person or Organization
ANY
PERSON/ ORGANIZATION
WHEN REQUIRED BY
WRITTEN CONTRACT
2 % of the total California Workers' Compensation premium Schedule
Job Description
ALL CALIFORNIA
OPERATIONS
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/ 1/ 2022 Policy No. WSA 5060563 02 Endorsement No.
Insured AAA OIL INC Premium $ INCL.
Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By
WC 99 06 34
Ed. B-00) ' o
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ORIGINAL
INSURED
AGREEMENT NO. 2022- 2070 )
AMENDMENT NO. [ 11TO
AGREEMENT NO. 2022- 207
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2022- 207 is made and entered into on SEP2 7 2023 , by and between the CITY OF BAKERSFIELD, a municipal corporation ( referred to herein as " CITY"), and AAA OIL, INC., DBA CALIFORNIA FUELS & LUBRICANTS a [ Corporation] authorized to do business in California ( referred to herein as " CONTRACTOR").
RECITALS
WHEREAS, On October 5, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022- 207 in the amount of $ 3,600, 000 for the supply of fuel and fuel load delivery services; and
WHEREAS, the parties desire to enter into Amendment No. one ( 1) to Agreement No. 2022-207 to extend the term of the agreement by one year and increase compensation by $ 2,600,000 to continue the supply of fuel and fuel load delivery services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2022- 207 entitled " COMPENSATION" is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND DOLLARS ($ 6, 200, 000) in accordance with the bid documents.
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out- of- pocket costs and taxes.
CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
2. Section 3 of Agreement No. 2022- 207 entitled " TERM" is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one ( 1) year term from beginning October 5, 2023. The agreement shall be renewable for three ( 3) OPKE,,
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ORIGINAL
consecutive one- year periods at the City' s option and upon mutually agreeable terms.
3. Except as amended herein, all provisions of Agreement No. 2022-207 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. one ( 1) to Agreement No. 2022-207 to be executed the day and year firstabove written.
CITY"
CITY OF BAKERSF ELD
By: A .
A
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
CONTRACTOR''
AAA OIL, INC., DBA CALIFORNIA
FUELS & LUBRI- CANTS
Print Ne:, y' 1` OS Title:
L I SGref4),
Lt -2_ 1 SHUA
H. RUDNICKputy
City AttorneyAPPROVED
AS TO CONTENT: PUBLIC
WORKS DEPA MENT By:
J, 1 GREGG
STRAKALUSEPublic
Works Director Page
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COUNTERSIGNED:
By: X/ ' 11
RKNLViftfftGAN
Finance Director
Insurance Approved by
Risk Management: