INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – October 2025
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ICF JONES & STOKES, INC. a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on January 11, 2012, CITY and CONTRACTOR entered into Agreement No. 12 -022, wherein CONTRACTOR agreed to perform the tasks outlined therein in preparation of the Bakersfield Habitat Conservation Plan (the “BHCP”); and
WHEREAS, while CITY and CONTRACTOR amended Agreement No. 12-022 various times, Agreement No. 12-022 ultimately expired, while the parties awaited approval of grant funds from the California Department of Fish and Wildlife (CDFW) for Section 6 Grant Program; and
WHEREAS, CITY and CONTRACTOR wish to continue work on the BHCP; and
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of preparing Habitat Conservation Plans.
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 attached scope of work presented in 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 basis in accordance with the hourly rates as shown on Exhibit “B”.
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – October 2025
CITY will pay CONTRACTOR within thirty ( 30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.
CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than FOUR HUNDRED NINETY -FIVE THOUSAND SEVENTY-THREE DOLLARS AND TWENTY-FIVE CENTS ($495,073.25) for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate two years from its execution.
4. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. 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 (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
6. 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.
7. 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.
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8. 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.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
10. 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.
11. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
13. EXECUTION. This Agreement is effective upon the date first written above and 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.
14. 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 referen ce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
15. 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.
16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – October 2025
arising in any way from this Agreement shall be brought in Kern County, California.
17. 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.
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. 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 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.
20. INSURANCE.
20.1 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").
20.1.1 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.
20.1.2 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage , and personal
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – October 2025
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
20.1.2.2 Provide products and completed operations
coverage;
20.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
20.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
20.2 General Provisions Applying to All Insurance Types.
20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – October 2025
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.
20.2.2 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.
20.2.3 The insurance required above, e xcept for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approv ed by CITY in writing.
20.2.4 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.
20.2.5 Full compensation for all premiums which 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.
20.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – October 2025
by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
20.2.7 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.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
22. KEY PERSONNEL . At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.
23. 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 (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. 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.
25. 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.
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. 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 Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – October 2025
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: ICF JONES & STOKES, INC.
980 9th Street, Suite 1200
Sacramento, CA 95814
28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
29. 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 Labor Code 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, provide d the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
30. 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.
31. 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.
32. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 94-1730361
CONTRACTOR is a corporation? Yes X No
(Please check one.)
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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – October 2025
33. 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.
34. 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.
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 ICF JONES & STOKES, INC.
By:________________________________ By:_________________________________ KAREN GOH Print Name:
Mayor Title: __
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES
By:_______________________________
PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
Deputy City Attorney II:____________________________ Finance Director: _____________________
VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
S:\Planning\Agrs\25-26\ICF Jones Stokes Inc (final).docx
Attachment(s): Exhibit A: Scope of Work
Exhibit B: Compensation
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Sr. Manager, Contracts
Pat Toben-Cropper
Holder Identifier : Certificate No : 570113849039
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06/27/2025
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Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 City of Bakersfield, its mayor, council, officers, agents and employees Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 1902 RESTON METRO PLAZA
The City of Bakersfield, its mayor, council, officers, agents, employees and volunteers (ICF Jones & Stokes, Inc.)
u
(26)7175-43-37
07-01-2025
07-01-2026
07-01-2025
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 980 9th Street, Suite 1200, Sacramento, CA 95814 USA +1.916.737.3000 icf.com June 18, 2025
Phi
l Burns
Development Services Director
City of Bakersfield
1715 Chester Avenue
Bakersfield, CA 93301
Subject: Bakersfield Habitat Conservation Plan Revision Scope of Work Updated Approach
Dear Mr. Burns:
ICF Jones & Stokes, Inc. (hereafter, ICF) is proposing to support the City of Bakersfield with revisions to the Bakersfield Habitat Conservation Plan (HCP) and other associated documents. In 2023, the City council requested substantial revisions to the HCP to reduce program costs. After you assumed your role in 2024 and conducted additional discussions with city council members, city staff, city attorneys, U.S.
Fish and Wildlife Service, California Department of Fish and Wildlife, and ICF, it became clear that an “urban” HCP could help achieve the goals and objectives of the stakeholders. Our proposed scope of work is attached and it is intended to support revisions to the HCP and state incidental take permit applications based on these discussions, as well as, include tasks necessary for revisions to the National Environmental Policy Act and California Environmental Quality Act documents that are needed to support permit approvals. ICF looks forward to working with you to advance this important program.
ICF’s contracts department will be in contact with you and your finance staff to discuss mutually acceptable contract terms and conditions. ICF’s proposal is valid for 90 days from its submittal, at which time ICF reserves the right to revise the contents or extend the validity date, if needed.
If you have any questions, please contact Brad Norton at [email protected] or (916) 548-0671.
Si
ncerely,
Pat
Toben-Cropper Brad Norton
Senior Contracts Manager Project Director
Atta
chment
Exhibit A
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124
980 9th Street, Suite 1200, Sacramento, CA 95814 USA +1.916.737.3000 icf.com Attachment – Background and Scope of Work
Background
The City of Bakersfield Planning Department tasked ICF with revising the Bakersfield Habitat Conservation Plan (HCP) to reduce costs while ensuring regulatory compliance and conservation outcomes. Preliminary evaluation and revisions to costs indicate the development fee could be reduced; the final cost per acres is still to be determined, but the City has requested that it be below $11,000 per acre. The City has also requested a tiered funding strategy whereby fees are paid in increments (e.g., partial fees at the time of permit issuance/construction and the remainder of fees upon sale).
Key Changes & Recommendations
To reduce overall HCP fee costs, the following key changes to the plan are proposed:
1. Streamlined Staffing & Administrative Costs:
Reduce staffing commitments, such as scaling back FTE allocations for planners and administrative roles, while maintaining essential services for implementation. a. Principal planner – 50% time allocation (down from 100%) b. Associate planner – 50% time allocation (down from 100%) c. Accountant clerk – 50% time allocation (down from 100%) d. GIS support – 50% time allocation (no change)
e. Real estate specialist – 25% time allocation (down from 50%) f. CDFW biologist – Eliminate entirely
2. Urban Kit Fox Program Enhancements:
Focus on urban conservation strategies, such as integrating artificial dens, corridors, and habitat features in the urban landscape, reducing reliance on extensive land acquisitions. a. Retain full-time on-call biologist – no change
b. Public education staff – 50% time allocation (down from 100%) c. Public education budget – no change
d. Retain research and disease treatment – no change
e. Retain den program – no change
f. Urban design guidelines – new measures to be developed with associated costs g. Urban kit fox management guidelines – new measures to be developed with costs h. Urban kit fox acquisition guidelines and goals – new measures to be developed with costs:
i. Urban-focused conservation measures such as artificial dens and habitat corridors will complement focused land acquisition efforts to fully mitigate impacts and support the persistence of SJKF populations.
3. Funding Revisions:
Refine the funding strategy to:
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
a. Implement a tiered funding structure where development fees are split into two payments: an initial fee at grading permit issuance and remainder of payment upon sale.
b. Address potential funding gaps through annual tracking and adjustments.
Scope of Work
Task 1. HCP Revisions
Task 1.1. Revised Administrative Draft HCP
ICF will revise the HCP to focus on urban kit fox retention and substantially reduce its implementation costs. Revisions will include:
• Updating the HCP to cover San Joaquin kit fox, western burrowing owl, and Bakersfield cactus (and exclude San Joaquin antelope squirrel)
• Updating the cost models to reflect adjusted administrative costs, kit fox program expenses, and conservation acquisition and management expenses. • Collaborating with Endangered Species Recovery Program (ESRP) regarding measures to support kit fox persistence in an urban setting
• Updating the conservation strategy to focus on urban kit fox persistence • Collaborating with Economic Planning Systems (EPS) and the City attorney and staff to explore a phased fee approach consistent with the Mitigation Fee Act. • Updating the economic cost model and fee calculations in partnership with EPS to account for these changes.
• Presenting revisions to the HCP in track changes for clarity and review. • Providing a revised administrative draft to the City for review and integrating City feedback before submitting the revised administrative draft to USFWS and CDFW for review.
Deliverables for Task 1.1
• Revised Administrative Draft HCP (electronic version only). • Updated conservation strategy.
• Updated economic model.
Task 1.2. Administrative Public Draft HCP and Public Draft HCP Following receipt of USFWS and CDFW comments on the administrative draft HCP, and any final comments from the City, ICF will prepare an administrative public draft HCP. ICF will coordinate with the City, USFWS and CDFW to resolve any outstanding issues and concerns to be able to convert the administrative draft HCP to a public draft HCP.
Deliverables for Task 1.2
• Administrative Public Draft HCP (electronic version). • Public Draft HCP (electronic version).
Task 1.3. Project Management and Meetings
ICF will:
• Prepare and provide monthly invoices and monthly progress reports to the City.
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
• Conduct up to four 1-hour conference calls with the City to discuss the conservation plan. • Conduct up to three 1-hour conference calls with USFWS and CDFW to discuss proposed revisions and edits
• Attend a city council meeting regarding the revised public draft HCP (prior to release of the document).
• Prepare agendas and PowerPoint presentations, as necessary, to facilitate discussions in these meetings.
Deliverables for Task 1
• Revised Administrative Draft HCP (electronic version only). • Revised Public Draft HCP (electronic version).
• Agendas and PowerPoint presentations, as necessary.
• Invoices and progress reports.
Task 2. Initial Study/Environmental Assessment (IS/EA)
Task 2.1. Prepare Notices
ICF had previously completed a Notice of Intent (NOI) and Notice of Preparation (NOP), but these will need to be updated to reflect an updated HCP. ICF will assist the Lead Agencies with revising and updating public notices to reflect the updated HCP. This includes preparing the following notices for publication in the Federal Register and State Clearinghouse at various stages of the IS/EA Process:
• Notice of Intent (NOI) and notice of public meetings/hearings, for publication in the Federal Register at the time of the circulation of the draft IS/EA. • Notice of Availability (NOA) and notice of public meetings/hearings, for publication with the State Clearinghouse at the time of the circulation of the draft IS/EA. • NOA and notice of public meetings/hearings, for publication in the Federal Register at the time of the circulation of the final IS/EA.
• Notice of Completion (NOC) and Environmental Document Transmittal Form for distribution to the State Clearinghouse, to be included with the draft IS/EA. • NOC and Environmental Document Transmittal Form for distribution to the State Clearinghouse, to be included with the final Mitigated Negative Declaration (MND)/EA. • Notice of Determination (NOD) at completion of the final MND/EA. • ICF will also assisting the City with preparation of website and newspaper notices, ensuring that all required information is addressed in the notices. This scope of work does not include fees associated with newspapers notices or California Department of Fish and Wildlife CEQA fee which will be paid by the City.
In addition, ICF will ensure:
• Public copies of notices (NOI, NOA, Office of Planning and Research Summary Form and other local notices) are reproducing and distributed.
• USFWS publishes the NOI and NOAs in the Federal Register, and separately submits them to the U.S. Environmental Protection Agency for notification, as required under NEPA. • The City will file the NOD with the Kern County Clerk’s office within 5 days of the City’s approval of the HCP MND/EA. ICF will prepare the draft NOD for the City’s review and use.
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
The City of Bakersfield will provide a distribution list which ICF will review and provide recommended updates and additions.
Deliverables for Task 2.1
• All draft and final public notices: one electronic version in Word and PDF format of each of the draft and final notices:
o NOI, NOC, NOA and OPR Summary Form for the draft and final IS/EA o NOA for the final MND/EA
o NOC for the draft IS/EA
o NOD for the final MND/EA, with updated distribution of the NOP, NOI, NOC, NOA, and OPR Summary Form to the State Clearinghouse.
Task 2.2. Scoping Meeting, Public Meeting, and Tribal Consultation ICF will coordinate with the City and USFWS staff to organize and actively participate in up to three meetings, including the following:
• Public scoping meeting following issuance of the NOI/NOA (assumes one meeting) • Public meetings on the draft IS/EA (assumes one meeting) • Public meetings on the final MND/EA (assumes one meeting) Additional meetings beyond the meetings included in this SOW and associated cost estimate may be requested and authorized by the City and USFWS if needed.
To support these efforts, ICF staff will:
• Attend, facilitate, present, and respond to questions regarding the IS/EA. • Work with the City and USFWS in advance of the meetings to determine the appropriate presentation format and materials, and we will collaboratively develop the presentation materials and handouts.
• Organize the meeting locations and times, in coordination with the lead agencies, and ensure other appropriate technical staff (e.g., Wildlife Agency staff, HCP Team consultants) are available to assist with questions about the HCP.
ICF will summarize the issues raised by the public during the scoping meetings in a detailed scoping report. The scoping report will include:
• A brief summary of all comments received on the NOI.
• Copies of letters, handwritten comments, and a summary of oral comments, advertisements published in newspapers, meeting notices, and materials provided during the public scoping meetings.
• ICF assumes that a court reporter will not be required for these meetings.
Additionally, ICF will assist with formal consultation with Native American tribes and the State Historic Preservation Office (SHPO) in support of the project’s Section 106 of the National Historic Preservation Act (NHPA), NEPA, and AB-52 obligations. The purpose of the consultation will be to:
• Define the project and its area of potential effects (APE).
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
• Present determinations of eligibility and findings of effects on historic properties and resources based on the management activities undertaken as part of HCP implementation. • Solicit feedback relating to cultural resources.
Consultation will be performed via written correspondence and telephone, and a log will be maintained to track responses from Native American tribes. The outcome of these consultation efforts will be integrated into the project’s environmental documentation.
Deliverables for Task 2.2
• Draft and final PowerPoint presentations and meeting handouts. • Two ICF staff attendance and ICF facilitation at one scoping meeting and one public meeting on the IS/EA.
• Scoping Report summarizing comments and meeting outcomes. • One electronic version in Word and PDF format of the scoping report.
Task 2.3. Revised Administrative Draft IS/EA
ICF will revise the previously prepared administrative draft IS/EA to reflect updates to the HCP consistent with the revised Public Draft HCP. The revised administrative draft will be provided to the City, USFWS, and CDFW.
Deliverables for Task 2.3
• One electronic version in Word of the revised administrative draft IS/EA.
Task 2.4. Public Draft IS/EA
Based on USFWS, City, and CDFW review and comments, ICF will prepare the public draft IS/EA.
Noticing and meetings will occur as described in Task 2.1. ICF will coordinate closely with the Lead Agencies to ensure distribution to the State Clearinghouse and publication in the Federal Register occurs on the same day.
Deliverable for Task 2.4
• One digital copy (in Word and PDF) of the public draft IS/EA to be delivered to the City, and USFWS.
Task 2.5. Final IS/EA
Following the close of the public review period for the Public Draft IS/EA, ICF will:
• Code all individual comments and coordinate with the City and USFWS to review comments received on the IS/EA, and discuss potential responses to these comments. • Prepare a table summarizing commentors on the Public Draft IS/EA. We will closely coordinate responses to comments with the HCP team in case any responses affect the HCP and necessitate changes in that document.
• Following compilation and summary of the comments, ICF will begin analyzing comments, drafting responses to comments, and drafting text changes in response to comments. The Final IS/EA will comprise:
o The complete Draft IS/EA, including technical appendices (as modified in response to comments received) with text changes shown in strike-out and underline; Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
o A table of commentors, copies of the comment letters, and responses to individual comments (including master responses, if appropriate); and o The mitigation monitoring and reporting plan (this scope of work assumes that the mitigation plan developed as part of the HCP will also serve as the MMRP, as amended by the mitigation in the IS/EA).
An electronic version of the Final IS/EA will be distributed by ICF to all commentors on the Public Draft IS/EA and all those who have shown interest in receiving the Final documents, including the affected agencies, for a 30-day final review. This 30-day final review period for the Final IS/EA will accomplish the CEQA requirement to provide written responses to public agency comments at least 10 days prior to certifying the IS/MND (Public Resources Code 21092.5(s)).
Deliverables for Task 2.5
• One digital copy (in Word and PDF) of the final MND/EA to be delivered to the City Task 2.6 Project Management and Meetings
ICF will manage ongoing coordination and updates for the IS/EA by:
• Preparing monthly status reports on the progress associated with the IS/EA. • Conducting approximately four 1- to 2-hour planning calls with the City, USFWS, and CDFW to discuss revisions to the IS/EA, responses outreach planning, and responses to comments.
• Preparing meeting agendas and document action items. Other facilitation related to the preparation of the IS/EA will also occur under this task.
Deliverables for Task 2.6
• Monthly status reports
• Meeting agendas and action items
Task 3. Other Permitting Support
Task 3.1. Support Approval of Local Ordinances
ICF will review and provide feedback on draft local ordinances to ensure they align with the requirements written into the final HCP. ICF will:
• Provide summary materials for City Council as needed throughout the local ordinance approval process.
• Attend approximately three meetings (e.g., working sessions, council committee meetings, and City Council meetings) to brief councilmembers on the HCP and to answer questions during the approval process.
Deliverables for Task 3.1
• Meeting agendas and PowerPoint presentations, as necessary Task 3.2. Revise USFWS and CDFW Permit Applications
ICF will prepare revised permit applications for the CESA 2081 permit and the federal Section 10 permit. Additionally, ICF will:
• Assist the City with submittal via CDFW and USFWS ePermitting process. The City will pay permit fees.
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
• Ensure all required documentation is complete and accurate.
Deliverables for Task 3.2
• Revised permit applications
Task 3.3. Complete Final HCP
Based on comments received during the public comment period, and based on input from the City, USFWS, and CDFW on those comments, ICF will finalize the HCP. Tasks include:
• Preparing a check draft for City, USFWS, and CDFW review before finalizing. • Incorporating feedback into final document.
Deliverables for Task 3.3
• Electronic copy (in Word and PDF) of the Final HCP.
• Production of 20 hard copies of the Final HCP.
Task 3.4. Stakeholder Outreach and Support
ICF began stakeholder outreach during earlier phases of the project by convening meetings with the development community, environmental community, and key planning partners (i.e. Kern County Schools, Bakersfield College, and CSU Bakersfield). Based on discussions with the City, ICF would conduct up to four additional stakeholder outreach meetings. These meetings will be scheduled as needed but could coincide with key deliverables.
Deliverables for Task 3.4
• Presentations and meeting materials for stakeholder meetings Task 3.5. Early Implementation
ICF will assist the City with early implementation tasks for the HCP, which may include:
• Developing a Desk Reference Manual and User’s Guide.
• Conducting two City staff training sessions
• Developing templates for Annual Reports and Monitoring Reports.
The level of detail and extent of deliverables will be based on remaining contract funds to support this task.
Deliverables for Task 3.5
• Draft implementation materials
Schedule
ICF will work with the City to advance an acceptable schedule. With a focused effort, the HCP and ITP could be completed in 2 years. A simplified project schedule is provided in Figure 1.
Figure 1. Simplified Bakersfield HCP and CEQA/NEPA Project Schedule 2025 2026 2027
Task/Subtask Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3
1. HCP Revisions
1.1. Admin Draft
1.2. Admin and Public HCP
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Attachment – Background and Scope of Work
1.3. Project Management
2.CEQA/NEPA
2.1. Notices
2.2. Scoping
2.3. Admin Draft
2.4. Public Draft
2.5. Final
2.6. Project Management
3. Other Permit Support
3.1. Local Ordinance
3.2. Revise Permit Apps
3.3. Final HCP
3.4. Stakeholder Outreach
3.5. Early Implementation
Cost
ICF’s proposed costs are shown in Table 1.
Docusign Envelope ID: 50D6D1B3-8DA6-42EF-AC58-74388E80A124 Table 1. Bakersfield HCP and Environmental Compliance
Norton Haney Vaghti Zippin Schiff Zeff Unverzagt Swanson Ritenour Pappas Santarsieri Claxton Giffen Editor TBD Pub Spec TBD Bradley Jared Mehrey David Daniel Sally Lance Megan Dale Stephen Isabella Jon Teresa Project Role PM Bio Veg PD GIS CEQA PD CEQA PM Planner Bio Cultural Bio Labor Classification Mng Consult Assoc Consult
II Consultant I Sr Proj Dir Asst Consult Proj Dir Sr Consult II Assoc Consult II Consultant I Consultant I Consultant I Mng Consult Consultant II Editor Pub Spec Sub Mark-up:
Task Subtotal Subtotal Subtotal 5% Labor Total Direct Costs Total Price Task 1. HCP Revisions $0 $0 $0 $0 $0.00 $0.00
Task 1.1. Revised Admin. Draft HCP 80.0 140.0 40.0 16.0 40.0 60.0 20.0 $69,300 20.00 10.00 $3,950 $20,000 $20,000 $40,000 $2,000 $115,250.00 $116,348.75 Task 1.2. Revised Public Draft HCP 50.0 60.0 40.0 10.0 20.0 60.0 20.0 $46,250 20.00 10.00 $3,950 $10,000 $10,000 $20,000 $1,000 $71,200.00 $71,953.00 Task 1.3. Management and Meetings 50.0 20.0 16.0 16.0 40.0 $28,010 $0 $0 $0 $28,010.00 $1,500.00 $29,930.15 Task 2. Initial Study/Environmental Assessment (IS/EA) $0 $0 $0 $0 $0.00 $0.00 Task 2.1. Prepare Notices 8.0 32.0 $8,280 8.00 $1,080 $0 $0 $9,360.00 $9,500.40 Task 2.2. Scoping Meeting, Public Meeting, and Tribal Consult. 8.0 48.0 24.0 60.0 $24,520 8.00 $1,080 $0 $0 $25,600.00 $25,984.00 Task 2.3. Revised Admin. Draft IS/EA 40.0 90.0 45.0 40.0 40.0 $47,650 40.00 20.00 $7,900 $0 $0 $55,550.00 $56,383.25 Task 2.4. Public Draft IS/EA 20.0 50.0 25.0 24.0 20.0 $25,790 20.00 10.00 $3,950 $0 $0 $29,740.00 $30,186.10 Task 2.5. Final IS/EA 20.0 80.0 20.0 40.0 20.0 $33,300 30.00 20.00 $6,550 $0 $0 $39,850.00 $40,447.75 Task 2.6. Management and Meetings 16.0 50.0 25.0 20.0 20.0 $24,050 10.00 8.00 $2,350 $0 $0 $26,400.00 $1,500.00 $28,296.00 Task 3. Other Permitting Support $0 $0 $0 $0 $0.00 $0.00 Task 3.1. Support Approval of Local Ordinance 16.0 20.0 $6,800 $0 $0 $0 $6,800.00 $1,200.00 $8,102.00 Task 3.2. Revise Permit Applications 16.0 40.0 10.0 40.0 $17,600 4.00 2.00 $790 $0 $0 $18,390.00 $18,665.85 Task 3.3. Complete Final HCP 16.0 40.0 10.0 20.0 $14,400 10.0 4.0 $1,850 $0 $0 $16,250.00 $1,200.00 $17,693.75 Task 3.4. Stakeholder Outreach and Support 16.0 8.0 20.0 $9,200 $0 $0 $0 $9,200.00 $400.00 $9,738.00 Task 3.5. Early Implementation Support 24.0 40.0 40.0 40.0 $24,600 10.0 8.0 $2,350 $0 $0 $26,950.00 $1,500.00 $28,854.25 Total hours 2,371.0 268.0 340.0 116.0 50.0 60.0 112.0 350.0 139.0 124.0 160.0 300.0 40.0 40.0 180.0 92.0 Billing Rates $225.00 $150.00 $160.00 $300.00 $125.00 $275.00 $190.00 $150.00 $160.00 $160.00 $160.00 $225.00 $170.00 $135.00 $125.00 Subtotal $60,300.00 $51,000.00 $18,560.00 $15,000.00 $7,500.00 $30,800.00 $66,500.00 $20,850.00 $19,840.00 $25,600.00 $48,000.00 $9,000.00 $6,800.00 $379,750.00 $24,300.00 $11,500.00 $35,800.00 $30,000.00 $30,000.00 $60,000.00 $3,000.00 $478,550.00 Total escalation, Period 2 of 3% 3/1/26 - 2/28/27 $904.50 $765.00 $278.40 $225.00 $112.50 $462.00 $997.50 $312.75 $297.60 $384.00 $720.00 $135.00 $102.00 $5,696.25 $364.50 $172.50 $537.00 $6,233.25 Subtotal (including escalation) $61,204.50 $51,765.00 $18,838.40 $15,225.00 $7,612.50 $31,262.00 $67,497.50 $21,162.75 $20,137.60 $25,984.00 $48,720.00 $9,135.00 $6,902.00 $385,446.25 $24,664.50 $11,672.50 $36,337.00 $30,000.00 $30,000.00 $60,000.00 $3,000.00 $484,783.25 Other Direct Costs
529.00 Other Reimbursable Expenses $2,500.00
Mark-up on Direct Expenses : 5% $490.00
Direct expense subtotal $10,290.00
Total price $495,073.25
Consulting Staff ICF Production Staff Subcontractors
Employee Name EPS ESRP
Date printed 6/18/2025 11:38 AM Approved by Finance { sh } Bakersfield_HCP_IS_and_EA_Cost_Rev2_061625(client) Exhibit B
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