Minutes — Bakersfield City Council, November 19, 2025 (part 2 of 5)

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 t o do so in writing by CITY. No work will be authorized before the date first written above.

32. TAX NUMBERS .

Docusign Envelope ID: 0DEF250A-094E-4F36-B185-5FA19E73A03D

KC FORENSCIS AGREEMENT Page 9
Updated – November 4, 2025

CONTRACTOR’s Federal Tax ID Number 84-2812701
CONTRACTOR is a corporation? Yes x No
(Please check one.)

33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will t imely notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CO NTRACTOR 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 pr epared 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 OF BAKERSFIELD KERN COUNTY FORENSIC SERVICES L LC.

By:____________________________ By:_______________ __________________

KAREN GOH
Mayor Print Name: ________________________

Title:___________________________

APPROVED AS TO CONTENT:

BAKERSFIELD POLICE DEPARTMENT

By:____________________________

GREG TERRY
Chief of Police

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________

ASHLEY ZAMBRANO
Deputy City Attorney II

Docusign Envelope ID: 0DEF250A-094E-4F36-B185-5FA19E73A03D Partner/Owner KCFS, LLC
Sarah Cooper, MSN, RN

KC FORENSCIS AGREEMENT Page 10
Updated – November 4, 2025

COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director

Attachments: Exhibit A

Docusign Envelope ID: 0DEF250A-094E-4F36-B185-5FA19E73A03D

DATE: 10/16/2025

UPDATED COMPENSATION/PAYMENT RATES EFFECTIVE JANUARY 1,2026

Compensation for all work, services or products called for under this Agreement is based on the following fees per examination:

(a) Sexual Assault Victim Examination $1,250.00
(b) Suspect Examination (concurrent with victim examination) $750.00 (c) Suspect Examination (subsequent to victim examination) $750.00 (d) No-show or Cancellation After Agency Request $250.00 (e) Follow-Up Victim Examination $400.00
(f) Travel Time for Mobile Examinations $250.00
(g) Postmortem Victim Examination $1,250.00
(h) Child Physical Abuse Examination $750.00
(i) Domestic Violence Abuse Exam (does not include sexual $750.00 assault exam)

Sarah Cooper, MSN, RN
Co-Owner, Partner Kern County Forensic Services, LLC

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: November 4, 2025
SUBJECT: Agreement with Panama -Buena Vista Union School District s (Compensation to the City not to exceed $250,000).

Agreement with the Panama-Buena-Vista School District to provide School Resource Officer Services in the amount of $250,000 and termination date of June 10, 2026. (Ward 4)

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 two 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 ensuring BCSD schools are safe learning environments with positive school culture.

On August 14, 2024, the BPD and Panama -Buena Vista Union School District (PBVUSD) entered into Agreement No. 2024-212 in the amount of $150,000 and termination date of June 10, 2025, to begin SRO services within their district.

Due to the success of the program the BPD and PBVUSD would like to continue the SRO program for the 25/26 school year. The district will pay at the following rate:

School year 25/26 a rate of $7,160 per officer per two weeks of service , not to exceed compensation amount of $250,000.

PBVUSD 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 for a total compensation not to exceed $250,000 for the 25/26 school year.

PBVUSD 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 PB VUSD 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 PBVUSD prior to services being rendered.

COUNCIL GOAL:

Safety and Resilience

ATTACHMENTS:

1. Agreement

2. Exhibit A – SRO Duties

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: November 19, 2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: November 4, 2025
SUBJECT: Agreement with Rosedale, Norris and Fruitvale School Districts (compensation to the City not to exceed $143,000)
to provide School Resource Officer Services with a termination date of July 31, 2026. (Ward 4)

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 two full -time school resource officers (SRO) dedicat ed 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 ensuring BCSD schools are safe learning environments with positive school culture.

On August 14, 2024, BPD entered into Agreement No. 2024 -213 with Rosedale Union School District (RUSD) to provide SRO program services.

Due to the success of the program both parties would like to continue the SRO program for the 25/26 school year. The district will pay at the following rate:

School year 25/26 a rate of $7,160 per officer per two weeks of service with a not to exceed compensation amount of $143,000.

RUSD 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. RUSD 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 RUSD 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 RUSD prior to services being rendered.

COUNCIL GOAL:

Safety and Resilience

ATTACHMENTS:

1. Agreement

2. Exhibit A – SRO Duties

EXHIBIT A

Performance Responsibilities/Essential Functions

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.

EXHIBIT A

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: November 7, 2025
SUBJECT: Agreement with Sierra Snow Surveys (not to exceed $861,300) to conduct snow survey measurements

[Document Description]

RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

The City of Bakersfield, as an active participant in Kern River operations, relies on mountain snowpack measurements to forecast spring and summer runoff and to support entitlement and water supply forecasts. These snow surveys are conducted in cooperation with the California Department of Water Resources (DWR) and the Kern River interests, including North Kern Water Storage District, Buena Vista Water Storage District, and Kern Delta Water District.

Sierra Snow Surveys has previously provided professional snow measurement services to City and has demonstrated the specialized expertise, equipment, and experience required to conduct snow surveys in the southern Sierra Nevada, including the Kern River and Sequoia–Kings Canyon (SEKI) basins.

The proposed five-year agreement covers the 2025-26 through 2029-30 snow survey seasons and includes both scheduled surveys (February –May) and conditional surveys (May –July), depending on hydrologic conditions. Compensation rates are defined within the Agreement, with a total contract cost not to exceed $679,275 for scheduled work and an additional $182,025 available for conditional survey work, if authorized.

The City anticipates receiving reimbursements from other Kern River interests for approximately 77.78% of total costs, resulting in a net City contribution of approximately 22.22% of the total contract amount.

FISCAL IMPACT:

Funds are budgeted within the River & Agricultural Fund Operating Budget, no impact to general fund.

COUNCIL GOAL:

Community Character & Quality of Life

ATTACHMENTS:

1. Agreement with Sierra Snow Surveys

2. Exhibit A – Scope of Work – Sierra Snow Surveys

3. Certificate of Insurance – Sierra Snow Surveys

Kern River Snow Surveys- East Side and SEKI
2025/2026 – 2029/2030
Intent: It is the intent of Sierra Snow Surveys to provide the personnel and equipment (1) to perform snow surveys at the following Snow Courses:

E
ast Side Courses
• R
amshaw Meadow- 259-RMM- 8,700’- Lat 36.352 Long -118.265 • Little Whitney Meadow- 260- LWM- 8,500’- Lat 36.378 Long -118.347 • Big Whitney Meadow- 257- BWH- 9,750’- Lat 36.440 Long -118.255 • Tunnel Guard snow sensor- TUN- 8,900’- Lat 36.367 Long -118.288 • Cottonwood Pass- 251- CWP- 11,050’- Lat 36.450 Long -118.217 • Siberian Pass- 252- SIB- 10,900’- Lat 36.473 Long -118.267 • Rock Creek- 256- RCR- 9,600’- Lat 36.497 Long -118.333 • Guyot Flat- 254- GYF- 10,650’- Lat 36.523 Long -118.348 • Crabtree Meadow- 253- CBT- 10,7000’- Lat 36.564 Long -118.348 • Sandy Meadows- 275- SDM- 10,650’- Lat 36.572 Long -118.367 • Bighorn Plateau- 250-BGH- 11,350’- Lat 36.615 Long -118.377 • Tyndall Creek-255- TND- 10,650’- Lat 36.632 Long -118.392 • Upper Tyndall snow sensor- UTY- 11,400’- Lat 36.650 Long -118.397 Th
e East Side Courses will be performed during the California Department of Water Resources Snow Survey Window for monthly measurements. These measurements will commence with the February1 Snow Survey through the April 1 Snow Survey. Should a hydrologic event occur, conditional circumstances may require Sn ow Surveys from May 1 to July 1.

T
ypically, three snow surveyors w ill be required to perform the job duties safely and efficiently. This also allows for , on the job, training for new Snow Surveyors due to the possibility of attrition. Based on the historical average, the courses take approximately twelve days to fifteen days to complete. This can vary due to hydrological circumstances and weather conditions.

S
EKI Courses
• Q
uinn Ranger Station- Elevation 8,350’ – Lat. 36°19’40.8/Long.-118°34’22.8 • Hockett Meadow- Elevation 8,647’- Lat. 36° 22.246’/Long. 118°39.124’ • Wet Meadow- Elevation 9,039’- Lat. 36° 20.978’/Long. 118° 34.300’

MONTH FEB MAR APR MAY JUN JUL
Type Scheduled Scheduled Scheduled Conditional Conditional Conditional Labor Days 45 45 45 45 45 45
Exhibit A

The SEKI C ourses will be performed during the California Department of Water Resources Window for monthly measurements. It is anticipated that these measurements will commence with the March 1 Snow Survey and continue through the May 1 Snow Survey. The historical survey team members, whom have exposure to the above noted courses, are based in Bishop, CA. Survey duration is composed of one- day travel to Atwell/Mineral King Area from Bishop, six to eight days obtaining the courses, and one-day travel back to Bishop, CA.

Typically, three snow surveyors would be required to perform the job duties safely and efficiently. Attrition of personnel requires , on the job, training for new Snow Surveyors requiring three person teams. Based on the historical average, the courses take approximately eight to ten days to complete. This can vary due to hydrological circumstances and weather conditions.

Field Employees: At least one team member will have completed the course previously to ensure continuity and experience during an active survey. Each employee will have taken both Avalanche and Wilderness First Aid training (or equivalent). Each employee will abide by all safety regulations and all policies. Sierra Snow Survey s Safety regulations and policies are attached at the end of this document. Each field surveyor will be responsible for their equipment and ensure it is in good working order. Each field surveyor will have gone over a pre- determined route and daily expectations. Weather, hydrologic conditions, avalanche conditions, route conditions, and physical conditions of each field employee will be discussed along with any other pertinent issues. The route and expectation will be relayed to the Safety Coordinator in written format along with conditions/pertinent issues noted prior . The Snow Surveyor will conduct the snow survey to the best that conditions allow. The Snow Surveyors will properly fill out the Snow Survey notes and double check the math. After the completion of the course, the data will be relayed to the Safety Coordinator via Satellite Phone/ In Reach Device.

Employees will respect any policies deemed by the USFS/NPS while residing in their cabins.

Safety Coordinator: The Safety Coordinator should be familiar with typical circumstances of snow surveys and preferably have experienced the route. Safety Coordinator will be in the loop in relation to the route and expectations of the survey team. This will be in written format prior to departure. The Safety Coordinator will always be available via phone during field activities. Please review Safety regulations and policies for procedures. Backup Safety Coordinator will be Sierra Snow Survey Management.

Sierra Snow Surveys: Sierra Snow Surveys will ensure employees will be covered by Workman’s Compensation Insurance. Sierra Snow Surveys will provide a Satellite Phone/In Reach Device, aux battery, and a camera to document survey anomalies or cabin damage.

MONTH MAR APR MAY JUN JUL
Type Scheduled Scheduled Scheduled Conditional Conditional Labor Days 30 30 30 30 30

Cost: Cost was broken down into labor days with shared cost of the Safety Coordinator (Kings/Kern/SEKI will report to the same Safety Coordinator on Call) built into the rate.

What is also built into the rate is the Avalanche Training, Medical Ex aminations, administration, equipment provided by Sierra Snow Surveys and labor associated with the extracurricular activities. This extra cost would be spread from the Feb- April Snow Surveys as they are scheduled for the Kern Surveys and Mar -May for the SEKI Surveys. Daily rates would fall for conditional months as the extra cost would already be funded by the third survey.

Should the City of Bakersfield desire to enter a multi-year contract for Kern/SEKI, the contract pricing would be as follows:

2025/2026 - $557.00 per Surveyor per Day – Feb-April/Kern – Mar-May/SEKI - $448.00 per Surveyor per Day – May-Jul/Kern – Jun-Jul/SEKI

2026/2027 - $580.00 per Surveyor per Day – Feb-April/Kern – Mar-May/SEKI - $466.00 per Surveyor per Day – May-Jul/Kern – Jun-Jul/SEKI

2027/2028 - $603.00 per Surveyor per Day – Feb-April/Kern – Mar-May/SEKI - $485.00 per Surveyor per Day – May-Jul/Kern – Jun-Jul/SEKI

2028/2029 - $627.00 per Surveyor per Day – Feb-April/Kern – Mar-May/SEKI - $504.00 per Surveyor per Day – May-Jul/Kern – Jun-Jul/SEKI

2029/2030 - $652.00 per Surveyor per Day – Feb-April/Kern – Mar-May/SEKI - $524.00 per Surveyor per Day – May-Jul/Kern – Jun-Jul/SEKI

Pricing for 5 year contract anticipating WORSE CASE and THREE Snow Surveyors per Survey:

2025/2026 - FEB – KERN SURVEY ONLY – 45 LABOR DAYS = $25,065 - MAR – KERN/SEKI SURVEY – 75 LABOR DAYS = $41,775
- APR – KERN/SEKI SURVEY – 75 LABOR DAYS = $41,775
- MAY – SEKI SURVEY ONLY – 30 LABOR DAYS = $16,710
TOTAL FOR 2025/2026 SEASON NO CONDITIONAL $125,325

CONDITIONAL SURVEYS:

MAY-JUL KERN SURVEY ONLY – 45 LABOR DAYS = $20,160 PER SURVEY JUN-JUL SEKI SURVEY ONLY – 30 LABOR DAYS = $13,440 PER SURVEY

2026/2027 - FEB – KERN SURVEY ONLY – 45 LABOR DAYS = $26,100 - MAR – KERN/SEKI SURVEY – 75 LABOR DAYS = $43,500
- APR – KERN/SEKI SURVEY – 75 LABOR DAYS = $43,500
- MAY – SEKI SURVEY ONLY – 30 LABOR DAYS = $17,400
TOTAL FOR 2026/2027 SEASON NO CONDITIONAL $130,500

CONDITIONAL SURVEYS:

MAY-JUL KERN SURVEY ONLY – 45 LABOR DAYS = $20,970 PER SURVEY JUN-JUL SEKI SURVEY ONLY – 30 LABOR DAYS = $13,980 PER SURVEY

2027/2028 - FEB – KERN SURVEY ONLY – 45 LABOR DAYS = $27,135 - MAR – KERN/SEKI SURVEY – 75 LABOR DAYS = $45,225
- APR – KERN/SEKI SURVEY – 75 LABOR DAYS = $45,225
- MAY – SEKI SURVEY ONLY – 30 LABOR DAYS = $18,090
TOTAL FOR 2027/2028 SEASON NO CONDITIONAL $135,675

CONDITIONAL SURVEYS:

MAY-JUL KERN SURVEY ONLY – 45 LABOR DAYS = $21,825 PER SURVEY JUN-JUL SEKI SURVEY ONLY – 30 LABOR DAYS = $14,550 PER SURVEY

2028/2029 - FEB – KERN SURVEY ONLY – 45 LABOR DAYS = $28,215 - MAR – KERN/SEKI SURVEY – 75 LABOR DAYS = $47,025
- APR – KERN/SEKI SURVEY – 75 LABOR DAYS = $47,025
- MAY – SEKI SURVEY ONLY – 30 LABOR DAYS = $18,810
TOTAL FOR 2028/2029 SEASON NO CONDITIONAL $141,075

CONDITIONAL SURVEYS:

MAY-JUL KERN SURVEY ONLY – 45 LABOR DAYS = $22,680 PER SURVEY JUN-JUL SEKI SURVEY ONLY – 30 LABOR DAYS = $15,120 PER SURVEY

2029/2030 - FEB – KERN SURVEY ONLY – 45 LABOR DAYS = $29,340 - MAR – KERN/SEKI SURVEY – 75 LABOR DAYS = $48,900
- APR – KERN/SEKI SURVEY – 75 LABOR DAYS = $48,900
- MAY – SEKI SURVEY ONLY – 30 LABOR DAYS = $19,560
TOTAL FOR 2029/2030 SEASON NO CONDITIONAL $146,700

CONDITIONAL SURVEYS:

MAY-JUL KERN SURVEY ONLY – 45 LABOR DAYS = $23,580 PER SURVEY JUN-JUL SEKI SURVEY ONLY – 30 LABOR DAYS = $15,720 PER SURVEY

(1)- Snow Survey tubes and associated equipment is provided by CA DWR.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/7/2025
Arthur J. Gallagher Risk Management Services LLC
501 W Main Street
Visalia CA 93291
Andrea Burgen
559-750-5492
559-750-5442
[email protected]
License#: 0D69293
Evanston Insurance Company
35378
SIERHYD-01
Houston Casualty Company
42374
Sierra Snow Surveys
42163 Bald Mountain Road
Auberry, CA 93602
State Compensation Insurance Fund of CA
35076
1161257863
A
X
1,000,000
X
100,000
X
500
5,000
1,000,000
2,000,000
Y
3AA841615
11/9/2024
11/9/2025
C
X
9313038
1/1/2025
1/1/2026
1,000,000
1,000,000
1,000,000
B
Professional Liability
HCC2440133
11/9/2024
11/9/2025
Per Claim
$1,000,000
Additional Insured: The City of Bakersfield, and its mayor, council, officers, agents, employees and designated attached company forms.

Additional Insured:

City of Bakersfield
Water Resources Department
1000 Buena Vista Road
Bakersfield, CA 93311
City of Bakersfield
Water Resources Department
1000 Buena Vista Road
Bakersfield CA 93311
USA

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MARKEL®
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CG 20 01 04 13 © Insurance Services Office, Inc., 2012 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.

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: October 28, 2025
SUBJECT: Agreement with TK Elevator Corporation f/k/a/Thyssenkrupp Elevator Corporation to Provide On-Call Services for inspection, repair and maintenance (Ward 2)

RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

Currently, Public Works staff do not have the license, training or qualifications to inspect, repair and maintain elevators to the requirements of the State of California. In June of 2025, the Public Works Department conducted a Request for Qualifications/Proposal (RFQP) to provide on c all services for elevator inspection, repair and maintenance. The RFQP was advertised through the City’s website, PlanetBids and The Bakersfield Californian. In addition, Public Works staff contacted local contractors to participate in the RFQP.

The Public Works Department received Statement of Qualifications (SOQ) from TK Elevator Corporation f/k/a Thyssenkrupp Elevator Corporation (TK Elevator) and Schindler Elevator Corporation . However, Schindler Elevator Corporation’s SOQ was rejected because the package was incomplete.

The Public Works Department’s evaluation committee ranked the proposer’s Qualification Based Score (QBS) and reviewed their fee schedule for conformance with ranges determined to be acceptable in our independent cost estimate. The committee determined that all submittals met the minimum requirements. Public Works staff recommend approving a contract with TK Elevator not to exceed $450,000.

The contract with TK Elevator will be effective for one year from the effective date of the Agreement, with the option to extend for up to three (3) consecutive one -year periods. It should be noted that the agreement differs from the City’s standard terms, based on TK Elevator’s demands, by including a mutual hold harmless clause and specifying that neither Party is liable for indirect, special, liquidated, incidental, exemplary or consequential damages.

FISCAL IMPACT:

Funding for this agreement will be from varying sources , and has been including in the Fiscal Year 2025- 26 Budget within the departments various funding sources.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT

Developer is requesting to enter into an agreement so the final map for Tract 7408 Phase 2 located northeast corner of South Allen Road and Pensinger Road can be approved and recorded (Ward 2).

RECOMMENDATION:

Staff recommends approval of the Final Map and Improvement Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7408 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not li mited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Encanto Gardens IV, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvemen ts upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s respons ibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bo nded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Final Map

2. Improvement Agreement

3. Vicinity Map

4. Covenants

YEADONWAY SCARPA ST
PUGIN
PL

MACLURE DR

HAWKSMOOR ST
ITOWAY

GIOCONDO AVE KOENIG

WAYHELMUT LNNEUTRA DREIF
FELPL
WIN
DERME
RE S
T

PENSINGER RD

BOLTHOUSEDR

WINDERMERE ST

S ALLEN RD
GC
GC
GC
GC
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR

WM-SU WM-SU WM-SU WM-SUWM-HMRWM-LMR
R-IA
R-IA
R-IA
R-IA
R-IA
R-IA
GC GC
GC
GC
GC
GC
WM-SU
LR
LR
LRLR
LR
LR
LR
11/27/2023
0 310 620
Feet
_
VTTM 7408
LEGEND
(GENERAL PLAN

LAND USE)
RR Rural Residential

2.5 gross acres/dwelling unit
ER Estate Residential
1 dwelling unit/net acre
SR Suburban Residential
≤4 dwelling units/net acre
SR/LR
County: ≤ 4 dwelling units/net acre
City: ≤ 7.26 dwelling units/net acre
LR Low Density Residential
≤ 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 but ≤ 10 dwelling units/net acre
HMR High Medium Density Residential
>7.26 units but
≤17.42 dwelling units/net acre
HR High Density Residential
>17.42 units but
≤72.6 dwelling units/net acre
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
LI Light Industrial
SI Service Industrial
HI Heavy Industrial
P Public Facilities
PS Public/Private Schools
PT Public Transportation Corridors
P-SW Solid Waste Facilities
OS Open Space
OS-P Parks and Recreation
OS-S Slopes exceeding 30%
R-IA Resource -
Intensive Agriculture
20 acre minimum parcel size
R-EA Resource -
Extensive Agriculture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource -
Minerals & Petroleum
5 acre minimum parcel size
UER Urban Estate Residential
Western Rosedale Plan

0.5 acre net minimum parcel size
WM West Ming Specific Plan
AE
AuE
Tract 7408
Vicinity Map

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary, Meyer, Public Works Director
DATE: November 3, 2025
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Summit Capital Ventures, Inc for Tract 7468 Phase 1

Developer is requesting to enter into an agreement so the final map for Tract 7468 Phase 1 is located on the Southwest corner of South Wegis Ave and Stockdale Ranch Drive can be approved and recorded (Ward 5).

RECOMMENDATION:

Staff recommend approval of the Final Map, Improvement Agreement and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7042 Phase 1 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property bei ng subdivided. If these improvements are not completed when the developer, Summit Capital Ventures, Inc., wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will no t be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accomp anies approval of the final map, is also included and recommended for approval.

The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in t he agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are bei ng bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

The proposed map and agreement support City Council Goal # 3 Reliable infrastructure.

ATTACHMENTS:

Final Map
Improvement Agreement
Landscape Improvement Agreement
Vicinity Map
Covenants

R-1
R-2
R-2
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
C-1
C-O/P .C.D.

C-O/P .C.D.

MUSCATINE LN

M A I R S D R

CARNABY ST

STOCKDALE RANCH DR

S WEGIS AVE

CROSS V ALLEY CANAL
C

R O S S V A L L E Y C A N A L
4/9/2024
0 190 380
Feet
_
VTTM 7468
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
LEGEND
(ZONE DISTRICTS)

CITY OF BAKERSFIELD
VTTM 7468
CITY
COUNTY
CITY
COUNTY
TRACT 7468-1

VICINITY MAP

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: October 30, 2025
SUBJECT: Transportation Impact Fee credit agreement with BN Bakersfield 1, LP (not to exceed $133,870.92) for the construction of Olive Drive to full ½ width on the westbound lane from the Tract 7093 Phase 2/3 boundary to the eastern tract boundary. (Ward 4)

RECOMMENDATION:

Staff recommends approving the agreement.

BACKGROUND:

The Metropolitan Bakersfield Transportation Impact Fee program assures that new development bears a proportionate share o f the cost of capital expenditures necessary to provide a regional transportation system consistent with the Circulation Element of the Metropolitan Bakersfield General Plan. Funds collected from transportation impact fees are used for the purpose of capit al improvements to the transportation facilities contained within the Regional Transportation Facilities (RTI F) List. The Phase III RTIF list was adopted December 17, 2008 (Resolution 218-08). Such improvements shall be of the type as are made necessary b y new development, including, but not limited to widening of roadways or installation of a traffic signal. No funds generated by the program are used for periodic or routine maintenance.

When a developer is required to construct an improvement that is on the Regional Transportation Facilities List, the developer is eligible to receive a credit against the traffic impact fees for that project.

The developer must submit a credit request, project description, and a complete cost estimate consistent with the unit costs established by the facilities list.

As a requirement of development of Tract Map 7093, BN Bakersfield 1, LP has constructed Olive Drive to full ½ width on the westbound lane from the Tract 7093 Phase 2/3 boundary to the eastern tract boundary. The City has listed these improvements on the Phase IV Regional Facilities List as required facilities for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan (RTIF Project #B214). The City has budge ted $139,927.90 for the construction of these improvements. BN Bakersfield 1, LP wishes to receive a transportation impact fee credit (not to exceed $ 133,870.92) for the construction of the above -listed improvement. The credit will be applied to Tract 7093 Phases 1, 2, and 4 as listed on Exhibit C.

FISCAL IMPACT:

The credit is given to cover future transportation impact fees in exchange for work completed by the developer that is on the Regional Transportation List. There is no impact to the City’s General Fund.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: November 5, 2025
SUBJECT: Construction Management Agreement with NV5 (Not to Exceed $636,644.52) to provide construction management services for the Wastewater Treatment Plant No. 3 Digester Gas Booster Blower Replacement Project.

RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

The Wastewater Treatment Plant No. 3 Digester Gas Booster Blower Replacement Project consists of replacing the existing blower system with three new blower skids equipped with cooling chillers systems, a power control panel, and a shade structure. The work also includes replacing various digester gas components such as relief valves, flame arresto rs, and backpressure regulators. WM Lyles Co. was awarded the project on June 12, 2024, with construction scheduled for completion by October 15, 2026.

Since award, the Public Works Construction Division, with support from an outside inspection firm, has provided construction management and inspection services, and substantial progress has been made.

Due to the upcoming retirement of the current inspector and the continued need for dedicated oversight, City will retain a consultant from the On -Call Library of Professional Firms to provide construction management and inspection services through project completion.

On October 30, 2025, NV5 submitted a proposal to provide construction management and inspection services for the project. City staff recommend ap proval of the agreement with NV5 , based on their qualifications being aligned with the scope of work and their proposal being favorable for the City. The proposed agreement is for the full duration of the project construction phase with total compensation not to exceed $636,644.52.

FISCAL IMPACT:

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

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Agreement

2. Exhibit A

3. Exhibit B

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 1

SCOPE OF CONSULTANT SERVICES

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER

REPLACEMENT PROJECT
PROJECT NO.: E3K305
City of Bakersfield – Wastewater Division

DESCRIPTION OF PROJECT

Provide construction management services including construction observation and contract administration for the Reconstruction of WWTP No. 3 Digester Gas Booster Blower Replacement Project (Plans and Specifications dated 05/09/2024).

NV5 shall furnish a licensed Civil Engineer as Resident Engineer during the contract period.

NV5 will also provide construction inspection services and support staff, as needed, during the course of the construction.

Based on a review of the provided project documents, it appears the project control monuments are provided by The City of Bakersfield – Wastewater Division. The construction Contractor will be required to perform the construction staking for the project.

The NV5 Resident Engineer will oversee the construction observations and major contract items such as construction change orders and claims.

The Resident Engineer shall be responsible for coordination with The City of Bakersfield – Wastewater Division and shall act as the key point of contact with the City. The Resident Engineer shall also be responsible for coordination of the Construction Management staff and will oversee the daily interaction with the Contractor, City of Bakersfield – Wastewater Division staff, and other public agencies.

NV5 shall complete the following contract administrative services.

Task 1: Pre-Construction Services

Task 1.1: Kick-Off Meeting
The NV5 Team will attend a meeting with The City of Bakersfield – Wastewater Division, the Designer, and any other affected agencies or stakeholders to discuss the design and construction schedule, and to coordinate responsibilities of the project management team. Other topics of the meeting will include contract administration procedures, submittal management, review times,

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 2

procedures for change order concurrence, and general lines of communication between the parties.

Task 1.2: Pre-Construction Meeting
The NV5 Team will hold a pre-construction conference with the construction contractor, The City of Bakersfield – Wastewater Division, the Designer, and other stakeholders after contract approval and before start of work to review the project and discuss coordination efforts. This meeting will be used to establish managerial and administrative procedures with the contractor to ensure efficient startup and execution of the project. We will prepare and distribute an agenda and will keep and circulate meeting minutes.

Task 1.3: Pre-Construction Photographs
Before construction begins, the existing site conditions will be photographed and recorded by the NV5 Team. This record of existing conditions is essential to enforce the contractor’s responsibility to protect private property, The City of Bakersfield – Wastewater Division facilities, and third-party property/utilities. This inspection is also a key to proactively identifying any discrepancies between the site conditions and the project plans. NV5 will organize these preconstruction photograph records and store them digitally in the project files.

Task 2: Construction Management Services During Construction

Task 2.1: Project Coordination and Correspondence
Task 2.1.1: Interaction with The City of Bakersfield – Wastewater Division Staff The NV5 Team will assist as a liaison between stakeholders to provide effective and timely communications and resolutions. We will be the main point of contact to coordinate the work of the contractor with the responsibilities of the construction management team. To assist the project team in serving this role, our key personnel will utilize onsite personal computers networked via the internet to The City of Bakersfield – Wastewater Division project manager, the Designer, construction management field offices, and appropriate agencies via the internet.

Task 2.1.2: Progress Meetings
The NV5 Team will hold weekly progress meetings with the contractor, their appropriate subcontractors, and The City of Bakersfield – Wastewater Division to review construction progress. Monthly meetings, to specifically discuss scheduling, will also be held to identify work completed and activities for the coming month. We will keep and distribute minutes of the meetings that assign action items and responsibilities and document project trends.

Task 2.2: Project Administration and Documentation
Task 2.2.1: Document Control
When performing construction management activities, an area of importance that cannot be overemphasized is Document Control. Effective control of a construction project cannot be maintained without paperwork to inform, change, expedite, and provide a permanent record. The NV5 Team will oversee all document control and assist The City of Bakersfield – Wastewater

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 3

Division in maintaining all project files. All contract files will be in accordance with Caltrans LAPM and Construction Manual requirements. Contract files will be kept current at all times.

Task 2.2.2: Schedule Review
The NV5 Team will assist The City of Bakersfield – Wastewater Division in reviewing the contractor schedule for accuracy.

Task 2.2.3: Statement of Working Days
The NV5 Team will prepare a record of weather conditions, controlling item(s), and the status of working days remaining on a weekly basis. A copy will be sent to the contractor to allow them an opportunity to dispute the statement.

Task 2.2.4: Submittal Management
The NV5 Team will help The City of Bakersfield – Wastewater Division manage the contractor’s submittals during construction. The status of submittals will be accounted for in the submittal log. We will review submittals as requested by The City of Bakersfield – Wastewater Division and/or forward them to the Designer. If necessary, the NV5 Team will conduct meetings with the contractor and reviewing parties to discuss and resolve issues. A list of previously authorized submittals was sent by the City of Bakersfield. The time of the already reviewed submittals was not included in the proposal as these items have already been authorized. A short list of expected submittals includes:

▪ Construction schedule
▪ Labor Compliance
▪ SWPPP
▪ Safety program
▪ Shop drawings
▪ Concrete mix designs
▪ Reinforcing Steel shop fabrication & placement drawings ▪ Sheet piling
▪ Miscellaneous material submittals
▪ Stainless Steel Pipes and Fittings
▪ Welding WCI Submittal with Qualifications
▪ Shop Drawings and Installation Plan for Shade Structures ▪ Digester Gas Submittals + Accompanying Submittals
▪ Chiller Submittal
▪ Seismic Restraint Equipment
▪ Miscellaneous Electrical Submittals

Task 2.2.5: Request for Information Management
The NV5 Team provide guidance on requested design clarifications during construction. The status of Requests for Information (RFIs) will be accounted for in the RFI log. All clarifications are to be presented in writing by the contractor. We will help The City of Bakersfield – Wastewater Division respond when appropriate. RFIs which might impact the design intent will

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 4

be submitted to the Designer. If necessary, NV5 will attend meetings with the contractor and other parties to discuss and resolve requests for information.

Task 2.2.6: Change Order Management & Cost Control
Evaluation and negotiation of Contract Change Orders (CCOs) are among the most important functions of the construction management team. A quick and accurate evaluation can help keep the project on schedule and avoid contractor claims. Prior to requesting The City of Bakersfield – Wastewater Division approval, all CCOs will be evaluated by the NV5 Team. The review will include:

▪ Keeping The City of Bakersfield – Wastewater Division’s project manager informed on status of all CCOs.
▪ Maintaining a log of proposed CCOs, indicating action dates and status. ▪ Determining if the condition is a changed condition and documenting rationale. ▪ Coordinating with The City of Bakersfield – Wastewater Division and the Designer regarding impacts on the design.
▪ Evaluating contractor’s CCO cost estimates and schedule impacts, negotiating as required.
▪ Accurately documenting labor, equipment and materials used on force account work. ▪ Preparing CCO documentation for The City of Bakersfield – Wastewater Division and contractor signatures.
▪ Processing and incorporating the CCO into the progress payment breakdown.

Task 2.2.7: Monthly Payment Review
The NV5 Team will review applications for payment with The City of Bakersfield – Wastewater Division and the contractor and assist in negotiating any differences between the amount requested and the engineer’s estimate for work completed. The estimate will include a systematic determination of the quantities of work completed and their values. Information from the construction management team’s field data will include measurements of bid items on the project cost breakdowns. This data will be used to assist with determining the monthly progress payments. Payments will be processed through The City of Bakersfield – Wastewater Division’s project manager.

Task 2.2.8: Claims Management
The NV5 Team will take the lead in the resolution of any contract claims for the project during the construction contract period. We will keep current logs of Potential Claim Records and will prepare documents and supporting evidence regarding claims. Information on each individual Potential Claim Records will be kept separately in the project files. Documentation and recommendations will also be assembled into a report and submitted to The City of Bakersfield – Wastewater Division for review and use. The NV5 Team will be available to provide additional claims resolution support if further action is required and requested by the city. Claims resolution work, if any, is typically managed in the post construction services and will be performed as an extra work item because the amount of work cannot be determined ahead of time.

Task 2.2.9: Labor Compliance

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 5

The NV5 Team shall assist The City of Bakersfield – Wastewater Division with labor compliance by receiving and logging certified payrolls and any other labor documentation that is submitted by the contractor and subcontractors on a weekly basis. Copies of the contractor’s certified payrolls along with copies of our daily diaries showing names of contractor’s or subcontractor’s personnel on the site along with the number of hours worked each day will be provided to The City of Bakersfield – Wastewater Division. Additionally, periodic information provided by the contractor or subcontractors, such as a fringe benefits statement, will also be copied and provided. Weekly listings of companies and individuals furnishing job-site labor on the project will be completed by NV5 and transmitted to the contractor, notifying them of the certified payroll submittal requirements.

Task 2.3: Construction Observation and Inspection Services Several forms of documentation and correspondence will be used during this project. The NV5 Team will use records, such as videotaping and still photographs (in electronic format), to document existing conditions, major features, and construction progress. We will keep and submit daily diaries. The resident engineer will review these diaries and summarize the information in a monthly status report to the City of Bakersfield – Wastewater Division as needed.

Task 2.3.1: Field Inspection and Daily Reporting
The construction management team serves as the front line of quality assurance of the contractor’s work and as the eyes and ears to identify potential problems such as utility conflicts, schedule issues, and design ambiguities, before they occur. Primary inspection services will be provided by NV5 and will include the following:

▪ Provide day-to-day written inspection reports on all activities performed by the contractor.
▪ Determine if work complies with contract documents, The City of Bakersfield – Wastewater Division standards, and project permits and approve/reject work accordingly. ▪ Document work performed, manpower, and extra work through daily diaries. ▪ Verify contractor is implementing safety plan and safe practices in accordance with OSHA regulations.
▪ Coordinate Quality Assurance material testing with The City of Bakersfield – Wastewater Division’s laboratories and coordinate corrective measures as required for failing materials.
▪ Identify any potential flaws in the constructed product and provide feedback on proposed remedial action from the contractor.
▪ Perform quantity calculations based on completed work for Progress Payments. ▪ Take progress photos of the work and field conditions; and ▪ Prepare a punch list and update as-built records as the work progresses.

Task 2.3.2: Storm Water Pollution Prevention Plan (SWPPP) Monitoring While SWPPP compliance is the contractor’s responsibility, the NV5 Team will provide oversight SWPPP monitoring services. Oversight SWPPP monitoring services include:

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 6

▪ Reviewing contractor’s SWPPP.
▪ Verifying the contractor has taken responsibility for SWPPP in the SMARTS system. ▪ Verifying appropriate and effective BMPs are in place. ▪ Documenting ineffective BMPs and recommending changes. ▪ Verifying inspections, documentation and sampling is in accordance with the GCP. ▪ Verifying compliance with approved SWPPP, recommending changes and verifying that amendment is created and logged in the SMARTS system.
▪ Verifying illicit discharges, if any, are reported.
▪ Verifying annual report has been filed on the SMARTS system.

Task 2.4: Project Control and Monument Staking
NV5 may utilize the contractor’s stakes, or other City of Bakersfield – Wastewater Division control points for field verification of work.

Task 3: Post-Construction and Project Closeout Services

Task 3.1: Final Inspection & Issue Notice of Completion Items to be corrected or furnished by the construction contractor before project acceptance will be put in the form of a punch list as the work nears completion. With input from The City of Bakersfield – Wastewater Division, the Designer, and other affected agencies, NV5 will prepare the punch list. Upon satisfactory completion of all elements of construction and deliverables, The City of Bakersfield – Wastewater Division will submit a Notice of Final Completion to the contractor, thus relieving them from further maintenance.

Task 3.2: Prepare and Recommend Final Payment Request
After acceptance, the NV5 Team will prepare a Proposed Final Estimate (PFE) to allow the contractor to make exceptions to the final amount of compensation. Prior to submitting the PFE, we will meet with the contractor to attempt to agree on final payment for all contract items and change orders. If the contractor still objects to the PFE, we will assist The City of Bakersfield – Wastewater Division in negotiating final settlement with the contractor and process the final estimate.

Task 3.3: Review and Submit As-Builts
At the Project’s completion, the NV5 Team will receive the contractors’ prepared as-built drawings and perform a final review for completion against our record drawings. Final as-built drawings will be submitted to The City of Bakersfield – Wastewater Division and the Designer for final processing.

Task 3.4: Deliver Project Files
Project files will be maintained in hard copy and electronic formats. The hard copy files will be packaged in accordance with the Caltrans Construction Manual procedures and delivered to The City of Bakersfield – Wastewater Division. A digital copy of the project files will also be provided on a CD or USB flash drive.

COMPLETION SCHEDULE

WASTEWATER TREATMENT PLANT NO 3 DIGESTER GAS BOOSTER BLOWER REPLACEMENT PROJECT CM – Scope of Consultant Services 7

NV5 shall be bound by the requirements of the Agreement from the start of construction services commencing in December 2025 until the conclusion of post-construction services. It is understood that this agreement is based on the assumptions that the construction contract will have no more than 530 working days. Based on the revised contractors schedule provided by the City of Bakersfield on October 24, 2025, there are 498 working days remaining after December 1, 2025. This schedule also shows 142 working days will require field inspection services.

In the event that The City of Bakersfield – Wastewater Division’s Project Manager requires additional Construction Management services above the value established in the attached fee estimate; or the Construction Contract duration exceeds the working days listed above, NV5 will remain onsite and provide continuous Construction Management services. However, these services shall be considered as additional services, are above and beyond the scope and fee estimate of this contract and shall be paid on a cost-plus fixed fee basis as set forth by the appropriate hourly wages, mark-up, and profit shown in the attached fee estimate. In addition, should The City of Bakersfield – Wastewater Division request additional services not included in the contract, NV5 can provide those services. They shall also be considered as additional services, to be paid on a cost-plus fixed fee basis.

FEE SCHEDULE

Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in this Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be on a time and materials basis for the necessary personnel and reimbursables at the rates included herein.

Name Kevin Reisz, PE Gabriel Macias, PE Bobby Pentorali, PE Landon Wright Marty Sanchez TOTAL COST Classification
Project Manager Resident Engineer Structures Inspector (6) Office Engineer / Labor Complaince Officer
Hourly Billing Rate (1) $338.21 $231.46 $276.35 $229.19 $123.35

1.1 Kick-off Meeting 2 4

1.2 Pre-Construction Meeting 6 2

1.3 Pre-construction Photos 2 8
Man Hour Total 2 12 0 8 2
Total Fees $676.42 $2,777.52 $0.00 $1,833.52 $246.70 $5,534.16 Task 2.1 Project Coordination and Correspondence

2.1.1 Interaction with City Staff 8 80

2.1.2 Progress Meetings 84 30 30
Task 2.2 Project Administration and Documentation

2.2.1 Document Control 168 100

2.2.2 Schedule Update Review 84

2.2.3 Statement of Working Days 60

2.2.4 Submittal Management 484 8

2.2.5 Request for Information Management 84

2.2.6 Change Order Management & Cost Control 84

2.2.7 Monthly Payment Review & Cost Control 84

2.2.8 Claims Management 4 60

2.2.9 Labor Compliance 8 112
Task 2.3 Construction Observation Services / Inspection Services

2.3.1 Field Inspection and Daily Reporting 84 4 1026

2.3.2 Storm Water Pollution Prevention Plan(SWPPP) Monitoring 16 80 Task 2.4 Project Control Monument Staking

2.4.1 Project Control Monument Staking (Not Included)
Man Hour Total 12 1380 12 1136 242
Total Fees $4,058.52 $319,414.80 $3,316.20 $260,359.84 $29,850.70 $617,000.06

3.1 Final Inspection & Notice of Completion 8 16

3.2 Prepare & Recommend Final Payment Request 8 4

3.3 Review & Submit As-Builts 16 8

3.4 Deliver Project Files 2 2
Man Hour Total 0 34 0 24 6
Total Fees $0.00 $7,869.64 $0.00 $5,500.56 $740.10 $14,110.30 Man Hour Total Tasks 1 - 3 14 1426 12 1168 250
Total Fees Tasks 1 - 3 $4,734.94 $330,061.96 $3,316.20 $267,693.92 $30,837.50 $636,644.52 Notes and Assumptions: Other Direct Costs

1. NV5 employees hourly rates include project-related overhead, profit, safety equipment, vehicles, laptops, and cell phones.

2. Cost proposal is based on an average of 8-hour shifts according to the Caltrans 5-Day Working Calendar. Overtime hours will be paid in accordance with applicable labor law and prevailing wage rates. Office Expenses $0.00

3. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed.

5. Time extensions to the project may result in additional Construction Managemnent services & fees. Total Proposal Costs $636,644.52

6. This estimate is based on the specific scope of work described for the Digester Gas Booster Blower Replacement Project E3K305

7. Classifications requiring prevailing wage are subject to the provisions set forth in the latest DIR determination.

8. This cost estimate includes services for dispute resolution through project acceptance. Services for claims after acceptance will be provided at additional costs.

TASK 3: POST CONSTRUCTION & PROJECT CLOSEOUT SERVICES
Fee Proposal for CM and Inspection Services - Wastewater Treatment Plant No. 3 - PROJECT NO. E3K305 Prepared for The City of Bakersfield
TASK I: PRECONSTRUCTION SERVICES
TASK 2: CONSTRUCTION MANAGEMENT SERVICES DURING CONSTRUCTION

4. This cost estimate is based on the project being completed within 530 (498 working days of CM support from NV5 assuming a December 1, 2025 start day) working days of the NTP issued to the Contractor.

Estimated hours in this proposal are based on the contractors schedule reveiwed by NV5, which shows 142 working days in the field. Estimate is also based on a list of submittals received from the City. Total count of submittals at 97 with 12 reviewed to date.

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Philip Burns, Development Services Director
DATE: November 14, 2025
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment and concurrent Zone Change No 24-0377
(Tortuga Bay Waterpark) (Ward 4)

1. Agreement with Tortuga Bay Waterpark, LLC. ($223,637.00) for the preparation of an EIR.

2. Agreement with Kimley-Horn, Inc. ($183,637.00) to assist the City in preparing the EIR.

3. Appropriate $223,637.00 (Tortuga Bay Waterpark, LLC) to the Development Services Operating budget in the General Fund.

RECOMMENDATION:

Staff recommends approval of the agreements and the appropriation of funds.

BACKGROUND:

Tortuga Bay Waterpark, LLC., is requesting a General Plan Amendment (GPA) and Zone Change to develop a waterpark, golf range, general commercial, and hotels on approximately 152 acres located on the southeast corner of the Hageman Road/Mohawk Street intersection . The project includes the following actions:

1. General Plan Amendment of the Land Use Element of the Metropolitan Bakersfield General Plan (MBGP) from LI (Light Industrial) to GC (General Commercial), from SI (Service Industrial) to GC, and from SI to OS-P (Parks);

2. Zone Change from M -1 (Light Manufacturing), M -2 (General Manufacturing), and M -3 (Heavy Industrial) to C-2 (Regional Commercial), M-1, and RE (Recreation);

FISCAL IMPACT:

The agreement acknowledges that Tortuga Bay Waterpark, LLC., will pay for all costs associated with preparing the EIR. The total cost of the EIR is $223,637 which consists of $183,637.00 for the consulting services and $40,000 to reimburse the City for its costs in managing the project. Due to the Tortuga Bay Waterpark, LLC. covering all costs, therefore the City General Fund will not be impacted.

COUNCIL GOAL:

Economic Opportunity for All
Community Character & Quality of Life

ATTACHMENTS:

1. Independent Contractor’s Agreement

2. Applicant/Reimbursement Agreement

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 1 OF 5 PAGES

AGREEMENT NO. ____________

APPLICANT REIMBURSEMENT AGREEMENT

THIS APPLICANT REIMBURSEMENT AGREEMENT is made and entered into on ___________________ by and between the CITY OF BAKERSFIELD , a municipal corporation (“CITY” herein), and TORTUGA BAY WATERPARK , LLC., a California Limited Liability Corporation (“APPLICANT” herein).

R E C I T A L S

WHEREAS, APPLICANT has filed an application with the CITY for a General Plan Amendment and Zone Change No. 24-0377 (the “Project” herein); and

WHEREAS, said Project is described as a General Plan Amendment (“GPA”) and Zone Change (“ZC”) to develop a regional water park commonly known as the Tortuga Bay Resort commercial development on approximately 152 acres; and

WHEREAS, it has been determined that the preparation of an Environmental Impact Report (“EIR”) is required for the Project; and

WHEREAS, it is the CITY’S responsibility to prepare or cause the EIR to be prepared; and

WHEREAS, CITY intends to contract with a qualified contractor to prepare the EIR; and

WHEREAS, CITY shall require APPLICANT to reimburse CITY for the costs of preparation and certification of the EIR, including both contractor’s costs and City staff costs; and

WHEREAS, APPLICANT desires CITY to contract with a contractor to prepare and present an EIR for the Project and agrees to reimburse CITY for all costs related to the preparation and certification of the EIR.

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

1. SCOPE OF WORK. CITY shall hire a contractor of its choice to prepare the EIR and any other work relating to the environmental evaluation of the Project. The work to be performed by the contractor and City staff includes Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 2 OF 5 PAGES

all actions necessary to complete the task the contractor has been hired to perform, whether specifically included in the scope of work or not. The work program for the contractor is attached hereto and incorporated herein as Exhibit “A”.

2. COMPENSATION. APPLICANT shall reimburse CITY for all costs related to the preparation and certification of the EIR by contractor and CITY staff as follows:

2.1. Consultant’s cost for preparation of the EIR is $183,637.00.

2.2. CITY’s cost associated with preparation of the EIR is estimated to be $40,000.00.

The initial amount of $223,637.00 (contractor and CITY Cost) , which constitutes a total of the estimated costs of services to be performed by the contractor and CITY staff, shall be paid prior to City Council approving this Agreement. Applicant shall also pay any additional funds requested by CITY to pay costs associated with the preparation of the EIR. Said additional payments shall be due and payable within 5 business days of CITY’s notification to APPLICANT.

3. RECORDS OF COSTS. At such time as CITY requires additional funds from APPLICANT, CITY shall provide APPLICANT with a record of the costs for which APPLICANT is being charged. After certification of the EIR and final consideration of the Project, CITY shall provide APPLICANT with a final accounting of the costs for which APPLICANT has been charged.

4. PREPARATION AND SUBMITTAL OF SPECIAL STUDIES. The APPLICANT has chosen to contract qualified professional consultants to prepare certain specialized environmental studies (herein referred to as “STUDIES”), as follows:

4.1. Air Quality/Climate Change Analysis/Health Risk Assessment

4.2. Biological Resources Study

4.3. Archaeological Evaluation/Study (with Paleontology component)

4.4. Traffic Impact Study

4.5. Water Will-Serve or Availability Letter

4.6. Water Supply Assessment
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 3 OF 5 PAGES

4.7. Phase I Environmental Site Assessment

4.8. Urban Decay Analysis

4.9. Acoustical Analysis

4.10. Blast Zone Report

APPLICANT agrees that the STUDIES shall be prepared in accordance with CEQA and in a format acceptable to the CITY. APPLICANT agrees that it shall be its responsibility to cover the costs of any additional information, analysis, corrections, and revision of the STUDIES deemed to be required by the Planning Director. APPLICANT understands they are fully responsible for managing contractors hired by them to prepare the special studies listed above and provide STUDIES and any required information in accordance with the Project schedule and associated deadlines provided by the CITY.

5. INDEMNITY. APPLICANT 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 o f any kind whatsoever, arising out of, connected with or caused by APPLICANT or APPLICANT’S employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or n ot caused in part by the pa rty indemnified hereunder, except for City’s sole active negligence or willful misconduct.

6. TERMINATION. This Agreement may be terminated upon fourteen (14) calendar days written notice for any of the following reasons:

6.1. APPLICANT withdraws the application.

6.2. APPLICANT fails to provide adequate funds as requested by the CITY.

6.3. APPLICANT fails to cooperate with CITY or contractor.

Any unexpended funds as of the date of termination shall be returned to APPLICANT.

7. WAIVER OF DEFAULT. The failure of any party to enforce against another provision of this Agreement shall not constitute a waiver of that party’s right Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 4 OF 5 PAGES

to enforce such provision at a later time, and shall not serve to vary the terms of this Agreement.

8. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California.

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

CITY: CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301

Phillip Burns, Director
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
(661) 326-3733

APPLICANT: Tortuga Bay Waterpark, LLC
Attn: Mike Ross, Manager
3232 Rio Mirada Drive, Suite B2
Bakersfield, CA 93308

10. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties.

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

12. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations regarding the preparation of this Environmental Impact Report. This contract may be modified only in a writing approved by the City Council and signed by all the parties.

Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 5 OF 5 PAGES

13. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.

14. 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.

15. ACCOUNTING RECORDS. CITY 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 City Hall during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to APPLICANT upon request at any time during regular business hours.

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

“CITY” “APPLICANT”

CITY OF BAKERSFIELD TORTUGA BAY WATERPARK,
LLC.

By: _________________________ By: ___________________________ KAREN K. GOH MIKE ROSS Mayor Manager

APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT

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
Attachment: Exhibit A - Scope of Work
S:\PARKS\Agrs\25-26\Applicant-Reimbursement Agmt-Tortugabay.Docx Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E

Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 8

COMPREHENSIVE SCOPE OF WORK
The following Scope of Work has been prepared pursuant to the information and scope of work provided in the RFP . The Kimley-Horn team, under direction of City staff, will prepare an EIR to assess potential impacts and identify mitigation measures for the proposed project. The Draft EIR, Final EIR, and associated work products will be prepared in accordance with the criteria, standards and provisions of the CEQA of 1970, Section 21000 et. sec. of the State CEQA Guidelines (California Administrative Code Section 15000), the City’s environmental guidelines, and the regulations requirements and procedures of other responsible Public Agencies with jurisdiction by law.

Task 1: Kick-off Meeting and Background Review
After receiving authorization to proceed, the Kimley-Horn team will coordinate and attend a kick-off meeting with the Planning Division to receive any available information regarding the project, such as technical studies, planning documents, maps, and aerial photographs; discuss timing and the schedule for document preparation and reviews; establish communication protocols and expectations; and provide an opportunity to discuss any other project-related matters. This meeting will include a discussion of the project objectives, and the project alternatives to be developed for the project. The Kimley-Horn team will provide the Planning Division and the applicant with a kick-off meeting memorandum that summarizes the meeting including agreed upon action items, timing of the items, and the party responsible for completing each item.

The Kimley-Horn team will conduct a field visit to the project site, review existing land use and environmental conditions, and conduct photographic recording of on-site and surrounding uses. It would be preferable to conduct this field reconnaissance jointly with City staff and, as appropriate, with the applicant, to take advantage (to the extent feasible) of the City’s and/or applicant’s knowledge of specific site conditions, concerns and issues.

After the kick-off meeting, the Kimley-Horn team will mobilize and begin to review background information provided at the meeting as well as other available information pertinent to the project. While reviewing this information, the Kimley-Horn team will develop a list of additional information needs, if necessary, to assist in the successful preparation of the EIR.

The Kimley-Horn team will also provide a project schedule organized by task/milestone spanning from kick off through Final EIR consideration by the Bakersfield City Council.

Deliverables:
• Kick-off meeting memorandum in electronic format;
• Information needs list in electronic format, if needed; • Project schedule organized by task/milestone in electronic format.

Task 2: Notice of Preparation and Circulation
The Kimley-Horn team, in collaboration with the Planning Division, will review the draft Notice of Preparation (NOP) prepared by applicant for public distribution, including a Project Description, list of probable environmental effects, and other required components as outlined by CEQA.

The City will notice and conduct a Scoping Meeting during the 30-day public review period. The Kimley-Horn team will attend the scoping meeting.

The Kimley-Horn team will provide for the following:

1. Review and assess Administrative draft NOP and associated documents including Initial Study;

2. Review and assess the project description for technical completeness;

3. Review and assess Final NOP for public distribution in electronic format;

4. Review and assess Final NOP and Notice of Completion (NOC) to the State Clearinghouse (SCH);

5. Distribute up to fifty (50) hard copies or electronic copies (with cover letter) to Agencies and interested parties as identified on a mailing list provided by Planning Division, via overnight carrier or certified US Mail;

6. Provide two (2) three-ring binder hardcopies to the City;

7. Provide one (1) USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and W ord versions of final NOP , set of NOP figures, and PDF of all documents cited in final NOP;

8. Review and assess NOP comments received and address relevant comments within the Draft EIR.

"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 9
Deliverables:
• Review, assess and submit assessment report of the Final NOP and NOC prior to submitting to SCH; • Distribute 50 or more hard copies or electronic copies of the final NOP to Planning Division- provide mailing list via overnight carrier (for time-sensitive deliveries) and certified US Mail;
• Two (2) three-ring binder hardcopies of final NOP for City Planning; • One USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and Word versions of final NOP , set of NOP figures, and PDF of all documents cited in final NOP .

Task 3: Expanded Project Description Preparation
The Kimley-Horn team will review the expanded project description prepared by the applicant. This scope of work assumes the applicant will prepare the expanded project description with the most current project information and incorporate relevant comments received during the NOP public review period. The Kimle
y-Horn team will review the applicant’s expanded project description and prepare and submit an information needs memorandum, if necessary, to the Planning Division to improve. Using the information from the field reconnaissance, technical reports, in-house resources, additional research, and Planning Division- provided information, the applicant will prepare a project description within 60 days of the authorization to proceed to be used for the subsequent environment documentation.

The project description will include a detailed narrative of the project components, with graphics and maps to highlight the project location, project elements, current land-use designations and zoning classifications, and surroundings. The Kimley-Horn team will review the proposed project objectives and potential alternatives based on information provided in the project description and other information provided by the applicant.

This scope of work assumes one round of review of the administrative draft project description by the Planning Division.

Deliverables:
• Administrative draft project description in Word format; • Draft project description in Word format.

Task 4: Peer Review of Applicant-Prepared Technical Reports The Kimley-Horn team will review the applicant provided technical studies (up to ten [10] technical studies are anticipated) for CEQA adequacy.

This scope of work assumes that the applicant’s consultants will be responsible for any professional engineering related services involved in the completion of the technical studies.

The Kimley-Horn team will conduct a peer-review of the technical studies prepared by the applicant and provide an assessment of the technical reports regarding CEQA adequacy for the following reports:

1. Air Quality/Climate Change Analysis/Health Risk Assessment;

2. Biological Resources Study;

3. Archaeological/Cultural Resources Study;

4. Traffic Impact Study (including VMT analysis);

5. Water Will-Serve or Availability Letter;

6. Water Supply and Demand Report;

7. Phase I Environmental Site Assessment (at a minimum);

8. Urban Decay;

9. Acoustical Analysis;

10. Blast Zone Report
The Kimley-Horn team will prepare a memo for each technical report summarizing any comments regarding CEQA adequacy and provide it to the Planning Division. This scope of work assumes the memos will be sent to the applicant to forward to the respective specialty consultants to consider the comments for modification or updates sufficient for the purposes of the CEQA analysis. This scope of work assumes that the applicant’s consultants will, if necessary, modify the submitted technical reports, and that only one round of review and final confirmation of adequacy will be needed. This scope of work assumes that the Kimley-Horn team will not perform any professional engineering services.

Direct communication between the Kimley-Horn team and applicant’s consultants shall not occur without authorization from City staff prior to any direct communication between the Kimley-Horn teams. "EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 10
Deliverables:
• Technical report CEQA adequacy memoranda in PDF format for each technical study.

Task 5: Administrative Draft EIR Preparation
The Kimley-Horn team will provide a peer review of the administrative Draft EIR (DEIR) for CEQA adequacy in accordance with the City of Bakersfield CEQA Implementation Procedures. The Kimley-Horn team will conduct the peer review for CEQA Adequacy to determine:
• If the project has been analyzed at a project level of detail for the City’s decision-making bodies decide to approve the project and certify the EIR.
• The DEIR includes the required contents per CEQA and includes an inventory of existing conditions, thresholds of significance used for the evaluation of impacts, and an analysis of the environmental impacts and levels of significance. • If Appropriate mitigation measures are provided for potential impacts identified in each environmental issue area shown in the City of Bakersfield Initial Study Environmental Analysis checklist (i.e., Aesthetics, Agriculture and Forest Resources, Air Quality, etc.) for which a potentially significant impact may occur.

Peer review revisions to the administrative DEIR will be provided to the Planning Division in underline/strikeout format.

This scope of work assumes the peer review will include the following reviews:
• Technical Issues
The EIR will address the potentially significant environmental impacts identified in the NOP . • Alternatives
The Kimley-Horn team will collaborate with Planning Division staff to review the alternatives analysis as prepared by the applicant in the EIR. The review on the project alternatives will focus on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening any of the significant environmental impacts of the project. • Consequences of Project Implementation
 Cumulative Impacts
The Kimley-Horn team will peer review the cumulative impact analysis of the DEIR for CEQA adequacy with regard to the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area to determine the project’s contribution to the overall cumulative baseline. The Kimley-Horn team will collaborate with Planning Division staff to develop the cumulative projects list.

The peer review will evaluate proposed mitigation measures, if any, developed for cumulatively considerable impacts for CEQA adequacy.
 Growth-Inducing Impacts
The Kimley-Horn team will peer review the growth inducing impact analysis of the DEIR for CEQA adequacy with regard to the project’s potential to directly or indirectly foster economic or population growth. The peer review will evaluate the DEIR analysis as to whether any projected increase in population as a result of the project would result in additional impacts to existing community resources or encourage and facilitate other activities that could significantly affect the environment.  Significant Irreversible Environmental Changes
The Kimley-Horn team will peer review the Significant Irreversible Environmental Changes impact analysis of the DEIR for CEQA adequacy with regard to significant irreversible environmental changes. The peer review will evaluate the DEIR analysis regarding the potential for significant and una
voidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment.
"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 11
 Effects Found Not To Be Significant
The Kimley-Horn team will peer review the Effects Found Not to be Significant analysis of the DEIR for CEQA adequacy with regard to effects found not to be significant. The peer review will evaluate the DEIR analysis regarding the qualitative explanation of issues found not to be significant during the NOP process as well as impacts that were studied in the EIR and determined to be less than significant.  Organizations and Persons Consulted
The Kimley-Horn team will peer review the Organizations and Persons Consulted chapter of the DEIR for CEQA adequacy with regard to the listing of organizations and persons consulted in preparing the DEIR that documents any federal, state, or local agencies, other organizations and private individuals consulted in preparing the DEIR. • Preparers
The Kimley-Horn team will peer review the Preparers chapter of the DEIR for CEQA adequacy with regard to the listing of names of persons consulted in preparation of the DEIR and their contribution. • Acronyms
The Kimley-Horn team will peer review the Acronyms chapter of the DEIR for CEQA adequacy with regard to the listing of definitions, and acronyms used in the EIR.
• Bibliography
The Kimley-Horn team will peer review the Bibliography chapter of the DEIR for CEQA adequacy with regard to consistency with the Metropolitan Library System (MLS) standards and include personal communications, as appropriate. The Kimley-Horn team will also keep electronic copies of all reference materials provided by the project applicant during the peer review process for the administrative record.

Deliverables:
• Review of Round 1 administrative DEIR in Word format; • Review of Round 2 administrative DEIR in Word format.

Task 6: Screencheck DEIR Preparation
This scope of work assumes two rounds of peer review of the administrative DEIR by the City and Consultant. This scope of work assumes the applicant will revise and prepare a screencheck DEIR and technical appendices for approval by the Planning Division within two (2) weeks of receiving comment from the Planning Division prior to distributing the DEIR for the required 45-day public review period.

Deliverables:
• Review of Screencheck DEIR in PDF format.

Task 7: DEIR and Technical Appendices Circulation
The Kimley-Horn team will peer review the DEIR screencheck for CEQA adequacy and that previous comments have been addressed. Once the screencheck DEIR has been approved by City staff, the Kimley-Horn team will print up to twenty-five (25) hard copies (as needed) and distribute the DEIR. In addition, the Kimley-Horn team will also print and distribute up to fifty (50) hard copies of the Notice of Availability (NOA) to agencies and persons on a mailing list provided by the Planning Division. The Kimley-Horn team will provide three (3) full printed hard copies of the DEIR including tabbed technical appendices in three-ring binders for Planning Division and Library use. The Kimley- Horn team will also provide the Planning Division with one USB flash/thumb drive that includes PDF and Word versions of DEIR and a set of DEIR figures to be provided by the applicant.

The Kimley-Horn team will deliver copies of the NOA via overnight carrier (for time-sensitive deliveries) or certified US Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

This scope of work assumes the Kimley-Horn team will submit the DEIR, NOA, Summary Form and NOC to the SCH, consistent with SCH submission requirements.
"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 12
Deliverables:
• DEIR, NOA, Summary Form and NOC to SCH per most recent electronic submission criteria; • Distribute up to fifty (50) hard copies of NOA for DEIR with appendices to Planning Division-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
• Three (3) tabbed, three-ring binder full hardcopies DEIR for Planning Division and Library use; • One USB flash/thumb drive that includes PDF and Word versions of DEIR and set of DEIR figures.

Task 8: Draft and Screencheck FEIR and Technical Appendices Preparation and Circulation Following the 45-day public review period for the DEIR, the Kimley-Horn team will review the draft Final EIR (FEIR) including responses to comments received during the 45-day public review period. This scope of work assumes responses to public comments on the DEIR and any changes to the DEIR deemed necessary by City Planning Division staff will be prepared by the applicant. The draft FEIR will be submitted to the Kimley-Horn team and Planning Division staff for review. This scope of work assumes one round of review of the draft FEIR by Planning Division staff and the Kimley-Horn team. Because we have no way to predict how many comment letters will be received, nor the length or magnitude of those letters, we have assumed up to 50 hours for the technical staff to respond to up to 20 comment letters. Consultant will evaluate the level of effort once the comments are received and evaluated and advise Planning Division staff.

As part of the FEIR review, the Kimley-Horn team will review and assess the Mitigation Monitoring and Reporting Program (MMRP) for CEQA adequacy. The peer review of the MMRP will evaluate if the document contains the accepted mitigation measures and is formatted consistent with Planning Division requirements for reporting and implementation.

The Kimley-Horn team will review revisions to the draft FEIR prepared by the applicant.

Once the screencheck FEIR has been approved, the Kimley-Horn team will print and distribute up to fifty (50) hard copies of the NOA for FEIR at least three weeks (21 days) prior to the Planning Commission hearing on the project. The Kimley-Horn team will deliver all copies of the NOA for the FEIR via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

Deliverables:
• Review Draft FEIR in Word format;
• Review Screencheck FEIR in PDF format;
• Distribute up to fifty (50) hard copies or electronic copies of the NOA for the FEIR to a mailing list provided by the City Planning Division via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail, including copies for the Planning Division and Planning Commission.

For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

Task 9: Draft Findings of Fact and Statement of Overriding Considerations Preparation The Kimley-Horn team will review the draft Findings of Fact and, if necessary, Statement of Overriding Considerations in accordance with Sections 15091 and 15093 of the CEQA Guidelines for CEQA Adequacy. This scope of work assumes the Findings of Fact and Statement of Overriding Considerations will be prepared by the project applicant. This scope of work assumes City Planning Division staff will finalize these documents in consultation with the City Attorney. This scope of work assumes one round of review of the draft documents.

Deliverables:
• Review and assess the draft Findings of Fact and Statement of Overriding Considerations in Word format; • Review and assess the updated draft Findings of Fact and Statement of Overriding Considerations in Word format. "EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 13
Task 10: Meeting and Hearing Attendance
The Kimley-Horn team will attend public hearings related to the project as requested by Planning Division staff. This scope of work assumes preparation for, and attendance at, one Planning Commission Hearing and one City Council Hearing. This scope assumes a total of 10 hours per person/per hearing for this task, which includes meeting attendance, travel and meeting preparation. This scope of work assumes 40 hours for hearing attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

This scope of work assumes that Planning Division staff will prepare the Notice of Determination (NOD) to be filed with the SCH and County Clerk if the project is approved and the EIR is certified.

The Kimley-Horn team will attend project meetings with the Planning Division staff and applicant as necessary of the course of the project.

This scope of work assumes 40 hours for meeting attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

Task 11: Administrative Record Preparation
The Kimley-Horn team will assist Planning Division staff with the preparation of the Administrative Record within 30 days of the City Council making a determination about the project. This task assumes that consultant will help organize. This 16scope of work assumes that the applicant will provide electronic copies of the references or sources used in the preparation of the EIR and technical appendices. The scope of work assumes that the applicant will be responsible for locating and providing documentation that has been identified or missing as incomplete as a result of the Kimley-Horn team peer review. This scope of work assumes twenty (20) hours of review time. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

Document Pages: 11
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 0
City Clerk's Office
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[email protected]
IP Address: 174.46.226.5
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[email protected]
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Mike Ross
[email protected]
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Electronic Record and Signature Disclosure:

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Phil Burns
[email protected]
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Accepted: 11/13/2025 10:06:49 AM
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Mike Ross, Phil Burns
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 of 10 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 KIMLEY- HORN AND ASSOCIATES, INC. a North Carolina Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, Tortuga Bay Waterpark, LLC. , has applied for a General Plan Amendment and concurrent Zone Change No. 24 -0377(referred to as herein as “PROJECT”), to change the land use entitlements on approximately 152 acres in order to allow development of the PROJECT located on the southeast corner of Hageman Road and Mohawk Street intersection; and

WHEREAS, the CITY conducted an initial study for th e PROJECT and it was determined that preparation of an Environmental Impact Report is required to adequately analyze the potential impacts of to the existing environment.

WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of environmental compliance and processing per the California Environmental Quality Act (CEQA); and

WHEREAS, CONTRACTOR also represents that it has an adequate number of experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the scope of work.

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 shown in Exhibit “A” 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 10 Updated – October 2025

section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”): In accordance with the hourly rates as shown on Exhibit “B”.

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 ONE HUNDRED EIGHTY THREE THOUSAND SIX HUNDRED THIRTY SEVEN DOLLARS ( $183,637) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate two years from its date of execution.

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

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

6. INDEPENDENT CONTRACTOR . This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.

CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.

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

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

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INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 10 Updated – October 2025

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.

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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 10 Updated – October 2025

8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

16. INSURANCE.

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

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

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

The policy must:

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

16.1.2.2 Provide products and completed operations
coverage;

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

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

16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 of 10 Updated – October 2025

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.

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.

Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 of 10 Updated – October 2025

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

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

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

16.2.6 It is further understood and agreed by CONTRACTOR that its liability to 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 of 10 Updated – October 2025

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 willfull 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 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.

20. ACCOUNTING RECORDS . CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 of 10 Updated – October 2025

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 refere nce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

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

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

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

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

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 of 10 Updated – October 2025

CONTRACTOR: KIMLEY-HORN AND ASSOCIATES, INC.
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017

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 56-0885615
CONTRACTOR is a corporation? Yes X No (Please check one.)

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

"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD KIMLEY-HORN AND ASSOCIATES, INC.

By:________________________________ By:_________________________________ KAREN GOH MATTHEW D. WEIR, P.E.

Mayor Senior Vice President

APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT

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\Kimley-Horn.Docx

Attachments: Exhibit A – Scope of Work
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 of 10 Updated – October 2025

Exhibit B – Compensation/Payment Procedure
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 8

The Kimley-Horn team will also provide a project schedule organized by task/milestone spanning from kick off through Final EIR consideration by the Bakersfield City Council.

Deliverables:
• Kick-off meeting memorandum in electronic format;
• Information needs list in electronic format, if needed; • Project schedule organized by task/milestone in electronic format.

The City will notice and conduct a Scoping Meeting during the 30-day public review period. The Kimley-Horn team will attend the scoping meeting.

The Kimley-Horn team will provide for the following:

1. Review and assess Administrative draft NOP and associated documents including Initial Study;

2. Review and assess the project description for technical completeness;

3. Review and assess Final NOP for public distribution in electronic format;

4. Review and assess Final NOP and Notice of Completion (NOC) to the State Clearinghouse (SCH);

6. Provide two (2) three-ring binder hardcopies to the City;

8. Review and assess NOP comments received and address relevant comments within the Draft EIR.

"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 9
Deliverables:
• Review, assess and submit assessment report of the Final NOP and NOC prior to submitting to SCH; • Distribute 50 or more hard copies or electronic copies of the final NOP to Planning Division- provide mailing list via overnight carrier (for time-sensitive deliveries) and certified US Mail;
• Two (2) three-ring binder hardcopies of final NOP for City Planning; • One USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and Word versions of final NOP , set of NOP figures, and PDF of all documents cited in final NOP .

This scope of work assumes one round of review of the administrative draft project description by the Planning Division.

Deliverables:
• Administrative draft project description in Word format; • Draft project description in Word format.

This scope of work assumes that the applicant’s consultants will be responsible for any professional engineering related services involved in the completion of the technical studies.

1. Air Quality/Climate Change Analysis/Health Risk Assessment;

2. Biological Resources Study;

3. Archaeological/Cultural Resources Study;

4. Traffic Impact Study (including VMT analysis);

5. Water Will-Serve or Availability Letter;

6. Water Supply and Demand Report;

7. Phase I Environmental Site Assessment (at a minimum);

8. Urban Decay;

9. Acoustical Analysis;

Direct communication between the Kimley-Horn team and applicant’s consultants shall not occur without authorization from City staff prior to any direct communication between the Kimley-Horn teams. "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 10
Deliverables:
• Technical report CEQA adequacy memoranda in PDF format for each technical study.

Peer review revisions to the administrative DEIR will be provided to the Planning Division in underline/strikeout format.

The peer review will evaluate proposed mitigation measures, if any, developed for cumulatively considerable impacts for CEQA adequacy.
 Growth-Inducing Impacts
The Kimley-Horn team will peer review the growth inducing impact analysis of the DEIR for CEQA adequacy with regard to the project’s potential to directly or indirectly foster economic or population growth. The peer review will evaluate the DEIR analysis as to whether any projected increase in population as a result of the project would result in additional impacts to existing community resources or encourage and facilitate other activities that could significantly affect the environment.  Significant Irreversible Environmental Changes
The Kimley-Horn team will peer review the Significant Irreversible Environmental Changes impact analysis of the DEIR for CEQA adequacy with regard to significant irreversible environmental changes. The peer review will evaluate the DEIR analysis regarding the potential for significant and una
voidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment.
"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 11
 Effects Found Not To Be Significant
The Kimley-Horn team will peer review the Effects Found Not to be Significant analysis of the DEIR for CEQA adequacy with regard to effects found not to be significant. The peer review will evaluate the DEIR analysis regarding the qualitative explanation of issues found not to be significant during the NOP process as well as impacts that were studied in the EIR and determined to be less than significant.  Organizations and Persons Consulted
The Kimley-Horn team will peer review the Organizations and Persons Consulted chapter of the DEIR for CEQA adequacy with regard to the listing of organizations and persons consulted in preparing the DEIR that documents any federal, state, or local agencies, other organizations and private individuals consulted in preparing the DEIR. • Preparers
The Kimley-Horn team will peer review the Preparers chapter of the DEIR for CEQA adequacy with regard to the listing of names of persons consulted in preparation of the DEIR and their contribution. • Acronyms
The Kimley-Horn team will peer review the Acronyms chapter of the DEIR for CEQA adequacy with regard to the listing of definitions, and acronyms used in the EIR.
• Bibliography
The Kimley-Horn team will peer review the Bibliography chapter of the DEIR for CEQA adequacy with regard to consistency with the Metropolitan Library System (MLS) standards and include personal communications, as appropriate. The Kimley-Horn team will also keep electronic copies of all reference materials provided by the project applicant during the peer review process for the administrative record.

Deliverables:
• Review of Round 1 administrative DEIR in Word format; • Review of Round 2 administrative DEIR in Word format.

Deliverables:
• Review of Screencheck DEIR in PDF format.

This scope of work assumes the Kimley-Horn team will submit the DEIR, NOA, Summary Form and NOC to the SCH, consistent with SCH submission requirements.
"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 12
Deliverables:
• DEIR, NOA, Summary Form and NOC to SCH per most recent electronic submission criteria; • Distribute up to fifty (50) hard copies of NOA for DEIR with appendices to Planning Division-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
• Three (3) tabbed, three-ring binder full hardcopies DEIR for Planning Division and Library use; • One USB flash/thumb drive that includes PDF and Word versions of DEIR and set of DEIR figures.

The Kimley-Horn team will review revisions to the draft FEIR prepared by the applicant.

For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

Deliverables:
• Review and assess the draft Findings of Fact and Statement of Overriding Considerations in Word format; • Review and assess the updated draft Findings of Fact and Statement of Overriding Considerations in Word format. "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 13
Task 10: Meeting and Hearing Attendance
The Kimley-Horn team will attend public hearings related to the project as requested by Planning Division staff. This scope of work assumes preparation for, and attendance at, one Planning Commission Hearing and one City Council Hearing. This scope assumes a total of 10 hours per person/per hearing for this task, which includes meeting attendance, travel and meeting preparation. This scope of work assumes 40 hours for hearing attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

This scope of work assumes that Planning Division staff will prepare the Notice of Determination (NOD) to be filed with the SCH and County Clerk if the project is approved and the EIR is certified.

The Kimley-Horn team will attend project meetings with the Planning Division staff and applicant as necessary of the course of the project.

This scope of work assumes 40 hours for meeting attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

Deliverables:
• Administrative Record in PDF format
NOTE: Where requested in electronic format, the documents should be provided to staff on a USB flash drive, FTP site, or other mutually agreed upon alternative. Documents shall be provided in both Microsoft Word format and searchable PDF format (the PDF document should be provided as a single document, optimized and compressed). "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report City of Bakersfield  EVCASACR009082.2025
 14
ID Task Name Duration Start Finish
1 PROJECT INITIATION 156 edays Mon 9/1/25 Wed 2/4/26
2 Project Kick-off Meeting with City Staff and Applicant 0 edays Mon 9/1/25 Mon 9/1/25 3 Kimley-Horn Completes Background Review and Project
Schedule
14 edays Mon 9/1/25 Mon 9/15/25
4 Applicant Prepares of Notice of Preparation/Initial Study 14 edays Mon 9/15/25 Mon 9/29/25 5 Kimley-Horn Peer Review of NOP 14 edays Mon 9/29/25 Mon 10/13/25 6 Applicant Revises NOP, as needed 14 edays Mon 10/13/25 Mon 10/27/25 7 Notice of Preparation Review Period 30 edays Mon 10/27/25 Wed 11/26/25 8 EIR Scoping Meeting (Actual Date TBD) 1 eday Wed 11/12/25 Thu 11/13/25 9 Kimley-Horn Conducts Peer Reviews of Technical Studies 32 edays Wed 11/26/25 Sun 12/28/25 10 Kimely-Horn Peer Reviews Revised Technical Studies 20 edays Thu 1/15/26 Wed 2/4/26 11 Kimley-Horn Peer Reviews Expanded Project Description 21 edays Mon 10/27/25 Mon 11/17/25 12 ADMINISTRATIVE DEIR PEER REVIEW 57 days Sun 12/28/25 Wed 3/18/26 13 Kimley-Horn Peer Reviews of Administrative DEIR 20 edays Sun 12/28/25 Sat 1/17/26 14 City Review of Administrative DEIR 20 edays Sat 1/17/26 Fri 2/6/26 15 Kimley-Horn Peer Review of Screencheck DEIR 20 edays Fri 2/6/26 Thu 2/26/26 16 City Review of Screencheck DEIR 20 edays Thu 2/26/26 Wed 3/18/26 17 DEIR PREPARATION 12 days Wed 3/18/26 Fri 4/3/26
18 Final Revisions to Screencheck DEIR 9 edays Wed 3/18/26 Fri 3/27/26 19 DEIR Publication / Notice of Completion / SCH Filing 7 edays Fri 3/27/26 Fri 4/3/26 20 DEIR PUBLIC REVIEW 31 days Fri 4/3/26 Mon 5/18/26
21 45-Day DEIR Public Review Period 45 edays Fri 4/3/26 Mon 5/18/26 22 FINAL EIR AND RESPONSE TO COMMENTS PEER REVIEW 65 days Mon 5/18/26 Mon 8/17/26 23 Kimely-Horn Peer Review Administrative Draft FEIR and Response to Comments
21 edays Mon 5/18/26 Mon 6/8/26
24 City Review of Administrative Draft FEIR and Response to Comments
20 edays Mon 6/8/26 Sun 6/28/26
25 Kimely-Horn Peer Review Draft MMRP / Findings / Draft Overriding Considerations
30 edays Mon 6/8/26 Wed 7/8/26
26 Kimely-Horn Peer Review Screencheck Draft FEIR and
Response to Comments
20 edays Wed 7/8/26 Tue 7/28/26
27 City Review of Screencheck Draft FEIR and Response to Comments
20 edays Tue 7/28/26 Mon 8/17/26
28 FINAL EIR 62 days Tue 9/1/26 Thu 11/26/26
29 Kimley-Horn Distibutes FEIR to Commenting Agencies 3 edays Tue 9/1/26 Fri 9/4/26 30 Kimley-Horn Distributes FEIR to Planning Commission 3 edays Fri 9/4/26 Mon 9/7/26 31 Planning Commission Hearing (Actual Date TBD) 0 edays Tue 9/29/26 Tue 9/29/26 32 City Council Hearing (Actual Date TBD) 0 edays Tue 10/27/26 Tue 10/27/26 33 Kimely-Horn Peer Reviews Administrative Record 30 edays Tue 10/27/26 Thu 11/26/26 9/1
9/29
10/27

W S T M F T S W S T M F T S W
g 3, '25 Oct 12, '25 Dec 21, '25 Mar 1, '26 May 10, '26 Jul 19, '26 Sep 27, '26 D Tortuga Bay Resort EIR
Technical Study and EIR Peer Review
Proposed Project Schedule
edays = calendar days
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 15

COST OF SERVICES

FEE SCHEDULE
All work will be performed for a “Not to Exceed” contract price, which will become the firm fixed price upon completion of negotiations with City of Bakersfield. The total budget includes all miscellaneous costs for travel/mileage, reproduction, reimbursables, telephone, postal, delivery, reference materials and incidental expenses. Kimley-Horn will receive payment either on a percentage basis using milestones or by monthly billing, as determined by the City. The Kimley-Horn Project Manager reserves the right to make adjustments to staff allocations as necessary within the overall budget. Included on the following page is a spreadsheet listing project tasks, classifications of personnel, the anticipated number of hours required by task, and total hours and costs per task.

PAYMENT SCHEDULE
We have included our payment schedule on page 17.
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report City of Bakersfield  EVCASACR009082.2025
 16
Category/Title
Billing Rate $365 $325 $260 $230 $200 $160 $130
Task 1 Kick-off Meeting and Background Review 21 9 24 54 $ 14,430 Project Initiation 8 8 16 $ 4,200
Kick-off Meeting and Field Visit 9 9 4 22 $ 6,850 Background Information 2 8 10 $ 2,010
Project Schedule 2 4 6 $ 1,370
Task 2 Notice of Preparation (NOP) and Circulation 8 6 20 8 42 $ 9,110 Peer Review NOP 4 4 8 16 $ 4,040
NOA Distribution 4 2 12 8 26 $ 5,070
Task 3 Expanded Project Description Preparation 4 8 2 14 $ 4,380 Peer Review Expanded Project Description for DEIR 4 8 2 14 $ 4,380 Task 4 Applicant-Prepared Technical Report Peer Review 8 12 40 40 24 124 $ 31,220 Peer Review Technical Studies 8 12 40 40 24 124 $ 31,220 Task 5 Administrative DEIR Preparation 4 16 20 16 16 72 $ 15,900 Peer Review Admin DEIR 4 16 20 16 16 72 $ 15,900
Task 6 Screencheck DEIR Preparation 4 8 8 8 28 $ 6,380 Peer Review Screencheck DEIR 4 8 8 8 28 $ 6,380 Task 7 DEIR and Technical Appendices Circulation 8 8 24 24 64 $ 12,480 Peer Review Final DEIR 4 4 4 12 $ 3,400
Prepare DEIR for Public Review 4 4 20 24 52 $ 9,080 Task 8 Draft and Screencheck FEIR and Technical Appendices Preparation and Circulation 8 24 42 16 90 $ 19,520
Peer Review Draft FEIR 2 12 24 38 $ 8,470
Peer Review MMRP 2 4 6 12 $ 2,990
Peer Review Screencheck FEIR 2 4 4 10 $ 2,670 FEIR Public Distribution 2 4 8 16 30 $ 5,390
Task 9 Draft Findings of Fact and Statement of Overriding Considerations Preparation 2 4 12 18 $ 4,790
Peer Review CEQA Findings 2 4 12 18 $ 4,790
Task 10 Hearing Attendance 36 36 8 80 $ 26,120
Hearing Attendance 20 20 40 $ 13,800
Meeting Attendance 16 16 8 40 $ 12,320
Task 11 Administrative Record Preparation 2 8 10 $ 3,330 Peer Review Admin Record 2 8 10 $ 3,330
TOTAL HOURS 105 139 40 72 24 144 72
596
Subtotal Labor: $38,325 $45,175 $10,400 $16,560 $4,800 $23,040 $9,360 $ 147,660 Other Direct Costs $ 35,977
Labor Escalation $ 1,477
Travel/Mileage/Outside Printing/Courier Services/Etc. $ 15,000 Zanjero - Water Supply Peer Review $ 11,500
LSA - Biological Resources Peer Review $ 8,000 TOTAL COST: $ 183,637

CITY OF BAKERSFIELD
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report Kimley-Horn and Associates, Inc.

Sr.

Professional I Professional Analyst II Analyst I Project Support TOTAL
HOURS
TOTAL
COST
Sr.

Professional II
Sr.

Professional I
BR00PUDIS.A.001
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 17

PAYMENT SCHEDULE
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/8/2025
Edgewood Partners Ins Center
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
770.552.4225
[email protected]
National Union Fire Ins Co of Pittsburg
19445

KIMLASS
Allied World Assurance Co (U.S.) Inc.
19489
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company
23841
Lloyd's of London
85202
1833850701
A
X
2,000,000
X
1,000,000
X
Contractual Liab
25,000
2,000,000
4,000,000
X
X
GL5268169
4/1/2025
4/1/2026
4,000,000
A
A
2,000,000
X
X
X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
B
X
X
5,000,000
X
03127930
4/1/2025
4/1/2026
5,000,000
X
10,000
C
C
X
N
WC067961230 (AOS)
WC013711885 (CA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
2,000,000
2,000,000
2,000,000
D
Professional Liability
B0146LDUSA2504949
4/1/2025
4/1/2026
Per Claim
Aggregate
$2,000,000
$2,000,000
Re: Tortuga Bay Resort. The City Bakersfield, its mayor, council, officers, agents, employees and designated volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.

City of Bakersfield
1600 Truxtun Avenue
Bakersfield CA 93301
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED 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) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

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

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of12 GL5268169
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC 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 liabilit y for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

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

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

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

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

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

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Insurance Services Office, Inc., 2018 CG 20 10 12 19Page of22 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

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" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

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;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 11 GL5268169
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.

WC 04 03 61 Countersigned by ______________________________ (Ed. 11/90)
Authorized Representative
04/01/2025 WC 013-71-1885
KIMLEY-HORN AND ASSOCIATES, INC.

NEW HAMPSHIRE INSURANCE COMPANY

2.00 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: November 6, 2025
SUBJECT: Amendment No. 3 to Agreement No. 2023-157 with Clifford & Brown (adding $750,000 not to exceed $1,100,000) to provide outside legal services in the matter of Edgar Quincy Sloan v. City of Bakersfield.

RECOMMENDATION:

Staff recommends approval of the amendment to the Agreement.

BACKGROUND:

On January 7, 2021, the City entered into Departmental Agreement No. CA21 -002 with Clifford & Brown in an amount not to exceed $40,000 for legal representation in Edgar Quincy Sloan v. City of Bakersfield.

On June 28, 2023, the Department Agreement was amended to add $60,000 for a total not to exceed amount of $100,000 and became known as Agreement No. 2023-157.

On April 24, 2024, Agreement No. 2023 -157 was amended to add $100,000 for a total not to exceed amount of $200,000.

This case is being handled outside the cap at a reduced hourly rate since it is a personnel matter. Trial began September 8, 2025, and concluded October 28, 2025. The trial ended with a verdict in Plaintiff’s favor.

FISCAL IMPACT:

The City Attorney’s Office requests that we amend the contract to add additional compensation of $750,000 to compensate outside counsel for thei r trial preparation, the past two months in trial, and to cover post-trial motions and a potential appeal not to exceed amount of $1,100,000. There are sufficient funds in the CAO budget for this amendment.

COUNCIL GOAL:

Innovative and Efficient City Government

ATTACHMENTS:

Amended Agreement

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: November 5, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023-294 with The Open Door Network (Increase compensation by $305,760 and extend term to December 13, 2026), to continue recycling and sorting materials at the Mt. Vernon Organics Recycling & Composting Facility.

RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

Organic materials from the City's curbside and commercial green bin organic waste programs are collected and taken to t he Mount Vernon Organics Recycling Facility (Facility) located at 2601 Mount Vernon Avenue. Commingled organic waste is processed by separating nonorganic materials from the inbound collection program. A sorting crew is used at the Facility to fulfill the manual sorting component of the process. In October 2023, the City issued a request for proposals and received two responses. After review, The Open Door Network was selected based on experience and providing the most reasonable fee rates.
 On December 13, 2023, Council approved Agreement No. 2023-294 with The Open Door Network, not to exceed $300,000, for a one -year term with the option for (4) one -year extensions upon satisfactory service delivery.
 On January 8, 2025, Council approved Amendment No. 1 to Agreement No. 2023-294 with The Open Door Network, not to exceed $605,760, for a one-year term with the option for (3) one-year extensions upon satisfactory service delivery.

Amendment No. 2 proposes to extend the term to December 13, 202 6, with the option for (2) one-year extensions and to increase the compensation by $305,760 not to exceed $911,520 to continue recycling and sorting materials at the Mt. Vernon Organics Recycling & Composting Facility.

FISCAL IMPACT:

Payments to The Open Door Network will come from the Solid Waste Operations Budget, which is funded by the Refuse Enterprise. There is no impact to the General Fund associated with agreement. In addition, approximately 60 percent of the cost will be reimbursed by Kern County per the City and C ounty Green waste cost sharing agreement.

COUNCIL GOAL:

Community Character & Quality of Life
Innovative and Efficient City Government

ATTACHMENTS:

Open Door Network 2023-294 (2)

________________________________________________ Amendment No. 2 to Agreement 2023.-294 Updated November 2025 Page 1 AGREEMENT NO. 2023-294 (2) AMENDMENT NO. 2 TOAGREEMENT NO. 2023-294 This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-294 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred THE OPEN DOOR NETWORK, a Corporation authorized to do business in California R E C I T A L S WHEREAS, on October 10, 2023, CITY posted a Request for Proposals (RFP) for recycling WHEREAS, CONTRACTOR submitted a response to the RFP representing CONTRACTOR is experienced, well qualified and a specialist in the field of providing a manual labor force to sort through materials and remove litter and contamination; and WHEREAS, on December 13, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-294 not to exceed Three Hundred Thousand Dollars ($300,00) for a one-year term with the option for four (4) one- Vernon Green Waste Facility; and WHEREAS, on January 8, 2025, CITY and CONTRACTOR amended Agreement No. 2023-294 to increase compensation by Three Hundred Five Thousand Seven Hundred Sixty Dollars ($305,760) for a total compensation amount not to exceed Six Hundred Five Thousand Seven Hundred Sixty Dollars ($605,760) and to extend the term of the Agreement to December 13, Facility; and WHEREAS, CITY and CONTRACTOR desire to amend Agreement No. 2023-294 to increase compensation by Three Hundred Five Thousand Seven Hundred Sixty Dollars ($305,760) for a total compensation amount not to exceed Nine Hundred Eleven Thousand Five Hundred Twenty Dollars ($911,520) and to extend the term of the Agreement to December 13, 2026 to NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 2023-294 COMPENSATION/PAYMENT PROCEDURE 2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work On an hourly basis in accordance with the hourly rates as shown on Exhibit A. In the event that the applicable minimum wage rate under ________________________________________________ Amendment No. 2 to Agreement 2023.-294 Updated November 2025 Page 2 federal, state, or local law increases during the term of this Agreement, the invoicing rate shall automatically increase by an amount equal to the dollar amount of the minimum wage increase. 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 NINE HUNDRED FITFTY THOUSAND DOLLARS for performing the Scope of Work. 2. Section 3 of Agreement No. 2023-294 TERMas follows: 3. TERM Unless terminated sooner as set forth herein, this Agreement shall terminate on December 13, 2026, and shall be renewable annually thereafter for two (2) consecutive one-year extensions. 3. Except as amended herein, all provisions of Agreement No. 2023-294 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-294 to be executed the day and year first above written. CITY OF BAKERSFIELD THE OPEN DOOR NETWORK By:____________________________ By: _____________________________________ KAREN GOH Print Name: _____________________________ Mayor Title: ____________________________________ APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By:____________________________ ZACHARY MEYER Public Works Director APPROVED AS TO FORM: COUNTERSIGNED: Deputy City Attorney II:_______________________ Finance Director: _____________________ ASHLEY ZAMBRANO RANDY MCKEEGAN Insurance:____________ AEZ/ptS:\Public Works\Agrs\25-26\The Open Door Network 2023-294_CAO(pt edits).docx Attachment: Exhibit A

Certificate Of CompletionEnvelope Id: 71DA6DC3-346C-4BFD-ACA5-F65776C20044 Status: CompletedSubject: Complete with Docusign: The Open Door Network 2023-294 (2).pdfSource Envelope: Document Pages: 15 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 City Clerk's OfficeAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-08:00) Pacific Time (US & Canada)[email protected] Address: 174.46.226.5Record TrackingStatus: Original 11/7/2025 4:13:17 PMHolder: City Clerk's Office [email protected]: DocuSignSecurity Appliance Status: Connected Pool: StateLocalStorage Appliance Status: Connected Pool: City of Bakersfield Location: DocusignSigner Events Signature TimestampLAUREN [email protected] Open Door NetworkSecurity Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature ImageUsing IP Address: 2a09:bac3:c37e:2da5::48c:27Signed using mobileSent: 11/7/2025 4:21:02 PMViewed: 11/7/2025 5:46:20 PM Signed: 11/7/2025 5:46:37 PMElectronic Record and Signature Disclosure: Accepted: 11/7/2025 5:46:20 PM ID: 022b9002-a1ac-4da6-806a-3706d0293545In Person Signer Events Signature TimestampEditor Delivery Events Status TimestampAgent Delivery Events Status TimestampIntermediary Delivery Events Status TimestampCertified Delivery Events Status TimestampCarbon Copy Events Status TimestampWitness Events Signature TimestampNotary Events Signature TimestampEnvelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 11/7/2025 4:21:03 PMCertified Delivered Security Checked 11/7/2025 5:46:20 PMSigning Complete Security Checked 11/7/2025 5:46:37 PMCompleted Security Checked 11/7/2025 5:46:37 PMPayment Events Status TimestampsElectronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/27/2025
License # 0D44424(661) 316-5195(661) 281-499218058The Open Door Network1921 19th St.Bakersfield, CA 93301 A 1,000,000PHPK25735520037/1/20257/1/2026100,0005,0001,000,0003,000,0003,000,0001,000,000A PHPK25735520037/1/20257/1/20265,000,000A PHUB8713490037/1/20257/1/20265,000,00010,000 ESG Agreements FY25-26Certificate holder, its mayor, council, officers, agents, and employees are an additional insured with respect to the general liability policy if required or agreed to in a written contract subject to all the provisions and limitations of the policy per form# PI-GLD-HS (10/01) attached. The general liability policy is primary per form # CG 00 01 04 13.

City of Bakersfield1600 Truxtun AveBakersfield, CA 93301 THEOPEN01CTRAMIREZ
INSURICA8500 Stockdale Highway, Suite 200Bakersfield, CA 93311Tori Ramirez, CIC, [email protected] Indemnity Insurance Company

X XXXXXX

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 

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers
DATE: October 27, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-308
with Community Action Partnership of Kern (extend term) for HOME-ARP Supportive Services - Coordinated Entry System

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

In September 2021, Department of Housing and Urban Development (HUD) allocated $5,458,039 to the City of Bakersfield in HOME-ARP funds. On November 20, 2024, the City Council approved Agreement No. 2024-308 not to exceed $247,852 with Community Action Partnership of Kern (CAPK) in HOME-ARP funds to increase staffing for Coordinated Entry System (CES) services. HUD mandates CES for homelessness services programs. CES assists with creating an immediate response plan for unsheltered clients and increases access to temporary housing options and applies the whole person care service model.

This Amendment will extend the term from November 30, 2025 to September 30, 2026 to allow CAPK to successfully expend its remaining HOME-ARP funds.

FISCAL IMPACT:

The Amended Agreement only extends the term of the contract and does not add scope or cost, therefore, this action has no impact to the General Fund.

COUNCIL GOAL:

Safety and Resilience

ATTACHMENT:

Amendment

____________________________________________________________ AMENDMENT No. 1 to AGREEMENT No. 2024-308

Page 1 ends

AGREEMENT NO. 2024-308 (1)

AMENDMENT [1] TO
AGREEMENT NO. 2024-308

This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-308 is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN (CAPK), a non-profit, public -benefit corporation authorized to do business in California (referred to herein as “SUBRECIPIENT”).

R E C I T A L S

WHEREAS, on November 20, 2024, CITY and SUBRECIPIENT entered into Agreement No. 2024 -308 to provide coordinated entry system services, with a Term to expire on November 30, 2025; and

WHEREAS, the parties desire to amend Agreement No. 2024-308 to extend the Term to September 30, 2026, to allow SUBRECIPIENT to successfully expend the remaining HOME-ARP grant funding.

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

1. Section 3 of Agreement No. 2024-308 entitled “Term” is hereby amended to read as follows:

3. TERM. The Term of this Agreement shall begin December 1, 2024, and end September 30, 2026.

2. Except as amended herein, all provisions of Agreement No. 2024-308 shall remain in full force and effect.

IN WITHNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-308 to be executed the day and year first above written.

"CITY" “SUBRECIPIENT”

CITY OF BAKERSFIELD CAPK

By:________________________________ By:_________________________________

KAREN GOH JEREMY TOBIAS
Mayor Chief Executive Officer

APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY

DEVELOPMENT DEPARTMENT

By:_______________________________
JENNIFER M. BYERS
Director

APPROVED AS TO FORM: COUNTERSIGNED:

City Attorney:_________________________ Finance Director: ___________________________

VIRGINIA GENNARO RANDY MCKEEGAN

Insurance:____________
Docusign Envelope ID: 0E3590E5-B0F9-4297-AEA8-9FB3EEF2A207

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Direcor
DATE: November 5, 2025
SUBJECT: Amendment No. 3 to Agreement No. 2022-276 with Ennis-Flint Inc (extend the term by one year and increase compensation by $30,000: revised not to exceed $670,546.25) to continue the supply of traffic paint.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On December 14, 2022, the City Council approved the annual contract for the supply of traffic paint to Ennis-Flint, Inc., in the amount of $210,546.25; re newable annually thereafter for four consecutive one - year periods.

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

• Amendment 1 approved December 13, 2023; increase of $23 0,000 and extended term one year to December 13, 2024.
• Amendment 2 approved November 20,2024; increase of $200,000 and extended term one year to December 14, 2025.

This contract is primarily utilized by the General Services Division. The intent of this contract is to provide traffic paint for pavement marking.

Currently there is $145,000 available on this contract. If approved, Amendment No. 3 will extend the term by one year and increase compensation by $30,000 for a revised not to exceed amount of $670,546.25 to allow the City to meet the demand for traffic paint for the City’s pavement marking needs. Funds are budgeted in the General Fund for this contract.

FISCAL IMPACT:

Funds are budgeted in the Public Works Department Fiscal Year 2025-26 Budget for this contract.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Partially Signed Amendment no. 3 to Agreement no. 2022-276

________________________________________________
Amendment No. 3 to Agreement 2022-276

Page 1 ends

AGREEMENT NO. 2022-276(3)

AMENDMENT NO. 3 TO
AGREEMENT NO. 2022-276

THIS AMENDMENT NO. 3 TO AGREEMENT NO. 2022-276 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ENNIS-FLINT, INC. a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, On December 14, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-276 in the amount of $ 210,546.25 for the supply of traffic paint; and

WHEREAS, On December 13, 2023, Council approved Amendment No. 1 to Agreement No. 2022-276 to extend the term of the Agreement by one year and increase compensation by $230,000 to continue the supply of traffic paint; and

WHEREAS, On November 20, 2024, Council approved Amendment No. 2 to Agreement No. 2022-276 to extend the term of the Agreement by one year and increase compensation by $200,000 to continue the supply of traffic paint; and

WHEREAS, the parties desire to enter into Amendment No. 3 to Agreement No. 2022-276 to extend the term of the agreement by one year and increase compensation by Thirty Thousand Dollars ($30,000) to continue the supply of traffic paint.

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

1. Section 2 of Agreement No. 2022- 276 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 HUNDRED SEVENTY THOUSAND FIVE HUNDRED FOURTY-SIX DOLLARS AND TWENTY FIVE CENTS ($670,546.25) in accordance with the bid documents.

________________________________________________
Amendment No. 3 to Agreement 2022-276

Page 2 ends

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- 276 entitled “ TERM” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 14, 2026.

3. Except as amended herein, all provisions of Agreement No. 2022-276 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2022-276 to be executed the day and year first above written.

“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD ENNIS-FLINT, INC.

By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________

Title:_______________________________

APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT

By:____________________________

ZAC MEYER
Public Works Director

APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________ ASHLEY E. ZAMBRANO RANDY MCKEEGAN

Insurance:____________

AEZ/pt
S:\Public Works\Agrs\25-26\Amend.3.toAgr2022-276 (Ennis-Flint).docx Jennifer Slawikoswki
Finance Director

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: October 28, 2025
SUBJECT: Amendment No. 1 to Design Consultant Agreement No. 2024 -180 with Ardurra Group, Inc. (extend term, extend time for completion, and increase Compensation; Not to Exceed $174,526) for design engineering services for Stormwater Lift Station Rehabilitation:

Chester Ave at BNSF Rail Crossing (Ward 2)

RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

The stormwater lift station located behind the Kern County Sheriff’s Jail building in downtown Bakersfield services runoff water at the Chester Avenue Undercrossing just south of Truxtun Avenue . The rehabilitation of this lift station (Project) was highlighted in the City of Bakersfield’s Downtown Master Storm Drain Study due to its age, outdated equipment, and susceptibility to failure.

For the rehabilitation of this lift station, the City entered into a design consultant agreement with Ardurra Group, Inc. on June 26, 2024. Upon beginning the project design, several design constraints including the small project footprint, adjacent railroad property , lacking flow d ata and undersized electrical service needed to be addressed. While the lift station rehabilitation design is nearly complete, Ardurra is actively supporting and assisting the City in coordinating with the necessary agencies (BNSF and PG&E) to produce a cohesive project that is ready for construction. For these reasons, the City wishes to extend the design scope Time of Completion to December 31, 2025, extend the Term to June 30, 2027, and increase Compensation by $35,405 for a revised not to exceed amount of $174,526 for Agreement No. 2024-180 with Ardurra. These amendments are in direct correlation to the additional time and services necessary to produce a complete project.

FISCAL IMPACT:

This design consultant agreement is fully funded by American Rescue Plan Act (ARPA) funds (Project No.

E3K308). The increase in compensation for this agreement will be covered with Sewer Enterprise Funds (SEF) that are available for storm drain improvements in the downtown area (Project No. E4K303).

Therefore, this amendment will have no impact on the General Fund.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Amendment No. 1 to 2024-180

2. Exhibit A

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: November 13, 2025
SUBJECT: Amendment No. 1 to Agreement 2025-164 with Willdan Energy Solutions

(not to exceed $344,240) to allow for the procurement of a battery for our solar project.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On August 27, 2025, City and Wil ldan entered into Agreement 2025-164 whereby Willdan agreed to, among other things, conduct an investment grade energy audit to identify energy savings, as well as provide support for the installation of solar panels and a battery system at the Water Resources Building.

Certain changes to Federal law, recently included the expiration of the Solar Investment Tax Credit (“ITC”), which necessitated the purchase of certain battery materials in order to fully realize all anticipated savings.

The Amendment enables Willdan to procure certain materials and equipment such that City will be able to capture savings under the ITC, which is scheduled to expire on December 31, 2025. Based on a Rough Order of Magnitude cost estimate of $3.44 million for the Battery Energy Storage System Project, City will need to safe harbor the battery prior to the expiration of the ITC to be eligible for the 30% ITC savings.

FISCAL IMPACT:

There is no impact to general fund. Funds are budgeted within the Domestic Capital Improvement Fund for this Project.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Amendment No. 1 to Agreement No. 2025-164

2. Exhibit E

JROBERTSON\38580.00001\5306428.4 -- Page 1 of 4 Pages -- AGREEMENT NO. __________________

AMENDMENT NO. [1] TO
AGREEMENT NO. 2025-164

This AMENDMENT NO. 1 TO AGREEMENT NO. 2025-164 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and WILLDAN ENERGY SOLUTIONS, a California corporation with California state contractor’s license number 1065713, authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, CITY and CONTRACTOR previously entered into AGREEMENT NO. 2025-164, dated August 27 , 2025 (the “ AGREEMENT”), whereby CITY engaged CONTRACTOR to perform a Preliminary Investment Grade Audit Analysis to ultimately present a project proposal for CONTRACTOR to design, procure, install, implement, maintain, and monitor energy saving measures at certain PREMISES of the CITY pursuant to an Energy Savings Performance Contract which the Parties intend to negotiate and enter into following the successful conclusion of the Investment Grade Audit and required public hearings;

WHEREAS, CONTRACTOR has presented to the CITY preliminary results of CONTRACTOR’s analysis, showing in CONTRACTOR’s opinion the Energy Savings Performance Contract Proposal, when delivered to the CITY in accordance with the terms of the AGREEMENT, will contain a package of energy saving measures such that the anticipated cost to the CITY for energy or conservation services provided by the PROJECT under the Energy Savings Performance Contract will be less than the anticipated marginal cost to the CITY of energy that would have been consumed by the CITY in the absence of those purchases;

WHEREAS, having reviewed such preliminary results and having determined that it will be in the best interests of the CITY for CONTRACTOR to perform certain preconstruction services, including the procurement of certain materials and equipment that have long manufacturing and/or delivery lead times (“ LONG LEAD-TIME MATERIAL”), the CITY has elected to move forward with procuring the LONG LEAD-TIME MATERIAL by executing this Amendment in anticipation of the successful completion of the Investment Grade Audit and the acceptance by CITY of an Energy Savings Performance Contract Proposal that will satisfy the requirements of California Government Code Section 4217.10 et seq.;

JROBERTSON\38580.00001\5306428.4 -- Page 2 of 4 Pages -- WHEREAS, CONTRACTOR desires to provide preconstruction services to the CITY with respect to ordering LONG LEAD -TIME MATERIAL to facilitate, and in preparation for, the potential development and construction of the Project;

WHEREAS, the Parties acknowledge that CONTRACTOR and CITY intend to negotiate an Energy Savings Performance Contract subject to the terms of the Agreement, as amended; and

WHEREAS, the Parties also acknowledge that CITY is not obligated to enter into an Energy Savings Performance Contract or otherwise proceed with the Project, except as set out in the Agreement, as amended;

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

1. Section 1 of the Agreement, entitled “SCOPE OF WORK ,” is hereby amended to insert the following Subsection C at the end of the Subsection entitled “Phase 1: Preliminary IGA Analysis:”

(C) Attached as Exhibit E is the initial scope of work for the procurement of certain Long Lead -Time Materials (the
“Procurement Scope”). The CITY hereby accepts the
Procurement Scope and authorizes and directs CONTRACTOR to perform the Procurement Scope consistent therewith. The Procurement Scope may be amended from time to time by
CONTRACTOR and the CITY, to add or delete Long Lead-Time Materials, pursuant to Section 30 of the Amended Contract.

2. Section 2 of the Agreement, entitled “COMPENSATION/PAYMENT PROCEDURE,” is hereby amended to insert the following at the end of the Subsection entitled “Phase 1: Preliminary IGA Analysis:”

(B) Invoicing and Payment for Long Lead-Time Materials.

(1) CITY will make milestone payments to CONTRACTOR as described in the Procurement Scope in which the total
amount does not exceed THREE HUNDRED FORTY-FOUR
THOUSAND TWO HUNDRED FORTY DOLLARS ($344,240)
(“Long Lead Materials Contract Price”), exclusive of any taxes, tariffs, shipping and unloading costs, which will be invoiced and paid separately. Storage is excluded from the Procurement Scope and the Long Lead Materials
Contract Price. Except as set forth in the Energy Savings Performance Contract, storage of the Long Lead -Time
Materials is the responsibility of the CITY.

JROBERTSON\38580.00001\5306428.4 -- Page 3 of 4 Pages --

(2) CONTRACTOR shall provide invoices to CITY upon
milestone completion seeking payment for the LONG
LEAD-TIME MATERIALS procured in relation to that
milestone. All such payments shall be separate and
apart from, and not included in, the Backout Fee.

(3) Payment by the CITY is due within ten (10) days of the date of each invoice.

(4) Payments for LONG LEAD -TIME MATERIALS invoices are not subject to retention or withholding.

(5) Upon payment in full for the LONG LEAD-TIME MATERIALS, title to the equipment purchased shall pass to the CITY and the CITY shall be responsible for the risk of loss of said equipment, including but not limited to damage,
destruction or theft thereof, unless and until an Energy Savings Performance Contract is entered into for
installation of such equipment by CONTRACTOR as set
forth in the applicable Energy Savings Performance
Contract.

3. Section 4 of the Agreement, entitled “TERMINATION” is hereby amended to insert the following at the end of the Section:

If CITY terminates the Agreement, CITY will pay in full all invoices for Procurement Scope work completed by CONTRACTOR as
of the date of the termination notice regardless of the delivery status of the LONG LEAD-TIME MATERIALS. Further, in the event CITY terminates the Agreement, it will pay all reasonably expected profits.

4. Should any provision of the Agreement be found or be deemed invalid, the Agreement will be construed as not containing that provision, and all other provisions, which are otherwise lawful, will remain in full force and effect, and to this end the provisions of the Agreement are declared to be severable.

5. Except as amended herein, all provisions of Agreement No. 2025-164 shall remain in full force and effect.

-- o0o –
JROBERTSON\38580.00001\5306428.4 -- Page 4 of 4 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT NO. 1 TO AGREEMENT NO. 2025- 164 to be executed the day and year first above written.

“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD WILLDAN ENERGY SOLUTIONS

By: ____________________________ By: ________________________________

KAREN GOH
Mayor Print Name: ________________________

Title: ___________________________

APPROVED AS TO CONTENT:

WATER DEPARTMENT

By: ____________________________

KRISTINA BUDAK
Water Director

APPROVED AS TO FORM: COUNTERSIGNED:

(Deputy) City Attorney: _______________________ Finance Director: _____________________

MATTHEW COLLOM RANDY MCKEEGAN

Insurance: ____________

Battery Purchase Amendment & Next Steps

Page 1 ends

Project: Battery Purchase for Safe Harbor
Purpose: Discuss and Finalize BESS Amendment & Discuss Final Approval Steps/Timing Date: November 13, 2025

1. Battery Purchase Amendment
▪ Review Amendment
▪ Final edits together
▪ Further discussion?

2. Supplemental Financial Explanation
Overview
As part of securing the full federal Investment Tax Credit (ITC) value for the City's Battery Energy Storage System (BESS) project, it is important that the project "Begin Construction" in 2025 under the IRS 5% Safe Harbor rule. Beginning construction prior to 2026 allows the project to avoid the forthcoming Foreign Entity of Concern (FEOC) restrictions, which would otherwise limit ITC eligibility for battery projects starting construction in 2026 and beyond. To meet this requirement, the City must incur enough qualified project costs in 2025 to exceed the 5% Safe Harbor threshold.

Based on our updated Rough Order of Magnitude (ROM) cost estimate (as of Monday 11/10/25), the total BESS turnkey project cost is approximately $3.44 million, meaning the IRS-required 5% Safe Harbor amount would be roughly $172,000.

However, industry best practice and guidance from tax advisors strongly recommends exceeding the bare minimum 5% to ensure the project remains protected even if final construction costs rise during design, contracting, or installation. To provide this buffer and maintain a simple, conservative approach, we recommend the City make a 10% Safe Harbor deposit of $344,240. This ensures the project comfortably meets the Safe Harbor test and maintains eligibility for 2025 ITC treatment regardless of future cost adjustments.

If approved, this deposit will secure the project under current ITC rules, protect it from 2026 FEOC restrictions, and maximize long-term federal incentive value for the City. We are prepared to move forward immediately with the necessary documentation to meet year-end Safe Harbor timing.

Plan for Reconciling When Final Costs are Ready
Willan will plan to provide a detailed project cost breakout that will include hard costs (direct project costs), soft costs (professional services), and contractor fees (overhead and profit) with GMAX. We will still provide a turnkey project cost, savings, and grants/incentives table for comparison purpose as well as a subcontractor bid summary. These will all be included in a handout as part of the Final Project Presentation and “IGA Findings” Summary needed for 4217 and IGA contract compliance.

We expect there to be overages from the 10% estimate above and will clearly show in these financial summaries how those overages will be credited back to the Water Department in those breakouts.

Battery Purchase Amendment & Next Steps

Page 2 ends

3. Example Detailed Project Financials Breakout (approved by Public Works)

Battery Purchase Amendment & Next Steps

Page 3 ends

4. Project Schedule Review

5. BESS Purchase Final Steps
▪ Willdan execute BESS amendment and email digital version to Water Dept by early Fri 11/14 morning (or sooner).
▪ Water Dept sign and begin routing through CAO, CMO, Finance, etc. ▪ Willdan print and execute two (2) hard copies with wet signatures. FedEx to Water Dept. Is this acceptable by Mon 11/17?
▪ City Council Meeting on Wed 11/19. Would Water Dept like me to attend? I will be in town.

Anything I am missing?
Critical Path Milestones for BESS and Remaining IGA Milestones Task Target Date
Willdan Meets with Water Dept to Finalize Amendment Details 11/13/2025 Amendment Executed by Willdan; Water Dept Begins Routing through all Required C ity Depts for Signature 11/14/2025 C ity C ouncil Approves BESS Amendment as C onsent Agenda Item 11/19/2025 C ity Executes BESS Purchase C ontract and Provides to Willdan (expedited by Matt C to Recorder's Office) 11/20/2025 Willdan Initiates Purchase of BESS from Vendor; Obtains all Necessary Documention for Safe Harbor 11/21/2025 ESPC C ontract Meeting with C ity Attorney Team 11/24/2025 Subcontractor Proposals Due 11/26/2025
Willdan Bid Qualification and Leveling (Week of 12/3) 12/3/2025 Willdan Finalizes Project and GMAX (Week of 12/10) 12/10/2025 Final Project Presentation to Water Dept Team with BESS Safe Harbor Update (Week of 12/15) 12/17/2025 ESPC C ontract Development Meeting with Water Dept Attorney 12/22/2025 Safe Harbor Deadline 12/31/2025
Water Dept Approves Final Project and ESPC C ontract 1/12/2025 ESPC C ontract Executed by Willdan; Water Dept Begins Routing for Approvals (Targeting 2/11/25 Council Meeting) 1/16/2025 C ity C ouncil Meeting - Post Public Hearing Notice for ESPC /4217 1/28/2026 C ity C ouncil Meeting - C ouncil Approves ESPC C ontract 2/11/2026 ESPC C ontract Executed 2/13/2026

ADMINISTRATIVE REPORT

MEETING DATE: 11/19/2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: 11/3/2025
SUBJECT: Contract Change Order Nos. 10, 22, and 31 to Agreement No. 2024-235 (7th Movement) with Granite Construction Company (increasing compensation by $78,023.58; revised not to exceed $27,710,104.93) for the Centennial Corridor EB58 to NB99 Loop Connector Project. (Wards 1 & 2)

RECOMMENDATION:

Staff recommend approval of the change orders.

BACKGROUND:

The 7th Movement Project proposes to construct a new freeway connector ramp from eastbound State Route (SR) 58 freeway to northbound SR 99. At the SR58/SR99 Interchange, construct a new connector starting west of SR 99, on the south side of 58 with a bridge widening over SR 99, a new bridge spanning over Wible Road, and connecting to northbound SR 99. This project also includes the construction of a bike path from Commerce Drive to California Avenue with a pedestrian bridge over the Carrier Canal, permanent closure of the southbound SR 99 to Stockdale Avenue off -ramp, drainage improvements for the Elcia Drive and Real Road intersection, and installation of permanent barrier at the Ming Avenue to southbound SR 99 on -ramp. This Project was awarded in September of 2024 and has an estimated completion date of August of 2026.

Change Order N o. 10 provides compensation to the contractor for additional removal, disposal, and reconstruction of Separator Bridge Widening approach slab and joint seal. The construction of abutments for the Separator Bridge Widening had a much wider impact on the exi sting approach slab making it necessary to remove more than as shown in the plans. This change order results in an estimated increase of $33,000.00.

Change Order No. 22 provides compensation to the contractor to demolish and reconstruct a portion of Type 60 concrete barrier located at the Ming to northbound SR 99 on -ramp. The concrete barrier was originally part of the Mainline Project, however, it was designed and constructed with a blunt end which was a safety issue for Caltrans and identified as Punch List No. 300 for route adoption. To quickly resolve the safety issue and avoid additional expenses, Granite agreed to perform this work. This change order results in an estimated increase of $17,000.00.

Change Order No. 31 provides compensation to the contractor for the purchase of temporary k -rail and installation within the westbound SR 58 to southbound SR 99 connector, more specifically the outer shoulder of the loop ramp. It was determined that after a couple of incidents of vehicles veering off the roadway and onto private property that a safety issue needed to be resolved. The City agreed to install temporary k-rail at this location near the project as an interim fix prior to the 8 th Movement Project, in which a perman ent barrier would be constructed. This change order results in a net increase of $28,023.58.

FISCAL IMPACT:

The sum of all change orders to date on this project reflects a total cost increase of $ 409,808.13 which results in a 1.50% increase of the original contract amount as illustrated below:

Original Contract Amount = $23,300,296.80
Previous Change Orders = $331,784.55
Current Change Order = $78,023.58
Amended Contract Agreement after CCOs = $27,710,104.93
Net Increase to date = $409,808.13
There is no General Fund impact associated with this change order.

Federal, State, and Local funding for th is change order is available in project 25PWTR01 Centennial Corridor 7th Movement.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Contract Change Order 10

2. Contract Change Order 22

3. Contract Change Order 31

Ker06
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE

CITY OF BAKERSFIELD

PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET

PARSONS

MATTHEW BRASH
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CHECKED BY

CALCULATED- REVISED BY

DATE REVISED

PLANS APPROVAL DATE
DATE

CONSULTANT FUNCTIONAL SUPERVISOR
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COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
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03-09-18
USERNAME => p004681A
DGN FILE => 0600000001ea016_R3.dgn

RELATIVE BORDER SCALE

IS IN INCHES
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UNIT 1477 PROJECT NUMBER & PHASE 0600000484BORDER LAST REVISED 7/2/2010 99 58

22.7/23.8
R50.5/R55.5

MARIA WILSON

MATTHEW BRASH
BRASH

MATTHEW
C78433
09/30/19
CIVIL

REGISTERED CIVIL ENGINEER
1464
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10/10/18
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SCALE: 1" = 50'
L-16
LAYOUT
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337.00' 260.57' 443.62'
216.00' 163.08' 279.37'
3000.00' 83.93' 167.82'

CURVE DATA
WIBLE Rd "WIB" LINE
42 43
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"MI4" LINE
41 41
42 43
MING Ave
"M
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"MIN" 21+84.02 PI
"MI4" 40+77.09 EC
"MI4" 43+19.52 BC
"MI4" 47+66.71 EC
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10'
12'
14' Rt Beg TAPER
"MI4" 45+98.89 PCC

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"WIB" 264+67.92 POT =
JOIN Exist

24.7' Rt Beg Shld

24.7' Rt Beg HMA DIKE (TYPE E Mod)

16.7' Rt Beg TAPER
"MI4" 42+21.00
END Conc DIKE (TYPE E)
END Shld

83.98' Rt "SR99" 645+58.70
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22' Rt "MI4" 44+24.38
TYPE 12A LAYOUT AITS, VC (MC)
Beg MGS (STEEL POST)
4' Lt "MI4" 42+81.38
Beg Trans RAILING (TYPE WB-31)

END MGS (STEEL POST)
4' Lt "MI4" 43+06.38
END CB (TYPE 60MD)

23.75' Rt "MI4" 44+96.30
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14' Rt END TAPER
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31.91' Rt "MI4" 43+19.52
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34.97' Rt "MI4" 42+46.34

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29.51' Rt END CB (TYPE 60 Mod1)

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"MI4" 43+55.51
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END Shld TAPER
22' Rt "MI4" 45+16.38
Beg CB (TYPE 60D Mod)

22.81' Rt "MI4" 45+31.60
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10'
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81' Rt "SR99" 643+54.24
9 Beg ANCHOR BLOCK (Mod2)
END Trans RAILING (TYPE WB-31)

3.77' Lt "MI4" 43+31.17
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Beg Shld
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TERMINAL JOINT (TYPE A)
22' Rt "MI4" 45+51.94
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END TYPE 16C LAYOUT BURIED POST END
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Beg Conc DIKE (TYPE F)
END Conc DIKE (TYPE C)
81' Rt "SR99" 644+21.24
Beg TYPE 16C LAYOUT BURIED POST END

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END COLDPLANE AC PVMT
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5 NOTES:

2. 1.

FOR MVP INFORMATION, SEE CONSTRUCTION DETAILS.

RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE.

FOR ACCURATE RIGHT OF WAY DATA, CONTACT
MVP 7

6.22' Lt END CB (TYPE 60MD)

7.04' Lt Beg Shld TAPER

7.04' Lt END Shld TAPER
"MI4" 44+49.06

4.04' Lt END TAPERED EDGE

4.04' Lt END ANCHOR BLOCK (Mod2)

4.85' Lt Beg Shld TAPER

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"MI4" 43+40.34
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END MGS (STEEL POST)
81' Rt "SR99" 644+64.99
Beg Conc DIKE (TYPE E)
END Conc DIKE (TYPE F)

END ANCHOR ASSEMBLY TYPE SFT

81.78' Rt "SR99" 644+71.24
Beg CB (TYPE 60R Mod1)
"SR99" 643+97.83
1' Rt Beg COLDPLANE AC PVMT
END CB (TYPE 60R Mod1)
"SR99" 645+26.75
Beg Conc DIKE (TYPE E Mod2)

10.03' Lt "MI4" 44+51.64
(TYPE E Mod2)
7' Lt END Conc DIKE
4' Lt END Shld TAPER
"MI4" 45+17.57
29 1 09/30/25
1 1 CRC
04/18/22
1 2 RMS
01/18/24
643+96.24
643+15.45
2 2
2 2
TYPE 16A LAYOUT AITS, VC (MC)
04/05/24
RMS3
3 3
Contract No. 2024-235
Change Order No. 22
Sheet No. 2 of 3
Ker06
BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE

CITY OF BAKERSFIELD

PASADENA, CALIFORNIA 91124
100 WEST WALNUT STREET

PARSONS

MATTHEW BRASH
x
x
x
x
x
Dist COUNTY ROUTE POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
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Exp.

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PROFESSIONAL
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STATE OF CALIFORNIA

TIME PLOTTED =>
DATE PLOTTED =>
10:32:08 AM
4/5/2024

CHECKED BY

CALCULATED- REVISED BY

DATE REVISED

PLANS APPROVAL DATE
DATE

CONSULTANT FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
03-09-18
USERNAME => p004681A
DGN FILE => 0600000001ha016_R1.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
UNIT 1477 PROJECT NUMBER & PHASE 0600000484BORDER LAST REVISED 7/2/2010 99 58

22.7/23.8
R50.5/R55.5

MARIA WILSON

MATTHEW BRASH
BRASH

MATTHEW
C78433
09/30/19
CIVIL

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FOR ACCURATE RIGHT OF WAY DATA, CONTACT
RIGHT OF WAY ENGINEERING AT THE DISTRICT OFFICE.

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MING Ave
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APPROVED FOR CONTOUR GRADING WORK ONLY
SB ROUTE 99
237
1 04/05/24
RMS
1 09/30/25
1 Contract No. 2024-235
Change Order No. 22
Sheet No. 3 of 3

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STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
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STATE OF CALIFORNIA

REGISTERED CIVIL ENGINEER
TIME PLOTTED =>
DATE PLOTTED =>
9:53:26 AM
7/18/2025

CHECKED BY

CALCULATED- REVISED BY

DATE REVISED

PLANS APPROVAL DATE
DATE

CONSULTANT FUNCTIONAL SUPERVISOR
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COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
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USERNAME => p009550H
DGN FILE => 063000083md026c.dgn

RELATIVE BORDER SCALE

IS IN INCHES
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UNIT 0000 PROJECT NUMBER & PHASE 00000000001BORDER LAST REVISED 7/2/2010 BAKERSFIELD, CALIFORNIA 93301
1600 TRUXTUN AVENUE

CITY OF BAKERSFIELD
SAN DIEGO, CA 92101
525 B STREET SUITE 1600

PARSONS

MATTHEW BRASH

JEFF SPARKS
C83506
03-31-25
8-11-23
8-23-23
Ker06 99
58 23.2/23.7
R52.2/R52.4
06230000831
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99S OT 85W

OFF-RAMP
S99 MING Ave
S99 Conn
W58 TO
SCALE: 1" = 50'

1. NOTE:

FOR LEGENDS AND GENERAL NOTES SEE TH-1

APPROVED FOR TRAFFIC HANDLING WORK ONLY

JEFF SPARKS
ROBERT SHINMEI 1 DC

TRAFFIC HANDLING PLAN
07/18/25
1 TH-26c
150c

ADDITIONAL SHEET
Beg TAPER (10:1)
Beg Temp RAILING (TYPE K)

19.85' Rt "CN5" 95+67.05
END TAPER (10:1)

37.11' Rt "CN5" 93+99.73
END Temp RAILING (TYPE K)

59.96' Rt "CN5" 93+09.34
CRASH CUSHION SYSTEM (TL-3)
Temp ALTERNATIVE INLINE
SB ROUTE 99
NB ROUTE 99
"CN5" LINE
WB ROUTE 58
EB ROUTE 58
"SR58" LINE
STOCKDALE Hwy
Contract No. 2024-235
Change Order No. 31
Sheet No. 2 of 2

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: November 6, 2025
SUBJECT: Reject bids for Cellebrite Inseyets® Annual Subscription Renewal for the Police Department.

[Document Description]

RECOMMENDATION:

Staff recommend rejection of bids.

BACKGROUND:

Bids were solicited for Cellebrite Inseyets Annual Subscription Renewal for the Technology Services Department. Seven bids were received in response to the solicitation.

The seven bids received are as follows:

BIDDER AMOUNT
Arif International Corp dba
Numeriksoft
Freemont, CA
$135,978.33
ASMIR Tech LLC
Austin, TX $136,113.91
IT Devices Online
Dubin, CA $136,692.25
Questivity Inc.

Santa Clara, CA $137,632.56
Kambrian
La Puente, CA $138,039.53
Concourse Tech Inc
New York, NY $146,785.56
VCloud Tech Inc
Rolling Hills Estates, CA $147,680.95

Currently, the Bakersfield Police Department Digital Forensics Unit has an expiring subscription to Cellebrite Inseyets that allows for cellphone extractions related to serious violent felony offenses, retail theft, and auto theft investigations. Bids were solicited for the renewal of Cellebrite Inseyets Subscription, and seven bids were received in response to the solicit ation. After reviewing all submissions, we have decided to reject the formal bids in favor of utilizing a cooperative quote that offers a lower price.

Although the cooperative vendor did not submit a formal bid, our bid specifications expressly reserve the right to reject any or all bids if doing so serves the best interest of the City. Exercising this right allows us to obtain the most cost-effective solution while remaining in compliance with our procurement policies.

FISCAL IMPACT:

The action of rejecting the bids will have no fiscal impacts on the General Fund.

COUNCIL GOAL:

Innovative and Efficient City Government

ATTACHMENTS:

N/A

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: November 5, 2025
SUBJECT: Sewer Improvements on Eye Street from Wall Street to 23rd Street:

1. Accept bid and approve contract with GHC Pipeline LLC ($1,805,200.50) for the project;

2. Authorize staff to approve, as necessary, up to $175,000 in City-controlled contingency for unforeseen conditions encountered during construction of the project. (Ward 2)

RECOMMENDATION:

Staff recommends acceptance of low bid , approval of contract , and approval of City -controlled contingency.

BACKGROUND:

The work to be performed consists, in general, of the furnishment and installation of a new 24 -inch PVC sewer line to replace the existing 20 -inch sewer line, which will be abandoned in place. The work also includes connecting e xisting sewer laterals from the existing line to the new alignment, furnishing and installing eight new manholes, re-channeling three existing manholes, abandoning one manhole in place and removing and disposing of four manholes associated with the existing sewer line.

Item No. 1. This project is funded through Sewer Enterprise Funds (SEF). The engineer’s estimate for this project was $1,365,000.00.

On October 9, 2025, the City received five bids for this project. Four bids received are deemed acceptable and one bid was withdrawn. Those acceptable bids are as follows:

GHC Pipeline LLC
18641 Newman Ave
Riverside, CA 92508

in the amount of

$1,805,200.50

Sierra Construction & Excavation, Inc.
7117 Charity Avenue
Bakersfield, CA 93308

in the amount of

$1,859,928.00

Grbcon, Inc.
5114 Elton Street
Baldwin Park, CA 91706

in the amount of

$2,354,885.00

West Valley Construction Company
603 Campbell Technology Pkwy
Campbell, CA 95008

in the amount of

$2,364,259.00

Staff recommend acceptance of the bids and approval of the construction contract to the lowest responsive and responsible bidder, GHC Pipeline LLC.

Item No. 2. Bakersfield Municipal Code section 3.20.105(E) authorizes Public Works Contract Amendments to be executed via Change Order, provided that Change Orders which exceed $10,000 must be approved by the City Council. Staff is requesting pre -approval of up to $1 75,000 for City -controlled contingency for unforeseen conditions encountered during construction of this proje ct, to be executed via authorized Change Order(s). Any costs which exceed the City Council approved contingency, cumulative or otherwise, would require action and approval from the City Council. This City-controlled contingency will save staff time by not having to prepare multiple Council reports for individual routine change orders throughout the project, should they arise. All remaining contingency funds not used will be returned to the fund balance at the end of the project.

FISCAL IMPACT:

This project is funded with Sewer Enterprise Funds; therefore, there is no impact to the City General Fund with the award of this project. Staff will complete an internal budget transfer to move savings from another Sewer Enterprise Fund (SEF) project (25PWDE07). Project No. 25PWDE07 has significant savings which can be used to fully fund project E4K302. Once the budget transfer is completed, t here will be sufficient funds in project (E4K302) to award the contract , pay for City -controlled contingency and construction engineering.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Agreement

___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 1 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx AGREEMENT NO. _________________

CONSTRUCTION PROJECTS AGREEMENT

This CONSTRUCTION PROJECTS AGREEMENT (“Agreement”) is made and entered into on ___________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and GHC PIPELINE LLC, an LLC 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 and well qualified in the field of construction; and

WHEREAS, CONTRACTOR has conducted a thorough site inspection; and

WHEREAS, CITY desires to retain CONTRACTOR to construct the Sewer Improvement on Eye Street from Wall Street to 23 rd Street (“Project”), as set forth herein, which is not paid for with federal funds.

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

1. SCOPE OF WORK.

1.1. In exchange for the Compensation (d efined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project (“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. The following documents are incorporated herein as if fully set forth:

 Notice to Contractors
 Special Provisions
 Bid Proposal
 Bidder’s Bond
 Performance Bond
 Material and Labor Bond
 Letters of transmittal, if any
 All provisions required by law to be inserted in this Agreement ___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 2 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx whether actually inserted or not
 Current State of California DAS 140 Form (if required by Specifications)
 Drawings, if any
 Public Contract Code § 22300 (Escrow Accounts)
 Current State of California DIR – PWC 100 Form
 Required Federal- Aid Contract Language (Exhibit 12 -G) (if Project Federally Funded)
 Required Contract Provisions Federal- Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded)
 Subcontracting Request Form (Exhibit 16 -B, LAPM) (if Project Federally Funded)
 Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded)
 Title VI Assurances and Appendices (if Project Federally Funded)

1.2. If CITY is receiving federal- aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA- 1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY’s eligibility for federal- aid funding. In the event of noncompliance in regard s to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply m ay result in termination of this Agreement.

2. COMPENSATION/PAYMENT PROCEDURE.

2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project , in an amount not to exceed One Million, Eight Hundred Five Thousand, Two Hundred Dollars and Fifty Cents ($1,805,200.50) (“Compensation”). The Compensation shall be the total
compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR.

___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 3 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx

2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law.

2.3. Prompt Progress Payment to Subcontractor. A prime contractor or subcontractor shall pay any subcontractor not later than (7) days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The (7) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The Contractor and Subcontractors on federally funded projects shall incorporate the (7) day prompt progress payments clause in all of their agreements, contracts, subcontracts, and sub-agreements.

In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement. (if Project Federally Funded)

3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY.

CONTRACTOR’s scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY ’s review or comment on the schedule shall not constitute acceptance thereof.

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

5. TERMINATION.

5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default:

5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot
reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default;

5.1.2. CONTRACTOR’s violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency
applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure;

5.1.3. CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; and

5.1.4. CONTRACTOR fails to adequately respond in writing to CITY’s written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR’s failure to provide all information requested by CITY will be a material breach of this Agreement.

5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs
commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction ___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 5 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx supplies and aids dedicated solely to performing the work.

CONTRACTOR shall assign all subcontracts to CITY ; however, CITY may accept or reject those subcontracts at its sole discretion.

5.3. Should CITY’s termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other Compensation shall be due CONTRACTOR for termination for convenience.

6. 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.

7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.

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

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

10. 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.

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11. 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.

12. 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 t ime 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.

13. 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.

14. INSURANCE AND SECURITY.

14.1. 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").

14.1.1. 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.

14.1.2. 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:

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

14.1.2.2. Provide products and completed operations
coverage;

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

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

14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

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

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

14.2. General Provisions Applying to All Insurance Types.

14.2.1. 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
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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.

14.2.2. 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.

14.2.3. 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 appro ved by CITY in writing.

14.2.4. 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.

14.2.5. 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.

14.2.6. 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.

14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements ___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 9 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx 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.

14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work.

15. 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.

16. 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.

17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible.

18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project.

19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the P roject and shall pay all costs and fees to CITY, including without limitation attorney’s fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto.

CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR’s performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney’s ___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 10 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto.

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

21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

25. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

26. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement ___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 11 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

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

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

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

30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total C ompensation which exceeds $40,000, the modification must be approved by the City Council.

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

CONTRACTOR: GHC PIPELINE, LLC
19510 Van Buren Boulevard, F3-376
Riverside, California 92508
(951) 800-9043

_______________________________________________________________________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 12 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx

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

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.

35. CONTRACTOR’S LICENSE INFORMATION.

License Number 1074252
Expiration Date 03/31/2027
License Classification A – General Engineering

36. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number 85-2399095
CONTRACTOR is a corporation? Yes x No (Please check one.)

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date.

"CITY" “ CONTRACTOR”

CITY OF BAKERSFIELD GHC PIPELINE, LLC

By: By:

KAREN GOH
Mayor PRINT NAME: _________________________________________

Title:

[Signatures on Following Page]

Gabriela Arambul
President
___________________________________________________________ ____________________ G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx Page 13 of 13 G:\GROUPDAT\AGREEMENTS\GHC PIPELINE\Sewer Imprvmnt - E4K302 - Eye St\Construction Projects Agr.docx

APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT

By:_____________________________

ZACHARY MEYER
Public Works Director

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:______________________________

ASHLEY ZAMBRANO
Deputy City Attorney II

Insurance:__________

COUNTERSIGNED:

By:_____________________________

RANDY MCKEEGAN
Finance Director

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: October 9, 2025
SUBJECT: Solid Waste Division Organics Facility Truck Scale Installation

Accept Bid and Approve Contract with Best Weigh Scale Company, Inc. ($166,697.55) for installation of a second truck scale at the Mount Vernon Organics Recycling & Composting Facility. (Ward 1)

RECOMMENDATION:

Staff recommends acceptance of bid and approval of agreement.

BACKGROUND:

The City’s Organics Recycling and Composting Facility (Facility), located at 2601 South Mount Vernon Avenue, encompasses approximately 96 acres, of which 75 acres are utilized to process inbound organic waste into compost and related organic products.

In 2024, the Facility accommodated approximately 92,500 vehicles, reflecting steady growth in both residential and commercial traffic. The City anticipates continued operational expansion to support regional growth and ensure compliance with California State recycling and organics mandates, including Assembly Bill 341 and Senate Bill 1383.

Due to the increasing number of commercial landscaper contractors and haulers utilizing the Facility, traffic congestion and extended wait times have become significant ope rational challenges. The installation of a second truck scale will substantially improve vehicle throughput, reduce wait times, and enhance overall efficiency for customers and Facility operations.

An RFP (Request for Proposals) was issued to solicit bids for the purchase and installation of a second truck scale. Responses to the RFP were received from three companies as listed below:

1. Best Weigh Scale Company, Inc.

2. G.T. Michelli Co., LLC

3. Quality Scales Unlimited

After careful review of firm qualifications, experience, reliability, and cost proposals, Best Weigh Scale Company, Inc. was determined to be the most responsive and responsible bidder offering the best overall value to the City.

FISCAL IMPACT:

The total contract amount of $166,697.55 will be funded through the Refuse Enterprise Fund. There will be no impact on the City’s General Fund. Additionally, approximately 63% of the total cost will be reimbursed by Kern County under the existing Green Waste Cost Sharing Agreement between the City and the County.

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

Agreement
_________________________________________________________________ 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 BEST WEIGH SCALE COMPANY , INC a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, CITY desires to have a new truck entry scale installed at the City of Bakersfield Organics Recycling and Composting Facility located at 2601 South Mount Vernon Avenue, Bakersfield, CA 93307 (the “PROJECT”); and

WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of scales, weight and measurement services; and
WHEREAS, CITY and CONTRACTOR desire to execute this Agreement for CONTRACTOR to perform services as needed to complete the PROJECT.

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 to furnish and install a new truck scale that is consistent with the existing onsite scale in both functionality and performance at the Mount Vernon Organics Recycling & Composting Facility as set forth in more detail in Exhibit “A”, attached hereto and incorporated by reference herein. (“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”):

Compensation for all work, services, or products called for under this Agreement shall consist of a total payment in the amount of ONE

HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED NINETY-SEVEN DOLLARS AND FIFTY-FIVE CENTS ($166,697.55) which shall be paid as set forth herein in Exhibit “A”.

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 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 _________________________________________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – October 2025

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 ONE HUNDRED EIGHTY-THREE

THOUSAND THREE HUNDRED SIXTY-SEVEN DOLLARS AND THIRTY CENTS ($183,367.30) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate one year after 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 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.

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.

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.

Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 _________________________________________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – October 2025

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 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 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 _________________________________________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – October 2025

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
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
Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 _________________________________________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – October 2025

certification before beginning any work on the
Improvements:

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

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

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
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 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 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 _________________________________________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – October 2025

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 mail. The parties shall be addressed a s follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

CONTRACTOR: BEST WEIGH SCALE COMPANY INC
2728 N Sunnyside Avenue #101
Fresno, California 93727

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 94-2439373
CONTRACTOR is a corporation? Yes X No
(Please check one.)

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 BEST WEIGH SCALE COMPANY, INC

By:________________________________ By:_________________________________ KAREN GOH Print Name: ________________________
Mayor Title:

APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT

By:_______________________________

ZACHARY MEYER
Public Works Director

APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN

Insurance:____________

AEZ/pt
S:\Public Works\Agrs\25-26\Best Weigh Scale Company Inc_Oragnics Truck Scale.docx

Attachment(s): Exhibit A
Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98

EVAN BOLDING
Coordinator

19745 South I Dr.

Tulare, CA 93274
( 559)687 -3130
13 We½}h, Sccue, Co-:, I V\O.
3813 Mesa Grande St.

Bakersfield, CA 93304
(559)398-9686
2728 N Sunnyside Ave #101
Fresno, CA 93727
Telephone (559)291-2592 / Fax (559) 291-8056
Toll Free: 1-855-722-5320
www.bestweigh.com
Date 9/25/2025 PO # JWO# Quote # EB-092525-2
Proposal To:

City Of Bakersfield
Organics Recycling and Compost Facility
2601 S. Mt. Vernon Ave.

Contact: Brian Friday, Supervisor II
Brian Cell: 661-316-9901
Bakersfield, CA 93307
Organics Truck Scale
Fax Number:

Brian E-mail : [email protected]
WE ARE PLEASED TO QUOTE THE FOLLOWING EQUIPMENT:
- """""
Units Manufact. No. T 11e of Egui11ment
1 Rice Lake 63190.0 11x70 OTR ST Survivor Steel Deck Flat Top Truck Scale w/ 8 Top Access 75k Self Checking SS Welded Seal Load Cells. 1 Rice Lake 92377.0 70' Gui9e Rail Kit, Safety Yellow.
1 Rice Lake 193155.0 682 Indicator with RS232 and EtherNet/lP outputs 1 Fairbanks QUO-34002 Intercom System with call button and inside Base Phone 1 Matko SSD-SSG 5" LED Remote Display with Stop and
Go Light
1 Labor Permit, Bonding, Crane, Etc included in labor. Installation of the truck scale to be on the south side of the existing scale with a 24" gap betweeen Rub Rails. Excavate and construct concrete footings, piers, washout slab and 35' approach ramps with 1 O' Pads to match the existing scales foundation shape and deck height with 4 sleeve style protective posts. Slope the washout slab for runoff to the south side of the scale. Install with Best Weigh Scale provided crane. Terminate to customers electrical in customers scale house, calibrate w/ heavy capacity test truck and report to weights and measures. Install remote display, intercom system and instruct the customer on scale use and operation.

Labor & Installation Charges:

Note: Please Read All Notations.
□ Customer to obtain permit
□ Customer to furnish all electrical and conduit.
□ Sooils to remain on jobsite.

Quote Valid For:

Shipment:

F.O.B:

Terms of Payment:

Submitted By:

Evan Bolding/
Date: 9/25/2025
559-687-3130 Office
Contractors Lie #827797
60 Days
8-10 Weeks from time of order
Factory
50% Deposit with Order, Balance on Completion
Accepted By:

Title:

Date:

Email: [email protected]
Total Equipment Price
Total Installation & Labor
(Prepay & Add) Freight
Sales Tax
Total Price
Egui11. Price
$67,422.38
$5,528.00
$951.75
$3,500.00
$2,193.00
$77,500.00
$79,628.23
$77,500.00
$3,000.00
$6,569.32
$166,697.55

EXHIBIT A
Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Docusign Envelope ID: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98 Certificate Of Completion
Envelope Id: 4B1E3D1D-7362-487C-B9B1-B8FEBB2B2D98
Status: Completed
Subject: Complete with Docusign: Best Weigh Scale Company Inc_Oragnics Truck Scale.pdf Source Envelope:

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City Clerk's Office
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10/30/2025 5:03:18 PM
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EVAN BOLDING
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Coordinator
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: EVAN BOLDING
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
11/3/2025
(559) 584-3391(559) 584-626225674Best Weigh Scale Company Inc2728 N Sunnyside Ave #101Fresno, CA 93727 A 1,000,000XY-630-6S260532-TIL-2510/1/202510/1/2026300,0005,0001,000,0002,000,0002,000,0001,000,000A 810-6S25070A-25-43-G10/1/202510/1/20264,000,000A EX-6S275336-25-4310/1/202510/1/20264,000,000A UB-6S274087-25-43-G10/1/202510/1/20261,000,000Y 1,000,0001,000,000APropertyY-630-6S260532-TIL-2510/1/2025AEquipment FloaterY-630-6S260532-TIL-2510/1/202510/1/2026CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED UNDER GENERAL LIABILITY PER ATTACHED FORM #CG2010 0413 AND CG2037 0413, WITH PRIMARY WORDING PER ATTACHED FORM #CG2001 0413. WAIVER OF SUBROGATION FOR GENERAL LIABILITY APPLIES PER ATTACHED FORM #CG2404 0509. WAIVER OF SUBROGATION FOR WORKERS COMPENSATION PER APPLIES PER ATTACHED FORM #WC99 0410 C.ANY ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO STATUTE AND POLICY PROVISIONS.

City of BakersfieldOffice of Risk Management1600 Truxtun AveBakersfield, CA 93301 BESTWEI-01ACARREIRO
Pacific Ag Insurance Agency Inc.1715 N 11th AveHanford, CA [email protected] Property Casualty X10/1/2026
X X
XX X

ADMINISTRATIVE REPORT

MEETING DATE: November 19, 2025 AGENDA CATEGORY: Consent – Bids TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: November 5, 2025
SUBJECT: PFAS Treatment Program – Phase 1

1. Accept proposal and approve agreement with Provost & Pritchard Consulting Group (not to exceed $726,301) to provide engineering services for six well sites: CBK-8, CBK-9, CBK-26, CBK-31, CBK-33, CBK-43.

2. Appropriate $800,000 of Litigation Revenue to Domestic Water Fund Capital Improvement budget.

RECOMMENDATION:

Staff recommend approval of agreement.

BACKGROUND:

The Water Department manages the City’s Municipal Water System and regularly utilizes professional engineering services for the design of wells, pumps, pipelines, and treatment systems.

Following the EPA’s April 26, 2024, release of the new National Prima ry Drinking Water Regulations (NPDWR) for PFAS/PFOA, the City identified several municipal wells requiring treatment to meet the new Maximum Contaminant Levels (MCLs) by April 26, 2029, ensuring continued compliance and protection of public health.

Item 1:

On August 19, 2025, the City issued a Request for Qualifications (RFQ) for the PFAS Treatment Program – Phase 1, which includes the design of six (6) City wells. On September 26, 2025, City received Statements of Qualifications (SOQs) from:

 Provost & Pritchard Consulting Group (Bakersfield, CA)  Dee Jaspar & Associates, Inc. (Bakersfield, CA)
 Pacific Advanced Civil Engineering, Inc. (Fountain Valley, CA)  Michael Baker International (San Diego, CA)

Through the review of consultant proposals and interview process, City staff recommend awarding the agreement to Provost & Pritchard Consulting Group for a 36-month term, not to exceed $726,301.

Item 2:

On June 05, 2023, City joined multi -district litigation no. 2873 (“MDL 2873”) against 3M, DuPont, and other PFAS/PFOA manufacturers to recover damages from PFAS/PFOA water contamination caused by these manufacturers. In 2024, the City reached a settlement in MDL 2873 permitting the recovery of capital costs to install treatment vessels at nine (9) City wells. To date, City has received $4,509,945.52 and additional settlement payments are expected.

At this time, Staff requests to appropriate $800,000 of the litigation revenue to the Domestic Water Fund Capital Improvement budget. This amount includes an additional 10% contingency to account for any out of scope items that may arise during the design of the six (6) wells.

FISCAL IMPACT:

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

COUNCIL GOAL:

Reliable Infrastructure

ATTACHMENTS:

1. Agreement

2. Exhibit A

3. Exhibit B

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 1 of 13
AGREEMENT NO._________________

DESIGN CONSULTANT AGREEMENT

This DESIGN CONSULTANT AGREEMENT is made and entered into on ______________________ (“Effective Date”) , by and between the CITY OF BAKERSFIELD, a municipal corporation ( “CITY”), and PROVOST & PRITCHARD ENGINEERING GROUP, INC. dba PROVOST & PRITCHARD CONSULTING GROUP, a California Corporation (“DESIGN CONSULTANT”).

R E C I T A L S

WHEREAS, CITY provides domestic water services for the distribution of clean drinking water to residents and businesses within the City of Bakersfield’s Domestic Service Area; and

WHEREAS, CITY extracts, treats and distributes said clean drinking water through approximately 65 separate well stations; and

WHEREAS, nine of these well stations have had detection of PFAS contaminants, which will be addressed in two phases; and

WHEREAS, CITY is currently developing the PFAS Treatment Program – Phase 1 (the “Project”); and

WHEREAS, since CITY does not have expertise currently on staff to design and engineer the Project, CITY has issued a Request for Qualifications/Request for Proposal (“Request”) for those services; and

WHEREAS, after reviewing the Reques t, including the Technical Provisions dated September 26, 2025, and being satisfied that it understands the Project’s requirements, DESIGN CONSULTANT has submitted a response, including a scope of work and cost proposal; and

WHEREAS, DESIGN CONSULTANT represents that it is experienced in the fields of design and engineering required for the Project, and that all of its officers, partners, and/or principals are appropriately licensed professionals; and

WHEREAS, DESIGN CONSULTANT further represents that it has an adequate number of properly licensed and experienced employees to accomplish the Scope of Work and is competent to undertake such Scope of Work; and

WHEREAS, based on these representations and all other representations

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 2 of 13
made by DESIGN CONSULTANT to CITY, CITY desires to retain DESIGN CONSULTANT to perform the Scope of Work.

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT's scope of work, attached hereto as Exhibit B and incorporated herein by reference (collectively, the project description in the Request and DESIGN CONSULTANT's scope of work are referred to as "Scope of Work" ). DESIGN CONSULTANT’s services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.

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

CITY will pay DESIGN CONSULTANT on a monthly basis, based up on the percentage of the Scope of Work completed.

CITY will pay DESIGN CONSULTANT within 30 days following DESIGN CONSULTANT’s submission of an itemized invoice for the portions of the Scope of Work completed, provided that the invoice is approved by CITY.

The Compensation constitutes the total amount payable to DESIGN CONSULTANT for performing the Scope of Work and includes, without limitation, all out-of-pocket costs and taxes. No additional compensation will be provided, and under no circumstances will CITY pay DESIGN CONSULTANT more than SEVEN HUNDRED TWENTY-SIX THOUSAND THREE HUNDRED ONE DOLLARS ($726,301.00).

3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on December 31, 2028.

4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the DESIGN CONSULTANT ’s performance under this Agreement, CITY may terminate this Agreement after providing DESIGN CONSULTANT with ten (10) days written notice.

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

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 3 of 13

6. TIME FOR COMPLETION. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than December 31, 2028.

7. CONTRACT ADMINISTRATOR.

CITY’s Contract Administrator is:

Henry Kouyoumdjian, P.E.

City of Bakersfield
Water Department
1000 Buena Vista Road
Bakersfield, California 93311
Telephone: (661) 326-3622
Email: [email protected]

DESIGN CONSULTANT’s Project Manager shall be designated as:

Jeane Hill, P.E.

Provost & Pritchard Consulting Group
1518 Mill Rock Way, Suite 100
Bakersfield, California 93311
Telephone: (661) 616-5900
Email: [email protected]

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

8. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT’s sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, wit hout limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 4 of 13

9. INDEPENDENT CONTRACTOR. This Agreement calls for DESIGN CONSULTANT’s performance of the Scope of Work as an independent contractor. DESIGN CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor.

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

11. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

12. KEY PERSONNEL. DESIGN CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved , DESIGN CONSULTANT shall not change such personnel without CITY’s written approval.

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

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

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

14.2 Are not currently, and will not be, employed by or under contract to

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 5 of 13
any contractor who may be awarded the contract to construct the Project.

15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the 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 t ime the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 6 of 13

18. INSURANCE.

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

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

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

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

The policy must:

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

18.1.3.2 Provide products and completed operations
coverage;

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

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

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

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 7 of 13

By executing this Agreement, DESIGN CONSULTANT is
submitting the certification required above.

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

18.2 General Provisions Applied to All Insurance Types.

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

18.2.2 Except for professional liability insurance, all policies required of DESIGN CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of DESIGN CONSULTANT ’s insurance and
must not contribute with it.

18.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY ’s Risk Manager, but in no event less than A- :VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 8 of 13
types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

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

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

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

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

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

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

20. INDEMNITY.

20.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 9 of 13
judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT or DESIGN CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

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

21. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related 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.

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 10 of 13

22. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties.

Except as otherwise required by law, when inform ed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of CITY.

Under no circumstances shall any such information or documents be removed from CITY without CITY’s prior written consent.

23. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT’s office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities 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.

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

27. EXECUTION. This Agreement is effective upon execution. It is the product 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.

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 11 of 13

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

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

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

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

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

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

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

DESIGN CONSULTANT AGREEMENT – PFAS Treatment Program – Phase 1 Updated – October 24, 2025 Page 13 of 13
APPROVED AS TO CONTENT:

WATER DEPARTMENT

By:

KRISTINA BUDAK
Water Director

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:

MATTHEW COLLOM
Deputy City Attorney

Insurance: __________

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director

Attachments: Exhibit A and B

Page 1 of 22 ends

Bakersfield City CouncilNovember 19, 2025

Bakersfield City Council
November 19, 2025