Bakersfield City Council
March 25, 2026

RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 4-322 (304

CYPRESS AVENUE) TO THE CONSOLIDATED MAINTENANCE
DISTRICT; APPROVING, CONFIRMING AND ADOPTING THE
DEVELOPMENT SERVICES DIRECTOR’S REPORT, THE

BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT

FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL. (WARD 2)
WHEREAS, the Development Services Director has filed with the City Clerk the Development Services Director’s Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District (“CMD”). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Development Services Director’s Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size.

WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-322 (304 Cypress Avenue) generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and
WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2255 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Development Services Director's Report, the boundaries of the proposed additional territory, the

fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-322, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, 4-322 (304 Cypress Avenue), to the Consolidated Maintenance District, Bakersfield, California,” for this fiscal year on file in the offices of the City Clerk and Development Services Director, City of Bakersfield; and

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

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

2. The Council hereby adds territory, Area 4-322 to the CMD and confirms and adopts the Development Services Director’s Report, including the amounts of assessment for each assessed parcel.

3. Exhibits "A" and "B" describe the additional territory.

4. All parcels within this additional territory shall be assessed at an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach – Anaheim /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above-described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit “H”) are attached hereto.

5. The Kern County Tax Collector is hereby authorized to collect such assessments.

6. Beginning in the 2025-2026 fiscal year and each fiscal year thereafter, the Development Services Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax

rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code.

7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and
assessment is approved for the year in question.

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

AYES: COUNCILMEMBER ARIAS, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
___________________________________

JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _____________________
By __________________________

KAREN GOH
Mayor

APPROVED AS TO FORM:

VIRGINIA GENNARO, CITY ATTORNEY
By _________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”
EXHIBIT 1

DEVELOPMENT SERVICES DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-322
Fiscal Year 2025-2026
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 304 Cypress Avenue and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Development Services Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made.

For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City.

Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit “C”) per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping and/or hardscaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment.

A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, PHILLIP BURNS, Development Services Director, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2025-2026 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area.

Dated:

PHILLIP BURNS
Development Services Director
City of Bakersfield
Area 4-322
Containing: 0.14 Acres, more or less.

Grading Permit GP-25-0060
304 Cypress Avenue Bakersfield California

LEGAL DESCRIPTION
An area located in Section 36, Township 29, Range 27 M.D.B. & M., more particularly described as follows:

EXHIBIT A

BENEFIT FORMULA
The factor for the tier level, which equals the street or tier number. This tier is assigned by the Parks and Recreation department for the entire area of the Consolidated Maintenance District.

Multiplied by
(Tier):

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

Rate:

Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A “Consolidated Maintenance District Cost per Tier” as approved by City Council Resolution 019-15. As per the Resolution, “Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles – Riverside – Orange County / All Urban Consumers Consumer Price Index.” Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and Recreation Dept. through separate policy.

The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel.

Multiplied by
(EDU):

EXHIBIT "C"

CONSOLIDATED MAINTENANCE DISTRICT

CITY OF BAKERSFIELD
Each parcel joining the Consolidated Maintenance Districtshall be assessed the amount as defined below:

EXHIBIT C
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E: 4.36
R-S 1.82
R-S-1A 1
R-S-2.5A 0.4
R-S-5A 0.2 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R-S-10A 0.1 Agricultural: 1 EDU per gross acre
Undeveloped ground in its natural state will be assigned EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:
“It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.

Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a maintenance district, or updating the maintenance district documents as a condition of a zone change, or general plan amendment, or grading permit, or conditional use permit, or during site plan review where deemed necessary by the city."

2. Bakersfield Municipal Code 13.04.022 (a):
“No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-ofway and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver.”

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU’s may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use.

EXHIBIT C
Said assessment is made in accordance with the benefit formula attached hereto. 2026-2027
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.

MAINTENANCE DISTRICT AREA 4-322

EXHIBIT D
Assessor's Tax No. Total amount to
be collected for
FY (2026-2027)
008-054-20-00-7 $0.00
0 $0.00
0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00
FISCAL YEAR 2026-2027
MAINTENANCE DISTRICT AREA 4-322

ASSESSMENT ROLL

EXHIBIT E

EXHIBIT F

EXHIBIT F

EXHIBIT G

EXHIBIT G

EXHIBIT H

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: March 11, 2026
SUBJECT: Termination of Agreement No. 2023-007 with Staples Energy for Home Repair and Weatherization Programs
RECOMMENDATION:

Staff recommends termination of agreement.

BACKGROUND:

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law, establishing the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program to assist state, local, and Tribal governments in responding to the public health and economic impacts of the COVID-19 pandemic.

The U.S. Department of the Treasury issued regulations governing the use of SLFRF funds on May 10, 2021, and adopted the final rule with amendments on January 27, 2022. Under these regulations, eligible recipients may use SLFRF funds to address the COVID-19 public health emergency and its negative economic impacts, including aiding with household repairs. The City received a proposal from Staples Energy to administer a Home Repair and Weatherization Program. The program is designed to assist income-eligible households that experienced negative economic impacts due to the COVID-19.

On January 11, 2023, the City entered into Agreement No. 2023-007 with Staples Energy in the amount of $500,000 to implement the City’s Home Repair and Weatherization Program. Section 6 of the Agreement provided that either party may terminate the Agreement with written notice, ten days before the termination is effective. For the past 24 months, Staples Energy has completed 28 home repair projects. However, staff turnovers and business changes have led to a mutual understanding that the contractor does not have the capacity to complete the scope of work. Therefore, staff requests that City Council terminate Agreement No. 2023-007.

FISCAL IMPACT:

This program was funded by ARPA; remaining funds will be brought back to City Council for direction at a later meeting.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Agreement No. 2023-007 & 2023-007(1)

2. Signed Termination Notice
V
AGREEMENT NO? 0 2 3- O O T

INDEPENDENT CONTRACTOR'S AGREEMENT FOR HOME REPAIR AND

WEATHERIZATION SERVICES
This INDEPENDENT CONTRACTOR' S AGREEMENT (" Agreement") is made and entered into on, JAN 1 1 2023 , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY" herein) and STAPLES ENERGY, a wholly owned subsidiary of Staples & Associates, Inc.

CONTRACTOR" herein).

RECITALS
WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the U. S. Senate -amended H. R. 1319 ( P. L. 117-2) known as the American Rescue Plan Act (hereinafter " ARPA"); and
WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds ( hereinafter "SLFRF") program; and
WHEREAS, the SLFRF program is intended to provide support to State, local, and Tribal governments in responding to the economic and public health impacts of COVID- 19 and in their efforts to contain impacts on their communities, residents, and businesses; and
WHEREAS, on May 10, 2021, the U. S. Department of the Treasury (hereinafter TREASURY") issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations (hereinafter " CFR"); and WHEREAS, on January 27, 2022, TREASURY ' adopted the interim rule published on May 10, 2021, with amendments as the final rule; and WHEREAS, under the final rule, recipients may use SLFRF to respond to the COVID- 19 public health emergency or its negative economic impacts, including assistance to households; and
WHEREAS, in response to a Request for Proposals, CONTRACTOR submitted a proposal to CITY to provide contractor services for a Home Repair and Weatherization Program that will assist households that have suffered negative economic impacts as. a result of the COVID- 19 public health emergency hereinafter " PROGRAM"); and
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WHEREAS, CITY has determined that the PROGRAM is an eligible use of funds under ARPA and the final rule; and
WHEREAS, CITY desires to utilize SLFRF to support the PROGRAM; and WHEREAS, CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives Grant funds from the federal government.

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

1. NATIONAL OBJECTIVES. CONTRACTOR certifies that the activities carried out with funds provided under this Agreement will meet the Coronavirus State and Local Fiscal Recovery Fund program' s objective to reimburse funding relief for purposes directly related to COVID- 19 per 31 CFR Part 35.

2. DEFINITIONS. Except as modified by this Agreement, any term defined in Title VI of the Social Security Act, or the ARPA Fund Regulations at 31 CFR 35, shall have the same meaning in this Agreement.

2. 1. " Program" means CITY's American Rescue Plan Act Program and its administration.

2.2. " Activities" means services facilitated by CONTRACTOR as defined in 31 CFR 35.6 ( b) (3) (i) ( B).

3. SCOPE OF. WORK. The CITY agrees to make grant funds available to CONTRACTOR for eligible expenditures and activities as
described in the CONTRACTOR' s scope of work and deliverables as stated in Exhibit " A" attached hereto and incorporated by reference herein.

3. 1 That portion of the scope of grant related to the types of activities eligible for use of ARPA funding shall specifically comply with the requirements set forth in 31 CFR Part 35 ( b) (3) (i) ( B).

4. COMPENSATION. Total compensation for all work, services, or products for implementation of the PROGRAM in its entirety shall not exceed FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($ 500,000.00) and shall be paid on a per project basis as outlined below.

4. 1. The compensation set forth in this section shall be the compensation for the services provided by CONTRACTOR, including, but not limited to, all out-of-pocket costs and taxes paid by the CONTRACTOR. CITY shall pay no compensation other than the compensation listed in this ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 2
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section unless otherwise agreed to in writing by the CITY and CONTRACTOR. In no case will CITY compensate CONTACTOR more than $500,000.00 for performing the scope of work.

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

4.3. Because CONTRACTOR is to be paid with SLFRF funds, CONTRACTOR shall comply with all federal laws and regulations which are applicable to this Agreement.

4.4. CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives Grant funds from the federal government. If CITY does not receive such funds, this Grant Agreement is null and void. In addition, CITY is not obligated to disburse any monies to CONTRACTOR until and unless CONTRACTOR follows all the requirements for invoicing, including but not limited to providing required data and outcome reporting and information on milestones and deliverables met during the invoiced period under this AGREEMENT.

4.5. Method of Payment. CONTRACTOR shall properly itemize and document claims for payment to show detailed milestones, deliverables, or services, actual salaried paid for which CONTRACTOR claims reimbursement, as well as describing to which of the Activities the payment is related and providing required data and outcome reports for the invoice period. CONTRACTOR shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy and may refuse to pay any claim until explained to CITY' s satisfaction.

4. 6. Use of Funds. All amounts requested and used by CONTRACTOR shall conform to the restrictions of 31 CFR 35. 6 ( b) (2) (i).

5. TERM. Unless terminated earlier as herein provided, this is a disbursement of Fiscal Recovery Funds to CONTRACTOR, and the terms of this Agreement shall begin upon execution of this Agreement by all parties and end upon satisfaction of obligations set forth herein by CONTRACTOR, or December 31, 2024, whichever is sooner.

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

7. COMPLIANCE WITH ALL LAWS. In addition to the terms stated herein, CONTRACTOR shall comply with the following Federal and State laws and regulations:

7. 1. Federal. CONTRACTOR shall obey the ARPA, any amendments, Federal regulations, and guidelines now or hereafter enacted pursuant to the ARPA, terms of the Agreement to CITY now or hereafter in effect, and CITY' s regulations now or hereafter enacted to facilitate administration of the Agreement, or any other statute, regulation, or guideline applicable to the Program. CONTRACTOR shall become familiar with the appropriate statutes, regulations, and guidelines governing the program.

7.2. California. CONTRACTOR shall comply with all provisions of California law applicable to this Agreement.

8. INDEPENDENT CONTRACTOR. CONTRACTOR understands and agrees that CITY is merely a pass -through entity for SLFRF Funding, and that 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. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/ or medical insurance, and Workers' Compensation Insurance. This shall not be construed as forming a partnership or any other association with CONTRACTOR.

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

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

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

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12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. SB 854 COMPLIANCE. To the extent Labor Code Section 1771. 1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of Labor Code Section 1771. 1 for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 5 cgAK c'
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compliance monitoring and enforcement by the Department of Industrial Relations.

18. ADMINISTRATIVE REQUIREMENTS.

18. 1. Financial Management.

18. 1. 1. Accounting Standards. 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.

18. 1. 2. CONTRACTOR agrees to comply with 31 CFR 35 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

18. 1. 3. Cost Principles. CONTRACTOR shall administer funding in conformance with Title 2 CFR Part 200.401 ( a) " Cost Principles Application Federal Awards to non -Federal entities."

18.2. Documentation and Record -Keeping.

18.2. 1. Records to be Maintained. CONTRACTOR shall maintain all records required by the Federal regulations specified in Title IV section 603( c) that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to:

18.2. 1. 1. Records providing a full description of each activity undertaken;

18.2. 1. 2. Records demonstrating that each activity undertaken meets one of the Use of Funds objectives of the ARPA
program;

18.2. 1. 3. Records required to determine the eligibility of activities; and

18.2. 1. 4. Financial records as required by 2 CFR Part 200.334.

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18.3. Retention Period. CONTRACTOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five ( 5) years after the expiration of the Future Use Restriction Period under this Agreement. Records for non -expendable property acquired with funds under this contract shall be retained for five ( 5) years after final disposition of such property. Records for any displaced person must be kept for five ( 5) years after he/ she has received final payment.

Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later.

18.4.Audits and Inspections. All CONTRACTOR records with respect to any matters covered by this Agreement shall be made available to CITY, its designee, or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within 30 days after receipt by it. Failure of CONTRACTOR to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. CONTRACTOR hereby agrees to have an annual audit conducted in accordance with current CITY policies concerning audits and, as applicable, 2 CFR 200 Subpart F.
1 19. NONDISCRIMINATION. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of this agreement or use of the Property.

The CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U. S. C. § 2000d et seq.), as implemented by the Department of the Treasury' s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with " Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U. S. C. § 2000d et seq., as implemented by the Department of the Treasury' s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

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OORIGINAL

20. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS. CONTRACTOR agrees to comply with all other applicable federal statutes, regulations, and executive orders, and CONTRACTOR shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.

Federal regulations applicable to this award include, without limitation, the following:

20. 1. Equal Employment Opportunity ( Non- discrimination Clause).

CONTRACTOR shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CONTRACTOR shall take affirmative action to ensure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin, age, disability, or sexual orientation.

20.2. Federal Labor Standards Provisions. CONTRACTOR shall comply with the requirements of the Secretary of Labor in accordance with the Contract Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act 2 CFR 200 Appendix II ( D)) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. CONTRACTOR shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request.

20.2. 1. CONTRACTOR shall make no awards of contracts under this Agreement to any contractor ineligible under any applicable regulations of the Department of Labor.

20.3. Clean Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act 2 CFR 200 Appendix II ( G), as amended, 42 USC 7401- 7671 q.) et seq and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.

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20.4. Debarment and Suspension ( Executive Orders 12549 and 12689). This contract award ( see 2 CFR 180. 220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR part 180 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp., p. 189) and 12689 ( 3 CFR part 1989 Comp., p. 235), " Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

20.5. 1. CONTRACTOR shall expend no Agreement funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code).

20.6. Procurement of recovered materials. CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10, 000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

20. 7. Prohibition on certain telecommunications and video surveillance services or equipment. CONTRACTOR is prohibited from expending grant funds to: Procure or obtain; Extend or renew a contract to procure or obtain; or Enter into a contract ( or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 9
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UORIGINAL
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; and telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

20.8. Domestic preferences for procurements. CONTRACTOR, as appropriate, shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States ( including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:

20.8. 1. " Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

20.8.2. " Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

20. 9. Women- and Minority -Owned Business Enterprises. CONTRACTOR agrees to abide by the requirements and regulations issued pursuant thereto at 2 CFR 200.321. The foregoing requires the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women- and minority -owned business enterprises, as subcontractors and suppliers to contractors performing work, or rendering services as prime contractors or subcontractors, under federally funded procurement contracts
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20. 10. Small Business Concerns. This Agreement is subject to the requirements of the Small Business Act ( 15 USC 631 et seq.), as amended, applicable to 2 CFR 200.321, and any ,applicable rules and orders requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small- business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally -funded purchases, contracts and services.

21. CITY' s OBLIGATIONS.

21. 1. Copy of Regulations and Statutes. CITY will make available to CONTRACTOR a copy of any regulation CITY enacts to facilitate administration of said Program.

22. CITY' S REMEDIES. If CONTRACTOR fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and may demand CONTRACTOR return all funds granted to CONTRACTOR pursuant to this Agreement. 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 made the remedies incompatible.

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

23. INSURANCE.

23. 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").

23. 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.

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23. 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:

23. 1. 2. 1. Provide contractual liability coverage for the terms of this Agreement;

23. 1. 2.2. Provide products and completed operations
coverage;

23. 1. 2.3. Provide premises, operations, and mobile equipment coverage; and

23. 1. 2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents,
employees, and designated volunteers.

23. 1. 3. Workers' compensation insurance with limits of not less than 1, 000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees.

Pursuant to Labor Code Section 1861, CONTRACTOR must
submit to CITY the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker' s compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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.

21. 2.General Provisions Applying to All Insurance Types.

21. 2. 1. All policies required of CONTRACTOR must be written on a first - dollar coverage basis or contain a deductible provision.

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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.

21. 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.

21. 2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best' s rating as approved by CITY' s Risk Manager, but in no event less than A-: VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A-: VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

21. 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.

21. 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.

21. 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.

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21. 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.

22. MISCELLANEOUS.

22. 1. 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 shall not serve to vary the terms of this Agreement.

22.2. 131inding 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.

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

22.4.Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

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

22.6. 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 ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 14
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United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

If directed to CITY, addressed to:

City of Bakersfield
Economic & Community Development Department
1600 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301
If directed to CONTRACTOR, addressed to:

Staples Energy
N28W23050 Roundy Dr. Suite 100
Pewaukee, WI 53072

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

22.8. 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.

22. 9. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with CONTRACTOR or associate in any such relationship with CONTRACTOR by reason of the provisions of this Agreement. CONTRACTOR shall not for any purpose be considered an agent, officer, or employee of CITY.

22. 10. Conflicts of Interest. CONTRACTOR stipulates that corporately, or individually, the firm, its employees and sub -consultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 15
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FOR ONO
Agreement and funds provided for herein ( California Government Code Section 1090).

22. 11. Tax Numbers.

CONTRACTOR'S" Federal Tax Identification No. 20-8988427 CONTRACTOR" is a corporation? Yes x No
Please check one.)
Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written.

CITY"

CITY OF BAKERSFIELD
CONTRACTOR"

STAPLES ENERGY
By: , By:

KAREN K. GOH
Mayor Print Name: Nathan Baer
Title: Managing Partner and Chief Operating Officer
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By. w
JO UA H. RUDNICK
Deputy City Attorney II
Insurance/ Surety:

APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY DEVELOPMENT

DEPARTMENT
By:

AUL M. SALDANA
Economic & Community Development
Director
rCOUNTERSIGNE
By:

RA`NDt* CKF&6AN
Finance Director
JHR: ag
Attachments:

Exhibit "A" - Scope of Work
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ro

ORIGINAL
EXHIBIT " A"
American Rescue Plan Act (ARPA)
Home Repair and Weatherization Program

SCOPE OF WORK
Purpose
The City of Bakersfield wants to help homeowners make necessary health and safety repairs to their home. The program addresses the need for assistance to individuals considered low-income and have disproportionately impacted by the COVID- 19 pandemic. The Program will offer a maximum amount of $ 15, 000 per household for improvements to privately owned structures to address heating/ cooling systems, plumbing systems, roofs, doors, windows, stucco/ siding, electrical systems, and other principal components improving the quality of life for Bakersfield residents.

Completing all tasks necessary for the execution of the Home Repair and Weatherization Program. The general scope of services to be provided by the selected contractor are as followed:
a. Visually inspect the structure in question to assess the repairs needed. All work is required to meet the client' s needs.
b. Contractor shall complete a work write-up for the needed repairs. c. Contractor to replace all materials with a similar or equal value unless approved otherwise.
d. Contractor shall make a recommendation submit to City for review and approval with required documentation for job. estimates, including itemized breakdown and total costs.
e. Contractor shall complete the work as approved by the work write-up: provide all labor, equipment, supplies, and administrative support for project completion. f. Acquire building permits, following all established City building requirements.

EACH improvement MUST meet and pass all applicable City building code and permit requirements.
g. If lead and/ or asbestos abatement is necessary, the lead/ asbestos-related work shall be completed by certified staff and Contractor shall obtain a post lead/ asbestos clearance.
h. Contractor shall submit to City a request for final inspection and payment, with a breakdown of charges specific to each project.
i. Individual projects shall not exceed $15, 000 in totality.

5. Two copies of the invoice shall be issued at the time of purchase showing: ( a) the agreement number, (b) the amount, (d) a description of the item and (e) the unit price.

6. Billing: All statements to be itemized showing all invoice numbers. A completed Homeowner Endorsement Form demonstrating an understanding of proposed scope of work must be included with each invoice, or the payment will not be processed.

Invoices for onejob must be submitted at the same time. The statement and invoices are to be sent directly to the City' s Economic & Community Development Department at 1600 Truxtun Avenue, 3rd Floor, Bakersfield, CA. 93301.

A- 1
y' mr

ORIGINO

7. Payments will be made at the end of a thirty (30) day billing cycle or sooner provided all documentation and invoices are received. Documentation and invoices must be received by the end of the first calendar week of each month to be considered for payment that month.

Workmanship for the City of Bakersfield must conform to standard building practices and local jurisdictional codes.

Eligible program improvement costs ( labor, equipment, materials, supplies, and permits) include:
o Roof repair/replacement
o ADA accessibility
o General carpentry
o Drywall & painting
o Flooring
o Foundation
o Gutters & downspouts
o Windows replaced
o Doors replaced
o General exterior fagade/ siding repairs/ painting
o Insulation repair/replacement
o Plumbing repairs
o HVAC repairs
o Electrical repairs
o Energy efficient lighting and appliance replacement
o The City reserves the right to negotiate to add eligible costs to the agreement as deemed necessary.

File Maintenance and Reporting
Contractor shall be required to complete and maintain a file folder for each project, which shall include " before and after" photos, and all documentation and records required by the City. All additional documentation required to ensure compliance of all funding requirements and regulations shall also be included in the file folder. Contractor shall be required to provide status reports for each project in accordance with the project schedule.

A-2
m

ORIGINAL
Request for Final Inspection and Payment
Home Repair and Weatherization Program
Date:

File No. Purchase Order No. Payment No.

To: City of Bakersfield
Attn: Economic and Community Development
Department
Address: 1600 Truxtun Ave., 3rd Floor
Bakersfield, CA 93301
From: Contact Person
Mailing Address:

Email:

Phone:

Grant Award Amount: $
Reimbursement Requested $
Client:

Address:

Name of Contractor:

Contractor Representative Name (Printed):

Contractor Address:

Phone:

Date work started: Census Tract:

Date work completed: Contractor Signature:

A-3
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ORIGINAI'
Description of work:

Date of
Expenditure
Description Cost Name of
Contractor/SubContractor
Total amount:

I have reviewed the above work items for compliance with contract cost and found them to be satisfactory. I recommend payment.

Contractor Representative Date
I CERTIFY THAT, to the best of my knowledge, the contractor has performed the above -described work and it is acceptable.

HOMEOWNER Signature
Date:

Inspection/ pictures made [ ] Y [ ] N INITIALS .

I concur in the recommendation of payment.

Approved by:

City of Bakersfield, Economic and Community Development Department A-4
s
90RIGINO
ocusign Envelope ID: 61E2AE40- 0DB5- 4A44- 96B3- 0E8DBD6E6ECD AGREEMENT NO. 2023- 007 ( 1)
AMENDMENT NO. [ 1] TO
AGREEMENT NO. 2023- 007
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023- 007 is made on NOV 2 0 2024 , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (" CITY") and STAPLES ENERGY, a wholly owned subsidiary of Staples & Associates, Inc. (" CONTRACTOR") herein.

RECITALS
WHEREAS, on January 11, 2023, CITY and CONTRACTOR entered into Agreement No. 2023- 007 for CONTRACTOR to provide services. for a Home Repair and Weatherization Program to assist households that have suffered negative economic impacts because of the COVID- 19 public health emergency; and WHEREAS, CONTRACTOR requires additional time to complete the Scope of Work for the remaining applications still pending or on the waitlist; and WHEREAS, the parties now desire to amend Agreement No. 2023- 007 to extend the Term of the Agreement to complete the Scope of Work.

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

1. Section 5 of Agreement No. 2023- 007 entitled " TERM" is hereby amended to read as follows:

5. TERM. Unless terminated earlier as herein provided, this is a disbursement of Fiscal Recovery Funds to CONTRACTOR, and the term of this Agreement shall begin upon execution of this Agreement by all parties and end upon satisfaction of
obligations set forth herein by CONTRACTOR, or December 31, 2026, whichever is sooner.

2. Except as amended herein, all other provisions of Agreement No. 2023-007 shall remain in full force and effect.

It
Amendment- No. 1 to Agreement No. 2023- 007 Q
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50RIGINA: L
ocusign Envelope ID: 61 E2AE40- ODB5- 4A44- 96B3- OE8DBD6E6ECD IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2023- 007 to be executed the day and year first above written.

CITY''

CITY OF BAKER IELD
By:

KAREN GOH
Mayor
CONTRACTOR"

STAPLES ENERGY
DocuSigned by:

By:

Print Name:

Scott Landrum
Title:

CEO
APPROVED AS TO CONTENT:

ECONOMIC AND COMMUNITY DEVELOPMENT

DEPARTMENT
By. C.

DocuSigned by:

RABF . SFDfiAS4Afi
JENNIFER M. BYERS
Economic & Community
Development Director
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By•
J HUA H. RUDNICK
eputy City Attorney II
Insurance: 71,1,
COUNTERSIGNED:

By: Z/// Z::: —

RA D MC EGAN
Finance Dir ctor
Amendment No. l to Agreement No. 2023- 007 ; n
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ORIGINAL

DocuSign°
Certificate, Of Completion
Envelope Id: 61E2AE40ODB54A4496B3OE8DBD6E6ECD Status: Completed Subject: Complete with DocuSign: AmendNo. 1toAgrNo. 2023- 007. pdf, Certificate for City of Bakersfield. pdf Source Envelope:

Document Pages: 8 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 City Clerk' s Office
AutoNav: Enabled city_ clerk@bakersfieldcity. us
Envelopeld Stamping: Enabled IP Address: 174. 46. 226. 5 Time Zone: ( UTC-08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original Holder: City Clerk' s Office Location: DocuSign 11/ 4/2024 9: 06: 52 AM city_ clerk@bakersfieldcity. us Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Slgner Events Signature Timestamp
Scott Landrum DoaoS1enedby, Sent: 11/ 4/ 2024 9: 09:52 AM scott@staplesenergy. com
h
Viewed: 11/ 4/ 2024 1: 58: 47 PM
CEO DMMAMC3W4...

Signed: 11/ 4/2024 1: 59:07 PM
Staples Energy Inc.

Security Level: Email, Account Authentication
Signature Adoption: Pre -selected Style
None) Using IP Address: 12. 174. 28. 50
Electronic Record and Signature Disclosure:

Accepted: 11/ 4/2024 1: 58:47 PM
ID: Od09017a- 5ee9- 4975- 9a83- 4f2347303b41
Jennifer M. Byers D— Signed by: Y Sent: 11/ 4/ 2024 1: 59: 08 PM jbyers@bakersfieldcity. us EJBSBFEC5FD6&148e
l.btAniI r k. biyt- n Viewed: 11/ 6/ 2024 9: 24: 28 AM
Security Level: Email, Account Authentication .. Signed: 11/ 6/2024 9:24: 34 AM None)
Signature Adoption: Pre -selected Style
Using IP Address: 174. 46. 226. 5
Electronic Record and Signature Disclosure:

Accepted: 5/26/2023 10: 13:24 AM
ID: ab9ab9e6- 74d8- 43a0- b6e5- elf3271042ea
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ElectronicsRecord and Signature Disclosure'
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Electronic Record and Signature Disclosure created on: 6/ 28/ 2022 10: 51: 05 AM Parties agreed to: Scott Landrum, Jennifer M. Byers

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ORIG!` AL

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 4, 2026
SUBJECT: Comprehensive Safety Action Plan
Grant Agreement with the Federal Highway Administration for $1,225,000 under the Safe Streets and Roads for All Grant Program (SS4A).

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

The City of Bakersfield has been awarded $980,000 through the federal Safe Streets and Roads for All (SS4A) grant program, a competitive initiative established under the Bipartisan Infrastructure Law to support local efforts to prevent roadway fatalities and serious injuries by improving safety for all roadway users.

The Public Works Department will use this funding to develop a Comprehensive Safety Action Plan (CSAP).

The CSAP will include citywide safety analyses, development of improvement methodologies, financial planning, and prioritization strategies, along with community-focused engagement activities. Public outreach will consist of in-person events in multiple areas throughout the City of Bakersfield, as well as online engagement tools and a dedicated project website to gather community feedback. This process will support the development of Safe Routes to Schools and Safe Routes for Seniors plans, ensuring that the needs of all users are considered.

The City will enter into a Grant Agreement with the Federal Highway Administration (FHWA) in the total amount of $1,225,000 under the Safe Streets and Roads for All Grant Program. This amount includes $980,000 in federal grant funding and a $245,000 required local match and authorizes the City to proceed with implementation of the Comprehensive Safety Action Plan.

FISCAL IMPACT:

This project is partially funded through the Safe Streets and Roads for All Grant Program. The funding will be appropriated at a later date. There is no general fund impact at this time.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement
1 of 17

1. Federal Award No.
693JJ32640311

2. Effective Date
See No. 16 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Bakersfield
1600 Truxtun Ave
Bakersfield, California
93301-5141, United States
Unique Entity Id.: YUJJHEWCPLZ5
TIN No.: 956000672

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 07/31/2030

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$980,000.00
$245,000.00
$0
$0
$1,225,000.00

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure
Investment and Jobs Act (IIJA; Pub. L. 117–
58, November 15, 2021.)

10. Procurement Request No.

HSA250490PR

11. Federal Funds Obligated
$980,000.00

12. Submit Payment Requests To
See Article 5.

13. Accounting and Appropriations Data
15X0176E50.0000.055SR50500.5592000000.410

10.61006600.0000000000.0000000000.00000000

00.0000000000

14. Description of the Project
The City of Bakersfield will develop a Comprehensive Safety Action Plan and supplementary plans, engagement activities, and tools to improve safety for all road users. The Plan will serve as a foundational document that provides a vision and strategies for the city to improve safety for all roadway users and reduce serious injuries and fatalities from traffic collisions.

RECIPIENT

15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Zachary Meyer
Title: Public Works Director

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Ryan Buck
Title: Agreement Officer
\\SANPUB\PUBWKS\ENG\SHARED\ADVANCED PROJECT DELIVERY\PROJECTS\SAFETY ACTION PLAN - SS4A PLANNING GRANT\AGREEMENT\SIGNATUREPAGE.DOC
Updated – September 11, 2017
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY"

CITY OF BAKERSFIELD
By:_______________________________

KAREN GOH
Mayor
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
Insurance:____________
COUNTERSIGNED:

By:___________________________

RANDY MCKEEGAN
Finance Director
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Bakersfield (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Bakersfield Comprehensive Safety Action Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated November 4, 2025, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–33 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-governmentwide integrity and performance system. 3 of 17
ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: City of Bakersfield Comprehensive Safety Action Plan Application Date: 08/28/2024

2.2 Award Amount.

SS4A Grant Amount: $980,000.00

2.3 Federal Obligation Information.

Federal Obligation Type: Single

2.4 Budget Period.

Budget Period: See Block 6 of Page 1

2.5 Grant Designation.

Designation: Planning
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

Planning and Demonstration Narrative: The City of Bakersfield is requesting $980,000 in Safe Streets and Roads for All (SS4A) funding to develop a Comprehensive Safety Action Plan and supplementary plans, engagement activities, and tools to improve safety for all road users. The Plan will serve as a foundational document that provides a vision and strategies for the City to improve safety for all roadway users and reduce serious injuries and fatalities from traffic collisions. The Plan will encompass all eight Action Plan components and develop a comprehensive list of safety-related policies, programs, and infrastructure projects that can make the City’s streets safe for all people. To develop safety solutions for students and the elderly, the Plan will also encompass a Safe Routes to Schools (SRTS) Plan and a Safe Routes for Seniors (SRFS) Plan. The Plan will be supplemented by a Vision Zero Safety Campaign, which will aim to eliminate all traffic fatalities and injuries through community outreach and education. The Plan will also be supported by the development of a Public Safety Dashboard, which will help the City and community members remain fully informed about the Plan’s progress, areas of success, and opportunities for improvement.

The City plans to build upon existing traffic safety efforts within the city and with other stakeholders.

The City recently completed a traffic calming program and Active Transportation Plan (ATP), and it plans to use the Safety Action Plan to provide a safety lens on implementation of those projects, as well as improving traffic safety citywide. The Safety Action Plan will incorporate the findings of the Kern County Council of Governments’ Local Road Safety Plan (LRSP) to ensure local and county strategies are fully aligned.

The project will be completed in one phase.

Base Phase: Pre-NEPA: Development of Comprehensive Safety Action Plan 4 of 17

3.2 Project’s Estimated Schedule.

Action Plan Schedule
Milestone Schedule Date
Planned Final Plan Publicly Available Date: 05/31/2030
Planned SS4A Final Report Date: 06/30/2030

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $980,000.00
Other Federal Funds: $0.00
State Funds: $0.00
Local Funds: $245,000.00
In-Kind Match: $0.00
Other Funds: $0.00
Total Eligible Project Cost: $1,225,000.00
(b) Cost Classification Table – For Planning and Demonstration Grants with demonstration activities and Implementation Grants Only.
[Reserved]
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.
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ARTICLE 4

CONTACT INFORMATION

4.1 Recipient Contact(s).

Paul Archer
Civil Engineer IV
City of Bakersfield Public Works Department
1501 Truxtun Ave Annex Building 2nd Floor
661-326-3350
[email protected]

4.2 Recipient Key Personnel.

Name Title or Position
Paul Archer Civil Engineer IV
Gavin Grimes Civil Engineer III
Roel Jaime Administrative Analyst
Joe Catalan Engineer I

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-42, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-493-2402
[email protected]
and
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Division Administrator – California
Agreement Officer’s Representative (AOR)
650 Capitol Mall, Ste. 4-100 - Sacramento, CA 95814-4708 916-498-5001
[email protected]
and
Mike Shami
California Division Office Lead Point of Contact
Competitive Grants Manager
650 Capitol Mall, Ste. 4-100 - Sacramento, CA 95814-4708 916-498-5853
[email protected]
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ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction.

In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. 8 of 17
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
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ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.

6.5 There are no other special grant requirements.
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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Bakersfield
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance
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ATTACHMENT B

CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank.

Scope: N/A
Schedule: The schedule times in block 6 of page one and in Article 3.2 of this agreement are different from the schedule in the application narrative and SF-424 submitted with the application materials. The schedule time frame was adjusted to align with the anticipated grant execution and schedule contingency, and to complete a thorough comprehensive safety action plan.

Budget: N/A
The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs

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ATTACHMENT C
[RESERVED]
13 of 17

ATTACHMENT D
[RESERVED]
14 of 17

ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:

X
The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.)
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The Comprehensive Safety Action Plan Project promotes robust job creation by supporting a range of high-quality, professional positions critical to improving transportation safety for all users. Robust job creation in this context refers to the development of stable, good-paying jobs that contribute directly to data-driven, community-informed planning efforts aimed at eliminating roadway fatalities and serious injuries.
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The Recipient is committed to supporting good-paying jobs by contracting with firms and professionals who adhere to strong labor standards and promote workforce development. Additionally, the Recipient supports the free and fair choice to join a union, ensuring that all planning-phase workers operate in an environment that upholds labor rights and fair working conditions.

By investing in a skilled, mission-driven workforce, the Comprehensive Safety Action Plan Project not only advances a Vision Zero framework but also reinforces access to quality employment within the transportation planning and public safety sectors.

Importantly, this planning effort serves as the foundation for a pipeline of future Capital Improvement Program (CIP) projects, such as roadway redesigns, intersection upgrades, new pedestrian and bicycle infrastructure, traffic calming installations, and signal improvements. These implementation projects— identified and prioritized through the Action Plan—will drive further robust job creation in fields such as construction, inspection, and long-term maintenance. As these capital projects move forward, they are expected to generate additional good-paying union jobs, reinforcing the plan’s long-term economic and safety impacts for the community.
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ATTACHMENT F

CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

2. Supporting Narrative.

Not applicable to the Planning Grant. This grant will not fund the purchase of Information Technology and/or Operational Technology.
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ATTACHMENT G
[RESERVED]

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: March 11, 2026
SUBJECT: Water Pipeline Crossing License Agreements with Railroad Companies along McCutchen Road

1. Agreement with Union Pacific Railroad Company (not to exceed $15,000) and

2. BNSF Railroad Company (not to exceed $3,900)
to allow construction of water pipeline along McCutchen Road (Ward 5) RECOMMENDATION:

Staff recommend approval of the Pipeline Crossing Agreements BACKGROUND:

Lennar Homes is proposing to develop a parcel of land along the north side of McCutchen Road. The project location is east of a jointly-owned Union Pacific and BNSF Railroad Track. As a condition of approval for the project, the developer is required to extend the existing water line along McCutchen Road to the west of the railroad track. Upon completion, this water pipeline will be maintained by the City of Bakersfield.

To obtain approval of the proposed improvement plans, the developer must secure an easement from both Union Pacific Railroad and BNSF Railroad. Both Railroad Companies have drafted a Pipeline Crossing License Agreement, which must be executed between the City and Railroad Companies to facilitate the necessary improvements.

The Water Department has reviewed the proposed improvement plans and agreements and is recommending the City Council approve the Pipeline Crossing License Agreements. These agreements, which outline the terms for the water pipeline installation, are necessary to ensure compliance with project conditions and to allow the developer to proceed with the required improvements.

FISCAL IMPACT:

There will be no financial impact to the City. The proposed water line will be bonded for by the developer, and the developed will pay all required fees to Union Pacific Railroad and BNSF Railroad for processing the agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Pipeline Crossing Agreement – Union Pacific

2. Pipeline Crossing Agreement – BNSF
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 September 4, 2025
Project: 0804370

CITY OF BAKERSFIELD
Re: Proposed One (1) Sixteen Inch (16") Dip Pipe Cased In A Thirty Inch (30") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 2.14 on the Sunset Railway (leased Sjvr) Subdivision at or near Bakersfield, Kern County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Review and return the partially executed agreement via email.

Payment, with Project No. 0804370 referenced, in the amount of Fifteen Thousand Dollars ($15,000.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
• ACH Routing Number = 1110-0001-2
• Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
12567 Collection Center Drive
Chicago, IL 60693
• CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0804370
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 2.14, Sunset Railway (leased SJVR) Subdivision Location: Bakersfield, Kern County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of September 4, 2025, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF BAKERSFIELD, to be addressed at 1600 Truxtun Avenue, Bakersfield, California 93301 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) sixteen inch (16") DIP pipe cased in a thirty inch (30") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Bakersfield, Kern County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated September 3, 2025, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) sixteen inch (16") DIP pipe cased in a thirty inch (30") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Fifteen Thousand Dollars ($15,000.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0804370) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179

If to Licensee:CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF BAKERSFIELD
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
X
90 90.0

36.46 0 53.54
1 50
50 5

8.25 8
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE
DIP NA
WATER
250 250

0.375 16
YES

STEEL NA
90 0.406 30
YES
SEALED
50 50

INDUSTRY OR SPUR TRACK

35.281692
-119.1012115

BAKERSFIELD KERN CA
0804370 9/3/2025

CITY OF BAKERSFIELD

NON-FLAMMABLE LIQUID

PIPELINE
✔
4557.5 722.5 22 3 2
McCutchen Rd. C/L
3862
62 38 Sunset Railway (Leased SJVR) MAINLINE 2.14112+82.5 (ES: 113+04.5) Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss; Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Tracking #25W-25565/BF-20591937
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PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ______________, 2026 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF BAKERSFIELD, a California municipality ("Licensee").

In consideration of the mutual covenants contained herein, the parties agree to the following:

GENERAL

1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) pipeline, 16 inches in diameter inside a 30 inch steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of Bakersfield, County of Kern, State of California, Line Segment 8110, Mile Post 2.37 as shown on the attached Drawing No. 95055, dated September 9, 2025, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises").

2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described.

3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements.

4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry domestic water, and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises, or using or allowing the use of the Premises for any other purpose.

5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent.

COMPENSATION

6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of recurring periodic fixed license fees) in the amount the sum of Three Thousand Nine Hundred and No/100 Dollars ($3,900.00) as compensation for the use of the Premises.

7. Costs and Expenses.

7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used.

7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Pipeline, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and Tracking #25W-25565/BF-20591937
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unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7.

7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services.

8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2- 1/2%), or (ii) the maximum rate permitted by applicable law.

LICENSOR'S RESERVED RIGHTS

9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor:

9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date;

9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or

9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above.

10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.

Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.

LICENSEE'S OPERATIONS

11. Construction and Maintenance of the Pipeline.

11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor’s representative or the Scheduling Agent at [email protected] at least ten (10) business days prior to installation of the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. Only in the event of emergency, Licensee shall notify Licensor’s Roadmaster of entry onto the Premises, at the telephone (661) 395-5111, as soon as practicable and shall promptly thereafter follow up with written notice of such entry to the email provided above.

11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises.

11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other.

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11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.

11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor.

Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Pipeline, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License.

11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner and of such material that the Pipeline will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Pipeline shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Pipeline or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof.

11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Pipeline at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder.

12. Boring and Excavation.

12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the Tracking #25W-25565/BF-20591937
- 4 - Form 424; Rev. 20200605
ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment.

Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800- 533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein.

12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof.

12.3 No wells shall be installed without prior written approval from Licensor.

12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be:

12.4.1 filled in to surrounding ground level with compacted bentonite grout; or

12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements.

LIABILITY AND INSURANCE

13. Liability and Indemnification.

13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE

ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS

INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, Tracking #25W-25565/BF-20591937
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KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART):

13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL

PROVISIONS,

13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,

13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,

13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY

OR CONTRIBUTED TO BY LICENSEE, OR

13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.

13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES

AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY

AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A

GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE

PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO

CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT

CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER

DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND

INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE

PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.

13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN

EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,

LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,

DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY

LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH

ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:

THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE

LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE

RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE.

13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT

LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,

INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.

13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.

14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,

FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK Tracking #25W-25565/BF-20591937
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OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR

THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE.

15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage:

15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at least $10,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:
 Bodily Injury and Property Damage
 Personal Injury and Advertising Injury
 Fire legal liability
 Products and completed operations
 Contractual Liability for an “Insured Contract” consistent with the definition under the standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:
 The definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor’s property;  Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;  Separation of insureds;
 The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this agreement may be included on the policy.

15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:
 Bodily injury and property damage.
 Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance:
 Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor;  Separation of insureds;
 The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.

15.3 Workers' Compensation and Employers' Liability Insurance. a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Pipeline including coverage for, but not limited to:

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 Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services under this agreement are to be performed. The policy will cover all of Licensee’s employees, regardless of whether such coverage is optional under the law of that state(s).
 Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:
 Waiver of subrogation in favor of and acceptable to Licensor.

15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following:
 Endorsed to include the Pollution Exclusion Amendment.  Endorsed to include the Limited Seepage and Pollution Endorsement.  Endorsed to remove any exclusion for punitive damages.  Endorsed to include Evacuation Expense Coverage Endorsement.  No other endorsements restricting coverage may be added.  The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy.
 The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,266.00.
 Licensee may elect to participate in Licensor's Blanket Policy;  Licensee declines to participate in Licensor's Blanket Policy.

15.5 Intentionally Deleted

15.6 Other Requirements:

15.6.1 No exclusion for punitive damages will be required in any policy beyond what is permitted or required by applicable law and the underwriting practices of Licensee’s insurers or selfinsurance pool.

15.6.2 Licensee agrees, to the extent California law allows, to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control.

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- 8 - Form 424; Rev. 20200605

15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements.

15.6.4 Licensee is allowed to self-insure without the prior written consent of Licensor for all coverages with the exception of railroad protective. If Licensor allows Licensee to selfinsure, Licensee shall directly cover any self-insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self-insured retention or other financial responsibility for claims.

15.6.5 Prior to entering the Premises or commencing any work related to the installation or subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments.

15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, nonrenewal, substitution or material alteration of any insurance requirement.

15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided.

15.6.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement.

15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage

15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License.

15.6.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s) as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement.

15.6.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License after provision of thirty (30) days written notice to Licensee. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder.

15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee’s liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License.

Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage.

Tracking #25W-25565/BF-20591937
- 9 - Form 424; Rev. 20200605

15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to BNSF.

15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, BNSF requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to BNSF.

15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services are performed under this License.

15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each.

COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS

16. Compliance with Laws, Rules, and Regulations.

16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the Pipeline and the use of the Premises.

16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation annually.

16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof.

16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License.

16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Pipeline in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right.

Tracking #25W-25565/BF-20591937
- 10 - Form 424; Rev. 20200605

17. Environmental.

17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or Hazardous Materials (as defined below) on or about the Premises.

17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in compliance with the provisions of this Section 17.2.

17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.

Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation.

17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Pipeline which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way.

17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452 any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take all reasonable actions necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities.

17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct an environmental audit, including but not limited to sampling, of the Premises through an environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense, to determine if any noncompliance or environmental damage to the Premises has occurred during occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay all expenses for any remedial or corrective action that may be required as a result of said audit to correct any noncompliance or environmental damage, and Licensee shall diligently pursue and complete all necessary work prior to termination of this License. Licensee's obligations under this Section 17.6 shall survive termination of this License.

17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License.

17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health, safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise pollution or contamination, and underground or aboveground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.

Tracking #25W-25565/BF-20591937
- 11 - Form 424; Rev. 20200605
§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.

17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including without limitation asbestos and asbestos-containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.

DISCLAIMER OF WARRANTIES

18. No Warranties.

18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED

IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.

LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH

RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN

EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,

EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER

RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S

CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE

WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD

PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY.

19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE

PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.

20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the prorata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in connection with the eviction.

LIENS AND TAXES

21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.

Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Tracking #25W-25565/BF-20591937
- 12 - Form 424; Rev. 20200605
Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License.

22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements.

DEFAULT, TERMINATION, AND SURRENDER

23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below:

23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in this License and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15.

23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of Hazardous Materials, notwithstanding anything contained in any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee.

23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity.

23.4 Licensee may terminate this License at any time by serving thirty (30) days’ written notice of termination upon Licensor. Licensor may terminate this License without cause only upon not less than six (6) months’ prior written notice to Licensee. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof.

24. Surrender of the Premises.

24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense:

24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise appropriately decommission the Pipeline with a method satisfactory to Licensor;

24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises;

24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and Tracking #25W-25565/BF-20591937
- 13 - Form 424; Rev. 20200605

24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date, or as otherwise agreed to by Licensor.

24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed.

24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the other Improvements to Licensor for no additional consideration.

MISCELLANEOUS

25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License.

26. Assignment.

26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.

26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE

LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION.

26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party Tracking #25W-25565/BF-20591937
- 14 - Form 424; Rev. 20200605
(a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License.

26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations.

27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address.

If to Licensor: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive, MOB2
Fort Worth, TX 76131
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.

Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301

28. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof.

29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record.

30. Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law provisions.

31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License.

32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, Tracking #25W-25565/BF-20591937
- 15 - Form 424; Rev. 20200605
nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties.

33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties.

34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof.

35. Interpretation.

35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein.

35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; references to any person are also to that person's successors and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time.

36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes.

37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company.

END OF PAGE – SIGNATURE PAGE FOLLOWS
Tracking #25W-25565/BF-20591937
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.

LICENSOR:

BNSF Railway Company, a Delaware corporation
By:

LICENSEE:

City of Bakersfield, a California municipality
By:

Maxar, Microsoft
DRAWING NO. 95055
TRACKING NO. 25W-25565
MAP REF. 142600
BTH

BAKERSFIELD

COUNTY OF KERN STATE OF CA
VENTS: NUMBER - SIZE - HEIGHT OF VENT ABOVE GROUND -
COATING:

WALL THICKNESS:

SPECIFICATIONS / GRADE:

PIPE MATERIAL:

CONTENTS: DOMESTIC WATER

CARRIER
PIPE

DUCTILE IRON
42,000

0.375"
-
SIZE: 16"
CASING
PIPE
STEEL
36,000

0.406"
-
30"
WORKING PRESSURE: 250 PSI

CARRIER
PIPE
LENGTH ON R/W: 70'
CASING
PIPE
70'

DESCRIPTION OF PIPELINE

PIPELINE SHOWN BOLD

CATHODIC PROTECTION
BURY: ROADWAY DITCHES
BURY: NATURAL GROUND
BURY: BASE/RAIL TO TOP
OF CASING 8.25'

8.25'

8.25'
YES
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
MP 2.37

35.281713 -119.101197
NOTE

ALL TRACKAGE AND IMPROVEMENTS IN TRACK CORRIDOR
ARE LEASED BY BF-44826 TO SAN JOAQUIN VALLEY RR CO
TOWNSHIP & RANGE:
30S , 27E
MERIDIAN: MDM
SECTION: 29
DATE: 9/9/2025
CALIFORNIA DIV.

SJVR (MOJAVE) SUBDIV.

L.S. 8110 MP: 2.37
SCALE:1 IN = 100 FT
EXHIBIT "A"
¥
70'
50' 20'
Progress Rd
McCutchen Rd

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 3, 2026
SUBJECT: Consultant agreements to provide materials testing services for calendar years 2026-2027

1. Agreement with Soils Engineering Inc. (not to exceed $750,000)

2. Agreement with BSK and Associates (not to exceed $750,000) RECOMMENDATION:

Staff recommends approval of the agreements.

BACKGROUND:

As part of the construction inspection process for the City’s Capital Improvement Program projects, various materials used in construction must be tested for compliance with the specifications. The City does not have the staff or the equipment necessary to perform these tests or analysis. Therefore, the City enters into agreements with local testing laboratory to provide the required services.

In November 2025, staff issued a request for qualifications and proposals (RFQ&P) from materials testing firms. On December 5, 2025, five firms (NV5, Inc., BSK Associates, Krazan & Associates, Soils Engineering, Inc. and DC Inspections, Inc.) submitted a statement of qualifications (SOQ) to the City. Staff reviewed the SOQ’s and the selection committee ranked the firms based on each firm’s qualifications. The City then compared the fee proposal of the top-ranked firms (Soils Engineering, Inc. and BSK Associates) with the independent cost analysis prepared by staff.

Staff recommends award of the agreement to (Soils Engineering, Inc. and BSK Associates) based on qualifications and determination the fees submitted were fair and reasonable.

FISCAL IMPACT:

The contract amount is based on an analysis of the past and projected testing levels and the pricing structure submitted by (Soils Engineering, Inc. and BSK Associates). Funding for this agreement will be paid for through the individual project budgets with varying funding sources.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement Soils Engineering, Inc.

2. Fee Schedule Soils Engineering, Inc.

3. Agreement BSK Associates

4. Fee Schedule BSK Associates

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 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 BSK and Associates a Corporation; authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR is a professional in engineering, design, or similar professional areas, and holds a professional degree(s) and license(s) in same; and WHEREAS, CONTRACTOR is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONTRACTOR; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of geotechnical and materials testing services; and
WHEREAS, the CITY does not have expertise currently on staff to conduct geotechnical and material testing services; and
WHEREAS, the CITY has issued a Request for Qualifications & Proposal, (“RFQ&P” herein) concerning providing geotechnical and material testing services for various projects for calendar years 2026 and 2027, which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, CONTRACTOR has submitted a Statement of Qualifications (“SOQ” herein), and a Fee Schedule (collectively, the SOQ and Fee schedule are referred to as “Contractor’s Proposal”) in response to the CITY’s RFQ&P, and said SOQ and Fee Schedule is attached hereto and incorporated herein as Exhibit “B”; and
WHEREAS, CONTRACTOR represents it is competent to undertake the project set forth in the CITY’s Request for Proposal.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – August 2025
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:

The scope of work shall include all items contained in the Contractor’s Proposal (see Exhibit B) and the RFQ/P (see Exhibit A). The scope of work as defined herein will include all the 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 time and materials payments not to exceed an aggregate total of $ 750,000.00 which shall be paid as in accordance with the Fee Schedule. CONTRACTOR shall submit a monthly itemized invoice summarizing the services performed during that period in accordance with the Fee Schedule.

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 Seven Hundred Fifty Thousand Dollars and No Cents ($750,000.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

4. TERMINATION. Either party may terminate this 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – August 2025
this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

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

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – August 2025
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 reference 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 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – August 2025
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. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – August 2025
Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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

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

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
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, 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – August 2025
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.

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 therefore 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – August 2025
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 licenses or professional degrees.

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

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

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States 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: _BSK ASSOCIATES ___________
_4820 Rosedale Lane________
_Bakersfield, CA 93314 ______
____________________________

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 performance of any INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – August 2025
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, provided 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 94-1633676
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”
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Updated – August 2025

CITY OF BAKERSFIELD BSK ASSOCIATES
By:________________________________

KAREN GOH
Mayor
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_______________________________
Zachary Meyer
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit _”A”
Exhibit “B”
Certificates of Insurance

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 2, 2026
SUBJECT: Consultant agreements to provide on-call construction inspection services for development projects and the Capital Improvement Program, (CIP) during calendar years 2026-2027.

1. Agreement with Meyer Civil Engineering, Inc. (not to exceed $500,000)

2. Agreement with MKN & Associates, LLP (not to exceed $500,000)

3. Agreement with MD Fick Consulting (not to exceed $500,000)

4. Agreement with Provost & Pritchard Engineering, Inc. (not to exceed $500,000 RECOMMENDATION:

Staff recommends approval of the agreements.

BACKGROUND:

To expedite the delivery of the Capital Improvement Program (CIP) and supplement the demand for inspections related to development and subdivisions, staff implemented and “on-call” inspection program in 1996. This program augments City Construction Division staff providing contract inspection services as needed for various City inspection demands. The Program has proven to be very effective in maintaining staffing to provide timely response to the City inspection responsibilities. These agreements will allow these programs to continue and are for construction inspection services for the calendar years 2026 and 2027.

In November 2025, staff issued a request for qualifications and proposal (RFQ&P) to local engineering firms. On December 5, 2025, seven firms submitted responses: New Gen Engineering, Group Inc., Meyer Civil Engineering, Inc., NV5, Inc., MKN & Associates, LLP, Accenture Infrastructure and Capital Projects, LLC, MD Fick Consulting and Provost and Prichard Engineering Group, Inc.

After reviewing the submitted statement of qualifications and based on qualifications scores of individual inspectors and comparison of submitted hourly rates with staff prepared independent cost estimates, staff recommends approval of agreements with the following firms as being the most favorable to the City.
 Meyer Civil Engineering, Inc. (four inspectors)
 MD Fick Consulting (one inspector)
 MKN & Associates, LLP (four inspectors)
 Provost and Pritchard Engineering Group, Inc. (two inspectors) FISCAL IMPACT:

The Contract amounts were based on current inspections staffing levels and projected workload. Funding for these agreements will be paid for through the individual project budgets with varying funding sources.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement - Meyer

2. Fee Schedule Meyer

3. Agreement - MKN

4. Fee Schedule MKN

5. Agreement - MD Fick

6. Fee Schedule MD Fick

7. Agreement - Provost Pritchard

8. Fee Schedule Provost Pritchard
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 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 Meyer Civil Engineering Inc. a Corporation; authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY issued a Request for Qualifications & Proposal, (“RFQ&P” herein) concerning providing construction inspection services for Public Works projects for calendar years 2026 and 2027, which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, CONTRACTOR is a professional in engineering, design, or similar professional areas, and holds a professional degree(s) and license(s) in same; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in construction inspection services for Public Works projects; and
WHEREAS, CONTRACTOR is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONTRACTOR; and WHEREAS, the CITY does not currently have enough inspectors on staff to conduct inspections on current and future Public Works projects for the City; and WHEREAS, CONTRACTOR has submitted a Statement of Qualifications (“SOQ” herein), and a Fee Schedule (collectively, the SOQ and Fee schedule are referred to as “Contractor’s Proposal”) in response to the CITY’s RFQ&P, and said SOQ and Fee Schedule are attached hereto and incorporated herein as Exhibit “B”; and
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – August 2025
WHEREAS, CONTRACTOR represents it is competent to undertake the project set forth in the CITY’s Request for Qualifications and Proposal.

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:

The scope of work shall include all items contained in CONTRACTOR’s Proposal (See Exhibit “B”) and the RFQ&P (See Exhibit “A”). CONTRACTOR’s services will 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 services under “Scope of Work” shall equal the hourly rate(s) listed on Exhibit “E” multiplied by the time spent on inspection and other related activities by individual inspector(s). 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.

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 Five Hundred Thousand Dollars and No Cents ($500,000.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

4. TERMINATION. Either party may terminate this Agreement after giving the INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – August 2025
other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

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

10. COUNTERPARTS. This Agreement may be executed in any number of INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – August 2025
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 reference 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – August 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – August 2025

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

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – August 2025
contribute with it.

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

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – August 2025
to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

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

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States 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: Meyer Civil Engineering, Inc._
11200 River Run Blvd._Ste. 102
Bakersfield CA, 93311 ______
____________________________

28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – August 2025
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 performance 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, provided 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
CONTRACTOR is a corporation? Yes 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Updated – August 2025
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD Meyer Civil Engineering, 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:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit _”A”
Exhibit “B”
Certificates of Insurance

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 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 Michael K. Nunley & Associates, LLP; a authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY issued a Request for Qualifications & Proposal, (“RFQ&P” herein) concerning providing construction inspection services for Public Works projects for calendar years 2026 and 2027, which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, CONTRACTOR is a professional in engineering, design, or similar professional areas, and holds a professional degree(s) and license(s) in same; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in construction inspection services for Public Works projects; and
WHEREAS, CONTRACTOR is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONTRACTOR; and WHEREAS, the CITY does not currently have enough inspectors on staff to conduct inspections on current and future Public Works projects for the City; and WHEREAS, CONTRACTOR has submitted a Statement of Qualifications (“SOQ” herein), and a Fee Schedule (collectively, the SOQ and Fee schedule are referred to as “Contractor’s Proposal”) in response to the CITY’s RFQ&P, and said SOQ and Fee Schedule are attached hereto and incorporated herein as Exhibit “B”; and
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – August 2025
WHEREAS, CONTRACTOR represents it is competent to undertake the project set forth in the CITY’s Request for Qualifications and Proposal.

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:

The scope of work shall include all items contained in CONTRACTOR’s Proposal (See Exhibit “B”) and the RFQ&P (See Exhibit “A”). CONTRACTOR’s services will 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 services under “Scope of Work” shall equal the hourly rate(s) listed on Exhibit “E” multiplied by the time spent on inspection and other related activities by individual inspector(s). 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.

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 Five Hundred Thousand Dollars and No Cents ($500,000.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

4. TERMINATION. Either party may terminate this Agreement after giving the INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – August 2025
other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

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

10. COUNTERPARTS. This Agreement may be executed in any number of INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – August 2025
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 reference 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – August 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – August 2025

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

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – August 2025
contribute with it.

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

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – August 2025
to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

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

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States 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: Michael K. Nunley & Associates
1800 21st ST. Suite C
Bakersfield, CA 93301
____________________________

28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – August 2025
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 performance 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, provided 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 45-5504041
CONTRACTOR is a corporation? Yes No X
(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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Updated – August 2025
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD Michael K. Nunley & Associates, LLP 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:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit _”A”
Exhibit “B”
Certificates of Insurance

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 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 MD Fick Consulting a Sole Proprietorship; authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY issued a Request for Qualifications & Proposal, (“RFQ&P” herein) concerning providing construction inspection services for Public Works projects for calendar years 2026 and 2027, which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, CONTRACTOR is a professional in engineering, design, or similar professional areas, and holds a professional degree(s) and license(s) in same; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in construction inspection services for Public Works projects; and
WHEREAS, CONTRACTOR is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONTRACTOR; and WHEREAS, the CITY does not currently have enough inspectors on staff to conduct inspections on current and future Public Works projects for the City; and WHEREAS, CONTRACTOR has submitted a Statement of Qualifications (“SOQ” herein), and a Fee Schedule (collectively, the SOQ and Fee schedule are referred to as “Contractor’s Proposal”) in response to the CITY’s RFQ&P, and said SOQ and Fee Schedule are attached hereto and incorporated herein as Exhibit “B”; and
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – August 2025
WHEREAS, CONTRACTOR represents it is competent to undertake the project set forth in the CITY’s Request for Qualifications and Proposal.

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:

The scope of work shall include all items contained in CONTRACTOR’s Proposal (See Exhibit “B”) and the RFQ&P (See Exhibit “A”). CONTRACTOR’s services will 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 services under “Scope of Work” shall equal the hourly rate(s) listed on Exhibit “E” multiplied by the time spent on inspection and other related activities by individual inspector(s). 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.

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 Five Hundred Thousand Dollars and No Cents ($500,000.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

4. TERMINATION. Either party may terminate this Agreement after giving the INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – August 2025
other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

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

10. COUNTERPARTS. This Agreement may be executed in any number of INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – August 2025
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 reference 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – August 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – August 2025

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

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – August 2025
contribute with it.

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

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – August 2025
to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

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

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States 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: MD Fick Consulting _________
4900 Polo Club Drive _______
Bakersfield, CA 93312_______
____________________________

28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – August 2025
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 performance 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, provided 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 571-65-6823
CONTRACTOR is a corporation? Yes No X
(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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Updated – August 2025
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD MD FICK Consulting
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:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit _”A”
Exhibit “B”
Certificates of Insurance

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – August 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 Provost & Pritchard Consulting Group a Corporation; authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY issued a Request for Qualifications & Proposal, (“RFQ&P” herein) concerning providing construction inspection services for Public Works projects for calendar years 2026 and 2027, which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, CONTRACTOR is a professional in engineering, design, or similar professional areas, and holds a professional degree(s) and license(s) in same; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in construction inspection services for Public Works projects; and
WHEREAS, CONTRACTOR is required and does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the CONTRACTOR; and WHEREAS, the CITY does not currently have enough inspectors on staff to conduct inspections on current and future Public Works projects for the City; and WHEREAS, CONTRACTOR has submitted a Statement of Qualifications (“SOQ” herein), and a Fee Schedule (collectively, the SOQ and Fee schedule are referred to as “Contractor’s Proposal”) in response to the CITY’s RFQ&P, and said SOQ and Fee Schedule are attached hereto and incorporated herein as Exhibit “B”; and
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – August 2025
WHEREAS, CONTRACTOR represents it is competent to undertake the project set forth in the CITY’s Request for Qualifications and Proposal.

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:

The scope of work shall include all items contained in CONTRACTOR’s Proposal (See Exhibit “B”) and the RFQ&P (See Exhibit “A”). CONTRACTOR’s services will 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 services under “Scope of Work” shall equal the hourly rate(s) listed on Exhibit “E” multiplied by the time spent on inspection and other related activities by individual inspector(s). 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.

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 Five Hundred Thousand Dollars and No Cents ($500,000.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

4. TERMINATION. Either party may terminate this Agreement after giving the INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – August 2025
other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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

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

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

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

10. COUNTERPARTS. This Agreement may be executed in any number of INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – August 2025
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 reference 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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – August 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – August 2025

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

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

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
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – August 2025
contribute with it.

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

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – August 2025
to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

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

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States 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: Provost & Pritchard Consulting Group
1518 Mill Rock Way, Suite 100
Bakersfield, CA 93311
____________________________

28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – August 2025
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 performance 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, provided 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 94-2187078
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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Updated – August 2025
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD Provost & Pritchard Consulting Group 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:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit _”A”
Exhibit “B”
Certificates of Insurance

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: March 4, 2026
SUBJECT: Agreement with Provost and Pritchard Engineering Group, Inc dba Provost and Pritchard ConsultingGroup
(not to exceed $257,000) for Street Improvements along E. Belle Terrace from Dr. Martin Luther King Jr. Blvd to Washington Street. (Ward 1, 2)
RECOMMENDATION:

Staff recommends the approval of the agreement.

BACKGROUND:

The area along East Belle Terrace from Dr. Martin Luther King Jr Blvd to Washington Street has recently been annexed to the City of Bakersfield. The City is acquiring the necessary right-of-way along this stretch of roadway, so the roadway can be built, and the roadway network can be connected to allow eastboundwestbound travel between Mt. Vernon Avenue and Dr. Martin Luther King Jr. Blvd.

The purpose of this project is to construct full-width roadway improvements along E. Belle Terrace from Dr. Martin Luther King Jr Blvd to Washington Street. The project will include new curb & gutter, sidewalk, pavement, street lighting, storm drain improvements, pavement striping & markings, traffic signal modifications, and various other improvements to construct a full width collector roadway to meet current City standards.

The City issued a Request for Proposal to firms already prequalified and part of the Public Works Department’s Library of Consultants. The firms targeted were those qualified under Transportation and Civil Engineering with relevant experience in roadway improvements. Public Works staff determined Provost & Pritchard was the most qualified firm for this project. Based on the firm’s qualifications and fee proposal being favorable to the City, staff recommends award of the design consultant agreement to Provost & Pritchard.

Design funding was previously approved. Construction funding is being requested as part of the FY 2026- 2027 budget cycle.

FISCAL IMPACT:

The design for this project is fully funded through Public Safety and Vital Services (PSVS) funds. There are sufficient funds available for the award of this design consultant agreement to cover the design phase.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Agreement

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: March 3, 2026
SUBJECT: Final Map and Improvement Agreement with Deertrail Abbey Court 1, LLC for Tract 7152, Phase 3.

Developer is requesting to enter into an agreement so the final map for Tract 7152 Phase 3 located at the northeast corner of South Fairfax Road and East Wilson Road, can be approved and recorded (Ward 1).

RECOMMENDATION:

Staff recommends approval of the Final Map and Improvement Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map7152 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 being subdivided. If these improvements are not completed when the developer, Deertrail Abbey Court 1, LLC, 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 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 responsibilities 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 bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Tract 7152-3 – Final Map

2. Tract 7152-3 – Improvement Agreement

3. Tract 7152-3 – Vicinity Map

4. Tract 7152-3 – Covenants

PROJECT
SITE

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost, Technology Services Director
DATE: March 10, 2026
SUBJECT: Amendment No. 3 to Agreement No. 2022-256 with Darktrace Holdings Limited ($488,236.97; revised not to exceed $1,191,509.92)
for additional licenses
RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

Darktrace Holdings Limited provides applications to support cybersecurity detection and monitoring on the City’s technology infrastructure. Darktrace’s application is configured specifically for the City’s network and data to understand what is normal and what to identify as high-risk, anomalous activity across our systems. This enables it to detect and signal a threat or cyberattack.

In November 2022, the City entered into Agreement 2022-256 for $430,000 to purchase Darktrace Network Security Artificial Intelligence to actively monitor and detect cybersecurity threats across City systems and networks. Amendment 1 increased compensation not to exceed $465,076.40 for fees and additional taxes for 2 additional years. Amendment 2 increased this compensation not to exceed $1,137,924.84 and extended term.

The city now wishes to purchase additional licenses for the remainder of the term for an amount not to exceed $1,191,509.92 to be paid as listed below.
 $14,614.11 March 2026
 $236,811.43 December 2026
 $236,811.43 December 2027
These tools provide added protection against account takeover and attacks using stolen credentials.

FISCAL IMPACT:

Funding for this purchase is budgeted within the Fiscal Year 2025-26 budget for the Equipment Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Darktrace Amendment 3 to 2022-256

2. Summary
AGREEMENT NO. __________________
AMENDMENT NO. [3] TO
AGREEMENT NO. 2022-256
This AMENDMENT NO. 3 TO AGREEMENT NO. 2022-256 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and DARKTRACE HOLDINGS LIMITED a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, On November 16, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-256 for Network Security Artificial Intelligence Software and Equipment, with a total compensation amount not to exceed Four Hundred Thirty Thousand Dollars ($430,000.00); and
WHEREAS, On April 12, 2023, the CITY and CONTRACTOR entered into Agreement No. 2022-256(1) to increase the total compensation amount by Thirty-Five Thousand, Seventy-Six Dollars and Forty Cents ($35,076.40), bringing the not to exceed total to Four Hundred Sixty-Five Thousand, Seventy-Six Dollars and Forty Cents ($465,076.40). The additional funds accounted for additional taxes and fees for Year Two (2) and Year Three (3) of the agreement term; and WHEREAS, On May 28, 2025, the CITY and CONTRACTOR entered into Agreement No. 2022-256(2) to lengthen the term of the agreement and purchase additional software, increasing the compensation amount by Six Hundred Seventy-Two Thousand, Eight Hundred Forty-Eight Dollars and Forty-Four Cents ($672,848.44), bringing the total not to exceed amount to One Million, One Hundred Thirty-Seven Thousand, Nine Hundred Twenty-Four Dollars and Eighty-Four Cents ($1,137,924.84); and
WHEREAS, the parties desire to amend Agreement No. 2022-256 for the purchase of One Thousand (1,000) additional Network IP licenses and Five Hundred (500) additional Identity User licenses. This purchase increases the total compensation amount by Fifty-Three Thousand, Five Hundred Eighty-Five Dollars and Seven Cents ($53,585.07) as detailed in Exhibit F, attached hereto and incorporated herein; and
WHEREAS, CITY and CONTRACTOR have agreed to the purchase of additional licenses, bringing the total Darktrace NETWORK licenses to Six Thousand (6,000) and the total Darktrace IDENTITY licenses to Two Thousand, Five Hundred (2,500). The purchase of these additional licenses brings the total Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 compensation amount to One Million, One Hundred Ninety-One Thousand, Five Hundred Nine Dollars, and Ninety-Two Cents ($1,191,509.92).

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

1. Section 1 of Agreement No. 2022-256 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: assist in the implementation of Darktrace Enterprise Immune System, (2) two medium appliances, (1) one large appliance, (9) nine V-Sensors, (1) one Antigena Network Software, (6,000) Darktrace NETWORK licenses, (2,500) Darktrace IDENTITY licenses, with installation and training services as detailed in Exhibit B, Exhibit E and Exhibit F attached hereto and incorporated herein and subject to the supplemental terms and conditions set forth in Exhibit C attached hereto and incorporated 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. Section 2 of Agreement No. 2022-256 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

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

A total lump sum payment of $1,194,172.93 made in eight (8) installments after the Scope of Work is completed to CITY's satisfaction per Exhibit A, Exhibit D, Exhibit E and Exhibit F, such satisfaction not to be unreasonably withheld or delayed, which is attached hereto and incorporated by herein as
follows:
$143,208.00 December 2022
$160,934.20 December 2023
$160,934.20 December 2024
$20,870.60 July 2025
$217,325.95 December 2025
$14,062.02 April 2026
$238,418.98 December 2026
$238,418.98 December 2027
Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 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, such approval not to be unreasonably withheld or delayed. 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 Million, One Hundred Ninety-Five Thousand Dollars
($1,195,000.00) for performing the Scope of Work.

3. Except as amended herein, all provisions of Agreement No. 2022- 256 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2022-256 to be executed the day and year first above written. “CITY” “CONTRACTOR”

CITY OF BAKERSFIELD DARKTRACE HOLDINGS LIMITED
By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:___________________________
APPROVED AS TO CONTENT:

TECHNOLOGY SERVICES DEPARTMENT
By:____________________________ Attachments:

GREGORY PRONOVOST Exhibit F – Darktrace Quote Q-245964
Technology Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Rachel Elias-Jones
Financial Director
[DTL1]
[DTL1]
City of Bakersfield + Darktrace
Addition: /NETWORK + /IDENTITY true-ups
• Commence: 4/1/2026 – 11/30/2028
• Term: 32 months
o Please note: This will co-term with existing contract • Subscription increases:
o Add 1,000 IPs for Darktrace/NETWORK
▪ Current license: 5,000
▪ After addition: 6,000
o Add 500 users for Darktrace/IDENTITY
▪ Current license: 2,000
▪ After addition: 2,500
• Annual Addition Cost: $19,485.48
o Total Annual Savings: $6,495.16
Invoicing Schedule:

EXHIBIT F Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Customer Name: City of Bakersfield Quote Ref: Q-245964
Shipping Address:
1600 Truxtun Ave
Bakersfield, 93301
United States
Date Prepared: 16/02/26
Invoice Address:
1600 Truxtun Ave
Bakersfield, California
93301 United States
Expiry Date: 30/03/26
Email:
cdorroh@bakersfieldcity.
us
Master Contract Number:

Email for Invoice Submission:
technology_services@bak
ersfieldcity.us
Attn: Chris Dorroh
Tax ID/ Business
Registration/VAT No:

Darktrace Offering
Platform Products
Darktrace / NETWORK
DT-PLPD-NE
901-1000 32 01/04/26 30/11/28 13,386.07 35,696.19
Darktrace / IDENTITY
DT-PLPD-ID
451-500 32 01/04/26 30/11/28 6,099.41 16,265.09
Product/Services
Description
SKU
Code
Quantity
Term
(Months)
Start
Date
End
Date
Annual Customer
Price (USD)
Extended Customer
Price (USD)
Total(USD) 51,961.28
EXHIBIT F Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Payment Schedule
Invoice Date From To Amount (USD)
01/04/2026 30/11/2026 12,990.32
01/12/2026 30/11/2027 19,485.48
01/12/2027 30/11/2028 19,485.48
TCV (Sum of) (USD) 51,961.28
01/04/2026
01/12/2026
01/12/2027
EXHIBIT F Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Terms & Conditions
1 The Usage Metrics set out in the above Offering Table are in the aggregate not in addition to any prior orders. In the event of conflict with any prior order the Usage Metrics set out above are determinative. 2 By signing this Product Order Form issuing a purchase order referencing this Product Order Form or otherwise accessing or using the Offering the Customer's use of the Offering shall be subject to the Darktrace Master Services Agreement included in the Appliance which can also be found at: https://www.darktrace.com/resources/legal-online-terms.pdf (Agreement). 3 This Product Order Form is supplementary to Product Order Form No. 192975-202504-16-1037949 (the “Prior Order”), as previously agreed between the parties, the terms of which shall continue to apply, to the extent such terms do not contradict those contained herein and will l update the Offering to increase the Usage Metrics for Darktrace / NETWORK and Darktrace / IDENTITY by the Usage bands set out in the above Offering table for the remainder of the Term. 4 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Darktrace Master Services Agreement or the Prior Order between the parties (together the “Agreement”). Except as expressly modified hereby, all other terms of the above referenced Product Order Form and Agreement will remain in full force and effect without modification. This Amendment may be executed in any number of counterparts and by different parties in separate counterparts. Transmission of the executed counterpart of this Amendment by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this Amendment.
5 Darktrace / NETWORK features core ActiveAI Security Platform capabilities to secure network environments: Real Time Detection, Autonomous Response, Cyber AI Analyst and Technical Support. Use of Darktrace / NETWORK is limited to within the IP Count band specified in the Usage Band column above (“Usage Metrics”). For such purposes, “IP Count” is calculated by taking the peak unique IP address values (with VLANs differentiated) in any 24-hour period in the last 28 days. Should Usage Metrics be exceeded additional Fees shall be payable.
6 Darktrace / IDENTITY features core ActiveAI Security Platform capabilities to secure users: Real Time Detection, Autonomous Response, Cyber AI Analyst and Technical Support. Darktrace /IDENTITY supports the following applications: Microsoft 365, Google Workspace, Salesforce, Box, Dropbox, Slack, Zoom, Duo, Okta, Egnyte, Jump Cloud, Asana, Cloudflare, Hubspot, NetSuite. Use of Darktrace / IDENTITY is limited to within the band of Active Users specified in the Usage Band column above (“Usage Metrics”). For the purposes of Darktrace / IDENTITY, an “Active User” consists of any object which can perform actions that are then reported by the API/logging of the 3rd-party product including but not limited to 3rd-party user accounts 3rd-party apps and other 3rd-party identities. The number of Active Users is calculated by taking the peak number of Active Users over all configured and applicable modules within Darktrace / IDENTITY seen over a 28-day period. Should Usage Metrics be exceeded additional Fees shall be payable. 7 The Offering is made available on the basis of the relevant Product Specification Service Definition or other technical documentation (as applicable). Product Specifications and Service Definitions are found at: https://darktrace.com/legal/product-specifications-andservice-definitions whilst other technical documentation can be found via the Customer Portal. 8 If Customer requires a purchase order it must be sent at the time of acceptance of this Product Order Form and be for the full contract value. If it is not received Darktrace shall be entitled to invoice without it. 9 Fees are exclusive of any applicable sales tax goods and services tax withholding tax or VAT. Fees will be invoiced annually in advance.

Payment terms Net 30 .
10 Acceptance of this Product Order Form is expressly limited to the terms of Darktrace's offer. Once accepted the terms and conditions of this Product Order Form and the Agreement will be the complete and exclusive statement of the agreement between the parties.

Any modifications proposed by Customer are expressly rejected by Darktrace and shall not become part of the Agreement in the absence of Darktrace’s written acceptance.
11 This Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement.

Transmission of the executed counterpart of this Product Order Form by email (in PDF JPEG or other agreed format) shall take effect as delivery of an executed counterpart.
12 Any Darktrace platform line pricing is conditional on all of the subscriptions being purchased and is offered on a combined basis, and as such, will be invoiced as a single subscription line on relevant invoice(s).

EXHIBIT F Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 For Customer: For Darktrace:

Signature: \s1\ Signature: \s3\
Name: Chris Dorroh Name:

Job Title: Technology Systems Supervisor Job Title:

Signature Date: \d1\
("Effective Date")
Signature Date: \d3\
("Effective Date")
EXHIBIT F Docusign Envelope ID: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Certificate Of Completion
Envelope Id: 9647933F-A9B6-4A96-807B-B2F2E86E6EA0 Status: Completed Subject: Complete with Docusign: Darktrace Amendment 3 to 2022-256- FINAL.pdf Source Envelope:

Document Pages: 8 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
3/11/2026 9:27:42 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: Docusign Signer Events Signature Timestamp
Rachel Elias-Jones
[email protected]
Financial Director
Darktrace Holdings Limited
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 85.255.235.217
Signed using mobile
Sent: 3/11/2026 12:29:58 PM
Viewed: 3/11/2026 2:31:08 PM
Signed: 3/11/2026 2:31:23 PM
Electronic Record and Signature Disclosure:

Accepted: 3/11/2026 2:31:08 PM
ID: 23e1995b-87e1-48c1-878b-742547a2aca1
Gregory Pronovost
[email protected]
Technology Services Director
City of Bakersfield, Technology Services Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.46.226.5
Sent: 3/11/2026 2:31:25 PM
Viewed: 3/11/2026 3:07:14 PM
Signed: 3/11/2026 3:07:20 PM
Electronic Record and Signature Disclosure:

Accepted: 3/11/2026 3:07:14 PM
ID: 0e82ade2-bece-4d6f-a2d1-b965b3a255be
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Veronica Piedrahita
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/11/2026 12:29:59 PM
Electronic Record and Signature Disclosure:

Accepted: 3/11/2026 12:29:02 PM
ID: 3ae013f1-d497-479a-b013-248784985886
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/11/2026 12:27:57 PM
Certified Delivered Security Checked 3/11/2026 3:07:14 PM Signing Complete Security Checked 3/11/2026 3:07:20 PM
Completed Security Checked 3/11/2026 3:07:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gregory Pronovost
DATE: March 19, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2025-210 with HP, Inc. Managed Print Services (adding equipment model only)
to add additional printer model to coverage
RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

In November of 2025 Technology Services entered into a five (5) year agreement with HP Inc., Managed Print Services to streamline the support, repair, maintenance and replacement and toner/ink replenishment of the city’s printer fleet. This amendment is to include an additional printer model to that service and support schedule.

FISCAL IMPACT:

Funds are budgeted in Fiscal Year 2025-26 through the Equipment Fund COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Docusign Routing Form

2. Amended Agreement
AGREEMENT NO. __________________
AMENDMENT NO. [1] TO
AGREEMENT NO. 2025-210
This AMENDMENT NO. 1 TO AGREEMENT NO. 2025-210 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and Hewlett-Packard Incorporated dba HP INC. a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CITY and CONTRACTOR entered into Agreement No. 2025-210 on November 19, 2025 in an amount not to exceed Five Hundred Thousand Dollars ($ 500,000) with a term ending December 30, 2030 to provide managed print services for printers at various CITY locations, which includes both provision of services and necessary products for the ongoing maintenance and use of the CITY printers; and
WHEREAS, the parties desire to amend Agreement No. 2025-210 to include an additional printer model in our HP Managed Print Services and Support Schedule; and
WHEREAS, CITY and CONTRACTOR have agreed to add the additional printer type to the supported list of printer models for maintenance services and purchase of necessary products.

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

1. Section 1 of Agreement No. 2025-210 entitled “Scope of Work” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: Full MSS includes toner/ ink cartridges, maintenance kits, parts and repairs for the CITY’s various HP printers as outlined in Exhibit A and Exhibit C attached hereto and incorporated herein. The service shall be governed by various service terms and
conditions set forth in Exhibit B attached hereto and
incorporated herein (collectively, the “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.

Docusign Envelope ID: 3F221060-E471-48E8-A3EB-565F9014E2D0

2. Section 2 of Agreement No. 2025-210 entitled “Compensation/ Payment Procedure” is hereby amended to read as follows:

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

In accordance with the rates as shown on the pricing
schedule in the HP Maintenance Services and Support
Schedule- Managed Cartridge Billing in Exhibit A and
Exhibit C.

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 $500,000 for performing the
Scope of Work.

3. Except as amended herein, all provisions of Agreement No. 2025-210 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2025-067 to be executed the day and year first above written. “CITY” “CONTRACTOR”

CITY OF BAKERSFIELD HP INC
By:____________________________ By:_________________________________

KAREN GOH STEVE CARTER
Mayor Director of HP, NA Pursuit
Docusign Envelope ID: 3F221060-E471-48E8-A3EB-565F9014E2D0 APPROVED AS TO CONTENT:

TECHNOLOGY SERVICES DEPARTMENT
By:____________________________

GREGORY PRONOVOST
Director of Technology Services
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
Attachments(s): Exhibit C - HP Change Order to HP Managed Print Services and Support Schedule Docusign Envelope ID: 3F221060-E471-48E8-A3EB-565F9014E2D0

EXHIBIT C
Docusign Envelope ID: 3F221060-E471-48E8-A3EB-565F9014E2D0

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreement TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: March 4, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2025-176 for Community Connectors with Be Finally Free
to extend agreement terms from March 31, 2026, to August 30, 2026.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On September 10, 2025, the City entered into Agreement No. 2025-178 with Be Finally Free to implement the Community Connectors (CC) program in Old Town Kern, which is part of the City’s efforts to reduce homelessness, connect individuals with immediate services, and promote public safety and community resilience.

This amendment would extend the term of the agreement from March 31, 2026, to August 30, 2026, to enable Be Finally Free to fully expend funds budgeted for this project and provide a full 12 months of services.

FISCAL IMPACT:

No Fiscal Impact. Funds were budgeted in Fiscal Year 2025-26 and no increase to compensation is being requested.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Amendment

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: March 10, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2024-123 with Accelerated Environmental Services Inc.
($350,000; revised not to exceed $500,000 and extend the term by one year) to provide industrial cleaning services for the Wastewater Division.

RECOMMENDATION:

Staff recommends approval of amendment.

BACKGROUND:

The Wastewater Division requires industrial cleaning services beyond the expertise of City Staff. These services include, but are not limited to, cleaning out vessels and tanks in confined spaces such as dissolved air flotation thickener units, aeration basins, septage pits; flushing grease tanks and grease receiving equipment; changing granular media in Sulfatreat vessels; and jetting centrate and sewer pipelines.

On May 22, 2024, the City entered into Agreement No. 2024-123 for On-Call Industrial Cleaning Services for the Wastewater Division. On May 28, 2025, the City executed Amendment No. 1 to Agreement No. 2024-123, extending the term of the agreement by one year. Since execution of the agreement, the Division has completed a variety of industrial cleaning projects, including cleaning of the septage pit and grease tanks, removal of debris from the grit vortex tanks, cleaning of the biofilter pit, and cleaning of both truck scale pits at the dewatering facility.

Due to continued and increasing demand for these services, staff recommend exercising the one-year renewal option and increasing compensation by $350,000, for a revised total contract amount not to exceed $500,000.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund for this amendment, therefore, there is no impact to the City General Fund associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 2

2. Exhibit B

P.O. Box 398 Taft, CA 93268
(661)765-4003 Office • (661)843-1004 Fax
March 2, 2026
City of Bakersfield
To Whom It May Concern:

Accelerated Environmental Services, Inc. would like to thank you for the opportunity to provide this proposal as a qualified contractor for industrial services for the City of Bakersfield. Below please fin the scope of work and estimated prices for public work projects.

SCOPE OF WORK
Accelerated Environmental Services, Inc. shall have qualified staff, equipment, and material to complete Sulfa treat media change out, septage pit cleaning, grease tank and grease receiving equipment cleaning.

Note: The hardness of the media in the sulfa treat vessels will determine the amount of time to clean the vessel. Any additional work outside the proposed work and any delays out of AES, Inc. control will be charged at T&M rates (rates attached to proposal).

Rates for Public Works:

Until June 30, 2026 July 1, 2026
PW Tier II Rescue Technician $ 91.50 $ 91.50
PW Heavy Equipment – Vac, Crane $111.50 $116.50
PW Certified Confined Space Entry $ 91.50 $ 91.50
PW Labor Group 1 $ 91.50 $ 91.50
These are the ST rates, OT and DT rates will be billed accordingly.

We want to thank you for your consideration and look forward to talking with you soon. Please do not hesitate to contact me with any questions or if I can be of further assistance.

Cordially,
Savonna Wilke
Labor S/T O/T D/T
Project Site Manager $80.00 $120.00 $160.00
General Foreman $65.00 $97.50 $130.00
Working Foreman $55.00 $82.50 $110.00
Safety Manager $55.00 $82.50 $110.00
Craftsman (CM) $45.00 $67.50 $90.00
Technician $40.00 $60.00 $80.00
Compliance Technician $65.00 $97.50 $130.00
Tier II Rescue Technician $60.00 $90.00 $120.00
Equipment Operator $55.00 $82.50 $110.00
Certified Crane Operator $55.00 $82.50 $110.00
Certified ASME Welder $55.00 $82.50 $110.00
Equipment Operator Haz Waste Hauling $65.00 $97.50 $130.00 Labor Tank Division
Tank Project Site Manager $80.00 $120.00 $160.00
Tank General Foreman $65.00 $97.50 $130.00
Tank Working Foreman $55.00 $82.50 $110.00
Tank Safety Manager $55.00 $82.50 $110.00
Tank Specialist/CM/Tech $45.00 $67.50 $90.00
Sand Pot with Trailer, Hoses, Nozzles $450.00 - -
LDAR - Leak Detection & Repair Services $115.00 $172.50 $230.00 L-Project Manager $85.00 $127.50 $170.00
Leak Detection & Repair -Includes: WF, Truck, &
TVA $85.00 $127.50 $170.00
Hi Flow Sampler Technician $74.00 $111.00 $148.00
Tagging & Inventory Tech $130.00 $195.00 $260.00
Field Technician w/IR Camera $65.00 $97.50 $130.00
Computer Technician $65.00 $97.50 $130.00
Gaskets Cost Plus 10%
NOTE: All materials and outside services will be billed at cost plus 10% Call outs are billed 4 hour minimum at OT rates
Travel rates are charged from portal to portal
All out of town expenses are paid in per diem according to the GSA plus room cost Fuel Charges will apply portal to portal, See Surcharge below Over the road/Hauling off sight fuel rates Mile $ 0.90
Response trailer, day rate + material used Day $ 555.00 Tier II Rescue Equipment Pack Day $ 555.00
Fresh Air Trailer w/Cylinders Day $ 220.00
City of Bakersfield
2026
Air Refills on Fresh Air Trailer Each $ 25.00
Respiratory Protection
Respiratory Cartridges Cost Plus 10%
Monitoring Equipment
H2S/4-way/LEL Day $ 36.00
Eagle Dragger Gas Meter Day $ 60.00
Personal Monitors Day $ 4.00
Hydro Blasting Equipment
Hydro Blaster/15,000 psi/11-21 gpm Hour $ 175.00
Hydro Blaster/20,000 psi/10 gpm Hour $ 235.00
Hydro Blaster/36,000 psi/8 gpm Quote per Day
Hydro Blaster/40,000 psi Quote per Day
Interior Cleaning Equipment
Flex Snake 3-way Valve Hand Lance Hour $ 13.50
ID. Auto Tube Lance (2 Lances) Hour $ 27.00
Equipment
Guzzler Truck Hour $ 115.00
Liquid Ring Guzzler Hour $ 150.00
Vacuum Truck (120) Hour $ 35.00
Vacuum Truck (70) Hour $ 35.00
Vacuum Truck (Haz Material) Hour $ 50.00
Roper Pump Hour $ 25.00
Wench Truck Hour $ 55.00
Water Charge Per Load $ 35.00
Roll Off Truck Hour $ 55.00
Pipe and Hose
6" Cana Flex Hose (Hot Materials) Day $ 30.00
6" Hard Pipe (10ft Joints) Each $ 10.75
6" HDPE (Plastic Flex Hose) Per Foot $ 3.00
4" HDPE (Plastic Flex Hose) Per Foot $ 2.00
Supplemental Equipment
Light Plant Day Cost Plus 10%
Explosion Proof Light Day $ 125.00
Exhaust Fan Day $ 58.00
5K Generator Day $ 100.00
Rivet Buster Day $ 70.00
Air Jig Saw (Plus Blades) Day $ 40.00
Whitney Punch Day $ 40.00
Vacuum Box (Seam Tester) Day $ 65.00
Steam Cleaner Day $ 240.00
500 Gallon Water Truck Day Cost Plus 10%
2000 Gallon Water Truck Per Hour $ 40.00
4000 Gallon Water Truck Per Hour $ 55.00
Pipe Dolly Day $ 55.00
Forklift Day Cost Plus 10%
Welding Truck w/Tools Per Hour $ 22.00
Certified Man Basket Day $ 100.00
1 Ton Crew Truck w/Tools Per Hour $ 20.00
1/2 Ton Pick Up Per Hour $ 18.00
15 Ton (Deregulated) Hydro Crane Per Hour $ 45.00
17 Ton Hydro Crane Per Hour $ 65.00
Scaffolding 5 x 5 tier Each/Per Day $ 100.00
185 - 200 CFM Air Compressor Day $ 225.00
85 CFM Air Compressor Day $ 100.00
400 CFM Air Compressor Day $ 350.00
Tyveks Each $ 13.00
Rubber Gloves Each $ 8.00
FR Apparel Each $ 7.00
Roll off Bins
20 Yard Each/Per Day $ 20.00
40 yard Each/Per Day $ 20.00
25 Yard Vac Bin Quote $ -
500 bbl./21k gal Frac Each/Per Day $ 27.50
20' box van Per Hour $ 90.00
California Gasoline and Diesel Retail Prices
Least Less than Rate
$0.01 $3.50 0.00%
$3.50 $4.50 10.00%
$4.50 $5.50 15.00%
$5.50 $6.50 20.00%
$6.50 $7.50 25.00%
$7.50 $8.50 30.00%
Contact Information:

John Neumann - President 661-577-6837
Travis Neumann - Project Mgr. 661-623-2212
Bill Cox - Project Manager 661-699-3788
Savonna Wilke - Business Manager 661-342-2743
ADDRESS:

PO Box 398
Taft, CA 93268
661-765-4003 Office
Contractors License: 890769
Aes, Inc. requests all efforts to keep this rate sheet confidential Fuel Surcharge

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: March 10, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2024-088 with MJS Solutions, LLC. ($40,000; not to exceed $160,000 and extend term to April 25, 2027) to continue commercial cleaning services at the Bakersfield Animal Care and Animal Control Centers.

RECOMMENDATION:

Staff recommends approval of this amendment.

BACKGROUND:

The Bakersfield Animal Care Center. and Animal Control Center located at 201 S. Mt. Vernon are Cityowned facilities for the purpose of providing animal care services to the City’s residents. These facilities require weekly cleaning to maintain a clean environment, for the safety of both the staff and the animals.

On April 25, 2023, City and Contractor entered into Agreement No. PD23-016 with MJS Solutions, LLC. for a total compensation of $40,000 and a term date of April 25, 2024, to provide commercial cleaning services for the following locations:

1. Animal Care Admin Center, Medical Building, Kennel E and Trailer

2. Animal Control Entry Area, Private Offices, Open Work Areas, Break Rooms and Restrooms
On April 10, 2024, City and Contractor amended Agreement No. PD23-016 and entered into Agreement No. 2024-088 to increase the compensation by $40,000, for a new not to exceed amount of $80,000 and extended the term date to April 25, 2025.

On April 23, 2025, City and Contractor amended Agreement No. 2024-088 to increase the compensation by $40,000, for a new not to exceed amount of $120,000 and extended the term date to April 25, 2026.

The City now desires to amend Agreement No. 2024-088 for a second time to extend the term date to April 25, 2027, and increase compensation by $40,000 for a new not to exceed amount of $160,000, to continue the commercial cleaning services for the Bakersfield Animal Care and Animal Control Centers.

FISCAL IMPACT:

Funds for services are within the Bakersfield Police Departments and budgeted within Fiscal year 2025-26 and planned to be in Fiscal year 2026-27.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Amendment No. 2 to Agreement No. 2024-088 and Updated Exhibit Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Stephanie Hill
CFO
Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77 Docusign Envelope ID: E312C6B1-238B-4800-B4D3-F6CFDB61FA77

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan
DATE: March 10, 2026
SUBJECT: Amendment No. 5 to Agreement No. 2022-029 with Safeway Sign Company (increase compensation by $100,000; revised not to exceed $565,112.42) to continue the supply of traffic signs.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

On February 23, 2022, the City Council approved the annual contract for the supply of traffic signs with Safeway Sign Company, in the amount of $199,992.42; renewable annually thereafter for four consecutive one-year periods.

This contract is primarily used by the Public Works Department’s General Services Division.

Per the terms of the contract, amendments increasing the contract and/or extending the contract have been approved as follows:
• Amendment 1 approved February 2, 2023; increase of $97,560 and extended term one year to February 22, 2024.
• Amendment 2 approved February 14, 2024; increase of $97,560 and extended term one year to February 22, 2025.
• Amendment 3 approved February 12, 2025; increase of $20,000 and extended term one year to February 22, 2026.
• Amendment 4 approved February 11, 2026; increase of $50,000 and extended term one year to February 22, 2027
Currently, there is $73,808 remaining on the contract. If approved, Amendment No. 5 will increase compensation by $100,000 for a revised not to exceed amount of $565,112.42 to allow the continuance of supplying traffic signs to the term date of February 22, 2027.

FISCAL IMPACT:

Funds are budgeted in the General Fund for this contract.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Signed Amendment No. 5 to Agreement No. 2022-029
-- Page 1 of 3 Pages --
AGREEMENT NO. 2022-029(5)
AMENDMENT NO. [5] TO
AGREEMENT NO. 2022-029
THIS AMENDMENT NO. 5 TO AGREEMENT NO. 2022-029 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and SAFEWAY SIGN CO. (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on February 23, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-029 in the amount of $199,992.42 for the supply of traffic signs; and
WHEREAS, On February 2, 2023, Council approved Amendment No. 1 to Agreement No. 2022-029 to extend the term by one year and increase compensation by $97,560 to allow the continuance of supplying traffic signs.

WHEREAS, On February 14, 2024, Council approved Amendment No. 2 to Agreement No. 2022-029 to extend the term by one year and increase compensation by $97,560 to allow the continuance of supplying traffic signs.

WHEREAS, On February 12, 2025, Council approved Amendment No. 3 to Agreement No. 2022-029 to extend the term by one year and increase compensation by $20,000 to allow the continuance of supplying traffic signs.

WHEREAS, On February 11, 2026, Council approved Amendment No. 4 to Agreement No. 2022-029 to extend the term by one year and increase compensation by $50,000 to allow the continuance of supplying traffic signs.

WHEREAS, the parties desire to enter into Amendment No. 5 to Agreement No. 2022-029 to increase compensation by One-Hundred Thousand Dollars ($100,000) for a new not-to-exceed amount of Five Hundred Sixty-Five Thousand One Hundred Twelve Dollars and 42/100 ($565,112.42) to allow the continuance of supplying traffic signs.

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

1. Section 2 of Agreement No. 2022-029 entitled “COMPENSATION” is hereby amended to read as follows:
-- Page 2 of 3 Pages --

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

A total, aggregate payment NOT TO EXCEED FIVE HUNDRED SIXTYFIVE THOUSAND ONE HUNDRED TWELVE DOLLARS AND 42/100 ($565,112.42) based on a quantity/unit of measure basis in accordance with the bid documents.

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 FIVE HUNDRED SIXTY-FIVE THOUSAND ONE HUNDRED TWELVE DOLLARS AND 42/100 ($565,112.42) for performing the Scope of Work.

3. Except as amended herein, all provisions of Agreement No. 2022-029 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement No. 2022-029 to be executed the day and year first above written. “CITY” “CONTRACTOR”
CITY OF BAKERSFIELD SAFEWAY SIGN CO.

By:____________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________
Title:_______________________________
Mina Alvarez
Sr. Contract Administrator
-- Page 3 of 3 Pages --
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 E. ZAMBRANO RANDY MCKEEGAN
Insurance:____________

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: March 10, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2025-046 with BSK Associates Inc (to extend the term by one year and to increase compensation by $80,064; revised not to exceed $218,000) to provide laboratory services for the Wastewater Division.

RECOMMENDATION:

Staff recommend approval of amendment.

BACKGROUND:

The Wastewater Division requires laboratory services and certifications to support operations at Wastewater Treatment Plant No. 2, Wastewater Treatment Plant No. 3, the Pretreatment Program, Groundwater Monitoring activities, and other Wastewater Division related projects.

On March 26, 2025, the City entered into Agreement No. 2025-046 with BSK Associates Inc. to provide laboratory services for the Wastewater Division. Since execution of the agreement, BSK Associates Inc. has played a critical role in supporting monitoring efforts and providing certified analytical reporting across local and state programs.

Due to the continued need for reliable laboratory services and certifications, staff recommends exercising the one-year renewal option under the agreement and increasing compensation by $80,064, for a revised total contract amount not to exceed $218,000.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund for this amendment, therefore, there is no impact to the City General Fund associated with this amendment.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 1

2. Exhibit B

ADMINISTRATIVE REPORT
MEETING DATE: March 25, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: February 23, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2023-263 with Parsons Transportation Group, Inc. (Parsons) (increasing compensation $1,250,000; revised not to exceed $2,250,000) for Engineering Design Services of the Beach Park Bridge Multi-Use Crossing (P4K307).

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On November 8, 2023, the City of Bakersfield executed Agreement No. 2023-263 with Parsons Transportation Group, Inc. to provide conceptual design and environmental engineering services for the 24th Street & Kern River Multi-Use Crossing (Beech Park Bridge) project. Under this agreement, Parsons prepared multiple conceptual design alternatives focused on ensuring safe and accessible passage for pedestrians and bicyclists, while also exploring a landmark-style bridge aesthetic.

Following staff review, revisions, and a second round of conceptual designs, a preferred alternative has been selected that appropriately balances public amenities with fiscal responsibility to the City. Staff now recommends amending the original agreement to expand the scope of work to include continued project management and coordination, ongoing environmental engineering services, and preparation of 30% design plans and cost estimates to advance the project.

FISCAL IMPACT:

This project is funded through Public Safety & Vital Services (PSVS) funds and was budgeted in Fiscal Year 2025-26 Public Works Capital Improvement Program.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 1

AMENDMENT TO AGREEMENT
M:\Advanced Project Delivery\Projects\FY 2023-2024\P4K307 - 24th Street Pedestrian Bridge\Consultants\Parsons\New folder\Amnd No 1 to Agrmt No 2023-263.doc
Updated – August 2025
-- Page 1 of 3 Pages --
AGREEMENT NO. __________________
AMENDMENT NO. ONE TO
AGREEMENT NO. _2023-263_
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023-263 _ is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and PARSONS TRANSPORTATION GROUP, INC. an Illinois Corporation authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).

R E C I T A L S
WHEREAS, on November 08, 2023, CITY and DESIGN CONSULTANT entered into Agreement No. 2023-263 in the amount of One Million Dollars and Zero Cents ($1,000,000.00) wherein DESIGN CONSULTANT agreed to provide design services for the 24th Street and Kern River Multi-Use Crossing Project; and WHEREAS, CITY and DESIGN CONSULTANT desire to enter into Amendment No. 1 to expand the scope of work, and increase Compensation in the amount of One Million, Two-Hundred and Fifty Thousand Dollars and Zero Cents ($1,250,000.00), for a total compensation of Two Million, Two-Hundred and Fifty Dollars and Zero Cents ($2,250,000.00).

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

1. Section 1 of Agreement No. 2023-263 entitled “Scope of Work” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by reference, in DESIGN CONSULTANT's scope of work, attached hereto as Exhibit B and incorporated herein by reference, and in DESIGN CONSULTANT’S additional scope of work, attached hereto as Exhibit D and incorporated herein by this reference (collectively, the project description in the Request, DESIGN CONSULTANT's scope of work, and DESIGN CONSULTANT’S additional scope of work are referred to as "Scope of Work"). DESIGN CONSULTANT's services shall include all the

AMENDMENT TO AGREEMENT
M:\Advanced Project Delivery\Projects\FY 2023-2024\P4K307 - 24th Street Pedestrian Bridge\Consultants\Parsons\New folder\Amnd No 1 to Agrmt No 2023-263.doc
Updated – August 2025
-- Page 3 of 3 Pages --
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 District Attorney
Insurance: __________

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director
Attachments: Exhibits A, B, C, and D

2 This Amendment 1 for Beach Park Multi-Use Path Over Kern River Project (Project) formerly referred to as the 24th St Multi-Use Path Over Kern River Project. proposes to construct a bridge over the Kern River connecting to the adjacent cul-de-sacs at Riverside Dr, Oak St, and the Kern River Parkway at Beach Park. To date the following items have been accomplished:
- Developed 3 alignment alternatives for north of 24th St and 1 alignment alternative for south of 24th St.
- Prepared 4 rounds of architectural concepts that included a variety of bridge alternatives.
- Prepared 15% level structural plans for 5 structural alternatives. - Completed the draft environmental document and technical studies including:
o Air Quality Emission/Greenhouse Gas, and Energy Consumption Calculations o Biological Resources Study Report including Jurisdictional Delineation Report o Cultural Resources Assessment Report
o Paleontological Identification Report/Paleontological Evaluation Report o Phase I Initial Site Assessment
o Location Hydraulic Study Report
o Noise Measurement Data
This amendment proposes the additional scope:
- Additional architectural concepts. Previously 2 alternatives had been assumed. To date 4 rounds have been done, with one more included in this amendment that also includes an updated 15% structural concept.
- Additional environmental. Previously it was assumed that the limits of the study would be north of the bridge and no southern alternative was included. During the alternative development the southern alternative was identified and is now the preferred alternative. This included additional analysis area. As part of this scope of work, the draft environmental document will be updated including additional architectural details and an update to the location hydraulic study. This scope includes evaluation of
- Preparation of a 30% PS&E which will include:
o Type Selection Report
o Structural and Civil Plans
o Geotechnical Analysis
o Field Survey
o Cost Estimate
Task 1. Additional Project Management
Parsons shall assist in managing and directing City and City-consultant personnel assigned in project management, contract management, project controls, administrative support and construction management. Our services will cover all aspects of the project from project

SCOPE OF SERVICES
EXH D.
3 initiation through construction support and commissioning. Reporting of project scope, schedule, and cost shall be performed routinely and as requested for various audiences.

Parsons shall work closely with the City of Bakersfield, federal agencies and its agents, the County of Kern, utility companies, various local agencies, resource agencies, and other stakeholders to assist in developing these projects.

Anticipated activities include, but are not limited to:
• Provide project management direction and coordination to the project team. • Develop and sustain an integrated team relationship with the City of Bakersfield Public Works staff.
• Perform project management activities, collaborative practices, and problem solving. • Support and participate in interagency coordination and public outreach. As necessary we will prepare presentation materials, conduct presentations, as requested, and document the results.
• Coordinate City of Bakersfield projects and document reviews with other project stakeholders such as County of Kern, cities, utility companies, other local agencies, and resource agencies.
• Foster and maintain relationships with state, federal and local governments, and resource agencies.
• Maintain and report scope, cost, and schedule.
• Assure quality, efficient, and timely completion of all project components.

Assumptions:
 8 month environmental delivery.

Deliverables:
 Project Management
 Schedule
 Deliverables Status Matrix and Tracking
 Progress Report
Task 2. Additional Project Development Team and Stakeholder Coordination Parsons will form a Project Development Team (PDT) amongst various parties, based on its’ history of working on Central Valley Projects and partnerships with applicable agencies and stakeholders for the Kern River. Our knowledge of Army Corps, Water Resource Agencies and Local Water Agency units, including but not limited to, Local Assistance, Encroachment Permit, Right-of-Way, and Traffic will be utilized for project advancement through the environmental phase. Effective strategies for project advancement will include early and frequent coordination with reviewers and agencies, maintaining effective relationships, and providing timely responses to comments and stakeholder concerns. This process will include frequent, scheduled discussions and provide an effective feedback loop ensuring a level of trust from the PDT. The project schedule will be tracked and monitored to ensure 4 key milestones and deliverables are completed. Finally, a central filing system will be used to ensure project consistency with Agency auditing requirements.

This task includes coordination with the US Army Corps, California Department of Fish and Wildlife, and the Regional Water Quality Control Board to coordinate preferred project alternative and coordinate any feedback into the 30% PS&E. 8 Meetings are assumed
Assumptions:
 City of Bakersfield and stakeholders will attend PDT meetings as scheduled.

Deliverables:
 Meeting Minutes

Task 3. Environmental Approval
The following items are included to obtain environmental approval:

1. Additional Environmental Document
The Project will require preparation of an Initial Study (IS) in accordance with CEQA (Public Resources Code Section 2100 et seq.) and the State CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.). If the Initial Study determines that there will be no significant direct or indirect impact on the environment, a Negative Declaration (ND) will be prepared. If the IS determines that the proposed action, with the incorporation of identified mitigation measures, will not have a significant effect on the environment, a Mitigated Negative Declaration (MND) will be prepared. An Environmental Assessment (EA) will be prepared for NEPA.

This task includes expanding the environmental footprint to include the area south of 24th St. The environmental document will be updated to include this additional area and technical studies such as the Location Hydraulic Study to update for the revised pier configuration and aesthetics to finalize the visual aspects of the proposed bridge. Following completion of the Draft Environmental Document, consultant will address up to 2 rounds of comments. If requested Parsons will lead a public hearing at a committee or City council meeting. Following the circulation of the environmental document, consultant will address comments on up to two submittals to obtain approval of the Final Environmental Document.

Assumptions
 Resource agency permits will be obtained during the 65% and are not included at this time.
 Public scoping workshops will not be needed. If an open forum public hearing is required by the environmental document during the public hear it will include an informal workshop held at a City provided facility.

Deliverables:
 Update Draft Environmental Document (2 Submittals)
5  Final Environmental Document (2 Submittals)
 Public Meeting/Public Hearing (1 Meeting)
 Resource Agency Permit Coordination
Task 5 30% PS&E
This task includes tasks to support the 30% PS&E.

1. Survey
Parsons will obtain field survey along the proposed alignment to tie into existing conditions. aerial topography to use to support the design.

Deliverables:
 Field Survey

2. Type Selection
This task includes preparing a Type Selection Report that includes evaluating structural alternatives for the preferred southern alignment, performing structural calculations, seismic calculations, evaluating foundation alternatives, developing a cost estimate, and preparing the associated plans listed below.
- General plan and elev
- General notes
- Typical sections
- Foundation plan / pile layout
- Typical pier plan, elevations, sections (1-2 sheets)
- Abutment 1
- Abutment 2
- Early details / architectural features
- Construction sequence
To support the foundation design and the following geotechnical analsysi will be included as part of a Preliminary Foundation Report that will be attached to the Type Selection Report:

The available geotechnical information will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. Consultant will assess the subsurface soil conditions surrounding the Kern River for the purposes of foundation design for the proposed bridge and any associated retaining walls. The following analyses are anticipated to be performed for the project; • Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria and provide a recommended ARS curve for bridge design. • Liquefaction, seismic settlement and lateral spreading evaluation. 6 • Foundation analysis for bridge and retaining walls. • Assessment of global slope stability and settlement potential of site soils for new embankment fill.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
• Development of earthwork and construction specification recommendations for proposed improvements.

The Type Selectin Report will also included a preliminary scour analysis to support the bridge design that includes analysis of long term and local scour.

Deliverables:
 Type Selection Report

3. 30% Plans
Parsons will prepare preliminary engineering plans at a 30% level plans The following is included in the plan submittal:

Plans
Title Sheet
The tile sheet will show the vicinity map and summarize sheets included in set.

Typical Cross Sections
Typical cross sections will include widths, slopes, and other geometric information including preliminary structural section recommendations.

Improvement Plans
Will include horizontal and vertical information on a sheet cut with the bottom half as plan view and the top view is profile. Plan view will identify widths, alignments information, and geometric features such as walls, bridges, curb, dike, sidewalk, bike path, roadway reconstruction, existing utilities. Based on the preliminary engineering it is assumed that there are not utilities anticipated with this project.

Grading Plans
Consultant will prepare grading plans for the proposed project.

Storm Drain Plans
Plans for storm drains and anticipated water quality improvements will be prepared.

Signing and Stripping Plans
Plans will identify proposed signage and stripping on the trail. Wayfinding signage is assumed not needed.

Lighting Plans
Plans will identify proposed lighting on the bridge and along the trail.

Landscape Concept Plan
7 Plans will identify proposed landscape features. Irrigation is not included in this submittal and would be included with the 60% submittal.

Reports
Preliminary Geotechnical Design Report
Parsons will prepare a geotechnical design report that includes summary of available relevant geotechnical information, evaluation of geologic and geotechnical hazards anticipated to affect design or construction of the proposed improvements, preliminary seismic recommendations in accordance with SDC 2.0, evaluation of foundation alternatives for the bridge and preliminary foundation capacity evaluations, anticipated fill settlement periods, preliminary construction considerations, preliminary structural section recommendations, and a recommendation for the geotechnical investigation to be performed during final design.

Estimate
Cost Estimate
Parsons will prepare construction cost estimate utilizing available bid data and the likely means and methods for construction.

Assumptions:
 Sheet cuts will be 1”=20’
 Staging plans are assumed not needed.
 Specifications to be included in 60% submittal.

Deliverables:
 Plans
 Estimate

Sensitive # Beach Park and Kern River Multi-Use Crossing - Fee Proposal

TOTAL DIRECT

LABOR LABOR

HOURS COSTS
Task Description
1 Project Management 258.00 $32,930.002 Project Development Team and Stakeholder Coordination 132.00 $29,380.003 Environmental Approval 1390.00 $232,195.005 30% PS&E 5079.00 $849,490.00

TOTAL LABOR HOURS AND DIRECT LABOR COSTS
TOTAL LABOR HOURS 6859.00TOTAL DIRECT LABOR COSTS $1,143,995.00 Notes: Other Direct Costs
Total ODC's
Mileage $4,805.00Auto Rental $0.00Printing $0.00Per Diem $0.00Postage/Delivery $0.00Lodging $3,000.00Equipment Rental $0.00CEQA/County Clerk Filing $3,200.00 $11,005.00
Subconsultants Company Total Subs
Lee Andrews Group $25,000.00DPSI $20,000.00EMI $50,000.00 $0.00
$95,000.00
Total Estimated Cost $1,250,000.00
Description
Total Other Direct Costs
Public OutreachAerial TopographyGeotechnical

LABOR HOURS AND COSTS

SUMMARY
Total Subconsultants