GRIFFIN STRUCTURES FEE PROPOSAL
City of Bakersfield Community Center and Park Revitalization Project April 8, 2025
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to provide Project and Construction Management Services for the City of Bakersfield MLK Park Revitalization project. This scope is inclusive of providing design through 100% construction documents for use in soliciting a Design-BidBuild Entity. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:
Project/Construction Management Services Phase A: $ -
ASR 02 - Project/Construction Management Services $ -
ASR 02- Reimbursable Expenses including design services: $ 1,184,806 NEW Contract Total $ 6,946,362
ASR Total Add $ 1,184,806
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. Hourly rates are escalated annually based on the CPI and our fee is inclusive of the annual escalation. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members and tasks, in consultation with the City’s Project Manager, to accomplish the overall objectives and requirements of the project.
Services assume a 9-month schedule for Phase 1 Development of 100% CD’s, a 3-month schedule for Phase 2 - Bidding and 18-month schedule for Phase C - Construction. Pricing includes a 15% markup. Any extension of the schedule may result in additional fee, in good faith negotiation with the City.
SCOPE OF WORK
PHASE 1 – Construction Documents (Park Revitalization)
1.1 Multi-use Sports Field
1.2 Play Areas
1.3 Restroom Building
1.4 Picnic Shelters
1.5 Water Play Features
1.6 Community Gardens
1.7 Amphitheater
1.8 Memorial Monument and Plaza
1.9 Outdoor Fitness Area
1.10 Walkways and Hardscape Improvements
1.11 Landscape Planting and Irrigation
1.12 Site Furnishings and Park Amenities
EXHIBIT E
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
1.13 Park Lighting and Electrical Infrastructure
1.14 Community Arts Engagement Program
PHASE 2 – Bidding Support
2.1 Manage work of design build team
2.2 Collaboratively Work with City Staff to Review Design Documents
2.3 Work with Design Team to Ensure Project Stays Within Budget
2.4 Work with City Staff to Recommend Design Changes
2.5 Assist in Value Engineering Studies
2.6 Coordinate with Relevant Regulatory Agencies
2.7 Review and Recommend Payment Requests
2.8 Work with City Staff to Perform Quality Control of all Design Deliverables
2.9 Lead Guaranteed Maximum Price negotiations with DBE
2.10 Oversee implementation of early design packages
PHASE C - Construction
3.1 Coordinate with City Project Manager
3.2 Review Contractor's baseline and updated schedules
3.3 Weekly site visits
3.4 Participate in weekly OAC meetings chaired
3.5 Provide photo documentation of construction progress
3.6 Review monthly pay applications
3.7 Review change order request and any claims in a timely basis
3.8 Prepare In-Progress Punch Lists
APPROACH TO PROJECT SCHEDULE
This proposal assumes the following duration and is illustrated in the Resource Allocation Schedule attached:
1. Phase 1 (9 months)
2. Phase 2 (3 months)
3. Phase 3 (18 months)
APPROACH TO STAFFING & PROJECT TEAM
To bring the highest level of efficiency and value to the City, Griffin Structures has assembled following team:
Jon Huges is President of Griffin Structures and will provide executive oversight.
Robert Godfrey as Vice President of Operations will serve as Principal-In-Charge for the duration of the project and will provide as-needed leadership for the team to ensure a successful delivery of each phase.
Robert Echavarria will serve as Project Executive for the duration of the project and the point of contract during the pre-construction phase.
Lance Solomon will serve as the Sr. Construction Manager throughout the project. Lance’s involvement Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
will commence in subsequent phases.
TBD will serve as Construction Manager during the construction phase of the project.
QUALIFICATIONS & EXCLUSIONS
1. Consultant is not, and shall not act as, a design professional (as defined in Civil Code §2782.8(c)) under this Agreement. However, Consultant shall facilitate the negotiation of the contract(s) between Consultant and any design professional(s) retained by Consultant in connection with the Project to contain a clause whereby the design professional(s) shall indemnify, defend and hold harmless the City and any and all of its officials and employees, except that the design professional’s duty to indemnify, including the duty and cost to defend, is limited to the extent that the claims against the City and its officials and employees arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, and in no event will the cost to defend charged to design professional exceed design professional’s proportionate percentage of fault (provided, however, that if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, then design professional shall meet and confer with the other parties regarding unpaid defense costs). For purposes of the preceding sentence, “design professional” has the meaning ascribed to it Civil Code §2782.8(c), including the architect and the engineers of record who are engaged either by Consultant or by such design professionals (i.e., the design professionals’ sub-consultants) to design the Project and create the Construction Documents.
2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.
3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s Contractor or by the City.
4. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.
5. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.
6. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.
7. Software licenses or user fees and all software training costs for specific project management software being required by either the City or their Contractor(s) is excluded.
8. Cost of bulk blueprinting for plans and specifications for use by the Contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.
9. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.
10. No FF&E or OS&E procurement is included in this proposal.
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11. Construction Site Security is excluded.
12. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed that any Building Department inspections will be performed by the City’s Building Department inspections staff.
13. Construction Manager will review all RFI’s, Submittals, and Substitutions only for completeness.
Approvals shall be executed by the designer of record.
14. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, Contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.
15. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non-Consultant Delays”). The schedule for completion will be extended for any Non-Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.
16. Dry utility design consultation services are not included.
17. This proposal shall remain valid and in full force and effect for a period of 120 days from date of issuance, after which time it shall be deemed null and void.
18. INDEMNITY (Requested Change)
19.1. MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers and employees against any and all liability, claims, actions, causes of action, or demands (collectively, “Claims”) whatsoever against them from third parties, to the extent arising from MANAGER’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER’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. The foregoing does not apply to claims for professional negligence, which are addressed in Section 19.2.
19.2. For work performed by or for MANAGER under this Agreement where the provisions of Civil Code section 2782.8 apply, MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers and employees against any and all third-party Claims against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, only to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER. In accordance with Civil Code §2782.8, MANAGER’s obligation to indemnify for claims based upon professional negligence does not include the obligation to provide an immediate defense of actions or proceedings brought against CITY for professional negligence, but rather to reimburse CITY for attorney’s fees and costs incurred by CITY in defending such professional negligence actions or proceedings brought against CITY to the extent caused by MANAGER. MANAGER is not required to indemnify or defend City for any loss, injury, death or damage caused by the negligence or willful misconduct of CITY or of other third parties for which MANAGER is not legally liable. CITY agrees that the provisions of Civil Code §2782.8 will be deemed to apply to any claims for design defects arising from the design work of the architects and engineers engaged by MANAGER in Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
performance of this Agreement. Additionally, at any time after termination or expiration of this Agreement, MANAGER may elect to assign to CITY any of MANAGER’s contract(s) with design professionals engaged by MANAGER in the performance of this Agreement. Effective immediately upon such an assignment of a design contract by MANAGER to CITY, MANAGER will not be liable to CITY for Claims arising out of or relating to the performance by the design professional under the assigned contract, and CITY will proceed directly against said design professional (and not against MANAGER) for any such Claims. These provisions regarding assignment by MANAGER to CITY of design contracts will control over any conflicting language in Section 30.1.
19.3 CITY must indemnify, defend and hold harmless MANAGER and its officers, employees, and consultants (collectively, the “Indemnitees”) from and against any and all Claims, to the extent arising out of, connected with, or caused by CITY or CITY’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 an Indemnitee. Notwithstanding the foregoing, nothing herein will be construed to require CITY to indemnify the Indemnitees for that portion of any Claim to the extent arising from the negligence or willful misconduct of the Indemnitees.
Section 20.1.2 of the Agreement is amended to provide that the Professional liability insurance limit will apply either per occurrence or per claim.
The following new provisions are added to the Agreement:
35.14 Consequential Damages. CITY and MANAGER waive Claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes:
A. damages incurred by CITY for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and
B. damages incurred by MANAGER for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination in accordance with Section 6.
35.15 OPINIONS AND ADVICE
35.15.1 Opinion of Cost. Any opinion of the construction cost prepared by MANAGER represents MANAGER’s judgment as a design professional and is supplied for the general guidance of CITY. Because MANAGER has no control over the cost of labor and materials, or over competitive bidding or market conditions, MANAGER does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to CITY.
35.15.2 Advice. Unless CITY, in a separate writing, provides that CITY has authority to bind CITY in CITY’s dealings with third parties, including the trade contractors, MANAGER does not have such authority; rather, MANAGER will provide advice (“Advice”) to CITY on such matters, but CITY will make the ultimate decision as to how to act or respond. Consequently, any Advice provided by MANAGER to CITY regarding how CITY should act or respond (e.g., analyzing, reviewing, and advising on bids or change order requests) is merely MANAGER’s professional opinion and CITY is ultimately responsible to such third parties for CITY’s actions and responses. MANAGER’s responsibility with respect to Advice is to provide Advice in accordance with MANAGER’s standard of care, and if MANAGER complies with this obligation, then CITY will indemnify, defend, and hold MANAGER harmless from all third party Claims arising from the Advice.
35.15.3 Responsibility for Design and Construction. MANAGER will have no liability for any design defects in design documents prepared by CITY’s consultants or trade contractors, regardless of whether MANAGER or its consultants review or comment on such design documents. As provided in Section 19.2, MANAGER will also have no liability for any design defects in design documents prepared by MANAGER’s consultants if MANAGER assigns such contracts to CITY. The authors of the design documents will be responsible for the accuracy, completeness, coordination, suitability, and compliance with laws of the design documents Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
they prepare. MANAGER is not constructing the Project and is not responsible for construction defects, regardless of whether MANAGER engages any testing and inspection services or has personnel on-site during construction for observation; the trade contractors and their respective subcontractors are responsible for construction defects.
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
12/24/2025
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Dani Schulze 714-202-0390 [email protected] License#: 6003745 ARCH SPECIALTY INSURANCE COMPANY 21199 GRIFSTR-01 The Travelers Indemnity Company 25658 Griffin Structures Inc
1 Technology Dr., Building I Ste. 829
Irvine CA 92618
Travelers Property Casualty Company of America 25674 138753008 C X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X X Y Y 680C2582051 12/31/2025 12/31/2026
2,000,000
C
1,000,000 X
X X
Y Y BAC259119A 12/31/2025 12/31/2026
B Y UBC2593772 12/31/2025 12/31/2026
X
1,000,000 1,000,000 1,000,000
A Professional Liability &
Contractors Pollution Liability
Y PDCPP0038505 12/31/2025 12/31/2026 Per Claim
Aggregate Limit
Deductible
$2,000,000
$4,000,000
$25,000
AM Bests Rating on all policies above: A/XII or greater.
Re: Phase A of MLK Community Center and Park Revitalization project.
The City Bakersfield, its mayor, council, officers, agents, employees, and volunteers are named as an additional insured as respects general liability as per attached form CG 20 10 and CG 20 37. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Any endorsements attached and/or described herein apply with respects to the operations of the named insured as required by written contract executed prior to loss and subject to statute and policy provisions. 30 Day Notice of Cancellation
City of Bakersfield
Office of Risk Management
1600 Truxton Ave.
Bakersfield CA 93301
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASED LIMIT B. EMPLOYEE HIRED AUTO
I. WAIVER OF DEDUCTIBLE GLASS C. EMPLOYEES AS INSURED
J. PERSONAL PROPERTY D. SUPPLEMENTARY PAYMENTS INCREASED LIMITS K. AIRBAGS
E. TRAILERS INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE TRANSPORTATION
EXPENSES INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV BUSINESS AUTO CONDITIONS: Any person or organization who is required under a written contract or agreement between you and b. For Hired Auto Physical Damage Coverthat person or organization, that is signed and age, the following are deemed to be covexecuted by you before the "bodily injury" or ered "autos" you own:
"property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your business. B. EMPLOYEE HIRED AUTO However, any "auto" that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION II COV- covered "auto". ERED AUTOS LIABILITY COVERAGE:
C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II COVERED AUTOS ployee's" name, with LIABILITY COVERAGE: your permission, while CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
BAC259119A
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
COMMERCIAL AUTO
Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss".
D. SUPPLEMENTARY PAYMENTS INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the amount of betterment. 1. The following replaces Paragraph A.2.a.(2) of SECTION II COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned
covered "auto". (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law viola- (5) This Coverage Extension does not apply to:
tions) required because of an "accident" (a) Any "auto" that is hired, rented or borwe cover. We do not have to furnish rowed with a driver; or these bonds.
(b) Any "auto" that is hired, rented or bor2. The following replaces Paragraph A.2.a.(4) of rowed from your "employee". SECTION II COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE TRANSPORTATION
EXPENSES INCREASED LIMIT
(4) All reasonable expenses incurred by the
The following replaces the first sentence in Para- "insured" at our request, including actual graph A.4.a., Transportation Expenses, of loss of earnings up to $500 a day beSECTION III PHYSICAL DAMAGE COVER- cause of time off from work.
AGE:
E. TRAILERS INCREASED LOAD CAPACITY
We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- $1,500 for temporary transportation expense inTION I COVERED AUTOS: curred by you because of the total theft of a cov1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT INCREASED LIMIT
F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III PHYSICAL I. WAIVER OF DEDUCTIBLE GLASS DAMAGE COVERAGE:
The following is added to Paragraph D., DeductiHired Auto Physical Damage Coverage ble, of SECTION III PHYSICAL DAMAGE COVERAGE: If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE:
"auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is:
(b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property coverproperty of like kind and quality. age.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
COMMERCIAL AUTO
K. AIRBAGS (2) Any:
The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a
Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only:
(d) Costs for extended warranties, Credit Life a. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty; and (e) Carry-over balances from previous loans
c. The airbags were not intentionally inflated.
or leases.
We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss".
The following replaces Paragraph A.5., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV BUSINESS AUTO CONDIage Extensions, of SECTION III PHYSICAL TIONS:
DAMAGE COVERAGE:
5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss" to a covered "auto" of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Coverage cuted prior to any "accident" or "loss", pro- is provided, we will pay any unpaid amount due on vided that the "accident" or "loss" arises out of the lease or loan for such covered "auto" less the following: the operations contemplated by such contract. The waiver applies only to the person or (1) The amount paid under the Physical Damage Coverage organization designated in such contract. Section of the policy for that "auto"; and
CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
UBC2593772 The Travelers Indemnity Company 12/24/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED ÐÑÔ×ÝÇÒËÓÞÛÎæ
COMMERCIAL GENERAL LIABILITY
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Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.
CG T8 0X XX XX
DATE OF ISSUE:
680C2582051 12/31/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED ÐÑÔ×ÝÇÒËÓÞÛÎ
COMMERCIAL GENERAL LIABILITY
ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò
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øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×߲ײ«®»¼·¿³»²¼»¼¬±·²ó ̸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô DZ«®¿½¬±®±³··±²å±® ±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ̸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«® ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±² ¾»¸¿´ºå ¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó
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ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
CG T8 0X XX XX
DATE OF ISSUE:
680C2582051 12/31/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 680C2582051
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".
Excess Insurance, of SECTION IV
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:
COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other
INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT
5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 680C2582051
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED Certificate Of Completion
Envelope Id: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED Status: Completed Subject: Complete with Docusign: Amendment No 2 to AGRMT NO 2024-210 Griffin Structures_Final.pdf Source Envelope:
Document Pages: 19 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 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
4/9/2026 12:58:18 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Jon Hughes
[email protected]
President
Griffin Structures
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.219.145.14
Sent: 4/9/2026 1:03:06 PM
Viewed: 4/9/2026 1:37:20 PM
Signed: 4/9/2026 1:45:40 PM
Electronic Record and Signature Disclosure:
Accepted: 7/12/2024 8:54:47 AM
ID: 29572698-c26f-4191-8955-c4c66cc9e37a
Darin Budak
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 4/9/2026 1:45:42 PM
Viewed: 4/10/2026 8:11:40 AM
Signed: 4/10/2026 8:11:58 AM
Electronic Record and Signature Disclosure:
Accepted: 6/5/2023 7:39:14 AM
ID: 01d698b6-f5fb-414b-956e-40fe3bf3fa68
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 4/10/2026 8:12:01 AM
Viewed: 4/10/2026 8:29:45 AM
Signed: 4/10/2026 8:30:39 AM
Electronic Record and Signature Disclosure:
Accepted: 4/10/2026 8:29:45 AM
ID: 1dd5ce3b-73bb-4e34-933a-d252584e0580
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/9/2026 1:03:06 PM
Certified Delivered Security Checked 4/10/2026 8:29:45 AM Signing Complete Security Checked 4/10/2026 8:30:39 AM
Completed Security Checked 4/10/2026 8:30:39 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Jon Hughes, Darin Budak, Jena Covey
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 23, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2025-068 with Kern Asphalt Paving and Sealing Company Inc.
(Increasing compensation by $1,000,000; revised not to exceed $3,340,000 and extend the term to May 14, 2027) to provide transportation services for the City of Bakersfield, Public Works Department, Street Division.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On March 12, 2025, the City advertised a Request for Qualifications (RFQ) for transportation services that include moving large volumes of asphalt, rock, and other materials for the Public Works, Street Maintenance Division. The RFQ was posted on the City’s website and PlanetBids. On April 2, 2025, four (4) submittals were received:
• Kern Asphalt Paving and Sealing Co., Inc. (QBS 98.87, $2,340,000) • Premier Valley Transport Inc. (Non-responsive)
• Bowman Asphalt (Non-responsive)
• Ortega R’s Construction (Non-responsive)
Based on the combination of QBS and the bid proposal, the evaluation committee recommends entering into an agreement with Kern Asphalt Paving and Sealing Co., Inc. The agreement compensation, not to exceed $2,340,000 for a one-year period, will be renewable annually for three consecutive one-year periods at the City’s option and upon mutually agreeable terms. Agreement No. 2025-068 was approved on May 14, 2025, with Kern Asphalt Paving and Sealing Company, Inc.
Kern Asphalt Paving and Sealing Company, Inc. continues to provide satisfactory transportation services for the Public Works, Street Division. Proposed Amendment No. 1 to Agreement No. 2025-068 with Kern Asphalt Paving and Sealing Company, Inc. will extend the agreement for one year with a new not-toexceed amount of $3,340,000 to continue transportation services for the Public Works, Streets Maintenance Division.
FISCAL IMPACT:
Funding for the agreement will be from varying funding sources including Street’s General Fund Operating account, Utility Road Fund, and State Gas Tax Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Amendment
2. Exhibit B
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 22, 2026
SUBJECT: Contract Change Order No. 1 to Agreement No. 2023-280 with Johnson Controls, Inc. (increase compensation $78,018; revised not to exceed $209,138) to repair, rebuild and test compressor #2 that was damaged during an event at the Dignity Health Arena RECOMMENDATION:
Staff recommends approval of Contract Change Order No. 1.
BACKGROUND:
In November of 2023, the City of Bakersfield entered into Agreement No. 2023-280 with Johnson Controls, Inc. to rebuild four MYCOM reciprocating compressors at the Dignity Health Arena. The compressors are integral in the operations of the cooling of the arena during scheduled events.
During a scheduled event at the Dignity Health Arena in December, compressor #2 suffered a catastrophic failure. This failure occurred prior to Johnson Controls, Inc. performed their rebuild of compressor #2.
Change Order No. 1 increases the contract by $78,018, bringing the total not-to-exceed amount to $209,138. The additional work includes:
1. Remove all internal parts from compressor #2 and install new OEM parts.
2. Vacuum and clean the compressor and perform a decay test.
3. Perform all work until compressor passes testing.
4. Once the test is cleared, open isolation valves and compressor to remove the LOTO.
5. Inspect the operation of the compressor and add new oil and refrigerant as needed.
FISCAL IMPACT:
This CIP project (P4K302) to rebuild the four MYCOM compressors at the Dignity Health Arena and Change Order No. 1 to the project are funded by Capital Outlay Funds.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Contract Change Order No. 1.
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 27, 2026
SUBJECT: Contract Change Order No. 184 to Agreement No. 19-069 with Security Paving Company (increasing compensation by $301,500; revised not to exceed $152,637, 504.59) for the Centennial Corridor Mainline Project (Wards 1, 2, &3)
RECOMMENDATION:
Staff recommend approval of the contract change order.
BACKGROUND:
The Centennial Corridor Mainline Project (Project) proposes to extend State Route 58 (SR-58) from the current terminus as a freeway at State Route 99 (SR-99) to the Westside Parkway. At the SR-58/SR-99 interchange, the Project adds a collector-distributor on the northbound SR-99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR-58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR-58/Cottonwood Road interchange). This Project was awarded in July of 2019.
Change Order No. 184 provides increase in Contract Item No. 153, Slope Paving (Concrete) at Contract Item Price. During placement of the slope paving, the Contractor noted that the quantities shown on the plans were less than the quantities placed. This change order compensates the contractor for the additional 201 CY of concrete and results in a net increase of $301,500.00 The Contractor has refused to sign this change order alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revision to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.
FISCAL IMPACT:
The sum of all change orders to date on this project reflects a total cost increase of $5,623,848.34 which results in a 3.83% increase of the original contract amount as illustrated below:
Original Contract Amount = $147,013,656.25
Previous Change Orders = $5,322,348.34
Current Change Orders = $301,500.00
Amended Contract Agreement after CCOs = $152,637,504.59 Net Increase to date = $5,623,848.34
There is no General Fund impact associated with this change order.
Funding for this change order is available in project TRCC21 Centennial Corridor Phase 4 Mainline.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Contract Change Order No. 184
CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.
PROJECT:
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 4/8/2026 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 4/8/2026 ACCOUNT NO (S) 122-4021-825.80-41 TRCC21
127-4021-825.80-41 TRCC21 INCREASE $301,500.00
335-4021-825.80-41 TRCC21
By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NO
Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Contractor: Title:
INCREASE IN CONTRACT ITEM AT CONTRACT ITEM PRICE:
Accepted, Date:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
NO ADJUSTMENT
CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 19-069 184
NCIIPL-5109(251)
CHANGE ORDER NO.
Centennial Corridor MAINLINE
As authorized by the Engineer, and in accordance with section 4-1.05 "Changes and Extra Work" of the Standard Specifications, provide all labor, equipment, tools, and materials to place 195 additional cubic yards of concrete for the slope paving at the locations shown on the plans.
Bid Item No. 153, Slope Paving (Concrete): 201 CY (+25.8%) @ $1,500.00/CY = $301,500.00 (+25.8%) In accordance with Section 9-1.06, “Changed Quantity Payment Adjustments,” of the Standard Specifications, you will receive no additional payment for the change in quantity on the following items:
Bid Item No. 153, Slope Paving (Concrete)
Increase in Bid Item at Bid Item Price: $301,500.00
TIME ADJUSTMENT:
NO ADJUSTMENT
UNILATERAL
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent – Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: April 8, 2026
SUBJECT: Materials Recovery Facility Equipment Maintenance Services Accept Proposal and Approve Contract with Titus Maintenance and Installation Services, Inc. ($350,000) for providing equipment maintenance services for City’s Materials Recovery Facility (MRF) (Ward 1).
RECOMMENDATION:
Staff recommends acceptance of proposal and approval of agreement.
BACKGROUND:
The MRF is a critical component of the City’s solid waste operation, responsible for processing recyclable materials and supporting compliance with State mandates, including AB 341 and SB 1383. Following recent upgrades to the MRF sorting line, ongoing preventative and specialized maintenance is necessary to ensure optimal system performance, minimize downtime, and extend the lifespan of equipment.
On February 19, 2026, the City of Bakersfield issued a Request for Qualifications (RFQ) for MRF Equipment Maintenance services to support operations at the City’s Materials Recovery Facility (MRF) located at 2260 South Union Avenue. Titus Maintenance and Installation Services, Inc. (Titus) was identified as the most qualified contractor with extensive experience in MRF systems, including maintenance, installation, and automation services. Titus also serves as a warranty service provider for Green Machine equipment utilized at the City’s facility, providing familiarity with the system and its maintenance requirements.
The agreement provides services for preventative maintenance, scheduled servicing, emergency repairs, and shutdown support. These services are essential to maintaining manufacturer-recommended maintenance standards and ensuring continued operational efficiency of the MRF. Titus will supply all necessary labor, tools, and equipment and will provide detailed reporting on work performed.
Compensation under the agreement is based on hourly rates, with a total amount not to exceed $350,000 annually per year for a three-year term with the option of two (2) one-year extensions at the City’s discretion. Approval of this agreement will ensure the continued reliability and efficiency of the City’s MRF operations, reduce the risk of unplanned downtime, and support the City’s ongoing compliance with State recycling and organics diversion requirements.
FISCAL IMPACT:
The total contract amount will be funded through the Refuse Enterprise Fund. There will be no impact on the City’s General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Agreement
Titus MRF Services – MRF Equipment Maintenance Page 1
Updated – March 2026
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
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 TITUS MAINTENANCE AND INSTALLATION SERVICES, INC., a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on February 19, 2026, CITY posted a Request for Qualifications (RFQ) for MRF Equipment Maintenance services for the City’s Materials Recovery Facility (MRF) located at 2260 South Union Avenue, Bakersfield, CA; and WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of MRF equipment maintenance.
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 preventative, scheduled and shut down services to ensure compliance to the new MRF sorting line’s recommended maintenance tasks as set for the in Exhibit “A” attached hereto and incorporated herein by reference (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
Compensation for all work, services or products called for under this Agreement shall consist on an hourly basis in accordance with the hourly rates as shown on Exhibit “A”.
CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will 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.
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CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate three (3) years from the date set forth above. Notwithstanding the effective date of this Agreement, CONTRACTOR shall not begin work until authorized to do so pursuant to Section 31, entitled “Starting Work”, of this Agreement. This Agreement shall be renewable for two (2) consecutive one-year periods, which shall be exercised at the sole option and discretion of CITY.
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 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 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Titus MRF Services – MRF Equipment Maintenance Page 3
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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 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.
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17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
20. INSURANCE.
20.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
20.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
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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
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 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Titus MRF Services – MRF Equipment Maintenance Page 6
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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 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.
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20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
22. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.
23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
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CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: TITUS MAINTENANCE & INSTALLTION SERVICES, INC 696 San Ramon Valley Boulevard, Suite 373
Danville, California 94526
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 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 51-0423449
CONTRACTOR is a corporation? Yes X No
(Please check one.)
33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Titus MRF Services – MRF Equipment Maintenance Page 9
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notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD TITUS MAINTENANCE &
INSTALLTION SERVICES, 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: ____________
AEZ/pt
Attachment(s): Exhibit A
S:\Public Works\Agrs\25-26\Titus MRF Services_MRF Equipment Maintenance Agrmnt.docx Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Mike Centers
President
EXHIBIT A
Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Docusign Envelope ID: DBF94EBE-110D-4E9E-B29E-378A358B4232 Certificate Of Completion
Envelope Id: DBF94EBE-110D-4E9E-B29E-378A358B4232 Status: Completed Subject: Complete with Docusign: Titus MRF Services_MRF Equipment Maintenance.pdf Source Envelope:
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Status: Original
4/9/2026 8:59:39 AM
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[email protected]
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Mike Centers
[email protected]
President
Titus Maintenance & Installation Services, Inc
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Mike Centers
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04/09/2026
Diablo Valley Insurance Agency, Inc.
185 Lennon Lane, Suite 200
Walnut Creek, CA 94598
License #: 0C26181
Jennifer Amador
(925)210-1717 (925)210-1818
[email protected]
00009771-0 80
Titus Maintenance & Installation Services, Inc.
DBA: Titus MRF Services
696 San Ramon Valley Blvd., Ste. 373
Danville, CA 94526
Crum & Forster Specialty Insurance Company
A X Y EPK-162868 11/01/2025 11/01/2026
X
X
1,000,000
50,000
5,000
1,000,000
2,000,000
2,000,000
National Liability & Fire Insurance Company
B 72APB012821 11/01/2025 11/01/2026
X
X X
1,000,000
Crum & Forster Specialty Insurance Company
A X EFX-139601 11/01/2025 11/01/2026
X
0 5,000,000
5,000,000
ICW
C Y WSA-5062822-04 11/01/2025 11/01/2026 X
1,000,000
1,000,000
1,000,000
Ohio Casualty Insurance Company 24074
D Leased/Rented Equip BMO64041158 11/01/2025 11/01/2026 Limit $600,000
CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED UNDER GENERAL LIABILITY PER ATTACHED FORM #EN0111-0211 AND #EN0320-0211, WITH PRIMARY WORDING PER ATTACHED FORM #EN0118-0211. WAIVER OF SUBROGATION FOR GENERAL LIABILITY APPLIES AND IS INCLUDED UNDER FORM #EN0118-0211 ATTACHED. WAIVER OF SUBROGATION FOR WORKERS COMPENSATION PER APPLIES PER ATTACHED FORM #WC99 06 34. ANY ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS (continued on ACORD 101 Additional Remarks Schedule)
City of Bakersfield
Attn: Risk Management
1600 Turxtun Avenue
Bakerfield, CA 93301
(JEN)
Printed by JEN on 04/09/2026 at 03:00PM
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE
Printed by JEN on April 09, 2026 at 03:00PM
2 Diablo Valley Insurance Agency, Inc.
N/A
Multiple Carriers
Titus Maintenance & Installation Services, Inc.
DBA: Titus MRF Services
25 Certificate of Liability Insurance
(continued from Description of Operations)
TO THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO STATUTE AND POLICY PROVISIONS.
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
AGENCY CUSTOMER ID:
LOC #:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS SCHEDULE Page of
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INSURED
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured Premium $
Insurance Company
Countersigned By
11/01/2025 WSA 5062822 04
INSURANCE COMPANY OF THE WEST
TITUS MAINTENANCE & INCL.
WC 99 06 34
(Ed. 8-00)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be % of the total California Workers’ Compensation premium otherwise due.
Schedule
Person or Organization Job Description
2 ANY PERSON OR
ORGANIZATION FOR
WHOM THE NAMED
INSURED IS REQUIRED
UNDER WRITTEN
CONTRACT TO FURNISH
THIS WAIVER.
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: April 22, 2026
SUBJECT: Purchase of Panasonic CF-33 Laptop Computer Bundle and Accessories for the Police Department.
Accept bid from Lehr Upfitters OpCo LLC, Sacramento Ca, ($446,816.71) for Panasonic CF-33 Laptop Computer Bundle and Accessories for the Police Department.
RECOMMENDATION:
Staff recommend acceptance of bid
BACKGROUND:
Bids were solicited for replacement Panasonic CF-33 Laptop Computer Bundles and Accessories for Technology Services Department. Five (5) bids were received in response to the solicitation.
This purchase will replace 91 Panasonic CF-33 laptops that are worn out and have exceeded their useful life. These Panasonic laptop computers, commonly referred to as rugged or Toughbook laptops, are used in police vehicles to support daily field operations. The Panasonic CF-33 models are designed to be waterand dust-resistant and are drop-tested from heights of up to six feet. Based on these durability features, the Technology Services Department recommends the Panasonic CF-33 as a suitable solution for Police Department field use.
The five (5) bids are as follows:
BIDDER AMOUNT
Lehr Upfitters OpCo LLC, Sacramento, CA $446,816.71
Southern Computer Warehouse, Inc., Marietta, GA $589,234.94 Howard Technology Solutions, Ellisville, MS $638,988.12 New Tech Solutions, Inc., Fremont, CA $646,573.20
Blue Angel International, LLC, Berkely, CA $743,084.94
Staff find the bid submitted by Lehr Upfitters OpCo LLC, Sacramento, CA, to be acceptable.
FISCAL IMPACT:
Sufficient funds are budgeted in the Equipment Management Fund and the Public Safety Vital Services (PSVS) Fund for this purchase.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
N/A
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 13, 2026
SUBJECT: Appropriate $393,026 from Public Works Enterprise Fund to Materials Recovery Facility Sorting Line upgrade
for a total not to exceed amount of $5,540,960 to fund revised design details for redesign and upgrade RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
The City owns and operates a Materials Recovery Facility (MRF) to process recyclable materials collected by haulers. To ensure the continued and efficient processing of incoming recyclable materials, the sorting line requires a redesign and replacement of aging equipment that has reached the end of its useful life, while retaining and integrating existing equipment and infrastructure that remains in good working condition. The proposed sorting line redesign and equipment upgrades will modernize the MRF, support the City’s ongoing housing and population growth, and help control curbside recycling program costs for residents and business owners.
On May 14, 2025, the City Council awarded a contract to Green Machine Sales LLC to redesign and upgrade the sorting line at the MRF. Following execution of the agreement, additional design requirements were identified, including the need for an air compressor and pit construction to support the selected optical sort model.
On March 25, 2026, the City Council approved Change Order No. 1 to provide compensation to the contractor for these additional requirements associated with the MRF sorting line redesign and upgrade.
City is requesting to appropriate $393,026 from Public Works Department’s Refuse Enterprise Fund for a not to exceed amount of $5,540,960.00 to include the revised design details for the redesign and upgrade of the sorting line at the Materials Recovery Facility (MRF).
FISCAL IMPACT:
Funding will be from the Refuse Enterprise Fund and will be reimbursed by two grants, The Recycling Partnership ($400,000.00) and CalRecycle’s Beverage Container Quality Infrastructure Grant Program ($5,147,934.00). There is no fiscal impact to the City’s General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
None
ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2026 AGENDA CATEGORY: Consent-Miscellaneous TO: Honorable Mayor and City Council
FROM: Kevin Albertson, Fire Chief
DATE: May 13, 2026
SUBJECT: Appropriate $10,000 Fire Trust Fund-Fire Recovery Fee to the Fire Department General Fund Operating Budget for the purchase of outdoor equipment. [Document Description]
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
The Bakersfield Fire Department’s firefighters work 24-hour shifts that require them to always remain on duty and available for emergency response. During these extended shifts, crews must prepare meals onsite while maintaining readiness to respond immediately. Several stations currently have limited or aging outdoor cooking and cooling equipment, making it difficult to support personnel throughout these shifts and during training activities.
The department also maintains a cost-recovery program through its Fire Recovery Fees, which are used to recover the costs of emergency responses and specialized services. These fees help the department maintain adequate resources, reduce reliance on tax revenue, and ensure responsible parties reimburse the City incident-related costs, supporting operational readiness and essential resources.
Barbecue grills and coolers provide essential support for meal preparation and safe food storage within the firehouse, during outdoor training activities, and at community events. These items contribute to firefighter wellness, operational readiness, and positive community interaction.
Staff requests the appropriation of $10,000 Fire Trust Fire Recovery Funds to the Fire Department General Fund operating budget to fund the purchase of outdoor equipment.
FISCAL IMPACT:
There is no fiscal impact to the Fire Department General Fund, expenses will be covered by the Fire Trust Fund- Fire Recovery Fee.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
None
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: April 22, 2026
SUBJECT: Purchase of a Caterpillar bucket for the Streets Division within the Public Works Department (unbudgeted)
1. Purchase of an unbudgeted Caterpillar bucket for the Streets Division within the public Works Department.
2. Appropriate $1,994 to the Public Works Department’s Operating Budget within the Equipment Management Fund to complete the purchase.
RECOMMENDATION:
Staff recommend approval of the appropriation and purchase.
BACKGROUND:
This unbudgeted purchase of a Caterpillar bucket to be used with a wheel loader for the Streets Division within the Public Works Department will replace a unit that has major damage and is in need of costly repairs. Due to the needed repairs and equipment exceeding its life expectancy, it is not economically feasible to proceed with repairs. The unit will be replaced with a newer and more efficient unit. Staff have received previous approval of this unbudgeted purchase.
Staff recommend an appropriation in the amount of $1,994 to fund the cost of an unbudgeted Caterpillar bucket for the Streets Division within the Public Works Department. Funds recouped through rental rates will be applied towards the purchase of the new unit.
FISCAL IMPACT:
This unforeseen purchase is unbudgeted and will require an appropriation of $1,994 to the Public Works Department’s Operating Budget within the Equipment Management Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Approved Unbudgeted Paperwork
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent Public Hearings TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: April 29, 2026
SUBJECT: Resolution Authorizing the City of Bakersfield Amendment to Permanent Local Housing Allocation (PLHA) 5-Year Plan
Public Hearing to receive public comments on the amended PLHA 5-Year Plan and Resolution authorizing amendment.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In 2017, the California Legislature enacted the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on all real estate documents, creating a permanent ongoing source of revenue for local governments to address the shortage of affordable housing in their communities. With this new revenue source, the Permanent Local Housing Allocation (PLHA) was established, providing up to $296 million in State funding for the development of new affordable multifamily rental housing and singlefamily homes.
On October 15, 2024, the State Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for the PLHA program, identifying entitlement awards for the City of Bakersfield and other eligible local jurisdictions. The City is currently eligible to receive $2,621,239 in Permanent Local Housing Allocation funding for calendar years 2022 and 2023 entitlements.
This resolution will allow the City of Bakersfield to amend the 5-Year PLHA spending plan to reallocate previously awarded PLHA funding to another eligible affordable housing activity under the PLHA program. Fifty-five percent (55%) of this PLHA entitlement funding will be directed toward construction loans for the development of new multifamily rental housing reserved for households making no more than 60% of the local Area Median Income (AMI), and the remaining forty percent (40%) will be directed toward supporting homeownership of new affordable single-family homes reserved for households making up to or below 120% AMI.
All City of Bakersfield PLHA funds will be reinvested into the City’s Affordable Housing Trust Fund (AHTF) for distribution through a Notice of Funding Availability (NOFA). Staff is recommending adoption of this Resolution, thereby authorizing the City to amend its 5-Year PLHA spending plan to increase the inventory of affordable multi-family housing developments and single-family homeownership.
FISCAL IMPACT:
The Permanent Local Housing Fund is a State Entitlement grant and the sources are from taxes collected by the state. There is no fiscal impact to the City’s General Fund.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENT:
1. Resolution
2. Exhibit A – PLHA 5-Year Plan Amendment
RESOLUTION NO. __________________
RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD TO
AMEND THE PLAN FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM
WHEREAS, the California Department of Housing and Community Development is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation (PLHA) Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code Section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the State of California (“State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated October 15, 2024, under the PLHA Program; and WHEREAS, City of Bakersfield (“City”) is an eligible local government that has previously applied for Program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein.
2. City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA, of $10,385,412, in accordance with all applicable rules and laws.
3. City hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, in a manner consistent and in compliance with the Standard Agreement and other contracts between City and the Department.
4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, City’s PLHA Plan Amendment for the 2020-2023 Allocations is attached hereto as Exhibit “A,” attached hereto and made a part of, and City hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. City certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local
government may delegate its PLHA allocation.
6. City certifies that its selection of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
7. Pursuant to City’s certification in this resolution, the PLHA funds will be expended only for eligible activities and consistent with all Program requirements.
8. City certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the Grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B), and (C).
9. City certifies that, if funds are used for the development of an Affordable Rental Housing Development, the local government shall make PLHA assistance available in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a local government-approved underwriting of the Project for a term of at least 55 years.
10. City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2 Guidelines published by the Department. ///
///
11. Mayor or City Manager, are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to City, as the Department may deem appropriate, in accordance with the parameters herein.
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, GONZALES, WEIR, SMITH, BASHIRTASH, KOMAN, 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: ____________________________
VIRGINIA GENNARO
City Attorney
2022 2023
Development of
Rental/Ownership
Housing
Development of
Rental/Ownership
Housing
55% 55%
n/a n/a
60% 60% TOTAL
10986 10986
5 4 9
55 55
2022 2023
Homebuyer
Assistance
Homebuyer
Assistance
40% 40%
100% 100%
TOTAL
5311 5311
3 2 5
20 20
Yes
5% 5%
95% 95%
100% 100%
Funding Allocation Year
Type of Eligible Activity
§302(c)(4)(E)(i) Percentage of Funds Allocated for Each Affordable Housing Activity
What Percentage of the Percentage Above Will be Used for Ownership Housing?
§302(c)(4)(E)(ii) Area Median Income Level Served
§302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level.
Note: complete for years 2022 and 2023 only
§302(c)(4)(E)(ii) Projected Number of Households Served §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects)
2023 Allocation - Year 5
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2023)
2022 Allocation - Year 4
Admin Requested
Funds Allocated
Total Percentage of Funds
Allocated (2022)
Total Percentage of Funds Allocated Calculator (2022 - 2023) Uploaded to HCD? Application and Adopting the PLHA Plan (2022-2023 Allocations) Resolution
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. File Name:
The City will allocate funds to an eligible entity to support a program that will make deferred or forgivable loans for down payment and/or secondary financing assistance to support homeownership opportunities to help income eligible buyers purchase a home.
The City will prepare a Notice of Funding Availability and request project proposals and select programs that meet the criteria to use the funding. Once identified the awarded program will use the funding to support home ownership units affordable for households as shown above. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.
Complete the table below for each proposed Activity to be funded with 2022-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the highest AMI to be served. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity §302(c)(4)(E)(ii) Projected Number of Households Served §302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level.
Note: complete for years 2022 and 2023 only
§302(c)(4)(E)(ii) Area Median Income Level Served
What Percentage of the Percentage Above Will be Used for Ownership Housing?
§302(c)(4)(E)(i) Percentage of Funds Allocated for Each Affordable Housing Activity
Type of Eligible Activity
Funding Allocation Year
§302(c)(4) Plan Revised: 01/09/2025
End of Document
Please note: In order for Allocated Calculator to calculate correctly, "Admin Requested" must be answered "Yes" or "No" in the PLHA Application tab. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) As part of its Affordable Housing Strategic Plan, the City established an Affordable Housing Incentive Program to streamline and offset the costs for the development of new affordable housing units. The program will provide incentives to developers in the form of loans for construction of new affordable housing and deferred or forgivable loans for down payment and/or secondary financing assistance to income eligible first-time homebuyers. 55% of the PLHA funs will target 60% AMI households and the remaining 40% up to 120% AMI households. The City will prioritize 55% of the PLHA funds for the construction of rental units and 40% to support homeownership opportunities for households that meet the Area Median Income (AMI). 55% of the PHLA funds will fund new affordable rental units for households with incomes at or below 60% of AMI.
The City of Bakersfield's 2023-2031 Housing Element includes a program goal to increase the availability of permanent housing with a policy to seek assistance under state programs that address the City's affordable housing needs. The City's Affordable Housing Strategic Plan includes action items to increase affordable housing for both rental and for ownership units.
The PLHA funds will be use for the development of affordable rental housing affordable to 60% AMI or below households.
Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2022-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the highest AMI to be served. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project.
The City will prepare a Notice of Funding Availability and request project proposals and select projects that meet the criteria to use the funding. Once identified the awarded project will use the funding on new construction that will be affordable for households as shown above. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity.
PLHA Page 1 302(c)(4) Plan
ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Hearings
TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: April 29, 2026
SUBJECT: Public Hearing to Consider Adoption of Sewer User Rates for Fiscal Years 2026-27 through 2030-31
[Document Description]
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Water Department – Wastewater Division provides services for the collection and treatment of the City’s wastewater. The Sewer Enterprise is self-sustaining, supported primarily by sewer user rates that provide for the daily operations of the sewer and stormwater collection systems and the two wastewater treatment plants. The fixed sewer service charge, often referred to as the flat rate, is collected on the property tax bill for all residential, commercial, and industrial customers. Commercial and industrial customers, in addition to the flat rate, are also subject to sewer surcharge fees based on their wastewater strength classification, and water consumption.
In 2025 the Water Department (Water) partnered with HF&H Consultants (HF&H) to conduct a revenue rate study to assess the revenue requirements needed to cover costs of operating and maintaining the existing systems and infrastructure. Water prepared 15-year infrastructure and financial plans, identifying capital improvement projects, operation and maintenance, and staffing requirements needed to maintain a proper level of service in the coming years. Using the 15-year plans, HF&H completed a full cost-ofservice-analysis (COSA) and provided recommendations for rates beginning FY 2026-27.
Results of the COSA were presented to City Council on October 22, 2025. Since then, City staff received direction regarding acceptable rate options, received feedback from community stakeholders, and engaged in multiple public outreach events.
In 2026, HF&H conducted a new COSA taking into consideration the feedback provided. With the results of the 2026 COSA, Water staff finalized the 2026-2030 Sewer Rates and Fees Report recommending a fiveyear rate increase from FY 2026-27 through FY 2030-31 as shown below:
Fiscal Year Proposed Rate
2026-27 $475
2027-28 $575
2028-29 $675
2029-30 $775
2030-31 $875
Annual sewer fees are viewed as property-related fees for utility service and are subject to Proposition 218. This requires that fees adopted by City for services rendered do not exceed the reasonable estimated cost for providing the services. Staff has determined that the proposed rates do not exceed the cost of services. Proposition 218 also requires a public hearing in which the public may support or protest the rate increase.
Proposition 218 Notices for the proposed increased rates were mailed to all affected property owners informing them of proposed changes to sewer user rates for FY 2026-27 through FY 2030-31. Notices were mailed out to residents on March 5, 2026 and March 19, 2026.
If approved, the proposed rates will go into effect July 1, 2026, and future increases would go into effect each July 1 thereafter through July 1, 2031.
FISCAL IMPACT:
The resolution has no impact to the General Fund. Failure to adopt the proposed rates will result in the Sewer Enterprise Fund being underfunded for upcoming fiscal years.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Resolution to Adopt Sewer Rates
2. Exhibit A – Rate Schedule for FY26.27 – 30.31
3. 2026-2030 Sewer Rates and Fees Report
RESOLUTION NO. __________
RESOLUTION ADOPTING NEW SEWER RATES
FOR FISCAL YEARS 2026-27 THROUGH
2030-31
WHEREAS, Chapter 14.12 of the Bakersfield Municipal Code provides for the establishment of fees sufficient to recover reasonable costs of providing sewer services rendered; and
WHEREAS, HF&H Consultants completed a full cost-of-services analysis and provided rate recommendations; and
WHEREAS, City staff finalized the 2026-2030 Sewer Rates and Fees Report determining recommend rate increases; and
WHEREAS, proposed changes were presented to the City Council on February 11, 2026; and
WHEREAS, City staff was given permission to move forward with the proposed changes; and
WHEREAS, City staff prepared and mailed notices of the public hearings to residential and commercial users, as required by Proposition 218, notifying them of the proposed rate increases (Cal. Constitution Article XIIID, section 6); and WHEREAS, both public hearings before the City Council were advertised in the Bakersfield Californian, a newspaper of general circulation; and WHEREAS, two public hearings were held in order to receive evidence and hear all persons interested in or objecting to the proposed rate increases; and WHEREAS, the City Council has considered the staff report, public comments, information presented at the public hearings, and written protests; and
WHEREAS, the Rate Schedule for Fiscal Years 2026-27 through 2030-31, attached hereto as Exhibit A and incorporated by reference herein, summarizes both residential and commercial rates proposed for Fiscal Years 2026-27 through 2030-31; and
WHEREAS, the adoption of sewer fees is exempt from the California Environmental Quality Act (CEQA) under the California Public Resources Code Section 21080(b)(8).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
2. The Council finds that insufficient written protests were presented to prevent the proposed rate increases.
3. The Council ratifies the Proposition 218 process followed by the City.
4. The fees and charges set forth in Exhibit “A” are herby adopted and shall become effective July 1, 2026 with the subsequent increases following thereafter on July 1st of the indicated fiscal year.
5. The adoption of these fees and charges complies with Proposition 218 and Proposition 26.
6. Pursuant to the Bakersfield Municipal Code, the fees and charges herein shall be collected by the Kern County Tax Collector on the property tax rolls.
7. This Resolution is effective July 1, 2026.
--oo0oo—
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, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED: __________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________
MATTHEW S. COLLOM
Deputy City Attorney I
Attachment: Exhibit A
Strength Classification FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Single Family Residence $475.00 $575.00 $675.00 $775.00 $875.00 Multiple Dwelling $356.25 $431.25 $506.25 $581.25 $656.25 Commercial Low Strength $475.00 $575.00 $675.00 $775.00 $875.00 Commercial Medium Strength $475.00 $575.00 $675.00 $775.00 $875.00 Commercial Medium-High Strength $475.00 $575.00 $675.00 $775.00 $875.00 Commercial High Strength $475.00 $575.00 $675.00 $775.00 $875.00 Strength Classification FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Commercial Low Strength $3.26 $3.95 $4.64 $5.33 $6.02
Commercial Medium Strength $3.80 $4.60 $5.40 $6.20 $7.00 Commercial Medium-High Strength $5.06 $6.13 $7.20 $8.27 $9.34 Commercial High Strength $6.19 $7.49 $8.79 $10.09 $11.39 Parameter FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
Flow / Million Gallons $3,862.30 $4,675.42 $5,488.54 $6,301.66 $7,114.78 Biochemical Oxygen Demand (BOD)
/ 1,000 pounds $351.64 $425.67 $499.70 $573.73 $647.76
Total Suspended Solids (TSS) / 1,000
pounds $219.41 $265.60 $311.79 $357.98 $404.17
SEWER USER FEES AND CHARGES
RATE SCHEDULE
Note: Sewer fees for commercial users consist of 1) a flat rate component, collected on the property tax bill by the Kern County Tax Assessor, and 2) sewer surcharge, which recovers costs that exceed the amount of water consumption allowed for in the flat rate. The minimum sewer charge for all properties is equal to the single family residence rate.
FISCAL YEARS 2026-2027 THROUGH 2030-2031
Flat Rate - Collected on Property Tax Bill
Sewer Surcharge per Hundred Cubic Foot of Water Consumed Permitted Industrial User Sewer Fee
EXHIBIT A - PAGE 1
1. $900.00
2. $1,800.00 / Annual
3. $964.00 / As needed
4. Actual costs
5. $800.00
6. See below
1. $80.00
2. $200.00
3. $125.00
4. $12.00
5. $69.00
6. $0.090 / gallon
Users may be charged cost recovery fees when discharges are monitored for compliance to regulatory requirements. Costs may include, but are not limited to outside commercial laboratory fees, city staff hourly rates and fringe benefit costs, equipment costs, reimbursement for damages, administrative costs, overhead costs and other costs incurred by the City.
WASTEWATER SEWER FEES
MISCELLANEOUS SEWER FEES
FISCAL YEARS 2026-2027 THROUGH 2030-2031
Pretreatment Section Fees
Industrial waste monitoring - Permit application fee
Industrial waste monitoring - Permit fee
Industrial waste monitoring - Noncompliance re-inspections Outside laboratory testing fees
Notice of violation (NOV) basic fee
Cost Recovery
Disposal rate
Septic / Grease Discharges
Permit application fee
Septage discharge permit fee - initial
Septage discharge permit fee - annual
Card replacement fee
Notice of Violation (NOV) basic fee
EXHIBIT A - PAGE 2