Revised Agenda (PDF) — Bakersfield City Council, July 15, 2026 (part 5 of 6)

AGREEMENT NO. F25-009(1)
AMENDMENT NO. 1 TO
AGREEMENT NO. F25-009
THIS AMENDMENT NO. 1 TO AGREEMENT NO. F25-009 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and TATE’S JANITORIAL SERVICE INC., a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on July 30, 2025, the CITY and CONTRACTOR entered into Agreement No. F25-009 in the amount of $60,000 for janitorial maintenance at the McMurtrey Aquatic Center; and
WHEREAS, the parties desire to amend Agreement No. F25-009 to extend the term of the Agreement by one year and increase compensation by Sixty Thousand Dollars ($60,000) for a new not-to-exceed amount of One-Hundred Twenty Thousand Dollars ($120,000) to continue the supply of janitorial maintenance at the McMurtrey Aquatic Center.

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

1. Section 2 of Agreement No. F25-009 entitled
“Compensation/Payment Procedure” is hereby amended to read as follows:

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

A total, aggregate payment NOT TO EXCEED ONE-HUNDRED TWENTY THOUSAND DOLLARS ($120,000) based on a monthly rate of $5,000 per month for twelve months.

City will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.

CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than ONE-HUNDRED TWENTY THOUSAND DOLLARS ($120,000) for performing the Scope of Work. _____________________________________________________
Amendment No. 1 to Agreement No. F25-009

Page 2 ends

2. Section 3 of Agreement No. F25-009 entitled “Term” is hereby amended to read as follows:

3. TERM. Unless terminated sooner, as set forth this agreement shall terminate on July 29, 2027.

3. Except as amended herein, all provisions of Agreement No. F25-009 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. F25-009 to be executed the day and year first above written. “CITY” “CONTRACTOR”
CITY OF BAKERSFIELD TATE’S JANITORIAL SERVICE INC.

By:____________________________ By:_________________________________ KAREN GOH Print Name: ________________________
Mayor Title:_______________________________
APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARTMENT
By:____________________________

DARIN BUDAK
Recreation and Parks Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
Eric T Tate
President

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 1, 2026
SUBJECT: Amendment No. 1 to Agreement No. CA25-012 with Duane Morris (increase compensation $50,000; revised not to exceed $150,000) to provide outside legal services in the matter of City of Bakersfield v. BKR, LLC dba Ramada BakersfieldNorth.

RECOMMENDATION:

Staff recommends approval of the amendment to the Agreement.

BACKGROUND:

On October 30, 2025, the City entered into Departmental Agreement No. CA25-012 with Duane Morris in an amount not to exceed $100,000 for legal representation in City of Bakersfield v. BKR, LLC dba Ramada Bakersfield-North.

At this time, the City Attorney’s Office requests that we amend the contract to add additional compensation of $50,000. This Amendment No. 1 to Agreement No. CA25-012 will result in a total Not to Exceed amount of $150,000 in order for outside counsel representation to continue in this matter.

FISCAL IMPACT:

The Department has sufficient allocation in its Fiscal Year 2026-27 budget to contract for these additional services.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Amended Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: July 1, 2026
SUBJECT: Amendment No. 3 to Agreement No. 2023-209 with Fruit Growers Laboratory, Inc. to extend term by one year for analyzing water samples to monitor TCP levels in the groundwater and to verify removal of TCP, as required by Division of Drinking Water (DDW), for City of Bakersfield’s Municipal Water System.

RECOMMENDATION:

Staff recommend approval of amendment.

BACKGROUND:

The City of Bakersfield Water Department owns thirty-six well sites that are equipped with 1,2,3 Tri chloropropane (TCP) treatment. The Department is regularly required to collect and analyze the samples from these wellsites. The physicalsampling is performed by California Water Services (Cal Water) as part of the City’s annual operating and maintenance agreement. Samples collected by Cal Water are sent to the laboratories under contract with the Water Department for analysis. These laboratory results are submitted to state monitoring agencies and must be performed by a certified laboratory.

On August 23, 2023, City entered into Agreement No. 2023-209 with Fruit Growers Laboratory, Inc. (FGL) for water sample analysis services. FGL was selected through a formal Request for Qualification and Proposal (RFQ&P) process.

Since the agreement was awarded, FGL has analyzed and tested well samples for the Water Resources Division. The Department now desires to extend the term of the contract.

The proposed amendment will extend the contract by one additional year until August 30, 2027.

FISCAL IMPACT:

This is a time extension only and there will be no impact to the General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

Amendment No. 3 to Agreement No. 2023-209

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 10, 2026
SUBJECT: Amendments to Agreements for purposes of completing the Bakersfield Temple Project Environmental Impact Report (EIR)

1. Amendment No. 1 to Applicant/Reimbursement Agreement No. 2025-010 with HKS Inc., (increasing compensation $54,000, revised not to exceed $263,524.80) for the preparation of an EIR.

2. Amendment No. 1 to Consultant Agreement with Impact Sciences (increasing compensation $54,000, revised not to exceed amount of $228,604.00) to prepare an EIR.

3. Appropriate the additional $54,000.00 (HKS Inc. contribution) to the Development Services Operating budget in the General Fund
RECOMMENDATION:

Staff recommends approval of the amendments.

BACKGROUND:

HKS Inc., (applicant) is proposing a Zone Modification (MOD) and Site Plan Review (SPR) to develop a

13.07-acre religious campus at the southwest corner of Stockdale Hwy & Jewetta Avenue. The Bakersfield Temple Project consists of one temple, one meeting house, a clothing center, grounds building, equipment enclosure, and Accessory structure. The plan is to have the campus built in two phases and shall include a cross-lot easement to the north. Access to the campus shall be from the north, west, and south.

The proposed temple building shall contain a mechanical penthouse and a basement. The main floor has a primary parapet height of 24'-6", for the majority of the building, and accent walls at the building quadrants that have a parapet height of 36 feet. The mechanical penthouse, which is inset from the exterior walls and central to the building, has a maximum parapet height of 45 feet at the base of the steeple. The steeple consists of an unoccupied tower, cupola/dome and finial ending at the 124-foot elevation, thus requiring a zone modification to exceed the 60-foot height limit of the C-O (Commercial Office) zone. The meeting house shall have a height limit of 66 feet.

The project includes the following actions:

1. A zone modification to allow the building heights that exceed the 60-foot height limit of the C-O (Commercial Office) zone; and

2. Site Plan Review to approve the development of a religious campus.

Applicant - City Agreement Amendment. The amendment to the existing agreement (2025-010) between the Applicant and the City is for purposes of paying all costs associated with the preparation of the EIR.

The total cost of the Environmental Impact Report (EIR) was $209,524.80. The parties seek to amend the agreement and increase the compensation by $54,000 for purposes of completing the EIR and covering all costs, for a new not to exceed amount of $263,524.80.

Consultant - City Agreement Amendment. The amendment to the existing agreement (2025-011) between the Consultant and City is for purposes of paying for the preparation of the Bakersfield Temple Project EIR for Site Plan Review (SPR) 24-60000027 and Zone Modification (MOD) 24-60000032 by Impact Sciences. The amendment with Impact Sciences will increase compensation by $54,000.00, for a new not to exceed amount of $228,604.00. The scope of work has been revised accordingly to address the additional technical studies needed and their review during the preparation of the EIR.

FISCAL IMPACT:

The Applicant Agreement acknowledges that HKS Architects, Inc. will pay for all additional costs associated with preparing and completing the EIR, therefore no impact to the City’s General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
Safety and Resilience
ATTACHMENTS:

1. Amendment No. 1 to Agreement No. 2025-010

2. Amendment No. 1 to Agreement No. 2025-011
Amendment No. 1 to Agreement No. 2025-010 - HKS ARCHITECTS, INC. Page 1 Updated – June 2026
AGREEMENT NO. 2025-010 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2025-010
This AMENDMENT NO. 1 TO AGREEMENT NO. 2025-010 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and HKS ARCHITECTS INC., a Sub Chapter S-11 Corporation authorized to do business in California (referred to herein as “APPLICANT ”).

R E C I T A L S
WHEREAS, on February 12, 2025, CITY and APPLICANT entered into Agreement No. 2025-010 (the “Agreement”), wherein APPLICANT agreed to reimburse CITY for the costs of preparation and certification of the EIR, including both consultant's costs and CITY staff costs for Site Plan Review No. 24-0027 and Zone Modification No. 24-0032, in the amount of t$209,524.80; and WHEREAS, the parties desire to amend Agreement No. 2025-010 to expand the scope of work and add compensation of $54,000.00 to a new not to exceed amount of $263,524.80.

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

1. Section 1 of Agreement No. 2025-010 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. CITY’s consultant is to prepare the EIR and any other work relating to the environmental evaluation of the Project.

The work to be performed by the consultant and CITY staff includes all actions necessary to complete the task the consultant has been hired to perform, whether specifically included in the scope of work or not. The work program for the consultant is attached hereto and incorporated herein as Exhibit "B".

2. Section 2 of Agreement No. 2025-010 entitled “COMPENSATION” is hereby amended to read as follows:

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

Amendment No. 1 to Agreement No. 2025-010 - HKS ARCHITECTS, INC. Page 2 Updated – June 2026

2.1. Consultant's cost for preparation of the EIR is $228,604.00.

2.2. CITY's cost associated with preparation of the EIR is estimated to be $34,920.80.

The amount of $263,524.80 (Consultant and CITY Cost) which constitutes a total of the estimated costs of services to be performed by consultant and CITY staff, shall be paid prior to City Council approving this Agreement. Applicant shall also pay any additional funds requested by CITY to pay costs associated with preparation of the EIR. Said additional payments shall be due and payable within 5 business days of CITY's notification to APPLICANT.

3. Except as amended herein, all provisions of Agreement No. 2025-010 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2025-010 to be executed the day and year first above written. “CITY” “APPLICANT”
CITY OF BAKERSFIELD HKS ARCHITECTS, INC.

By:____________________________ By:_________________________________

KAREN GOH DAVID HENDERSON
Mayor Principal
APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By:____________________________

PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_____________________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
Attachment: Exhibit B - Scope of Work
S:\Planning\Agrs\25-26\Amend 1 To Agreement 2025-010 HKS ARCHITECTS.doc 445 S. Figueroa Street, Suite 2550
Los Angeles, CA 90071
(213) 935-1901
www.impactsciences.com
Impact Sciences, Inc. 1 Bakersfield Temple Budget Augment Request 0859.004 March 31, 2026

MEMORANDUM
To: Roque Nino, Principal Planner, City of Bakersfield Job No. 0859.004 From: Jessica Kirchner, AICP, CEO & Managing Principal, Impact Sciences, Inc.

Subject: Bakersfield Temple Budget Augment Request
Date: March 31, 2026

1. JUSTIFICATION FOR BUDGET AUGMENT
Impact Sciences is currently completing the EIR for the proposed Stockdale church project. As part of our work completing the draft EIR, we have identified areas that required a level beyond our contracted scope of work. We have identified these level of effort adjustments within two distinct phases of the project: Phase 04 (Technical Report Peer Review) and Phase 05 (Admin Draft Preparation). • Phase 04 Out-of-Scope Peer Review (Billed to Phase 05): The approved scope of work assumed a standard peer review process for six specific applicant-provided technical reports. However, additional effort in developing a standardized approach across technical sections was necessary. Further, in the Air Quality / Climate Change / Health Risk Assessment and the Acoustical Analysis multiple, iterative rounds of review and unbudgeted coordination meetings with the applicant’s team were necessary. Furthermore, a previously unidentified study, a Visual Impact Assessment, was added to the project, requiring additional unbudgeted meetings and a detailed review of the report. • Phase 05 Applicant and Lead Agency Review: Compounding the technical review effort, the original budget assumed two standard rounds of concurrent review by the Lead Agency and the applicant before finalizing a publication-ready Draft EIR. However, the intended concurrent review did not materialize.

Consequently, an unanticipated round of review without consolidated comments was required, resulting in extended revision cycles of the draft sections to prepare the document for publication. • Project Meetings. Due to circumstances beyond the consultant’s control, including the addition of new technical studies, and the multiple rounds of review, the overall schedule was pushed resulting in additional meetings. Meetings were attended by both the project manager and the principal in charge.

2. SCOPE OF ADDITIONAL SERVICES
• Task A: Additional Draft Review Cycles and Finalization This task covers the unbilled effort already expended to facilitate the added review cycles. It also provides the necessary hours for the project team to review the City’s upcoming comments, execute the required text revisions, perform final QA/QC, and format the final Screencheck document for publication. • Task B: Direct Expenses Adjustment
This task provides additional direct expense funding (Phase 88) to cover physical production of the 5 hardcopy Draft EIRs and accompanying USB flash drives, standard First-Class postage for the 85 NOA mailings (which is greater than originally scoped), and future mileage/travel expenses for two staff members to attend the Planning Commission and City Council hearings in Bakersfield.

EXHIBIT B
Impact Sciences, Inc. 2 Bakersfield Temple Budget Augment Request 0859.004 March 31, 2026
Scope Task/Phase Justification Incurred Cost
(Overage)
Estimated
Cost to
Complete
Total
Requested
Augment
Task A: Additional
Draft Review Cycles
and Finalization
(Phases 05 & 06)
Out-of-scope, expanded technical report reviews
Unanticipated additional rounds of review and
final Screencheck QA/QC.
$47,118.00 $6,632.00 $53,750.00
Task B: Direct
Expenses Adjustment
(Phase 88)
NOA mailing to higher-than-estimated number
of addresses and postage, and adjusted buffer
for Hardcopy/USB printing and forthcoming
travel to Bakersfield.
$0.00 $250.00 $250.00
Total $47,118.00 $6,882.00 $54,000.00
Table 2
Hourly Breakdown for the Estimated Cost to Complete
Scope Task/Phase Personnel Rate Hours Extended Cost
Task A: Additional Draft Review Cycles and Finalization (Phases 05 & 06)
Principal $295/hour 4.0 $1,180.00
Senior Project Manager $200/hour 22.0 $4,400.00
Planner $140/hour 6.0 $840.00
Publications $125/hour ~1.7 $212.00
Task A Subtotal $6,632.00
Task B: Direct Expenses Adjustment
(Phase 88) -- -- -- $250.00
Task B Subtotal $250.00
Total Estimated Cost to Complete $6,882.00
Please let me know if you have any questions regarding this scope or fee. If acceptable, please sign and return the signature pages that follow.

EXHIBIT B

3. COST ESTIMATE
We request a total budget augment of $54,000 on a time-and-materials basis to cover the incurred overages from the expanded review cycles in Phases 04 and 05 and to complete the remaining Scope of Additional Services.

A summary of this budget augment request is provided in Table 1 below, and the estimated hourly breakdown to complete the remaining tasks is detailed in Table 2.

Table 1
Budget Augment Cost Summary
Amendment No. 1 to Agreement No. 2025-011 – IMPACT SCIENCES. Page 1 Updated – June 2026
AGREEMENT NO. 2025-011 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2025-011
This AMENDMENT NO. 1 TO AGREEMENT NO. 2025-011 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and IMPACT SCIENCES, a corporation authorized to do business in California (referred to herein as “CONSULTANT”).

R E C I T A L S
WHEREAS, on February 12, 2025, CITY and CONSULTANT entered into Agreement No. 2025-011 (the “Agreement”), wherein CONSULTANT agreed to perform the tasks outlined therein in preparation of an Environmental Impact Report (“EIR”) for Site Plan Review No. 24-0027 and Zone Modification No. 24- 0032, in the amount of $174,604.00; and
WHEREAS, the parties desire to amend Agreement No. 2025-011 to expand the scope of work and add compensation of $54,000.00 to a new not to exceed amount of $228,604.00.

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

1. Section 1 of Agreement No. 2025-011 entitled “SCOPE OF WORK” is hereby amended to read as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONSULTANT shall perform the attached scope of work presented in Exhibit “C” (Scope of Work”). The Scope of Work shown in Exhibit “C” shall include all items and procedures necessary to properly complete the task CONSULTANT has been hired to perform, whether specifically included in the Scope of Work or not.

2. Section 2 of Agreement No. 2025-011 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONSULTANT as follows for performing the Scope of Work (“Compensation”): On a
time/material basis in accordance with the hourly rates as shown on Exhibit “D”.

Amendment No. 1 to Agreement No. 2025-011 – IMPACT SCIENCES. Page 2 Updated – June 2026
CITY will pay CONSULTANT within 30 days after CONSULTANT 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 CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONSULTANT. In no case will CITY compensate CONSULTANT more than $228,604.00 for performing the Scope of Work

3. Except as amended herein, all provisions of Agreement No. 2025- 011 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2025-011 to be executed the day and year first above written.
“CITY” “CONSULTANT”

CITY OF BAKERSFIELD IMPACT SCIENCES
By:____________________________ By:_________________________________

KAREN GOH JESSICA KIRCHNER
Mayor CEO & Managing Principal
APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By:____________________________

PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
Attachments: Exhibit C - Scope of Work
Exhibit D - Compensation
S:\Planning\Agrs\25-26\Amend 1 To Agreement 2025-011 IMPACT SCIENCES.doc 445 S. Figueroa Street, Suite 2550
Los Angeles, CA 90071
(213) 935-1901
www.impactsciences.com
Impact Sciences, Inc. 1 Bakersfield Temple Budget Augment Request 0859.004 March 31, 2026

MEMORANDUM
To: Roque Nino, Principal Planner, City of Bakersfield Job No. 0859.004 From: Jessica Kirchner, AICP, CEO & Managing Principal, Impact Sciences, Inc.

Subject: Bakersfield Temple Budget Augment Request
Date: March 31, 2026

EXHIBIT C
Impact Sciences, Inc. 2 Bakersfield Temple Budget Augment Request 0859.004 March 31, 2026

A summary of this budget augment request is provided in Table 1 below, and the estimated hourly breakdown to complete the remaining tasks is detailed in Table 2.

Table 1
Budget Augment Cost Summary
Scope Task/Phase Justification Incurred Cost
(Overage)
Estimated
Cost to
Complete
Total
Requested
Augment
Task A: Additional
Draft Review Cycles
and Finalization
(Phases 05 & 06)
Out-of-scope, expanded technical report reviews
Unanticipated additional rounds of review and
final Screencheck QA/QC.
$47,118.00 $6,632.00 $53,750.00
Task B: Direct
Expenses Adjustment
(Phase 88)
NOA mailing to higher-than-estimated number
of addresses and postage, and adjusted buffer
for Hardcopy/USB printing and forthcoming
travel to Bakersfield.
$0.00 $250.00 $250.00
Total $47,118.00 $6,882.00 $54,000.00
Table 2
Hourly Breakdown for the Estimated Cost to Complete
Scope Task/Phase Personnel Rate Hours Extended Cost
Task A: Additional Draft Review Cycles and Finalization (Phases 05 & 06)
Principal $295/hour 4.0 $1,180.00
Senior Project Manager $200/hour 22.0 $4,400.00
Planner $140/hour 6.0 $840.00
Publications $125/hour ~1.7 $212.00
Task A Subtotal $6,632.00
Task B: Direct Expenses Adjustment
(Phase 88) -- -- -- $250.00
Task B Subtotal $250.00
Total Estimated Cost to Complete $6,882.00
Please let me know if you have any questions regarding this scope or fee. If acceptable, please sign and return the signature pages that follow.

EXHIBIT D

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 19, 2026
SUBJECT: Contract Change Order No.1 to Agreement No. 2025-199 with Bowman Asphalt Inc. ($41,545.38; revised not to exceed $561,151.38) for the Street Improvements: Mt Ridge Drive Between Weeping Rock Way and Lustrous Lane.

RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The work to be performed consists, in general, of widening the west side of Mt Ridge Drive between Weeping Rock Way and Lustrous Lane. The street widening includes clearing and grubbing to remove dirt and debris berm as well as asphalt concrete path; sawcutting and removing existing hot mix asphalt concrete; coldplaning existing hot mix asphalt concrete; installing new 18-inch diameter reinforced concrete storm drain pipe, including manholes, from existing manhole on Versace Avenue , across the park area to a new catch basin on Mt. Ridge Drive; roadway excavation; removing existing roadside signs; construction of curb and gutter; installing sidewalk; construction of hot mix asphalt pavement; modifying existing traffic stripping and pavement markings.

Change Order No.1 provides for the removal of an abandoned irrigation line that was discovered within the proposed roadway structural section. In order to construct the project per the approved plans, this irrigation pipe must be removed from the structural section. The contractor agrees to do the abovementioned work for the lump sum price of $706.93.

Also, in order to construct the project per the plans and specifications, there were several contract item quantities that had to be either increased or decreased. These item adjustments will result in a net cost increase of $40,838.45.

FISCAL IMPACT:

Project T4K309 is funded through Gas Tax Funds (GTF); therefore, there is no impact to the General Fund.

The total cost increase for Contract Change Order No. 1 is $41,545.38. This is the first and final change order on the project and reflects a total project cost increase of $41,545.38 (7.99 percent increase of the original contract amount) as illustrated below.

Original Contract Amount

= $ 519,606.00
Total of Previous Change Order approved by council = $ 0.00 Current Contract Change Order = $ 41,545.38
Amended Contract Amount after Change Order = $ 561,151.38 Net Increase to Date = $ 41,545.38
COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Contract Change Order No. 1

RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The work to be performed consists, in general of procuring and installing one diesel powered generator at the City Hall North parking lot. Other work items include construction of concrete pad for the generator, block wall enclosure, solid steel gate, electrical connections, appurtenances, permitting (Building and Air Pollution Control Boards) and other items as necessary to have a full turnkey operation.

Change Order No.4 provides for supplying a temporary backup generator to provide power to City Hall North during the time PG&E will transfer from the existing service to the new service location. The contractor agrees to do the above-mentioned work for the lump sum price of $24,708.00.

In addition, during construction it was necessary to maintain vehicular access to the alley behind City Hall North. The contractor agrees to provide the necessary steel plates to provide alley access for the lump sum price of $11,778.68
Finally, during a rainstorm, heavy flow from the adjacent gutter caused the partial collapse of the trench which destabilized the steel plates covering the trench. In order to maintain safe passage through the alley behind City Hall, the trench must be backfilled and compacted, graded to a smooth surface and then covered with steel plates. The contractor agrees to do the above-mentioned work for the lump sum price of $8,675,21.

FISCAL IMPACT:

Project P1K319 is funded through the General Fund.

The total cost increase for Contract Change Order No. 4 is $45,161.89. This is the fourth and final change order on the project and reflects a total project cost increase of $123,543.92 (13.88 percent increase of the original contract amount) as illustrated below.

Original Contract Amount

= $ 889,771.00
Total of Previous Change Order approved by council = $ 78,382.03 Current Contract Change Order # 4 = $ 45,161.89
Amended Contract Amount after Change Order = $ 1,013,314.92 Net Increase to Date = $ 123,543.92

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Contract Change Order No. 4

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 20, 2026
SUBJECT: Contract Change Order No.1 to Agreement No, 2024-281 with Innovative Engineering Systems DBA Agilitech
(90,228.34; revised not to exceed $1,231,922.75) for the Signal Coordination Part 2 California Avenue Between Mohawk Street & Oak, Street Stockdale Hwy Between Coffee Road and H Street, Brundage Lane between Oak Street and Hughes Lane. Wards 2 & 6
RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND: The work to be performed consists, in general, installation of new communication equipment and software along the street corridor segments; of California Avenue between Mohawk Street and Oak Street, Stockdale Highway between Coffee Road and H Street, and Brundage Lane between Oak Street and Hughes Lane (Interconnect). This communication system over existing fiber communication network will enable transportation professional to proactively manage traffic flow and promote mobility through real-time traffic data collection and management tools. New software and signal controller units will allow for optimal signal timing across arterial network by adjusting cycle lengths, phases splits, and offsets based on prevailing traffic.

Change Order No. 1 provides for performing work inside the controller cabinet. During construction it was discovered that five intersections require copper Etherwan 3675 switches. These switches are necessary to ensure proper communication between the newly installed fiber-optic sections and the existing copperwire infrastructure. The contractor agrees to do the above-mentioned work for the lump sum price of $16,928.67
Also, prior to construction, 14 existing pull boxes were found to be too small to fit the new 48 count single mode fiber optic cable with minimum bend radius and slack storage required per project specifications.

The contractor agrees to remove the existing pull boxes, dispose of all debris offsite, install 14 No. 5 pull boxes with concrete collars for the lump sum price of $53,031.77.

Finally, Change Order No.1 also covers the existing 2-inch conduit run that was found damaged and/or obstructed at various locations. In order to install the new 48-count single mode fiber optic cable, the existing conduit must be repaired at the identified locations. The contractor agrees to remove existing concrete sidewalk panels as needed to make conduit repairs and replace removed sidewalk for the lump sum price of $20,267.90.

FISCAL IMPACT:

Project T2K308 is funded thought Congestion Mitigation Air Quality Improvement Program (CMAQ), and Gas Tax Fund (GTF); therefore, there is no impact to the General Fund.

The total cost increase for Contract Change Order No.1 is $90,228.34. The sum of all change orders to date on the project reflects a total cost increase of $1,231,922.75 (7.9 percent of the original contract amount) as illustrated below:

Original Contract Amount = $ 1,141,694.41
Total of Previous Change orders = $ 0.00
Current Contract Change Order = $ 90,228.34
Amended Contract Amount
after Change Order
= $ 1,231,922.75
Net increase to Date = $ 90,228.34
COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Contract Change Order No.1

ADMINISTRATIVE REPORT
MEETING DATE: 7/15/2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: 6/24/2026
SUBJECT: Contract Change Order Nos. 23, 35, 36, and 54 to Agreement No. 2024-235 (7th Movement) with Granite Construction Company (increasing compensation by $32,509.79; revised not to exceed $28,102,546.72) for the Centennial Corridor EB58 to NB99 Loop Connector Project. (Wards 1 & 2)
RECOMMENDATION:

Staff recommend approval of the change orders.

BACKGROUND:

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

Change Order No. 23 provides compensation to the contractor to construct approximately 198.40 linear feet of concrete gutter. This concrete gutter on the northbound Ming Ave connector ramp was not shown in the plans and is necessary to complete the project to Caltrans standards. This change order results in a net increase of $27,000.00.

Change Order No. 35 provides compensation to the contractor for the additional Temporary Hydrolic Mulch, Temporary Silt Fence, Import Borrow Materials, Straw, Hydroseed, and incorporate materials.

Request-for-Information No. 108 was submitted due to potential discrepancies between the Contractor’s survey data and original bid quantities for earthwork. An independent survey was conducted by City’s Construction Management group and shared with City design consultant. It was determined additional quantities for these bid items at their bid item unit price. This change order results in a net increase of $3,309.79.

Change Order No. 36 provides compensation to the contractor for additional Drill and Bond Dowels. It was found during the that the quantities for drill and bond dowels were not included on one the project sheets. The work will be paid by field measurement/ verification for a net increase of $2,200.00.

Change Order No. 54 will be utilized to record changes pertaining to the Disadvantaged Business Enterprise (DBE) program (49 CFR 26). The US Department of Transportation’s Interim Final Rule, effective October 3, 2025, modified the DBE program. The City has reviewed the Construction Procedure Directive provided by Caltrans on October 29, 2025, with guidance in alignment with the United States Department of Transportation’s Frequently-Asked-Questions, published October 24, 2025. Effective immediately, enforcement of the existing contract requirements related to the DBE Program, as outlined in Sections 2-

1.12, “Disadvantaged Business Enterprise” and 5-1.13B, “Disadvantaged Business Enterprises,” of the Standard Specifications and Special Provisions will be suspended except for Section 5-1.13B(2)(c) “Termination”. Upon reauthorization of the DBE Program by the Federal Highway Administration, the suspensions may be removed. This change order has no time adjustments or monetary increase.

FISCAL IMPACT:

The sum of all change orders to date on this project reflects a total cost increase of $802,249.92 which results in a 2.94% increase of the original contract amount as illustrated below:

Original Contract Amount = $27,300,296.80
Previous Change Orders = $769,740.13
Current Change Order = $32,509.79
Amended Contract Agreement after CCOs = $28,102,546.72
Net Increase to date = $802,249.92
There is no General Fund impact associated with this change order.

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

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Contract Change Order 23

2. Contract Change Order 35

3. Contract Change Order 36

4. Contract Change Order 54

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: July 2, 2026
SUBJECT: Roof Replacement at City Hall South, West Wing.

Accept bid and approve contract to Best Contracting Services, Inc., Gardena, CA, ($143,656) for Roof Replacement at City Hall South, West Wing. (Ward 2) RECOMMENDATION:

Staff recommend acceptance of bid and approval of contract.

BACKGROUND:

Bids were solicited for Roof Replacement at City Hall South, West Wing. Seven bids were received in response to the solicitation.

The existing roof at City Hall South, West Wing is over 20 years old and has reached the end of its expected service life. Replacement of the roof is justified due to deficiencies in the existing roof design, which have resulted in inadequate drainage, causing water ponding and recurring leaks. The proposed project includes the installation of an additional roof drain to improve drainage performance. Furthermore, the existing roof assembly consists of two layers of roofing material, which exceeds the recommended limit for additional overlay installations. As a result, complete roof replacement is recommended.

The seven bids received are as follows:

BIDDER BASE BID
AMOUNT

ADDITIVE

ALTERNATE
BASE BID + ADDT

ALTERNATE
Best Contracting Services, Inc.

Gardena, CA $121,992 $21,664 $143,656
KRGS Roofing, Inc.

Beaumont, CA $130,000 $43,000 $173,000
Commercial & Industrial Roofing
Co, Inc.

Spring Valley, CA
$144,545 $48,196 $192,741
Nations Roof West, LLC
Lincoln, CT $149,177 $197,854 $347,031
Fresno Roofing Co, Inc.

Fresno, CA $150,155 $45,885 $196,040
Brazos Urethane, Inc.

Maera, CA $163,700 $56,300 $220,000
Midstate Sheetmetal, Inc.

Bakersfield, CA $167,650 $56,275 $223,925
Staff find the bid submitted by Best Contracting Services, Inc., in Gardena, CA, to be acceptable and recommend approval of the contract in the amount of $143,656. The Recommended award amount includes both base bid and additive alternate bid for the replacement of the north section of the west wing roof at City Hall South.

FISCAL IMPACT:

The project will be funded with Fiscal Year 2026-27 budget from the Capital Outlay Funds in the amount of $150,000, no further allocation of new funds will be needed for this project.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Signed Agreement

2. Exhibit A

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 27, 2026
SUBJECT: Accept bid and approve agreement with Universal Wiring Group ($441,925) for New Automated Weather Observation System at the Bakersfield Municipal Airport
RECOMMENDATION:

Staff recommends acceptance of low bid and approval of contract.

BACKGROUND:

The work performed consists, in general, of the installation of a new Automated Weather Observation System (AWOS) at the Bakersfield Municipal Airport. Other items include installation of conduit, conductor, junction cans and lids, and a step up/step down transformer.

On May 21, 2026, the City received four (4) bids for this project. All four bids were deemed acceptable.

Those acceptable bids are as follows:

Universal Wiring Group
232 E 2nd Ave
La Habra, CA 90631
in the amount of $441,925.00
Innovative Engineering Systems, Inc
dba Agilitech
8800 Crippen St
Bakersfield, CA 93311
in the amount of $492,768.00
A-C Electric Company
2921 Hanger Way
Bakersfield, CA 93308
in the amount of $524,170.00
Vellutini Corporation
dba Royal Electric Company
8481 Carbide Ct
Sacramento, CA 95828
in the amount of $614,416.00
FISCAL IMPACT:

This project has total budget amount of $460,000 through a combination of state, federal, and local funds.

There is no General Fund impact associated with this contract award.

COUNCIL GOAL:

Reliable Infrastructure
Safety and Resilience
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 15, 2026
SUBJECT: South Mill Creek Village Fencing Project
Accept bid and approve contract with DASH Construction Company, Inc. (not to exceed $329,360.00) (Ward 2)
RECOMMENDATION:

Staff recommends acceptance of the bid and the approval of the contract.

BACKGROUND:

In October 2011, Creekview Villas LLC, completed construction of the first 14 units of the Creekview Villas condominium project located at 1300 R Street, north of California Avenue. In December 2012, the City of Bakersfield (as the Successor Agency to the dissolved Bakersfield Redevelopment Agency) took possession of the property at 1300 R Street (Deed in-lieu of foreclosure) from Creekview Villas, LLC due to the entity experiencing financial difficulties.

The South Mill Creek Area encompasses three affordable housing complexes: 1) The Creekview Villas Condominiums, a partially constructed 36-unit housing development for ownership by low- and moderate-income households; 2) City Place Apartments, a 70-unit affordable rental housing complex, and 3) Mill Creek Courtyard Senior Apartments, a 62-unit affordable senior housing complex.

Fencing enclosing the entirety of the South Mill Creek Area is proposed due to persistent safety concerns and unwanted trash around the premises. The location of the fencing encompasses three parcels and construction is planned on the southwest and northwest corner of Assessor Parcel Number (APN) 006- 590-37, on the southeast and northeast of APN 006-491-15, and the southeast and southwest corner of APN 006-352-09. Fencing and gates would be strategically placed, utilizing existing facilities and security measures, to enclose the three complexes that encompass the area.

The work to be performed consists in general, but not limited to, the construction of black wrought iron fencing enclosing the South Mill Creek Village, City Place Apartments, and the Mill Creek Courtyard perimeter with resident vehicle and pedestrian access as shown on plans. Electrical routing will require conduit boring to power the gate operators. Modifications to existing handrails, median island, curb ramps, and sidewalk will be performed to meet current ADA requirements.

The engineer’s estimate for the project is $383,000.00. On February 24, 2026, the City received six bids for this project. The bids are as follows:

DASH Construction Company In the amount of $329,360.00
6320 Canoga Ave., Suite 220
Woodland Hills, CA 91367
Synergy Construction & Development Corp In the amount of $473,400.00 2404 Edingal Dr
Bakersfield, CA 93311
Proffitt Construction dba Superior Construction In the amount of $491,338.00 4241 E Brundage Lane
Bakersfield, CA 93307
S&B Sons Inc. In the amount of $590,101.44
6807 Cherry Avenue
Bakersfield, CA 93309
J.L. Plank Inc dba Cen-Cal Construction In the amount of $623,649.00 34762 Lencioni Ave
Bakersfield, CA 93308
Red Hawk Services Inc In the amount of $673,401.68
262 E 1st Street
Perris, CA 92570
DASH Construction Company, Inc. was considered the lowest responsive bidder, and staff recommends approval of the contract.

FISCAL IMPACT:

This project (LEJ192) is funded by PSVS through the Urban Redevelopment Fund, budgeted in Fiscal Year 2026-27. Sufficient funding is available to award the bid and cover contingency.

COUNCIL GOAL:

Safety and Resilience
Reliable Infrastructure
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: June 24, 2026
SUBJECT: Appropriate $1,941,878.96 of Litigation Revenue to Domestic Water Fund Capital Improvement Budget
[Document Description]
RECOMMENDATION:

Staff recommend approval of the appropriation.

BACKGROUND:

On June 5, 2023, City joined Multi-District Litigation No. 2873 (“MDL 2873”) against 3M, DuPont, and other PFAS/PFOA manufacturers to recover damages associated with PFAS/PFOA contamination of the City’s water supply.

In 2024, City reached a settlement in MDL 2873 that provides for the recovery of capital costs associated with installing treatment vessels at nine (9) City wells. To date, the City has received $6,479,324.96 in settlement funds, with additional payments anticipated.

On November 19, 2025, $800,000 of the settlement proceeds were appropriated to the Domestic Water Fund Capital Improvement Budget.

On March 25, 2026, $3,737,446 of the settlement proceeds were appropriated to the Domestic Water Fund Capital Improvement Budget.

At this time, staff is requesting that the remaining $1,941,878.96 be appropriated to the Domestic Water Fund Capital Improvement Budget to support the continued implementation of necessary water treatment infrastructure improvements.

FISCAL IMPACT:

There is no fiscal impact to the General Fund associated with this appropriation.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Miscellaneous TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: June 26, 2026
SUBJECT: Approval of an Interfund Loan Policy
[Document Description]
RECOMMENDATION:

Staff recommends Council approve Interfund Loan Policy
BACKGROUND:

In March 2026 the City Council entered into an agreement to execute a lease with an option to purchase property located at1440 Truxtun Avenue. In connection with the potential option to purchase the facility, staff presented the possibility to finance that purchase price internally via an interfund loan.

While the City Council has initiated interfund loans in the past, the City’s municipal financial advisors (Fieldman Rolapp) recommended an interfund loan policy be approved to align with best practices and to properly administer these types of financing options.

Interfund loans are the lending of cash from one City fund to another for a specific purpose and with a requirement for repayment. The practice of interfund lending is a recognized aspect of municipal finance and may be used to address temporary cash flow needs, finance capital projects, acquire assets, or support other approved governmental purposes. Interfund loans may be either short-term or longterm depending on the purpose and expected repayment period. All interfund loans must have a documented source of repayment and a reasonable expectation of repayment.

FISCAL IMPACT:

No direct fiscal impact, although the Policy will add controls and help ensure the timely repayment of interfund loans.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Interfund Loan Policy
C:\Program Files\eSCRIBE\TEMP\1739898577\1739898577,,,Interfund Loan Policy 2026 DRAFT .docx 1

INTERFUND LOAN POLICY
I. PURPOSE
The City’s Interfund Loan Policy documents the methods used by the City to demonstrate prudent financial management over interfund loans.

The policy:
 Requires City Council approval of interfund loans, except for short-term working capital loans.
 Permits short-term interfund loans for working capital to cover Council-approved reimbursable grants and projects and other temporary timing differences in cashflows.  Prohibits interfund loans from being used to solve ongoing structural budget issues or hindering the accomplishment of any function or project for which the lending fund was established.

II. BACKGROUND
Interfund loans are the lending of cash from one City fund to another for a specific purpose and with a requirement for repayment.

The practice of interfund lending is a recognized aspect of municipal finance and may be used to address temporary cash flow needs, finance capital projects, acquire assets, or support other approved governmental purposes. Interfund loans may be either short-term or long-term depending on the purpose and expected repayment period. All interfund loans must have a documented source of repayment and a reasonable expectation of repayment.

Under Governmental Accounting Standards Board (GASB) Statement No. 34 and GASB Codification Section 1800 (Interfund Activity), an interfund loan is a reciprocal interfund activity in which one fund provides resources to another fund with a requirement and expectation of repayment. Interfund loans are reported as interfund receivables and payables rather than transfers.

Short-term interfund borrowings are temporary loans expected to be repaid within the current fiscal year and are generally used to address timing differences in cash flows.

C:\Program Files\eSCRIBE\TEMP\1739898577\1739898577,,,Interfund Loan Policy 2026 DRAFT .docx 2 Long-term interfund advances are loans not expected to be repaid within the current fiscal year and are used to finance specific projects, acquisitions, or other approved purposes with a documented repayment schedule.

III. POLICY
Long-term Loans
Interfund loans, other than short-term working capital loans, must be approved by the City Council. Council approval will include the following terms of the loan:
 Purpose of Interfund Loan
 Identification of the source fund
o Availability of unrestricted funds in the source fund o Review of multi-year plans for use of source fund cash o Analysis of legal or contractual restrictions
 Repayment of Interfund Loan
o Repayment must have a payment source and funding stream o Specific repayment schedule
o Interest imposed at a rate equal to at least investment earnings if loan did not occur
o The maximum allowable term for long-term loans will be 10 years  Other Considerations
o Feasibility of repayment
o Internal controls to monitor repayment
Any material modification to the repayment schedule, maturity date, or interest rate shall require City Council approval.

Short-term Loans
Short-term interfund loans for working capital to provide cash for Council-approved reimbursable grants and projects are permitted. Short-term working capital loans are also permitted for temporary timing differences in cash flows when expenditures are incurred before revenue is collected.

The General Fund shall be the primary source of short-term working capital interfund loans.

Short-term working capital loans may be approved administratively by the Finance Director or the City Manager and will be included in the annual financial reports submitted the City Council Prohibited Uses
 Interfund loans will not be used to solve ongoing structural budget issues.

C:\Program Files\eSCRIBE\TEMP\1739898577\1739898577,,,Interfund Loan Policy 2026 DRAFT .docx 3  Interfund loans will not hinder the accomplishment of any function or project for which the lending fund was established.

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent – Miscellaneous TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 29, 2026
SUBJECT: Response to Grand Jury Findings and Recommendations regarding Traffic Calming. [Document Description]
RECOMMENDATION:

Staff recommends City Council authorize the transmittal of the response to the Presiding Judge of the Superior Court.

BACKGROUND: The 2025-2026 Kern County Grand Jury issued a report titled "Traffic Calming for the City of Bakersfield." The Grand Jury is a body of 19 citizens, independent of any political or special interest group. Grand Jury members have an avid interest in preserving honest and proper conduct of all government agencies in Kern County. Grand Jurors also possess the desire to ensure that all monies within these areas of government are being handled prudently and in the best interest of Kern County and Bakersfield City residents. The Grand Jury's purpose is to serve and assist the people of Kern County.

The Grand Jury has two basic functions:

1. Civil Function: In this capacity, the Jury has the power and duty to examine the function and performance of public offices and officers. They report their findings and can make recommendations for change.

2. Criminal Function: In this capacity, the Jury has the power and duty to inquire into possible public offenses and misconduct in office by public officers, and to determine whether to return indictments charging the commission of felonies.

This report addresses concerns about traffic patterns and speeding in the City. The findings in the report highlight some deficiencies in coordination between the Bakersfield Police Department and the Public Works’ Traffic Division regarding traffic issues. The report also provides recommendations to ensure proper reporting from constituents, as well as the implementation of routine reviews of traffic patterns and traffic calming measures. The Grand Jury Report and the response to the report are attached to this report.

FISCAL IMPACT:

There is no fiscal impact in responding to the Grand Jury.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Report – Traffic Calming City of Bakersfield

2. Grand Jury Responses Traffic 7-6-2026
2025-2026 Kern County Grand Jury Report 1
Traffic Calming for the City of Bakersfield
We Should All Slow Down
A review of the City of Bakersfield’s use of traffic calming measures in residential zones.

Picture of a speed hump located in a residential area.

Photo from the Caltrans website
SUMMARY:

The City of Bakersfield (City) has many major streets, termed “arterial” and “collectors”, leading directly into residential neighborhood streets defined as “local” streets. (Addendum A) Most often, local streets join a collector or arterial street at a 90-degree angle and are usually not marked with speed limit signs. Under California and City laws, most local streets have a prima facie1 speed limit of 25 miles per hour. (California Vehicle Code §22352) Almost all collectors and arterial streets are posted at much higher speeds than residential (local) streets, often double the local street limit of 25mph. This rapid transition from high speed to slow speed can become problematic as drivers may continue well over the 25mph limit after entering the local street. Further increasing concerns are that many local streets are laid out in straight lines for several blocks, which also encourages continued higher speeds.

The State of California has long-established laws and codes, while allowing incorporated cities latitude in traffic planning, also places great emphasis on efficient and environmentally friendly transportation. The California Environmental Quality Act (CEQA), passed in 1970, codified the State’s intent to implement environmental review and public disclosure whenever cities address traffic issues. Further, California State law included Traffic Impact Analysis as integral to CEQA, particularly directed at limiting Vehicle Miles Traveled2 .
1 California prima facie speeds are default speed limits applied when no other speed limit signs are present.

Typically, 25mph in residential areas. 2 www.lci.ca.gov/ceqa 2025-2026 Kern County Grand Jury Report 2
PURPOSE OF INQUIRY:

California Penal Code §925, authorizes the Grand Jury to conduct inquiries and investigations into the operations, accounts, and records of County and City departments.

The City of Bakersfield Public Works Department (Public Works) Engineers and Staff are charged with ensuring compliance with all State laws and regulations governing traffic engineering within City limits. With the City’s population and geographic growth, traffic volume has increased substantially, and some former local streets have become arterials or collectors. Streets such as Gosford, Columbus, Coffee, and many others have changed from two-lane, low-traffic streets to 6-lane arterials within a few years. These changes have presented challenges to Public Works as it attempts to balance rapid growth, budget constraints, and political pressures. In response, several measures are being implemented. These are defined as “traffic calming,” and seek to reduce traffic accidents, pedestrian injuries, and deaths. The 2025-2026 Kern County Grand Jury (Grand Jury) reviewed the Public Works Traffic Engineering Support Division (Division) efforts to apply traffic calming, particularly in residential areas.

METHODOLOGY:

The Grand Jury reviewed current literature, including California State laws, the City’s General Plan, and the proposed 2045 General Plan. Also reviewed were several overlapping locally generated plans addressing traffic engineering:

1. The Local Road Safety Plan (LRSP), a data-rich document, reviews traffic accidents and incorporates guidelines from the federal Highway Safety Improvement Program.

2. The City’s Active Traffic Plan.

3. The Bakersfield Neighborhood Traffic Calming Program (NTCP)3.

4. Further information was obtained by reviewing the Public Works Subdivision and Engineering Design Manual, particularly sections Division 5 and 64.

The LRSP and NTCP are city-wide plans focusing primarily on arterial and collector streets. There is little mention of traffic calming procedures or reviews for residential streets5.

In-person interviews were also conducted with personnel at Public Works and the Traffic Division of the Bakersfield Police Department (BPD).

DISCUSSION OF FACTS:

The City of Bakersfield’s Public Works Department is wholly responsible for all aspects of city planning, including traffic. Public Works includes Engineering, Traffic, and other divisions.

The City has grown substantially, almost doubling in population from 245,545 in 2000 to over 420,530 in 2025 (an increase of over 71%). The City’s land area has increased by over 7%, going from approximately 141 square miles in the year 2000 to approximately 151 square miles. 3 https://content.civicplus.com/api/assets/e18cc532-3711-4fd6-81d8-74f1fb10df67 4 www.bakersfieldcity.us/943/Subdivision-Engineering-Design-Manual 5 www.kerncog.org/wp-content/uploads/2025/05/LRSP_Bakersfield_202206.pdf 2025-2026 Kern County Grand Jury Report 3
In the year 2000, the City’s Traffic Engineering Support Division had approximately five Engineers. Twenty-six years later, the level of engineering staff remains the same. The City was able to add three more Traffic Signal Technicians. These Signal Techs repair and install traffic signals and do not participate in any planning/engineering activities.

The City relies heavily upon citizen complaints before conducting a review of residential traffic flow. Additional input on traffic concerns may be gained from accident reports, particularly when several incidents have been reported in a given area (as noted in the LRSP). The BPD does track accident rates, but there is no routine conference or review held between the Police Department and Public Works staff to discuss traffic concerns.

Citizens complaining about speeding or excessive traffic are usually first directed to contact the BPD using the email link found on their website.
6 The BPD reviews the submission and, if deemed
appropriate, traffic enforcement officers may be dispatched to monitor the area. While present, these officers can be an effective deterrent to speeding infractions, however, this deterrence can rapidly disappear once officers leave the area.

The City has an online portal for traffic signage and street maintenance, such as potholes7. There is not a way for citizens to file a complaint online about excessive traffic and/or speeding. There is a form located at the end of the final Neighborhood Traffic Calming Program (NTCP) report.

This form was not found anywhere else online. Since it is attached to the NTCP, it must be printed out or saved to a computer and then delivered to Public Works, or by calling directly at 661-326- 3724. (Addendum B)
Following a complaint, residents are directed to circulate a petition within their neighborhood and gain enough signatures to prompt a full Public Works review. The petition circulated by individuals residing in the area must be signed by more than 50% of the households affected. It is not clear how the City determines which households would be affected in a given area. The Division reviews submitted petitions to determine whether they have enough verified signatures, and which traffic calming tools might be used.

Once a petition is determined to have merit, multiple methods can be employed to address the issue. Traffic flow surveys are completed, including reviews of speed limits, signage, street conditions and layout.

Several traffic calming measures exist, one of which, bike lanes, is already being implemented by Public Works on both arterial and collector streets. As bike lanes have already been reported upon by the 2024-2025 Grand Jury, this report will not address their use other than to note these lanes are specific to arterial and collector streets and, in most cases, are not relevant to local streets.

Recently, Public Works has begun using speed humps to slow traffic in residential and school zones. Speed humps differ from speed bumps found in many parking lots. Humps are designed to be a more gradual transition, intended to reduce speed to around 10-15 mph without the abrupt, sudden jarring that a speed bump designed to reduce speed to 5-10 mph) provides. Speed humps are preferred over speed bumps (Figures 1 and 2) for residential streets:
6 [email protected]
7 www.bakersfieldcity.us/
2025-2026 Kern County Grand Jury Report 4

1. The City relies upon police services to address most speeding concerns.

2. The BPD can monitor traffic speeds for a period of time, but their presence is not permanent.

3. Most BPD traffic patrols focus upon arterial or collector streets.

4. The BPD’s traffic enforcement may not have a long-term influence on driver behavior.

5. The Public Works staff report that a monthly list of speeding complaints is sent to BPD; there is no regular meeting between the Division and the Police Department to proactively address speeding in residential areas.

6. The Division relies upon citizen complaints to initiate many residential traffic reviews, and then requires residents to do the legwork in circulating a petition.

7. The City does promote an online complaint/suggestion form; however, it does not have a place to submit a traffic complaint or request for a traffic calming review.

8. Speed humps significantly slow traffic. Their placement must be carefully designed to ensure that it is appropriate and safe.

9. Some research has suggested emergency responders, such as fire, have expressed concerns that speed humps may slow their response and possibly damage their equipment.

10. The Public Works does not have a process to routinely review traffic patterns across the City.

11. The City does not have a formal agreement with local higher education institutions, such as California State University, Bakersfield to place interns into Public Works.

12. Staff shortage at Public Works makes it reactive rather than proactive to citizen concerns.

FINDINGS:

The 2025-2026 Kern County Grand Jury finds:

F1. The City does not have a process to routinely review traffic patterns across the City, which can lead to citizens' complaints about congestion and speeding.

F2. For over 26 years, Public Works has not increased Traffic Engineering staff levels. This can cause numerous long-term problems, including long waits for new project approvals, reliance upon less-skilled positions to take up the slack, and an inability to proactively respond before citizens complain.

F3. The City may be losing trained engineers and staff to other regions and companies due to higher pay scales and/or lower workloads.
2025-2026 Kern County Grand Jury Report 5
F4. The Public Works Department and BPD do not routinely meet to assess traffic concerns. This may cause conflicts of interest between the departments concerning speed enforcement, and congestion control.

F5. The many City Plans (General Plan and various Local Traffic Plans) created over the last two decades are sometimes conflicting, redundant, or no longer relevant. There is not a single website where all relevant plans can be found.

F6. The City’s website does not have a clear online pathway for citizens to file complaints about traffic-specific concerns, including reports of excessive speeding; thus, there is a reliance upon BPD traffic enforcement rather than reviewing engineering issues.

F7. The Public Works staff are dedicated employees, as demonstrated by their hard work to remain up to date regarding traffic engineering and regulations.

F8. The Public Works Department and the Traffic Division do not regularly schedule reviews of city codes regarding street transitions to collectors and/or arterials.

Regularly scheduled reviews could ensure the latest traffic calming tools are applied to local streets and all new development.

RECOMMENDATIONS:

The 2025-2026 Kern County Grand Jury recommends:

R1. By July 1, 2026, the City should implement a routine review of traffic patterns for all streets. This should occur every two years and may be able to utilize interns to take some of the workload off regular staff. (Finding F1, F3, F8) R2. By July 1, 2026, the City should review staffing levels and workloads within the Public Works Department to address the increase in traffic, land area, and ever-changing State regulations. (Finding F2, F3)
R3. The City should conduct a pay equity study for the Public Works Department, including workload requirements, to be implemented no later than July 1, 2026. This study should be completed and published on the City’s website by November 1, 2026. (Finding F2, F3)
R4. By August 1, 2026, the City should work with the Engineering Department at California State University, Bakersfield to bring interns into Public Works. This could help the City reduce workloads and identify potential new employees before losing them to other job markets. (Finding F2, F3)
R5. By July 1, 2026, Public Works and BPD should set up formal annual or biannual meetings between representatives of each department to review and address traffic concerns. (Finding F4)
2025-2026 Kern County Grand Jury Report 6
R6. The City Council should conduct a full review of all current City traffic plans to be completed by September 1, 2026. These plans should be incorporated into the General Plan, and compiled into easily accessible and consistent formats. (Finding F5, F8) R7. By July 1, 2026, the City should include forms in its app, allowing citizens to easily submit concerns about speeding or other traffic issues. (Finding F6) COMMENTS:

The 2025-2026 Kern County Grand Jury thanks the City of Bakersfield staff who took the time to explain current traffic rules and regulations. It is also appreciated they were open about their opinions and offered valuable suggestions to help the people of Bakersfield.

NOTES:
• The City of Bakersfield and the City of Bakersfield Public Works Department should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at:
www.kerncounty.com/grandjury
• Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE DEADLINE:
• REQUIRED WITHIN 90 DAYS FROM:

City of Bakersfield City Council
City of Bakersfield Public Works Department
• REQUESTED WITHIN 90 DAYS FROM:

City of Bakersfield Police Department
RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c)
AND 933.05:
• PRESIDING JUDGE

SUPERIOR COURT OF CALIFORNIA

COUNTY OF KERN
1415 TRUXTUN AVENUE, SUITE 212
BAKERSFIELD, CA 93301
• FOREMAN

KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
2025-2026 Kern County Grand Jury Report 7
Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
2025-2026 Kern County Grand Jury Report 8
FIGURE 1
Drawing displaying the difference between a speed hump and a speed bump https://highways.dot.gov/safety/speed-management/speed-management-countermeasures-more-just-speedhumps FIGURE 2
Photo of City of Bakersfield street crew installing a new traffic calming hump https://storymaps.arcgis.com/stories/23c4e43cdfdb424fb89be0d9c786ba9a 2025-2026 Kern County Grand Jury Report 9

ADDENDUM A
Arterial Streets

1. Major (Principal) Arterial: The major arterial (referred to as a principal arterial by AASHTO) serves the major center of activities of urbanized areas, the highest traffic volume corridors, the longest trip, and carries a high proportion of a total urban travel on a minimum of mileage. The system should be integrated both internally and between major rural connections.

The major arterial system carries most of the trips entering and leaving the area as well as most of the through movements bypassing the central city. In addition, significant intra-area travel such as between central business districts and outlining residential areas, between major inner-city communities, and between major suburban centers, is served by major arterials. Frequently, the major arterial carries important intra-urban as well as inter-city bus routes.

Finally, in urbanized areas, this system provides continuity for all rural arterials that intercept the urban boundary.

Access to private property from the major arterial is specifically limited in order to provide maximum capacity and through movement mobility. Although, no firm spacing rule applies in all or even in most circumstances, the spacing between major arterials may vary from less than 1 mile in highly developed central areas to 5 miles or more in developed urban fringes.

2. Minor Arterial: The minor arterial inter-connects with and augments the major arterial system. It accommodates trips of moderate length at a somewhat lower level of travel mobility than major arterials. This system places more emphasis on land access but still has specific limits on access points. A minor arterial may carry local bus routes and provide intra-community continuity but ideally does not penetrate identifiable neighborhoods. This system includes urban connections to rural collector roads where such connections have not been classified as urban major arterials.

The spacing of minor arterials may vary from 1/8 to 1/2 mile in highly developed areas to 2 to 3 miles in suburban fringes but is not normally more than 1 mile in fully developed areas.
2025-2026 Kern County Grand Jury Report 10
Collector Streets
The collector street system provides both land access and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to their ultimate destinations. Conversely, the collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. In the central business district, and in other areas of similar development and traffic density, the collector system may include the entire street grid.

1. Major Collector: This type of street provides for movement of traffic between arterial routes and minor collectors and may collect traffic, at moderately lower speeds, from local streets and residential and commercial areas. A major collector has control of access to abutting properties with a majority of access at local street connections. Normally, a slightly higher emphasis is placed on through movements than direct land access.

2. Minor Collector: This type of street provides movement of traffic between major collector routes and residential and commercial local streets as well as providing access to abutting property at moderate low speeds. Consideration for through movements and direct land access is normally equal.

Local Streets
Local streets allow direct access to abutting land and connections to the higher order street systems.

They offer the lowest level of mobility and deliberately discourage major through traffic movements.

Definitions provided by Iowa Statewide Urban Design and Specifications Manual (https://www.iowasudas.org/wp-content/uploads/sites/15/2025/12/SUDAS_Design_2026_Edition.pdf) 2025-2026 Kern County Grand Jury Report 11

ADDENDUM B

TRAFFIC CALMING REQUEST FORM FROM NTCP

CITY OF BAKERSFIELD

PUBLIC WORKS DEPARTMENT

NEIGHBORHOOD TRAFFIC CALMING PROGRAM

REQUEST FORM

THE PURPOSE OF THIS FORM IS TO ENABLE RESIDENTS, BUSINESS

OWNERS, AND STAKEHOLDERS WITHIN THE CITY OF

BAKERSFIELD TO REQUEST AN EVALUATION OF POTENTIAL

TRAFFIC CALMING SOLUTIONS FOR A PROBLEM LOCATION OR
LOCATIONS WITHIN THE CITY. BY DOING SO, THE APPLICANT IS INITIATING THE FIRST PHASE OF THE CITY’S NEIGHBORHOOD
TRAFFIC CALMING PROGRAM OR NTCP. THIS FORM MUST BE

FILLED OUT COMPLETELY, INCLUDING APPLICANT

INFORMATION,

A DESCRIPTION OF THE ISSUE(S) AT HAND, THE LOCATION(S) OF

CONCERN, ANY DESIRED SOLUTIONS (IF KNOWN), AND THE

SIGNATURES AND CONTACT INFORMATION OF ANY ADDITIONAL
AFFECTED PARTIES WHO SUPPORT THE REQUEST.

APPLICANT NAME: ___________________________ DATE OF
SUBMISSION: ______________________
APPLICANT EMAIL/PHONE:
_________________________________________________________________ APPLICANT ADDRESS:
__________________________________________________________________ ___

PLEASE DESCRIBE THE TRAFFIC AND/OR SAFETY ISSUE(S) OF
CONCERN:
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ __________________.

PLEASE IDENTIFY THE LOCATION(S) OF CONCERN INCLUDING

STREET NAME(S), NEAREST INTERSECTION, AND THE EXTENT
2025-2026 Kern County Grand Jury Report 12
OF THE IMPACTED AREA. YOU MAY INCLUDE A MAP OR SKETCH
WITH YOUR SUBMITTAL IF DESIRED.
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ __________________.

IF KNOWN, PLEASE INDICATE THE DESIRED SOLUTION OR
OUTCOME YOU WISH TO OBTAIN FROM THE NTCP.
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ ___________________
__________________________________________________________________ __________________.
36 CITY OF BAKERSFIELD

PUBLIC WORKS DEPARTMENT

PLEASE PROVIDE THE NAMES, SIGNATURES, ADDRESSES, AND

CONTACT INFORMATION OF ANY ADDITIONAL RESIDENTS,

PROPERTY OWNERS, BUSINESS OWNERS, OR OTHER

STAKEHOLDERS WITHIN THE AFFECTED AREA THAT WOULD

LIKE TO
DEMONSTRATE SUPPORT FOR THIS REQUEST.

NAME SIGNATURE ADDRESS EMAIL PHONE
1)_________________________________________________________________ __________________
2)_________________________________________________________________ __________________
3)_________________________________________________________________ __________________
4)_________________________________________________________________ __________________
5)_________________________________________________________________ __________________
2025-2026 Kern County Grand Jury Report 13
6)_________________________________________________________________ __________________
7)_________________________________________________________________ __________________
8)_________________________________________________________________ __________________
9)_________________________________________________________________ __________________
10)________________________________________________________________ __________________.

ADDITIONAL COMMENTS
__________________________________________________________________ ___________________
__________________________________________________________________ __________________.

UPON COMPLETION, THIS FORM CAN BE SUBMITTED
ELECTRONICALLY VIA THE CITY’S NTCP WEBSITE OR PRINTED
AND
SUBMITTED BY MAIL OR IN-PERSON TO:

BAKERSFIELD PUBLIC WORKS DEPARTMENT
1600 TRUXTUN AVENUE
BAKERSFIELD, CA 93306

FOR QUESTIONS ABOUT THIS FORM, PLEASE CONTACT

BAKERSFIELD PUBLIC WORKS BY EMAIL AT
[email protected] OR BY PHONE AT (661) 326-3724
2025-2026 Kern County Grand Jury Report 14
Screenshot of 2025 Caltrans Plan Manual. Manual includes all requirements for general street construction and drainage. dot.ca.gov/-/media/dot-media/programs/design/documents/2025-standard-plans-locked.pdf FINDINGS:

Finding #1.

The City does not have a process to routinely review traffic patterns across the City, which can lead to citizens' complaints about congestion and speeding.

CITY – Disagrees. Public Works traffic division staff constantly monitors and makes adjustments to improve traffic timing and patterns through their new software and traffic center.

Finding #2.

For over 26 years, Public Works has not increased Traffic Engineering staff levels. This can cause numerous long-term problems, including long waits for new project approvals, reliance upon less-skilled positions to take up the slack, and an inability to proactively respond before citizens complain.

CITY – Agrees with clarification. Some responsibilities have been transferred to other Public Works Divisions, including the installation of new traffic signals and adaptive signal installations. Cameras and newer software have also allowed some work requests to be completed instantaneously in the office, whereas those work requests used to require an employee to go out into the field.

Finding #3.

The City may be losing trained engineers and staff to other regions and companies due to higher pay scales and/or lower workloads.

CITY – Agrees.

Finding #4.

The Public Works Department and BPD do not routinely meet to assess traffic concerns. This may cause conflicts of interest between the departments concerning speed enforcement, and congestion control.

CITY- Agrees. The Public Works Department will propose meetings with BPD as suggested.

Finding #5.

The many City Plans (General Plan and various Local Traffic Plans) created over the last two decades are sometimes conflicting, redundant, or no longer relevant. There is not a single website where all relevant plans can be found.

CITY – Agree with clarification. Public Works Design Standards for Developers and Capital Improvement Program Projects are available on the Public Works’ public web page.

Various maps and studies can be found there including Neighborhood Traffic Safety, Safe Routes to School, Bike & Pedestrian Safety, Speed Limits, Traffic Signals, Truck Routes, and Active Transportation Plan. There are old bike plans that may not be as relevant since there are more recent studies completed, such as the Active Transportation Plan. The Public Works Department can evaluate these studies for prioritization or if any need to be deemed obsolete.

Finding #6.

The City’s website does not have a clear online pathway for citizens to file complaints about traffic-specific concerns, including reports of excessive speeding; thus, there is a reliance upon BPD traffic enforcement rather than reviewing engineering issues.

CITY – Agree with clarification. The City allows constituents to make requests for traffic related items by phone and email. However, there is not a clear link or form available on the public website. In 2023, the City completed its Neighborhood Traffic Calming Program, which includes a form (with instructions) for the public to use to make requests.

The City will work internally to have this form readily available on the public website and that the public is more aware of this tool.

Finding #7.

The Public Works staff are dedicated employees, as demonstrated by their hard work to remain up to date regarding traffic engineering and regulations.

CITY - Agree.

Finding #8.

The Public Works Department and the Traffic Division do not regularly schedule reviews of city codes regarding street transitions to collectors and/or arterials. Regularly scheduled reviews could ensure the latest traffic calming tools are applied to local streets and all new development.

CITY – Agree with clarification. The City disagrees with the first part: The General Plan Circulation Element designates each street as Arterial, Collector, or Local. Each have different functions and geometric designs. The designation of a street does not change with development around it. A street designated as a Local street never becomes a collector or an arterial. The City agrees that the latest traffic calming tools will be applied to local streets within all new developments per the Subdivision and Engineering Design Manual.

RECOMMENDATIONS:

Recommendation #1.

By July 1, 2026, the City should implement a routine review of traffic patterns for all streets.

This should occur every two years and may be able to utilize interns to take some of the workload off regular staff. (Finding F1, F3, F8)
City Acknowledged the recommendation but disagree. The City’s Public Work’s Department monitors traffic patterns continuously through its traffic operations center.

The City utilizes loops and cameras at most collectors and arterial intersections where congestion can be an issue.

Recommendation #2.

By July 1, 2026, the City should review staffing levels and workloads within the Public Works Department to address the increase in traffic, land area, and ever-changing State regulations. (Finding F2, F3)
City Acknowledged. The City’s Public Works Department will be reviewing its staffing levels quarterly for the next Fiscal Year and evaluate what is further needed to support traffic engineering and traffic operations.

Recommendation #3.

The City should conduct a pay equity study for the Public Works Department, including workload requirements, to be implemented no later than July 1, 2026. This study should be completed and published on the City’s website by November 1, 2026. (Finding F2, F3) City Acknowledged with clarification. The City completed a City-wide study of all positions and salaries within the last 5 years, and specifically for its engineering sections. The City will reevaluate those recommendations and determine if there should be any further changes to pay equity regarding the Public Works Department.

Recommendation #4.

By August 1, 2026, the City should work with the Engineering Department at California State University, Bakersfield to bring interns into Public Works. This could help the City reduce workloads and identify potential new employees before losing them to other job markets. (Finding F2, F3)
City Acknowledged. The City’s Public Work’s Department will coordinate efforts with the City’s Human Resources Department.

Recommendation #5.

By July 1, 2026, Public Works and BPD should set up formal annual or biannual meetings between representatives of each department to review and address traffic concerns. (Finding F4)
City Acknowledged. The City’s Public Work’s Department will coordinate efforts with the City’s Police Department.

Recommendation #6.

The City Council should conduct a full review of all current City traffic plans to be completed by September 1, 2026. These plans should be incorporated into the General Plan, and compiled into easily accessible and consistent formats. (Finding F5, F8) City Acknowledged but with clarification. The City’s Public Work’s Department is working with the lead Department, Development Services, in updating the General Plan and the circulation element. These efforts are ongoing and will be completed beyond the recommended deadline. In addition, the Public Work’s Department is updating all of its standards and may utilize a consultant specifically for its traffic related standards. This process will be ongoing and will be completed throughout the fiscal year, which ends June 30, 2027. These standards will not be part of the General Plan, but will be incorporated into the City’s Subdivision and Engineering Design Manual that is utilized and available to the public from the City’s website.

Recommendation #7.

By July 1, 2026, the City should include forms in its app, allowing citizens to easily submit concerns about speeding or other traffic issues. (Finding F6) City Acknowledged but with clarification. The City does have a software phone application where citizens can make requests related to traffic. The City will add a choice to specifically report traffic related concerns or requests. This will be ongoing through the current fiscal year, which ends June 30, 2027.

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent -Successor Agency
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: July 1, 2026
SUBJECT: Receive and file Successor Agency payments from June 10, 2026, to June 30, 2026 in the amount of $459,650.75.

RECOMMENDATION:

Staff recommends report be received and filed.

BACKGROUND:

The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency has a Recognized Obligation Payment Schedule (ROPS) approved by both the Bakersfield Oversight Board and the DOF. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency.

A check register is provided which summarizes the transactions processed during the above-mentioned period. Additional details are provided below for each transaction.

Check #9998584 to THE BANK OF NEW YORK MELLON for $459,650.75 is for debt service payments.

FISCAL IMPACT:
$459,650.75
COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

Oracle SA Admin Check Register 7.15
7/1/2026 AP - CHECK REGISTER - SUCCESSOR AGENCY
FROM
06/10/2026 - 06/30/2026
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Total
9998584 2710 THE BANK OF NEW YORK MELLON 6/25/2026 $ 459,650.75 0 $459,650.75
E-Payables
Number
Vendor
Number Vendor Name E-Payable Date E-Payables Amount

0.00 0 $0.00
0 $459,650.75
Disbursement Total
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - SA\7.15.26\

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Public Safety & Vital Services TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: July 1, 2026
SUBJECT: Accept bid and approve Construction Projects Agreement with Remedial Transportation Services, Inc. (not to exceed $436,925.00) for the Antongiovanni Park Grading Improvements Project. (Ward 7)
RECOMMENDATION:

Staff recommends acceptance of bid and approval of agreement.

BACKGROUND:

City owns a 15-acre Antongiovanni Park Site, located at 7801 Mountain Ridge Drive. The proposed project includes the mass grading of the entire park site in preparation for future construction of Phase I of the park. On May 21, 2026, City solicited bids for the Antongiovanni Park Grading Improvements Project (Project).

On June 18, 2026, five bids were received for this Project:

Remedial Transportation Services Inc. $436,925.00
Nagles Earthworks Inc. $719,497.95
Synergy Construction & Development Corp. $1,062,000.00
Yanez Construction Inc. $1,165,500.00
Guinn Construction Inc. $1,498,209.00
Staff reviewed the bid proposal submitted by Remedial Transportation Services Inc. (Contractor) in the amount of $436,925.00, was deemed acceptable and recommends approval of an agreement for a not to exceed amount of $436,925.00.

FISCAL IMPACT:

This Project is funded by Public Safety and Vital Services funds within the Recreation and Parks Department Capital Improvement Program. No additional funds are needed for this portion of the overall project.

COUNCIL GOAL:

Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:

1. Remedial Transportation Services Agreement Signed

2. Exhibit A

3. Exhibit B – Bid Proposal

EXHIBIT A

TABLE OF CONTENTS
PART A
NOTICE TO CONTRACTORS .........................................................................................................................A-1 GENERAL DESCRIPTION OF WORK.............................................................................................................A-3 REQUEST FOR INFORMATION FORM..........................................................................................................A-4

SPECIAL PROVISIONS
SECTION 1 – DEFINITIONS AND TERMS
1-1.01 General ............................................................................................................................A-5 1-1.02 Definitions and Terms ......................................................................................................A-5 SECTION 2 - PROPOSAL REQUIREMENTS
2-1.01 General Information .........................................................................................................A-6 2-1.02 Approximate Estimate......................................................................................................A-6 2-1.03 Examination of Plans, Specifications, Special Provisions, and Site of Work ..................A-6 2-1.04 Rejection of Proposals Containing Alterations, Erasures or Irregularities .......................A-6 2-1.05 Proposal Form..................................................................................................................A-6 2-1.06 Bidder's Guarantee ..........................................................................................................A-6 2-1.07 Required Listing of Proposed Subcontractors .................................................................A-6 2-1.08 Bid Submittal Items ..........................................................................................................A-7 2-1.09 Omissions in Specifications and Drawings ......................................................................A-7 2-1.10 Withdrawal of Proposals ..................................................................................................A-7 2-1.11 Public Opening of Proposals............................................................................................A-7 2-1.12 Relief of Bidders...............................................................................................................A-7 2-1.13 Disqualification of Bidders................................................................................................A-8 SECTION 3 - AWARD AND EXECUTION OF CONTRACT
3-1.01 General ............................................................................................................................A-9 3-1.02 Award of Contract ............................................................................................................A-9 3-1.03 Contract Bonds ................................................................................................................A-9 3-1.04 Execution of Contract.......................................................................................................A-9 3-1.05 Return of Bidder's Guarantees ........................................................................................A-9 SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 General ..........................................................................................................................A-10 SECTION 5 - GENERAL
5-1.01 State Contract Act Not Applicable..................................................................................A-11 5-1.01a Disabled Veteran Business Enterprises .......................................................................A-11 5-1.01b Non-Small Businesses ..................................................................................................A-11 5-1.02 Alteration in Quantity of Work ........................................................................................A-11 5-1.03 Control of Work ..............................................................................................................A-11 5-1.04 Prevailing Wages .......................................................................................................... A-11 5-1.05 Not used.........................................................................................................................A-12 5-1.06 Labor Nondiscrimination ................................................................................................A-12 5-1.07 Apprentices ....................................................................................................................A-12 5-1.08 Trench Safety.................................................................................................................A-13 5-1.09 Sound Control Requirements.........................................................................................A-13 5-1.10 Permits and Licenses.....................................................................................................A-13 5-1.11 Working Hours ...............................................................................................................A-13 5-1.12 Laws to Be Observed.....................................................................................................A-14 5-1.13 Contractor's Insurance ...................................................................................................A-14 5-1.13a Indemnity........................................................................................................................A-14 5-1.13b Insurance .......................................................................................................................A-14 5-1.14 Contractor's Authority.....................................................................................................A-14 5-1.15 Work in City Streets .......................................................................................................A-14 ii
5-1.16 Right of Way...................................................................................................................A-14 5-1.17 Suspension of Contract..................................................................................................A-14 5-1.18 Temporary Suspension of Work ....................................................................................A-15 5-1.19 Schedule ........................................................................................................................A-15 5-1.20 Payments .......................................................................................................................A-15 5-1.21 Final Payment ................................................................................................................A-15 5-1.22 Hazardous Materials ......................................................................................................A-16 5-1.23 Subcontracting ...............................................................................................................A-16 5-1.24 Substitution of a Subcontractor .....................................................................................A-16 SECTION 6 - CONTROL OF MATERIALS
6-1.01 General ..........................................................................................................................A-18 6-1.02 Borrow, Disposal and Material Sites ..............................................................................A-18 6-1.03 Certificates of Compliance .............................................................................................A-18 PART B
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) DAS-140 FORM
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) PWC-100 FORM

GEOTECHNICAL REPORT
PART C
SECTION 7 - GENERAL CONSTRUCTION
7-1.01 Order of Work.............................................................................................................................. C-1 7-1.02 Progress Schedule...................................................................................................................... C-1 7-1.03 Relations with Property Owners.................................................................................................. C-1 7-1.04 Storm Water Pollution Prevention Plan....................................................................................... C-1 7-1.05 Dust Control ................................................................................................................................ C-3 7-1.06 Conformance Surveying ............................................................................................................. C-4 7-1.07 Obstructions ................................................................................................................................ C-5 7-1.08 Mobilization ................................................................................................................................. C-5 7-1.09 Maintaining Traffic....................................................................................................................... C-6 7-1.10 Existing Facilities......................................................................................................................... C-7 7-1.11 Temporary Construction Fencing................................................................................................ C-7 7-1.12 Sawcut Existing Concrete ........................................................................................................... C-8 7-1.13 Remove Concrete ....................................................................................................................... C-8 7-1.14 Clearing and Grubbing................................................................................................................ C-8 7-1.15 Earthwork .................................................................................................................................... C-8 7-1.16 Hazardous Waste in Excavation ................................................................................................. C-9 7-1.17 Stabilize Ground Surface ............................................................................................................ C-9 7-1.18 Finishing Roadway.................................................................................................................... C-10 PART D

PROPOSAL
Proposal Form.......................................................................................................................................... D-1 Bidder's Bond........................................................................................................................................... D-6 Noncollusion Affidavit............................................................................................................................... D-8 PART E

SAMPLE CONTRACT
Construction Projects Agreement ............................................................................................................. E-1 Faithful Performance Bond ..................................................................................................................... E-14 Material and Labor Bond......................................................................................................................... E-15 Escrow Agreement for Security Deposits in Lieu of Retention ............................................................... E-17 Guarantee - Material and Workmanship ................................................................................................. E-18 Guarantee - Equipment........................................................................................................................... E-19 Public Works Contract Award Information (DAS 140 Form)................................................................... E-20 Department of Industrial Relations (DIR) PWC-100 Form...................................................................... E-21

A-1

CITY OF BAKERSFIELD

DEPARTMENT OF PUBLIC WORKS

NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall North, 1600 Truxtun Avenue, Second Floor, Bakersfield, California, until the time and date indicated on the cover sheet of this document, to be publicly opened and read immediately thereafter in the City Hall North First Floor Conference Room, for the following work:

ANTONGIOVANNI PARK GRADING IMPROVEMENTS PROJECT
Plans, specifications, and forms of proposal, bonds, and contract can be obtained by accessing the City of Bakersfield website www.bakersfieldcity.us. From the Homepage, go to the “DOING BUSINESS” tab, then click on the “Bids & Contracts” link. This link will take you to the Vendor Portal where you can click on “BID OPPORTUNITIES”. From the list of projects, select the project you are interested in. Click on the tab “Prospective Bidders”. There is no charge for downloading a copy of these documents from this website. However, in order to download these files, the requestor must first register as a vendor on this website; there is no charge for this registration. Registration is absolutely necessary in order to be listed as a Prospective Bidder; which ensures receipt of any addenda on the project.

No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears in Part D of this document, and is made in accordance with the provisions set forth under Section 2, “Proposal Requirements”, of the special provisions issued for this project. Each bid must be accompanied by a proposal guarantee in accordance with the provisions set forth under Section 2, “Proposal Requirements”, of the special provisions issued for this project.

The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein.

Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield.

The request for substitution of securities to be deposited shall be submitted on the form entitled “Escrow Agreement for Security Deposits in Lieu of Retention,” a copy of which is included in Part E of this document.

The Contractor must possess a valid Class A Contractor’s License at the time bids are received for this project.

The Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform.

A MANDATORY project site visit has been scheduled for THURSDAY, MAY 28, 2026 at 10:00 am at the Antongiovanni Park Grading Improvements Project site located at 7801 Mountain Ridge Drive, 93313.

Contractors wishing to bid this project must attend and will be able to walk thru the site at that time.

The proposed work shall be done in accordance with the “State of California, Department of Transportation, Standard Specifications” issued by California Department of Transportation, dated 2010, insofar as the same may apply.

Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.), the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director’s schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California.

Effective March 1, 2015, all prime contractors and sub-contractors must have a current registration with the Department of Industrial Relations at the time bids are received and throughout the duration of the project. If a prime contractor is not registered at the time bids are received their bid will be deemed non responsive. If a sub-contractor is not registered at the time bids are received, they must be registered within 24 hours of the bid opening, otherwise A-2
their bid will be deemed non-responsive. In the case that a sub-contractor’s bid is deemed non-responsive, the prime contractor shall substitute that subcontractor with a responsive and responsible registered subcontractor per Section 4107 of the Public Contract Code.

For more information please go to the DIR website at https://www.dir.ca.gov/PublicWorks/PublicWorksLawsRegsDetDec.html. To register with Department of Industrial Relations please go to the following website: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm.

Effective immediately, the prime contractor shall post job site notices prescribed by California Code of Regulations, Title 8 Section 16541 (d).

SB 854 Notice Requirements:
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
• No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

A sample contract is included in this bid package. Please review it carefully. This is the contract the Contractor shall be expected to execute without alteration. If any changes are desired they must be submitted to the City for approval prior to bid opening. If approved, the changes will be issued to all prospective contractors. Failure to submit request for changes in a timely manner will result in a denial of the request for change.

Contractor shall not be allowed to alter or negotiate contract language after the acceptance of Contractor’s proposal.

Failure to execute the contract without alteration may result in the rejection of the Contractor’s proposal and the retaining of a different contractor by the City.

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GENERAL DESCRIPTION OF WORK
The work to be performed consists, in general, of the attending the environmental training sessions, obtaining and complying with NPDES requirements and the provision and execution of a Storm Water Pollution Provision Plan (SWPPP), Construction Staking, Clearing and Grubbing, Dust Control Plan with SJVAPCD permitting, Development of a Water Supply, Earthwork Grading, Stabilization of Ground Surface, Compliance Surveying, cleanup of the project site, streets and sidewalks and all other items necessary to complete the project and as specified herein.

During the bidding of this project, contractors who have questions or desire clarifications about the bid documents, must submit those questions or requests for clarifications in writing using the form provided in the bid documents.

Said questions and requests for clarifications must be submitted by the date identified in the Request for Information (RFI) form and in these Special Provisions.

CITY OF BAKERSFIELD

DARIN BUDAK
Recreation and Parks Director

CITY OF BAKERSFIELD, CALIFORNIA

RECREATION AND PARKS DEPARTMENT
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ANTONGIOVANNI PARK GRADING IMPROVEMENTS PROJECT
- Request for Information Form
BIDDING QUESTION TO: City of Bakersfield, Public Works Department 1501 Truxtun Avenue, Bakersfield, CA 93301
Attention: Fidel Gonzalez
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. seven calendar days prior to the scheduled bid opening. This will allow time to respond to the question and/or to issue an addendum to all contractors addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via postal service, hand delivery or email.

The City encourages sending the written request via email to expedite the process.

Date Submitted: Submitted by: Contractor:

Contact Person:

Address:

Telephone Number:

QUESTION:________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:

Addendum Required: YES___________ NO ______________
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SPECIAL PROVISIONS
SECTION 1 - DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in accordance with the standard specifications entitled “State of California, Department of Transportation, Standard Specifications” issued by California Department of Transportation, dated 2010, as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1-1.07, “Definitions” of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows:

City - City of Bakersfield, California.

Department of Transportation, CALTRANS - The Public Works Department of the City of Bakersfield.

Director - City Engineer.

Engineer - The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City to test materials and work involved in the contract.

Public Contract Code - This contract is subject only to Section 10162 of the Public Contract Code and to those sections of Public Contract Code that are specifically referenced in the Special Provisions, the Bid Proposal, and the Contract issued for this project. All other sections of the Public Contract Code, including the State Contract Act, which is Chapter 1, Part 2, Division 2 of the Public Contract Code, do not apply to this contract.

Special Provisions – The Special Provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications. The specific clauses which formulate the Special Provisions for a specific project are those clauses contained in Part A, Part B and Part C of the document entitled “Notice to Contractors, Special Provisions, Bid Proposal and Contract” and the title of the specific project.

Standard Specifications – The document titled “State of California, Department of Transportation, Standard Specifications” issued by California Department of Transportation, dated 2023.

State - The City of Bakersfield.

Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1-1.07, “Definitions” of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein.

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SECTION 2 - PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. Section 2, “Bidding”, of the Standard Specifications does not apply to this contract.

The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall North, 1600 Truxtun Avenue, Second Floor, in said City until the time and date indicated on the cover sheet of these special provisions sealed proposals for:

ANTONGIOVANNI PARK GRADING IMPROVEMENTS PROJECT
2-1.02 APPROXIMATE ESTIMATE. The Engineer’s estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms.

It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES.

Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected.

The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices proposed. The bidder shall include all unit prices, extended prices and total prices on the proposal form.

If any of those prices are excluded, the submitted bid may be deemed non-responsive. Where indicated on the various forms, the proposal must be signed by a person duly authorized by the bidder to bind the bidder to a contract.

If the proposal is made by an individual, the name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. 2-1.06 BIDDER’S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1.07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. In addition, bidder’s attention is directed to Subsection 4104 (a) (2) which states:

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An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

The listing of proposed subcontractors shall also include a description of the portion of the work that will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion of work as defined by the prime contractor in their bid.

It shall be the responsibility of prime contractors to ensure their listed subcontractors are licensed and in good standing with the Contractors State License Board; to ensure that their listed subcontractors have current registration with the Department of Industrial Relations; to verify that the correct license numbers are listed on their bids prior to submission; to review the subcontractors’ names, locations and license numbers after submitting the bid to ensure accuracy and completeness; and to correct any errors in the license numbers within 24 hours after the bid opening.

A sheet for listing the Subcontractors, as required herein, is included in the Proposal. This form must be submitted with the bid.
2-1.08 BID SUBMITTAL ITEMS. All submitted bids shall include the following completed forms:
▪ Proposal Form;
▪ Bidder’s Bond Form; and
▪ Noncollusion Affidavit Form.
2-1.09 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both.

Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of their responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2-1.10 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by written request for the withdrawal of the bid filed with the Purchasing Department.

The written request shall be on the bidder’s letterhead and shall be executed by the bidder or their duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.11 PUBLIC OPENING OF PROPOSALS. Bids will be opened and read publicly opened and read aloud in a conference room which is located on the first floor of City Hall North, 1600 Truxtun Avenue. Bidders or their authorized agents are invited to be present via Zoom or Teams Meeting (Video Conferencing). 2-1.12 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in their bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows:

Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works A-8
contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three (3) years.

A form for the statement required by Section 10285.1 is included in the proposal. 2-1.13 DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. Bidders may be disqualified for being non-responsible.

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SECTION 3 - AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL. Section 3, “Contract Award and Execution”, of the Standard Specifications does not apply to this contract.

The award of the contract, if awarded, will be to the lowest responsible bidder. The language refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3-1.02 AWARD OF CONTRACT. The award of the contract, if awarded, will be made within sixty (60) calendar days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in Section 3248 of the California Civil Code and shall be for an amount not less than one hundred percent (100%) of the total amount payable by the terms of the contract.

Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with acceptable contract bonds and acceptable, required insurance documents, within ten (10) days, not including Sundays, after the bidder has received notice that the City offers to award the contract to the successful bidder.

The Commercial General Liability and Workers’ Compensation insurance policies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California.

Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents as provided above shall be just cause for the cancellation of the offer to award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER’S GUARANTEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award.

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SECTION 4- BEGINNING OF WORK, TIME OF COMPLETION

AND LIQUIDATED DAMAGES
4-1.01 GENERAL. Attention is directed to the following modifications of the provisions of Section 8-1.04 “Start of Job Site Activities”, Section 8-1.05 “Time”, and Section8-1.10, “Liquidated Damages,” of the Standard Specifications.

The first paragraph of Section 8-1.04B, “Standard Start”, of the Standard Specifications is amended to read:

Start job site activities within 15 days after receiving a Notice to Proceed from the Department.

The first and second paragraphs of Section 8-1.05 Time of the Standard Specifications are amended to read:

Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall diligently prosecute the work to completion before the expiration of 45 working days.

The third and fourth paragraphs of Section 8-1.10A General of the Standard Specifications are amended to read:

The Contractor shall pay to the City of Bakersfield the sum of Two Thousand Dollars ($2,000.00) per day for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor.

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SECTION 5 - GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5-1.01A DISABLED VETERAN BUSINESS ENTERPRISES. Section 5-1.13C of the Standard Specifications does not apply to this project.
5-1.01B NON-SMALL BUSINESSES. Section 5-1.13D of the Standard Specifications does not apply to this project. 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of tenthousand dollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (25%) of the original contract amount, must be authorized by the City Council. 5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, “Control of Work,” of the Standard Specifications and these special provisions.

Section 5-1.23B (1), “Action Submittals, General” of the Standard Specifications is amended by adding the following paragraph:

Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer.

Section 5-1.26, “Construction Surveys” of the Standard Specifications is amended to read as follows :

The Contractor shall provide all stakes and marks for this project. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work.

Prior to starting construction of the project, the Contractor shall diligently research, locate, identify, replace, and preserve all existing survey markers, benchmarks, or monuments, whether visible or buried within the project area; Contractor shall be responsible for filing all necessary documentation including, but not limited to record of survey, corner section, and other records as required by the corresponding jurisdictional agency(ies).

Section 5-1.01, “General”, of the Standard Specifications is amended by adding the following paragraph to the end of the fifth paragraph:

Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection.
5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by themselves or through any subcontractor, eight hours labor shall be one day’s work and forty hours labor shall be one week’s work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations. This schedule of prevailing rates is on file and available for inspection in the Public Works Department and through the Department of Industrial Relations’ website http://www.dir.ca.gov/DLSR/PWD/. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid.

Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract.

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Effective March 1, 2015, all prime contractors and sub-contractors must have a current registration with the Department of Industrial Relations at the time bids are received and throughout the duration of the project. If a prime contractor is not registered at the time bids are received their bid will be deemed non responsive. If a sub-contractor is not registered at the time bids are received, they must be registered within 24 hours of the bid opening, otherwise their bid will be deemed non-responsive. In the case that a sub-contractor’s bid is deemed non-responsive, the prime contractor shall substitute that subcontractor with a responsive and responsible registered subcontractor per Section 4107 of the Public Contract Code.

Effective immediately, the prime contractor shall post job site notices prescribed by California Code of Regulations, Title 8 Section 16541 (d).

Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:
a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which the worker is entitled under said general prevailing rate of wages; and b. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code.
5-1.05 Not used.
5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.02(2) Nondiscrimination of the Standard Specifications and these special provisions.

Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions.
5-1.07 APPRENTICES. The Contractor’s attention is directed to Section7-1.02K(4), “Apprentices,” of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices.

If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following:
a. A copy of a “REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS”. This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor’s and each Subcontractor’s letterhead or DAS 140, enclosed with these specifications.
b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards.

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c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices.

One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents. 5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor’s responsibility shall be as follows:

If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five (5) feet or more in depth, the Contractor or their Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer.

If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.

Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.

Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.

The terms “Public Works,” and “Awarding Body,” as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.
5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to these special provisions.

The noise level from the Contractor’s operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed eighty-six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which requires such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield.
5-1.11 WORKING HOURS. Contractor shall limit the field working hours from 7:00 a.m. to 4:30 p.m. Monday through Friday. Any deviations must be requested in writing and directed to the Engineer at the Pre-Job Conference. Written approval from the Engineer is required for work beyond these limits.

Any time work proceeds which requires inspection services for more than an eight (8.0) hour work day or on legal holidays or on weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention.
5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep themselves fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

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5-1.13 CONTRACTOR’S INSURANCE. The Contractor shall not commence work under this contract until the Contractor has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on their subcontract until said certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies.

Section 7-1.05, “Indemnification”, of the Standard Specifications is deleted in its entirety.

Section 7-1.06, “Insurance”, of the Standard Specifications is deleted in its entirety. 5-1.13A INDEMNITY. The Contractor shall provide the indemnity required by the contract. 5-1.13B INSURANCE. The Contractor shall provide the insurance required by the contract. 5-1.14 CONTRACTOR’S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman’s or superintendent’s name who will be in charge of this project. 5-1.15 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances regulating the use of public streets within the City, except as otherwise provided herein.

The Contractor shall inform themselves as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct their operations in compliance therewith. 5-1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make their own arrangements, and pay all expenses for additional area required by the Contractor outside of the limits of right of way unless otherwise provided in the special provisions. Before storing equipment or stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of their property. The letter shall be filed with the Engineer. 5-1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor’s control shall terminate, and thereupon the City Council, or its duly authorized representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such a manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and their sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or their sureties from liability or failure to fulfill the contract. The Contractor and their sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid.

In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
5-1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as the Contractor may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as the Contractor may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any A-15
provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.19 SCHEDULE Section 8-1.02 Schedule of the Standard Specifications does not apply to this contract. 5-1.20 PAYMENTS. In Section 9-1.03, “Payment Scope” of the Standard Specifications, the section pertaining to annual interest for unpaid and undisputed progress payments and after-acceptance payment except claims does not apply to this contract.

Attention is directed to Section 9-1.16, “Progress Payments,” of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.

Section 9-1.16F, “Retentions”, of the Standard Specifications is revised to read as follows:

The Department shall retain 5 percent of the estimated value of the work done. In addition, on any partial payment made after 95 percent of the work has been completed, the Department may reduce the amount withheld from payment pursuant to the requirements of this Section, to such lesser amount as the Department determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will that amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. The reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Disbursing Officer of the Department; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person to give that consent must either accompany the document or be on file with the Department. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements, in Section 9-1.17D “Final Payment and Claims,” of the Standard Specifications, the following shall apply:

The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following:

Defective work not remedied;
Claims filed or information reasonably indicating probable filing of claims; Failure of Contractor to make payment due for materials and/or labor; Information causing reasonable doubt that the contract can be completed for any unpaid balance; Damages to another Contractor; and
Breach of any terms of this contract.

When any and all such causes are removed, certificates shall be issued for amount withheld.

Under Section 9204 of the Public Contract Code, a public entity must submit a written statement identifying the disputed and undisputed portions of any claim for time extension, payment of money or damages arising from work done, or payment of an amount disputed by the public entity, as further defined in Section 9204, within forty-five days of receipt of the Full and Final Potential Claim Record (as defined in Section 5-1.43D of the State Standard Specifications) sent by registered or certified mail, return receipt requested. The claim must be supported by reasonable documentation such as invoices, extra work tickets signed by a city inspector, and full justification of the basis of the claim. Any payment due on an undisputed portion of the claim must be made within sixty days after the public entity’s written statement is issued.

If the claimant disputes the public entity’s response or the public entity does not provide a written response as required in Section 9204, the public entity must schedule a meet and confer conference within thirty days after receipt of a written request from the claimant sent by registered or certified mail, return receipt requested. Within ten business days following the meet and confer conference, the public entity must provide the claimant with a written statement identifying the portion of the claim that remains in dispute, if any, and the portion that is undisputed. Any payment on the undisputed portion of the claim must be made within sixty days after the public entity issues this written statement.

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Any remaining disputed portion of the claim, shall be submitted to nonbinding mediation with the public entity and the claimant sharing the costs equally. The public entity and the claimant must agree to a mediator within ten business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree on a mediator, each party must select a mediator and those mediators will select a qualified neutral third party to mediate the disputed portion of the claim. Each party will bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If the mediation is unsuccessful, the disputed portion of the claim is subject to applicable procedures outside of section 9204. The parties may agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable.

Amounts not paid as required by Section 9204 are subject to annual interest of seven percent. If a subcontractor lacks standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present a claim on behalf of the subcontractor to the public entity.

Section 9-1.17D(2)(b), “Overhead Claims” of the Standard Specifications is replaced in its entirety with the following:

The Director will make the final determination of any claims which remain in dispute after completion of claim review. A board or person designated by said Director will review such claims and make written recommendation thereon.

The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the “NOTICE OF COMPLETION” is recorded at the County Recorder’s Office and after execution and return by the Contractor of the attached GUARANTEE when applicable.

It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials.

The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof.
5-1.22 HAZARDOUS MATERIALS. The Contractor shall be held responsible for their worker’s and subcontractor’s well-being and their education of handling hazardous materials when hazardous materials are encountered during this project.
5-1.23 SUBCONTRACTING. Attention is directed to the provisions in Section 5-1.13A, "SUBCONTRACTING - General," of the standard specifications and Section 2-1.07, “REQUIRED LISTING OF PROPOSED SUBCONTRACTORS” of these special provisions. Contractor should be aware of the requirements of that Section 5-1.13A for the Contractor to perform a certain portion of the work with their own forces. 5-1.24 SUBSTITUTION OF A SUBCONTRACTOR. The substitution of a subcontractor shall not be allowed except as provided by Section 4107 of the Public Contract Code.

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SECTION 6 - CONTROL OF MATERIALS
6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, “Control of Materials,” of the Standard Specifications and these special provisions.

At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer.

All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, dust control, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.

Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition.

If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer.

Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor.
6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section6-3.05E, “Certificates of Compliance,” of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance.

PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATE OF EXPECTED OR ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS
B-1
DIR-PWC 100 (rev. 11/2025) successor to the DAS 13 form STATE OF CALIFORNIA – DEPARTMENT OF INDUSTRIAL RELATIONS TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142

EXTRACT OF

PUBLIC WORKS CONTRACT AWARD
A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO:

1. NAME OF GENERAL CONTRACTOR 2.CONTRACTOR’S LICENSE NUMBER/PWCR NUMBER

3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) 4. CITY

5. ZIP CODE 6. TELEPHONE NUMBER

7. GENERAL CONTRACTOR’S CONTACT EMAIL ADDRESS 8. ADDRESS/LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND COUNTY):
8a. County9. . NAME OF PROJECT

10. CONTRACT NUMBER 11. PROJECT NUMBER 12. DOLLAR AMOUNT OF CONTRACT AWARD 13 . FIRST ADVERTISED BID DATE

MONTH DAY YEAR
14 CONTRACT AWARD DATE

MONTH DAY YEAR
12a ESTIMATED TOTAL PROJECT COSTS, IF DIFFERENT FROM
ITEM 12 (see instructions).

15. WHICH STATUTE, IF ANY, APPLIES TO THIS PROJECT?

16. STATE CONSTRUCTION BONDS YES NO
SOURCE(S):

DOLLAR AMOUNT (IF DIFFERENT FROM CONTRACT AWARD AMOUNT):

17. WILL YOU OPERATE A DIR-APPROVED LABOR COMPLIANCE
PROGRAM (LCP) FOR THIS PROJECT?
YES NO

18. IS THERE A PROJECT LABOR AGREEMENT (PLA) ASSOCIATED WITH THIS PROJECT? If yes, please email a copy to [email protected] YES NO

19. STARTING DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)

20. COMPLETION DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)

21. BRIEF DESCRIPTION OF WORK TO BE PERFORMED 22.

NEW CONSTRUCTION REMODELING

ALTERATION, DEMOLITION, REPAIR OR MAINTENANCE

23. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) Please list Sub-contractors and their worker classifications on page 2

24. Is language included in the Contract Award to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code? YES NO COB Project Manager/Engineer contact information.

25.NAME 26. TITLE

27. E-MAIL ADDRESS 28. TELEPHONE NUMBER
Duplication of this form is permissible

PROJECT REGISTRATION ID NUMBER
TO BE COMPLETED BY FINANCE DEPARTMENT FROM:

Yellow- To be completed by Finance
Blue- To be completed by Engineer/COB Project Manager
B-2
DIR-PWC 100 (rev. 10/11) successor to the DAS 13 form
EXTRACT OF PUBLIC WORKS CONTRACT AWARD (Continued)
Listing of Sub Contractors
Con. Lic. # Contractor Classification of workers
B-3

GEOTECHNICAL REPORT
See Separate Attachment
B-4

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SECTION 7 - GENERAL CONSTRUCTION
All work involved in constructing this project shall conform to the applicable provisions of the California Department of Transportation Standard Specifications, current edition, hereinafter referred to as Standard Specifications; City Standards; the improvement plans; and these specifications. 7-1.01 ORDER OF WORK. When required by these special provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.

The contractor is directed to Section 7-1.02 “Progress Schedule” in regard to the requirement of providing a comprehensive construction schedule. In respect to the schedule, a properly developed critical path is essential. The contractor is to include the following items, among others needed to detail the work process, to ensure adequate time and associated timing is developed to the best possible execution of the work:

1. Upfront environmental items such as species protection and monitoring including training sessions (these items will be accomplished by others but the contractor is required to accommodate and attend training sessions),

2. NPDES (SWPPP) compliance, BMP placement and maintenance, dust abatement and permitting, permits,

3. Initial construction surveys,

4. Development of water supply,

5. Clearing and grubbing,

6. Pre-watering,

7. Earthwork grading,

8. Conformance survey,

9. Stabilize ground surface,

10. Final punch list items and cleanup.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.02 PROGRESS SCHEDULE. The Contractor shall prepare a progress schedule in accordance with Section 8-1.02, “Schedule”, of the Standard Specifications and these special provisions. The schedule shall be based on Critical Path Method scheduling techniques and shall be prepared with either Microsoft Project or Primavera software. When the schedule is first submitted and at each revision, the Contractor shall submit both a hard copy and an electronic copy of the schedule. The progress schedule shall be coordinated with relevant milestone dates from the project. The Contractor shall be responsible for coordinating with the City’s other contractors on the project to determine those relevant milestone dates.

The Contractor shall submit bi-weekly progress reports indicating the completed and uncompleted tasks to date. If the Engineer determines that insufficient progress is being made, he will require the Contractor to revise his Progress Schedule to complete the project within the time frames established in these special provisions. The Contractor shall submit with the revised Progress Schedule a written description of the methods the Contractor will employ to complete the project within the time frames established in these special provisions.

PAYMENT (No-pay Item). Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
7-1.03 RELATIONS WITH PROPERTY OWNERS. Prior to beginning work, the Contractor shall send or deliver to the owner of each parcel within the project area written notification of the construction project. The Contractor’s name, address, telephone number and name of a contact person with the company shall be included in the letter.

Access to abutting property shall be maintained at all times unless otherwise permitted by the Engineer.

Before storing equipment or stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of his property. The letter shall be filed with the Engineer.

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7-1.04 STORM WATER POLLUTION PREVENTION PLAN. The Contractor shall furnish a Storm Water Pollution Prevention Plan, hereafter referred to as a “SWPPP.” The SWPPP shall conform to the requirements Section 13, “Water Pollution Control,” of the Standard Specifications and these special provisions.

Contractor shall be aware that, as of September 9, 2009, the State Water Resources Control Board has adopted a new Construction Activities Storm Water General Permit (2009-0009-DWQ Permit), hereafter referred to as “General Permit”. New projects commencing after July 1, 2010, must comply with the 2009-0009-DWQ Permit.

State Water Resources Control Board requires the CITY to electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in their online Storm Water Multi- Application Report Tracking System (SMARTS). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the SWPPP, ATS System Design (if applicable), Soil Particle Size Analysis (if applicable), a signed certification statement by the CITY, and the first annual fee. Contractor shall work with the City to meet the requirement of this process, and Contractor shall file all appropriate data online in the SMARTS system. Once these components have been submitted and are deemed complete by the SMARTS system, a WDID number will automatically be emailed to CITY. More information on the SMARTS system is available at the following website:
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp.

Water pollution control work shall conform to the requirements in the Construction Contractor’s Guide and Specifications of the Caltrans Storm Water Quality Handbooks. Copies are available from Caltrans or on the web at http://www.dot.ca.gov/hq/construc/stormwater/manuals.htm and select Storm Water Quality Handbooks and Manuals. The Contractor shall use the SWPPP Template (New CGP 10-26-2011).doc or latest version, which can be located at the address listed above. The Contractor shall submit the necessary forms and pay necessary fees to the State Water Resources Control Board prior to the start of construction. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor’s failure to comply with the requirements set forth in this section.

The SWPPP shall include Best Management Practices, a copy of the Notice of Intent, Vicinity Maps, Water Pollution Control Drawings, Computations for Runoff Coefficients, Maintenance, Inspection and Repair Program, List of Subcontractors and Inspection Report forms, Spill Prevention and Control, Vehicle and Equipment Fueling and Maintenance, Erosion and Sediment Source Controls and any other items as necessary. At a minimum, the following Best Management Practices (BMP) shall be included, which can be found at http://www.dot.ca.gov/hq/construc/stormwater/factsheets.htm SC-7 Street Sweeping and Vacuuming, SC-8 Sand Bag Barrier, SC-1Q Storm Drain Inlet Protection, WE1 Wind Erosion Control, TC-1 Stabilized Construction Entrance/Exit (where applicable), NS-1 Water Conservation Practice, NS-3 Paving and Grinding Operating, WM-3 Stockpile Management, WM-4 Spill Prevention and Control.

SUBMITTALS. At the pre-construction meeting, Contractor shall submit to Engineer three copies of the SWPPP for approval and one electronic copy upon approval. It is anticipated that the project will be awarded on October 23, 2024 and a pre-construction meeting held approximately four weeks thereafter. Contractor shall not commence construction before Engineer, LRP (Lead Responsible Person) or his designee has approved the SWPPP. The SWPPP shall be developed and implemented concurrent with construction activities. If revisions are required as determined by the Engineer, LRP or his designee, the Contractor shall revise and resubmit the SWPPP to the Engineer, LRP or his designee for approval, then shall upload the revisions on the SMARTS system in accordance with the General Permit.

EXECUTION. The Contractor shall submit a Notice of Intent (NOl) to the City to be uploaded onto the SMARTS system.

The Contractor shall sign up on the SMARTS system at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp as a Data Submitter. A Data Submitter is any individual authorized by the LRP to enter data into SMARTS on behalf of the LRP. A data submitter may be other employees, contractors, labs, etc. A data submitter cannot certify the Annual Report. Upon receipt of your SMARTS account the Contractor shall submit to the City your User ID, in order for the City to link your User ID to the project. Once the Contractor is linked to the project they will then be able to update the SWPPP and project information using the SMARTS system according to the General Permit Requirements.

The Contractor shall have the SWPPP prepared by a QSD (Qualified SWPPP Developer) as required by the General Permit.

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The Contractor shall provide a QSP (Qualified SWPPP Practitioner) to ensure the SWPPP implementation follows the requirements of the SWPPP document and the General Permit.

The Contractor or his QSD shall be responsible for preparing any and all Annual Reports required by the General Permit and shall submit those reports through the SMARTS system for the City to certify at the completion of the project, but no later than August 15th of each year. For additional information on the reporting requirements see the General Permit Section XVI.

The Contractor shall be continuously responsible for erosion and sedimentation control and storm water pollution prevention throughout the contract period. All erosion and sedimentation control measures shall be installed prior to beginning ground-disturbing construction activities and shall remain in place until completion of ground disturbing activity or the contract. The BMP’s previously listed represent the minimum erosion and sedimentation control effort required by the contractor. The Contractor shall implement all other measures required to prevent erosion, pollutant discharge, and siltation of streams and dry washes at no additional cost to the City. The Contractor shall monitor, inspect, repair, and maintain erosion control measures routinely on a weekly basis, prior to a forecasted storm, after each storm, at 24-hour intervals during extended precipitation events and as directed by the Engineer. The SWPPP shall be amended graphically and in narrative form if it is not effectively achieving the objective of reducing pollutants in storm water discharges.

The Contractor shall keep a copy of the SWPPP and approved amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board or any other governmental agency.

Upon completion of the project, Contractor shall file a Notice of Termination (NOT) with the State Water Resources Control Board (SWRCB), online using the SMARTS system.

PAYMENT. Storm Water Pollution Prevention Plan will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and for doing all the work involved in preparing the plan, obtaining the Engineer’s review and approval of the plan, and implementing the requirements of the approved plan.
7-1.05 DUST CONTROL. Contractor shall prepare a “Dust Control Plan” for approval by the San Joaquin Valley Air Pollution Control District (SJVAPCD) and shall pay all fees associated with the Dust Control Plan. It shall be the Contractor’s responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:

A. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to prevent dust formation.

B. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.

Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.

The Contractor shall submit a complete Dust Control Plan to the CITY for consideration. Upon the CITY’s approval, Contractor shall transmit the Dust Control Plan to the SJVAPCD for their approval. The complete Dust Control Plan approved by the SJVAPCD shall be submitted to the CITY prior to construction. Completed Dust Control Plan approved by the SJVAPCD and accepted by CITY shall be fully binding on the Contractor. If revisions are required as determined by the Engineer, the Contractor shall revise and resubmit the Dust Control Plan to the Engineer. The Contractor shall keep a copy of the Dust Control Plan and approved amendments at the project site. The Dust Control Plan shall be made available upon request of a representative of the SJVAPCD or any other governmental agency.

The Contractor shall be fully informed of the requirements of the Dust Control Plan and all other rules, regulations, plans and conditions that may govern the Contractor’s operation in these areas and shall conduct the work accordingly.

The provisions of this section and SJVAPCD approved Dust Control Plan shall be made a part of every subcontract executed pursuant to this contract.

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The Contractor shall submit the necessary forms and pay necessary fees to the SJVAPCD related to, prior to the start of construction. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor’s failure to comply with the requirements set forth in this section.

PAYMENT. Dust Control will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and for doing all the work involved in preparing, obtaining the SJVAPCD’s review and approval of the plan, and implementing the requirements of the approved plan. 7-1.06 CONFORMANCE SURVEYING. CONTRACTOR shall provide construction survey staking as described inthe General Requirements and/or Supplementary Conditions for the project. Work shall not proceed until construction staking has been provided. The cost of restaking after initial staking shall be the responsibility of the CONTRACTOR.

SUMMARY. Conformance Surveying work shall be completed by a Licensed Surveyor and be based onestablished site bench marks, monuments, lines, and levels necessary for the work covered by this Contract.

Scope of work:

Providing conformance surveying required for proper completion of the work may include, but may not be limited tothe following:

1. Submittals

2. Field Engineering

3. Record Drawings

4. Earthwork

5. Playground/ Fitness Equipment

6. Concrete Paving

7. Landscaping
SUBMITTALS. Contractor will be required to submit three (3) hard copies and one (1) electronic copy (in AutoCAD or scaled PDF image) of all conformance surveys for the project. The Contractor shall ensure that all survey data is completed with the supervision of a licensed surveyor. The Owner Representative shall provide a written response within two (2) working days of receipt of said drawings and identify any areas out of tolerance.

QUALITY CONTROL AND REWORK. Any portion of the survey that does not conform to the grading tolerance requirements identified in this specification section will be corrected by the Contractor. Areas out of conformance will be resurveyed at the Contractor’s sole expense (following the identical procedure stated above) by the Surveyor,and these revised points shall be added to the original digital file for resubmittal, review, and acceptance by the Owner Representative.

All delays and costs incurred due to grades out of conformance are the sole responsibility of the Contractor. At anypoint during construction following acceptance of any portion of the survey by the Owner, the Owner reserves the right to recheck the surface grades (at no cost to the Contractor) to verify it is still in conformance. It is the Contractor’s responsibility to protect the grading and compaction tolerances of the surveyed surface after conformance surveying operations are complete and accepted, and prior to installation of any subsequent materials.

Any work identified by the survey that is outside of the acceptable tolerances shall be corrected by the Contractor at its sole expense.

LAYING OUT THE WORK. Contractor shall employ a Registered Civil Engineer or Licensed Land Surveyor (hereafter referred to as Surveyor) to perform any conformance surveying work required by the Contractor.

Prior to beginning work, Contractor shall secure the electronic grading plan from the Owner for use by the Surveyor.

The surveyor shall provide all conformance survey drawings. The drawings shall provide both the design elevationsand the as-constructed spot elevations. These elevations shall be for comparison to those on the contract documents for the same location. Contractor shall also show the difference n these two numbers. In addition, unique reference numbers shall be assigned to each point for reference purposes. For spacing requirements, refer to specific type of improvement identified in this specification section.

Accuracy of all surveys provided in this section shall be to 0.01 feet.

The surveyor shall provide all conformance survey drawings and all 25’ grid or other grid conformance grades based on the grading plans designed grades.

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PAYMENT. Full compensation for conforming to the requirements of Conformance Surveying shall be considered as included in the lump sum price paid for the Conformance Surveying bid item and no additional compensation will be allowed therefor.
7-1.07 OBSTRUCTIONS. Attention is directed to Section 5-1.36D, “Nonhighway Facilities”, of the Standard Specification, the plans, and the special provisions.

The Contractor shall be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed.

In accordance with the provisions in Section 5-1.36, “Property and Facility Preservation”, and Section 5-1.39, “Damage Repair and Restoration”, of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations.

The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities.

The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces.

Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed.

Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor.

Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.

PAYMENT. Payments for mobilization will be made as follows:

A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5 percent or more of the original contract amount, 50 percent of the contract item price for mobilization or 5 percent of the original contract amount, whichever is the lesser, will be included in the estimate for payment.

B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 10 percent or more of the original contract amount, the total amount earned for mobilization shall be 75 percent of the contract item price for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.

C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 20 percent or more of the original contract amount, the total amount earned for mobilization shall be 95 percent of the contract item price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.

D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 50 percent or more of the original contract amount, the total amount earned for mobilization shall be 100 percent of the contract item price for mobilization or 10 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.

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E. After acceptance of the contract pursuant to Section 5-1.46, “Final Inspection and Contract Acceptance," the amount, if any, of the contract item price for mobilization in excess of 10 percent of the original contract amount will be included for payment in the first estimate made in conformance with the provisions in Section 9 1.70.

The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in mobilization as specified herein.

When other contract items are adjusted as provided in Section 4-1.05, "Changes and Extra Work" of the Standard Specifications, if the costs applicable to an item of work include mobilization costs, those mobilization costs will be deemed to have been recovered by the Contractor by the payments made for mobilization, and will be excluded from consideration in determining compensation under Section 4-1.05.

When the contract does not include a contract pay item for mobilization as above specified, full compensation for any necessary mobilization required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 7-1.09 MAINTAINING TRAFFIC. Maintaining traffic shall conform to the provisions in Section 12-4, "Maintaining Traffic", of the Standard Specification and the special provisions.

The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway.

Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current “California Manual on Uniform Traffic Control Devices”, published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer.

The Contractor shall prepare and furnish the City with a proposed signing and traffic control plan, signed by a registered Civil Engineer, which will conform to the Contractor's proposed work, and the requirements of this article.

The plan shall contain proposed signs, temporary pavement delineation, Temporary Railing (Type K) and any other traffic control items as required. In addition to standard signage, the Contractor will be required to furnish informational signs which let the public know when the intersections and roadways will be affected and which movements will be closed or affected. The plan shall include all phases of work. For incidental work a typical traffic control plan will be acceptable. Three (3) copies of the plan shall be submitted to the City at the pre-construction meeting for approval.

The Contractor shall keep the Bakersfield Fire Department and Kern County Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The contact at the Fire Department is Emergency Communications Center Manager, 661-861-2521.

Construction operations requiring lane closures shall be actively in progress only between the hours indicated below, Monday through Friday, except legal holidays.

Street Direction of Travel Hours
Mountain Ridge Drive Northbound 8:30 am – 4:30 pm
Mountain Ridge Drive Southbound 8:30 am – 4:30 pm
Vesace Avenue Eastbound 8:30 am – 4:30 pm
Vesace Avenue Westbound 8:30 am – 4:30 pm
Lombrosso Street Northbound 8:30 am – 4:30 pm
Lombrosso Street Southbound 8:30 am – 4:30 pm
Where construction operations are actively in progress, a minimum of one traffic lane in each direction, not less than twelve feet in width, shall be open for use by public traffic.

Where construction operations are not actively in progress the number of lanes specified by the table below shall be open for use by public traffic. Such lanes shall not be less than twelve (12) feet in width.

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Number of Lanes in Each Direction on
Roadbed Prior to Start of Construction
Required Number of Open
Lanes in Each Direction
1 1
2 2
3 or more 2
Public traffic may be permitted to use the shoulders with temporary paving and may also be permitted to use the side of the roadbed opposite to the construction. No additional compensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon. The Contractor shall maintain access to all existing private entrances from public roadways during the entire course of the contract. The contractor shall submit a detour plan for the engineers review and approval.

In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic.

Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead", No. C-18, and "End Construction", No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in advance of any construction.

The Contractor shall report all accidents to the Engineer.

PAYMENT. Maintaining Traffic will be paid for at the contract lump sum price stated in the bid schedule, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and for doing all the work involved in Maintaining Traffic.
7-1.10 EXISTING FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Facilities", of the Standard Specifications and these special provisions.

Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction.

Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue.

Existing advertising signs shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.11 TEMPORARY CONSTRUCTION FENCING. Temporary fencing shall conform to the provisions of Section 80, “Fences”, of the Standard Specifications and these special provisions. Fence shall be 6' high safety fencing or City approved equal. Installation shall be per manufacturer’s recommendation. Fence shall be maintained by Contractor during all phases of construction activities and shall, at the request of the City, remain in place up to 30 days following project completion. “No Trespassing” signs are to be provided on several sections of the temporary fence as directed by the city engineer.

Panel chain link or continual length chain link is acceptable.

Work site ingress and egress gates shall be double locked including a lock issued by the City of Bakersfield Recreation and Parks Department.

Temporary construction fencing shall be installed prior to the beginning of any construction activity and shall remain in place until construction is complete.

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No curbing or post foundations are required for temporary fencing. Posts may be driven into the ground and fencing may also be supported by self-standing sections when existing pavement or concrete prevents the driving posts.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.12 SAWCUT EXISTING CONCRETE. Where new concrete is to conform to the existing concrete, the existing concrete shall be saw cut to a neat line so as to remove the portion of concrete shown on the plans. The depth of cut shall be sufficient so that damage to adjacent concrete, which is to remain in place, will not occur during excavation operations.

The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut concrete.

Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of concrete pouring operations.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.13 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Section 15, "Existing Facilities", Section 16, "Clearing and Grubbing", and Section 19-1.03D, “Buried Man-Made Objects”, of the Standard Specifications and these special provisions.

Concrete removed shall be disposed of in accordance with the provisions in Section 5-1.20B(4), “ContractorProperty Owner Agreement”, of the Standard Specifications.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.14 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing", of the Standard Specifications and these special provisions.

Clearing and grubbing shall be accomplished in accordance with the Geotechnical Report for the entire graded area and as directed by the Engineer. All items removed shall become the property of the contractor and shall be properly disposed,
PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.15 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork", of the Standard Specifications, the plans, and these special provisions.

WATER. The contractor shall obtain a temporary metered water supply from the local water purveyor (Calwater) of adequate volume to assure proper watering of the site for grading operations. The contractor shall be responsible for all costs associated with the water supply.

Section 4-1.04. "Use of Materials Found on the job site", of the Standard Specifications shall be amended to read as follows:

Unless designated as selected material as provided in Section 19-2.03D, "Selected Material", the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

Surplus material shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 5-1.20B (4), “Contractor-Property Owner Agreement”, of the Standard Specifications.

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When asphalt concrete is to be placed on the grading plane, the grading plane at any point shall not vary by more than 0.05 foot above or below the grade established by the Engineer.

Sections 19-3.02D and 19-3.03F, “Slurry Cement Backfill", of the Standard Specifications is deleted and shall not apply to this contract.

The relative compaction limits specified in the first paragraph of Section 19-5.03B "Relative Compaction (95 Percent)", of the Standard Specifications are amended to the limits shown on the plans and typical cross sections and shall be determined by: California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the following D2922 or D1556. The subgrade must be smooth, uniform and true to the required grade.

Areas to receive concrete surfacing, DG walkways, or park facilities such as the shade structure, playgrounds, water playground, basketball courts, sand volley ball courts, tennis, and PB courts are to be graded to minus 0.25’ from called finish grade. These areas are to be compacted to 95% of maximum relative compaction for any fill placed and cut areas not less than 12” below subgrade.

Landscape areas shall have limited compaction. Desired compaction for all planned landscaped area shall not be greater than 85% of maximum relative density.

Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements:

TestsTest MethodTest Results
Sand Equivalent21718 minimum
Resistance (R-Value)30140 minimum
The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of twenty-five (25) or more.

PAYMENT. Full compensation for Earthwork and conforming to the requirements of this article shall be paid for at the FINAL PAY (F) contract price per cubic yard for excavation work, which price shall include full compensation for furnishing all labor, materials, tools, water, and equipment and for doing all the work involved in Earthwork as specified.
7-1.16 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the "Health and Safety Code", he shall immediately notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.10, “Liquidated Damages” of the Standard Specifications.

If such suspension delays the current controlling operation more than five (5) working days, the delay will be considered a right of way delay and the Contractor will be compensated for such delay as provided in Section 8-

1.07, “Delays”, of the Standard Specifications.

The Department reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

PAYMENT (No-pay Item). Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor. 7-1.17 STABILIZE GROUND SURFACE. The contractor shall stabilize the final graded surface. An acrylic copolymer emulsion soil binder shall be utilized to accomplish this work.

Acrylic Copolymers and Polymers: Polymeric soil stabilizers shall consist of a liquid or solid polymer or copolymer with an acrylic base that contains a minimum of 55% solids. The polymeric compound shall be handled and mixed in a manner that will not cause foaming or shall contain an anti-foaming agent. The polymeric emulsion shall not exceed its shelf life or expiration date; manufacturers shall provide the expiration date. Polymeric soil stabilizer shall be readily miscible in water, non-injurious to seed or animal life, non-flammable, shall provide surface soil stabilization for various soil types without totally inhibiting water infiltration, and shall not re-emulsify when cured.

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The applied compound shall air cure within a maximum of 36 to 48 hours. Liquid copolymer shall be diluted at a rate of 10 parts water to 1 part polymer and applied to soil at a rate of 1,175 gal/ac. Acrylic Copolymer shall be as manufactured by Environmental Product and Applications, Inc. “Envirotac II” or approved equal.

The graded surface shall be final graded and rolled smooth and a single application of the copolymer at the above stated rate shall be made.

PAYMENT. Stabilize Ground Surface will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and for doing all the work involved in the Stabilize Ground Surface in accordance with the plans and as specified. 7-1.18 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway", of the Standard Specifications and these special provisions.

In addition to the conditions, provisions and requirements of Section 22-1.01, "General", of the Standard Specifications, the following shall apply:

The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations.

The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas, when a broom is used, a self-contained, pick up type, power broom with water distribution system shall be used.

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AGREEMENT NO. _________________

CONSTRUCTION PROJECTS AGREEMENT
This CONSTRUCTION PROJECTS AGREEMENT (“Agreement”) is made and entered into on ___________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and __________________________________________, a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and
WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the __________________________________ (“Project”), as set forth herein, [choose one:
(1) part or all of which is paid for with federal funds OR (2) which is not paid for with federal funds].

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

1. SCOPE OF WORK.

1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. The following documents are incorporated herein as if fully set forth:
➢ Notice to Contractors
➢ Special Provisions
➢ Bid Proposal
➢ Bidder’s Bond
➢ Performance Bond
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➢ Material and Labor Bond
➢ Letters of transmittal, if any
➢ All provisions required by law to be inserted in this Agreement whether actually inserted or not
➢ Current State of California DAS 140 Form (if required by Specifications)
➢ Drawings, if any
➢ Public Contract Code § 22300 (Escrow Accounts)
➢ Current State of California DIR – PWC 100 Form
➢ Required Federal-Aid Contract Language (Exhibit 12-G) (if Project Federally Funded)
➢ Required Contract Provisions Federal-Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded)
➢ Subcontracting Request Form (Exhibit 16-B, LAPM) (if Project Federally Funded)
➢ Prevailing Wage Rates (Davis-Bacon) (if Project Federally Funded)
➢ Title VI Assurances and Appendices (if Project Federally Funded)

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

2. COMPENSATION/PAYMENT PROCEDURE.

2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed $ (“Compensation”). The
Compensation shall be the total compensation under this _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 3 of 13
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Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR.

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

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

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

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

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

CONTRACTOR’s scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 4 of 13
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basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY’s review or comment on the schedule shall not constitute acceptance thereof.

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

5. TERMINATION.

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

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

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

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

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

5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 5 of 13
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damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs
commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work.

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

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

6. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities 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.

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

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

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

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

10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 6 of 13
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or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.

11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

12. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

14. INSURANCE AND SECURITY.

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

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

The policy must:

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

14.1.2.2. Provide products and completed operations
coverage;

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

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

14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. 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.
_______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 8 of 13
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14.2.General Provisions Applying to All Insurance Types.

14.2.1. All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
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.

14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.

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

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

14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 9 of 13
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premiums which may be required by extensions of the
policies of insurance.

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

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

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

15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

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

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

18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 10 of 13
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any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project.

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

CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR’s performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney’s fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto.

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

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

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

23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 11 of 13
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each and all of the obligations set forth in this Agreement.

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

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

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

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

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

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

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

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

32. NOTICES. All notices relative to this Agreement shall be given in writing and _______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 12 of 13
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shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR:____________________________

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

34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

35. CONTRACTOR’S LICENSE INFORMATION.

License Number
Expiration Date
License Classification

36. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
_______________________________________________________________________________ CONSTRUCTION PROJECTS AGREEMENT Page 13 of 13
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date.
"CITY" “CONTRACTOR”

CITY OF BAKERSFIELD
By: By:

KAREN GOH
Mayor PRINT NAME: _________________________________________ Title:
[Signatures on Following Page]
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:______________________________
(NAME & TITLE)
Insurance:__________
APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARTMENT
By:_____________________________

DARIN BUDAK
Recreation and Parks Director
COUNTERSIGNED:

By:_____________________________

RANDY MCKEEGAN
Finance Director

DO NOT HAVE STAND ALONE SIGNATURE PAGE
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FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, a municipal corporation, hereinafter designated the “Owner,” has on Date of Award , 2000, awarded to Name of Contractor , a _________________________ organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal,” a contract for Project Name ; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meeting Dollars ($___________), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney’s fees as shall be fixed by the court.

As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.

And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this _______ day of __________________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) _____________________________________
Principal
_____________________________________
Signature for Principal, Title
(Seal) _____________________________________
Surety
_____________________________________
Surety Address & Telephone No.
_____________________________________
Signature for Surety, Title
(Attach notarization form for each required signature)
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MATERIAL LABOR BOND

KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, the CITY OF BAKERSFIELD, a municipal corporation, hereinafter designated the “Owner,” has, on Date of Council Meeting , 20_____, awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal,” a contract for Project Name ; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent (100%) of the total amount payable by the terms of the contract Dollars ($__________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 9550 through 9566 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney’s fees to the Owner as shall be fixed by the court.

This bond shall inure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 9100, so as to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this _________ day of ________________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) _______________________________________
Principal
__________________________________________
Signature for Principal, Title
(Seal) __________________________________________
Surety
__________________________________________
Surety Address & Telephone No.
__________________________________________
Signature for Surety, Title
(Attach notarization form for each required signature)
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ESCROW AGREEMENT
FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if the Contractor elects to substitute securities in lieu of retention) THIS ESCROW AGREEMENT is made and entered into by and between:
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Owner”;
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Contractor” and
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Escrow Agent”.

For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ________________________________________________________________________________________ ________________________________________________________________________________________ in the amount of ___________________________________ dated __________________________________ (hereinafter referred to as the AContract@). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _________________________________________, and shall designate the Contractor as the beneficial owner.

2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above.

3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

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8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account.

The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:

On behalf of Owner: On behalf of Contractor:
______________________________ _________________________________ Title Title
______________________________ _________________________________ Name Name
______________________________ _________________________________ Signature Signature
______________________________ __________________________________ Address Address
On behalf of Escrow Agent:
______________________________
Title
______________________________
Name
______________________________
Signature
______________________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:
_____________________________ _________________________________ Title Title
_____________________________ _________________________________ Name Name
_____________________________ _________________________________ Signature Signature
E-18

GUARANTEE

MATERIAL AND WORKMANSHIP

CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
________________________________________________________________________________________ awarded on ________________________, between the City of Bakersfield (hereinafter referred to as “City”), and the undersigned, which contract provides for
_______________________________________________________, and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:

When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted.

We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects.

Within twenty-four (24) hours after being notified in writing by the City or the City’s representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City’s representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand.

This guarantee is made expressly for and to the benefit of both the City of the above mentioned construction project and the City’s representative, and shall be enforceable by either of them.

Dated________________________________
__________________________________________
Contractor’s Name
__________________________________________
Authorized Signature
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GUARANTEE

EQUIPMENT

CITY OF BAKERSFIELD
Public Works Department
Annex Building, 2nd Floor
1501 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
_________________________________________________________________________________________ awarded on _______________________, between the City of Bakersfield (hereinafter referred to as “City”), and the undersigned, which contract provides for
___________________________________________________________, and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made:

Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated.

The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in the City’s written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City’s written notification.

Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.

Dated_______________________ ___________________________________ Contractor’s Name
___________________________________
Authorized Signature

Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATE OF EXPECTED OR ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee

Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS
DIR-PWC 100 (rev. 11/2025) successor to the DAS 13 form STATE OF CALIFORNIA – DEPARTMENT OF INDUSTRIAL RELATIONS TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142

EXTRACT OF

PUBLIC WORKS CONTRACT AWARD
A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO:

1. NAME OF GENERAL CONTRACTOR 2.CONTRACTOR’S LICENSE NUMBER/PWCR NUMBER

3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) 4. CITY

5. ZIP CODE 6. TELEPHONE NUMBER

7. GENERAL CONTRACTOR’S CONTACT EMAIL ADDRESS 8. ADDRESS/LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND COUNTY):
8a. County9. . NAME OF PROJECT

10. CONTRACT NUMBER 11. PROJECT NUMBER 12. DOLLAR AMOUNT OF CONTRACT AWARD 13 . FIRST ADVERTISED BID DATE

MONTH DAY YEAR
14 CONTRACT AWARD DATE

MONTH DAY YEAR
12a ESTIMATED TOTAL PROJECT COSTS, IF DIFFERENT FROM
ITEM 12 (see instructions).

15. WHICH STATUTE, IF ANY, APPLIES TO THIS PROJECT?

16. STATE CONSTRUCTION BONDS YES NO
SOURCE(S):

DOLLAR AMOUNT (IF DIFFERENT FROM CONTRACT AWARD AMOUNT):

17. WILL YOU OPERATE A DIR-APPROVED LABOR COMPLIANCE
PROGRAM (LCP) FOR THIS PROJECT?
YES NO

18. IS THERE A PROJECT LABOR AGREEMENT (PLA) ASSOCIATED WITH THIS PROJECT? If yes, please email a copy to [email protected] YES NO

19. STARTING DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)

20. COMPLETION DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)

21. BRIEF DESCRIPTION OF WORK TO BE PERFORMED 22.

NEW CONSTRUCTION REMODELING

ALTERATION, DEMOLITION, REPAIR OR MAINTENANCE

23. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) Please list Sub-contractors and their worker classifications on page 2

25.NAME 26. TITLE

27. E-MAIL ADDRESS 28. TELEPHONE NUMBER
Duplication of this form is permissible

PROJECT REGISTRATION ID NUMBER
TO BE COMPLETED BY FINANCE DEPARTMENT FROM:

Yellow- To be completed by Finance
Blue- To be completed by Engineer/COB Project Manager
DIR-PWC 100 (rev. 10/11) successor to the DAS 13 form
EXTRACT OF PUBLIC WORKS CONTRACT AWARD (Continued)
Listing of Sub Contractors
Con. Lic. # Contractor Classification of workers

D
D
D
D
D
D
D
D

PET WASTE

PET RULES

PET RULES
AV
FS MV

LOCATION MAP
N
SCALE: 1"=80'

KEY MAP - ANTONGIOVANNI PARK

GRADE PARK

SEE GRADING PLAN A
2 RECREATION AND PARKS DEPARTMENT

CITY OF BAKERSFIELD

CONSTRUCTION PLANS

CITY OF BAKERSFIELD
File Name: COB23004BA1
SHEETS ANTONGIOVANNI PARK GRADING IMPROVEMENTS PROJECT PROJECT NO. 24-RP0001 N 6 OF
O 1

STATE OF CALIFORNIA

CITY OF BAKERSFIELD

SAN DIEGO
FRESNO

LOS ANGELES

SAN FRANCISCO

SACRAMENTO
CITY PROJECT NO: 24-RP0001

KERN COUNTY

PLANS FOR CONSTRUCTION OF
RICHARD MEYER, R.C.E. 28104 DATE
PRINT DATE:04-15-26
Phone 661-836-9834 FAX 661-836-9761
8224 Espresso Drive, Ste. 100, Bakersfield, CA 93312
Meyer
Civil Engineering, Inc.

CONSTRUCTION NOTES:

1. THE CONTRACTOR SHALL CONTACT THE U.S.A. LOCATOR SERVICE AT 811 48 HOURS PRIOR TO ANY EXCAVATION. CONTRACTOR

SHALL POTHOLE UTILITIES TO VERIFY LOCATION AND DEPTH PRIOR TO TRENCHING.

2. THE CONTRACTOR MUST POSSESS A STATE OF CALIFORNIA CLASS "A", "B", "C-61/D34" CONTRACTORS LICENSE TO PERFORM THE WORK CONTAINED WITHIN THESE PLANS AND SPECIFICATIONS.

3. HAZARDOUS WASTE EXCAVATION. IF THE CONTRACTOR

ENCOUNTERS MATERIAL IN EXCAVATION WHICH HE HAS REASON

TO BELIEVE MAY BE HAZARDOUS WASTE, AS DEFINED BY SECTION 25117 OF THE "HEALTH AND SAFETY CODE", HE SHALL IMMEDIATELY SO NOTIFY THE ENGINEER IN WRITING. EXCAVATION IN THE

IMMEDIATE AREA OF THE SUSPECTED HAZARDOUS MATERIAL

SHALL BE SUSPENDED UNTIL THE ENGINEER AUTHORIZES IT TO BE RESUMED.

4. CONTRACTOR SHALL POTHOLE AND LOCATE ALL KNOWN UTILITY

CROSSINGS AS SHOWN ON THESE PLANS AND AS REVEALED BY

THE USA LOCATORS

5. CONTRACTOR SHALL COMPLY WITH THE CITY OF BAKERSFIELD'S CONSTRUCTION WASTE MANAGEMENT PLAN.

ANTONGIOVANNI PARK GRADING

IMPROVEMENTS PROJECT
APPROVED BY:

APPROVAL RECOMMENDED:

FIDEL GONZALEZ DATE

PARK CONSTRUCTION & FACILITIES PLANNER

DARIN BUDAK DATE

RECREATION AND PARKS DIRECTOR

RECORD DRAWING CERTIFICATION
CITY RECORDS NO.: 6.9-646

BEARING BASIS
NORTH AMERICAN DATUM 1983 (NAD83)

CITY STANDARDS

THE FOLLOWING CITY STANDARD DRAWINGS ARE HEREBY
INCORPORATED AS A PART OF THESE PLANS:

THIS CONTRACT IS FOR EARTHWORK GRADING. NO HARD
IMPROVEMENTS ARE REQUIRED FOR THIS CONTRACT. ALL

PARK IMPROVEMENTS WILL BE CONSTRUCTED UNDER A

DIFFERENT CONTRACT

LEGEND - TOPOGRAPHY
A
2 2
A
10 T
1 1

ANTONGIOVANNI PARK GRADING

IMPROVEMENTS PROJECT
N
04-15-26

PROJECT

LOCATION MOUNTAIN RIDGE DRIVE

VESACE AVENUE

SCOPE OF WORK

THE WORK TO BE PERFORMED CONSISTS, IN

GENERAL, OF THE GRADING OF THE NEW

ANTONGIOVANNI PARK, WHICH INCLUDES BUT IS
NOT LIMITED TO: 1) SWPPP, 2) DUST PERMIT, 3)
CLEARING AND GRUBBING, 4) DEVELOPMENT OF
WATER & WATERING 5) SCARIFICATION, EXCAVATION
AND EMBANKMENT, 6) DRESSING OF GRADE, 7)
STEEL ROLLING OF ENTIRE SURFACE, 8)
APPLICATION OF DUST PALLATIVE, 9)FINAL CLEANUP

INCLUDING ADJACENT EXISTING SIDEWALK, CURB
AND GUTTER AND STREET PAVEMENT. REFER TO
SHEET 5 FOR DETAILED GRADING NOTES
7801 MOUNTAIN RIDGE DRIVE, BAKERSFIELD, CA 93313

CODE REQUIREMENTS

ALL DRAWINGS AND CONSTRUCTION SHALL CONFORM TO THE
FOLLOWING CODES:

TITLE 19 OCR, PUBLIC SAFETY, STATE FIRE MARSHAL REGULATIONS 2022 TITLE 24 OCR, PART 1 - 2022 BUILDING STANDARDS

ADMINISTRATIVE CODE
2022 TITLE 24 OCR. PART 2 - 2022 CALIFORNIA BUILDING CODE. VOL. 1 & 2 (CBC) (2015 IBC, AS AMENDED BY CA)
2022 TITLE 24 CCR, PART 3 - 2022 CALIFORNIA ELECTRIC AL CODE (CEC) (2020 NEC (NFPA), AS AMENDED BY CA)
2022 TITLE 24 CCR, PART 4 - 2022 CALIFORNIA MECHANICAL CODE (CMC) (2021 IAPMO UMC, AS AMENDED BY CA)
2022 TITLE 24 CCR, PART 5 - 2022 CALIFORNIA PLUMBING CODE (CPC) (2021 IAPMO UPC AS AMENDED BY CA)
2022 TITLE 24 CCR. PART 6 - 2022 CALIFORNIA ENERGY CODE 2022 TITLE 24 CCR, PART 8 - 2022 CALIFORNIA HISTORICAL BUILDING CODE
2022 TITLE 24 CCR, PART 9 - 2022 CALIFORNIA FIRE CODE (CFC) (2021 IFC,

AS AMENDED BY CA)
2022 TITLE 24 CCR. PART 10 - 2022 CALIFORNIA EXISTING BUILDING CODE (IEBC) (2013 INTERNATIONAL EXISTING BUILDING CODE, AS AMENDED BY CA)
2022 TITLE 24 CCR, PART 11 - 2022 GREEN BUILDING STANDARDS CODE (CALGREEN CODE)
2022 TITLE 24 CCR. PART 12 - 2022 CALIFORNIA REFERENCED

STANDARDS

NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT

CONSTRUCTION IN CONFLICT WITH THE REQUIREMENTS OF ANY CODE, LAW, ORDINANCE, OR REGULATION. THE FOLLOWING

AGENCIES SHALL HAVE JURISDICTION OVER THE PROGRESS OF THE WORK:

CITY OF BAKERSFIELD:

BUILDING DIVISION

PLANNING DIVISION LOMBROSSO STREET
PHASE 2
PHASE 1
PHASE 3
PHASE 4
SEE SHEET 3
SEE SHEET 2
SEE SHEET 4
SEE SHEET 3

LIST OF DRAWINGS
Sheet
Number Sheet Title
1 COVER AND TITLE SHEET
2 GRADING PLAN - NORTH PORTION
3 GRADING PLN - CENTRAL PORTION
4 GRADING PLAN - SOUTH PORTION
5 GRADING NOTES & BMP DETAILS
6 BMP DETAILS
NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT
PROJECT NO. 24-RP0001
PERMIT NO. GP-26-0021
GP-26-0021
5/15/2026
353
353
353
353
352
352
352
354
353
353
353
353
353
353
353
354
354
354
353
353.5
353.5
353.5
353.5 353.5
354
354
354
354.5
355
354.5
354
353.5 353.5 353.5
353.5
353.5 353.5
354
354
354
353.5
354
D
D
D
12" @

0.25%
12" @ 0.25%
12" @ 0.25%
12" @ 0.25%
12" @ 0.25%

PET WASTE

PET RULES
AV
FS MV 354
354
354
354
353
355
355
354
354 353 353
354
354
354
354 353 353 353
353
353 353
352
352
353
352
352
352 352
352
353
352
352
352
352
352
353
353
353
4'-0"

FINISHED SURFACE
ELEV. 353.70

AT EDGES

FINISHED SURFACE
ELEV. 353.70

AT EDGES

FINISHED SURFACE
ELEV. 353.20

AT EDGES

FINISHED SURFACE
ELEV. 353.36

AT EDGES
353.0
353.0
352.5
354.0
352.5 354.0 354.5 354.5
354.5 354.0 354.0
354.0 354.0
354.5
354.0 354.0 354.5 354.5
354.5
354.0
354.5
355.0
355.0
354.0 353.5 354.0354.0 354.0 353.5
353.5
353.5
354.0
354.0
354.5
354.0
353.0
354.0
353.5
353.0
352.5
352.5
353.0
353.0
353.0
353.0
353.5 354.0
353.5 353.5
353.5
353.0
352.5
352.5 353.0 353.5 354.0 354.5
355.0
354.5
354.5
354.0
354.0
354.5
354.5
353
354
354
355
355
353
353
353352
351350 353
353.5
352.5 353.5
353.5

LIST OF IMPROVEMENTS (BY OTHERS)

ITEM DESCRIPTION DETAIL/SHEET
A SIDEWALK, 6" THICKNESS
B 6" X 12" LANDSCAPE CURB

C DECOMPOSED GRANITE WALKWAY
D PICNIC ISLAND, 22' X 17-2"
E STORM DRAIN - SDR 35 PVC
F CATCH BASIN CITY STD. D-14
G
DROP INLET, 24" SQUARE- WITH SPECIAL STEEL
GRATE
OLDCASTLE "U"
SERIES
H DRAIN MANHOLE CITY STD. SW-2
I ADA ACCESS RAMP CITY STD. ST-10
J COMMERCIAL DRIVE APPROACH, TYPE B CITY STD. ST-4

K SITTING ISLAND

L CONSTRUCT PUMP BUILDING
M 4' FENCE

X GRADING LEGEND

PROPOSED FINISH GRADE

SLOPE IN PERCENT

PROPOSED FINISH GRADE

ELEVATION

PROPOSED SURFACE

DRAINAGE SWALE WITH

SLOPE RATE

ABBREVIATIONS

X EXISTING

W SIDEWALK

C CONCRETE SURFACE

BR BERM

SW GRADED SWALE

FL FLOWLINE

TC TOP OF CURB

R/W RIGHT OF WAY

FG FINISHED GRADE

FC FINISHED CONCRETE
EL. ELEVATION
ELEV. ELEVATION

GRADE BREAK LINE

EXISTING ONE FOOT

GROUND CONTOUR

EXISTING HALF FOOT

GROUND CONTOUR

EXISTING GROUND

POINT ELEVATION
PROPOSED FINISH CONTOUR - 1

FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.5 FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.25 FOOT INTERVAL
347

TOP OF BERM, ROUNDED
347.5
347

PROPOSED FIELD GRADE

UNDERSIDEWALK DRAIN
(BY OTHERS)
347.5

PARK LIGHT (BY OTHERS)

N MOUNTAIN RIDGE DRIVE LOMBROSSO STREET
Rev. No. Date Revision Description Approved By
OF
SHEET NO. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Phone 661-836-9834 MeyerCE.net
11200 River Run Blvd, Ste 102, Bakersfield, CA 93311
Meyer
Civil Engineering, Inc.

Drawn By:

PM:

AutoCAD File:

Date:

File No: 23 24
31 32 33 34
2 Richard D. Meyer, RCE 28104 6

CITY OF BAKERSFIELD

ANTONGIOVANNI PARK GRADING PLAN

GRADING PLAN - NORTH PORTION
04-15-26 04-15-26
COB-24-004
COB24004GP1
RDM
RDM
A
A
A
A
A
B
B
B
B
B
B
B
B
B
B
B
B
B
C
C
C
C
C
C
C
C
C
D
D
E
E
E
E
E
E
F
F G
H
H
H
I
I
I
D
D
PHASE 4 NORTH OF

GRADING LIMIT LINE IS TO

BE CLEARED AND

GRUBBED ONLY

LIMIT OF GRADING
IN PHASE 4
SCALE:

A
2 GRADING PLAN
1"=20'
0 20 40
20 5
10 EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK
EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT
BERMS

CONSTRUCT
BERMS
NOTE: SUB-GRADE FOR HARD SURFACES AND THE

DECOMPOSED GRANITE WALKWAY IS TO BE SET AT MINUS

0.25' OF CALLED FINISHED GRADE EDGES.

FINISH SIDEWALK SLOPES ARE NOT TO EXCEED 5%
LONGITUDINALLY NOR 2% TRANSVERSELY.
7'-0"
7'-0"
6'-0"
8'-0"
7'-0"
7'-0" 20'-0"
4'-0"
6'-0" 6'-0"
6'-0" 5'-6"
4'-0" 5'-6"
4'-0"
7'-0"
7'-0"
7'-0"
8'-0"
17'-2"
22'-0"
7'-0" 17'-2"
22'-0"
6'-6"
6'-0"
6'-0" 12'-9" 6'-0"
6'-0"
6'-1" 6'-1"
NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT
MATCH LINE ~ SEE SHEET 3

RECORD DRAWING CERTIFICATION
CITY RECORDS NO.: 6.9-646
GP-26-0021
5/15/2026
354
353
353
353
353
353
353
353
353
353
353
353
353
353
353
353 353
353
353
353
353
353
353 353
353
353 353
353
353
352
353
353
353
353 353
353
353353
353.5 353
353
353
353
353
353
353
353
353
353
353
353
353
353
353
353
D
D
D
D
12" @

0.25%
12" @ 0.25%
12" @ 0.25%
12" @ 0.25% 12" @ 0.25%
12" @ 0.25%
12" @ 0.25%
12" @ 0.25%

PET WASTE

PET RULES
8'-0"
6'-0"
6'-0"

FINISHED SURFACE
ELEV. 353.45

AT EDGES

FINISHED SURFACE
ELEV. 353.45

AT EDGES

FINISHED SURFACE
ELEV. 353.45

AT EDGES

FINISHED SURFACE
ELEV. 353.45

AT EDGES FINISHED SURFACE
ELEV. 352.45

AT EDGES

FINISHED SURFACE
ELEV. 353.20

AT EDGES
ELEV. 353.20

AT EDGES

FINISHED SURFACE
ELEV. 352.70

AT EDGES
353.5
353.5
353.5
352.5
353.0
353.0
352.5
354.0 354.0 353.5 353.0 352.5 352.5
352.0
352.5
353.0
353.0
352.5
353.0
352.5 353.0
353.5 354.0
353.0
353.5 353.5 353.0 353.5
352.5
353.0
353.5
352.5
353.0
353.0
352.5
352.5
353.0
352.5
353.0
352.5
353.0
353.5
353.5
353.5
353.0
353.0 353.5 353.5
352.5 352.0 351.5
351.5
353.0
352.5
352.0
352.0
352.5
353.0
352.0 352.5 353.0 354.0 354.0
353.0
354.0 354.5
354.5 354.0
354.0353.5
352.5
353.0
353.5
353.0
352.5
352.0 354.0 354.5
354.0 352.5
352.5 353.0 353.5 354.0 354.5
353
353
353 353
352.5
352.5
352.5 352.5
352.5
352.5
352.5
353.5

LIST OF IMPROVEMENTS (BY OTHERS)

ITEM DESCRIPTION DETAIL/SHEET
A SIDEWALK, 6" THICKNESS
B 6" X 12" LANDSCAPE CURB

K SITTING ISLAND

L CONSTRUCT PUMP BUILDING
M 4' FENCE

X GRADING LEGEND

PROPOSED FINISH GRADE

SLOPE IN PERCENT

PROPOSED FINISH GRADE

ELEVATION

PROPOSED SURFACE

DRAINAGE SWALE WITH

SLOPE RATE

ABBREVIATIONS

X EXISTING

W SIDEWALK

C CONCRETE SURFACE

BR BERM

SW GRADED SWALE

FL FLOWLINE

TC TOP OF CURB

R/W RIGHT OF WAY

FG FINISHED GRADE

FC FINISHED CONCRETE
EL. ELEVATION
ELEV. ELEVATION

GRADE BREAK LINE

EXISTING ONE FOOT

GROUND CONTOUR

EXISTING HALF FOOT

GROUND CONTOUR

EXISTING GROUND

POINT ELEVATION
PROPOSED FINISH CONTOUR - 1

FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.5 FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.25 FOOT INTERVAL
347

TOP OF BERM, ROUNDED
347.5
347

PROPOSED FIELD GRADE

UNDERSIDEWALK DRAIN
(BY OTHERS)
347.5

PARK LIGHT (BY OTHERS)

Drawn By:

PM:

AutoCAD File:

Date:

File No: 23 24
31 32 33 34
3 Richard D. Meyer, RCE 28104 6

CITY OF BAKERSFIELD

ANTONGIOVANNI PARK GRADING PLAN

GRADING PLAN - CENTRAL PORTION
04-15-26 04-15-26
COB-24-004
COB24004GP1
RDM
RDM
A
B
D
C
A
A
A
A
A
A
A
B
B
B
B
B
B
B
B
B
B
A
A
A
C
C
C
C
B
B
D D
D
C
E
G
G
E
E
E
SCALE:

A
3 GRADING PLAN
1"=20'
0 20 40
20 5
10 EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT BERMS

ALONG STREET

FRONTAGES
NOTE: SUB-GRADE FOR HARD SURFACES AND THE

DECOMPOSED GRANITE WALKWAY IS TO BE SET AT MINUS

0.25' OF CALLED FINISHED GRADE EDGES.

FINISH SIDEWALK SLOPES ARE NOT TO EXCEED 5%
LONGITUDINALLY NOR 2% TRANSVERSELY.

E
H
H
H
7'-0" 8'-0"
8'-0"
8'-0"
6'-0"
7'-0"
8'-0"
8'-0"
8'-0" 6'-0"
8'-0"
6'-0"
8'-0"
8'-0"
8'-0" 8'-0"
7'-0"
6'-0"
6'-0" 47'-8"
7'-0"
8'-0"
14'-0"
8'-0"
4'-0"
22'-0" 17'-2"
22'-0" 17'-2"
4'-0"
Ø90'-0"
Ø72'-0"
Ø80'-0"
7'-0"
7'-0"
NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT
MATCH LINE ~ SEE SHEET 4
MATCH LINE ~ SEE SHEET 2
91'-0"
50'-0" 81'-0"
Ø76'-0"

RECORD DRAWING CERTIFICATION
CITY RECORDS NO.: 6.9-646
GP-26-0021
5/15/2026
352
352
351
351 352
350
349
349
352
352
350351 352
349
350
350
352
351
350
352
351
350
352
351
350
352
351
350
350
350
350
351
352
352
353
353
352
352
352 352
352
352
352
352
352
D
D 12"
12" @ 12" @ 0.25% 0.25%
12" @ 0.25%
12" @ 0.25%
8'-0"
8'-0"

FINISHED SURFACE
ELEV. 352.70

AT EDGES

FINISHED SURFACE
ELEV. 351.20

AT EDGES

FINISHED SURFACE
ELEV. 351.45

AT EDGES

FINISHED SURFACE
ELEV. 351.70

AT EDGES
352.0 352.5351.5 352.0352.5 350.5 350.0
350.5
353.0 352.5
351.5
351.0 351.0
351.0
350.5
350.0
349.5
349.5
350.5
350.5
351.0
351.0
350.5
350.0
349.5
349.5
350.0
350.5
351.0
351.5
351.0
351.0
350.5
350.0
350.5
351.5
351.0
350.5
350.5
352.5
352.0
351.5
352.0
352.5 352.5 353.0 352.0 352.5
352.5
352.5
353.0
352.0
352.0
351.5
351.0
350.5
351.0
351.0
351.0
350.5
350.5
351.0
351.5
352.0 352.0
351.0
351.5
352.0
352.5
353.0 353.0 354.0 353.5 354.0353.5
353.0
352.5
351.5
352.0
352.0 352.0
351.5
351.0
351.0
351.0
350.5
351.0
351.0 351.5 352.0 352.5 352.5 353.0 353.0 353.0 353.5
352.5
353.0
353.5
352.5
353.0
352.5
353.0
352.5 352.0 351.5
351.5
352.0
352
351
352
352
353 352.5
352.5
352.5
352.5
351.5
350.5
349.5
349.5
351.5
350.5
349.5 350.5
352.5 351.5 352.5
351.5
352.5
352.5
352.5
352.5
352.5
352.5
352.5

LIST OF IMPROVEMENTS (BY OTHERS)

ITEM DESCRIPTION DETAIL/SHEET
A SIDEWALK, 6" THICKNESS
B 6" X 12" LANDSCAPE CURB

K SITTING ISLAND

L CONSTRUCT PUMP BUILDING
M 4' FENCE

X GRADING LEGEND

PROPOSED FINISH GRADE

SLOPE IN PERCENT

PROPOSED FINISH GRADE

ELEVATION

PROPOSED SURFACE

DRAINAGE SWALE WITH

SLOPE RATE

ABBREVIATIONS

X EXISTING

W SIDEWALK

C CONCRETE SURFACE

BR BERM

SW GRADED SWALE

FL FLOWLINE

TC TOP OF CURB

R/W RIGHT OF WAY

FG FINISHED GRADE

FC FINISHED CONCRETE
EL. ELEVATION
ELEV. ELEVATION

GRADE BREAK LINE

EXISTING ONE FOOT

GROUND CONTOUR

EXISTING HALF FOOT

GROUND CONTOUR

EXISTING GROUND

POINT ELEVATION
PROPOSED FINISH CONTOUR - 1

FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.5 FOOT INTERVAL

PROPOSED FINISH CONTOUR -

0.25 FOOT INTERVAL
347

TOP OF BERM, ROUNDED
347.5
347

PROPOSED FIELD GRADE

UNDERSIDEWALK DRAIN
(BY OTHERS)
347.5

PARK LIGHT (BY OTHERS)

N MOUNTAIN RIDGE DRIVE LOMBROSSO STREET

VESACE AVENUE
Rev. No. Date Revision Description Approved By
OF
SHEET NO. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Phone 661-836-9834 MeyerCE.net
11200 River Run Blvd, Ste 102, Bakersfield, CA 93311
Meyer
Civil Engineering, Inc.

Drawn By:

PM:

AutoCAD File:

Date:

File No: 23 24
31 32 33 34
4 Richard D. Meyer, RCE 28104 6

CITY OF BAKERSFIELD

ANTONGIOVANNI PARK GRADING PLAN

GRADING PLAN - SOUTH PORTION
04-15-26 04-15-26
COB-24-004
COB24004GP1
rdm
RDM
A
A
A
A
B B
B
B
B
B
A
C
C
B
B
B
C
B
B
B
K
K
K
K
K
K
D
D
E
H H
E
E
E
G
G
G
C
C
C
C
K
SCALE:

A
4 GRADING PLAN
1"=20'
0 20 40
20 5
10 NOTE: SUB-GRADE FOR HARD SURFACES AND THE

DECOMPOSED GRANITE WALKWAY IS TO BE SET AT MINUS

0.25' OF CALLED FINISHED GRADE EDGES.

FINISH SIDEWALK SLOPES ARE NOT TO EXCEED 5%
LONGITUDINALLY NOR 2% TRANSVERSELY.

EXIST. BACK OF WALK
EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER EXIST. BACK OF WALK EXIST. F/L CURB & GUTTER

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT BERMS

ALONG STREET

FRONTAGES

CONSTRUCT BERMS

ALONG STREET

FRONTAGES
EXIST. 18" STORM DRAIN BY COB
EXIST. 18" DRAIN

MANHOLE WITH STUB
EXIST. 18" DRAIN

MANHOLE WITH STUB
EXIST. 18" STORM DRAIN BY COB 31'-6"
7'-0"
8'-0"
8'-0"
8'-0"
4'-0"
22'-0"
17'-2"
4'-0"
17'-2"
22'-0"
121'-0" 121'-0"
6'-0"
6'-6" 6'-0"
7'-0" 50'-5" 7'-0"
7'-0"
7'-0"
Ø100'-0"
NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT
MATCH LINE ~ SEE SHEET 3

RECORD DRAWING CERTIFICATION
CITY RECORDS NO.: 6.9-646
GP-26-0021
5/15/2026
Rev. No. Date Revision Description Approved By
OF
SHEET NO. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Phone 661-836-9834 MeyerCE.net
11200 River Run Blvd, Ste 102, Bakersfield, CA 93311
Meyer
Civil Engineering, Inc.

Drawn By:

PM:

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Date:

File No: 23 24
31 32 33 34
5 Richard D. Meyer, RCE 28104 6

CITY OF BAKERSFIELD

ANTONGIOVANNI PARK GRADING PLAN

GRADING NOTES & BMP DETAILS
04-15-26 04-15-26
COB-24-004
COB24004GP1
rdm
RDM

GRADING NOTES

1. 24 HOUR NOTICE: PRIOR TO THE START OF ANY PHASE OF

CONSTRUCTION, THE CITY CONSTRUCTION INSPECTION SECTION
SHALL BE GIVEN AT LEAST 24 HOUR NOTICE. THE SECTION MAY BE NOTIFIED AT (661) 326-3245.

2. COMPACTION TEST NOTE - COMPACTION TESTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER/ SUBDIVIDER/ CONTRACTOR. THE

NUMBER AND LOCATION OF REQUIRED TESTS SHALL BE DETERMINED BY THE CITY ENGINEER.

3. MAXIMUM SLOPE RATIO FROM BACK OF SIDEWALK TO FACE OF WALL OR STRUCTURE SHALL BE 4:1, EXCEPT FOR TWO FEET BEHIND THE SIDEWALK WHERE THE MAXIMUM SLOPE SHALL BE 2%.

ALTERNATIVELY, THE CITY ENGINEER MAY APPROVE CURBING BEHIND

THE SIDEWALK OR OTHER METHOD TO PREVENT EROSION ONTO THE SIDEWALK.

4. ANY ITEMS IN PUBLIC RIGHT-OF-WAY THAT ARE DAMAGED OR DO

NOT MEET CURRENT STANDARDS SET BY PUBLIC WORKS WILL
REQUIRE REPAIRING AND/OR UPGRADING AS PER CITY ENGINEER.

5. ANY PUBLIC FACILITIES IN THE STREET RIGHT-OF-WAY WITHIN

THE PROPERTY FRONTAGE WHICH ARE SUBSTANDARD OR DAMAGED

WILL REQUIRE RECONSTRUCTION OR REPAIR AS DETERMINED BY THE CITY ENGINEER.

6. IF THE PROJECT IS SUBJECT TO THE PROVISIONS OF THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), A “NOTICE OF INTENT” (NOI) TO COMPLY WITH THE TERMS OF THE

GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY (SWRCB ORDER NO. 2022-0057-DWQ,
SUPERSEDING ORDER 2009-009-DWQ WITH EXCEPTIONS RETAINING SELECT PROVISIONS FROM ORDERS 2010-0014-DWQ AND
2012-0006-DWQ) MUST BE FILED WITH STATE WATER RESOURCES

CONTROL BOARD IN SACRAMENTO BEFORE THE BEGINNING OF ANY CONSTRUCTION ACTIVITY. COMPLIANCE WITH THE GENERAL PERMIT

REQUIRES THAT A STORM WATER POLLUTION PREVENTION PLAN
(SWPPP) BE PREPARED, CONTINUOUSLY CARRIED OUT, AND ALWAYS

BE AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL
CONSTRUCTION HOURS. A WASTE DISCHARGE IDENTIFICATION (WDID)

NUMBER NEEDS TO BE ISSUED BY THE STATE WATER RESOURCES
BOARD FOR THIS PROJECT, REFER TO NOTE 36 HEREON FOR THE CONTRACTOR''S PROCUREMENT OF THE WDID.

7. FEDERAL AND STATE LAWS PROTECT CERTAIN SPECIES OF

PLANTS, FISH, AND WILDLIFE THAT ARE LISTED OR PROPOSED FOR

LISTING AS ENDANGERED OR THREATENED, AS WELL AS THEIR
DESIGNATED CRITICAL HABITAT. THE PRESENCE OF AN ENDANGERED

OR THREATENED SPECIES ON PRIVATE LAND THAT OVERLAPS WITH

DEVELOPMENT MAY IMPOSE CERTAIN DUTIES, SUCH AS AVOIDING

UNAUTHORIZED TAKE AND, IN SOME CASES REQUIRING

CONSULTATION WITH THE UNITED STATES FISH & WILDLIFE SERVICE AND/OR CALIFORNIA DEPARTMENT OF FISH & WILDLIFE AGENCY.

PROPERTY OWNERS AND DEVELOPERS SHALL TAKE THE NECESSARY STEPS TO ENSURE COMPLIANCE WITH FEDERAL AND STATE LAWS. IF

UNAUTHORIZED TAKE OCCURS, A VIOLATION OF THE PROHIBITION ON

UNAUTHORIZED TAKE CAN LEAD TO CIVIL AND CRIMINAL PENALTIES BY FEDERAL AND STATE AGENCIES.

8. ALL GRADING SHALL CONFORM TO CITY OF BAKERSFIELD

ORDINANCES AND STANDARDS PERTAINING THERETO, CALIFORNIA BUILDING CODE CURRENT EDITION, CHAPTER 15.12.080 APPENDIX 33 - "EXCAVATION AND GRADING."

9. SOILS ENGINEER, DESIGN ENGINEER/BUILDING OFFICIAL WILL BE NOTIFIED 48 HOURS PRIOR TO PLACING OF ANY MATERIAL.

10. GRADING WORK WILL BE SUPERVISED AS ENGINEERED
GRADING IN ACCORDANCE WITH CITY OF BAKERSFIELD ORDINANCES.

11. THE DESIGN ENGINEER SHALL EXERCISE SUFFICIENT

SUPERVISORY CONTROL DURING GRADING AND CONSTRUCTION TO

ENSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND CODE WITHIN HIS PURVIEW.

8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR GRADING OF
THE SUB GRADE TO +/- 0.05 FOOT. IF THE SUB GRADE SHOULD BE FOUND TO BE MORE THAN 0.10 FOOT OUT OF LEVEL AFTER

COMPACTING AND ACCEPTANCE OF GRADING, THE CONTRACTOR

SHALL RETURN AND CORRECT THIS GRADING AT NO COST TO THE OWNER.

9. EXCAVATION - EXCAVATION SHALL CONSIST OF ALL EXCAVATION

INVOLVED IN THE GRADING CONSTRUCTION OF THE BUILDING PAD,

EXCEPT ANY EXCAVATION SEPARATELY DESIGNATED AND PAID FOR AS A SEPARATE ITEM.

10. EMBANKMENTS - EMBANKMENT CONSTRUCTION SHALL

CONSIST OF CONSTRUCTING EMBANKMENTS, INCLUDING THE
PREPARATION OF AREAS FOR WHICH THEY ARE TO BE PLACED. THE

CONSTRUCTION OF DIKES WITHIN OR OUTSIDE THE CONSTRUCTION

AREA, THE PLACING AND COMPACTING OF APPROVED MATERIAL

WITHIN THE CONSTRUCTION AREA WHERE UNSUITABLE MATERIAL HAS

BEEN REMOVED AND THE PLACING AND COMPACTING OF

EMBANKMENT MATERIAL IN HOLES, PITS AND OTHER DEPRESSIONS WITHIN THE GRADING AREA. FULL COMPENSATION FOR

EMBANKMENTS, PREPARING SUB-GRADE AT THE GRADING PLANE,

CONFORMING TO THE GRADE TOLERANCE, DOING NECESSARY

PLOWING OR BENCHING, IMPORTING OR BORROW, PLACING AND

COMPACTING MATERIAL TO THE LINE AND GRADES SHOWN ON THE

PLANS AND AS DIRECTED BY THE ENGINEER SHALL BE CONSIDERED

AS INCLUDED IN THE CONTRACT PRICE PAID PER CUBIC YARD FOR

FURNISHING AND PLACING THE MATERIAL OR CONSTRUCTING AS

EMBANKMENT AS THE CASE MAY BE, AND NO ADDITIONAL
COMPENSATION WILL BE ALLOWED FOR SUCH WORK.

11. THE GRADING CONTRACTOR SHALL CONTACT ALL COMPANIES

WITH UNDERGROUND FACILITIES PRIOR TO BEGINNING

CONSTRUCTION AND VERIFY THE LOCATION AND DEPTH OF ALL

UNDERGROUND FACILITIES, INCLUDING TELEPHONE, ELECTRIC,
WATER, SEWER, OIL AND GAS LINES. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR BURIED LINES NOT INDICATED ON MAP.

12. SURFACE DRAINAGE TO BE 1% MINIMUM EXCEPT AS NOTED.
a. THE WORK EMBRACED HEREIN SHALL BE IN

ACCORDANCE WITH THE STANDARD PLANS AND SPECIFICATIONS

OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DATED MAY 2022; INSOFAR AS THE SAME MAY APPLY IN
ACCORDANCE WITH THE NOTES HEREON. IN CASE OF CONFLICT

WITH THE STANDARD SPECIFICATIONS AND ANY NOTES HEREON,

THE NOTES HEREON SHALL TAKE PRECEDENCE OVER AND BE USED IN LIEU OF SUCH CONFLICTING PORTIONS. SAID SPECIFICATIONS SHALL APPLY. .

15. QUANTITIES FOR EARTHWORK (TOTAL ESTIMATED DISTURBED AREA: 12.75 ACRES)
DISTURBED AREA - 12.75 ACRES
EXCAVATION : 7,266 CY
EMBANKMENT: 5,760 CY

QUANTITIES FOR GRADING PERMIT ONLY, ENGINEER MAKES NO
WARRANTY OF ACTUAL ANTICIPATED SHRINKAGE FACTOR. A
SUBSIDENCE, CLEARING AND GRUBBING LOSS OF 0.25' WAS IMPOSED OVER THE PROJECT AREA. IN CASE OF EXCESS OR SHORTAGE,

CONTRACTOR SHALL CONTACT ENGINEER SO THAT ADJUSTMENTS
MAY BE MADE.

16. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND

COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE

COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND; INDEMNIFY AND HOLD

THE ARCHITECT, OWNER AND THE ENGINEER HARMLESS FROM ANY

LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE

PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY

ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE
ENGINEER.

17. USE ALL MEANS POSSIBLE TO PROTECT CURBS AND OTHER
OBJECTS WHICH ARE TO REMAIN.

18. THE CONTRACTOR SHALL WATER AS REQUIRED DURING THE

GRADING OPERATION TO PREVENT THE OCCURRENCE OF A DUST
NUISANCE. A DUST CONTROL PLAN SHALL BE FILLED WITH THE SAN JOAQUIN AIR POLLUTION CONTROL DISTRICT.

19. ALL CUT SLOPES SHALL NOT BE STEEPER THAN 2' HORIZONTAL TO 1' VERTICAL.

20. ALL FILL SLOPES SHALL NOT BE STEEPER THAN 4' HORIZONTAL TO 1' VERTICAL.

21. FILL AREAS SLOPING STEEPER THAN 10:1 SHALL BE KEYED AND BENCHED TO SUPPORT FILL.

22. ALL SLOPES GRADED SHALL BE PREPARED AND MAINTAINED TO PREVENT EROSION.

23. THE SOILS ENGINEER SHALL INSPECT AND APPROVE ALL
EXCAVATIONS PRIOR TO PLACING EMBANKMENT.

27. THE SOILS ENGINEER SHALL BE NOTIFIED OF ANY ITEM

ENCOUNTERED DURING THE GRADING OPERATIONS THAT MIGHT

AFFECT FOUNDATION STABILITY SO THEY MIGHT BE TREATED UNDER HIS DIRECTION.

28. UPON COMPLETION OF GRADING AND BEFORE THE START OF

CONSTRUCTION, A FINAL SOILS REPORT SHALL BE PREPARED BY THE SOILS ENGINEER AND DELIVERED TO THE CITY OFFICIAL.

29. ALL GRADING SHALL CONFORM TO THE RECOMMENDATIONS

CONTAINED AND MADE A PART HEREOF IN THE PRELIMINARY SOILS REPORT PREPARED BY SOILS ENGINEERING, INC. ALL

RECOMMENDATIONS AND SPECIFICATIONS ARE PROVIDED WITHIN THIS

REPORT AND SHALL BE FOLLOWED CONCISELY UNLESS OTHERWISE NOTED ON THESE PLANS.

30. DURING GRADING OPERATIONS, THE APPLICANT FOR A BUILDING

PERMIT SHALL BE RESPONSIBLE FOR THE APPLICATION OF WATER TO

DEVELOPMENT SITES TWICE DAILY TO MITIGATE THE IMPACT OF DUST AND PM 10 EMISSIONS. SPRAYING SHOULD BE SUFFICIENT TO ENSURE

THAT SOILS REMAIN DAMP, WITH THE FREQUENCY OF SPRAYING
DEPENDENT ON THE WEATHER CONDITIONS.

31. DURING GRADING OPERATIONS, ALL ACTIVITY SHALL BE
RESTRICTED TO PERIODS OF LOW WIND TO REDUCE DUST EMISSIONS.

32. SHOULD ANY CULTURAL MATERIALS OR ARTIFACTS SUCH AS,

BUT NOT LIMITED TO, ARROWHEADS, BEADS, OR TOOLS BE

DISCOVERED DURING GRADING OR SURFACE DISTURBANCE, ALL
WORK WITHIN 200 FEET OF THE FIND SHALL BE HALTED UNTIL A

QUALIFIED ARCHAEOLOGIST AND TRIBAL CULTURAL RESOURCES

CONSULTANT ARE PRESENT TO REVIEW THE FINDS AND PROVIDE
WRITTEN RECOMMENDATIONS TO MITIGATE IMPACTS. PRIOR TO

RESUMPTION OF SITE DISTURBANCE, THE PROPERTY OWNER OR

AUTHORIZED AGENT SHALL SPECIFY, IN WRITING, THE STEPS THAT

WILL BE TAKEN TO MITIGATE IMPACTS AND THE TIMING OF THOSE

ACTIVITIES TO ARCHAEOLOGIST, TRIBAL RESOURCES CONSULTANT, AND THE PLANNING DIRECTOR. WORK SHALL NOT BE RESUMED IN THE

AREA OF THE FIND UNTIL CLEARANCE IS GIVEN BY THE

ARCHAEOLOGIST, TRIBAL RESOURCES CONSULTANT, OR PLANNING DIRECTOR.

33. SHOULD ANY HUMAN REMAINS BE DISCOVERED DURING

GRADING OR SURFACE DISTURBANCE, ALL SUCH WORK SHALL BE

HALTED ON THE ENTIRE PROJECT SITE AND THE CITY CORONER SHALL

BE CONTACTED TO ASSESS THE FINDS AND PROVIDE

RECOMMENDATIONS, PRIOR TO RESUMPTION OF WORK, IN
ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION 7050.5 OF THE HEALTH AND SAFETY CODE AND SECTION 5097.98 OF THE PUBLIC RESOURCES CODE. SHOULD THE CITY CORONER CONCLUDE

THAT THE FIND COULD POTENTIALLY INCLUDE NATIVE AMERICAN

REMAINS OR RESOURCES, THE APPLICABLE TRIBAL CULTURAL

CONSULTANT SHALL BE CONTACTED AND PERMITTED TO ASSESS THE FINDS. RECOMMENDATIONS SHALL BE IN WRITING, PROVIDED TO THE

PLANNING DIRECTOR, AND NO WORK SHALL BE RESUMED ON THE

SUBJECT PARCEL UNTIL AUTHORIZED BY THE CITY CORONER AND PLANNING DIRECTOR.

34. ALL USED OIL (AS DEFINED IN SECTION 25250.1 OF THE

CALIFORNIA HEALTH AND SAFETY CODE) SHALL BE DISPOSED OF IN

ACCORDANCE WITH ALL LOCAL, STATE, AND FEDERAL REGULATIONS

FOLLOWING CONSULTATION WITH THE KERN CITY ENVIRONMENTAL

HEALTH SERVICES DEPARTMENT/HAZARDOUS MATERIALS SECTION,

STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES, AND THE ENVIRONMENTAL PROTECTION AGENCY. ALL USED OIL AND OTHER WASTES SHALL BE TRANSPORTED BY A REGISTERED WASTE HAULER.

35. AN OPEN STREET PERMIT SHALL BE OBTAINED FROM THE CITY

OF BAKERSFIELD PUBLIC WORKS DEPARTMENT FOR ANY WORK
PERFORMED WITHIN EXISTING ACCEPTED STREET RIGHT OF WAY.

UNLESS SECURED BY A IMPROVEMENT AGREEMENT, SECURITY BASED ON AN APPROVED ENGINEER’S ESTIMATE FOR THE WORK PERFORMED

WITHIN THE RIGHT OF WAY AND INSURANCE AS REQUIRED SHALL BE PROVIDED PRIOR TO ISSUANCE OF A PERMIT.

36. IF REQUIRED AND IN ORDER TO COMPLY WITH NPDES

REQUIREMENTS, THE CONTRACTOR SHALL PROCURE A WDID NUMBER

IN COOPERATION WITH THE CITY AND FURNISH A STORM WATER

POLLUTION PREVENTION PLAN, HEREAFTER REFERRED TO AS A
“SWPPP.” THE CONTRACTOR SHALL FILE A NOTICE OF INTENT (NOI) WITH THE STATE WATER RESOURCES BOARD (SWRCB). THE

CONTRACTOR SHALL BE CONTINUOUSLY RESPONSIBLE FOR EROSION

AND SEDIMENTATION CONTROL AND STORM WATER POLLUTION
PREVENTION THROUGHOUT THE CONTRACT PERIOD. THE SWPPP

SHALL INCLUDE BEST MANAGEMENT PRACTICES, A COPY OF THE

NOTICE OF INTENT, VICINITY MAPS, WATER POLLUTION CONTROL

DRAWINGS, COMPUTATIONS FOR RUNOFF COEFFICIENTS,

MAINTENANCE, INSPECTION AND REPAIR PROGRAM, LIST OF

SUBCONTRACTORS AND INSPECTION REPORT FORMS, SPILL

PREVENTION AND CONTROL, VEHICLE AND EQUIPMENT FUELING AND

MAINTENANCE, EROSION AND SEDIMENT SOURCE CONTROLS AND
ANY OTHER ITEMS AS NECESSARY. AT A MINIMUM, THE FOLLOWING BEST MANAGEMENT PRACTICES (BMP) SHALL BE INCLUDED:

IN ACCORDANCE WITH CALTRANS: SC-7 STREET SWEEPING AND
VACUUMING, SC-8 SAND BAG BARRIER, SC-10 STORM DRAIN INLET PROTECTION, WE-1 WIND EROSION CONTROL, TC-1 STABILIZED
CONSTRUCTION ENTRANCE/EXIT (WHERE APPLICABLE), NS-1 WATER CONSERVATION PRACTICE, NS-3 PAVING AND GRINDING OPERATING, WM-3 STOCKPILE MANAGEMENT, WM-4 SPILL PREVENTION AND
CONTROL. REFER TO BMP DETAILS ON THIS SHEET AND SHEET 6.

NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT

Drawn By:

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AutoCAD File:

Date:

File No: 23 24
31 32 33 34
6 Richard D. Meyer, RCE 28104 6

CITY OF BAKERSFIELD

ANTONGIOVANNI PARK GRADING PLAN

BMP DETAILS
04-15-26 04-15-26
COB-24-004
COB24004GP1
rdm
RDM
NOTE: ALL HARD SURFACE ITEMS, UTILITIES, AND

STRUCTURES WILL REQUIRE A SEPARATE PERMIT

RECORD DRAWING CERTIFICATION
CITY RECORDS NO.: 6.9-646
GP-26-0021
5/15/2026
PRGI?€)$��
FOR
ANTONGIG> • ANNJ PA!RK GMDING IMPR0Ml:MENTS PR©JECf
Praject Nu.m!Jer:: 24-RP.0O'0tf
To the City, ©ler.k 0.f the Ciw 0f Bakerisfiele:I:

The l:ltrd�r:sJgned, as bicfeer, <ileclares that the only per.sens @r �artie:S interestea tn thfs prepe,iaitas prineip�ls are · those r:iamed herein; th,at"fhis proposal Is made witlrout c0llusion with an¥ 0t�er p�r.sen, firlfl er, ce�e,r-afl�n; that the Contractor has carefufly. examinecl the l00attor.1 of the proposed W.ot.k, tpe· ahnei<edrpr0P,!,\lsea f0li,:r1 oi �cmtr:aet a_n� the Plc!ns therein ref�rred to; an!:! the ee:ntractoli r;,roli)eses and agf�s� If tfils :proposal, Is ac-�ied, t�at the eMtraetor will o,etrtra'ct with the c;1ty ef Bakerrsfield, lh the prescYlbe:s term ef.eohtrict r�refo ·t(nri'exed,Jb provide all neqes-Saf'Yi: machitre�, tQG>IS, ap�aratus and other means et cohStr.uetlGn and to-!JG' �IJ (fie w9r1< and furnish all the materials in acc0r,dar.ice with the plans anefJ specifications fsJ the aeove, file-di in thet,'ffi� 01 the Finaf'lqe �iredfo11 0f the Clty of 8al<ersfleld and.as specified In tne eontr-act, in the manrier and time therein presc.:r,le:ed, and aocecdjng to the requirements 0f the Engineer as therein set fer,thi and that the Cemtacter wlll take in full P.i:!Y.ment theref0r tne unit priees or h)mp sums set forth in the f0ll0wing schedule.

If tl'lis pro);>osal is accepted' and the unders1gned falls te execute the aforesaid c©ntract ·and to pfeviEI� sJ;Jr'.efy l!>!:lnds �na evf(jeFJee of Insurance accepfabte to the eity as is required within ·1en (10) qays. net iriclucilflg S1mo.ays, aft¢r. the bl<!ls�r regelves n'otls-e fr0m the €lt.Y that the G;lty effer,s re award the contract to the sliceessful pl�oer, tne City tnay, at Its epti0n, determine that tne !Diddet has abandoned tl'le eid prop.es�! and the ·bi�oer's propos�I guaranty _ s)lall pe fofifeited apd shall become tt;e pr0pe.r'ty of the Gity. Qity shall tnen b·e free t0 aceapt th+ e-bio 9f ,anoffier
biel,der,
Item
No.

1. 1 LS Sterm Water Poff utlon l?revention Plan
2, LS E>ust eeJ\trol

3. LS 1e.,0.nf01'imanee suweying
�t ts M<'bllitatlon
?,, .
.r.& StabiTize GrGUAd Surface
(F) lndicates:J!/hal 'P''a'l/item.

Slgf1ecl - z
Bldperl
'!?age 1 of5
l!Jnft,Price
Qn figures)
Extension Prtpe
{In figures) _

EXHIBIT B

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent Calendar Public Hearing TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 22, 2026
SUBJECT: Public Hearing to consider Action Plan Amendment No.2 to HUD Action Plan Fiscal Year 2025-26:

Transfer funds from the Catholic Charities Food Bank Expansion Project ($645,344 CDBG) to the CAPK Friendship House Community Conference and Classroom Modular Project (Ward 1) for a total allocation of $645,344 to support the installation of a modular facility.

RECOMMENDATION:

City staff recommends the approval of the Action Plan Amendment.

BACKGROUND:

The City receives annual entitlement funding from the U.S. Department of Housing and Urban Development (HUD) through the submission of an Action Plan, which identifies all HUD-funded projects and activities and describes how those investments address local housing, homelessness, and economic development needs. Each Action Plan corresponds to the fiscal year in which the City of Bakersfield receives HUD funding. Amendments to an adopted Action Plan, including the addition of new projects or the reallocation of previously awarded funds, require a Substantial Amendment process that includes a 30-day public notice and comment period.

Staff is proposing a Substantial Amendment to the FY 2025–26 HUD Action Plan to reallocate Community Development Block Grant (CDBG) funds previously awarded to the Catholic Charities Food Bank Expansion Project to the Community Action Partnership of Kern (CAPK) Friendship House Community Conference and Classroom Modular Project.

On April 23, 2025, Catholic Charities was awarded $645,344 in FY 2025–26 CDBG funds for the construction of a new food bank facility. Subsequently, the organization withdrew its funding request.

During the FY 2026–27 HUD Notice of Funding Availability (NOFA) cycle, CAPK submitted an application to install a modular conference and classroom facility at the Friendship House Community Center. To preserve funding within the same CDBG Community Facilities activity category, staff recommends reallocating the previously awarded funds to CAPK for this eligible project.

Accordingly, proposed Amendment No. 2 adds the following project submitted by the Community Action Partnership of Kern:
- CAPK Friendship House Community Conference and Classroom Modular Project: CDBG funds will be used to install a fully equipped modular conference and classroom building at Friendship House in southeast Bakersfield to expand services for low-income residents. The amendment reallocates $645,344 in CDBG funding to support this project as a part of the FY 2025-26 Action Plan.

Public Notice:

A public notice for this Action Plan Amendment was published in English in the Bakersfield Californian, and in Spanish in El Popular on May 29, 2026, initiating a 30-day public comment period and providing a 30-day notice of the public hearing. As of the date of this report, no comments have been received. Staff concludes the proposed Action Plan Amendment meets all regulatory and public noticing requirements and recommends Council approve the Amendment.

FISCAL IMPACT:

The total City contribution of $645,344 in Community Development Block Grant (CDBG) funds for the CAPK Friendship House Community Conference and Classroom Modular Project is being reallocated from the Catholic Charities Food Bank Expansion Project and is an eligible HUD activity within the FY 2025–26 HUD Action Plan. Therefore, there will be no fiscal impact to the City’s General Fund as a result of this Amendment, as these are Federal Entitlement funds.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Summary of Action Plan Amendments
Summary of Action Plan Amendments
The City of Bakersfield is proposing to reallocate $250,000 in CDBG funding originally designated for ADA Improvements to Fair Housing Services, while maintaining the award to Greater Bakersfield Legal Assistance (GBLA) for the project.

AMENDMENT NO. 3 FY 25/26 ACTION PLAN – M-25-MC-06-0503
Project Title & Description
Project ID
Activity Code/
Citations/Nat./Ob
j.

Budgeted
Amount of
Funds
Budget
Changes
Revised Total
Funding

CANCEL/REDUCE
GBLA ADA Improvements
This project proposes rehabilitating the
bathrooms at 601 and 615 California
Avenue to achieve full ADA compliance
and improving the vacant lot at 701
California Avenue with asphalt paving and
a security gate to provide safer parking for
employees and clients.
03C-Public
Facilities and
Improvements
24 CFR
570.201(c)
LMI
$250,000.00 -$250,000.00 $0

ADD/INCREASE
Greater Bakersfield Legal Assistance
Fair Housing Services
Public services provided by Greater
Bakersfield Legal Assistance to
affirmatively further fair housing choice,
including education, intake, screening,
counselling, testing and mediation.
21D-Fair Housing
Activities
24 CFR
570.201(c)
LMI
$0 +$250,000.00 $250,000.00

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent Calendar - Public Hearing TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 28, 2026
SUBJECT: Public Hearing to consider Action Plan Amendment No. 3 to HUD Action Plan Fiscal Year 2025-26 Reallocate $250,000 in Community Development Block Grant (CDBG) funds from the Greater Bakersfield Legal Assistance (GBLA) ADA Improvement Project to GBLA Fair Housing Services to support fair housing outreach, education, counseling, and enforcement activities for low- and moderate-income residents.

RECOMMENDATION:

City staff recommends the approval of the Action Plan Amendment.

BACKGROUND:

The City receives annual entitlement funding from the U.S. Department of Housing and Urban Development (HUD) through the submission of an Action Plan, which outlines HUD-funded projects and activities and describes how they address local housing, homelessness, and economic development needs. Each Action Plan corresponds to the fiscal year in which the City of Bakersfield receives HUD funding. Amendments to the Action Plan, including the addition of new projects or the reallocation of previously awarded funds, require a Substantial Amendment process that includes a 30-day public notice and comment period.

Staff is proposing a Substantial Amendment to the FY 2025–26 HUD Action Plan to reallocate Community Development Block Grant (CDBG) funds from the Greater Bakersfield Legal Assistance (GBLA) ADA Improvement Project to GBLA Fair Housing Services.

On April 23, 2025, GBLA was awarded FY 2025–26 CDBG funding for ADA improvements at its California Avenue campus. Later that year, GBLA notified the City of a funding shortfall that affected the delivery of Fair Housing Services under the City's current Fair Housing Program. To address this gap, GBLA requested that its capital improvement funding be reallocated to support Fair Housing Services. Staff recommend reallocating $250,000 from the ADA Improvement Project to GBLA's Fair Housing Services program to ensure the continued delivery of these services to local residents.

Accordingly, proposed Amendment No. 3 adds the following project submitted by Greater Bakersfield Legal Assistance:

Greater Bakersfield Legal Assistance (GBLA) Fair Housing Services: CDBG funds will be used to support fair housing outreach, education, counseling, and enforcement services for low- and moderate-income residents throughout Bakersfield. The amendment reallocates $250,000 in CDBG funding from the GBLA ADA Improvement Project to expand fair housing services as part of the FY 2025–26 Action Plan.

Public Notice:

FISCAL IMPACT:

The total City contribution of $250,000 in Community Development Block Grant (CDBG) funds for Greater Bakersfield Legal Assistance (GBLA) Fair Housing Services is being reallocated from the GBLA ADA Improvement Project and is an eligible HUD activity within the FY 2025–26 HUD Action Plan.

Therefore, there will be no fiscal impact to the City’s General Fund as a result of this Amendment, as these are Federal Entitlement funds.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Summary of Action Plan Amendment
Summary of Action Plan Amendments
The City of Bakersfield is proposing to reallocate $250,000 in CDBG funding originally designated for ADA Improvements to Fair Housing Services, while maintaining the award to Greater Bakersfield Legal Assistance (GBLA) for the project.

AMENDMENT NO. 3 FY 25/26 ACTION PLAN – M-25-MC-06-0503
Project Title & Description
Project ID
Activity Code/
Citations/Nat./Ob
j.

Budgeted
Amount of
Funds
Budget
Changes
Revised Total
Funding

ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent Calendar Public Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 22, 2026
SUBJECT: Public Hearing Tax Equity and Fiscal Responsibility Act on behalf of the Housing Authority of the County of Kern (Ward 2)

1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the plan of finance for the issuance by the Housing Authority of Kern (Housing Authority) of Multifamily Housing Revenue Bonds in the amount not to exceed $5,500,000 of the Authority’s Revenue Bonds (Bonds) for the purpose of financing rental housing projects.

2. Adopt Resolution approving the plan of finance for the issuance by the Housing Authority of Multifamily Housing Revenue Bonds in an amount not to exceed $5,500,000 for the acquisition and rehabilitation of the project known as Baker Street Village RAD, a 37-unit affordable housing complex located at 1015 Baker Street in Bakersfield California and certain other matters relating thereto.

3. Indemnification Agreement between the City of Bakersfield and the Housing Authority of the County of Kern.

RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing, adopt a Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution and approve the indemnification agreement.

BACKGROUND:

The City of Bakersfield (City) has received a request from the Housing Authority to conduct a public hearing, as required by the Internal Revenue Code, in order to issue, pursuant to a plan of finance, one or more series of its tax-exempt bonds, notes or other evidence of indebtedness in an amount not to exceed $5,500,000 (the “Bonds”) for the benefit of the Borrower pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the “Act”), the proceeds of which will be used to provide a loan to finance the acquisition and rehabilitation of Baker Street Village RAD (the “Project”) located at 1015 Baker Street. This project is restricted to households earning between 30% and 80% of Area Median Income (AMI).

The Bonds will be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and as such, require the approval of the elected body of the governmental entity having jurisdiction over the location where the project to be financed is located. The City will not be under any obligation to repay the bond indebtedness.

For the Housing Authority to issue such Bonds, the City must: 1) conduct a public hearing allowing members of the public to comment on the proposed Project, and 2) approve the Housing Authority's issuance of Bonds via Resolution. Although the Housing Authority (not the City) will be the issuer of the Bonds for the Project, the financing cannot proceed without the City approving the issuance of the Bonds.

The Housing Authority will issue the Bonds for the benefit of the Project. No financial obligations are placed on the City for project financing costs or repayment of the Bonds.

FISCAL IMPACT:

There is no financial impact on the City of Bakersfield. The tax-exempt revenue bonds are payable solely out of the revenues derived by the Housing Authority from the applicable Project. No financial obligations are placed on the City for project financing costs or debt repayment.

COUNCIL GOAL:

Economic Opportunity for All
Community Character & Quality of Life
ATTACHMENTS:

1. Resolution

2. Indemnification Agreement

Page 1 of 3 ends

Bakersfield City CouncilJuly 15, 2026

Bakersfield City Council
July 15, 2026