____________________________________________________________ AMENDMENT No. 1 to AGREEMENT No. 2024-309
AGREEMENT NO. 2024-309(1)
INDEPENDENT CONTRACTOR’S AGREEMENT
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024 -309 (“Agreement”) is made and entered into on ________________________, by and between the CITY OF BAKERSFIELD , a California charter city and municipal corporation ("CITY" herein) and WILLDAN ENGINEERING, a Corporation authorized to do business in California (“CONTRACTOR” herein).
R E C I T A L S
WHEREAS, on November 20, 2024, CITY and CONTRACTOR entered into Agreement No. 2024 -309, allocating $400,000 in American Rescue Plan Act (ARPA) funds to identify non-permitted Accessory Dwelling Units (ADUs) and assist households in bringing these structures into compliance; and
WHEREAS, due to time constraints, CONTRACTOR is unable to expend its total allocation within the term of the Agreement; and
WHEREAS, on November 20, 2024, CITY entered into Agreement No. 2024 - 304 with Community Action Partnership of Kern (CAPK) to provide professional services related to CITY’s Home Repair and Weatherization Program (“PROGRAM” herein); and
WHEREAS, under the U.S. Department of the Treasury 2022 final rule, CITY is authorized to reallocate ARPA funding to a separate subrecipient, so long as the scope of work remains substantially the same; and
WHEREAS, the parties now desire to decrease the total compensation by One Hundred Sixty Thousand Dollars ($160,000) for a revised total allocation of Two Hundred Forty Thousand Dollars ($240,000) and reallocate those unexpended funds to CAPK for implementation of the PROGRAM.
NOW, THEREFORE , incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2024 -309 entitled “COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR on a time/material basis in accordance with the hourly rates as show n in Exhibit “B” for performing the Scope of Work (“Compensation”).
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC ____________________________________________________________ AMENDMENT No. 1 to AGREEMENT No. 2024-309
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 no more than $240,000 for performing the Scope of Work.
2. Except as amended herein, all other provisions of the Agreement No. 2024- 309 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024 -309 to be executed the day and year first -above written.
"CITY" “CONTRACTOR"
CITY OF BAKERSFIELD WILLDAN ENGINEERING
By: _____________________________ By: _______________________________
KAREN GOH VANESSA MUNOZ
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By:_______________________________
PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: _______________________ Finance Director: _____________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance: ____________
Attachment: Exhibit “B”
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC
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CITY OF BAKERSFIELD
3.1.3. Project Approach and Work Schedule
Willdan has provided code enforcement services to over 80 jurisdictions within the last 15 years. Many of these municipality’s scope of work is very similar to the City’s scope listed in the Request for proposal.
Therefore, Willdan is very familiar with your needs and will meet the needs off the City as identified in the table below:
Scope of Work Willdan’s Deliverables
Investigate
Complaints
§ Willdan staff will review all aspects of the code, determine the correct zoning, and determine ownership prior to the actual investigation. § Our employees will adhere to the laws, statutes and protocols that govern a legal inspection.
§ Staff will utilize zoning maps/GIS software to determine correct zoning. § Personnel will determine ownership through City records and/or through an ownership database.
§ Staff will carry laptops, tablets, mi-fi, cellphones, radios, digital cameras, measuring tape or other tools required to perform investigations. § Our employees will attempt to view the alleged violations from the public right-of-way and will not perform investigations without owner’s consent or warrant.
Initiate Contact/
Encourage
Compliance
§ Our staff will attempt to educate business owners and homeowners on code requirements and offer solutions whenever possible. § Willdan personnel will issue notices on minor nuisance related issues in an attempt to achieve voluntary compliance.
§ Contract personnel will utilize administrative remedies such as civil citations to gain compliance only when necessary.
Field
Inspections/
Gather
Evidence/Mainta
in Case
Information
§ Willdan personnel will gather all pertinent facts regarding the case, including taking photographs. The information will include all evidence provided by the reporting party, neighbors, the property owner, city records, photo documentation and witness statements.
§ Personnel will review and catalog all City evidence related to the investigation.
§ Our employees will gather evidence through performing inspections.
Prepare Notices
of Violations
§ Our staff is trained to prepare custom letters that specifically highlight a code violation, so property owners completely understand the code requirements. This helps property owners better understand their issue and gain compliance.
§ Willdan staff is PC-832 Certified which allows code enforcement officers to file misdemeanor cases as directed by the Ci ty staff.
§ Staff will utilize all other tools such as criminal citations, criminal complaints, stop work orders, abatement warrants, receiverships, and recordation’s to eliminate code violations.
EXHIBIT B
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC Page | 16
CITY OF BAKERSFIELD
Scope of Work Willdan’s Deliverables
Prepare
Compliance
Schedules
§ Willdan personnel will establish compliance schedules as outlined by the City Code or established by City policies.
§ The compliance schedule is determined by the severity and complexity of the issue and will range from immediate to a maximum of 30 days per notification.
§ Compliance schedules not regulated by code will be consistent and fair and will allow -residents or business owners adequate time to comply with code regulations.
Professional
Certifications
§ Willdan staff will provide officers who possess a PC832 Certification as required per this contract.
§ Willdan staff will possess certification through the California Association of Code Professionals (CACEO).
§ Many of Willdan staff members have ICC Certifications and are certified to perform building inspections.
Prepare Reports
§ Willdan staff will prepare monthly statistical reports at the request of the City.
§ Our personnel can prepare criminal complaint reports and/or citation reports.
§ Staff can provide reports to the Board of Supervisors upon request Meet with Legal
Counsel
§ Willdan personnel will meet with the City’s Office or City Counsel regarding cases referred for legal proceedings.
§ Staff will provide reports including detailed notes, photos, correspondences and supporting documentation for all files referred to the City. § Our personnel will perform inspections and provide updates on case status for active investigations being conducted in collaboration with the City’s.
Coordinate with
City Departments
§ Willdan staff will communicate with all persons that collaborate with code such as the public works, building and planning divisions. § Our staff will meet and confer with the Bakersfield City Sheriff’s Department, City Fire and the Department of Environmental Health. § Staff would also work with all City commissions as directed by City staff.
Collect and
Maintain
Statistics
§ Willdan will utilize the City’s database Clariti to collect, maintain statistical data and report on daily, weekly, monthly or annual basis. § The statistics maintained would include but is not limited to the following:
number of complaints received, the type of violations observed, the number of violations observed, number of notices and citations issues, case closures, and citation revenue generated.
§ Statistical information can be provided to staff upon request and new reports can be created depending on the information requested.
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC
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CITY OF BAKERSFIELD
Scope of Work Willdan’s Deliverables Report to Development Service Director (or designee) § Willdan’s Project Manager, Al Brady, and all proposed Code Enforcement Officers, will report to the Development Services Director (or designee). § Our personnel will report directly to the Code Enforcement Chief during the duration of the contract.
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC
CITY OF BAKERSFIELD
3.1.4. Cost of Services
CITY OF BAKERSFIELD
Fee Schedule
Code Enforcement Officer $85 per hour (Overtime $127.50) Senior Code Enforcement Officer $95 per hour (Overtime $142.50) Vehicle Charge per day: $100
PROPOSED BUDGET:
Project Initiation (Project Kick-off Meeting)
Willdan Staffing (1 FT Code Enforcement Officer) for 8 hours ($680/day) Project Initiation (Project Kick-off Meeting)
Willdan Staffing (1 FT Code Enforcement Officer) for 8 hours/day ($680) Monthly charges for 1 Code Enforcement Officer and 1 vehicle:
Staffing: (4.35 weeks per month) times 40 hours times ($85 per hour) = $14,790 Vehicle: (4.35 weeks per month) times 5 days per week times ($100 per day) = $2,175 Grand total per month: $16,965
Note: This budget assumes that forms such as Notices of Violations, Administrative Citations, other City forms, mailings, etc., will be provided by the City of Bakersfield. Additionally, no administrative support will be provided by Willdan for the assigned Code Enforcement Officer.
Assuming a start date of December 1, 2024, and concluding on October 31, 2026 (23 months), the total budget (less any overtime required by the City of Bakersfield) would be:
Year 1 (11 months) = $186,615
Year 2 (12 months) = $203,580
**Total 23-month term of 1 FT Code Enforcement Officer and 1 vehicle = $ 390,195 ** NOTE: Totals do not factor in holidays, sick days, or City approved vacation/personal days, none of which would be billable to the City (reducing the estimated costs above).
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Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC
CITY OF BAKERSFIELD
Cost Sheet for Code Enforcement Services
Task Cost (Labor & Materials) Notes
Project Initiation $680 per day 1 FT Code Enforcement Officer for 8 hours
Municipal Code Enforcement Services
Code Enforcement Officer
Vehicle
Term is for 23 months, 40 hours per
week (overtime charges if requested by
client are $127.50 per hour)
$680 per day
$100 per day
Does not include Overtime
Forms and documents to be
provided by client not Willdan.
Project Closeout Project ends 10/31/26 (no
additional costs)
Total Cost $390.195 23-month term of contract
Discount (if applicable) None
Discounted Cost None
P a g e | 19
Docusign Envelope ID: 73A35213-1997-803A-83FA-F7609EAE32FC Certificate Of Completion
Envelope Id: 73A35213-1997-803A-83FA-F7609EAE32FC
Status: Completed
Subject: Complete with Docusign: AGRMT 2024-309(1).pdf
Source Envelope:
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Certificate Pages: 5
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City Clerk's Office
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[email protected]
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Vanessa Munoz
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President
Willdan Engineering
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