3907900 3908000 3908100 3908200 3908300 3908400
3907900 3908000 3908100 3908200 3908300 3908400
307300 307400 307500 307600 307700 307800 307900 308000 308100 308200 307300 307400 307500 307600 307700 307800 307900 308000 308100 308200 35° 18' 2'' N
119° 7' 10'' W
35° 18' 2'' N
119° 6' 33'' W
35° 17' 42'' N
119° 7' 10'' W
35° 17' 42'' N
N
119° 6' 33'' W
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,360 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
Figure A-4. Photograph of the project site taken from the SW corner facing N (04Jan25).
Biological Resource Evaluation
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17 Figure A-5. Photograph of the project site taken from near the SW corner facing E (04Jan25).
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
18 Figure A-6. Photograph of the project site from near the NW corner facing W (04Jan25).
Biological Resource Evaluation
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January 2025
19 Figure A-7. Photograph of the project site taken from the NE corner facing S (04Jan25).
APPENDIX B
SPECIAL-STATUS PLANT AND ANIMAL EVALUATION
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
Table B-1: Special-status Plants That May Occur in the Vicinity of the Project.
Scientific Name
Common Name
Status
Fed/State/CNPS Description Blooming Period
Field Study
Results/Potential for
Occurrence
Astragalus hornii var.
hornii
Horn’s milk vetch
S/-/1B.1 Annual herb in the Fabaceae found in meadows and seeps and on playas and lake margins on alkaline soils between 195 and 2,790 feet (60–850 meters) in elevation. Known
from occurrences in the Southern San Joaquin Valley, the Tehachapi Mountains and the Western Transverse Ranges
in Kern, Los Angeles, and San Bernardino Counties.
May to October Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Atriplex cordulata var.
cordulata
Heartscale
S/-/1B.2 Herbaceous annual in the Chenopodiaceae found in chenopod scrub, meadows and weeps, and valley and
foothill grasslands in sandy, saline or alkaline soils below 1,837 feet (560 meters) in elevation. Known to occur in the Great Central Valley from Kern County north to Southern Butte County.
April to October Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Atriplex coronata var.
vallicola
Lost Hills crownscale
S/-/1B.2 Herbaceous annual in the Chenopodiaceae found in chenopod scrub, valley and foothill grasslands, and vernal pool habitats on alkaline soils between 165 and 2,085 feet (50–635 meters) in elevation. Known to occur in Fresno, Kern, Kings, Merced, Monterey, San Benito, San Luis
Obispo, and Tulare Counties.
April to September Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Atriplex tularensis
Bakersfield smallscale
-/E/1A Herbaceous annual in the Chenopodiaceae found in chenopod scrub habitat between 295 and 655 feet (90–200 meters) in elevation. Known to occur in the Kern County.
June to October Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Calochortus striatus
Alkali mariposa-lily
S/-/1B.2 Bulbiferous perennial herb in the Liliaceae found in chaparral, chenopod scrub, meadows and seeps, and
Mojavean desert scrub in alkaline and mesic soils between 230 and 5235 feet (70–1,595 meters). Known to occur in
the Inyo, Kern, Los Angeles, San Bernardino, and Tulare Counties.
April to June Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Caulanthus californicus
California jewelflower
E/E/1B.1 Annual herb in the Brassicaceae family found in chenopod scrub, pinyon and juniper woodland, and valley and foothill grassland habitats on sandy soils between 200 and 3,280 feet (61 – 1000) in elevation.
February to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
22 Scientific Name
Common Name
Status
Fed/State/CNPS Description Blooming Period
Field Study
Results/Potential for
Occurrence
Chloropyron molle ssp.
hispidum
Hispid bird’s-beak
S/-/1B.1 Hemiparasitic annual herb in the Orobanchaceae family found in meadows and sweeps, playas, and valley and
foothill grasslands on alkaline soils below 510 feet (155 meters) in elevation.
June to September Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Delphinium recurvatum
Recurved larkspur
S/-/1B.2 Perennial herb in the Ranunculaceae family found in chenopod scrub, cismontane woodland, and valley and
foothill grassland habitats below 2,590 feet (790 meters) in elevation. Known to occur in Kern and Tulare Counties.
March to June Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Diplacus pictus
Calico monkeyflower
S/-/1B.2 Annual herb in the Phrymaceae family found in broadleafed upland forest and cismontane woodland habitats in
disturbed areas and granitic soils between 330 and 4,690 feet (100-1,430 meters) in elevation. Known to occur in Kern and Tulare Counties.
March to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Eremalche parryi ssp.
kernensis
Kern mallow
E/-/1B.2 Annual herb in the Malvaceae family found in chenopod scrub, pinyon and juniper woodland, and valley and foothill grassland habitats in clay, dry, openings, and sandy soils often at the edge of balds between 230 and 4,230 feet (70 – 1,290 meters) in elevation. Known to occur in Kern,
Kings, San Luis Obispo, Santa Barbara, Tulare, and
Ventura Counties.
January to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Eschscholzia lemmonii
ssp. kernensis
Tejon poppy
S/-/1B.1 Annual herb in the Papaveraceae family found in valley foothill and grasslands and chenopod scrub, generally on loose, calcareous soils between 525 and 3,280 feet (200– 1,000 meters) in elevation. Known to occur in Kern and San Luis Obispo Counties.
Sometimes February,
March to May
Not Observed/Not
Expected. Expected
elevation range is higher
than the project site.
Decades of intensive
farming has resulted in
vegetation limited to
invasive/ruderal species.
Imperata brevifolia
California satintail
-/-/2B.1 Perennial, rhizomatous herb in the Poaceae family found in chaparral, coastal sage scrub, meadow and seeps,
Mojavean desert scrub, and riparian scrub habitats on
mesic and alkaline soils below 3,985 feet (1,215 meters).
Known to occur in Butte, Lake, Fresno, Tulare, Inyo, Kern, Santa Barbara, Ventura, San Bernadino, Orange,
Riverside, San Diego and Imperial Counties.
September to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
23 Scientific Name
Common Name
Status
Fed/State/CNPS Description Blooming Period
Field Study
Results/Potential for
Occurrence
Lasthenia glabrata ssp.
coulteri
Coulter’s goldfields
S/-/1B.1 Annual herb in the Asteraceae family found in vernal pools, marshes and swamps, playas, and saline places at
elevations below 4,005 feet (1,220 meters). Known to occur in Colusa, Kern, Los Angeles, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Solano, Tehama, Tulare, Ventura, and Yolo Counties.
February to June Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Layia leucopappa
Comanche Point layia
S/-/1B.1 Annual herb in the Asteraceae family found in chenopod scrub and valley and foothill grassland habitats between 330 and 1,150 feet (100 – 350 meters) in elevation. Known to occur in Kern County.
March to April Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Monolopia congdonii
San Joaquin woollythreads
E/-/1B.2 Annual herb in the Asteraceae family found in chenopod scrub and valley and foothill grassland habitats on sandy soils between 195 and 2,625 feet (60 – 800 meters) in
elevation. Known to occur in Fresno, Kern, Kings, San
Benito, San Luis Obispo, Santa Barbara, and Tulare
Counties.
February to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Navarretia setiloba
Piute Mountains
navarretia
S/-/1B.1 Annual herb in the Polemoniaceae family found in cismontane woodland, pinyon and juniper woodlands, and
valley and foothill grasslands in gravelly loam and
sometimes clay soils between 935 and 6,890 feet (285–
2,100 meters) in Kern, Los Angeles, and Tulare Counties.
April to July Not Observed/Not
Expected. Expected
elevation range is higher
than the project site.
Opuntia basilaris var.
treleasei
Bakersfield cactus
E/E/1B.1 Perennial stem succulent in the Cactaceae family found in chenopod scrub, cismontane woodland, and valley and
foothill grasslands between 330 and 4,755 feet (100–1450 meters) in elevation. Known to occur in the Southeast San Joaquin Valley and Southern Sierra Nevada Foothills in
Kern County.
April to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Puccinellia simplex
California alkali grass
S/-/1B.2 Annual herb in the Poaceae family found in chenopod scrub, meadows and seep, valley and foothill grassland, and vernal pool habitats on alkaline, flats, lake margins, and vernally mesic soils between 5 and 3050 feet (2–930 meters) in Alameda, Butte, Colusa, Contra Costa, Fresno, Glenn, Kern, Kings, Lake, Los Angeles, Madera, Merced,
Napa, San Bernardino, San Luis Obispo, Santa Clara,
Santa Cruz, Solano, Stanislaus, Tulare, and Yolo Counties.
March to April Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
24 Scientific Name
Common Name
Status
Fed/State/CNPS Description Blooming Period
Field Study
Results/Potential for
Occurrence
Stylocline citroleum
Oil neststraw
S/-/1B.1 Annual herb in the Asteraceae family found in chenopod scrub, coastal scrub, and valley and foothill grassland on clay soils between 165 and 1,310 feet (50 – 400 meters) in elevation. Known to occur in Kern and San Diego Counties.
March to April Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Stylocline masonii
Mason’s neststraw
S/-/1B.1 Annual herb in the Asteraceae family found in chenopod scrub and valley and foothill grasslands on sandy soils between 330 and 3,935 feet (100–1,200 meters) in
elevation. Known from locations in Kern, Los Angeles,
Monterey, and San Luis Obispo Counties.
March to May Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
Tortula californica
California screw moss
S/-/1B.2 Moss in the Pottiaceae family found in chenopod scrub and valley and foothill grassland habitats in sandy soils between 35 and 4790 feet (10–1460 meters) in Kern, Los Angeles, Modoc, Monterey, Riverside, San Diego, Santa Barbara,
and Ventura Counties.
Does not flower Not Observed/Not
Expected. Decades of
intensive farming has
resulted in vegetation limited
to invasive/ruderal species.
STATUS: Federal and State Listing Code
D Delisted
E Federally or State-listed Endangered
T Federally or State-listed Threatened
S BLM Sensitive
CNPS
1A Plants presumed extirpated in California, and either rare or extinct elsewhere 1B.1 Plants considered rare, threatened, or endangered in California and elsewhere; seriously threatened in California 1B.2 Plants considered rare, threatened, or endangered in California and elsewhere; fairly threatened in California 2B.1 Plants considered rare, threatened, or endangered in California, but more common elsewhere; seriously threatened in California Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
25 Table B-2: Special-status Animals That May Occur in the Vicinity of the Project.
Scientific Name
Common Name
Status
Federal/State General Habitat Survey Results/Regional or Nearest Occurrence* Invertebrates
Bombus crotchii
Crotch’s bumble bee
-/C Occurs in grasslands and shrublands in the
Mediterranean region, Pacific coast, western desert,
and adjacent foothills throughout California’s southwest region. Food plant genera include but is not limited to Antirrhinum, Clarkia, Eriogonum. and Phacelia.
Not Observed/Not Expected. No known
records in the vicinity of the project.
Marginal habitat present on the project.
Branchinect lynchi
Vernal pool fairy shrimp
T/- Found in vernal pools throughout California. Exist as cysts during the dry season and reproduce when pools
are filled with water again.
Not Present. No suitable habitat present.
Danaus plexippus
Monarch butterfly
PT/- Occur for migration between San Diego and British
Colombia. Asclepias spp. are used for egg laying
throughout the range.
Not Observed/Not Expected. No known
records in the vicinity of the project.
Marginal habitat present on the project.
Desmocerus californicus dimorphus
Valley elderberry longhorn beetle
T/- Central Valley riparian forest; nearly always found on or close to its host plant, elderberry (Sambucus species).
Not Present. No suitable habitat for the
species. No host plants present on the
project or vicinity.
Amphibians
Spea hammondii
Western spadefoot toad
PT/ CSC Central valley and adjacent foothills, Coast Ranges from Point Conception south to the Mexico border;
valley-foothill grasslands and valley-foothill hardwood, shallow temporary pools used for breeding, below
4,472 feet (1,363 meters).
Not Observed/Not Expected. No known
records in the vicinity of the project.
Marginal habitat present on the project.
Reptiles
Actinemys marmorata
Northwestern pond turtle PT/CSC
Completely aquatic requiring calm waters such as pools
or streams with vegetation banks or logs for basking.
Will utilize upland habitat up to about 0.5 km from
water.
Not Present. No suitable habitat present.
Anniella grinnelli
Bakersfield legless lizard -/CSC
Found in sparsely vegetated areas of beach dunes,
chaparral, pine-oak woodlands, desert scrub, sandy
washes, and stream terraces with sycamores,
cottonwoods, or oaks in warm moist soils under cover.
Not Observed/Not Expected. Suitable
habitat absent from the site. Potential
habitat in the project vicinity.
Anniella spp.
California legless lizard -/CSC
Found in coastal dunes, chaparral, pine-oak
woodlands, desert scrub, and sandy washes in warm
moist loose soils, below 5,085 feet (1550 meters).
Not Observed/Not Expected. Suitable
habitat absent from the site. Potential
habitat in the project vicinity.
Arizona elegans occidentalis
California glossy snake -/CSC Found in low elevation scrub, grasslands and chaparral habitats.
Not Present. No suitable habitat present.
Gambelia sila
Blunt-nosed leopard lizard (BNLL) E/E,SFP
Found only in the San Joaquin Valley, adjacent Carrizo
Plain, Elkhorn Plain, Cuyama Valley, and Panoche
Valley; inhabits sparsely vegetated plains, lower canyon Not Present. No suitable habitat present.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
26 Scientific Name
Common Name
Status
Federal/State General Habitat Survey Results/Regional or Nearest Occurrence* slopes, on valley floors, and washes; open grassland,
saltbush scrub, and alkali sink are more common
habitat types.
Masticophis flagellum
ruddocki
San Joaquin coachwhip -/CSC
Found in the San Joaquin Valley in open, dry habitats.
Associated with valley grassland and saltbush scrub
habitats containing small mammal burrows which are
used for refugia and oviposition sites.
Not Present. No suitable habitat present.
Phrynosoma blainvillii
Coast horned lizard
-/CSC
Inhabits valley-foothill hardwood, coniferous and
riparian, as well as pine-cypress, juniper, and annual
grasslands, in Sierra Nevada below 3,937 feet (1,200
meters) and in mountains of Southern California and
into the adjacent valleys.
Not Present. No suitable habitat present.
Birds
Agelaius tricolor
Tricolored blackbird
S/CSC
Forages in grasslands, wetlands, rice fields, croplands, and weedy uplands dominated by mustards and
thistles, etc.; breeds in marshes containing heavy
growth of bulrushes, cattails, and blackberries; found
throughout the Central Valley.
Not Present/Low Probability of
Occurrence in the Project Vicinity. No
suitable nesting habitat on the site.
Potential for marginal foraging habitat in
farmlands in the vicinity of the project.
Athene cunicularia
Burrowing owl
-/C
Inhabits dry, open grasslands, rolling hills, desert floors, prairies, savannas, agricultural land, and other areas of open, bare ground. These owls will also inhabit open
areas near human habitation, such as airports, golf
courses, shoulders of roads, railroad embankments,
and the banks of irrigation ditches and reservoirs.
Not Observed/Moderate Probability of
Occurrence in the Project Vicinity.
Suitable habitat for nesting and foraging
areas and database search resulted in
records in the vicinity of the project. No
burrowing owls or owl burrows observed.
Buteo swainsoni
Swainson’s hawk
-/T
Riparian and sometimes large, isolated trees used for
nesting; grasslands and agricultural lands used for
foraging; in California, breeds primarily in the
Sacramento Valley, with occasional nesting to the south through Kern County; migrate through the Central and
San Joaquin Valleys to their wintering grounds in South America.
Not Observed/Low Probability of
Occurrence in the Project Vicinity. No
suitable nesting sites on the project. Low
suitable foraging habitat exists across the
row-crop farmland south of metropolitan
Bakersfield.
Charadrius nivosus nivosus
Western snowy plover
T/CSC
Nests, feeds, and takes cover on sandy or gravelly
beaches along the coast, on estuarine salt ponds, alkali lakes, and at the Salton Sea. On the Pacific coast, it
nests on barren to sparsely vegetated sand beaches,
dry salt flats in lagoons, dredge spoils deposited on
beach or dune habitat, levees and flats at saltevaporation ponds, and river bars.
Not Present. No suitable wintering
habitat or foraging habitat exists on the
project.
Coccyzus americanus occidentalis
Western yellow-billed cuckoo T/E
Nests in walnut and almond orchards in California,
natural nesting habitat is in cottonwood-tree willow
riparian forest. Known populations of breeding western
Not Present. No suitable nesting habitat
exists on the project for this species. The
site represents poor foraging habitat.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
27 Scientific Name
Common Name
Status
Federal/State General Habitat Survey Results/Regional or Nearest Occurrence* yellow-billed cuckoo are several disjunct locations in
California, Arizona, and western New Mexico.
Dendrocygna bicolor
Fulvous whistling duck -/CSC
Nests in fresh emergent wetlands and quiet riverine
waters. Uncommon to fairly common in the San
Joaquin Valley, April to November.
Not Present. No suitable nesting habitat
exists on the project for this species. The
site represents poor foraging habitat.
Elanus leucurus
White tailed kite
-/SFP
Associated habitats include open grasslands,
savannahs, agriculture, wetlands, oak woodland and
riparian areas with associated open space.
Not Observed/Low Probability of
Occurrence in the Project Vicinity. No
suitable nesting sites on the project.
Suitable foraging habitat exists across the
row-crop farmland south of metropolitan
Bakersfield.
Eremophila alpestris actica
California horned lark -/WL Resident throughout California from the coast to the deserts up to alpine dwarf-shrub habitat above tree line Present. Horned lark observed on site
during the field study.
Gymnogyps californianus
California condor
E/E,SFP
Forages over large expanses of land including but not
limited to, grasslands, foothills, coastal mountain
ranges. Nests on cliff faces, large trees or manmade
structures.
Not Present/Low Probability of
Occurrence in the Project Vicinity. No
suitable nesting habitat on the site.
Potential for marginal foraging habitat in
farmlands in the vicinity of the project.
Plegadis chihi
White-faced ibis -/WL
Nesting associated with large emergent wetlands. Will
forage in a variety of wet meadows, irrigated pastures, flooded pond edges and wet cropland.
Not Present. No suitable nesting habitat
exists on the project for this species. The
site represents poor foraging habitat.
Xanthocephalus xanthocephalus
Yellow-headed blackbird
-/CSC
Yellow-headed blackbirds are found in freshwater
marshes during the summer. They particularly like to
live among cattails, tule, and bulrush. During migration and over winter months, the yellow-headed blackbird is
found in open, cultivated lands, in fields, and in
pastures.
Not Present. No suitable nesting habitat
exists on the project for this species. The
site represents poor foraging habitat.
Mammals
Ammospermophilus nelsoni
San Joaquin antelope squirrel S/T
Found in grasslands or open shrublands; formerly more
extensive, current range includes southwestern portion
of the San Joaquin Valley and in adjacent valleys to the west.
Not Present. Beyond the current
published range of the species.
Dipodomys ingens
Giant kangaroo rat
E/E
Western side of the San Joaquin Valley, including the
Carrizo Plain and the Panoche Valley; grassland and
shrub-land habitats with sparse vegetative cover and
soils that are well-drained, fine sandy loams with gentle slopes.
Not Present. Beyond the current
published range of the species.
Dipodomys nitratoides brevinasus
Short-nosed kangaroo rat E/E
Found in arid communities on the valley floor portions
of Kern, Tulare, and Kings counties in scrub and
grassland communities in level to near-level terrain with Not Present. Beyond the published
range of the species.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
28 Scientific Name
Common Name
Status
Federal/State General Habitat Survey Results/Regional or Nearest Occurrence* alluvial fan-floodplain soil (fine sands and sandy loams) with sparse grasses and woody vegetation such as
iodine bush, saltbush, seep weed, and mesquite.
Dipodomys nitratoides nitratoides
Tipton kangaroo rat
E/E
Found in arid communities on the valley floor portions
of Kern, Tulare, and Kings counties in scrub and
grassland communities in level to near-level terrain with alluvial fan-floodplain soil (fine sands and sandy loams) with sparse grasses and woody vegetation such as
iodine bush, saltbush, seep weed, and mesquite.
Low Probability of Occurrence. Habitat
suitable for Dipodomys spp. The project
is not within the southwest focus area of
the previous Habitat Conservation Plan.
Habitat listed as low-quality habitat (rank
4) in most recent habitat modeling study
(Cypher et al. 2021) Small mammal
trapping would be required to determine
species occupation.
Eumops perotis californicus
Western mastiff bat
S/CSC
Open, semi-arid to arid habitats, including conifer and deciduous woodlands, annual and perennial
grasslands, chaparral, desert scrub, and urban areas;
roosts in cliff faces, as well as high buildings, trees, and tunnels; uncommon resident in southwestern San
Joaquin Valley.
No Roosting Sites Present. No known
occurrences in the vicinity of the project.
Information on some bat species
indicates foraging may occur over 10’s of
miles from roosting sites. Impacts not
expected.
Onychomys torridus tularensis
Tulare grasshopper mouse
S/CSC
Found in valley grasslands habitats, blue oak savanna,
desert associations dominated by annual grasses and
California ephedra, alkali sink scrub, saltbush scrub,
and upper Sonoran shrub associations, dominated by
ephedra.
Not Observed/Not Expected. Beyond
the current published range of the
species.
Perognathus inornatus inornatus
San Joaquin pocket mouse
S/-
Found in west-central California in the Upper
Sacramento Valley, Tehama County, southward
through the San Joaquin and Salinas valleys and
contiguous areas to the Mojave Desert in Los Angeles,
Kern and extreme western San Bernardino counties.
Inhabits dry, open, grassy or weedy areas and annual
grasslands, savannas, and desert-scrub associations
with sandy washes or finely textured soils.
Not Observed/Not Expected. Beyond
the current published range of the
species.
Sorex ornatus relictus
Buena Vista Lake shrew
E/CSC
Formerly occupied marshlands of the San Joaquin
Valley and the Tulare Basin. Its range has become
much restricted due to the loss of lakes and sloughs in the area. It has been recorded from the Kern Lake
Preserve area and the Kern National Wildlife Refuge.
Current distribution is unknown but likely to be very
restricted due to the loss of habitat.
Not Present. No suitable habitat present.
Taxidea taxus
American badger -/CSC
Uncommon resident found through California; in less
disturbed grassland and shrubland habitats in San
Joaquin Valley.
Not Present No suitable habitat.
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
29 Scientific Name
Common Name
Status
Federal/State General Habitat Survey Results/Regional or Nearest Occurrence* Vulpes macrotis mutica
San Joaquin kit fox (SJKF)
E/T
Found in valley saltbush scrub, valley sink scrub,
Interior Coast Range saltbush scrub, upper Sonoran
sub-shrub scrub, non-native grassland, and valley
sacaton grassland in the Central Valley and adjacent
foothills and valleys, infrequently to the outer Coast
Ranges; generally not found in densely wooded areas,
wetland areas, or areas subject to frequent periodic
flooding.
Not Observed/Moderate Probability of
Occurrence. SJKF known to occupy
Metropolitan Bakersfield and database
records show they are present in the
vicinity of the project. Two drainage
sumps border the project, and sumps are
known to be used by SJKF for denning
because of their slopes. SJKF could be
present transiently. No sign of SJKF was
observed during the field study.
STATUS:
Federal
S Listed as a BLM Sensitive Species
D Delisted
E Listed as Endangered
PT Proposed as Threatened
T Listed as Threatened
C Candidate for Endangered Status
State
CSC California Department of Fish and Wildlife Designated Species of Special Concern
D Delisted
E Listed as Endangered
SFP California Department of Fish and Wildlife Designated Fully Protected
T Listed as Threatened
C Candidate for Endangered Status
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
30 Figure B-1. CNDDB special-status plant species occurrences within a 10-mile radius of the project (CDFW 2025).
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
31 Figure B-2. CNDDB special-status bird species occurrences within a 10-mile radius of the project (CDFW 2025).
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
32 Figure B-3. CNDDB special-status amphibian and reptile species occurrences within a 10-mile radius of the project (CDFW 2025).
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
33 Figure B-4. CNDDB special-status mammal species occurrences within a 10-mile radius of the project (CDFW 2025).
APPENDIX C
PLANTS AND ANIMALS OBSERVED ON THE PROJECT
FIELD STUDY CONDUCTED
03 January 2025
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
Table C-1. Vascular plant species observed during the field study conducted on the project site.
Scientific Name Common Name
Asteraceae
Lactuca serriola Prickly lettuce
Sonchus oleraceus Common sow thistle
Boraginaceae
Amsinckia menziesii Common fiddleneck
Brassicaceae
Sisymbrium irio London rocket
Chenopodiaceae
Salsola tragus Russian thistle
Fabaceae
Leucaena leucocephala River tamarind
Geraniaceae
Erodium cicutarium Redstem filaree
Malvaceae
Malva parviflora Cheeseweed
Poaceae
Bromus diandrus Ripgut brome
Bromus madritensis ssp. rubens Red brome
Pennisetum ssp. Fountain grass
Sorghum halepense Johnsongrass
Solanaceae
Solanum elaeagnifolium Silverleaf nightshade
Table C-2. Vertebrate animal species observed during the field study conducted on the project site.
Scientific Name Common Name
Birds
Columba livia Rock pigeon
Corvus corax Common raven
Eremophila alpestris Horned lark
Falco sparverius American kestrel
Biological Resource Evaluation
APN 544-040-03, -04, -07
January 2025
36 Scientific Name Common Name
Sayornis nigricans Black phoebe
Sayornis saya Say’s phoebe
Zenaida macroura Mourning dove
Mammals
Felis catus Domestic cat
Thomomys bottae Botta’s pocket gopher
Reptiles
Uta stansburiana Common side-blotched lizard
RESOLUTION NO. 11-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION FOR A ZONE CHANGE LOCATED
NEAR THE NORTHWEST OF PANAMA LANE AND OLD RIVER
ROAD. (ZC NO. 23-0287).
WHEREAS, McIntosh and Associates for Old River Properties, LLC, filed an application with the City of Bakersfield Development Services Department requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One-Family Dwelling) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 20.56 acres located near the northwest of Panama Lane and Old River Road, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment; therefore, a Negative Declaration with mitigation measures was prepared in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Secretary of the Planning Commission set Thursday, April 4, 2024, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Mitigated Negative Declaration and Project, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, the City of Bakersfield Development Services Department (1715 Chester A venue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report, initial study, and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings:
1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, at least 20 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study
was completed. A Mitigated Negative Declaration was prepared and properly noticed for public review (SCH No. 2024010882).
3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to those impacts identified in the initial study have been incorporated into the Project, the Project will not significantly impact the physical environment.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Mitigated Negative Declaration is hereby recommended for adoption by the City Council.
3. The project is subject to mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on Thursday, April 4, 2024, on a motion by Commissioner Koman and seconded by Commissioner Kaur, by the following vote.
AYES: Cater, Bittle, Kaur, Koman, Neal, Strickland
ABSENT: Bashirtash
Exhibits {attached}:
Exhibit A: Mitigation Measures
Exhibit B: Location Map
APPROVED
lt-te=-
oa'ni~ICater, VICE-CHAIR
City of Bakersfield Planning Commission
By: CC\S:\ 1 S_Zone Change \01 ..,Active\2023\23-60000287_6201 Old River Rd\0 1 _Hearing & Noticing Documents\Draft\PC RES ENV _6201 Old River.docx
EXHIBIT A
MITIGATION MEASURES
ZONE CHANGE NO. 23-0287
Biological Resources Impact Mitigation Measures:
1. Prior to of ground disturbance and/or construction activities, applicant/developer shall consult with and follow all California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA).
2. Applicant/developer shall have a qualified professional conduct and prepare a biological resource pre-activity survey no more than 30 days prior to the beginning of ground disturbance and/or construction activities; biological resource monitoring during each initial phase of ground disturbance; compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted for the detection of listed, or otherwise special-status species, likely to be impacted by any project related activity.
2.1 If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shall be initiated. If the identified dens are unavoidable, pursuant to the guidelines, the CDFW and USFWS shall be contacted for additional guidance and take authorization.
2.2 The project is within the historic range of Tipton kangaroo rat. The project was not included in the southwest focus area for the species in the previous habitat conservation plan. The most recent habitat suitability modeling (Cypher 2020) does not include the project in any of the four tiers enumerated for suitability.
Trapping would be required to confirm small mammal species occupying the project.
2.3 If ground-disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February l through August 31 ), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows: l) ground or low-shrub nesting non-raptors - 300 feet (91 meters); 2) burrowing owl- as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted. 3) other raptors - 500 feet ( 152 meters).
By CC/S:\15_Zone Change\01_Active\2023\23-60000287_6201 Old River Rd/01_Hearging & Noticing Documents/Drafts/PC\MM_6201 Old River
Exhibit "A" Mitigation Measures
Zone Change 23-0287
Tribal and Cultural Resources Impact Mitigation Measures:
3. During construction, if archaeological resources are encountered during the course of construction, a qualified archaeologist should be consulted for further evaluation.
4. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.
Traffic/Circulation Impact Mitigation Measures
5. Prior to issuance of building permits, the applicant/developer shall pay the Regional Transportation Impact Fee Program.
zc 23-0287
EXHIBIT B
CITY OF BAKERSFIELD R-1
R-1
R-1
R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1 R-1
R-1
METROPOLITAN IYAY
R-1
R-1 R-1 R-1
= ""
~ >
~ '"'
0 C-2
C-2 C-2
C-2 C-2 C-2
PANAMA LN
R-1
R-1
METROPOLITAN WAY
R-1
R-2
R-2
R-1
EMPI RE STAIE
DR
C-2/P.C.D.
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R-1
0 LEGEND
(ZONE DISTRICTS)
R-1 One family Dwelling 6,000 sq.ft. min lot size
R.J.4.5 One family Dwelling 4,5DO sq.ft. min lot size
EEstate
I 0,000 sq.ft. min lat size
R-1 Residentia l Suburban
24,000 sq.ft./dwelling unit
R-S-{ ) Residential Suburban I, 2.5, 5 or 10 min lat size R-2 limited Multiple family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.fl. min lat size (multifamily)
2,500 sq.fl. lot area/dwelling unit
R-3 Multiple family Dwelling 6,000 sq.fl. min lat size 1,250 sq.fl. lat area/dwelling unit R-4 High Density Multiple family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lat area/dwelling unit
R-H Residentia l Hold ing
20 ocre min lot size
A Agriculture 6,000 sq.fl. min lot size A-20A Agriculture 20 ocre min lot size
PUD Planned Un it Development
Tl Travel Trailer Park
MH Mobile home
C-0 Profe ssional and Administrative Office C-1 Neighborhood Commercial C-2 Regiona l Commercial
C-( Commercial Center
(-8 Centra l Business
PCD Planned Commercial Development
M-1 lightMonufocturing
M-2 General Manufacturing
M-3 Heavy lndustriol
PAutomabileParking
RE Recreation Ch Church Over
lay
01 Open lpoce
HOSP Hospital Overlay
AD Architectural Design Overloy
fP-P floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
0 BAKERSFIELD
t
Feet
150
4/5/2024
300
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ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Ordinances TO: Honorable Mayor and City Council
FROM: Phil Burns, Development Services Director
DATE: June 26, 2026
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Section 1.12.070 by adding Annexation No. 722
consisting of approximately 82.1 gross acres to Ward 7, generally located along the east side of Ashe Road, between Romero Road and Engle Road. (FR 7/15/26) (Ward 7) RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 15, 2026. This ordinance amends the ward boundaries to include Annexation No. 722 in Council Ward 7. This annexation was recently approved by the Kern County Local Area Formation Commission.
The parcels have a General Plan designations of R-IA (Resource - Intensive Agriculture), HMR (High Medium Residential), LR (Low Density Residential), and GC (General Commercial) and are City pre-zoned A (Agricultural), R-2 (Small Lot Single-Unit Dwelling), R-1 (Single-Unit Dwelling), and C-2 (Regional Commercial). This annexation was initiated by Swanson Engineering Inc. on behalf of the majority property owner, Raymond Roselle. There are no current plans to develop the property.
The project sites contain a few ranches, while surrounding land uses are predominantly agricultural. There is vacant, undeveloped land to the north and farmland to the south. The property to the east and west are also farmland. If the annexation is approved, the property would be located in Ward 7.
FISCAL IMPACT:
The exchange of property tax revenues for this annexation is covered under the Master Tax Split Agreement (Memorandum of Understanding 15-277) between the City of Bakersfield and the County of Kern.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Ordinance with Exhibits
ORDINANCE NO. ____________
AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE
SECTION 1.12.070 BY ADDING ANNEXATION NO. 722 TO WARD 7.
WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a resolution for Annexation No. 722 recently ordering the territories annexed to the City of Bakersfield; and
WHEREAS, the territories ordered to be annexed to the City of Bakersfield are required to be within a City Council Ward Boundary; and WHEREAS, the LAFCo recently completed the annexation for the territories to the City of Bakersfield, the exterior boundaries of Annexation No. 722 which is shown on the map in Exhibit B and described in the attached Exhibit A, attached hereto and incorporated as though fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
Section 1.
All of the foregoing recitals are hereby found to be true and correct.
Section 2.
Annexation No. 722 shall be included in Ward 7.
Section 3.
Section 1.12.070 of the Bakersfield Municipal Code is hereby amended by adding thereto the legal description set forth in Exhibit A.
Section 4.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the abovedescribed territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage.
---------o0o--------
2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on ______________________________ by the following vote:
AYES: COUNCILMEMBER: Arias, Gonzales, Weir, Smith, Koman, Bashirtash, Kaur_______________ NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: ________________________________________________________________ ABSENT: COUNCILMEMBER: ________________________________________________________________ _______________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
_______________________________
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Map
EXHIBIT A
LEGAL DESCRIPTION
CITY OF BAKERSFIELD
ANNEXATION No. 722 ASHE No.13 BOUNDARY
Those portions of the Southwest quarter of Section 3, the Southeast quarter of Section 4, the Northeast quarter of Section 9 and the Northwest quarter of Section 10, Township 31 South, Range 27 East, Mount Diablo Base and Meridian according to the Official Plat thereof on file in the Office of the Surveyor General; in the unincorporated area of the County of Kern, State of California, described as follows:
Beginning at the point of intersection of the Northerly line of the South 30.00 feet of the Southeast quarter of said Section 4, said line also being the Northerly right-of-way line of Engle Road (County Road No. 234), with the Westerly line of the East 30.00 feet of the Southeast quarter of said Section 4, said line also being the Westerly right-of-way line of Ashe Road (County Road No. 199), said point also being an angle point on the Corporate Boundary of the City of Bakersfield; thence along said Corporate Boundary the following thirteen (13) courses; 1) thence North 00°
45'34" East along said Westerly right-of-way line a distance of 2595.75 feet to the Westerly prolongation of the Southerly right-of-way line of Romero Road (County Road No. 615);
2) thence South 89°
10'08" East along said Westerly prolongation and said Southerly right-of-way a distance 1222.00 feet to the Easterly line of Parcel "B" of Lot Line Adjustment No.92-90 per Certificate of Compliance recorded December 21, 1990 in Book 6468, Page 2095 of Official Records;
3) thence South 00° 49'51" West along said Easterly line a distance of 369.86 feet to the Southeast corner of said Parcel "B";
4) thence North 89°
08"55" West along the Southerly line of said Parcel "B" a distance of 358.53 feet to the Easterly line of Parcel "A" of said Lot Line Adjustment 92-90; 5) thence South 09°
39'42" West along said Easterly line a distance of 202.93 feet; 6) thence South 09°
44'38" West continuing along said Easterly line a distance of 98.79 feet;
7) thence South 16° 11 '18" West continuing along said Easterly line a distance of 94. 76 feet;
8) thence South 26°
27'16" West continuing along said Easterly line a distance of 103.88 feet;
9) thence South 31 °
52'53" West continuing along said Easterly line a distance of 103.83 feet;
10) thence South 30°
06'56" West continuing along said Easterly line a distance of 167.43 feet;
11) thence South 22°26'05" West continuing along said Easterly line a distance of 225.33 feet to the Northerly line of Lot 25 of Kern County Sales Map No. 2 of the Lands of J. B.
Haggin, filed for record May 24 1889 in the Office of the Kern County Recorder; 12) thence South 89°09'59" East along the Northerly line of Lot 25, Lot 26 and Lot 27 of said Sales Map a distance of 1484.61 feet to the Northeast corner of said Lot 27; 13) thence South 00°45' 40" West along the Easterly line of said Lot 27 a distance of 1297.72 feet to the North line of the South 30.00 feet of the Southwest quarter of said Section, said line also being the Northerly right-of-way line of Engle Road; 14) Thence departing said Corporate Boundary continuing South 00°45' 40" West along the Southerly prolongations of the Easterly line of said Lot 27 a distance of 60.00 to the South line of the North 30.00 feet of the Northwest quarter of said Section 10, said line also being the Southerly right-of-way line of said Engle Road; 15) thence North 89°11 '00" West along said Southerly right-of-way line a distance of 1981.41 feet to the West line of the Northwest of said Section 10, said line also being the centerline of Ashe Road;
16) thence North 89°17'40" West continuing along said Southerly right-of-way tine a distance of 30.00 feet to the West line of the East 30.00 feet of the Northeast quarter of said Section 9, said West line also being the Westerly right-of-way line of said Ashe Road;
17) thence North 00°37'33" East a distance of 60.00' along said Westerly right-of-way line a distance of 60.00 feet to the Point of Beginning.
Contains 88.55± acres.
0 APN: 184-260-10
7 APN: l84-260-14y.
0 EXHIBIT "8"
ANNEXATION NO. 722
ASHE NO. 13
TO THE CITY OF BAKERSFIELD
88.55± ACRES
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: I I APN: 184-220-21 APN: 184-220-53
0 APN: 184-220-52 I APN: 184-220-51 I
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COUNTY or KERN
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CITY Of BAKERSFIELD
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ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phil Burns, Development Services Director
DATE: July 21, 2026
SUBJECT: Property Abatement Resolution for July 2026.
Resolution confirming approval by the City Manager designee of the Code Enforcement Manager’s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on July 13, 2026, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A (attached) were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris, and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit A.
The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A were abated under the direction of the Code Enforcement Manager. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution.
FISCAL IMPACT:
Results of this action places expenditures for abatements and staff cost recovery on the tax role for each code case on an individual property where the cost has not been paid. Revenue from this action is received in the future from the County of Kern Tax Collector and placed into the general fund.
COUNCIL GOAL:
Community Character & Quality of Life
Neighborhood Vitality
ATTACHMENTS:
1. Resolution,
2. Exhibit,
3. Declaration
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF
THE REPORT OF THE CODE ENFORCEMENT MANAGER REGARDING
ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR
THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND
THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING
COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and
WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing held on July 13, 2026, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and
WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. That the Code Enforcement Manager caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and made a part hereof by this reference.
2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit “A” are hereby confirmed.
3. The cost of the abatement on the properties as described in Exhibit "A" are hereby made a lien and special assessment against said properties and the Code Enforcement Manager is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b)-(c).
4. The assessments enumerated herein are not subject to Proposition 218.
5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1(c).
6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the lien imposed under 2 Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below.
7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein.
----------o0o----------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________________, by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
KAREN GOH
MAYOR
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD FOR
ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER ABATEMENT OF CERTAIN WEEDS, DEBRIS, AND WASTE MATTER APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
1 404-040-34-00-5 4305 ADIDAS AVE 25-0009422
CHAIREZ DELORES
FRAIRE 4305 ADIDAS AVE $0.00 $190.00 $190.00 6
2 170-290-02-00-1 805 BRADSHAW ST 26-0001250
HAWK CAPITAL
INVESTMENTS
6630 LOWRY ST
BAKERSFIELD CA 93307 $344.00 $1,128.00 $1,472.00 1
3 019-051-06-00-6 1100 S BROWN ST 25-0010115
HUGGINS LOUIS JR
& KATHRYN J
1100 S BROWN ST
BAKERSFIELD CA 93307 $0.00 $541.00 $541.00 2
4 010-032-16-00-3 440 BRUNDAGE LN 25-0005076 BUI QUOC VIET 9923 IROQUOIS LN
BAKERSFIELD CA 93312 $0.00 $1,128.00 $1,128.00 2
5 007-081-02-00-6
2329 CALIFORNIA
AVE 25-0009215
PLANET HOME
LENDING LLC
321 RESEARCH PW STE
303
MERIDEN CT 06450 $0.00 $1,128.00 $1,128.00 2
6 020-263-04-00-5 10 DUNLAP ST 26-0000312 BROUN ROBERT A 10 DUNLAP ST
BAKERSFIELD CA 93309 $1,582.00 $2,233.00 $3,815.00 2
7 332-630-30-00-0
3333 EL ENCANTO
CT UNIT 37 25-0008002 WANG CHUANYU
3333 EL ENCANTO CT
APT 37 BAKERSFIELD
CA 93301 $0.00 $1,128.00 $1,128.00 3
EXHIBIT "A" 7/13/26
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
8 545-131-09-00-4
9201 EMPIRE
STATE DR 26-0000967
ORLOFF PETER &
SANDRA L
9201 EMPIRE STATE DR
BAKERSFIELD CA 93311 $3,900.00 $2,233.00 $6,133.00 5
9 498-102-14-00-3
7913 FALLEN PINE
WAY 26-0000982
CORTEZ RAFAEL &
DANIELA
7913 FALLEN PINE WY
BAKERSFIELD CA 93313 $0.00 $190.00 $190.00 6
10 405-361-16-00-0 2108 FOXFIRE CT 26-0000433
CALDERON
CARLOS
2108 FOXFIRE CT
BAKERSFIELD CA 93304 $0.00 $190.00 $190.00 1
11 441-151-19-00-2
3612 GINNELLI
WAY 25-0008726
VICTORY
OUTREACH SO
WEST BAK
912 NEW STINE RD
BAKERSFIELD CA 93309 $0.00 $190.00 $190.00 1
12 499-171-16-00-0
5302 GLACIER
SPRINGS DR 26-0000230 KEPHART VALERIE
5302 GLACIER SPRINGS
DR
BAKERSFIELD CA 93313 $0.00 $190.00 $190.00 7
13 019-052-21-00-6 1816 HARPER AVE 25-0010112 LEE ROBERTA 1820 HARPER ST
BAKERSFIELD CA 93307 $0.00 $190.00 $190.00 2
14 371-091-10-00-8 4716 HARRIS RD 26-0000101 RLIEU PROP LLC 4716 HARRIS RD
BAKERSFIELD CA 93313 $0.00 $190.00 $190.00 7
15 194-264-09-00-5 700 HOGAN WAY 26-0000864 BOGUE PATRICIA E 4725 IRVING ST APT 7
SAN FRANCISCO CA
94122 $0.00 $190.00 $190.00 6
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
16 025-121-01-00-6 1520 IVAN AVE 25-0007543 SANCHEZ DAVID PO BOX 42403
BAKERSFIELD CA 93384 $3,827.00 $2,233.00 $6,060.00 1
17 001-362-18-00-9 3224 JOSHUA CT 26-0000584
HARRIS ELIZABETH
ANN HUNT
3224 JOSHUA CT
BAKERSFIELD CA 93301 $3,000.00 $1,128.00 $4,128.00 3
18 015-370-10-00-5 924 KENTUCKY ST 26-0000963
MATTEUCCI
TERESA & EVANS
RITA
329 S REAL RD
BAKERSFIELD CA 93309 $374.00 $1,128.00 $1,502.00 2
19 139-080-20-00-3 1031 S KERN ST 26-0001098
GONZALES &
COMPANY LLC
5001 E
COMMERECENTER DR
STE 255
BAKERSFIELD CA 93309 $0.00 $190.00 $190.00 2
20 009-112-08-00-3 1005 L ST 25-0009833
IJC PROPERTIES
LLC
6630 LOWRY ST
BAKERSFIELD CA 93307 $0.00 $541.00 $541.00 2
21 412-232-05-00-9 1401 LANGSTON ST 26-0000344
CARRASCO EDDIE
R JR & CECILIA
1401 LANGSTON ST
BAKERSFIELD CA 93307 $0.00 $190.00 $190.00 1
22 013-140-02-00-1 817 LINCOLN ST 25-0008358
CASTRO ROBERT A
TRUST
1600 BEALE AV
BAKERSFIELD CA 93305 $800.00 $1,128.00 $1,928.00 2
23 172-092-40-00-1 3328 LOTUS LN 25-0003150
DIAS COLIN P
REVOCABLE TRUST
PO BOX 861211
LOS ANGELES CA 90086 $400.00 $1,933.00 $2,333.00 1
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
24 139-332-01-00-4 200 MARSH ST 25-0009271
EDMONDS
WILLIAM R
ET AL
3601 REDLANDS DR
BAKERSFIELD CA 93306 $0.00 $1,128.00 $1,128.00 2
25 014-040-14-00-4 514 NILES ST 26-0001111 SINGH CHARANJIT 12318 ASHLYN DR
BAKERSFIELD CA 93311 $294.00 $1,128.00 $1,422.00 2
26 538-461-06-00-9 6120 PARETO PL 26-0001334 SINGH KABAL 7808 MOSS CROSSING
AV
BAKERSFIELD CA 93313 $0.00 $190.00 $190.00 7
27 172-122-04-00-5 1025 E PLANZ RD 25-0006765 TILLMAN CHARLES 11711 KOUROS WY
RNCHO CORDOVA CA
95742 $0.00 $541.00 $541.00 1
28 383-022-16-00-9
2612 RENEGADE
AVE 26-0001165
RABELO WILFREDO
& JAQUELINE
BISPO
218 S H ST STE 100
BAKERSFIELD CA 93304 $3,999.99 $2,233.00 $6,232.99 3
29 120-210-02-00-2
3535 SAN DIMAS
ST UNIT 6 26-0000682
MPSN HOLDINGS
NO 1 LP
2234 E COLORADO BL
PASADENA CA 91107 $0.00 $1,128.00 $1,128.00 3
30 120-210-05-00-1
3535 SAN DIMAS
ST UNIT 8 26-0000683
MPSN HOLDINGS
NO 1 LP
2234 E COLORADO BL
PASADENA CA 91107 $0.00 $1,128.00 $1,128.00 3
31 516-121-07-00-3
8017 SNOWBIRD
ST 25-0000153
RUBIO JOSE G &
GRACIELA
8017 SNOWBIRD ST
BAKERSFIELD CA 93307 $0.00 $1,128.00 $1,128.00 7
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
32 009-480-54-00-0 700 T ST 25-0010125
WYATT FAMILY
TRUST
3734 W SLAUSON AVE
LOS ANGELES CA 90043 $0.00 $190.00 $190.00 2
33 185-070-08-00-3 1043 TAFT HWY 26-0000532 KAUR SUKHDEEP 11705 CACTUSFLOWER
AV
BAKERSFIELD CA 93311 $2,400.00 $1,128.00 $3,528.00 7
34 525-571-42-00-1
10807 TRENTADUE
DR 26-0000218 GONZALES EDLIN
10807 TRENTADUE DR
BAKERSFIELD CA 93312 $0.00 $190.00 $190.00 4
35 006-132-15-00-8 230 TRUXTUN AVE 25-0010212
ALTA VISTA
PARTNERS LLC
1914 ALTA VISTA DR
BAKERSFIELD CA 93305 $0.00 $1,128.00 $1,128.00 2
36 004-211-02-00-2
2925 TRUXTUN
AVE 26-0001055
GOMEZ ARTURO
ZUNIGA
2925 TRUXTUN AVE
BAKERSFIELD CA 93301 $0.00 $190.00 $190.00 2
37 531-012-04-00-0 UNKNOWN 25-0010173
JEREMY WILLER
CONSTRUCTION INC
5060 CALIFORNIA AVE
STE 1020
BAKERSFIELD CA 93309 $0.00 $1,128.00 $1,128.00 3
38 009-480-23-00-0 405 V ST 25-0009217
FRANCISCO
MANUEL JOCK
405 V ST BAKERSFIELD
CA 93304-2329 $2,600.00 $2,233.00 $4,833.00 2
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
39 139-131-06-00-4 924 WALLACE ST 25-0009517
NEWTON LESTER
W
31938 TEMECULA PW
STE A PMB 153
TEMECULA CA 92592 $0.00 $190.00 $190.00 2
40 545-231-12-00-1
9102 WHITMAN
AVE 26-0000451 ROAM BRAXTON
9102 WHITMAN AV
BAKERSFIELD CA 93311 $0.00 $190.00 $190.00 5
41 019-082-12-00-9 431 S WILLIAMS ST 25-0010090
LEMUS JUAN &
ELOISE
431 S WILLIAMS ST
BAKERSFIELD CA 93307 $324.00 $1,128.00 $1,452.00 2
42 023-500-20-00-0 3017 WILSON RD 26-0000644 PHUT LLC
P O BOX 491335
LOS ANGELES CA 90049 $0.00 $190.00 $190.00 1
43 441-382-03-00-9 4415 WILSON RD 26-0000168
RAZANCO GROUP
INC
12805 CRYSTAL COVE
AV
BAKERSFIELD CA 93311 $0.00 $1,128.00 $1,128.00 1
44 451-392-06-00-4 8420 WINLOCK ST 26-0000694
MIKAEILPOUR
NARSRIN
P O BOX 17461
ENCINO CA 91416 $0.00 $190.00 $190.00 4
45 008-284-03-00-5 2319 1ST ST 25-0000548
ZUNIGA JOSE
ENRIQUE RIVERA
2319 1ST ST
BAKERSFIELD CA 93304 $0.00 $1,128.00 $1,128.00 2
46 009-480-03-00-2 409 8TH ST 26-0004501
STARLITE MGMT IX
LP
4900 SANTA ANITA AV
# 2C
EL MONTE CA 91731 $479.99 $1,128.00 $1,607.99 2
APN Case Address
Case
Number
Primary Owner
Name
Primary Owner
Address
Total
Contractor
Fees
Total Admin
Fees Total Fees Wards
47 004-271-07-00-5 2100 17TH ST 25-0009873 OJSVS HOMES LLC 7120 HAYVENHURST
AV STE 112B
VAN NUYS CA 91406 $0.00 $541.00 $541.00 2
48 002-041-03-00-2 715 34TH ST 26-0000872 WINTER RICHARD 6503 ALMOND RD
BAKERSFIELD CA 93308 $394.00 $1,128.00 $1,522.00 3
49 002-280-02-00-2 1321 34TH ST 25-0008546
SCHWARZ
KENNETH
5203 SUNLIGHT CT
BAKERSFIELD CA 93313 $772.00 $2,233.00 $3,005.00 3
50 120-140-31-00-6 1218 36TH ST 26-0000179
ARREGUIN
MARISELA S &
ROSALES
RIGOBERTO A
2011 OAK AV # 3
SANTA BARBARA CA
93101 $0.00 $190.00 $190.00 3
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Brent Stratton, Chief of Police
DATE: July 6, 2026
SUBJECT: Agreement with Rosedale Union School District (not to exceed $166,000) to provide School Resource Officer services.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: In February 2018, the Bakersfield Police Department (BPD) and the Bakersfield City School District (BCSD), as recommended by the City Council’s Safe Neighborhoods Committee, implemented a pilot project to engage two full-time school resource officers (SROs) dedicated to BCSD schools. The goal of this partnership was to reduce chronic absenteeism, chronic truancy, violence, drug and alcohol use, gang involvement, bullying, and harassment while helping ensure BCSD schools remain safe learning environments that promote a positive school culture.
On August 14, 2024, BPD entered into Agreement No. 2024-213 with Rosedale Union School District (RUSD) to provide SRO program services.
Due to the success of the program, both parties wish to continue the SRO program for the 2026-27 school year. The district will pay at the following rate:
For the 2026-27 school year, the district will pay $8,132 per officer for each two-week pay period of service, with total compensation not to exceed $166,000.
FISCAL IMPACT: RUSD will be billed only for the weeks district schools are in session, in addition to one week immediately before the start of the school year and one week immediately following the end of the school year. RUSD may also be billed for the weeks summer school is in session if SROs are requested. Any additional services, including overtime, will be charged to RUSD at actual costs to the City in addition to the baseline figure quoted above if the additional services are mutually agreed upon in writing by both City and RUSD before the services are provided.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Signed Agreement
2. Exhibit A
Rosedale School District – SRO Officer Services 09/2025 Page 1 of 5 AGREEMENT NO. ___________
AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES
(CITY OF BAKERSFIELD POLICE DEPARTMENT & ROSEDALE UNION SCHOOL
DISTRICT)
THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES (“Agreement”) is made and entered into this day of _______________, by and between the CITY OF BAKERSFIELD, a municipal corporation, ("City") and the ROSEDALE UNION SCHOOL DISTRICT, the NORRIS SCHOOL DISTRICT, and the FRUITVALE SCHOOL DISTRICT (hereinafter collectively knowns as "District"), all public school districts and subdivisions of the State of California. Bakersfield Police Department (“BPD”) is within the City, and unless otherwise specified, BPD and City will be used interchangeably in this Agreement. City and District may be individually referred to as “Party” and collectively as “Parties.”
WITNESSETH:
(a) Whereas, research indicates that chronic absenteeism and chronic truancy are strong predictors of lack of school success, dropping out of school, gang involvement, substance abuse, and criminal activity.
(b) Whereas, the BPD and District desire to work together to reduce chronic absenteeism, chronic truancy, violence, drug and alcohol use, gang involvement, bullying, and harassment in the community to help in ensuring District schools are safe learning environments with positive school culture.
(c) Whereas, the BPD and District value community-based mentoring and the role law enforcement can play, as community mentors, in improving school attendance and student achievement and reducing school removals and discipline. (d) Whereas, the City, BPD and the District support the principles of “school community policing” as an approach to safe schools and foster community integration and safety with highly trained law enforcement officers working within the school community to collaboratively develop solutions to address the underlying conditions that affect school and community safety. (e) Whereas, the Rosedale Union School District, the Norris School District and the Fruitvale School District formed a consortium and have agreed to jointly enter into this Agreement.
It is understood by the consortium that the Rosedale Unified School District will be the primary District responsible for providing compensation to BPD for their services and for modifying any terms of this Agreement.
(e) Whereas, the BPD is willing and able to provide School Resource Officers (“SROs”) to District under the terms and conditions hereafter set forth.
NOW THEREFORE, District and City hereby agree as follows:
1. Purpose. The purpose of this Agreement is for the City to provide SROs to the District to assign to school sites for the primary purposes of addressing chronic absenteeism and truancy, and secondarily to support a positive school climate and safety for a target area within the District and City.
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2. Term. The term of this Agreement shall commence on August 1, 2026, and continue through July 31, 2027, and may be renewable for two additional one-year periods upon mutually agreeable terms by the Parties.
3. Services. The City will assign SROs on an “ON-CALL” basis, upon request by District and as available and at the discretion of BPD, to the Target Area, as further defined in Section 5 of this Agreement, for the Term of this Agreement. The SROs will be assigned to work with District and site administration, parents, students, the surrounding community, and other appropriate outside agencies as needed, to primarily address chronic absenteeism and truancy, as well as support a positive school climate and school safety (“Services”). City may assign in its sole discretion, additional “Community Relations Specialists” or SROs to the Target Area, if requested and available. All SROs shall remain available to respond to emergency calls for service for the BPD but will otherwise report to the school superintendent or designee when working as an assigned SRO on school-related business. The roles and responsibilities of the school resource officers are defined more specifically in Exhibit “A”, attached hereto and incorporated herein.
4. Performance of Services. The BPD and District agree to participate in meetings, as needed, to discuss strategies, timetables, implementation of Services, and any other issues deemed relevant to the performance of Services, including, but not limited to, District training on topics involving student Code of Conduct, student discipline options and procedures, and working and communicating effectively with special needs students and their families.
5. Target Area. The Target Area includes the schools and student residences within the District that are also within the jurisdiction of the Bakersfield Police Department.
6. Control of BPD's Personnel. The BPD will have sole authority for assignment, hours worked, control, and supervision for SR Os assigned to the Target Area. SROs are employees of the City and are not employees of the District and are therefore SROSs are not entitled to benefits of any kind or nature from the District. Likewise, all District personnel remain at all times employees of District and are not employees of City or BPD and are therefore not entitled to benefits of any kind or nature from the City. No part of this Agreement shall be deemed a restriction on the power of the BPD to keep the peace and to utilize sworn officers, or any other employees or equipment at such times and places and in such manner as the BPD, in the exercise of i t s judgment and discretion, may deem necessary for the carrying out the duties of i t s o f f i c e . Notwithstanding the foregoing, while an assigned SRO is working on District property, he or she must report to and collaborate with the Superintendent or designee. BPD personnel assigned as SROs must agree to participate in training provided by the District on student discipline, school removals and search and seizure in the school setting.
7. Compensation. District shall reimburse City for the costs of a School Resource Officer assigned under this Agreement at the following rate:
o School year 26/27: a rate of $8,132 per officer, per two (2) weeks of service.
Total compensation paid by District under this Agreement shall not exceed an annual amount of ONE HUNDRED SIXTY-SIX THOUSAND DOLLARS ($166,000). The SRO rate may be adjusted annually based on the current compensation rate of the officers. If rates increase the City will provide an updated cost and upon approval of both parties the compensation will be changed to reflect the new rates. District shall only be invoiced for the weeks when SRO Services are requested and SROs are assigned accordingly.
8. Selection and Substitute of Officers. The District shall be included in the selection of officers assigned to work as SROs in the Target Area. The BPD will provide the requested SROs Docusign Envelope ID: 86832C37-759A-885C-80D2-7CD79EFFC4B5 Rosedale School District – SRO Officer Services 09/2025 Page 3 of 5 as available. In the event that the requested SRO is unavailable, BPD will provide a substitute SRO, if and as available. District may request that an officer be reassigned out of District; provided, however, that BPD cannot guarantee that other SROs will be available to act as a replacement on a long term basis.
9. Billing and Payment. The City will bill the District for costs in accordance with paragraph 7, titled “Compensation”, on a quarterly basis which shall be payable by District to City within thirty (30) days of receipt.
10. Mutual Hold Harmless. City shall defend, indemnify and hold harmless District, its agents, officers and employees, for any liability for injury to or death of any person or damage to or loss of any property caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by City its school resource officers, agents or employees and District shall defend, indemnify and hold harmless City, its agents, officers and employees for any liability for injury or death of any person or Damage to or loss of any property caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by District, it officers, agents, or employees.
11. Insurance. City and District represent they are self-insured and will, throughout the term of this Agreement, maintain their insurance programs. City and District warrant that, always during the term of this Agreement, both shall have and maintain workers’ compensation insurance in compliance with the Labor Code of the State of California.
12. Assignment. Neither Party shall assign or transfer any right or duty in this Agreement.
13. Termination. Either Party may terminate this Agreement on thirty (30) days written notice to the other specifying the termination date. District shall pay City sums due hereunder through the date of termination.
14. Notices. All notices required or provided for in this Agreement shall be provided to the Parties at the following addresses, by personal delivery or deposit in the U.S. Mail, postage prepaid, registered, or certified mail, addressed as specified below. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five (5) days after deposit. A Party may change the address to which notice is to be given by giving notice as provided above.
To City: Bakersfield Police Department
1601 Truxtun Avenue
Bakersfield, CA 93301
To District: Rosedale Union School District
2553 Old Farm Road
Bakersfield CA, 93312
Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices required or permitted under this Agreement by personal service.
15. Sole Agreement. This document contains the entire agreement of the Parties relating to the Services, rights, obligations, and covenants contained herein and assumed by the Parties, respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect.
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16. Authority to Bind. It is understood that neither Party in the performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings.
17. Modifications of Agreement. This Agreement may be modified in writing only, signed by the Parties in interest at the time of the modification.
18. Nonwaiver. No covenant or condition of this Agreement can be waived except by the written consent of both Parties. Forbearance or indulgence by either Party in any regard whatsoever shall not constitute a waiver of the covenant or condition.
19. Choice of Law/Venue. The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the City of Bakersfield. Accordingly, the Parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.
20. Confidentiality. Neither Party shall, without the written consent of the other, communicate confidential information, designated in writing, or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this paragraph shall continue to survive.
21. Severability. Should any part, term, portion or provision of this Agreement be decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into in the first instance.
22. Compliance with Law. The Parties shall observe and comply with all applicable City, county, state and federal laws, ordinances, rules, and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.
23. Captions and Interpretation. Paragraph headings in this Agreement are used solely for convenience and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.
24. Time of Essence. Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision hereof, and each such provision is hereby made and declared to be a material, necessary and essential part of this Agreement.
25. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
26. Nondiscrimination. Neither Party, nor any officer, agent, employee, servant or subcontractor of either Party shall harass, intimidate, bully, or discriminate in the treatment or employment of any individual or groups of individuals based on actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identifications, age, Docusign Envelope ID: 86832C37-759A-885C-80D2-7CD79EFFC4B5 Rosedale School District – SRO Officer Services 09/2025 Page 5 of 5 religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information or any other characteristic identified in Education Code Section 200 or 220, California Penal Code Section 422.55, or Government Code Section 11135, either directly, indirectly or through contractual or other arrangements.
27. Signature Authority. Each Party has full power and authority to enter and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.
IN WITNESS WHEREOF, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement. "City" “District”
CITY OF BAKERSFIELD ROSEDALE UNION SCHOOL DISTRICT
By: ______________________________ By: ________________________________
KAREN GOH SUE LEMON
Mayor District Superintendent
APPROVED AS TO CONTENT:
BAKERSFIELD POLICE DEPARTMENT
By: _______________________________
BRENT STRATTON
Chief of Police
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _______________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: ____________
COUNTERSIGNED:
By: _______________________________
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A
Docusign Envelope ID: 86832C37-759A-885C-80D2-7CD79EFFC4B5
EXHIBIT A
School Resource Officer (SRO)
Job Duties
Goal: Have a visible and active resource role within the school community to better address the underlying community and socio-economic conditions that affect chronic absenteeism, truancy, school climate and safety.
Performance Responsibilities/Essential Functions
1. Provide school resource officer services to the school, school grounds and areas adjacent to the school during the normal school day and at co-curricular, extracurricular and nonacademic events as needed. Investigate allegations of criminal incidents pursuant to Bakersfield Police Department policies and procedures. Enforce state and local laws and ordinances. Make appropriate referrals to juvenile authorities or other governmental agencies.
2. The SRO will work together with District staff to improve student attendance and address chronic absenteeism and truancy by building relationships with school staff, students, their families, and the community surrounding the school. In an effort to prevent juvenile delinquency through close contact and positive relationships with students, families, faculty and staff, SRO will conduct truancy related home visits for students and families, as identified by the District, who reside within the Target Area, and report interactions and outcomes of home visits to identified District staff. Work with District staff using positive behavior supports and interventions targeted to increase attendance and school success.
3. Participate in School Attendance Review Board (SARB) hearings as requested by the District.
Issue citations for truancy and chronic absenteeism within the authority afforded under the law.
4. Be personable, approachable and available in order to mentor and build positive relationships with students and families. Mentor students to help them make appropriate choices and to understand and appreciate the opportunities that are available to them. Act as a role model for students and assist them in solving problems, resolving conflicts. Promote the profession of law enforcement officer and be a positive role model. Increase the visibility and accessibility of law enforcement to the school community. Provide weekly mentoring check-ins with up to ten (10) students per officer.
5. Work with school student support staff to assist students and to provide services to students involved in situations where referrals to service agencies are necessary. Assist in efforts related to crisis response, threat assessment, conflict resolution, parent involvement and engagement, and truancy.
6. Attend District trainings in order to obtain a fundamental understanding of the District’s Code of Conduct, requirements as to school removals and related student discipline procedures, including due process requirements and positive behavior supports and interventions.
Demonstrate and apply a general understanding of the characteristics of the different stages of adolescence, as well as the various methods in communicating effectively with students whose disabilities are not patently obvious but significantly impair those students’ ability to understand verbal and non-verbal communication, particularly in stressful situations.
EXHIBIT A
7. Establish and maintain a close partnership with school administrators, faculty and staff in order to provide for a safe school environment, including school removals, their impact, student discipline parameters and procedures, community issues such as understanding gang related activities and promoting drug and alcohol awareness. Assist school officials with their efforts to enforce Board policies and procedures. Ensure school administrator safety by being present during school searches, which may involve weapons, controlled dangerous substances or in such cases that, the student's emotional state may present a risk to the administrator. Upon request, assist school administrators in emergency crisis planning and building security matters. Upon request, provide a course of training for school personnel in handling crisis situations, which may arise at the school.
8. Perform duties as determined by the Superintendent or designee (other than those regularly assigned) to support the District in maintaining safe school environment, including assisting in individual school emergencies such as accidents or injury, choking or anaphylactic shock.
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: June 25, 2026
SUBJECT: Agreement with the Trustees of the University of Pennsylvania (not to exceed $300,000) to provide Cohort 5 grant program evaluation services.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On February 12, 2026, the Board of State and Community Corrections (BSCC) approved the City of Bakersfield's California Violence Intervention and Prevention (CalVIP) Cohort 5 grant award in the amount of $4,899,000. The grant supports the continued implementation of the City's Gun Violence Reduction Strategy (GVRS) through the Office of Violence Intervention and Prevention (OVIP) and provides funding for evidence-informed violence intervention services, intensive case management, outreach, participant support services, and program evaluation.
As a condition of the CalVIP grant, the City is required to complete an independent evaluation of program implementation and outcomes, including development of a Local Evaluation Plan (LEP), ongoing evaluation activities throughout the grant period, and submission of a final evaluation report to the BSCC.
The proposed agreement with The Trustees of the University of Pennsylvania, through its Crime and Justice Policy Lab, provides for independent evaluation services in an amount not to exceed $300,000 over the grant term. The Crime and Justice Policy Lab is a nationally recognized research center specializing in evidence-based criminal justice and violence intervention strategies and was identified in the City's approved CalVIP Cohort 5 grant application to serve as the independent evaluator.
Under the agreement, the Crime and Justice Policy Lab will partner with OVIP, the Bakersfield Police Department, and community-based organizations to conduct a comprehensive mixed-methods evaluation of the City's GVRS. The evaluation will include development and implementation of the Local Evaluation Plan, qualitative interviews and focus groups with key stakeholders and program participants, assessment of implementation fidelity, documentation of multi-agency coordination, integration of qualitative findings with the City's ongoing quantitative evaluation, and preparation of interim reports and the final evaluation report required by the BSCC.
The evaluation is designed to assess both program implementation and outcomes, while identifying lessons learned and opportunities to strengthen the City's violence intervention strategy over the life of the grant. Findings will be used to support continuous program improvement, demonstrate compliance with BSCC grant requirements, and inform future violence prevention efforts.
FISCAL IMPACT:
Funding for this agreement is provided through the California Violence Intervention and Prevention (CalVIP) Cohort 5 Grant awarded by the Board of State and Community Corrections (BSCC). There is no impact on the City’s General Fund. All expenditures are reimbursed in accordance with grant requirements and subject to funding availability.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
Agreement
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Trustees of the University of Pennsylvania
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, a non-profit corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
CITY and CONTRACTOR are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, CITY administers the California Violence Intervention and Prevention (CalVIP) Grant through its Office of Violence Intervention and Prevention (OVIP), which oversees a Gun Violence Reduction Strategy (GVRS) focused on identifying and engaging individuals at the highest risk of involvement in gun violence; and
WHEREAS, on April 1, 2026, the Board of State and Community Corrections (BSCC) awarded CITY funding under the CalVIP Cohort 5 Grant to support expanded violence intervention efforts; and
WHEREAS, as part of CITY’s approved CalVIP Cohort 5 grant proposal and BSCC grant requirements, CITY is required to complete evaluation activities, including development and implementation of a Local Evaluation Plan (LEP) and submission of a final evaluation report; and
WHEREAS, as part of CITY’s approved CalVIP Cohort 5 grant budget, funding in an amount not to exceed Three Hundred Thousand Dollars ($300,000), subject to the availability of grant funding, was allocated to CONTRACTOR for evaluation services during the grant term; and
WHEREAS, CONTRACTOR represents that it is experienced, well qualified, and specializes in violence intervention research, program evaluation, qualitative and quantitative analysis, and implementation assessment related to community violence intervention strategies; and
WHEREAS, CONTRACTOR shall provide evaluation services in support of CITY’s CalVIP Cohort 5 GVRS efforts, including implementation of the LEP; and Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Trustees of the University of Pennsylvania
WHEREAS, all services provided under this Agreement shall be performed in accordance with applicable BSCC requirements and aligned with CITY’s GVRS and OVIP program protocols.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the services described in Exhibit “A,” (“Scope of Work”) attached hereto and incorporated by reference herein. 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.
CONTRACTOR shall also comply with applicable BSCC requirements and CITY policies related to the CalVIP Cohort 5 Grant Program. The Scope of Work shall include all items and procedures necessary to properly complete the evaluation services CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
Scope of Work represents the primary evaluation framework, methodology, activities, and timeline proposed by CONTRACTOR. The Parties acknowledge that minor modifications or refinements to the Local Evaluation Plan (LEP) may be necessary to ensure compliance with BSCC requirements, operational considerations, data availability, Institutional Review Board (IRB) requirements, or evolving program needs during the grant term.
CONTRACTOR shall:
• Conduct evaluation activities consistent with the LEP; • Coordinate with CITY, OVIP, community-based organizations, and relevant partners regarding evaluation implementation, data collection, interviews, focus groups, and reporting activities; • Participate in meetings reasonably requested by CITY or OVIP related to evaluation planning, implementation, and coordination; • Prepare interim updates, summaries, presentations, or other evaluation-related deliverables reasonably requested by CITY or necessary to support BSCC compliance;
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• Prepare and submit all evaluation-related deliverables, reports, updates, and required documentation in accordance with
applicable BSCC CalVIP requirements, formats, templates, and submission timelines, in coordination with CITY and consistent with applicable BSCC requirements;
• Ensure all required deliverables, including the LEP, interim updates, and final evaluation report, are completed and submitted in sufficient time to allow CITY review and submission in advance of all applicable BSCC deadlines;
• Revise or supplement deliverables, as reasonably requested by CITY, to address BSCC feedback, compliance requirements, formatting requirements, or reporting deficiencies;
• Coordinate with CITY and OVIP regarding all evaluation deliverable schedules and reporting requirements to ensure timely compliance with grant obligations;
• Prepare and submit a final evaluation report consistent with BSCC CalVIP Cohort 5 requirements and timelines;
• Maintain confidentiality of sensitive information and comply with applicable laws, regulations, and research standards associated with evaluation activities;
• Obtain and maintain any required IRB approvals associated with evaluation activities, if applicable; and
• Participate in grant monitoring, evaluation coordination, and closeout activities as reasonably requested by CITY or BSCC.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
(1) On a reimbursement basis for eligible, allowable, and properly documented costs incurred in accordance with the Scope of Work, CITY’s approved CalVIP Cohort 5 Grant
Proposal, and applicable BSCC requirements.
Invoices shall include supporting documentation sufficient to substantiate reimbursement requests, including but not limited to timesheets or equivalent documentation reflecting time worked, and any additional supporting documentation reasonably requested by CITY for grant compliance purposes.
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CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.
CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate/reimburse CONTRACTOR more than THREE HUNDRED THOUSAND DOLLARS ($300,000) for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 20, 2029.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Trustees of the University of Pennsylvania
this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
11. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
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17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
18. MUTUAL HOLD HARMLESS. Neither party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely from any act or omission of the other party's officers, agents, employees, or volunteers. The Parties agree to hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers, employees, or volunteers) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. The party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party.
19. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
20. INSURANCE.
20.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
20.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
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20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
20.1.2.2 Provide products and completed operations
coverage;
20.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
20.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
20.2 General Provisions Applying to All Insurance Types.
20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Trustees of the University of Pennsylvania
not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
20.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
20.2.5 Full compensation for all premiums which CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.
20.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Trustees of the University of Pennsylvania
20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
22. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.
23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 Trustees of the University of Pennsylvania
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: Associate Director (PD#10106878)
THE TRUSTEES OF THE UNIVERSITY
PENNSYLVANIA
3451 Walnut Street, Floor 5
Philadelphia, PA 19104-6205
Email: [email protected]
28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
29. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
31. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
32. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 23-1352685
CONTRACTOR is a corporation? Yes X No
(Please check one.)
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 11 Trustees of the University of Pennsylvania
33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD THE TRUSTEES OF THE
UNIVERSITY OF PENNSYLVANIA
By:________________________________ By:_________________________________
KAREN GOH QUINN CASEY
Mayor Associate Director
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By:_______________________________
CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: ___________________________________ Finance Director: ___________________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Bakersfield GVRS Qualitative Evaluation Plan
Project Summary
In 2022, the City of Bakersfield launched a comprehensive Gun Violence Reduction Strategy (GVRS) in response to sharp increases in shootings from 2020 to 2021. Implemented with support from California Violence Intervention and Prevention (CalVIP) funding, the strategy brings together city leadership, law enforcement, and community-based organizations (CBOs) to identify individuals at the highest risk for involvement in gun violence and provide coordinated intervention services.
The GVRS approach combines elements of focused deterrence and community violence intervention. Individuals at highest risk of violence are identified through ongoing collaboration and weekly shooting reviews between the Bakersfield Police Department (BPD), the Office of Violence Intervention and Prevention (OVIP), and community partners. Highest risk individuals are then contacted by credible messengers. Those who enroll in programming receive intensive case management, mentoring, life coaching, and access to services like employment support, housing assistance, and resources to meet basic needs.
Individuals who decline services and continue engaging in violence are subject to targeted law enforcement responses.
An initial impact assessment conducted in 2025 suggested that the strategy has had promising impacts. From 2021 to 2024, Bakersfield experienced substantial reductions in fatal and nonfatal shootings. Preliminary analyses indicated that the city’s coordinated strategy was associated with gun violence reductions and initial data suggests that the OVIP and its CBO partners successfully engaged individuals who closely resemble the population most frequently involved in gun violence incidents.
Currently, the City of Bakerfield is funding and supporting an ongoing quantitative impact evaluation of the GVRS initiative and its engagement of very high-risk individuals (VHRs), led by researchers at the Crime and Justice Policy Lab at the University of Pennsylvania (see Appendix A for quantitative evaluation activities). In tandem, Cohort 5 CalVIP funding will support a complementary process and qualitative evaluation component. This work will document how Bakersfield’s GVRS strategy has been implemented, experienced, and adapted over Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 EXHIBIT A time, with a focus on engagement with very high-risk individuals, coordination across partners, and perceived impacts on violence dynamics. Specifically, the qualitative evaluation will address four core research questions:
1. How is the GVRS program implemented in practice across OVIP, communitybased organizations, and law enforcement partners?
2. How do participants and practitioners experience the intervention, particularly in terms of effectiveness, trust, engagement, service delivery, and barriers to participation?
3. What mechanisms appear to drive observed changes in behavior and violence involvement, and how do these evolve over time?
4. How do community members perceive broader community-level impacts of the GVRS program?
Project Goals & Objectives
The primary goal of the qualitative evaluation component is to assess whether the GVRS strategy is implemented effectively and contributes to individuallevel and/or citywide reductions in violence.
This evaluation will assess the following objectives:
1. Document how core program components are implemented across City, OVIP, community-based organizations, and BPD partners.
2. Assess participant experiences with outreach and engagement, life coaching, and support services and explore barriers to engagement.
3. Identify strategies to improve trust, engagement, and retention among VHRs.
4. Understand how coordination across partners affects service delivery and outcomes.
5. Identify mechanisms for how program components and activities may lead to changes in behavior and violence involvement.
Project Components, Activities, and Evidence-Based Practices This qualitative evaluation, in combination with the ongoing city-funded quantitative evaluation, will assess the implementation and impacts of Bakersfield’s GVRS model, which includes several evidence-based components:
▪ Identification of very highest risk individuals (VHRs) using weekly shooting reviews and multi-year problem analyses.
▪ Focused deterrence-based partnership strategy
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 ▪ Community-based violence intervention services (e.g., street outreach, life coaching, case management)
▪ Trauma-informed and cognitive behavioral therapy-informed interventions ▪ Wraparound supports centering on housing and employment ▪ Ongoing coordination and strategy management
Process Evaluation
The qualitative evaluation will include the primary process evaluation component for the GVRS program. It will assess implementation, service delivery, and program activity using:
▪ Semi-structured interviews with City stakeholders, BPD leadership and frontline personnel, OVIP staff, and GVRS clients
▪ Focus groups with community members from violence-impacted neighborhoods and family members of GVRS clients
▪ Review and observation of key program activities like coordination meetings, shooting reviews and monthly performance review meetings ▪ Review and analysis of program documentation including theories of change, staffing, management meetings, key performance indicators, standard operating procedures and OVIP GVRS-related policies.
This information will be synthesized into a systematic overview of the GVRS strategy, theory of change, process of development and implementation and highlight key insights from a variety of stakeholder perspectives.
Outcome Evaluation and Outcome Variables
The quantitative evaluation component funded by the City of Bakersfield will assess individual-level and citywide impacts using administrative data, case management data, and quasi-experimental methods. Primary outcome variables of the quantitative evaluation include:
▪ Violent victimization and offending
▪ Recidivism
▪ Program engagement and dosage
▪ Prosocial outcomes like employment, education, and housing stability ▪ Citywide trends in homicides and nonfatal shootings
This complementary qualitative evaluation – funded by the CalVIP Cohort 5 award - will examine partner perspectives on strategy implementation, program fidelity, Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 multi-agency coordination, and GVRS effects. It will also explore client experiences with the GVRS program, including quality of engagement, impact of services, barriers to participation, and positive life changes. Finally, focus groups with community members will provide insight into broader community-level impacts of the GVRS strategy, including perceptions of safety.
Evaluation Design
The full GVRS evaluation uses a mixed methods, quasi-experimental design.
The city-funded quantitative component will assess program impacts using citywide violence data, individual data, and matched comparison groups.
The qualitative evaluation will use purposive sampling to conduct 20-30 structured interviews and 2-4 focus groups, with flexibility to adjust based on participant availability and emerging findings. The selection of interview participants will aim to capture variation across roles and experiences. Staff interviews will include both leadership and frontline personnel. Interview subjects will include:
a. Executives/Authorizers – City manager, City mayor, Bakersfield Police administrators, Community Based Organization (CBO) directors. b. Managers/Implementers/Practitioners – including BPD immediate supervisors over GVRS, BPD SEU officers, Office of Violence Intervention and Prevention (OVIP) team and intervention workers, contracted CBO partners.
c. OVIP clients engaged through GVRS process.
For interviews with GVRS clients specifically, the research team will seek to conduct interviews at two time points (early engagement and mid-point/exit) to capture changes over time; and will seek to assess their experiences and perspectives as outlined below.
In addition to interviews, we will also conduct focus groups with community members. We will rely on CBO partners to assist in prioritizing the recruitment of:
a. Residents in areas of high crime concentration
b. Family members of OVIP clients
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Topics for interviews will include: experiences building trust with partners and participants; perceptions of deterrence messaging and enforcement; barriers to service uptake (e.g., housing instability, distrust, competing priorities); perceived usefulness of specific services (life coaching, CBT, financial incentives); and changes in behavior, decision-making, and exposure to violence. Interviews with community intervention workers and life coaches will more closely examine frontline challenges, engagement strategies, and adaptations.
Interviews with City stakeholders, OVIP staff, and law enforcement partners will also focus on coordination across agencies, the GVRS management process, decision-making for interventions, and challenges to implementation and sustainability. Focus groups with community members will explore perceptions of safety, awareness of the GVRS program, and perceived changes in neighborhood conditions and violence over time.
Finally, the research team will document key program activities like shooting reviews, coordination meetings, case reviews and performance reviews to better assess how the GVRS management process operates in practice.
All quantitative and qualitative evaluation activities will be reviewed and approved by the University of Pennsylvania’s Institutional Review Board (IRB) prior to implementation. Participation in interviews and focus groups specifically will be voluntary, and all participants will provide informed consent. To protect confidentiality, identifying information will be removed from transcripts and replaced with unique study IDs. All data will be stored on secure, passwordprotected systems accessible only to the research team. Findings will be reported in aggregate, and no individual participant will be identified in any reports or publications.
Analytic Approach
All interviews and focus groups will be recorded (when consent is received), transcribed, and coded using a structured coding framework. Analysis will follow a hybrid deductive–inductive approach, combining pre-defined themes with emergent themes identified during review.
The analysis will focus on identifying common patterns and notable variation across participants and stakeholders. We will pay special attention to insights like barriers to engagement, strategies that sustain participation, coordination across partners, and the ways that GVRS activities are believed to impact to reductions in violence.
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Integration and Reporting
Qualitative findings will be integrated with city-funded quantitative analyses to strengthen interpretation of results. For example, qualitative data will help explain patterns in service dosage and outcomes like why some participants disengage and how specific services influence behavior. This mixed-methods approach will support a more complete understanding of program impact.
Findings from this project will be incorporated into the final CalVIP evaluation report. Interim insights will be shared with the City, OVIP, and partners.
The qualitative component specifically will document implementation lessons to inform continued program activities and sustainability.
Evaluation Timeline
Year 1 (April 2026 – March 2027)
Activity Q2 Q3 Q4 Q1
Gather and review documentation on GVRS
development, implementation, theory of change,
policies and procedures.
X X
Review OVIP data collection X X
Finalize qualitative methods evaluation plan, including interview and focus group samples, data collection
instruments and analysis plan.
X
Collect OVIP 2026 client and service data X
Year 2 (April 2027 – March 2028)
Activity Q2 Q3 Q4 Q1
Interviews - city and agency leadership X X
Interviews with program staff and participants X X
Focus groups with community members X X
Collect OVIP 2027 client and service data X
Share interim report with city leads X
Year 3 (April 2028 – March 2029)
Activity Q2 Q3 Q4 Q1
Review and update documentation on GVRS
development, implementation, theory of change,
policies and procedures.
X X
Interviews city and agency leadership X X
Interviews with program staff and participants X X
Focus groups with community members X X
Collect OVIP 2028 client and service data X
Share interim report with city leads X
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Final Reporting Period (April - September 2029)
Activity Q2 Q3 Q4 Q1
Collect Q1 of 2029 BPD homicide/shooting data X
Collect Q1 of 2029 OVIP client and service data X
Update overall process and impact evaluation findings – synthesize quantitative and qualitative findings through full reporting period.
X
Draft final evaluation report X X
Submit final evaluation report X
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Appendix A.
City-Funded Quantitative Evaluation Timeline
Year 1 (April 2026 – March 2027)
Activity Q2 Q3 Q4 Q1
Review OVIP data collection X
Review and request necessary BPD homicide/shooting
data
X
Compile and clean 2021-2025 homicide and shooting
data
X
Complete qualitative methods evaluation plan X
Collect 2026 BPD homicide/shooting data X
Collect OVIP 2026 data X
Draft interim evaluation report X
Year 2 (April 2027 – March 2028)
Activity Q2 Q3 Q4 Q1
Interviews with program staff and participants X X
Collect criminal history data for referrals/enrollees
2024-2026
X X
Collect victimization data for referrals/enrollees 2024- 2026
X X
Create matched comparison groups for direct
communication analysis
X
Create matched comparison groups for life coaching
analysis
X
Collect 2027 BPD homicide/shooting data X
Collect OVIP 2027 data X
Conduct synthetic DID analysis of homicide/shooting
incidents
X
Draft final evaluation report X
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Certificate Of Completion
Envelope Id: CF678C84-3F92-86B1-8237-C8AB7641EAD8 Status: Completed Subject: Complete with Docusign: UPENN Agreement (PD#10106878).pdf, UPENN Insurance(2).pdf Source Envelope:
Document Pages: 20 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
7/9/2026 8:59:59 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Quinn Casey
[email protected]
Associate Director
Trustees of the University of Pennsylvania
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Christian Clegg
[email protected]
City Manager
City of Bakersfield
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Jena Covey
[email protected]
RISK MANAGER
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0456 00 0113 (XWC)
ENDORSEMENT
BLANKET WAIVER OF SUBROGATION
Effective 12:01 A.M., Local Time, July 01, 2024
In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that the Recovery From Others section of this Agreement is amended to include the following additional language:
The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION.
All other terms, conditions, agreements and stipulations remain unchanged.
Attached to and forming a part of Excess Workers’ Compensation and Employers’ Liability Insurance Agreement No. SP 4067547, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, ET AL, dated July 01, 2024. Endorsement No. 0456 00 0113 (XWC)
SAFETY NATIONAL CASUALTY CORPORATION
President
Secretary
Docusign Envelope ID: CF678C84-3F92-86B1-8237-C8AB7641EAD8
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 22, 2026
SUBJECT: Lease Agreement with Kern Behavioral Health and Recovery Services for Office Space at Brundage Lane Navigation Center
to provide onsite mental health services (Ward 2)
RECOMMENDATION:
Staff recommends approval of the lease agreement.
BACKGROUND:
On September 23, 2020, City Council approved Agreement No. 2020-172 between City of Bakersfield and the County of Kern (County) for lease of office space, at no cost to the County, at the Brundage Lane Navigation Center (BLNC), located at 1900 E. Brundage Ln, Bakersfield, CA 93305. The agreement provided for a cost-free lease of office space to provide BLNC guests with onsite mental health services.
The agreement terminated September 8, 2025.
On November 5, 2025, the City entered into Agreement No. 2025-200 to establish a new lease with the County to continue services at the BLNC through June 30, 2026. In addition to this lease agreement, the County executed an MOU with the BLNC operator, Mercy House, to determine services provided and areas available to County staff.
The City now desires to enter into another agreement with the County to extend the BLNC services. If approved, the agreement will terminate on July 31, 2027.
FISCAL IMPACT:
This is a no-cost office lease to provide services, which has no impact on the General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENT:
Lease Agreement
Lease Agreement -Kern County (Behavioral Health & Recovery Services)
LEASE AGREEMENT NO. ________________
This LEASE AGREEMENT is entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and the COUNTY OF KERN, a political subdivision of the State of California (referred to herein as “COUNTY”).
R E C I T A L S
WHEREAS, Kern Behavioral Health and Recovery Services (referred to herein as “BHRS”) is a department of COUNTY that provides a combination of treatment and support services to a person with substance abuse issues and mental illness; and
WHEREAS, on September 23, 2020, CITY and COUNTY entered into Lease Agreement No. 2020-172 to allow BHRS to lease a portion of CITY property located at 1900 East Brundage Lane (herein “Property”), where CITY operates an emergency shelter for homeless residents; and
WHEREAS, Agreement No. 2020-172 expired on September 8, 2025; and WHEREAS, CITY has entered into a separate agreement with Mercy House, a professional shelter operator (herein “Operator”); and WHEREAS, the parties now desire to enter into a new Lease Agreement to continue the services being provided at the aforementioned Property until July 31, 2027.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and COUNTY mutually agree as follows:
1. DESCRIPTION OF PREMISES. CITY hereby leases to COUNTY, and COUNTY hereby leases from CITY the exclusive right to use two (2) office spaces located within the Property whose location is more specifically defined on the map attached hereto as Exhibit “A” (“Premises”); and
1.1 Said Premises shall include the right to park up to two (2) vehicles in the adjoining parking lot in the spaces designated by CITY.
1.2 Said Property shall be operated and maintained by Operator. BHRS shall work with the Operator to address routine janitorial, maintenance, and building operation issues.
1.3 Said Premises includes nonexclusive right to use the conference rooms and congregation rooms including the cafeteria, which may be used and accessed by BHRS and must be reserved in
consultation with the Operator.
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1.4 Said Premises includes the right to utilize the staff lounge, patio, and employee parking area in consultation with Operator.
2. TERM/EFFECTIVE DATE. Unless terminated sooner, as set forth herein, this Lease Agreement shall terminate on July 31, 2027.
3. TERMINATION. This Lease Agreement may be terminated by any party upon sixty (60) days written notice, served by mail or personal service, to all other parties.
4. HOLD OVER. If COUNTY holds over after the expiration of the Term, with the express or implied consent of CITY, such holding over shall be a tenancy only from month to month and shall be governed by the terms, covenants, and conditions contained in this Lease Agreement.
5. RENT. In consideration for providing services to the emergency shelter clients, CITY will waive rent for the primary term of this Lease Agreement.
6. TAXES AND ASSESSMENTS. COUNTY agrees to pay all taxes, fees, or other levies placed or charged to the Premises, including but not limited to, Possessory Interest Taxes during COUNTY’s tenancy.
7. PERMITTED USES. COUNTY agrees the Premises shall be used for the purpose of providing professional services in support of the emergency homeless shelter’s clients, in accordance with COUNTY’s agreement with the Operator. COUNTY shall not engage in other uses of the Premises without express written permission from CITY.
8. NO USE THAT INCREASES INSURANCE RISK. Except as permitted in this Lease Agreement, COUNTY shall not use the Premises in any manner that affects the insurability of the Premises, or to cause cancellation of insurance policy. COUNTY further agrees not to keep on the Premises any material listed as hazardous, or permit to be kept, used, or sold thereon, anything prohibited by any policy of fire insurance covering the Premises. COUNTY shall comply with all requirements of insurers necessary to keep in force any fire and liability insurance covering the Premises/Temporary Premises and Property.
9. ABATEMENT OF NUISANCE. COUNTY shall not do or permit any act or thing which constitutes a nuisance or which may disturb the quiet enjoyment of CITY or any tenant of CITY within the Property or on adjacent or neighboring property. BHRS further agrees, within seventy-two (72) hours of receiving written notice from CITY that a nuisance exists, to abate the nuisance.
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
10. HAZARDOUS MATERIALS. COUNTY shall not keep on the Premises any material, including petroleum products, that is in any way hazardous except that which is contemplated for the purposes of this Lease Agreement. All such materials shall be stored, handled, and dispensed as required by applicable government regulations and laws. Any spills of such materials shall be promptly cleaned up by COUNTY, at its expense, in accordance with industry standards and all applicable government regulations and laws. COUNTY shall have a continuous duty during the term of this Lease Agreement to keep a record of all such materials on file with the Bakersfield Fire Department along with current copies of applicable government documents relating to storage, use and handling of such materials.
11. CONDITION OF PREMISES. COUNTY has inspected the Premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent or patent.
12. UTILITY MODIFICATION. COUNTY agrees to pay any and all expenses that may be incurred in modifying the existing utilities for BHRS’ benefit, subject to prior review and approval by CITY prior to physical modifications of the Premises. The term “utilities” shall include, but is not limited to, gas, electricity, telephone, water and trash/refuse services, and internet.
13. UTILITY AND SERVICE OPERATION. CITY and/or the Operator, as determined by CITY, shall be responsible for the ongoing reasonable operating cost of gas, electricity, water, trash/refuse, and fire sprinkler system maintenance.
COUNTY shall be responsible for the ongoing operational costs of telephone, internet, data, and any additional utilities or services obtained and/or used by COUNTY.
14. RIGHT OF INSPECTION. COUNTY agrees to permit CITY to enter and inspect the Premises after providing COUNTY with twenty-four (24) hours’ notice of intent to do so or at any time in the event of an emergency or urgent health or safety situations.
15. SECURITY. COUNTY is responsible for the security of its property on the Premises, and CITY does not guarantee the security of COUNTY’s property at the Premises.
16. COMPLIANCE WITH LAW. COUNTY agrees to comply with all federal, state, county and local laws and ordinances now in force or hereafter promulgated by any legally constituted authority.
17. SIGNS. COUNTY agrees not to place any signs, displays, advertisements, or decorations on the Premises without permission from CITY.
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
18. ASSIGNMENT/SUBLETTING. Neither this Lease Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Lease 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.
19. INSURANCE. COUNTY self-insures as a matter of normal business practice and will continue to self-insure for the duration of this Lease Agreement in at least the minimum amounts necessary to meet reasonable risks.
COUNTY, upon request of CITY, shall forward documentation to CITY that demonstrates to CITY’s satisfaction that COUNTY self-insures as a matter of normal business practice. CITY will accept reasonable proof of selfinsurance comparable to the above requirements. In addition to any other insurance or bond required under this Agreement, BHRS shall procure and maintain for the duration of this Agreement the following types and limits of insurance (“basic insurance requirements” herein):
19.1 Automobile liability insurance, 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 One Million Dollars ($1,000,000) per occurrence; and the policy shall provide coverage for owned, non-owned and hired autos.
19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
19.2.1 Provide contractual liability coverage for the terms of this Lease Agreement.
19.2.2 Provide unlimited products and completed operations coverage.
19.2.3 Contain an additional insured endorsement in favor of CITY, its mayor, councils, officers, agents, employees, and
volunteers.
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
19.2.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by CITY, BHRS may utilize a Self-Insured Retention that the policy shall 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.
19.3 Workers’ compensation insurance, with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers.
19.4 Professional Liability (Errors and Omissions) Insurance appropriate to BHRS employees, with limits of no less than Two Million Dollars ($2,000,000) per occurrence or claim, $2,000,000 aggregate.
19.5 Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers.
19.6 Except for professional liability, all policies required of BHRS shall be primary insurance as to CITY, its mayor, council, officers, agents, employees and designated volunteers and any insurance or selfinsurance maintained by CITY shall be excess of BHRS’s insurance and shall not contribute with it.
For claims made policies if any of the required policies provide coverage on a claims-made basis: The retroactive date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, BHRS must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
19.7 Except for workers’ compensation, insurance is to 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-insurance retentions or insurance in lesser amounts, or lack of certain types of Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
insurance otherwise required by this Lease Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Lease Agreement and approved by CITY in writing.
19.8 Unless otherwise approved by CITY’s Risk Manager, all policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
19.9 BHRS shall furnish CITY’s Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required.
CITY may withdraw its offer of contract or cancel his contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Lease Agreement.
19.10 Full compensation for all premiums which BHRS is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under this Lease Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
19.11 It is further understood and agreed by BHRS that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by BHRS in connection with this Lease Agreement.
19.12 Unless otherwise approved by CITY, if any part of the work under this Lease Agreement is subcontracted, the “basic insurance
requirements” set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for BHRS.
20. INDEMNIFICATION. Each party agrees to defend, hold harmless and indemnify the other Party (and the other party’s officers, employees, trustees, agents, successors, assigns, and invitees, collectively referred to as the “Indemnified Parties”) against all claims, suits, expenses (including staff time, reasonable attorneys’ fees, and fees of in-house Counsel), losses, penalties, fines, costs, and liability of any kind or nature whatsoever whether in contract, tort, or strict liability (including, but not limited to, personal injury, death at any time, and property damage) arising out of or made necessary by i) the indemnifying party’s breach of the terms of this Lease Agreement; ii) the negligent or willful acts or omissions of the indemnifying party and its Indemnified Parties in connection with performance of this Lease Agreement; and iii) the presence of the Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
indemnifying party and its Indemnified parties on the other party’s premises. In the event that any action or proceeding is brought against a party by reason of any claim or demand discussed in this Section 20, upon reasonable notice from the other party, the indemnifying party shall defend the action or proceeding at the other party’s expense through counsel reasonably satisfactory to the other party. The obligations to indemnify set forth in this Section 20 shall include reasonable attorneys’ fees, investigation costs, and all other reasonable costs, expenses, and liabilities from the first notice that any claim or demand is to be made. The indemnifying party’s obligations under this Section 20 shall apply regardless of whether the other party of its Indemnified Parties are actively or passively negligent, but shall not apply to any loss, liability, fine, penalty, forfeiture, cost or damage determined by an arbitrator or court of competent jurisdiction to be caused solely by the negligence or willful misconduct of the other party and its Indemnified Parties.
21. DEFAULT OR BREACH. Any default by COUNTY which shall continue, uncured, following thirty (30) days’ notice of default shall be deemed a breach of this Lease Agreement.
22. PRE-JUDGMENT INTEREST. In the event of a default by any party to this Lease Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach.
23. WAIVER OF BREACH. The failure of any party to enforce against another a provision of this Lease 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 Lease Agreement.
24. GOVERNING LAW. The laws of the State of California will govern the validity of this Lease Agreement, its interpretation and performance. Any litigation arising in any way from this Lease Agreement shall be brought in Kern County, California.
25. TIME. Time is of the essence in this Lease Agreement.
26. NOTICES. All notices relative to this Lease Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows:
CITY: CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
COUNTY: COUNTY OF KERN
BEHAVIORAL HEALTH & RECOVERY SERVICES
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
2001 28th Street
Bakersfield, California 93301
COUNTY OF KERN
PROPERTY MANAGEMENT
1115 Truxtun Avenue, 3rd Floor
Bakersfield, California 93301
27. BINDING EFFECT. The rights and obligations of this Lease Agreement shall inure to the benefit of, and be binding upon, the parties to the Lease Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
28. OTHER RIGHTS RESERVED TO CITY. CITY reserves all rights in and with respect to the Premises not inconsistent with COUNTY’s use of the Premises as in this Lease Agreement provided, including, without limiting the generality of the foregoing, the right of CITY to enter upon the Premises for the purposes of posting notices of non-responsibility and keeping the same posted thereon.
29. SUBJECT TO EXISTING RIGHTS OF OTHERS. This Lease Agreement is subject to all existing easements, servitudes, licenses, and rights-of-way for roads, highways, telephone, telegraph and electric power lines, pipelines and other purposes, whether recorded or not.
30. LIENS AND ENCUMBRANCES. COUNTY shall keep the Premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by BHRS, or from any other cause.
30.1 COUNTY shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanics, materialmen’s, contractor’s, or subcontractor’s liens arising from any claim growing out of the work of any construction, repair, restoration, replacement, improvement, maintenance, removal or any other claim or demand whatsoever that may arise, and COUNTY shall pay or cause to be paid all such liens, claims, or demands before any action is brought to enforce the same against the Premises; and COUNTY agrees to indemnify and hold CITY and Premises free and harmless from all liability for any and all such liens, claims, and demands together with reasonable attorney’s fees and all costs and expenses in connection with any action.
30.2 If COUNTY fails to discharge such liens or furnish a bond against the foreclosure of such lien, COUNTY may, but is not obligated to, discharge the same or take such other action as COUNTY deems necessary to prevent a judgment or foreclosure upon said lien from Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
being executed against the Premises, and all cost and expenses, including reasonable attorneys’ fees incurred by COUNTY within thirty (30) days after demand, and if unpaid, said failure by COUNTY may be treated by COUNTY as a material breach of this Lease Agreement enabling COUNTY, at its option, to terminate this Lease Agreement. The remedies set forth in this section are cumulative and shall not limit COUNTY’s right to purpose other remedies.
31. GENDER NEUTRAL. Any reference to gender in this Lease Agreement shall be deemed gender neutral.
32. MERGER AND MODIFICATION. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Lease Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Lease Agreement.
33. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Lease Agreement.
34. NO MERGER OF ESTATES. The voluntary surrender of this Lease Agreement by COUNTY, or a mutual cancellation of this Lease Agreement, shall not operate as a merger, and shall, at the option of CITY, terminate all or any existing subleases or sub-tenancies or may, at the option of CITY, operate as an assignment to CITY of any or all such subleases or sub-tenancies.
35. SURVIVAL OF REPRESENTATIONS. All representations, warranties, and covenants of the parties set forth herein shall survive the termination of this Lease Agreement.
36. REMEDIES. The remedies provided in this Lease Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to COUNTY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible.
37. EXECUTION. This Lease Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Lease Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Lease Agreement.
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Lease Agreement -Kern County (Behavioral Health & Recovery Services)
38. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Lease Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Lease Agreement shall prevail. All exhibits to which reference is made in this Lease Agreement are deemed incorporated in this Lease Agreement, whether or not actually attached.
39. COUNTERPARTS. This Lease Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed as of the date first written above. “CITY” “CONTRACTOR”
CITY OF BAKERSFIELD COUNTY OF KERN
GENERAL SERVICES DIVISION
By: ____________________________ By: ____________________________
KAREN GOH MICHELLE BURNS-LUSICH
Mayor Chief General Services Officer
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
KERN BEHAVIORAL HEALTH
DEVELOPMENT SERVICES DEPARTMENT AND RECOVERY SERVICES
By: ____________________________ By: ____________________________
PHILLIP BURNS ALISON BURROWES
Director Director
APPROVED AS TO FORM:
City Attorney: ____________________________ Deputy County Counsel: ____________________________ VIRGINIA GENNARO JOSHUA H. RUDNICK
Insurance:____________
COUNTERSIGNED:
Finance Director: ________________________
RANDY MCKEEGAN
VG/blf
S:\Economic&CommunityDevelop\Agr\25-26\KBHRS Lease.doc
Docusign Envelope ID: 33B331F8-F6AA-84EE-82E9-089D87D29160 Certificate Of Completion
Envelope Id: 33B331F8-F6AA-84EE-82E9-089D87D29160 Status: Completed Subject: Complete with Docusign: KBHRS Lease FY26-27.pdf Source Envelope:
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[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
7/14/2026 9:17:21 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Michelle Burns-Lusich
[email protected]
Chief General Services Officer
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Alison Burrowes
[email protected]
Director
Kern Behavioral Health
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Joshua H. Rudnick
[email protected]
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Sent: 7/14/2026 9:44:40 AM
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Electronic Record and Signature Disclosure:
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ID: d31323c8-7b14-4231-8a7e-8e23866340ba
Phil Burns
[email protected]
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Sent: 7/14/2026 9:51:07 AM
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ID: 699c7fb4-4c8c-4032-8353-e44088825719
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Michelle Burns-Lusich, Alison Burrowes, Joshua H. Rudnick, Phil Burns Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Daniel R. Maldonado, Assistant Water Director
DATE: July 24, 2026
SUBJECT: Agreement with Dee Jaspar & Associates, Inc. ($219,995.00) to provide construction management and inspection services for the Water Well CBK-85 Construction Project. (Ward 5)
RECOMMENDATION:
Staff recommend approval of the agreement.
BACKGROUND:
The Water Department has several projects scheduled for construction in FY 2026-27. Several of these projects require construction management and inspection services beyond the capacity of current Water Department staff. To address this, the City issued a Request for Qualifications (RFQ) on May 5, 2026, for Construction Management and Inspection Services. Seven consulting firms submitted Statements of Qualification and were pre-qualified for these projects.
On June 25, 2026, Dee Jaspar & Associates, Inc. (Dee Jaspar) submitted a proposal for construction management and inspection services for the Water Well CBK-85 Construction project. This project includes the drilling and development of a new municipal water well and a new pump house to meet flow and pressure requirements for the developing Stockdale Ranch community.
City staff recommend approving an agreement with Dee Jaspar due to their strong qualifications and a competitive proposal. The agreement covers the full construction phase at a total cost not to exceed $219,995.00.
FISCAL IMPACT:
Sufficient funds are budgeted in the Water Resources Capital Improvement Budget within the Domestic Water Fund; therefore, no impact to the City General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Agreement
2. Exhibit A – RFQ
3. Exhibit B – Proposal
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ.docx Request for Qualifications (RFQ)
Construction Management and Inspection Services
City of Bakersfield Water Department
Bakersfield, California
May 5, 2026
Firms wishing to be considered for this project should thoroughly read this RFQ.
I. GENERAL DESCRIPTION AND REQUIREMENTS
The City of Bakersfield Water Department (“City”) desires to qualify one or more firms (“Manager”) which will provide the City with construction management and inspection services for water and wastewater projects on a project-to-project basis, as required by the City. Depending on the level of experience and expertise required for each assignment, City reserves the right to select one qualified applicant per project or one qualified applicant for multiple projects.
The selected Manager(s) will provide construction management and inspection services for a variety of water and wastewater Capital Improvement Projects (“Projects”) undertaken by the Water Department. This RFQ is intended to establish a pool of qualified firms to supplement the City’s existing on-call consultant library and to provide additional flexibility in procuring construction management and inspection services.
Projects may include, but are not limited to, the following types of work:
• Domestic water infrastructure, including groundwater wells, well pump stations, booster stations, storage tanks, pipelines, and associated appurtenances
• Water treatment facilities, including systems for PFAS, TCP, arsenic, iron and manganese, and other regulatory-driven treatment processes
• Groundwater recharge and agricultural water facilities, including basins, weirs, turnout structures, conveyance systems, and related infrastructure
• Wastewater infrastructure, including collection systems, lift stations, and treatment-related improvements
• General civil and utility infrastructure supporting water operations The scope, size, and complexity of Projects may vary and may include new construction, rehabilitation, expansion, or replacement of existing facilities.
The City desires to enter into agreements with one or multiple firms (“Manager”) to provide construction management and inspection services for upcoming Projects. The Manager(s) shall have extensive documented experience in providing construction management and inspection services for municipal infrastructure projects, with an emphasis on water and wastewater systems.
Assignment of Projects will be based on factors including, but not limited to, the Manager’s qualifications, relevant experience, past performance, availability, and responsiveness to the City’s needs.
Compensation to the Manager under the agreement will be made by the City on a project-specific basis.
State of California prevailing wage rates shall apply to portions of Manager’s work depending on the type of work performed.
Manager(s) shall be responsible for compliance with all applicable laws, including, but not limited to, the Labor Code, Public Contract Code, and Government Code of the State of California. The City makes no representation as to the applicability or inapplicability of any laws regarding contracts, including the payment RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 2 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ of prevailing wages. Manager(s) shall not hold or seek to hold the City liable for any failure to comply with such laws.
For the purpose of this project, the following definitions shall apply:
• CITY is the City of Bakersfield, Water Department.
• PROJECT is the Construction of future CITY capital improvement projects. • PROPOSER is a firm which provides a submittal in response to this RFQ. • MANAGER is the firm hired by City to provide the services described in this RFQ. • CONTRACTOR is the firm hired by City to construct the Project. • ENGINEER is the design consultant hired by City to design the Project. • LOCAL REGULATORY AGENCY refers to all Divisions and Departments of the City of Bakersfield that are charged with the oversight of this type of work.
II. PROJECT ASSIGNMENT AND FEE PROPOSAL
In the event that City qualifies more than one company, assignment of projects may be based on the qualifications, expertise, availability, and past performance of the company as presented in their SOQ.
When a specific project is identified, City will issue to Manager a Request for Fee Proposal (RFP) providing the scope of work, schedule requirements, and any project-specific conditions. Manager shall prepare and submit a fee proposal and schedule for City review. Failure to respond in a timely manner may result in removal from consideration for that project and/or future assignments.
Manager’s fee proposal shall be prepared in accordance with the RFP. Unless otherwise specified, proposals shall be on a time and materials basis with a not-to-exceed amount, in accordance with Manager’s Rate Schedule (Hourly Billing Rates). The proposal shall include estimated hours by staff, billing rates, reimbursable expenses, total cost, and project schedule.
Upon acceptance, City will enter into an agreement or issue a task order, as applicable, and issue a Notice to Proceed. If City and Manager are unable to agree on the proposal, or if Manager cannot meet project requirements, City may reject the proposal and request one from another qualified Manager.
City reserves the right to issue RFPs to any qualified Manager and is not obligated to select in any specific order.
Under emergency conditions, Manager may be authorized to proceed prior to fee approval and shall proceed at risk until approved by City.
III. COMPENSATION
Total compensation paid by City during the term of the agreement(s) for construction management and inspection services as described in this RFQ shall be negotiated.
Manager shall electronically send PDF invoices to City. For long duration projects, invoices may be submitted on a monthly basis for the work performed. For short duration projects, a single invoice may be submitted at the completion of the work. The invoices shall be in accordance with Manager’s fee proposal and shall be accompanied with a report itemizing the work completed in that period. The report shall include a description of activities performed, an estimate of the percentage of work completed (if submitted monthly), and a summary of any problems encountered.
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 3 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ No compensation above the proposed not-to-exceed amount as specified in Manager’s fee proposal will be made to Manager unless a revised fee proposal, along with written justification of increasing the not-toexceed amount, has been submitted to and accepted by City.
IV. SERVICES TO BE PROVIDED BY MANAGER (SCOPE OF WORK)
A. Project Management – Manager shall perform management tasks including, but not limited to, scheduling and coordinating, project and budget oversight, preconstruction meetings, weekly construction status update meetings, managing and maintaining construction documents (including meeting minutes), and act as point of contact for all communications and interaction between City, Contractor, and Engineer.
B. Submittals and RFIs – Manager shall coordinate and oversee submittals and RFIs. Manager shall receive submittals and RFIs from Contractor and route to Engineer for review. Manager shall receive reviewed submittals and RFIs from Engineer and route to Contractor. Manager shall maintain organized and detailed records of all submittals and RFIs. At completion of Project, Manager shall deliver to City organized documentation of submittals and RFIs.
C. Construction Inspection – Manager shall provide daily construction inspection services for all aspects of the Project. Depending on work being performed during a particular day, Manager shall anticipate four (4) to eight (8) working hours of inspection per working day. Manager shall provide, in general, the following inspection services:
• Oversee quality control and equipment testing;
• Confirm all materials adhere to the project plans and specifications and the approved submittals; • Review all certificates of inspections and tests;
• Oversee laboratory testing activities and special inspection activities; • Confirm Contractor is in compliance with all safety regulations; • Verify construction is in conformance with the project plans and specifications; and • Maintain daily inspection and construction reports. Daily reports shall be delivered to City on weekly intervals.
D. Change Orders – Manager shall review proposed change orders and provide recommendation to City.
Contract change orders shall be prepared by Manager in City’s format and shall be approved and processed by City.
E. Progress Payments – Manager shall review Contractor’s pay requests and provide recommendation to City. Progress payments (pay estimates) shall be prepared and certified by Manager in City’s format and shall be approved and processed by City.
F. Certified Payroll – Manager shall maintain records to ensure Equal Employment Opportunity (EEO) requirements are performed and documented and shall check certified payrolls against daily diaries and prevailing wages.
G. Permits – Manager shall verify and review all Federal, State, and local permits required for the Project.
Manager shall ensure all permits are properly completed and obtained by Contractor. City shall be notified immediately of any outstanding permits.
H. Startup and Testing – Manager shall coordinate and document equipment startup and testing with City, Contractor, and Cal Water.
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 4 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ I. Punch List Walkthrough – Manager shall coordinate a punch list walkthrough of the Project with City and Contractor and shall prepare a punch list of outstanding items. Manager shall provide punch list to Contractor.
J. Final Inspection and Approval – After completion of punch list items by Contractor, Manager shall coordinate a final inspection to verify punch list items have been completed. Upon satisfaction of Manager that punch list items have been completed, Manager shall give final approval and shall record date as the beginning of the warranty period.
K. Record Drawings – Manager shall coordinate with Engineer and City the preparation of record drawings and close-out documentation.
L. Final Deliverables – At completion of the Project, Manager shall submit a project file containing copies of all pertinent correspondences, memorandums, calculations, pictures, reports, submittals, RFIs and all other data developed during the Project.
M. Responsibility Matrix – The following table is not intended to be all inclusive and displays the primary and secondary tasks to be performed by City, Manager, Contractor, Engineer, and Cal Water. CalWater will not be considered part of the matrix for agricultural water facilities projects.
CONSTRUCTION CONTRACT ADMINISTRATION AND
INSPECTION RESPONSIBILITY MATRIX
P=Primary Responsibility, S=Secondary Responsibility
Tasks (Work Elements) City Manager Contractor Engineer Cal Water
Conduct/attend preconstruction meeting and review
construction plans and specifications S P S S S
Issue Notice to Proceed S P
Conduct/attend weekly meetings S P S
Prepare and distribute all meeting minutes P
Prepare detailed construction schedule P
Review and approve construction schedule S P
Monitor construction schedule P P
Collect, process, and distribute RFI’s and maintain
RFI Logs P S
Respond to RFI’s S S P S
Prepare submittals for review P
Distribute submittals for review P
Review submittals S S P S
Maintain submittal log P P
Perform daily inspection of the project construction P
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 5 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ
CONSTRUCTION CONTRACT ADMINISTRATION AND
INSPECTION RESPONSIBILITY MATRIX
P=Primary Responsibility, S=Secondary Responsibility
Tasks (Work Elements) City Manager Contractor Engineer Cal Water
Maintain daily inspection logs, including men and
materials, and submit to City weekly P
Prepare weekly statements of working days and
submit to City weekly P
Maintain field files and construction documents P S
Maintain correspondence log P
Determine compliance with construction plans and
specifications S P S
Coordinate and review material and laboratory
testing S P S S S
Perform material and laboratory testing P S
Provide construction survey staking P S
Prepare formal letters to Contractor S P S
Prepare change orders P S S
Review and process change orders P S S
Review Contractor pay requests S P
Provide payment for Contractor pay requests P
Maintain and review certified payroll P P
Obtain all necessary permits for construction P
Review construction permits P S
Perform punch list walkthrough S P P S S
Prepare punch list S P S
Perform final project inspection S P P S S
Maintain records of field changes P P S
Prepare record drawings S S P
Review record drawings S P
V. SCHEDULE
Manager shall execute the work as described in this RFQ in a timely manner and in accordance with the approved construction schedule. Failure to do so may result in termination of the agreement.
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 6 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ VI. MANAGER’S TEAM
This invitation is open only to firms with staffed offices within the Bakersfield Metropolitan Area.
The work per this RFQ shall be performed by qualified staff that work in the local office and are familiar with City standards and requirements.
Manager’s staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise, and licenses to perform and satisfy all the requirements as described in this RFQ.
At a minimum, Manager’s team shall include the following:
A. Principal(s) of the firm acting as project manager to direct and oversee the Scope of Work. Principal(s) shall be a California Registered Civil Engineer.
B. Qualified key person(s) to perform the Scope of Work.
City does not require nor expect Manager to have subconsultants on their team to provide specialty services. (Neither the inclusion nor exclusion of specialty service subconsultants in their team will be considered in the evaluation of Proposer. However, the Proposer’s team must have appropriate staff to provide the services described in this RFQ.) In the event that specialty services are required, City will work with the Manager to secure those services as a reimbursable expense.
VII. SUBMITTAL REQUIREMENTS
Proposers must include in their submittal package the following items:
• THREE (3) copies of the Proposer’s SOQ (refer to Section VIII – Statement of Qualifications), including a statement of insurance coverage signed by Proposer. SOQ shall not exceed fifteen (15) pages.
Resumes are not included in the fifteen (15) page maximum. • One (1) signed copy of the “General Information Sheet” (refer to Attachment RFQ-1) • One (1) signed copy of the sample agreement (refer to Section X – Contract Documents and Attachment RFQ-2)
The submittal items must be placed into a sealed envelope bearing Proposer’s name and the words:
Statement of Qualifications for
Construction Management and Inspections Services for
City of Bakersfield, Water Department
Bakersfield, California
Before 3:00 p.m. on Tuesday, May 26, 2026, the submittal package must be delivered to:
Attn: Fernando Montes, Civil Engineer IV
City of Bakersfield
Water Department
1000 Buena Vista Road
Bakersfield, California 93311
City assumes no responsibility for non-receipt of submittal packages due to any delay including, but not limited to, carrier delay. It is Proposer's responsibility to meet the deadline stated above.
Submittals that do not contain the required number of copies and all of the information requested in this RFQ may be considered non-responsive and rejected without evaluation.
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 7 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ Submittals received after the deadline or at the wrong location may be considered non-responsive. Fax or e-mail copies will not be accepted. All submittals become the property of the City of Bakersfield and will not be returned.
VIII. STATEMENT OF QUALIFICATIONS
All interested firms shall submit three copies of their Statement of Qualifications (SOQ), which shall not exceed fifteen (15) pages, with exception to resumes, and shall contain at a minimum the following information:
A. Name, experience, and resume of Proposer’s Principal(s) who will act as project manager to direct and oversee the Scope of Work.
B. Name, experience, and resume of Proposer’s Key Person(s) who will perform the Scope of Work.
C. A list of current projects, including the amount of Proposer’s resources allocated to those projects and the completion date of Proposer’s work at that level of allocation.
D. A list of comparable projects on which Proposer has been involved during the past five (5) years. The list should include at least four (4) different clients and should provide the following information for each project:
1. Project title, location and description including size of the project;
2. Nature of Proposer’s responsibility;
3. Start and end dates of Proposer’s involvement in the project;
4. Names of Proposer’s key personnel involved in the project;
5. Total dollar amount of Proposer’s contract;
6. Name, address, and phone number of the project owner;
7. Name and address of Proposer’s client if different from the project owner; and
8. Name and phone number of contact person at Proposer’s client's office.
E. A statement of why Proposer believes it should be selected, including the management and technical approach of Proposer to ensure the Project is completed on-time and within budget.
F. A list of Proposer’s claims history in the last five (5) years in accordance with the following:
1. List all claims, demands for arbitration and/or law suits filed by Proposer, predecessor companies, or company officers against project owners or their agents. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.
2. List all claims, demands for arbitration and/or law suits filed by project owners, their agents, or subcontractors against Proposer, predecessor companies, its agents or bonding company in connection with Proposer, its officers, its agents or bonding company. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 8 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.
G. A statement of Proposer's current insurance coverage signed by Proposer. Do not submit a certificate of insurance in lieu of this statement. City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet City’s minimum requirements, a statement of Proposer's ability and intent to obtain the required coverage must be included.
H. Additional information Proposer deems necessary for City to complete its evaluation of Proposer based on the criteria described in Section IX – Selection of Manager.
IX. SELECTION OF MANAGER(S)
Proposer shall provide verifiable evidence in their submittal demonstrating that they have considerable current and past experience in providing the services necessary for the Project as described in this RFQ.
Manager(s) will be qualified based on City's evaluation of Proposer’s SOQ and the items listed below. In no particular order, the following items shall be used for evaluation:
A. The qualifications and experience of Proposer’s Principal(s).
B. The qualifications and experience of Proposer’s Key Person(s) C. The availability of Proposer to provide construction management and inspection services and to perform them within the required time frames.
D. The Proposer's ability to relate to Project requirements.
E. Proposer’s submittal and subjective statements.
F. Proposer’s experience and past performance on comparable projects for the City and other governmental agencies.
After reviewing Proposers’ submittals, City will determine which firms are qualified and develop a short list of firms to be considered. Once final design of the Projects near completion and construction bidding of the Project becomes eminent, City will select the firm that they feel has the qualifications and expertise needed for the specific project and begin fee negotiations for an agreement. If an agreement is not reached with the City selected firm City will begin negotiations with another qualified firm on the list and will continue the process until an agreement is reached. At no time will City reenter negotiations with a firm when negotiations have been terminated.
City will not enter into an agreement for construction management and inspection services for the Project with any firm involved in the design of the Project, or a firm proposing to use the design consultant as a subconsultant.
X. SOLICITATION CAVEAT
Proposer and its subconsultants understand and agree that City shall have no financial responsibility for any costs incurred by Proposer and its subconsultants in responding to this RFQ and City shall not be liable for any of Proposer's or its subconsultants' costs attributed to their own study and investigation in regards to this RFQ. City shall also have no financial responsibility for any costs incurred by Manager until Manager has executed an agreement with City and has been authorized in writing to proceed. City reserves the right to terminate this RFQ at any time.
RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 9 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ The submission of a proposal shall be conclusive evidence that Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Bakersfield.
As outlined in Clause 17 – Compliance with All Laws of the CONSTRUCTION MANAGEMENT AGREEMENT, once final selection occurs Manager will need to obtain a City of Bakersfield business tax certificate prior to execution of an agreement with City.
XI. CONTRACT DOCUMENTS
A sample copy of the City’s CONSTRUCTION MANAGEMENT AGREEMENT is included with this RFQ as Attachment RFQ-2. Please review the agreement carefully. This is the agreement Manager will be expected to execute without alteration.
An officer of Proposer must sign and return the “Sample Agreement Acceptance” clause located on the last page of the agreement and return the sample CONSTRUCTION MANAGEMENT AGREEMENT included in this RFQ with Proposer’s submittal package. The clause states:
“I have received and reviewed the sample CONSTRUCTION MANAGEMENT AGREEMENT including the INDEMNITY clause, which was included in the City’s RFQ. My signature below shall signify our firm’s acceptance of said agreement if our firm is selected for awarding a contract for this project as described in said RFQ. This acceptance is made with the understanding that the “COMPENSATION” and “TERM” clauses will be modified or created to contain the amounts and dates established for this agreement.”
The signature indicates that Proposer accepts the clauses of the agreement, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement, with the exception that the "COMPENSATION" and “TERM” clauses and other blanks where appropriate will be modified. Failure to execute the agreement without alteration may result in the rejection of Proposer's submittal and retaining of a different Proposer by City.
City will not approve Proposer's requested modifications to the insurance clause nor the indemnity clause of this agreement. At the time of agreement execution, Manager will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.
XII. CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning this RFQ, City's review and evaluation of the submittal packages, and City's selection of Contractor(s) must be submitted in writing on the provided form, at least ten (10) calendar days before the submittal packages are due, to:
Henry Kouyoumdjian, Engineer II
City of Bakersfield
Water Department
Email: [email protected]
XIII. ATTACHMENTS
The following documents are attachments to this RFQ:
• Attachment RFQ-1, General Information Sheet
• Attachment RFQ-2, Sample Agreement
• Attachment RFQ-3, Request for Information Form
Attachment RFQ-1
General Information Sheet
Construction Management and Inspection Services for
City of Bakersfield Water Department
Bakersfield, California
Date: ________________________
Legal Name of Firm: __________________________________________________________________ __________________________________________________________________ Type of Organization: __________________________________________________________________ __________________________________________________________________ If a corporation, state in which the firm is incorporated: _____________________________________ Federal Employer I.D. Number: __________________________________________________________ Street Address: ___________________________________________________________________ ___________________________________________________________________ Mailing Address: ___________________________________________________________________ ___________________________________________________________________ Email Address: ___________________________________________________________________ Telephone Number: ___________________________________________________________________ Fax Number: ___________________________________________________________________ _____________________________________________________________________________________ Name of Principal-in- Charge, Title, License Number
_____________________________________________________________________________________ Name of Project Manager, Title, License Number
_____________________________________________________________________________________ Signature of Officer of the Firm Title Date
Attachment RFQ-2
Attachment RFQ-2 -- Sample Agreement
AGREEMENT NO._________________
CONSTRUCTION MANAGEMENT AGREEMENT
This CONSTRUCTION MANAGEMENT AGREEMENT (“Agreement”) is made and entered into on ______________________, by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation (referred to herein as “CITY”), and , a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to conduct business in California (referred to herein as “MANAGER”).
R E C I T A L S
WHEREAS, CITY is undertaking the following project: __________________________ (the “Project”); and
WHEREAS, CITY issued a Request for Qualifications/Request for Proposals (“RFQ/RFP”) for construction management services for the Project, and MANAGER submitted a proposal; and WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and
WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work; and
WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and
WHEREAS, based on MANAGER’s representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein; and WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows:
1. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the RFQ/RFP, attached hereto and incorporated herein as Exhibit A, and as provided in the scope of work description prepared by MANAGER, attached hereto and incorporated herein as Exhibit B.
Attachment RFQ-2
Collectively, the RFQ/RFP and the scope of work description are referred to herein as “Scope of Work.” MANAGER’s services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.
2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER’S Cost Proposal, attached hereto and incorporated herein as Exhibit C, unless additional reimbursement is provided for by amendment of the Agreement. In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the time to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $________________.
2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $________________. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the Scope of Work and such adjustment is made by amendment of the Agreement.
2.2. The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee, shall not exceed $________________ (“Compensation”).
2.3. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
2.4. When milestone cost estimates are included in the approved Cost Proposal, MANAGER must obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
2.5. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
2.6. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs, upon receipt by and approval of CITY’s Contract Administrator of itemized invoices in triplicate. A pro rata portion of MANAGER’s fixed fee will be included in the monthly progress payments.
Invoices shall be submitted no later than 45 calendar days after the performance of work for which MANAGER is billing. Invoices shall detail the Attachment RFQ-2
work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. CITY will withhold a portion of MANAGER’s payment when required by the City of Bakersfield Municipal Code for the time period and purposes set forth therein. If applicable, CITY shall have the right to delay payment or terminate this Agreement in accordance with the provisions herein if MANAGER fails to submit the required deliverable items according to the Scope of Work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
2.7. The final invoice must contain the final cost and all credits due to CITY including any equipment purchased under the provisions herein. MANAGER may submit to CITY a final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to CITY’s satisfaction; and, (3) Caltrans has issued its final ICR review letter. MANAGER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than 60 days after occurrence of the last of these items.
2.8. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by CITY’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
2.9. MANAGER agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various state and federal programs. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement.
2.10. CITY reserves the right to reject any work that is inadequate or incomplete without being charged for any extra time or compensation by MANAGER.
2.11. MANAGER must notify CITY when the Scope of Work is 75% complete or when 75% of the budget for the Scope of Work has been expended.
3. 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 Attachment RFQ-2
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.
4. STATE PREVAILING WAGE RATES.
4.1.1. MANAGER shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
4.1.2. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
4.1.3. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
5. TIME FOR COMPLETION. MANAGER shall complete all assigned tasks set forth in the Scope of Work no later than _______________________.
6. TERM. This Agreement will terminate upon completion of the Scope of Work or on , whichever is earlier. Should any claims against CITY or MANAGER arising out of the Scope of Work be asserted during the term of this Agreement, CITY and MANAGER may agree to extend the termination date of this Agreement.
7. TERMINATION. CITY reserves the right to terminate this Agreement upon thirtycalendar-days written notice to MANAGER with the reasons for termination stated in the notice.
7.1. CITY may terminate this Agreement with MANAGER should MANAGER fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this Agreement with MANAGER, CITY shall pay MANAGER the sum due to MANAGER under this Agreement prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the Agreement. In which case, the overage shall be deducted from any sum due MANAGER under this Agreement and the balance, if any, shall be paid to MANAGER upon demand.
Attachment RFQ-2
7.2. If the Agreement is terminated for CITY’s convenience, MANAGER will be paid for completed work and for termination costs. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31. 205-42 (c) dealing with initial costs is not applicable to architectural and engineering agreement terminations.
8. CONTRACT ADMINISTRATOR. The Contract Administrator for CITY is:
Name
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3700
MANAGER’s Construction Manager is designated as:
Name
Company
Address 1
Address 2
Phone
The Contract Administrator and the Construction Manager will be the primary contact persons for CITY and MANAGER, respectively.
9. KEY PERSONNEL. At CITY’s request, MANAGER must name all key personnel to be assigned to perform the Scope of Work. All key personnel must be properly licensed and experienced for the Scope of Work. MANAGER must provide background for each of the key personnel including, without limitation, resumes and work experience in the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER may not change such personnel without CITY’s written approval. CITY reserves the right to request replacement of either MANAGER’s employees or subcontractors who may not be performing at an acceptable level. CITY intends to perform yearly performance reviews of MANAGER.
10. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER’s performance of the Scope of Work as an independent contractor. MANAGER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement may not be construed as forming a partnership or any other association with MANAGER other than that of an independent contractor.
11. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. MANAGER will supply all equipment, tools, materials, and supplies necessary to perform the Scope of Work.
13. EQUIPMENT PURCHASE. Prior authorization in writing, by CITY'S Contract Administrator, shall be required before MANAGER enters into any unbudgeted purchase order or Attachment RFQ-2
subcontract exceeding $5,000 for supplies, equipment, or MANAGER services.
MANAGER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in MANAGER’s Cost Proposal and exceeding $5,000, MANAGER shall submit three competitive quotations along with the request for prior authorization to CITY's Contract Administrator, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following:
“MANAGER shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, MANAGER may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures, and credit CITY in an amount equal to the sales price. If MANAGER elects to keep the equipment, fair market value shall be determined at MANAGER’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to CITY and MANAGER, if MANAGER is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
14. CONFLICTS OF INTEREST.
14.1. MANAGER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement, or any ensuing CITY construction project. MANAGER shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing CITY construction project.
14.2. MANAGER hereby certifies that it does not now have, nor shall it acquire, any financial or business interest that would conflict with the performance of services under this Agreement.
14.3. MANAGER hereby certifies that neither MANAGER, its employees, nor any firm affiliated with MANAGER providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
14.4. MANAGER further certifies that neither MANAGER, nor any firm affiliated with MANAGER, will bid on any construction subcontracts included within the construction contract. Additionally, MANAGER certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement.
Attachment RFQ-2
14.5. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this Agreement shall have provided services on the design of any project included within this Agreement.
15. NO CITY INTEREST. No officer or employee of CITY will hold any interest in this Agreement, (California Government Code 1090).
16. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY will not constitute a waiver of any portion or any provision of this Agreement.
17. LICENSES. MANAGER must, at MANAGER’s sole cost and expense, have at the time of bidding or proposal submission, and must keep in full force and effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for MANAGER to practice its profession in the State of California.
MANAGER, if a corporation or partnership, must, at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY must have no less than a four-year college degree in the appropriate field of study as determined by CITY. MANAGER must submit proof of the required education to CITY upon bid or proposal submission.
18. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement will not constitute a waiver of that party's right to enforce such a provision at a later time, and will not serve to vary the terms of this Agreement.
19. COMPLIANCE WITH ALL LAWS. MANAGER must, at MANAGER's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and must 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. If the applicable requirements described above are subsequently amended, resulting in a material change in the Scope of Work or a related project schedule, the amended requirements may be included in the Scope of Work, if the parties to this Agreement concur.
20. INDEMNITY.
20.1. MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, arising from MANAGER’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER’s employees, agents, Attachment RFQ-2
independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
20.2. For work performed by MANAGER under this Agreement where the provisions of Civil Code section 2782.8 apply, the MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER.
21. INSURANCE.
21.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
21.1.1. 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.
21.1.2. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence.
21.1.3. Commercial general liability insurance, unless otherwise approved by City’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
21.1.3.1. Provide contractual liability coverage for the terms of this Agreement;
21.1.3.2. Provide unlimited products and completed operations coverage;
21.1.3.3. Provide premises, operations, and mobile equipment coverage; and
21.1.3.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.
21.1.4. 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, MANAGER must submit to City the following certification before beginning any work under this Agreement:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Attachment RFQ-2
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, MANAGER is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.
21.2. General Provisions Applying to All Insurance Types.
21.2.1. All policies required of MANAGER must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.
21.2.2. All policies required of MANAGER 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 MANAGER’s insurance and must not contribute with it.
21.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by City’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by City in writing.
21.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance.
All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
21.2.5. Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
21.2.6. It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement.
21.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is Attachment RFQ-2
subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section.
22. THIRD PARTY CLAIMS. CITY will timely notify MANAGER of third party claims relating to this Agreement. CITY will be allowed to recover from MANAGER, and MANAGER must pay on demand, all costs of notification.
23. CONFIDENTIALITY. During the term of this Agreement, MANAGER may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, MANAGER will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent.
24. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, will, upon preparation, become CITY’s property.
25. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
26. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. MANAGER agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. MANAGER also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to MANAGER that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by MANAGER to CITY.
27. RETENTION OF RECORDS/AUDIT. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, MANAGER, subcontractors, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, State Attachment RFQ-2
Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of MANAGER and it’s certified public accountants (CPA), work papers that are pertinent to the contract, and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
28. AUDIT REVIEW PROCEDURE. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by CITY’S Finance Director. Not later than 30 days after issuance of the final audit report, MANAGER may request a review by CITY’S Finance Director of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by CITY will excuse MANAGER from full and timely performance, in accordance with the terms of this Agreement.
MANAGER’s Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by MANAGER and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by MANAGER to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement’s terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
28.1. During a Caltrans’ review of the ICR audit work papers created by the MANAGER’s independent CPA, Caltrans will work with the CPA and/or MANAGER toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the MANAGER at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I. Provisional rates will be as follows:
28.1.1. If the proposed rate is less than 150%, the provisional rate reimbursed will be 90% of the proposed rate.
28.1.2. If the proposed rate is between 150% and 200%, the provisional rate will be 85% of the proposed rate.
28.1.3. If the proposed rate is greater than 200%, the provisional rate will be 75% of the proposed rate.
28.2. If Caltrans is unable to issue a cognizant letter as described above, Caltrans may require MANAGER to submit a revised independent, CPA-audited ICR and audit report within three months of the effective date of the management letter. Caltrans will then have up to six months to review the MANAGER’s and/or the independent CPA’s revisions.
Attachment RFQ-2
28.3. If the MANAGER fails to comply with the provisions of this section, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPAaudited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
The provisional ICR will apply to this Agreement, and all other agreements executed between CITY and MANAGER, either as a prime or subcontract, with the same fiscal period ICR.
29. COVENANT AGAINST CONTINGENCY FEES. MANAGER warrants that it has not employed or retained any company or person, other than a bona fide employee working for MANAGER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, CITY will have the right to annul this Agreement without liability, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
30. CHANGES IN WORK. Changes in work must only be made in accordance with this Agreement. If it is essential for extra work to be performed immediately, CITY’s Contract Administrator and MANAGER’s Construction Manager must agree in writing as to the scope of the extra work and the nature and, if possible, the amount of compensation therefore. As soon as possible, CITY’s Contract Administrator must prepare an amendment to this Agreement and cause it to be approved as set forth in the Bakersfield Municipal Code.
31. SUBCONTRACTING.
31.1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any subcontractor(s), and no subcontract shall relieve MANAGER of its responsibilities and obligations hereunder. MANAGER agrees to be as fully responsible to CITY for the acts and omissions of its subcontractor(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by MANAGER. MANAGER’s obligation to pay its subcontractor(s) is an independent obligation from CITY’S obligation to make payments to MANAGER.
31.2. MANAGER shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by CITY’s Contract Administrator, except that which is expressly identified in the approved Cost Proposal.
31.3. MANAGER shall pay its subcontractors within ten calendar days from receipt of each payment made to MANAGER by CITY.
Attachment RFQ-2
31.4. Any substitution of subcontractor(s) must be approved in writing by CITY’s Contract Administrator prior to the start of work by the subcontractor(s).
32. DEBARMENT AND SUSPENSION CERTIFICATION.
32.1. MANAGER’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that MANAGER has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement),” which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exceptions to this certification must be disclosed to CITY.
32.2. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining MANAGER responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
32.3. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
33. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. MANAGER warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY will have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
34. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
MANAGER certifies to the best of his or her knowledge and belief that:
34.1. No state-, federal-, or local agency-appropriated funds have been paid, or will be paid by, or on behalf of, MANAGER to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the Attachment RFQ-2
extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
34.2. If any funds other than federal-appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, the MANAGER must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
34.3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
34.4. MANAGER also agrees by signing this Agreement that it will require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such subrecipients must certify and disclose accordingly.
35. DBE PARTICIPATION REQUIREMENTS. This Agreement is subject to additional clauses which are defined on the attached Exhibit E and are incorporated herein by reference.
36. CERTIFICATIONS. This Agreement is subject to additional clauses which are defined as the Certification of CITY, attached hereto as Exhibit F, and Certification of MANAGER, attached hereto as Exhibit G, both of which are incorporated herein by reference.
37. STATEMENT OF COMPLIANCE
37.1. MANAGER’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that MANAGER has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
37.2. During the performance of this Agreement, MANAGER and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. MANAGER and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. MANAGER Attachment RFQ-2
and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. MANAGER and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
37.3. MANAGER shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
37.4. MANAGER, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, MANAGER shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. MANAGER shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.
38. MISCELLANEOUS.
38.1. 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 must be brought in Kern County, California.
38.2. Further Assurances. Each party must 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.
38.3. Notices. All notices relative to this Agreement must be given in writing and personally served or sent by certified or registered mail and will be effective upon actual personal service or depositing in the United States mail. The parties will be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
Attachment RFQ-2
City Hall
1600 Truxtun Avenue
Bakersfield, California, 93301
MANAGER: _______________________
_______________________
_______________________
38.4. 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 will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
38.5. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
38.6. Interpretation. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
38.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be considered as an original and be effective as such.
38.8. Merger and Modification. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
38.9. Tax Numbers.
MANAGER’s Federal Tax Identification No.:____________.
MANAGER is a corporation? Yes _____ No _____
(Please check one)
38.10. Corporate Authority. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
38.11. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Attachment RFQ-2
Agreement. Section 1654 of the California Civil Code does not apply to the interpretation of this Agreement.
38.12. News Releases/Interviews. All news releases, media interviews, testimony at hearings, and public comments relating to this Agreement by MANAGER are prohibited unless authorized by CITY.
38.13. Included Documents. Any bid documents, including, without limitation, any request for proposals, request for qualifications, and responses thereto relating to this Agreement are incorporated by reference as though fully set forth.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“CITY” “MANAGER”
CITY OF BAKERSFIELD MANAGER NAME
By: By:______________________________
KAREN GOH, Mayor NAME, Title
APPROVED AS TO CONTENT:
WATER DEPARTMENT
By: _______________________________
KRISTINA BUDAK
Water Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney: _______________________ Finance Director: _____________________
MATTHEW COLLOM RANDY MCKEEGAN
Insurance: ____________
Exhibits: Exhibit A – Request for Qualifications/Request for Proposal Exhibit B – Scope of Work Description
Exhibit C – Cost Proposal
Exhibit D – Certificates of Insurance
Exhibit E – DBE Requirements
Exhibit F – Certification of City
Exhibit G – Certification of Manager
“I have received and reviewed the sample CONSTRUCTION MANAGEMENT AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________ Attachment RFQ-3
RFQ Construction Management and Inspection Services
Request for Information Form
QUESTION TO: City of Bakersfield, Water Department
1000 Buena Vista Road, Bakersfield, CA 93311
Attention: Henry Kouyoumdjian
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than ten (10) calendar days prior to the submittal deadline. This will allow time to respond to the question and/or to issue an addendum to all managers 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: Manager:
Contact Person:
Address:
Telephone Number:
QUESTION: ________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ RESPONSE: Date: _________ Answered by: Name Company
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:
Addendum Required: YES ___________ NO ______________
DEE JASPAR & ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
2730 UNICORN ROAD, BUILDING A
BAKERSFIELD, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
____________________________________________________________________________________ June 25, 2026
City of Bakersfield
Water Department
Attn: Fernando Montes, Civil Engineer IV
1000 Buena Vista Road
Bakersfield, CA 93311
Re: Construction Management and Inspection Services
Water Well CBK-85 (City Project No. 26WDWR06)
Attached is an itemized engineering proposal for the project oversight, construction management, and inspection for the Water Well CBK-85 Project. The itemized budget proposal has been separated into two tasks as outlined below:
Task #1 – Well Drilling Construction Management and Inspection This task involves the oversight and inspection for the water well drilling project and includes, but is not limited to the following:
• Administer a Preconstruction Meeting
• Well Drilling Oversight and Daily Inspection for Drilling and Development • Conductor Casing and Cement Seal Inspection
• Pilot Hole Inspection and Lithologic Logging
• Review of Geophysical Logs and Selection of Zone Depth Intervals • Inspection and Data Collection during Isolated Zone Testing • Water Quality Sampling and Testing
• Formation Sieve Sampling and Selection of Slot Size and Gravel Gradation • Final Well Design Recommendations
• Reamed Hole Inspection
• Caliper Log and Deviation Survey Review
• Well Construction Inspection including Welding Inspection, Gravel Pack Monitoring, and Cement Annular Seal Inspection
• Swabbing and Airlifting Inspection
• Pumping and Surging Inspection
• Recommendation of Flowrates for Step and Constant Rates • Water Quality Sampling and Testing for Completed Well • Video Logging and Test Pump Data Analysis
• Preparation of a Final Well Report
The budget amount for Task #1 is $78,755.00.
Task #2 – Well Equipping and Site Development Construction Management and Inspection This task involves the oversight and inspection for the water well equipping and site development project and includes, but is not limited to the following:
• Contract Document Review
• Administer a Preconstruction Meeting and Issue Meeting Minutes • Submittal and Shop Drawing Reviews
• Review and Respond to Requests for Information (RFI’s) • Review and Approve Monthly Progress Payments
• Administer Weekly Project Meetings and Issue Meeting Minutes • Well Equipping and Site Development Oversight and Daily Inspection and Reporting • Compaction and Concrete Testing
• Facilitate Start-Up and Testing
• Assistance with the Drinking Water Permit Process
• Preparation of Project Completion Report
• Project Close-Out Documents
The budget amount for Task #2 is $141,240.00.
The total budget proposal for this work is $219,995.00.
Please let me know if you have any questions or if you would like to discuss revisions to the above noted scope of work or costs.
Sincerely,
Curtis M. Skaggs, P.E.
Senior Engineer
Dee Jaspar Associates
Consulting Civil Engineers
City of Bakersfield
Construction Management and Inspection Services for Water Well CBK-85 (City Project No. 26WDWR06) Professional Engineering Services Proposal Budget
Principal EngineerRegistered Engineer /
Project Manager
Senior EngineerSurveyorSurvey CrewDraftspersonSecretary Ken Schmidt &
Associates, Inc.
Materials TestingWater Laboratory
Testing
Miscellaneous
Scope of Work Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Cost ($) Estimated Cost ($) Estimated Cost ($) Estimated Cost ($) Total
1. Well Drilling Quality Control & Inspection
Project Kick-Off Meeting and Correspondence 4 $20 $780
Perform Submittal Reviews for Well Materials 20 $50 $3,850 Conductor Casing Installation Inspection and Quality Control. 8 $25 $1,545 Pilot Hole Drilling Inspection and Quality Control. 20 $100 $3,900 Geophysical Logging and Review. Selection of Zone Tests and Casing Design. 12 $2,500 $50 $4,830 Zone Testing Inspection, Quality Control, and Water Quality Sampling. 64 $2,500 $8,000 $200 $22,860 Sieve Analysis, Gravel Selection, and Final Casing Design 8 $2,000 $100 $3,620 Reaming Inspection and Quality Control. 20 $100 $3,900
Caliper Log and Deviation Survey Review 8 $50 $1,570
Casing, Gravel Pack, & Cement Seal Inspection and Testing. 48 $200 $9,320 Airlifting & Swabbing Inspection and Quality Control. 18 $100 $3,520 Well Development Inspection and Quality Control. 48 $1,500 $300 $10,920 Well Video Review and Quality Control. 8 $50 $1,570
Final Report and Project Closeout. 8 $1,500 $3,500 $50 $6,570 Subtotal: $78,755
2. Well Equipping Quality Control & Inspection
Contract Document Review and Project Kick-Off Meeting 8 $50 $1,570 Administer Pre-Construction Meeting and Distribute Meeting Minutes 4 $50 $810 Coordinate and Facilitate Submittal Reviews. 80 $100 $15,300 Review and Respond to Proposed Change Orders and Requests for Information. 24 $100 $4,660 Review and Approve Monthly Progress Pay Requests and Disbursement Claims 20 $50 $3,850 Administer Weekly Project Meetings and Meeting Minutes 70 $100 $13,400 Perform Daily Inspection and Quality Control including Concrete Testing, Compaction Testing, etc. 350 $15,000 $6,000 $87,500
Perform Final Project Walk-Thru Inspection, Administer Startup, Testing, and Training. 24 $100 $4,660
Assist with Obtaining Drinking Water Permit Amendment Approvals 16 $50 $3,090 Final Record Drawings, O&M Manuals, and Project Close-Out Documents. 20 $2,500 $100 $6,400 Subtotal: $141,240
Total Hours Estimated: 0 910 0 0 0 0 0 $10,000 $15,000 $14,000 $8,095 Total Engineering Estimate: $0 $172,900 $0 $0 $0 $0 $0 $10,000 $15,000 $14,000 $8,095 $219,995 6/25/2026
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: July 21, 2026
SUBJECT: Agreement with Provost & Pritchard Consulting Group ($148,200.00) to provide construction management and inspection services for the L-208 TCP Removal Project. (Ward 4)
RECOMMENDATION:
Staff recommend approval of the agreement
BACKGROUND:
The Water Department has several projects scheduled for construction in FY 2026-27. Several of these projects require construction management and inspection services beyond the capacity of current City staff. On January 21, 2026, City approved Resolution No. 009-2026 an On-Call Library of Professional Firms qualified to provide professional services, including but not limited to, Construction Management and Inspection Services. Six consulting firms submitted Statements of Qualifications for Construction Management and Inspection Services and were pre-qualified for these projects.
On July 7, 2026, Provost & Pritchard Consulting Group (P&P) submitted a proposal for construction management and inspection services for the L-208 TCP Removal project. This project includes the construction of a new treatment system to treat TCP for an existing municipal water well.
City staff recommend approving an agreement with P&P due to their strong qualifications and a competitive proposal. The agreement covers the full construction phase at a total cost not to exceed $148,200.00.
FISCAL IMPACT:
Sufficient funds are budgeted in the Water Resources Capital Improvement Budget within the Domestic Water Fund, therefore, no impact to the City General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Agreement
2. Exhibit A – Resolution No. 009-2026
3. Exhibit B - Proposal
RESOLUTION NO.
0 ® 2 ® 2 6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AN ON - CALL LIBRARY OF
PROFESSIONAL FIRMS QUALIFIED TO PROVIDE PROFESSIONAL
SERVICES INCLUDING STUDIES, SURVEYING AND MAPPING,
PLANNING, ARCHITECTURAL, ENGINEERING AND DESIGN,
PROJECT MANAGEMENT, AND CONSTRUCTION INSPECTION
SERVICES; AND. AUTHORIZING THE CITY MANAGER, OR
DESIGNEE( S), TO ENTER INTO AGREEMENTS WITH QUALIFIED
FIRMS IN ACCORDANCE WITH BAKERSFIELD MUNICIPAL CODE
SECTION 3. 20. 105.
WHEREAS, professional surveying, planning, architectural, engineering, and inspection services are frequently necessary for studies, projects, and programs within the City' s Five- year Capital Improvement Program; and WHEREAS, the Public Works Department, in conjunction with other City Departments (" Collectively " Departments"), desire to establish an on -call Library of Professional Firms ( hereinafter " Library") that identifies prequalified firms to perform professional services on various projects included in the City' s five-year Capital Improvement Program and other capital improvement activities that may arise; and WHEREAS, the development of a three ( 3) year Library provides Departments the opportunity to either immediately select a firm for a project or establish a brief, yet focused evaluation process amongst qualified firms, thereby establishing an alternative to the standard Request for Proposal ( RFP) process that can take up to three months to complete; and
WHEREAS, a three ( 3)- year uniform hourly rate schedule from each qualified firm for personnel and overhead costs allows Departments to simplify and streamline future individual Agreements with firms in the Library by focusing negotiated items on tasks and time; and
WHEREAS, nothing in this Resolution prevents or prohibits any City Department from conducting an individual project solicitation. by RFP or any other approved means of procurement; and
WHEREAS, authorization of Agreements under this Library will comply with Bakersfield Municipal Code Section 3.20. 105; and
WHEREAS, on September 18, 2025, staff issued a public notice informing professional surveying and mapping, architectural, and engineering firms of an opportunity to respond to a Request for Qualifications ( RFQ) process with the intent of qualifying multiple firms to assist the City with a broad range of projects that were listed and described within the solicitation; and
In
rn
0RIGlNA.L
WHEREAS, on October 30, 2025, thirty- three ( 33) firms responded to the City' s solicitation by formally submitting staff and firm qualifications and experience, numerous project references, and their hourly billing rate schedule, for consideration; and
WHEREAS, the City assembled an evaluation committee made up of the Recreation and Parks Department, Water Resources, Public Works Department to review submittals and qualifying firms by professional discipline; and WHEREAS, the evaluation committee met on November 21, 2025, and established recommendation criteria for the final Library, as listed in Exhibit A attached hereto and incorporated by reference herein; and
WHEREAS, the qualified firms in the Library have agreed to the Rate Schedule provided in their proposals and the terms of the Sample Agreement provided in the original RFQ;- and
WHEREAS, funding for agreements will be paid for through project budgets as approved or amended by City Council.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. This Resolution designates an on -call Library of Professional Firms ( Exhibit A) that have been competitively selected, deemed qualified by experience and expertise, and approved to enter into professional service agreements with the City.
3. The City Manager and/ or designee( s) are authorized to enter into agreements with qualified firms listed in the Library.
4. Agreements authorized between the City and firms in the Library shall comply with the Bakersfield Municipal Code Section 3. 20. 105.
5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval. 000----------
rn
REGI Vt".LQ
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on IAN 2 1 2026 , by the following vote:
V t-1
YE COUNCIL MEMBER ARIAS, GONZALEZ, WEIR SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
COUNCIL MEMBER VJ. Q,)- no
APPROVED IAN 2 12026
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By Gwr O
ASHL AMBRANO
Depu y City Attorney
AWA ftko
J LIE DRAMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
OOMG!'; AIC° '
4ct p
CC
CITY OF BAKERSFIELD, CALIFORNIA
Library of Qualified Professional
Program Management
Enterris Associates 5701 Truxtun Ave Suite 220 Bakersfield, CA 93309 Anh Case 714-423- 8171 anh. case@enterrisassociates. com Vanir Construction Management, Inc. 2444 Main St Suite 130 Fresno, CA 93721 Scott Murphy 559- 496- 0536 Scott. murphy@vanir. com Ardurra Group, Inc. 9100 Ming Ave Suite 202 Bakersfield, CA 93311 Dolores Salgado 661- 529- 2190 dsalgado@ardurra. com Construction Management & Inspections (roadway, structural, materials testing, etc.) CCME 6445 N Palm Ave Suite 106 Fresno, CA 93704 Bryan Kroeger 559- 367- 6262 bryan@ccmeusa. com Enterris Associates 5701 Truxtun Ave Suite 220 Bakersfield, CA 93309 Anh Case 714- 423- 8171 anh. case@enterrisassociates. com Vanir Construction Management, Inc. 2444 Main St Suite 130 Fresno, CA 93721 Scott Murphy 559- 496- 0536 scott. murphy@vanir. com 4 Creeks, Inc 324 S. Santa Fe Street Suite A Visalia, CA 93292 Lisa Wallis- Dutra 559- 802- 3052 lisawd@4- creeks. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com NV5, Inc. 2109 West Bullard Ave Suite 145 Fresno CA 93711 Jeff Pallesen 559- 661- 5220 Jeff.Pallesen@nv5. com Building Commissioning Services
Ordiz- Melby, Inc 5500 Ming Ave Suite 280 Bakersfield CA 93309 Jeannie Bertolaccini 661- 832- 5258 jbertolaccini@ordizmelby. com Journey Engineering, Inc. 872 Higuera St San Luis Obispo, CA 93401 Ian Journey 661- 331- 7520 irj@journey- eng. com AP Architects 3434 Truxtun Ave Suite 240 Bakersfield, CA 93301 Jose Vargas 661- 327- 1690 x101 jvargas@aparchitects. net Inland Architects 140119th St Suite 130 Bakersfield, CA 93301 Mike Hernandez 661- 321- 3440 x3 mike@inlandarchitects. com Ethosphere Studio 1800 21st St Suite B Bakersfield, CA 93301 Elizabeth Omelchenko 661- 344- 9016 ehernandez@ethospherestudio. com Urban Planning and Design
Moore lacofano Goltsman, Inc. ( MIG) 537 S. Raymond Ave Pasadena, CA 91105 Cindy Mendoza 626- 744- 9872 x2100 cindym@migcom. com Ordiz- Melby, Inc 5500 Ming Ave Suite 280 Bakersfield CA 93309 Jeannie Bertolaccini 661- 832- 5258 jbertolaccini@ordizmelby. com 4 Creeks, Inc 324 S. Santa Fe Street Suite A Visalia, CA 93292 Lisa Wallis- Dutra 559- 802- 3052 lisawd@4- creeks. com Enterris Associates 5701 Truxtun Ave Suite 220 Bakersfield, CA 93309 Anh Case 714- 423- 8171 anh. case@enterrisassociates. com Toole Design Group 742 South Hill St Suite 600 Los Angeles, CA 90014 Daniel David 213- 257- 8680 ddavid@tooledesign. com Alta 617 W 7th St Suite 1103 Los Angeles, CA 90017 Vincent Hellens 310- 756- 4055 vincenthellens@altago. com Kimley Horn 660 South Figueroa St Suite 2050 Los Angeles, CA 90017 Nicole Dias 213- 261- 4061 nicole. dias@kimley- horn. com DPSI 5351 Olive Dr Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Inland Architects 140119th St Suite 130 Bakersfield, CA 93301 Mike Hernandez 661- 321- 3440 x3 mike@inlandarchitects. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com Civil Engineering
4 Creeks, Inc 324 S. Santa Fe Street Suite A Visalia, CA 93292 Lisa Wallis- Dutra 559- 802- 3052 lisawd@4- creeks. com Enterris Associates 5701 Truxtun Ave Suite 220 Bakersfield, CA 93309 Anh Case 714- 423- 8171 anh. case@enterrisassociates. com Toole Design Group 742 South Hill St Suite 600 Los Angeles, CA 90014 Daniel David 213- 257- 8680 ddavid@tooledesign. com Alta 617 W 7th St Suite 1103 Los Angeles, CA 90017 Vincent Hellens 310- 756- 4055 vincenthellens@altago. com Kimley Horn 660 South Figueroa St Suite 2050 Los Angeles, CA 90017 Nicole Dias 213- 261- 4061 nicole. dias@kimley- horn. com Meyer Civil Engineering, Inc. 11200 River Run Blvd Suite 102 Bakersfield CA 93311 Aaron Meyer 661- 836- 9834 ameyer@meyerce. com MKN & Associates 1800 21st St Suite C Bakersfield, CA 93301 Josh Nord 661- 873- 4262 jnord@mknassociates. us Quad Knopf Inc. 5080 California Ave Suite 220 Bakersfield, CA 93309 Cathy Williams 661- 616- 2600 cathy. s. williams@qkinc. com DPSI 5351 Olive Dr Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com AECOM 5001 E. Commercenter Dr Suite 100 Bakersfield, CA 93309 Daniel Cronquist 661- 283- 2331 daniel. cronquist@aecom. com Ardurra Group, Inc. 9100 Ming Ave Suite 202 Bakersfield, CA 93311 Dolores Salgado 661- 529- 2190 dsalgado@ardurra. com Bedrock Engineering 10878 Highway 41 Madera, CA 93636 Michael Hartley 559- 645- 4849 michael@bedrockeng. com NV5, Inc. 2109 West Bullard Ave Suite 145 Fresno CA 93711 Jeff Pallesen 559- 661- 5220 Jeff.Pallesen@nv5. com Electrical Engineering
AECOM 5001 E. Commercenter Dr Suite 100 Bakersfield, CA 93309 Daniel Cronquist 661- 283- 2331 daniel. cronquist@aecom. com Ardurra Group, Inc.
4 Creeks, Inc
9100 Ming Ave Suite 202
Structural
324 S. Santa Fe Street Suite A
Bakersfield, CA
Engineering
Visalia, CA
93311 Dolores Salgado
93292 Lisa Wallis- Dutra
661- 529- 2190 dsalgado@ardurra. com
559- 802- 3052 lisawd@4- creeks. com
Structural Engineering Group_ Cornerstone 986 W. AI_luvial A_ve Suite 201. Fresno, CA_ 93711 Shawn Cullers 559- 320- 3200 scullers@cseg. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com AECOM 5001 E. Commercenter Or Suite 100 Bakersfield, CA 93309 Daniel Cronquist 661- 283- 2331 daniel. cronquist@aecom. com Ardurra Group, Inc. 9100 Ming Ave Suite 202 Bakersfield, CA 93311 Dolores Salgado 661- 529- 2190 dsalgado@ardurra. com NV5, Inc. 2109 West Bullard Ave Suite 145 Fresno CA 93711 Jeff Pallesen 559- 661- 5220 Jeff. Pallesen@nv5. com Transportation Engineering
4 Creeks, Inc 324 S. Santa Fe Street Suite A Visalia, CA 93292 Lisa Wallis- Dutra 559- 802- 3052 lisawd@4- creeks. com Enterris Associates 5701 Truxtun Ave Suite 220 Bakersfield, CA 93309 Anh Case 714- 423- 8171 anh. case@enterrisassociates. com Toole Design Group 742 South Hill St Suite 600 Los Angeles, CA 90014 Daniel David 213- 257- 8680 ddavid@tooledesign. com TJKM 4305 Hacienda Dr Suite 550 Pleasanton, CA 93301 Michael Todd Wood 661- 323- 4600 twood@dewaltcorp. com Alta 617 W 7th St Suite 1103 Los Angeles, CA 90017 Vincent Hellens 310- 756- 4055 vincenthellens@altago. com Kimley Horn 660 South Figueroa St Suite 2050 Los Angeles, CA 90017 Nicole Dias 213- 261- 4061 nicole. dias@kimley- horn. com DPSI 5351 Olive Dr Suite 100 1 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com AECOM 5001 E. Commercenter Dr Suite 100 Bakersfield, CA 93309 Daniel Cronquist 661- 283- 2331 daniel. cronquist@aecom. com Ardurra Group, Inc. 9100 Ming Ave Suite 202 Bakersfield, CA 93311 Dolores Salgado 661- 529- 2190 dsalgado@ardurra. com Mechanical Engineering ( e.g. HVAC, pumps, plumbing, etc.) Journey Engineering, Inc. 872 Higuera St I San Luis Obispo, CA 93401 Ian Journey 661- 331- 7520 irj@journey- eng. com Meyer Civil Engineering, Inc. 11200 River Run Blvd Suite 102 1 Bakersfield CA 93311 Aaron Meyer 661- 836- 9834 ameyer@meyerce. com DPSI 5351 Olive Dr Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com AECOM 5001 E. Commercenter Or
Quad Knopf Inc. 5080 California Ave
Suite 100
Suite 220
Bakersfield, CA
Bakersfield, CA
93309
93309
Daniel Cronquist
Cathy Williams
661- 283- 2331
661- 616- 2600
daniel. cronquist@aecom. com
cathy. s. williams@gkinc. com
DPSI 5351 Olive Or Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com Ardurra Group, Inc. 9100 Ming Ave
4 Creeks, Inc 324 S. Santa Fe Street
Suite 202
Suite A
Bakersfield, CA
Visalia, CA
93311
93292
Dolores Salgado
Lisa Wallis- Dutra
661- 529- 2190
559-802- 3052
dsalgado@ardurra. com
lisawd@4- creeks. com
Meyer Civil Engineering, Inc. 11200 River Run Blvd Suite 102 Bakersfield CA 93311 Aaron Meyer 661- 836- 9834 ameyer@meyerce. com MKN & Associates 1800 21st St Suite C Bakersfield, CA 93301 Josh Nord 661- 873- 4262 jnord@mknassociates. us Quad Knopf Inc. 5080 California Ave Suite 220 Bakersfield, CA 93309 Cathy Williams 661- 616- 2600 cathy. s. williams@qkinc. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com AECOM 5001 E. Commercenter Dr Suite 100 Bakersfield, CA 93309 Daniel Cronquist 661- 283- 2331 daniel. cronquist@aecom. com Geotechnical Services
Salem Engineering Group, Inc. 2809 Unicorn Rd Suite 103 Bakersfield, CA 93308 Jason Starnes 559- 271- 9700 jason@salem. net BSK Associates 4820 New Rosedale Ln Bakersfield, CA 93314 Adam Terronez 661- 327- 0671 aterronez@bskassociates. com SOILS Engineering, Inc. 4400 Yeager way Bakersfield, CA 93313 On Man Lau 661- 831- 5100 onman@soilsengineering. com DPSI 5351 Olive Dr Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Landscape Architecture ( Design, Planning, Studies)
Moore lacofano Goltsman, Inc. ( MIG) 537 S. Raymond Ave Pasadena, CA 91105 Cindy Mendoza 626- 744- 9872 x2100 cindym@migcom. com Alta 617 W 7th St Suite 1103 Los Angeles, CA 90017 Vincent Hellens 310- 756- 4055 vincenthellens@altago. com Kimley Horn 660 South Figueroa St Suite 2050 Los Angeles, CA 90017 Nicole Dias 213- 261- 4061 nicole. dias@kimley- horn. com Meyer Civil Engineering Inc 11200 River Run Blvd Ste 102 Bakersfield CA 93311 Richard Meyer 661- 836- 9834 rmeyer@meyerce. net Quad Knopf Inc. 5080 California Ave Suite 220 Bakersfield, CA 93309 Cathy Williams 661- 616- 2600 cathy. s. williams@qkinc. com NV5, Inc. 2109 West Bullard Ave Suite 145 Fresno CA 93711 Jeff Pallesen 559- 661- 5220 Jeff.Pallesen@nv5. com Survey & Mapping Services ( Geographic Information Systems) 4 Creeks, Inc 324 S. Santa Fe Street Suite A Visalia, CA 93292 Lisa Wallis- Dutra 559- 802- 3052 lisawd@4- creeks. com Meyer Civil Engineering, Inc. 11200 River Run Blvd Suite 102 Bakersfield CA 93311 Aaron Meyer 661- 836- 9834 ameyer@meyerce. com KSI Engineering, Inc. 6205 District Blvd Bakersfield, CA 93313 Mathew Lanzer 661- 619- 0144 mlanzer@ksilp. com Quad Knopf Inc. 5080 California Ave Suite 220 Bakersfield, CA 93309 Cathy Williams 661- 616- 2600 cathy. s. williams@qkinc. com DPSI 5351 Olive Dr Suite 100 Bakersfield, CA 93309 Scott Radsick 661- 371- 2800 sradsick@dpsiinc. com Provost & Pritchard Engineering Group Inc. 1518 Mill Rock Way Suite 100 Bakersfield, CA 93311 Ian Parks 661- 616- 5900 iparks@ppeng. com Bedrock Engineering 10878 Highway 41 Madera, CA 93636 Michael Hartle 559- 645- 4849 michael@bedrockeng. com 1518 Mill Rock Way, Suite 100, Bakersfield, CA 93311-1351 • Tel: (661) 616-5900 www.provostandpritchard.com
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID July 7, 2026
Fernando Montes
City of Bakersfield – Water Department
1000 Buena Vista Road
Bakersfield, CA 93311
Subject: Construction Management and Inspection Services for L-208 TCP Removal Project (City Project No. 25WDWR06), Bakersfield, California
Dear Mr. Montes:
Thank you for the opportunity to submit this proposal to provide construction management and inspection services for the City of Bakersfield’s (City) L-208 TCP Removal Project (Project). This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
The City of Bakersfield is rehabilitating existing granular-activated carbon (GAC) vessels at the L-208 Well site to treat 1,2,3-Trichloropropane (TCP). Ardurra, Inc. (Engineer) prepared the Project design and specifications and will continue to provide engineering services to the City during construction.
The City has requested a Fee Proposal from Provost & Pritchard Consulting Group (P&P) for construction management and inspection services (CM & IS) for the duration of the Project.
SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into two phases, described below.
PHASE CADM: CONSTRUCTION ADMINISTRATION
P&P will provide the following services during the construction of the Project under this phase:
Project management;
Construction Document Review;
Preconstruction meeting and weekly construction status update meetings; Oversight and Coordination with compaction and concrete testing consultant, Soils Engineering, Inc. (SEI); (3soil tests and 4 concrete tests assumed) – minor structures and buried piping; Submittal and Contractor Request for Information (RFI) coordination and tracking; Review Contractor Change Order Requests (CORs), prepare a comparison construction cost estimate for construction changes (if applicable), provide recommendations to the City, and prepare Contract Change Order (CCO) documentation (if applicable);
Review Contractor pay requests and make recommendations to the City for payment; City of Bakersfield – Water Department July 7, 2026
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Review and maintain records to confirm Equal Employment Opportunity (EEO) requirements are performed and documented and spot check certified payrolls against prevailing wages; Coordinate with Contractor and Engineer to prepare and complete Project Record Drawings; and, Prepare a Final Project Deliverable including copies of all pertinent correspondence, memorandums, calculations, pictures, reports, and other information pertinent to the Project in electronic format.
PHASE COBS: CONSTRUCTION OBSERVATION
P&P will provide the following services during the construction of the Project under this phase:
Construction Observation, including:
o Oversee quality control and equipment testing;
o Confirm materials and equipment adhere to the Project Plans and Specifications, and approved submittals;
o Review all inspection and test certificates / reports; o Schedule and oversee laboratory testing activities and special inspection activities; o Verify construction is in conformance with Project Plans and Specifications; and, o Maintain inspection and construction reports delivered to the City on weekly intervals. o Regularly review Contractor As-Builts to confirm field conditions and changes are documented.
Coordinate vessel lining and coating testing and inspection with contractor and owner per contract specifications; inspections will be conducted by certified inspection agency contracted directly with the contractor and approved by the Engineer; inspection will be completed in the presence of the City’s representative.
Coordinate, attend, and document GAC loading, conditioning, and startup with contractor and City per contract specifications
Coordinate, attend, and document equipment start-up and testing with the City, California Water Service (CWS), and Contractor;
Coordinate, attend, and document On-site Acceptance Testing and Training with City, Engineer, manufacturer (and test agent), CWS, and Contractor;
Coordinate, attend, and document Punch List Walkthrough with the City, CWS, Engineer, and Contractor; and
Coordinate, attend, and document Final Inspection and Approval with the City, CWS, Engineer, and Contractor, and prepare Notice of Completion.
PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services in this Phase on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our Total Estimated Fee without additional authorization.
PROPOSED FEE
PHASE ESTIMATED FEE
Phase CADM: Construction Administration $38,700
Phase COBS: Construction Observation $109,500
Total Estimated Fee: $148,200
The line items shown above are estimates and are not intended to limit billings for any given Phase. Required Phase effort may vary up or down from the line-item estimates shown, however total billings will not exceed City of Bakersfield – Water Department July 7, 2026
Construction Management and Inspection Services for L-208 TCP Removal Project (City Project No. 25WDWR06) Page 3 of 4 Job No.: P#26-499
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the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner or Engineer, we will prepare a revised estimate of our fees for your approval before we proceed.
SCHEDULE
Once we receive an executed copy of this Proposal and are authorized to proceed, we can begin coordination with the selected Contractor immediately when the Notice of Award is provided. The schedule will coincide with the Contractor’s construction schedule and the Project completion date specified in the Notice to Proceed provided to the Contractor. Contract construction duration is 260 working days.
ASSUMPTIONS
This proposal is time and materials and is based on the following assumptions for the effort that will be required. If additional quantities of documentation or days of observation are required, additional budget may be needed to cover the cost of the additional effort.
Field observation will be conducted at prevailing wage rate(s) as required by the Department of Industrial Relations for work on a public works project. Contractor safety oversight is not included in the scope of work. No building or encroachment permits are required so coordination with Agencies Having Jurisdiction is not included in the scope of work.
Engineer will review submittals, provide responses to RFIs, and provide responses to design-related questions / revisions.
P&P will contract directly with the soils and materials testing laboratory and will coordinate with them for testing and inspections.
Observations will be provided periodically at a frequency necessary to confirm compliance with the contract documents. For the purpose of this proposal, the following observation hours have been assumed:
a. Regular: an average of 10 hours per week for 40 weeks (400 total hours) b. Electrical, Instrumentation and Controls: 8 hours
c. Vessel coating: 16 hours
d. GAC loading, conditioning and startup: 10 hours
Initial Vessel Coatings will have only minor deficiencies to be corrected; should major recoating, inspection, and testing be required after initial coating effort, additional budget may be required to provide observation and coordination of the efforts.
There will be twenty (20) bi-weekly construction meetings conducted, including preparation of agendas and meeting minutes.
Coordination and tracking of up to twenty (20) submittals and resubmittals and up to ten (10) RFIs. Review of up to five (5) Contractor CORs and preparation of two (2) CCOs. Review ten (10) Contractor pay requests and corresponding recommendations to the City. P&P is not certified to provide labor compliance monitoring as defined by the State Department of Industrial Relations. We will collect payroll records from the contractor and confirm that they are submitting them to the State. We will spot check them against the daily inspection reports to compare observed labor and equipment listings. Wage-rate employee interviews are not included in the scope of work. Should you require full labor compliance monitoring, P&P can hire a subconsultant for an additional fee.
City of Bakersfield – Water Department July 7, 2026
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ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
Construction staking of proposed improvements.
Assistance with SWRCB-DDW Water Supply Permit Amendment. Biological monitoring and reporting in compliance with California Environmental Quality Act (CEQA). Storm Water Pollution Prevention Plan (SWPPP) monitoring and reporting in compliance with State Water Resources Control Board (SWRCB) Construction General Permit. Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures, or requirements after the date of this agreement. Payment of all permit and inspection fees and all other similar charges not specifically covered by the terms of this agreement.
TERMS AND CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal, please provide an Agreement for our review and execution. This proposal is valid for 30 days from the date above.
Respectfully,
Provost & Pritchard Consulting Group
Jeane Hill, RCE 60012 Jeffrey Eklund, RCE 75680
Principal Project Manager Director of Operations
Jeffrey Eklund, RCE 75680
Assistant Engineer $ - 156.00 128.00 $
Associate Engineer $ - 180.00 149.00 $
Senior Engineer $ - 225.00 188.00 $
Principal Engineer $ - 295.00 235.00 $
Associate Structural Engineer $ - 178.00 148.00 $
Senior Structural Engineer $ - 225.00 187.00 $
Principal Structural Engineer $ - 275.00 235.00 $
Assistant Electrical,I&C Engineer $ - 162.00 134.00 $
Associate Electrical,I&C Engineer $ - 200.00 170.00 $
Senior Electrical,I&C Engineer $ - 250.00 210.00 $
Principal Electrical,I&C Engineer $ - 300.00 260.00 $
Assistant Specialist $ - 127.00 107.00 $
Associate Specialist $ - 163.00 133.00 $
Senior Specialist $ - 208.00 170.00 $
Principal Specialist $ - 278.00 218.00 $
Assistant Biologist $ - 123.00 108.00 $
Associate Biologist $ - 155.00 128.00 $
Senior Biologist $ - 184.00 162.00 $
Principal Biologist $ - 232.00 192.00 $
Assistant Geologist/Hydrogeologist $ - 142.00 117.00 $
Associate Geologist/Hydrogeologist $ - 172.00 148.00 $
Senior Geologist/Hydrogeologist $ - 212.00 182.00 $
Principal Geologist/Hydrogeologist $ - 262.00 222.00 $
Principal Tunneling Consultant $ - 288.00 258.00 $
Assistant Planner $ - 130.00 110.00 $
Associate Planner $ - 158.00 137.00 $
Senior Planner $ - 193.00 165.00 $
Principal Planner $ - 231.00 201.00 $
Assistant Technician $ - 113.00 96.00 $
Associate Technician $ - 144.00 120.00 $
Senior Technician $ - 178.00 150.00 $
Associate Construction Manager $ - 166.00 146.00 $
Senior Construction Manager $ - 197.00 173.00 $
Principal Construction Manager $ - 237.00 207.00 $
Construction Inspector (PW) $ - 228.00 183.00 $
Construction Inspector - OT (PW) $ - 278.00 233.00 $
Construction Inspector - Dbl OT (PW) $ - 305.00 260.00 $ $ 250.00 $295.00 Administrative Assistant $ - 106.00 86.00 $
Project Administrator $ - 126.00 100.00 $
Senior Project Administrator $ - 216.00 134.00 $
Intern $ - 91.00 76.00 $
Assistant Surveyor $ - 153.00 122.00 $
Licensed Surveyor $ - 213.00 173.00 $
Prev Wage OT (1)
1 Man Survey Crew $ 280.00 215.00 $
2 Man Survey Crew $ 380.00 335.00 $
Mileage IRS value + 15%
Outside Consultants Cost + 15%
Direct Costs Cost + 15%
SURVEYING SERVICES:
External Use
STANDARD FEE SCHEDULE - Effective 1/1/2026
The rates outlined herein are effective for the period January 1, 2026 through December 31, 2026. Such rates will be adjusted annually on January 1 of each subsequent year.
Such adjustment shall be mutually agreed upon by the Client and Consultant and shall be reflective of then current market conditions.
ENGINEERING STAFF: Fee Range
SPECIALISTS:
PLANNING STAFF
TECHNICAL STAFF:
CONSTRUCTION SERVICES:
SUPPORT STAFF:
PROJECT COSTS:
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern Counties, other counties as quoted.
Prev. Wage (1)
$ 255.00
$ 360.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate) EXPERT WITNESS / GIS TRAINING: As quoted.
TRAVEL TIME (for greater than 1 hour from employee’s base office): $100/hr (unless the individual's rate is less)
CITY OF BAKERSFIELD WATER DEPARTMENT
L-208 TCP Removal Project - CM & IS Services
FEE ESTIMATE
Task No. Task
Principal
Engineer III
Principal
Engineer II
Principal
Engineer I
Senior
Specialist II
Assistant
Engineer IV
1 man Const
Inspector Gr
1 Prevail
1 man Const
Inspector Gr
2 Prevail
Project
Administrat
or V Labor Totals Sub-cons. Fee
Mileage/
Reimb. Costs Total Fee
Hourly Rate: $255 $245 $235 $178 $149 $183 $193 $126 15% 15% 1 Construction Admin (CADM)
1.01 Project Management 16 16 $5,936 $0 $0 $5,936
1.02 Construction Document Review 8 4 8 $3,784 $0 $0 $3,784
1.03 Preconstruction & Biweekly Meetings (40 weeks) 14 34 $8,356 $0 $0 $8,356
1.04 Submittal Coordination & Tracking (20 assumed) 5 10 5 $3,295 $0 $0 $3,295
1.05 RFI Coordination & Tracking (10 assumed) 3 10 3 $2,393 $0 $0 $2,393
1.06 Review CORs (5 assumed) and Provide Recommendation, Prepare CCO (2 assumed) 7 14 2 $3,952 $0 $0 $3,952
1.07 Review Contractor Pay Requests (10 assumed) 3 10 20 10 $7,203 $0 $0 $7,203
1.08 Certified Payroll Review (9 months) 9 $1,134 $0 $0 $1,134
1.09 Record Drawing Coordination 1 2 4 $1,311 $0 $0 $1,311
1.10 Final Project Deliverable 4 6 $1,352 $0 $0 $1,352
0 20 49 4 104 0 0 50 0
Task 1 CADM Fee Subtotal $0 $4,778 $11,398 $712 $15,496 $0 $0 $6,332 $0 $38,715 $0 $0 $38,715 2 Construction Observation (COBS)
2.01 Construction Inspection (10 hrs/wk for 40 wks) -
Prevailing Wage 8 400 $74,624 $10,638 $2,068 $87,329
2.02 Tank Coating Inspections (2 full days) 16 $2,928 $0 $0 $2,928
2.03 Daily Inspection/Construction Report & Weekly Submittal (80 days, 2d/w for 40 weeks) 40 20 $8,480 $0 $0 $8,480
2.04 Coordinate, Attend, and Document GAC loading,
conditioning, and Startup 4 6 $2,038 $0 $17 $2,055
2.05 Coordinate, Attend and Document Startup and Testing 4 4 8 $3,116 $0 $200 $3,316
2.06 Coordinate, Attend and Document Punch List
Walkthrough 4 4 8 $3,116 $0 $217 $3,333
2.07 Coordinate, Attend, Document Final Inspection 4 6 $2,038 $0 $17 $2,055 0 0 16 16 40 444 0 20 0
Task 2 COBS Fee Subtotal $0 $0 $3,760 $2,848 $5,960 $81,252 $0 $2,520 $0 $96,340 $10,638 $2,518 $109,495 Project Hour Subtotals 0 20 65 20 144 444 0 70 0 762
Project Fee Subtotals $0 $4,778 $15,158 $3,560 $21,456 $81,252 $0 $8,852 $0 $135,055 $10,638 $2,518 $148,210 \\EgnyteDrive\Docs\Marketing\Proposals\2026\City of Bakersfield-L-208 TCP Removal CM and IS Services 26-499\Working Drafts\2026 Fee Estimate_L-208 TCP Removal CM and IS Services 26-499.xlsx Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 14, 2026
SUBJECT: Final Map and Improvement Agreement with Summit Capital Ventures, Inc. for Tract 7405 Phase 3.
Developer is requesting to enter into an agreement so the final map for Tract 7405 Phase 3 located northwest corner of E. Panama Lane and Cottonwood Road can be approved and recorded (Ward 1).
RECOMMENDATION:
Staff recommends approval of the Final Map and Improvement Agreement.
BACKGROUND:
Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7405 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Summit Capital Ventures, Inc., wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.
The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.
FISCAL IMPACT:
There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Tract 7405-3 – Final Map
2. Tract 7405-3 – Improvement Agreement
3. Tract 7405-3 – Vicinity Map
4. Tract 7405-3 – Covenants
KERN COUNTY
KERN COUNTY
KERN COUNTY
ISLINGTON
CT
KIRKLEES CT
LEO ST
ESTAVEZ ST CRAWLEY
CT
GUERRERO AVE
SAMAN
ST
EZEQUIE
L
C
T
ZARAGOZA
DR
WARWICKSHIRE AVE
HARTLEPOOL AVE
AJOONI
CT MERSEYSIDE CT
RUGBY CT
STOVER
AVE
BUCKLEY AVE
MALIBAR AVE
KIRK ST
GOWDY LN
SALAZAR AVE
DON ST
FARREL
AVE
WAGNER ST
BOHANNAN AVE
CLAYTON ST
CANDIA AVE
CORREGIDORA AVE
KIDLINGTON CT
GUADALUPE AVE
BURCHFIELD AVE
NEW ZEALAND DR
CRESCENT SCHOOL DR
SPARKS ST
E FAIRVIEW RD MADISON ST MADISON ST
COTTONWOOD RD COTTONWOOD RD
E PANAMA LN E PANAMA LN
T6397
T6712
REXLAND ACRES
PARK
ARVIN-EDISON CANAL
CENTRAL BRANCH CANAL
Fairview
Elementary
School
Crescent Elementary
School and
Middle School
Del Oro
7405 High School
CITY LIMIT
CITY LIMIT
CITY LIMIT
Copyright nearmap 2015
2022_04_01_T7405
0 300 600
Feet
VTTM 7405
CITY OF BAKERSFIELD
AERIAL
VICINITY MAP
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 15, 2026
SUBJECT: Transportation Impact Fee credit agreement with Encanto Holdings, LP and South Allen Partners, LLC
(not to exceed $49,990.32) for tract 7334 Phase 2 located at the northeast corner of South Allen Road and Panama Lane (Ward 5)
RECOMMENDATION:
Staff recommends approving the agreement.
BACKGROUND:
The Metropolitan Bakersfield Transportation Impact Fee program assures that new development bears a proportionate share of the cost of capital expenditures necessary to provide a regional transportation system consistent with the Circulation Element of the Metropolitan Bakersfield General Plan. Funds collected from transportation impact fees are used for the purpose of capital improvements to the transportation facilities contained within the Regional Transportation Facilities (RTI F) List. The Phase III RTIF list was adopted December 17, 2008 (Resolution 218-08). Such improvements shall be of the type as are made necessary by new development, including, but not limited to widening of roadways or installation of a traffic signal. No funds generated by the program are used for periodic or routine maintenance.
When a developer is required to construct an improvement that is on the Regional Transportation Facilities List, the developer is eligible to receive a credit against the traffic impact fees for that project.
The developer must submit a credit request, project description, and a complete cost estimate consistent with the unit costs established by the facilities list.
As a requirement of development of Tract Map 7334, Encanto Holdings, LP and South Allen Partners, LLC have constructed Panama Lane to full 1/2 width from Tract 7334 Phase 2 west boundary to the Phase 2 east boundary. The City has listed these improvements on the Phase III Regional Facilities List as required facilities for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan. The City has budged $49,990.32 for the construction of these improvements. Encanto Holdings, LP and South Allen Partners, LLC wish to receive a transportation impact fee credit (not to exceed $49,990.32) for the construction of the abovelisted improvement. The credit will be applied to Tract 7334 Phases 1 and 2, as listed on Exhibit C.
FISCAL IMPACT:
The credit is given to cover future transportation impact fees in exchange for work completed by the developer that is on the Regional Transportation List. There is no impact to the City’s General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
TIF Credit Agreement
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gary Hallen, Assistant City Manager
DATE: July 24, 2026
SUBJECT: Purchase agreement and Farming Lease with Bolthouse Land Company, LLC ($600,480) for the purchase of future right-of-way located south of Stockdale Hwy East of Nord (Ward 5)
RECOMMENDATION:
Staff recommends approval of the agreement and lease.
BACKGROUND:
The Westside Parkway (Hwy 58) provides a major east/west route through the western portion of Metropolitan Bakersfield, an element of the network that connects State Route (SR) 99 with Interstate
5. This freeway reduces traffic congestion on SR 99 and provides a link from SR 99 to Interstate 5. Long term plan is to continue Westside Parkway west along the Cross Valley Canal and connect at Interstate
5. As Bolthouse and other landowners in the area develop the land in the future freeway path the City is purchasing the needed right-of-way for corridor preservation.
The City has purchased the future right-of-way from Stockdale Highway west past Wegis Ave.. The City is now proposing the purchase of approximately 7.376 acres of land for the next section of the future right-of-way west of Wegis Ave. to Nord Ave. Purchasing the property now alleviates the potential development of the subject property and the need to acquire fully developed land at a later date.
The purchase price represents the property's fair market value as established by an independent appraisal prepared by Merriman, Hurst & Associates.
In addition, Bolthouse currently has farming operations on this land and the surrounding land. This Farming lease will allow Bolthouse Land Company to continue farming util such time as their development surrounding it is complete. It is in the City’s best interest to allow Bolthouse to continue farming operations until the area is fully developed. This generates cost savings to the City by alleviating the need to maintain the property long term until it is eventually needed for the project.
Development Services Department, Planning Division, completed a General Plan Review (65402) and found this project consistent with the Metropolitan Bakersfield 2010 General Plan.
FISCAL IMPACT: There are currently adequate funds budgeted in the Transportation Development Fund for the acquisition
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Purchase Agreement
2. Farming Lease
PAGE 1
LEASE AGREEMENT NO. _______________
FARMING LEASE
This FARMING LEASE (“Lease”) is entered into and shall be effective on _______________, (the “Effective Date”) by and between the CITY OF BAKERSFIELD, a California municipal corporation (“Landlord”), and BOLTHOUSE LAND COMPANY, LLC, a California limited liability company (“Tenant”). Landlord and Tenant are singularly referred to as a “Party” and collectively referred to as the “Parties”.
1. Description of the Premises. Landlord leases to Tenant and Tenant leases from Landlord, on the terms and conditions herein, the property set forth in Exhibit “A”, and as shown on the drawing marked Exhibit “B,”, attached hereto and incorporated herein by reference (hereinafter the “Premises”).
2. Term. The term of this Lease shall commence on the Effective Date and shall remain in full force and effect until the “Termination Date” as hereinafter defined, unless earlier terminated in writing by Tenant at Tenant’s sole discretion (such period being hereafter referred to as the “Term”). For purposes of this Lease, the following terms shall have the following meanings: (i) “Termination Date” shall mean the earlier of that date which is nine (9) months following Landlord’s written notice to Tenant that Landlord intends to terminate this Lease and commence Construction Activities on the Premises or twelve (12) months following Landlord’s written notice to Tenant that Landlord intends to terminate this Lease for any other reason, (ii) “Construction Activities” shall mean the soliciting/advertising for bids for construction on the Premises for the Westside Parkway, and (iii) “Westside Parkway” shall mean physical roadway and related improvements on the Premises for the Westside Parkway, as identified in the City of Bakersfield’s Specific Plan Line Reservation for the Kern River Freeway Alignment, now referred to as the Westside Parkway, adopted by Resolution No. 138-91 on July 17, 1991.
3. Purpose. Tenant shall utilize the Premises only for planting, growing, and harvesting of agricultural crops and incidental uses thereto and for access, ingress and egress to and from Tenant’s lands lying adjacent to the Premises.
4. No Rent Payable. The consideration for the lease shall be the duty to maintain the Premises, including but not limited to, removal of all trash, debris and tumbleweeds, etc. and the payment of all costs associated therewith.
Accordingly, Tenant shall not be required to pay rent to Landlord for or in connection with this Lease.
Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 2
5. Improvements. Landlord acknowledges that Tenant or Tenant’s subtenant owns all farming improvements and equipment located on the Premises, including below-ground and above-ground irrigation improvements and equipment located on or used to irrigate the Premises, including well casing, tubing, submersible pumps and other below-ground improvements and equipment, motors, pumps, wellheads, gearheads, valves, controls, tanks, diverters, irrigation pipelines and systems, and other above-ground improvements and equipment, including any replacement improvements and equipment which Tenant or Tenant’s subtenant hereafter places on or affixes to the Premises during the term of this Lease (collectively, “Farming Improvements and Equipment”). Landlord agrees that Tenant or its subtenant, as applicable, shall have the right to remove and retain such Farming Improvements and Equipment upon or before the termination of this Lease, provided that neither Tenant nor Tenant’s subtenant shall have the obligation to remove the same. Any Farming Improvements and Equipment which Tenant is not required to remove or cause to be removed from the Premises, and which are not so removed as of the termination of this Lease, shall be deemed to have been abandoned by Tenant and Tenant’s subtenant, and Landlord shall thereafter have the right to remove and dispose of the same at Landlord’s cost.
6. Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Tenant in the performance of, or in any way arising from, the terms and provisions of this Lease whether or not caused in part by a party indemnified hereunder, except for Landlord’s sole active negligence or willful misconduct.
7. Insurance. In addition to any other insurance or bond required under this Lease, Tenant shall procure and maintain for the duration of this Lease the following types and limits of insurance ("basic insurance requirements" herein):
7.1. Automobile liability insurance. Providing coverage for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
7.1.1. Provide coverage for owned, non-owned and hired
autos.
7.2. Commercial general liability insurance. Unless otherwise approved by Landlord’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 3
and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
7.2.1. Provide contractual liability coverage for the terms of this Lease.
7.2.2. Provide products and completed operations coverage.
7.2.3. Contain an additional insured endorsement in favor of Landlord, its mayor, council, officers, agents, employees and volunteers.
7.2.4. All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by Landlord, Tenant may utilize a Self-Insured Retention provided that the policy shall 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.
7.3. Workers' compensation insurance. with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of Landlord, its mayor, council, officers, agents, employees and volunteers.
7.4. All policies required of the Tenant shall be primary insurance as to Landlord, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by Landlord, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of Tenant’s insurance and shall not contribute with it.
7.5. Except for workers’ compensation, insurance is to be placed with insurers with a Best’s rating as approved by Landlord’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 Lease, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Lease and approved by Landlord in writing.
7.6. Unless otherwise approved by Landlord’s Risk Manager, all policies shall contain an endorsement providing Landlord with thirty (30) day’s written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to Landlord on demand.
Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 4
7.7. The insurance required hereunder shall be maintained until all work required to be performed by this Lease is satisfactorily completed as evidenced by written acceptance by Landlord.
7.8. Tenant shall furnish Landlord’s Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required.
7.9. All premiums which Tenant is required to pay on all the insurance described herein shall be the responsibility of the Tenant, without the right to demand or receive any contribution or consideration therefor from Landlord.
7.10. It is further understood and agreed by Tenant that its liability to Landlord shall not in any way be limited to or affected by the amount of insurance obtained and carried by Tenant in connection with this Lease.
7.11. Unless otherwise approved by Landlord, if any part of the work under this Lease is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if Landlord has approved lesser insurance requirements for Tenant.
8. Farming Practices. All operations incident to the permitted uses of the Premises shall be carried out in accordance with customary husbandry and cultural practices utilized in the vicinity of the Premises.
9. Utilities. Tenant shall pay all electric and other utility bills, for service supplied for Tenant’s use of the Premises in a timely fashion and where feasible Tenant shall put the accounts in Tenant's name.
10. Expenses. Tenant shall, at its own risk and expense, provide and promptly pay for all labor, water, fertilizer, farm implements, seed, building maintenance, and other materials and services of whatever kind or nature which may be used for the planting, cultivation, irrigation, production, and harvesting of crops and other permitted uses and maintenance of the Premises and Landlord shall not be liable for any part thereof, except as specifically set forth in this Lease.
11. Water. Tenant shall have the use of all rights to water for farming the Premises or adjacent property owned by Tenant and shall pay any and all costs associated therewith, including, but not limited to assessments, fees, etc. levied by others.
12. Compliance with Law. In all operations under this Lease, or on the Premises, Tenant shall, at its own expense, promptly comply in all material respects Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 5
with any and all laws, ordinances, rules, regulations and requirements whatsoever, present or future of the national, state, county or municipal government which in any way, apply to the use, maintenance, occupation and/or operations of the Premises or activities incidental thereto.
13. Notices. Any notice to be given to either party by the other shall be in writing and shall be served upon either personally or by registered certified mail addressed as follows:
Landlord: CITY OF BAKERSFIELD
Attn: Property Management
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
Tenant: BOLTHOUSE LAND COMPANY, LLC
Attention: Executive VP of Development
11601 Bolthouse Drive, Suite 200
Bakersfield CA 93311
14. Binding Effect. This Agreement shall inure to the benefit of and be binding upon each party’s respective parent, subsidiary or affiliated organizations, agents, members, managers, directors, officers, partners, successors, and all other acting for, under, or in concert with such parties.
15. Severability and Construction. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable, shall not cancel or invalidate the remainder of such provision or this Lease, which shall remain in full force and effect. However, the parties will use their best efforts to add a provision to this Lease which will, to the extent legally possible, carry out the intent of any invalidated provision. Further, this Lease shall not be construed against either party since its terms were negotiated equally by the parties.
16. Modification. This Agreement may not be altered, amended, or modified in any respect, except by a writing duly executed by all the parties.
17. Time is of the Essence. Time is hereby expressly declared to be of the essence in this Lease and all terms and conditions herein.
18. Headings. Headings are for convenience of the parties only and do not form a part of this Agreement.
Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 6
19. Separate Counterparts. This Lease may be executed in two (2) separate counterparts, each of which, when so executed, shall be deemed to be an original and to constitute the one and same contract.
20. Assignment / Subletting / Interpretation. Tenant shall have the right to assign its rights and obligations under this Lease, or to sublease the Premises, to Wm.
Bolthouse Farms, Inc., a Michigan corporation or any of its affiliated entities, effective upon written notice thereof given by Tenant to the City. Except as set forth hereinabove, Tenant shall not have the right to assign any portion of its rights and obligations under this Lease, and/or to sublease the Premises or any portion thereof, to a third party, without Landlord’s written consent, which shall not be unreasonably withheld. In the event of such an assignment or sublease, from and after the effective date thereof, Tenant shall be released from Tenant’s obligations and liability under this Lease, and the assignee or subtenant, as applicable, shall be thereafter solely responsible for such obligations and liability. All references in this Lease to “Landlord” and/or “Tenant”, shall include and be deemed as references to such parties and their respective successors and assigns. Without limiting the generality of the foregoing, all references herein to “Tenant” shall include and be deemed as references to Tenant’s subtenants, and/or leasehold assignees, as applicable.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed, the day and year first-above written.
“LANDLORD” “TENANT”
CITY OF BAKERSFIELD, BOLTHOUSE LAND COMPANY, LLC,
By: By:
KAREN GOH BRET M. NIELSEN
Mayor Chief Operating Officer
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: __________
(Signatures continue on following page)
Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 PAGE 7
APPROVED AS TO CONTENT:
By:____________________________
ZACHARY MEYER
Public Works Director
COUNTERSIGNED:
By:__________________________
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Illustration
Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Docusign Envelope ID: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Certificate Of Completion
Envelope Id: 8DEAF13A-2D5F-8C95-83FD-38B42E975949 Status: Sent Subject: Complete with Docusign: full Lease with Exhibits.pdf Source Envelope:
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[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
7/22/2026 2:41:31 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Bret M. Nielsen
[email protected]
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Luis Topete
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Jena Covey
[email protected]
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Bret M. Nielsen, Jena Covey
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Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.
-- Page 1 of 11 Pages --
AGREEMENT NO. _______________
PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS FOR THE SALE OF REAL PROPERTY BY
AND BETWEEN THE CITY OF BAKERSFIELD AND
BOLTHOUSE LAND COMPANY, LLC.
THIS AGREEMENT is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“BUYER” herein), and BOLTHOUSE LAND COMPANY, LLC., a California limited liability company (“SELLER” herein).
R E C I T A L S :
WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for purchase by BUYER of The Property and improvements thereon described in Exhibit “A,” and as shown on the drawing marked Exhibit “B,” (the “Property”) attached hereto and incorporated herein by this reference; and
WHEREAS, The Property consists of 7.376 gross acres, of which 0.704 acres is subject to dedication for future roadway purposes; and WHEREAS, it is the intent of the parties that the purchase price is to include any and all claims for compensation and/or payment arising from this acquisition,
NOW, THEREFORE, incorporating the above recitals herein, BUYER and SELLER mutually agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase The Property in accordance with all the covenants and conditions set forth in this Agreement.
2. PURCHASE PRICE. The purchase price of SIX HUNDRED
THOUSAND FOUR HUNDRED AND EIGHTY DOLLARS ($600,480) represents The Property’s fair market value as established by an appraisal prepared by Merriman, Hurst & Associates. The amount set forth herein above includes any and all claims by SELLER for compensation arising from this transaction, including, but not limited to, any future claim for farming losses attributable to BUYER’s commencement of construction of the Westside Parkway, as provided below.
2.1 Farming Lease Rights. At the close of escrow, SELLER and BUYER shall enter into a farming lease permitting SELLER, its successors and assigns, including SELLER’s tenants and tenant’s subtenants to use The Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 2 of 11 Pages --
Property for farming and related incidental uses for the term and on the terms and conditions set forth in the farming lease form which is attached hereto as Exhibit “C” (the “Farming Lease”).
3. EXCLUDED PERSONAL PROPERTY & WATER WELL. BUYER and
SELLER acknowledge and agree that The Property shall be conveyed to BUYER at the closing subject to certain continuing rights and interests of Seller, as are more particularly set forth in this Section.
3.1 Excluded Personal Property BUYER acknowledges that
SELLER and/or SELLER'S farming tenant owns all farming improvements and equipment located on The Property, including below-ground and aboveground irrigation improvements and equipment located on or used to irrigate The Property, including well casing, tubing, submersible pumps and other below-ground improvements and equipment, motors, pumps, wellheads, gearheads, valves, controls, tanks, diverters, irrigation pipelines and systems, and other above-ground improvements and equipment, including any replacement improvements and equipment which SELLER or its farming tenant hereafter places on or affixes to The Property (collectively, the Farming Improvements and Equipment"), BUYER agrees that following the closing, SELLER (and SELLER's farming tenant, as applicable) shall retain the right to use, maintain, repair and replace the Farming Improvements and Equipment on The Property; provided that upon or before the expiration of six (6) months following BUYER's written notice to SELLER notifying SELLER that BUYER intends to commence construction of improvements for the West Beltway on portions of The Property where the Farming Improvements and Equipment are located (in each case, a "Removal Date"), SELLER shall have the right, but not the obligation (except as expressly stated to the contrary in Section 3.2 below), at SELLER's cost, to remove or cause to be removed any Farming Improvements and Equipment from said portions of The Property. "Construction Activities" shall mean the soliciting/advertising for bids for construction on the Premises for the West Beltway. Any Farming Improvements and Equipment which SELLER does not remove or cause to be removed from The Property as of the Removal Date, shall be deemed to have been abandoned by SELLER and SELLER's farming tenant, and BUYER shall thereafter have the right to remove and dispose of the same at BUYER's cost. The terms and conditions set forth in this Section 3.1 shall survive the close of escrow and the recordation of all instruments of conveyance.
3.2 Continued Use of Water Well. BUYER agrees that
following the closing of escrow and entering into the Farming Lease, SELLER shall retain the right to use, maintain, repair and replace that certain agricultural water well known as Bolthouse Farms Water Well No. 6E4-3 (at Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 3 of 11 Pages --
its sale cost and expense) located within The Property, as shown on Exhibit "B" (the "6E4-3 Well"), together with, (i)the right to take and use water from the 6E4-3 Well for agricultural and other non-potable uses, (ii) the right of access, ingress and egress to, from, over and across such portions of The Property as shall be reasonably convenient to BUYER for SELLER's continued use, maintenance, repair and/or replacement of the 6E4-3 Well. (iii) the right to place and use pipelines from the 6E4-3 Well to SELLER's real properties within the West Ming Specific Plan area. SELLER's rights as reserved in this Section 3.2 shall terminate upon the expiration of six (6) months following BUYER's written notice to SELLER notifying SELLER that BUYER intends to commence construction of improvements for the Westside Parkway on that portion of The Property which is located immediately adjacent to the 6E4-3 Well. Upon or before such termination, SELLER shall, at SELLER's cost, plug and abandon the 6E4-3 Well, and shall remove from The Property any portion of the Farming Improvements and Equipment as shall be required for such plugging and abandonment.
The terms and conditions set forth in this Section 3.2 shall survive the close of escrow and the recordation of all instruments of conveyance.
3.3 Witholding of Funds. BUYER and SELLER agree that
the amount of TWENTY THOUSAND ($20,000) shall be withheld from the Purchase Price by BUYER to be released to SELLER, upon proper abandonment of the 6E4-3 Well. SELLER shall ensure the 6E4-3 Well has been plugged and abandoned to the satisfaction of BUYER and in accordance with safety standards and state and/or local regulations.
Subsequently, SELLER shall inform the City, in writing, at such time that SELLER has plugged and abandoned the 6E4-3 Well. Within thirty (30) days of City’s receipt of the Abandonment Letter, the balance of the Payment in the amount of Twenty Thousand Dollars ($20,000) shall be paid by the City directly to SELLER. The terms and conditions set forth in this Section 3.3 shall survive the close of escrow and the recordation of all instruments of conveyance.
SELLER Initials:________
4. ESCROW.
4.1 Escrow Holder. The purchase and sale of The Property shall be consummated by means of an escrow to be opened at the office of Ticor Title Company, herein “Escrow Holder”, located at 10000 Stockdale Highway, Bakersfield, CA.
Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 4 of 11 Pages --
4.2 Escrow Instructions. Within twenty (20) working days of execution of this Agreement by all parties, each shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties’ instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. SELLER and BUYER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference.
5. BUYER’S CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies prior to the Closing Date. Each of these contingencies must be satisfied or waived prior to any obligation of the BUYER to become effective. The failure to satisfy or waive these contingencies within the time stated, or within any mutually-agreed extended time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages:
5.1 Financing. Availability of funds for this acquisition;
5.2 Preliminary Title Report and Documents. Within ten (10) working days of execution of this Agreement by all parties, the following shall occur:
5.2.1 BUYER shall obtain a preliminary title report (herein “PTR”) concerning The Property, issued by Escrow Holder, together with copies of reproducible documents referred to in such PTR, if any;
5.2.2 BUYER shall deliver to Escrow Holder its written
disapproval of any exceptions to the title referred to in paragraphs 4.2.1 and 4.2.2 above within ten (10) working days after BUYER’s receipt thereof.
If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure all of said exceptions, then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waiving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER’s election within the ten (10) working days after receipt of SELLER’s election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited by BUYER with Escrow Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 5 of 11 Pages --
Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay;
5.3 Title Insurance. Escrow Holder will issue, at BUYER’S sole cost and expense without right of reimbursement from SELLER, an ALTA title policy insuring title in BUYER’s name in an amount equal to the purchase price;
5.4 Site Assessment. A favorable environmental site
assessment to be performed by BUYER;
5.5 Material Change. No material change, as hereinafter defined, shall have occurred with respect to The Property which has not been approved in writing by BUYER. For purposes of this Agreement, a “material change” shall be a change in the status of the use, occupancy, tenants, or condition of The Property as reasonably expected by the BUYER that occurs after the date of this Agreement and prior to the close of escrow. BUYER shall have twenty (20) working days following receipt of written notice from any source of any such material change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of escrow.
5.6 Existing Leases and Tenancy Statements. SELLER
represents that they will provide to Buyer a copy of relevant portions of any existing unrecorded leases, subleases, or rental arrangements (herein the “existing leases”) and there will be no additional leases prior to the close of escrow other than the Farming Lease and any subleases permitted under the terms and conditions thereof, excepting those approved in writing by BUYER;
5.7 Other Agreements. SELLER shall within ten (10) working days of the date of this Agreement provide BUYER with legible copies of all other agreements known to SELLER that will affect The Property after the closing;
5.8 Unrecorded Title Matters. SELLER has no actual
knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, liens, charges, or other matters which affect the title of The Property that are not recorded in the Official Records of the Kern County Recorder, except as otherwise disclosed in writing to BUYER;
5.9 Possessory Rights. SELLER has no knowledge that
anyone or any entity will, at the time of the closing, have any right to Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 6 of 11 Pages --
possession of The Property, except as disclosed by the SELLER in writing to BUYER, or as permitted by the Farming Lease.
All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and may be elsewhere herein referred to as “BUYER’s contingencies.”
6. SELLER’S WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER which shall survive the closing for a period of one (1) year;
6.1 Authority of SELLER. SELLER warrants and represents that SELLER has the right and legal ability to transfer The Property to the BUYER as set forth in this Agreement;
6.2 Legal Proceedings. SELLER has no knowledge of any
actions, lawsuits, or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect The Property or the right to occupy or utilize same;
6.3 Bankruptcy Proceedings. SELLER is not the subject of a bankruptcy, insolvency, or probate proceeding and has no notice or knowledge that any tenant, lessee, or other person/entity possessing an interest in The Property is the subject of a bankruptcy or insolvency proceeding.
7. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER The Property free and clear of all recorded and unrecorded deeds of trust and other monetary liens. The amount of any bond or assessment which is a lien shall be paid by SELLER or otherwise removed by SELLER from title to The Property at or before the closing, subject to approval of the title report.
SELLER shall execute a Grant Deed to convey The Property to BUYER and deliver same to Escrow Holder within fifteen (15) working days of the opening of escrow. Any and all water rights accruing to The Property shall also be transferred to BUYER without reservation, except that the Grant Deed shall contain an express reservation reserving to SELLER any and all rights accruing to SELLER under the terms and conditions of that certain Land Exchange and Water Development Agreement No. 06-157 (the “Water Development Agreement”) entered into as of June 7, 2006 by and between BUYER, Bolthouse Properties, LLC, Castle & Cooke California, Inc., and the Kern County Water Agency (“KCWA”), including without limitation the rights accruing to SELLER under Section 3.4 of said agreement. Such express reservation shall provide as follows:
Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 7 of 11 Pages --
“RESERVING TO GRANTOR, any and all rights accruing to
Grantor under the terms and conditions of that certain Land Exchange and Water Development Agreement, Agreement
No. 06-157 entered into as of June 7, 2006 by and between Grantor, Grantee, Bolthouse Properties, LLC and the Kern County Water Agency, including without limitation the rights accruing to Grantor under Section 3.4 of said agreement.” In addition, BUYER acknowledges that SELLER does not own any oil, gas or mineral rights in or to The Property, and the parties acknowledge and agree that the legal description attached to the Grant Deed shall exclude all oil, gas and mineral rights previously excepted and reserved of record.
8. CLOSING COSTS. BUYER shall be responsible for all normal and reasonable escrow fees, including the costs of title insurance. SELLER shall be responsible for the costs to clear title and all real property taxes and assessments accruing up to the close of escrow. SELLER shall fully pay the amount of any bond or assessment which is a lien upon The Property prior to the close of escrow.
9. CLOSING DATE. Escrow shall close no later than ten (10) working days after the satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties. In no event shall the escrow close more than sixty (60) working days from execution of this Agreement by all parties, unless extended in writing, by mutual agreement of all parties.
10. POSSESSION OF SELLER’S PARCEL. SELLER agrees to give possession of The Property to BUYER on the date of close of escrow, subject to SELLER’S rights under the Farming Lease.
11. 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.
12. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance.
Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
13. TIME. Time is of the essence in this Agreement.
14. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 8 of 11 Pages --
Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
15. BROKERS AND FINDERS. The parties acknowledge and
represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property.
16. 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) (collectively, “Assignable Rights”) may be assigned or transferred by any party without the prior written consent of the other party, which shall not be unreasonably withheld, except that SELLER shall have the right to assign this Agreement and any or all of SELLER’s Assignable Rights and obligations thereunder without BUYER’s prior written consent (effective upon written notice thereof given to BUYER) to any entity controlled by or under common control with SELLER. Any assignment other than an assignment which is expressly permitted by the terms and conditions of this Section 15 is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
17. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
18. CORPORATE AUTHORITY. Each individual signing this
Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
19. 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.
20. 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 Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 9 of 11 Pages --
Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
21. 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.
22. NON-INTEREST. No officer or employee of BUYER shall hold any interest in this Agreement (California Government Code section 1090).
23. HAZARDOUS MATERIALS. SELLER knows of no hazardous
material(s) stored, discharged, abandoned, dumped or in any way placed in, on, over, under or about The Property. SELLER knows of no activities, either public or private, wherein SELLER or a third party has placed, stored, discharged, abandoned or dumped any hazardous material of any nature, in, on, over, under or about The Property.
24. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice:
To BUYER: CITY OF BAKERSFIELD
Attention: Property Management
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
To: SELLER: Bolthouse Land Company, LLC
Attn: Executive Vice President of
Development
11601 Bolthouse Drive, Suite 200
Bakersfield, CA 93311
25. LAND EXCHANGE PERMITTED. Notwithstanding anything to the contrary contained in this Agreement, SELLER may transfer The Property, and/or any additional property purchased by BUYER pursuant to the terms and conditions of Section 4 above, by means of one or more exchanges for like-kind property qualifying for tax-deferred treatment pursuant to Internal Revenue Code Section 1031 or 1033. If SELLER exercises such option, then BUYER shall cooperate in effecting a qualifying like-kind exchange through a trust or other means determined by SELLER, as long as SELLER bears all cost and expense in connection with such exchange and Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C -- Page 10 of 11 Pages --
BUYER is not required to incur liability for or in connection with such exchange or enter the chain of title to any property other than The Property or the additional property purchased by BUYER, as applicable. The parties understand, acknowledge and agree that this provision may require that BUYER and/or SELLER execute and deliver such documents as shall be reasonably necessary or required to effect the exchange, and the need to instruct the Title Company to forward all or any portion of the closing funds and/or closing documents to SELLER’S exchange accommodator.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“BUYER” “SELLER”
CITY OF BAKERSFIELD BOLTHOUSE LAND COMPANY, LLC.
By:___________________________ By:
KAREN GOH BRET M. NIELSEN
Mayor Chief Operating Officer
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
(Signatures continue on following page)
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APPROVED AS TO CONTENT:
By:____________________________
ZACHARY MEYER
Public Works Director
COUNTERSIGNED:
By:__________________________
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Drawing
Exhibit “C” - Form of Farming Lease
Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C Docusign Envelope ID: 53CFF0F1-E718-8848-82C1-63112C13DD9C
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: July 23, 2026
SUBJECT: Amendment No. 1 to Agreement No. CM25-055 With Helm Holdings LLC dba Name Role Value (increase compensation $190,000, revised not to exceed $290,000) for support with meeting Web Content Accessibility Guidelines (WCAG).
RECOMMENDATION:
Staff recommend approval of the amendment to the agreement BACKGROUND:
On November 13, 2025, an agreement, No. CM25-055, with Helm Holdings LLC dba Name Role Value (previously doing business as Sellable) was entered with the City of Bakersfield to provide support with meeting Web Content Accessibility Guidelines (WCAG) as required by the federal government with a deadline of April 26,2026 in exchange for $100,000.00.
The federal government extended the deadline to April 26, 2027, which has allowed the city to reach closer to full compliance with the WCAG requirements. The agreement is set to expire on October 1, 2026, and a new amendment is being submitted for an extension of the agreement to end on June 30,2027.
The amendment will expand the scope of work for Helm Holdings LLC dba Name Role Value to meet Americans with Disabilities Act (ADA) compliance and WCAG requirements with the new deadline of April 26, 2027, for additional compensation of $190,000.00 to Helm Holdings LLC.
In addition to completing the scope of work delineated in the primary agreement, Helm Holdings LLC dba Name Role Value will develop and provide trainings for city staff as well as provide direct webmaster support to the CITY' s website and public facing content to ensure WCAG requirements are met.
FISCAL IMPACT:
$290,000.00 Payment to Helm Holdings LLC dba Name Role Value COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Amendment to Agreement
2. Exhibit A
3. Exhibit B
AMENDMENT NO. 1 TO AGREEMENT CM25-055
S:\Manager\Agrs\26-27\HelmHoldings.Amend1.Agr.doc
-- Page 1 of 2 Pages --
AGREEMENT NO. CM25-055(1)
AMENDMENT NO. (1) TO
AGREEMENT NO. CM25-055
This AMENDMENT NO. 1 TO AGREEMENT NO. CM25-055 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and HELM HOLDINGS LLC a limited liability corporation authorized to do business in California and doing business as NAME ROLE VALUE (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on November 13, 2025, CITY and CONTRACTOR (previously doing business as Sellable and now doing business as Name Role Value) entered into Agreement No. CM25-055 to review and support the CITY' s website and public facing content to ensure the Web Content Accessibility Guidelines (WCAG) were being met, as delineated in Exhibit A attached to said agreement, in exchange for $100,000.00; and
WHEREAS, the parties now desire to amend Agreement No. CM25-055 to expand the scope of work to meet Americans with Disabilities Act (ADA) compliance and WCAG requirements that have a deadline of April 26, 2027, as set forth in Exhibit B attached hereto; and
WHEREAS additional compensation of $190,000.00 will be provided cover the increased supporting role of CONTRACTOR.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 1 of Agreement No. CM25-055 entitled “SCOPE OF WORK” is hereby amended to read as follows:
1. SCOPE OF WORK. In addition to completing the scope of work delineated in Ex. A to Agreement No. CM25-055, CONTRACTOR shall perform the following: conduct review and support of the CITY' s website and public facing content used by the CITY to ensure WCAG are met as delineated in Exhibit B attached hereto and incorporated by reference herein. Also, CONTRACTOR will act as consultant for the CITY' s WCAG Committee to - support CITY departments and provide training to address WCAG compliance (" Scope of Work").
The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. Section 2 of Agreement No. CM25-055 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to read as follows:
Docusign Envelope ID: 1EE6C4A5-9D68-8702-8183-DF706D677BDE AMENDMENT NO. 1 TO AGREEMENT CM25-055
S:\Manager\Agrs\26-27\HelmHoldings.Amend1.Agr.doc
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2. COMPENSATION/ PAYMENT PROCEDURE. CITY will pay
CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. IN NO CASE WILL
CITY COMPENSATE CONTRACTOR MORE THAN TWO HUNDRED
NINETY THOUSAND DOLLARS ($290, 000).
3. Section 3 of Agreement No. CM25-055 entitled “TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2027.
3. Except as amended herein, all provisions of Agreement No. CM25-055 shall remain in full force and effect.
-- o0o –
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. CM25-055 to be executed the day and year first above written. “CITY” “CONTRACTOR”
CITY OF BAKERSFIELD HELM HOLDINGS LLC
dba NAME ROLE VALUE
By:_________________________ By:____________________________
KAREN GOH
Mayor Print Name: ____________________
Title:___________________________
APPROVED AS TO CONTENT:
CITY MANAGER’S OFFICE
By:____________________________
RICK ANTHONY
Assistant City Manager
APPROVED AS TO FORM: COUNTERSIGNED:
By: _______________________ _____________________
VIRGINIA GENNARO RANDY MCKEEGAN
City Attorney Finance Director
Insurance:____________
VG/vlg
Attachment: Exhibit A Scope of Work and Cost
Exhibit B Scope of Work and Compensation
Docusign Envelope ID: 1EE6C4A5-9D68-8702-8183-DF706D677BDE Will Bubenik
Founder
Exhibit A
Overview
The City of Bakersfield has engaged Sellable to lead the City’s digital accessibility program in alignment with ADA Title II requirements.
This engagement applies Sellable’s 3P Accessibility Framework to help the City move from reactive accessibility fixes to a measurable, sustainable accessibility program. This approach ensures Bakersfield develops a strategy to reach critical compliance goals for April 2026 while also building internal systems and processes that maintain accessibility beyond the project term.
The program will run from November 2025 through April 2026, with work billed monthly under a six-month retainer structure totaling $99,999 (USD). While we share a phase structure for clarity, these phases represent work streams and not milestones or payment triggers. These work streams will continuously be developed and prioritized during and after Discovery and executed concurrently to ensure we meet timeline goals.
Based on conversations with the Bakersfield team, the breadth of digital assets that need to be examined for accessibility, and the cross-departmental needs of the City, our recommendation is to do a 6-month sprint between November and April. Regardless of the shifting federal regulations around digital accessibility and Title II, this type of sprint is still recommended as it will help Bakersfield get a foundational understanding of their compliance landscape while setting up an infrastructure to build inclusion moving forward. This will be aligned with our original proposal approach that has been updated below.
Objectives
● Establish a measurable baseline of accessibility maturity and compliance risk across Bakersfield’s digital ecosystem.
● Build a prioritized roadmap for testing, remediation, and governance using 3P data. ● Train Bakersfield’s Accessibility Committee and Technology Services staff with rolebased education and reusable playbooks. ● Remediate high-priority web and document assets to WCAG 2.x AA and PDF/UA standards.
● Create long-term governance policies and reporting mechanisms to sustain accessibility.
Program Structure
Phase Focus Duration Key Deliverables
Phase 1: 3P
Discovery &
Baseline Audit
Stakeholder interviews,
accessibility maturity analysis,
representative audits across
web, mobile, and documents.
Nov - Dec
2025
Accessibility Roadmap
Report, Risk & Gap
Analysis, Prioritized
Remediation Plan
Phase 2:
Training &
Enablement
Role-based training,
documentation, and creation of
governance playbooks.
Dec 2025 -
Feb 2026
Training Decks &
Recordings, Train-theTrainer Guide, Accessible
Workflow Templates
Phase 3: Agile
Testing &
Remediation
Iterative batch testing,
remediation, and validation
cycles focused on high-impact
assets.
Dec 2025 -
Apr 2026
Batch Audit Reports,
Validation Summaries,
Live Progress Dashboard
Phase 4:
Governance &
Handoff
Final reporting, policy
templates, and executive
readout.
Apr 2026 Accessibility Statement,
Governance Playbook,
Procurement Policy
Templates, Final Readout
Key Collaboration Points
● Sellable will attend bi-weekly committee meetings in the first two months, then monthly thereafter.
● Sellable and City stakeholders will coordinate to assign basic remediation to internal teams, reserving project funds for advanced testing, training, and governance work. ● A leadership briefing with City executives will occur in December 2025 to review Discovery findings and confirm priorities.
What We’ll Need from the Bakersfield Team
Timely collaboration from the City team is essential to keep the project on track and ensure measurable progress each month. To maintain alignment across discovery, testing, and remediation, the following support will be required:
1. Central Point of Contact
● Assign one primary project lead within the City (ideally from Technology Services or the Accessibility Committee) to serve as the main liaison for all project communication. ● Identify backup contacts for each department involved in interviews, testing, or document remediation.
2. Access and Credentials
● Provide administrative or staging-level access to relevant platforms, including the City’s website CMS, mobile-app backend, cloud storage, and multimedia repositories (e.g., YouTube, Vimeo).
● Supply secure test credentials for portals, forms, or systems that require authenticated access during testing.
3. Timely Responses and Reviews
● Deliver feedback on all deliverables within five business days of receipt. ● Confirm meeting attendance and review sign-offs promptly to keep workstreams on schedule.
4. Asset and Data Availability
● Share available inventories of digital assets, including websites, documents, and multimedia content.
● Provide access to analytics or usage data to help prioritize high-traffic and high-impact materials.
5. System and Vendor Coordination
● Facilitate introductions to third-party vendors, contractors, or IT partners who manage any part of the City’s digital ecosystem.
● Support coordination with IT and procurement staff to ensure proper access and permissions for Sellable’s testing team.
6. Code Freezes During Testing and Validation
● During scheduled remediation and validation sprints, the City should institute short, coordinated code freezes on affected web properties. These pauses prevent new code deployments or CMS updates from overwriting accessibility fixes or creating regressions during validation. Code freezes typically last 3-5 business days per sprint and will be scheduled in advance to minimize disruption.
Sellable will provide a shared project tracker and communication plan during kickoff to manage all requests, dependencies, and approvals in one place.
Detailed Scope of Work
Phase 1: 3P Discovery & Baseline Audit
The 3P Discovery phase builds the foundation for all subsequent work. Sellable will:
● Conduct approximately ten stakeholder interviews across departments, focusing on governance, vendor management, and content workflows.
● Audit representative assets: up to ten key web pages/templates, sample mobile screens, and document/media examples.
● Produce the Accessibility Roadmap Report summarizing findings across People, Process, and Product, with risk scoring and a prioritized remediation plan. ● Deliver a mid-point progress briefing to accelerate internal action before final Discovery completion.
Phase 2: Training & Enablement
Training will convert Discovery insights into practical learning. Each curriculum will be customized to Bakersfield’s real workflows and tools.
Potential Focus Areas
● Content Authors & Editors: Accessible authoring, alt-text, heading structure, link practices, and PDF fundamentals.
● Designers: Color contrast, layout standards, and accessible component design. ● Developers & QA: Implementing and testing accessible code, integrating accessibility into sprints.
● Leadership & Committee: Setting KPIs, embedding accessibility into procurement and policy.
Deliverables
● Role-based training tracks (virtual or hybrid).
● Accessible slide decks, guides, and playbooks for ongoing use. ● A Train-the-Trainer guide to support new staff onboarding.
Phase 3: Agile Testing & Remediation
This phase implements the prioritized roadmap through overlapping testing and remediation cycles.
Activities
● Automated and manual testing across high-traffic web and mobile assets. ● Validation testing for each remediated batch to confirm compliance. ● Consulting support for City developers to implement fixes and QA procedures. ● Live progress dashboards to track issues resolved and assets validated.
PDF and Document Remediation Process
Accessibility for digital documents is central to Bakersfield’s compliance strategy. Sellable will lead a structured PDF analysis and remediation process, adapted from Department of Justice Title II criteria and industry best practice.
Document Analysis & Scoping
● Inventory Creation: Automated crawling and manual collection of all public PDFs and document assets across City domains.
● Scope Criteria: Evaluate each file using DOJ exemption criteria, user impact, relevance, and feasibility to prioritize documents that directly support City services. ● Deliverables: Master Inventory List, In-Scope Remediation List with priority ratings, and Deferred/Exempt List with justifications.
Remediation Workflow
All in-scope files will be remediated to meet WCAG 2.x AA and PDF/UA standards.
Steps include:
● Tag PDFs with accurate logical structure and reading order. ● Apply alt text for images, links, and form elements.
● Ensure accurate metadata and form field labeling.
● Run Adobe Acrobat Accessibility Check and PAC validation. ● Conduct QA spot-checks with screen readers to confirm usability.
For image-based PDFs, optical character recognition (OCR) will be applied before tagging.
Replacement and Recreation
Where remediation is impractical or cost-prohibitive (legacy scans, complex layouts, or corrupted files), Sellable will:
● Provide a remediation feasibility assessment and cost/time comparison. ● Recommend HTML conversion or document recreation options. ● Coordinate with content owners to maintain accuracy and branding.
Quality Assurance & Handoff
Each file will undergo manual assistive-technology validation before delivery.
Sellable will supply:
● Accessible final documents.
● Remediation reports summarizing changes and QA results. ● An archive of remediated files and process notes for legal defensibility.
Phase 4: Governance & Handoff
Sellable will deliver a governance and confidence package to close the program and set Bakersfield up for sustained success.
Deliverables
● Accessibility Policy & Procurement Template aligned to WCAG 2.x AA and Section 508.
● Public Accessibility Statement and feedback process.
● Governance Playbook outlining roles, responsibilities, and reporting cadence. ● Executive Readout and Certification Summary capturing program outcomes and budget forecast for ongoing compliance.
Budget Structure (Not to Exceed $99,999)
This engagement is billed monthly across six months under a retainer model. Estimated allocations below represent workload distribution, not payment triggers. Allocation can change and will be agreed upon after a more detailed Project Plan is developed post Discovery.
Category Estimated
Allocation
Description
3P Discovery & Baseline Audit $20,000 Fixed foundation for all subsequent phases.
Training & Enablement $25,000 Role-based training, playbooks, and office hours.
PDF Remediation Fund $10,000 Dedicated budget for document remediation.
Testing & Validation $25,000 Batch testing, remediation guidance, and validation cycles.
Governance & Confidence $10,000 Policy templates and final reporting.
Program Management &
Committee Support
$9,999 Ongoing PM oversight and bimonthly/monthly meetings.
Expected Outcomes by April 2026
● Comprehensive Accessibility Roadmap rooted in 3P Discovery data. ● Trained internal Accessibility Committee and technical staff. ● Validated remediation of high-priority web and document assets. ● Governance system that keeps accessibility visible and measurable. ● A forward-looking budget forecast and compliance plan for FY 2026-2027.
Investment Schedule
● $16,666.50 (Net30) a month will be invoiced to City, and will include an itemized invoice detailing work accomplished and deliverables submitted in the prior month. ● A diverse range of skill sets and expertise will be necessary to cover the broad accessibility needs of the City of Bakersfield. Given priorities will shift and evolve as both of our teams learn more, designing a set deliverable schedule makes little sense for a project like this.
● With a variety of consultants, project managers, and technical professionals being integrated across your teams, a retainer model of investment allows for the greatest level of flexibility to meet the evolving needs of this project for both the City and Sellable.
Exhibit B
FY26–27 Accessibility Operations and Enablement
Renewal
Provider: Name, Role, Value (NRV)
Client: City of Bakersfield
Term: 12 months, beginning upon City authorization and execution of the agreement Total Annual Budget: $190,000
Engagement Type: Accessibility operations, enablement, remediation, and governance support
1. Purpose and Background
The City of Bakersfield has undertaken a multi-phase digital accessibility initiative to improve compliance with ADA Title II requirements and to build a more sustainable internal accessibility program across its digital ecosystem.
During the initial engagement, Name, Role, Value (originally Sellable) supported the City through discovery, accessibility testing, PDF remediation, governance development, procurement enablement, social media training, accessibility statement support, and operational workflow design. This first phase helped the City identify accessibility risks across websites, mobile applications, PDFs, social media, vendor-managed systems, procurement processes, and department-level publishing workflows.
The FY26–27 renewal represents the next phase of the City’s accessibility maturity. This phase is not intended to repeat the initial discovery effort. Instead, it shifts the work from assessment and planning into embedded accessibility operations.
The purpose of this renewal is to help the City:
● reduce existing accessibility debt;
● continue remediation of priority digital content;
● support Technology Services in web and document accessibility operations; ● improve accessibility governance and reporting;
● strengthen department-level publishing workflows;
● provide targeted training and enablement;
● improve vendor and third-party accessibility accountability; ● and gradually transfer more accessibility ownership to City staff over time.
This engagement is designed to move the City from fragmented accessibility activity toward managed accessibility progress.
2. Operating Model
Name, Role, Value will support the City through a coordinated accessibility operations model organized around four primary motions:
Govern
Accessibility governance, reporting, procurement enablement, leadership coordination, records management, and program oversight.
Enable
Training, department education, content creator support, CivicPlus guidance, reusable onboarding materials, and workflow enablement.
Operate
Embedded operational support working alongside Technology Services, the City Manager’s Office, and department stakeholders to keep accessibility work moving.
Remediate
Ongoing PDF, web, validation, and issue remediation support focused on reducing the City’s accessibility backlog and preventing new issues from compounding.
The long-term goal is not indefinite dependency on outside support. The goal is to operate alongside City staff while building the workflows, documentation, knowledge, and confidence needed for City teams to own more of the accessibility function over time.
3. Scope of Services
The FY26–27 renewal includes the following workstreams.
Workstream 1: Accessibility Governance and Operations Support Annual Allocation: $42,000
This workstream provides ongoing accessibility program operations support for the City Manager’s Office, ADA coordination function, WCAG Committee, Technology Services, and relevant department stakeholders.
Name, Role, Value will support the City in maintaining governance structure, managing accessibility priorities, documenting progress, and coordinating across workstreams.
Included Services
● Weekly core project coordination meetings.
● Monthly or periodic WCAG Committee planning and facilitation. ● Support for Senior Management Team or leadership-facing accessibility updates. ● Accessibility roadmap management.
● KPI and progress tracking.
● Remediation progress reporting.
● Accessibility records management and documentation support. ● Support maintaining evidence of good-faith accessibility efforts. ● Accessibility intake guidance.
● Department-level coordination support.
● Accessibility role clarification across departments, Technology Services, Procurement, City Clerk, and the ADA coordination function.
● Issue escalation guidance for third-party systems.
● Procurement enablement follow-up.
● Support operationalizing accessibility policy, RACI, and governance documentation. ● General strategic consultation for City leadership related to digital accessibility operations.
Expected Outputs
● Updated accessibility roadmap or quarterly operating plan. ● Monthly or periodic progress summaries.
● Governance meeting templates and agendas.
● Updated RACI or ownership documentation as needed.
● KPI tracking structure.
● Procurement and vendor accessibility workflow guidance. ● Department-facing accessibility communication support as needed.
Example Operations Support Project – Web Accessibility Tools, Translation, and Document Decision Support
The City is evaluating how tools such as DocAccess and Recite Me may fit into its future document accessibility and translation workflows.
Name, Role, Value will support the City in developing a decision-making framework for determining which documents should be:
● archived;
● manually remediated as PDFs;
● converted to accessible HTML;
● routed through a tool like DocAccess;
● translated;
● or handled through another approved process.
Web accessibility tools are understood to provide functionality for converting PDFs into accessible HTML pages and may support translation workflows. It is not expected to replace all manual remediation needs. Some documents will remain better suited for manual PDF remediation, while others may be appropriate for HTML conversion or future tool-assisted workflows.
Name, Role, Value will help the City evaluate where web accessibility tool fits within the broader accessibility operations model, especially for new documents entering Technology Services workflows after the renewal begins.
Included Support
● Document routing decision tree.
● Workflow recommendations for Technology Services.
● Guidance on when HTML conversion may be appropriate.
● Guidance on when manual remediation remains appropriate. ● Consideration of translation-related accessibility impacts. ● Coordination with PDF intake and publishing workflows.
Not Included Unless Separately Approved
● Purchase or licensing of DocAccess or a similar tool. ● Certified translation services.
● Bulk translation of existing document libraries.
● Legal determinations regarding SB707 or other translation obligations. ● Full implementation or configuration of third-party translation tools.
Workstream 2: Technology Services Accessibility Support and Web Operations
Annual Allocation: $72,000
This workstream reflects the City’s shift away from a fragmented web support model and toward a more coordinated accessibility operations model centered around Technology Services.
Name, Role, Value will provide a dedicated accessibility professional who works directly alongside Technology Services. This role is intended to reduce unnecessary coordination overhead, decrease the number of requests flowing through individual City staff, and help Technology Services build sustainable accessibility workflows over time.
Primary Goals
● Support Technology Services in accessibility-related web and document operations. ● Reduce unnecessary dependency on disconnected outside vendors. ● Improve triage and routing of accessibility issues.
● Support CivicPlus accessibility workflows.
● Coordinate with CivicPlus and third-party vendors where appropriate. ● Help Technology Services develop accessibility QA capacity. ● Reduce the volume of ad hoc accessibility requests routed through Walter, Adam, or other individual staff members.
● Document repeatable workflows so Technology Services can assume more ownership over time.
Included Services
● Embedded accessibility support for Technology Services. ● CivicPlus content management support related to accessibility work. ● Coordination of remediated document uploads to CivicPlus. ● Support maintaining remediation logs and digital content inventories. ● Accessibility issue triage and prioritization.
● Validation testing of remediated web content.
● Technical accessibility consultation for Technology Services. ● Accessibility QA review for newly created or updated pages. ● Support coordinating accessibility questions with CivicPlus. ● Support coordinating accessibility questions with third-party vendors. ● Remediation routing recommendations by responsible party. ● Documentation of Technology Services accessibility workflows. ● Office hours or asynchronous accessibility support for Technology Services staff. ● Support for identifying what can be handled internally, what should route to CivicPlus, what should route to a third-party vendor, and what should remain with Name, Role, Value.
Capability Transfer
This workstream includes ongoing knowledge transfer to Technology Services. Name, Role, Value will document processes, explain recommendations, support practical use of accessibility tools, and help City staff build working knowledge of accessibility QA practices.
The intent is to operate alongside Technology Services first, then gradually transfer defined responsibilities as workflows mature and staff capacity allows.
Expected Outputs
● Technology Services accessibility workflow documentation. ● Remediation routing model.
● Remediation of current issue backlog.
● CivicPlus accessibility support checklist.
● Validation testing process.
● Department communication process for document replacements. ● Accessibility escalation path.
● Accessibility office hours or support cadence.
● Updated issue tracking and remediation documentation.
Workstream 3: PDF Remediation and Operational Document Support Annual Allocation: $48,000
This workstream supports remaining high-priority PDF remediation needs, new document intake, and operational document accessibility workflows.
The City’s initial accessibility work confirmed that PDFs remain one of the highest-volume and highest-risk areas of the digital accessibility program. This workstream is intended to support both reactive remediation and the development of a sustainable intake and prioritization process for future documents.
Included Services
● Remediation of approved priority PDF batches.
● Support for remaining high-priority Phase 1 backlog items. ● Accessibility validation of remediated PDFs.
● New document intake support.
● Department remediation batching.
● PDF prioritization support based on usage, legal relevance, public impact, and operational need.
● FileCloud or other repository coordination support.
● Upload and replacement coordination with Technology Services. ● Support maintaining a remediation tracker and audit trail. ● Department-facing communication support before remediated documents are replaced. ● Support for document accessibility decision-making, including whether to remediate, archive, convert to HTML, or defer.
Department Review and Replacement Process
To avoid rework, Name, Role, Value will help the City formalize a department notification process before remediated files are uploaded or replaced.
The process may include:
● notifying department leads of files scheduled for replacement; ● providing a deadline for departments to flag content that must remain unchanged; ● requiring departments to identify needed revisions before remediation or upload; ● documenting when no response is received;
● and proceeding with replacement after the review deadline.
This process is intended to reduce duplicate work for Technology Services and prevent departments from requesting avoidable changes after remediated files are already live.
Expected Outputs
● PDF remediation batches.
● Remediated and validated accessible PDF files.
● PDF intake and prioritization process.
● Department notification template.
● PDF remediation tracker updates.
● PDF replacement workflow.
● Document archive/remediate/defer decision support.
Workstream 4: Accessibility Training and Enablement
Annual Allocation: $20,000
This workstream supports targeted accessibility enablement across departments and content creators.
The City’s accessibility obligations cannot be met through remediation alone. Departments that create, upload, publish, procure, design, or distribute public-facing digital content need practical guidance tied to their actual workflows.
Included Services
● Accessible document creation training cohorts.
● Department-level accessibility office hours or working sessions. ● City Clerk and document workflow enablement.
● Role-based enablement for content creators.
● Reusable checklists, guides, and onboarding materials. ● Training materials adapted from prior Bakersfield workstreams, including social media, brand color contrast, procurement, and PDF workflows.
Anticipated Training Areas
Training may include:
● accessible Word and PDF creation basics;
● alt text and image description practices;
● CivicPlus page and document publishing practices;
● accessible link text and headings;
● color contrast and brand usage;
● procurement accessibility awareness;
● and department-specific accessibility workflows.
Expected Outputs
● Training sessions and recordings.
● Reusable checklists.
● Department-facing guidance materials.
● Content creator onboarding materials.
● Document creation and publishing guidance.
● Training attendance support, where available from the City.
Workstream 5: Extended Testing and Validation Support
Annual Allocation: $8,000
This workstream provides limited ongoing testing and validation support beyond the initial engagement.
The purpose is to help the City confirm that remediation work is effective, identify issues in newly launched or updated content, and avoid creating new accessibility problems while existing backlogs are being reduced.
Included Services
● Validation testing of remediated content.
● Spot testing of newly created or updated pages.
● Accessibility review of selected new content before publication. ● Limited design review.
● Limited third-party application review.
● Supplemental accessibility testing as approved within available budget. ● Support identifying whether issues are owned by Technology Services, CivicPlus, a department, a third-party vendor, or Name, Role, Value.
Expected Outputs
● Validation notes.
● Issue summaries.
● Prioritization guidance.
● Testing observations.
● Recommendations for remediation routing.
4. Staffing Model
Name, Role, Value will support the City through a blended accessibility operations team model.
This model is intended to provide both strategic continuity and operational flexibility.
Fractional Program Lead
Provides executive guidance, governance support, roadmap oversight, leadership coordination, vendor alignment, and escalation support.
Technical Project Manager
Supports weekly coordination, committee facilitation, reporting, intake management, operational follow-through, and cross-department coordination.
Technical Accessibility Specialist
Works directly with Technology Services on CivicPlus support, issue triage, remediation routing, validation testing, accessibility QA, and operational documentation.
Accessibility Training and Enablement Support
Supports training facilitation, curriculum development, onboarding materials, cohort delivery, and workflow enablement.
Extended Accessibility Support Team
Provides additional remediation, testing, QA, and advisory support as needed within the approved budget and workstream allocations.
Name, Role, Value may assign or substitute qualified team members as needed to fulfill the scope, provided that continuity and expertise are maintained.
6. Engagement Cadence
The anticipated cadence includes:
● weekly core project syncs;
● recurring Technology Services coordination;
● monthly or periodic WCAG Committee meetings beginning after renewal kickoff and City scheduling alignment;
● periodic leadership or SMT coordination as requested; ● training sessions scheduled in coordination with City staff availability; ● asynchronous support through email, Microsoft Teams, or other City-approved communication channels.
Meeting cadence may be adjusted based on City priorities, staff availability, budget usage, and workstream activity.
7. Fees and Budget
The total fee for the 12-month engagement can be up to, but not to exceed $190,000.
Budget Allocation
Workstream Annual Allocation
Accessibility Governance and Operations Support $42,000 Technology Services Accessibility Support and Web
Operations
$72,000
PDF Remediation and Operational Document Support $48,000 Accessibility Training and Enablement $20,000
Extended Testing and Validation Support $8,000
Total Annual Budget $190,000
Unless otherwise agreed in writing, fees will be billed monthly over the 12-month term for services rendered.
An itemized invoice will be provided demonstrating deliverables and where they fall within the workstream sections above.
Workstream allocations are planning estimates. Name, Role, Value may recommend reallocating budget across workstreams if City priorities shift, provided the total approved budget is not exceeded without written approval.
8. Change Control and Additional Approval
The following items are outside the standard scope and require separate written approval before work begins:
● New remediation batches exceeding 50 documents or estimated at more than $5,000 in remediation cost.
● Engineering or redevelopment work requiring modification of CivicPlus templates, sitewide code, or platform configuration beyond standard content management support. ● Full website rebuilds, redesigns, or content migrations involving more than 25 pages or department sites.
● Expanded testing initiatives covering more than 30 net-new pages, digital properties, or applications beyond the approved scope.
● Emergency remediation requests requiring turnaround in less than two business days. ● Work required outside standard Monday through Friday business hours. ● Training cohorts larger than 15 participants per session, unless mutually agreed. ● Legal representation, expert witness services, formal litigation support, or preparation of legal responses to complaints, regulatory investigations, or lawsuits. ● Certified translation, legal translation review, or bulk document translation. ● Purchase, licensing, configuration, or implementation of third-party software not expressly included in this scope.
When a request falls outside the approved scope, Name, Role, Value will notify the City, provide an estimate where applicable, and obtain written approval before beginning the additional work.
9. City Responsibilities
To support successful delivery, the City will provide:
● timely access to relevant systems, including CivicPlus, FileCloud, Microsoft Teams, or other approved platforms as needed;
● appropriate points of contact for Technology Services, City Manager’s Office, Procurement, City Clerk, and relevant departments;
● timely review and approval of documents, workflows, and recommendations; ● department contacts for PDF review, replacement, and escalation; ● access to relevant vendor contacts when third-party coordination is needed; ● attendance support for training and enablement sessions; ● legal, procurement, and leadership review where City approval is required; ● timely notice of capacity constraints, staff transitions, budget changes, or priority shifts that may affect delivery.
The City remains responsible for final decisions regarding policy adoption, legal compliance positions, procurement actions, vendor selection, document publication, and public communications.
10. Access, Confidentiality, and Data Handling
Name, Role, Value may require access to City systems or files to perform the services described in this scope.
Name, Role, Value will:
● use City-provided access only for authorized project purposes; ● follow the principle of least privilege where system access is provided; ● comply with City-approved access processes;
● protect confidential City information using reasonable administrative, technical, and operational safeguards;
● not disclose confidential City information to unauthorized parties; ● notify the City if access issues, security concerns, or data handling questions arise; ● and coordinate with City staff before materially changing how project files or records are stored, transferred, or shared.
The City may revoke or modify system access as needed, provided that both parties work together to avoid unnecessary disruption to project delivery.
11. Limitations
Name, Role, Value provides accessibility operations, consulting, remediation, testing, training, and enablement support.
Name, Role, Value does not provide legal advice. Any legal interpretation of ADA Title II, SB707, procurement law, public records obligations, litigation risk, or regulatory compliance should be reviewed by the City Attorney or other qualified legal counsel.
Accessibility work is also dependent on third-party platforms, vendor systems, City-controlled workflows, staff adoption, and technical limitations of existing systems. Name, Role, Value will support the City in identifying, documenting, prioritizing, and mitigating accessibility issues, but cannot guarantee that third-party platforms, vendor-controlled systems, or all City digital assets will become fully conformant within the term.
12. Success Measures
By the end of the FY26–27 engagement, success should include measurable progress in the following areas:
● reduction of high-priority PDF remediation backlog;
● improved Technology Services ownership of accessibility workflows; ● clearer routing between Technology Services, departments, CivicPlus, third-party vendors, and Name, Role, Value;
● operational WCAG Committee cadence and governance structure; ● improved accessibility documentation and audit trails; ● department staff trained on role-specific accessibility practices; ● stronger procurement and vendor accessibility expectations; ● validation process for remediated content;
● defined decision tree for PDF remediation, HTML conversion, archiving, and DocAccess or similar tool routing;
● and reduced reliance on fragmented outside vendor coordination.
The long-term goal is to position the City to sustain digital accessibility with increasing internal ownership and a smaller external support footprint in future years.
ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 15, 2026
SUBJECT: Amendments to ARPA Agreements with Willdan Engineering and Community Action Partnership of Kern
1. Amendment No. 1 to Agreement No. 2024-309 with Willdan Engineering (reducing compensation from $400,000 to $240,000) to identify non-permitted Accessory Dwelling Units (ADUs) and assist households in bringing these structures into compliance; and
2. Amendment No. 3 to Agreement 2024-304 with Community Action Partnership of Kern (increasing compensation by $160,000) for implementation of the Home Repair and Weatherization Program
RECOMMENDATION:
Staff recommends approval of the amendments.
BACKGROUND:
On November 20, 2024, the City entered into Agreement No. 2024-309 with Willdan Engineering, allocating $400,000 in American Rescue Plan Act (ARPA) funding for the identification of non-permitted Accessory Dwelling Units (ADUs) within the city limits and connection of those households with services to permit those structures.
At the same meeting, the Bakersfield City Council approved Agreement No. 2024-304 with Community Action Partnership of Kern (CAPK), allocating $700,000 in ARPA funds for the implementation of the City’s Home Repair and Weatherization Program.
Willdan Engineering is unable to utilize its full allocation within the agreement term. To prevent the loss of unspent funds, the City proposes reallocating $160,000 originally obligated to Willdan to the Community Action Partnership of Kern, thereby decreasing Willdan’s allocation to $240,000 and increasing the total funding allocated to CAPK to $1,092,464.03.
This reallocation complies with the U.S. Department of the Treasury ARPA guidelines, which allows funds to be reassigned between programs within the same eligible category.
FISCAL IMPACT:
The allocation of unspent funding will be reprogrammed to CAPK as ARPA funds are federal allocations and will have no impact on the General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
1. Agreement No. 2024-309(1)
2. Agreement No. 2024-304(3)
____________________________________________________________ AMENDMENT No. 1 to AGREEMENT No. 2024-309