Minutes, regular meeting, second session — Bakersfield City Council, August 26, 2026 (part 5 of 8)

16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on December 07, 2006, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. Owner hereby agrees that it will be jointly and severally liable with Trustee for the taking of any actions required under this Agreement.

2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following:

2.1. Title 16 of the Bakersfield Municipal Code;

2.2. California Subdivision Map Act (California Government Code Section 66410, et seq.);

2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer” also refers to City Engineer’s designee);

2.4. Adopted City standards; and

2.5. Good engineering practices and workmanlike manner.

3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion.

4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS.

4.1. When Owner notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements.

4.2. When Owner corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements.

4.3. After the Improvements are accepted by City Engineer, City will IMPROVEMENT AGREEMENT - 3 Party
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record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference.

4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase1 covered by this Agreement (the “Covered Phase") until City records the NOC.

5. GUARANTEE AGAINST DEFECTS. Owner and Trustee hereby guarantee all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Owner and Trustee will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded.

6. IMPROVEMENT SECURITY.

6.1. Required Security. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Owner and Trustee must provide security as described herein and detailed in Exhibit C, that establishes the following obligations:

6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein "Performance Security”);

6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040 (herein “Labor and Materials/Payment Security”); and

6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the
Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above (herein ' For tracts that have no phases, the term "Covered Phase" refers to the Project.

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"Warrant/Maintenance Security").

6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of security is acceptable:

6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute;

6.2.2. Cash deposited with City; or

6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City.

6.3 Owner and Trustee’s's Obligation to Maintain Security. It is Owner and Trustee's sole responsibility to maintain the security as follows:

6.3.1 Owner and Trustee must provide City with the original security documentation as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D.

6.3.2 Owner and Trustee must ensure that all security is current and that there is no gap in security coverage. At least sixty days before any security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the security current or provide new security. Any failure by Owner or Trustee to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever security is available for
completion of all Owner and Trustee obligations under this Agreement.

6.3.3 Owner and Trustee must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person
associated with each form of security and identify the local representative and corporate headquarters of the company providing the security ("Contact Information"). It is Owner’s IMPROVEMENT AGREEMENT - 3 Party
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and Trustee's responsibility to ensure that City is provided with updates to any of the Contact Information.

6.4 Release of Security. The Security will be released as described in Exhibit C.

7. DEFAULT; REMEDIES.

7.1. Default. Owner and Trustee will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist:

7.1.1. Owner and Trustee have failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein;

7.1.2. Owner and Trustee have failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement;

7.1.3. Owner and Trustee have abandoned any of the work on the Improvements;

7.1.4. Owner and Trustee, if an individual, have been declared incompetent or placed under the care of a guardian or
conservator, or has disappeared;

7.1.5. Owner and Trustee are subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt;

7.1.6. Owner and Trustee change the form of its business entity to a form different than the one identified in the introductory paragraph above; or

7.1.7. Owner of the Project transfers ownership of the Project.

7.2. Remedies. If Owner or Trustee are in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity;
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7.2.1. Demand that any available surety pay for the completion of the Improvements;

7.2.2. Demand that any available surety assume Owner or Trustee's obligations under this Agreement, in lieu of payment of the secured funds;

7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Owner's and Trustee’s and its surety’s expense, and Owner and Trustee and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof;

7.2.4. Combine the payment of secured funds and the completion of Owner and Trustee's obligations under this Agreement by City forces and/or other entities;

7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the map have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase;

7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and

7.2.7. Revert the real property to acreage. By executing this Agreement, Owner and Trustee warrant that they have
authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion.

Right of Entry. If City elects to exercise its right to the secured funds under this section, Owner and Trustee hereby grant the right of entry to the Project to City, the surety, and the City’s and surety's designated representatives for the purposes of completion of the IMPROVEMENT AGREEMENT - 3 Party
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Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Owner and Trustee not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way.

8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.

9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Owner and Trustee’s failure to comply with any of the terms and conditions of this Agreement.

10. INDEMNITY.

10.1 Owner and Trustee will indemnify, defend, and hold harmless City and its Council, 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 Owner and Trustee or Owner’s and Trustee's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct.

10.2 Owner and Trustee, at their own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and IMPROVEMENT AGREEMENT - 3 Party
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must satisfy any resulting judgment that may be rendered against any of them.

10.3 Owner’s and Trustee's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety.

11. INSURANCE.

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

11.1.1. 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.

11.1.2. 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:

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

11.1.2.2. Provide unlimited products and completed
operations coverage;

11.1.2.3. Provide premises, operations, and mobile
equipment coverage; and
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11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.

11.1.3. 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, Owner
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, Owner 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.

11.2. General Provisions Applying to All Insurance Types.

11.2.1. All policies required of Owner must be written on a first-dollar coverage basis or contain a deductible provision. Subject to City's advance approval, Owner 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.

11.2.2. All policies required of Owner must be primary insurance as to City and its mayor, council, officers, agents, employees, or IMPROVEMENT AGREEMENT - 3 Party
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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
Developer's insurance and must not contribute with it.

11.2.3. 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.

11.2.4. 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.

11.2.5. Full compensation for all premiums which the Developer 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.

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

11.2.7. 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
Developer, and all subcontractors must agree in writing to be bound by the provisions of this section.

12. MISCELLANEOUS.

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12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance.

Any litigation arising in any way from this Agreement must be brought in Kern County, California.

12.2. Notices. All notices related to this Agreement must be given in writing, must be 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 must be addressed as follows, or at any other address designated by notice:

City: CITY OF BAKERSFIELD
Development Services Department
Attention: Land Development
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3724
Owner: Future Value Construction, Inc.
11500 W. Olympic Blvd, Suite 530
Los Angeles, CA 90064
Telephone: (310) 552-9064
Email: [email protected]
Trustee Robert Korda, Trustee of The Survivor’s Trust
Created Under The Robert and Rosina Korda
Living Trust Dated August 28, 2002
Attn: Brittany Pena
2566 Overland Avenue, Suite # 700
Los Angeles, CA 90064
Telephone: (310) 842-4600
Email: [email protected]
Surety: IDB BANK
Attn: Nelson Martinez
1114 Avenue of the Americas
New York, NY 10036
Telephone: 212-551-8500
Email: [email protected]

12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or IMPROVEMENT AGREEMENT - 3 Party
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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.

12.4. 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.

12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

12.6. 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.

12.7. Independent Contractor. This Agreement calls for the performance of Owner and Trustee’s services as an independent contractor.

Owner and Trustee's will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Owner and Trustee other than that of an independent contractor.

12.8. Agreement Mutually Drafted. This Agreement is the product of IMPROVEMENT AGREEMENT - 3 Party
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negotiation, and all parties are equally responsible for its authorship.

California Civil Code Section 1654 does not apply to the interpretation of this Agreement.

12.9. Exhibits. If there is 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 will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

12.10. Tax Numbers.

Owner’s Federal Tax Identification No. 45-4887478.

Owner is a corporation? Yes IZI No
(Please check one.)
Trustee’s Federal Tax Identification No. 557921867.

Trustee is a corporation? Yes No
(Please check one.)

12.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090).

12.12. Further Assurances. Each party will 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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

CITY

CITY OF BAKERSFIELD
By:

KAREN GOH
Mayor
OWNER
FUTURE VALUE^Co/lSTRUCTION, INC.

By:

Print Name: Kevin Slnper
Title: Receiver
[Signatures on Following Page]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ’Name(s) ofSigners)
h/i
Date Here Insert Name and Title of the Officer
personally appeared
State of California
County of
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature® on the instrument the person®, or the entity upon behalf of which the person® acted, executed the instrument.

JOHN KALB RACHLIN
Notary Public - California
?S«gs| Los Angeles County
-jpgsapy Commission # 2508004
My Comm. Expires Jan 21, 2029
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
Signature ,
Place Notary Seal Above
-----------------------------------------------------------OPTIONAL----------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer® Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

Corporate Officer — Title®:

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:

Signer’s Name:

Corporate Officer — Title®:

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

TRUSTEE
APPROVED as to content:

DEVELOPMENT SERVICES DEPARTMENT
By:

PHILLIP BURNS
Development Services Director

ROBERT KORDA, TRUSTEE OF THE
SURVIVOR’S TRUST CREATED UNDER THE

ROBERT AND ROSINA KORDA LIVING
TRUST DATED AUGUST 28, 2002
Print Name: Robert Korda
APPROVED as to form:

VIRGINIA GENNARO
City Attorney
Title: Trustee
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Insurance/Surety:

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Engineer's Estimate
Exhibit C - Required Security
Exhibit D - Security
Exhibit E - Insurance
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. personally appeared
State of California
County of ffygekS______________ J
On iVaKfK/W before me. foMlM ,MOT WWC
J Date mi i i i Hete'Insert Name and Title of the Officer kordtv___ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person^ whose name^g^s/We^subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in hisZbetktlieii authorized capacityfies), and that by his/-hor/tkek signature(8)"on the instrument the person^, or the entity upon behalf of which the person^? acted, executed the instrument.

BRITTANY EDNA RENA k
N»Ury PuBlic - California *
Los Angeles County f
Commission * 253224* r
Hy Comm. Expires Sep 12, 2024
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. umberof Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

Corporate Officer - Title(s):

Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

Signer’s Name: __ _____________
Corporate Officer - Title(s):

Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
©2019 National Notary Association

EXHIBIT A
Checklist for Notice of Completion

DEVELOPMENT SERVICES DEPARTMENT

CITY OF BAKERSFIELD

LAND DEVELOPMENT

CHECKLIST FOR NOTICE OF COMPLETION
ProjectNo. Phase No.

GENERAL INSTRUCTIONS
Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Land Development has received direct confirmation from the Construction Division that the punch list items are complete.

OK NA Checklist Item
City’s punch list, completed and signed off by Construction Inspector.

Utility composite plan, including street light electrical service points.

Street light conduit plan, including pull boxes, points of connection, conduit details, and street light information.

Record drawings of the required improvements, signed by the Engineer of Record, along with an electronic copy
“As-graded" plans, signed by the Engineer of Record, along with an electronic copy
Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments.

Monument elevation map provided to the City.

Maintenance letter from Recreation and Parks
Geotechnical letter confirming sump construction per Grading Plan and/or Drainage Study (if required)
Maintenance letter from Recreation and Parks
Warranty security as required shall be posted
Other items required by tract conditions:

EXHIBIT A

EXHIBIT B
Engineer’s Estimate
DUKE
LengineeringJ
Current Bond Prices 5/20/24
Road Construction Items
Item Units Pricing Qty Total % Complete $ Complete Items Remaining Curb and Gutter - PCC 6"
Curb Over 1,000 L.F.

LF $ 40.00 5714 $228560 100% $228,560.00 $0
Concrete Sidewalk Sq. Ft. $ 6.00 28573 $171438 100% $171,438.00 $0 Concrete Cross Gutter Sq. Ft. $ 9.00 173 $1,557 100% $1,557.00 $0 Wheelchair/Curb Ramp
ADA,Title 24 and Caltrans
compliant. With detectable
warning.

Ea $ 3,000.00 9 $27000 100% $27,000.00 $0
Aggregate Base Class 2 Cu.Yd. $ 120.00 2311 $277320 97% $269,555.04 $7,764.96 Street Surfacing Paving
Asphalt Concrete - For
Streets and Alley Only 1,000
5,000
Cu.Yd. 1000-
5000
$ 100.00 2340 $234,000 97% $227,448.00 $6,552.00
SanitarySewer
Item Units Pricing Qty Total
6" Pipe 3' Minimum Cover- LF $ 60.00 451 $27060 100% $27060 $0 8" Pipe 3' Minimum Cover- LF $ 70.00 1834 $128380 100% $128380 $0 Manholes Standard -6'to 8'
Depth
Ea $ 3,400.00 14 $47,600 100% $47,600 $0
Miscellaneous Items
Item units Pricing Qty Total
Survey Monument Ea $ 1,005.00 15 $ 15,075.00 $ $ 15,075.00 Street Signs Ea $ 300.00 12 $ 3,600.00 9 $ 2,700.00 $ 900.00 Street Lights EA $ 10,000.00 10 $ 100,000.00 8 $ 80,000.00 $ 20,000.00 Total S 1,261,590.00 $ 1,211,298.04 S 50,291.96
20% Contigency $ 252,318.00 S 10,058.39
Bond Enforcement $ 15,000.00 S 15,000.00
Total Bonding S 1,528,908.00 S 75,350.35
Performance Bond S 1,528,908.00 S 764,454.00
Labor & Material Bond S 764,454.00 S 764,454.00
Warranty Bond S 152,890.80 S 152,890.80

EXHIBIT B

EXHIBIT C
Required Security
Required Security

TYPE OF
SECURITY Performance
Labor & Materials/
Payment
Warranty/
Maintenance
WHEN

REQUIRED
When Owner and Trustee submits executed
Agreement and final map to City for approval
When Owner and
Trustee submits
executed
Agreement and final
map to City for
approval
Before City records
the NOC of the
Improvements

AMOUNT OF

SECURITY
100% of the total estimated cost of the
Improvements as reflected in the Engineer's
Estimate attached hereto as Exhibit B and
incorporated herein by reference (“Engineer's
Estimate")
50% of the total
estimated cost of the
Improvements as
reflected in the
attached Engineer's
Estimate
10% of the total
estimated cost of
the Improvements
as reflected in the
attached Engineer's
Estimate

DATE OF

RELEASE/

REDUCTION
Within 30 days after City records a NOC of the
Improvements; but, if City discovers that Owner
and Trustee performed defective work or labor
or furnished defective materials in completing
the Improvements or Owner and Trustee
damages the Improvements after City records
the NOC, the Security will be released only after
Owner and Trustee has repaired or replaced the
defective or damaged Improvements to City's
satisfaction.

When submitted to City, the Performance
Security, on its face, must be effective for no
fewer than 18 months after the Effective Date of
this Agreement and subject to the requirements
of this section. City may, in its sole discretion,
authorize a reduction of the face value of the
Performance Security, if requested by Owner
and Trustee, once the Improvements are
sufficiently completed to make them
operational and usable as a public
improvement. If the reduction is authorized, City
will use the Engineer's Estimate to determine the
amount of the reduction based on the portion
of the Improvements completed; but, in no
case, will City authorize a reduction of the face
value of the Security below 50% of the originally
required amount.
90 days after City
records a NOC of the
Improvements unless
City receives written
notice that an action
or stop notice has
been filed related to
the construction of
the Improvements, in
which case the
Security, at Owner
and Trustee's
request, may be
reduced to an
amount not less than
the total of all claims
on which an action
or stop notice has
been filed
18 months after
recordation of the
NOC of the
Improvements

EXHIBIT C

EXHIBIT D
Security

IDE BANK
It's personal
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542
DATE AND PLACE OF ISSUE:

JUNE 16, 2026

NEW YORK
APPLICANT:

ROBERT PETER KODA
2566 OVERLAND AVE STE 700
LOS ANGELES, CA 90064
DATE AND PLACE OF EXPIRY:

JUNE 12, 2028

AT OUR COUNTERS
BENEFICIARY:

CITY OF BAKERSFIELD

DEVELOPMENT SERVICES DEPARTMENT
1715 CHESTER AVENUE
BAKERSFIELD, CA 93301
AMOUNT: USD 756,954.00 (SEVEN HUNDRED FIFTY SIX THOUSAND NINE HUNDRED FIFTY FOUR AND 00/100 U.S.DOLLARS)

WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542 IN FAVOR OF CITY OF BAKERSFIELD DEVELOPMENT

SERVICES DEPARTMENT FOR UP TO AN AGGREGATE AMOUNT OF USD 756,954.00 EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE

ISRAEL DISCOUNT BANK OF NEW YORK,
1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036
ATTN: TRADE FINANCE DEPT., ON JUNE 12, 2028.

FUNDS HEREUNDER ARE AVAILABLE TO YOU AGAINST PRESENTATION OF THE FOLLOWING:
1) YOUR SIGHT DRAFT(S), DRAWN ON US, STATING "DRAWN UNDER

ISRAEL DISCOUNT BANK OF NEW YORK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S960542.
2) YOUR SIGNED STATEMENT CERTIFYING: (OPTIONAL)
QUOTE[insertstatement]

U N QUOTE
3) THE ORIGINAL STANDBY LETTER OF CREDIT AND THE ORIGINAL OF ALL SUBSEQUENT AMENDMENT(S), IF ANY.
+THIS STANDBY LETTER OF CREDIT IS TRANSFERABLE IN FULL, AND NOT IN PART. WE SHALL NOT RECOGNIZE ANY TRANSFER OF THIS STANDBY

LETTER OF CREDIT UNTIL AN EXECUTED TRANSFER FORM IS DELIVERED TO US. (OUR TRANSFER FORM IS ATTACHED)
+TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. ******CONTINUED ON NEXT PAGE******
lshdbr IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.

EXHIBIT D

IDE BANK
It's personal
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960542
DATE OF ISSUE: JUNE 16, 2026 PAGE 2
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
+THIS CREDIT IS TRANSFERABLE EXCEPT TO ANY SPECIALLY DESIGNATED NATIONALS AS DEFINED IN SECTION 500.306 OF U.S. FOREIGN ASSETS CONTROL REGULATIONS.

WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) AND DOCUMENTS

SPECIFIED DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND

CONDITIONS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT 1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036 ATTN: TRADE FINANCE DEPT.

IN THE EVENT YOU WISH TO COMMUNICATE WITH US, YOU MAY
SEND EMA1LTO: [email protected] AND [email protected]

EXCEPT AS FAR AS OTHERWISE STATED HEREIN, THIS STANDBY LETTER

OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES ISP98, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 590. ************ISRAEL DISCOUNT BANK OF NEW YORK************ **********END OF CREDIT**********

EXHIBIT D
L°bho«R IDB Bank is a registered service mark of Israel Discount Bank of New York. Member FDIC.

Israel Discount Bank of New York
1114 Avenue of the Americas
New York, NY 10036
NewYork,NY, 20
Re: Standby Letter ofCredit No.:

Issued by Israel Discount Bank of New York, NY
To whom it may concern:

For value received, the undersigned beneficiary hereby irrevocably transfers to:
(Name of Transferee)
(Address)
all rights of the undersigned beneficiary to draw under the above Standby Letter of Credit in its entirety.

By this transfer, all rights of the undersigned beneficiary in such Standby Letter of Credit are transferred to the Transferee, and the Transferee shall have the sole rights as beneficiary thereof, including sole rights relating to any amendments, whether increases or extensions or other amendments, and whether now existing or hereafter made. All amendments are to be advised directly to the Transferee without necessity for any consent of, or notice to, the undersigned beneficiary.

The original Standby Letter of Credit is returned herewith, together with all amendments to date. Please endorse the transfer thereon, and forward it directly to the Transferee with your customary notice of transfer.

Very truly yours,
(print or type name of beneficiary)

SIGNATURE AUTHENTICATED
(name of bank)
By:
(authorized signature)
(signature ofbeneficiary)

EXHIBIT D
(Transferred in its entirety - all amendments, including increases and extensions, applicable to Transferee)

IDE BANK
It’s personal
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543
DATE AND PLACE OF ISSUE:

JUNE 16, 2026

NEW YORK
APPLICANT:

ROBERT PETER KODA
2566 OVERLAND AVE STE 700
LOS ANGELES, CA 90064
DATE AND PLACE OF EXPIRY:

JUNE 12, 2028

AT OUR COUNTERS
BENEFICIARY:

CITY OF BAKERSFIELD

DEVELOPMENT SERVICES DEPARTMENT
1715 CHESTER AVENUE
BAKERSFIELD, CA 93301
AMOUNT: USD 756,954.00 (SEVEN HUNDRED FIFTY SIX THOUSAND NINE HUNDRED FIFTY FOUR AND 00/100 U.S.DOLLARS)

WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543 IN FAVOR OF CITY OF BAKERSFIELD DEVELOPMENT

SERVICES DEPARTMENT FOR UP TO AN AGGREGATE AMOUNT OF USD 756,954.00 EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE

ISRAEL DISCOUNT BANK OF NEW YORK,
1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036
ATTN: TRADE FINANCE DEPT., ON JUNE 12, 2028.

FUNDS HEREUNDER ARE AVAILABLE TO YOU AGAINST PRESENTATION OF THE FOLLOWING:
1) YOUR SIGHT DRAFT(S), DRAWN ON US, STATING "DRAWN UNDER

ISRAEL DISCOUNT BANK OF NEW YORK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S960543.
2) YOUR SIGNED STATEMENT CERTIFYING: (OPTIONAL)
QUOTE[insert statement]
_______________________________U N QU OTE
3) THE ORIGINAL STANDBY LETTER OF CREDIT AND THE ORIGINAL OF ALL SUBSEQUENT AMENDMENT(S), IF ANY.
+THIS STANDBY LETTER OF CREDIT IS TRANSFERABLE IN FULL, AND NOT IN PART. WE SHALL NOT RECOGNIZE ANY TRANSFER OF THIS STANDBY

LETTER OF CREDIT UNTIL AN EXECUTED TRANSFER FORM IS DELIVERED TO US. (OUR TRANSFER FORM IS ATTACHED)
+TRANSFER CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT. ******CONTINUED ON NEXT PAGE******
lender IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.

EXHIBIT D

IDE BANK
It's personal
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S960543
DATE OF ISSUE: JUNE 16, 2026 PAGE 2
1114 Avenue of the Americas
New York, NY 10036
212-551-8500
idbny.com
+THIS CREDIT IS TRANSFERABLE EXCEPT TO ANY SPECIALLY DESIGNATED NATIONALS AS DEFINED IN SECTION 500.306 OF U.S. FOREIGN ASSETS CONTROL REGULATIONS.

WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) AND DOCUMENTS

SPECIFIED DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND

CONDITIONS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT 1114 AVENUE OF THE AMERICAS, NEW YORK, NY 10036 ATTN: TRADE FINANCE DEPT.

IN THE EVENT YOU WISH TO COMMUNICATE WITH US, YOU MAY
SEND EMAIL TO: [email protected] AND [email protected]

EXCEPT AS FAR AS OTHERWISE STATED HEREIN, THIS STANDBY LETTER

EXHIBIT D
lender IDB Bank' is a registered service mark of Israel Discount Bank of New York. Member FDIC.

Israel Discount Bank of New York
1114 Avenue of the Americas
New York, NY 10036
New York, NY 20
Re: Standby Letter ofCredit No.:

Issued by Israel Discount Bank of New York, NY
To whom it may concern:

Very truly yours,
(print or type name of beneficiary)

SIGNATURE AUTHENTICATED
(name of bank)
By:
(authorized signature)
(signature of beneficiary)

EXHIBIT D
(Transferred in its entirety - all amendments, including increases and extensions, applicable to Transferee)

EXHIBIT E
Insurance
RECESPE-03 LMILLIKEN

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
8/19/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). producer License # 0757776
HUB International Insurance Services Inc.

PO Box 3310
Santa Barbara, CA 93130-3310

CONTACT
NAME:
™o, Ext): (805) 682-2571 FAX
(A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
insurer a : Evanston Insurance Company 35378

INSURED
Receivership Specialists-Court Receiver/Referee
Kevin Singer and Future Value Construction, Inc.
11500 W. Olympic Blvd., Suite 530
Los Angeles, CA 90064
INSURER B :

INSURER C :

INSURER D :

INSURER E:

INSURER F :

COVERAGES__________________ CERTIFICATE NUMBER:______________________________________REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSD
SUBR

WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY
X 3AB015718 6/10/2026 6/10/2027
EACH OCCURRENCE $ 1,000,000
| CLAIMS-MADE | X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) ' 100,000
MED EXP (Any one person) . 5,000 «J>
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LI VIIT APPLIES PER:

CT 1 LOC
GENERAL AGGREGATE . 2,000,000
POLICY | 1 jf
PRODUCTS - COMP/OP AGG $
OTHER: $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY(Perperson) $
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-QWNED

AUTOS ONLY
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident) $
$

UMBRELLA LIAB OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
EXCESS LIAB AGGREGATE $
DED | | RETENTIONS
$

WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY v ,.. Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? (Mandatory in NH) -------- 1
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
I PER I I OTHI STATUTE I I ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 15 ACRES OF VACANT LAND AT TRACT 6850, PHASE 2, BAKERFIELD, CA 93306.

The City Bakersfield, its mayor, council, officers, agents, employees and volunteers are included as an additional insured. exhibit e

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

CITY OF BAKERSFIELD

OFFICE OF RISK MANAGEMENT
1600 TRUXTUNAVE.

Bakersfield, CA 93301
___________ I________________________________________________________

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 3AB015718 COMMERCIAL GENERAL LIABILITY
CG 20 12 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

State Or Governmental Agency Or Subdivision Or Political Subdivision:

City of Bakersfield Office of Risk Management 1600 Truxtun Ave Bakersfield, CA 93301 Section II - Who Is An Insured is amended to
include as an insured any state or governmental
agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf for
which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of operations
performed for the federal government, state or
municipality; or
b. "Bodily injury" or "property damage" included
within the "products-completed operations
hazard".

EXHIBIT E
CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Receivership Specialists
STATE AND U.S. FEDERAL COURT RECEIVERS/REFEREES/TRUSTEES June 24,2026 VIA EMAIL
From: Kevin Singer
Superior Court Receiver
Receivership Specialists
11500 W. Olympic Boulevard, Suite 530
Los Angeles, California 90064
[email protected]
To: City ofBakersfield
Louis R. Rodriguez
ENGINEER I - Land Development
[email protected]
Re: Tract 6850 Phase 2
I am the Superior Court Receiver appointed over the above-referenced property, more specifically described as “15 ACRES OF VACANT LAND AT TRACT 6850, PHASE 2, BAKERFIELD, CA 93306” (the “Property”) in Kern County Superior Court case 26CUB01495.

The Property has no employees, and consequently does not carry workers’ compensation insurance.

Similarly, the Property owns no automobiles, and consequently does not carry automobile liability insurance.

Please let me know if you have any questions or concerns. I can be reached at (310) 552-9064, and my Senior Project Manager, Andy Hoover, can be reached at (310) 892-7909.

Sincerely,
Kevin Singer
Superior Court Receiver
EXHIBIT e
Corporate Headquarters
Los Angeles
11500 W. Olympic Blvd.

Suite 530
Los Angeles, CA 90064
Tel: (310)552-9064
Fax: (310)552-9066
Irvine
One Park Plaza
Suite 600, PMB 435
Irvine, CA 92614
Tel: (949)238-2801
Fax: (949)852-4480
San Francisco
One Sansome Street
Suite 1400
San Francisco, CA 94104
Tel: (415)590-4823
Fax: (415)946-8837
San Diego
4660 La Jolla Village Dr.

Suite 100
San Diego, CA 92122
Tel: (858)546-4815
Fax: (858)646-3097
Ventura/Santa Barbara
1500 Palma Drive
2nd Floor
Ventura, CA 93003
Tel: (805)267-1283
Fax: (805)654-0080
Sacramento
980 9th Street
16th Floor
Sacramento, CA 95814
Tel: (916)449-9655
Fax: (916)446-7104
Las Vegas
7251 W. Lake Mead Blvd.

Suite 300
Las Vegas, NV 89128
Tel: (702)562-4230
Fax: (702)562-4001
Reno
200 S. Virginia Street
Suite 800
Reno, NV 89501
Tel: (775)398-3103
Fax: (775) 686-2401
Phoenix
2 N. Central Ave.

Suite 1800
Phoenix, AZ 85004
Tel: (602)343-1889
Fax: (602)343-1801
Receivership Specialists 1495

BAKERSFIELD
THE SOUND OF freh/teUw} I?*#/-
Workers' Compensation Coverage
Exemption Declaration
The undersigned (hereinafter referred to as “I" or "Me”) hereby declares that the following is true and correct:

I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services.

I am familiar with the terms of said agreement which require Me to maintain workers’ compensation coverage as required by California Law.

I am familiar with the workers’ compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers’ compensation insurance, and I am exempted under the law from the requirement to maintain workers’ compensation insurance coverage.

In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should I become subject to the worker’s compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield.

Title: Court Receiver Telephone: (310) 552-9064
Warning: In California, failure to secure workers’ compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 ofthe Labor Code, including, but not necessarily limited to, interest and attorney’s fees.

Risk Management -09/19 EXHIBIT E

OS
A
R-1
R-1
A
R-1-HD
R-1
R-2
R-1-HD
R-2
A
FP-P
R-1 A-HD
R-1
R-1-HD
C-O

OS-FP-S
C-2
FP-P
R-1
C-O
FP-P

OS-FP-S
R-1-HD
OS
R-1
C-2

OS-FP-S
C-2
VESTING TENTATIVE TRACT 6850
200611_06KM
³
R-1

KERN RIVER
4 T29S, R29E
CITY
COUNTY

ALFRED HARRELL HIGHWAY

LAKE MING ROAD
0 250 500 750 1,000
Feet
OS

ALFRED HARRELL HIGHWAY

LAKE MING
ROAD
CIT
C
Y
OUNTY

KERN RIVER

ADMINISTRATIVE REPORT
MEETING DATE: August 26, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: August 11, 2026
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Encanto Gardens IV, LLC, for Tract 7408 Phase 3.

Developer is requesting to enter into agreements so the final map for Tract 7408 Phase 3 located on the Northeast corner of South Allen Road and Pensinger Road can be approved and recorded (Ward 5) RECOMMENDATION:

Staff recommend approval of the Final Map, Improvement Agreement, and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7408 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, Encanto Gardens IV, a Delaware Limited Liability Company 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.

The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.

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 7408 – 3 – Final Map

2. Tract 7408 – 3 – Improvement Agreement

3. Tract 7408 – 3 – Landscape Agreement

4. Tract 7408 – 3 – Vicinity Map

5. Tract 7408 – 3 - Covenants

WAY
YEADON

SCARPA ST
PUGIN
PL

MACLURE DR

HAWKSMOOR ST
ITO
WAY

GIOCONDO AVE
KOENIG

HELMUT LN
WAY

NEUTRA DR
EIF
F
E
L
PL
WIN
D
E
RME
RE S
T

PENSINGER RD

BOLTHOUSE
DR

WINDERMERE ST

S ALLEN RD
GC
GC
GC
GC
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR
LR

WM-LMR WM-HMR WM-SU WM-SU WM-SU WM-SU
R-IA
R-IA
R-IA
R-IA
R-IA
R-IA
GC GC
GC
GC
GC
GC
WM-SU
LR
LR
LR
LR
LR
LR
LR
11/27/2023
0 310 620
Feet
_
VTTM 7408
LEGEND
(GENERAL PLAN

LAND USE)
RR Rural Residential

2.5 gross acres/dwelling unit
ER Estate Residential
1 dwelling unit/net acre
SR Suburban Residential
≤4 dwelling units/net acre
SR/LR
County: ≤ 4 dwelling units/net acre
City: ≤ 7.26 dwelling units/net acre
LR Low Density Residential
≤ 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 but ≤ 10 dwelling units/net acre
HMR High Medium Density Residential
>7.26 units but
≤17.42 dwelling units/net acre
HR High Density Residential
>17.42 units but
≤72.6 dwelling units/net acre
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
LI Light Industrial
SI Service Industrial
HI Heavy Industrial
P Public Facilities
PS Public/Private Schools
PT Public Transportation Corridors
P-SW Solid Waste Facilities
OS Open Space
OS-P Parks and Recreation
OS-S Slopes exceeding 30%
R-IA Resource -
Intensive Agriculture
20 acre minimum parcel size
R-EA Resource -
Extensive Agriculture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource -
Minerals & Petroleum
5 acre minimum parcel size
UER Urban Estate Residential
Western Rosedale Plan

0.5 acre net minimum parcel size
WM West Ming Specific Plan
Tract 7408
Vicinity Map

ADMINISTRATIVE REPORT
MEETING DATE: August 26, 2026 AGENDA CATEGORY: CONSENT - Agreements TO: Honorable Mayor and City Council
FROM: Darin Budak, Recreation and Parks Director
DATE: August 11, 2026
SUBJECT: Landscape Maintenance and License Agreement with Old River Apartments LLC. for licensee to provide regular landscape maintenance at no cost to the city for the Old River Apartments located at 9707 Sherborne Avenue (Ward 5)
RECOMMENDATION:

Staff recommends approval of the landscape maintenance and license agreement.

BACKGROUND: Old River Apartments, LLC (LICENSEE) is the owner of Old River Place Apartments located at 9707 Sherborne Ave, Unit A. (PROPERTY). The LICENSEE in its capacity as the manager of PROPERTY made a proposal to the CITY to enhance the landscaping and provide regular maintenance in certain public areas and CITY rights of ways along Old River Road (MAINTENANCE AREA). The LICENSEE desires to obtain from the CITY and CITY is willing to grant LICENSEE, a license to enhance and maintain certain landscaping within the CITY’s rights of ways.

The LICENSEE agrees to provide maintenance and repair for the duration of the Landscape Maintenance and License Agreement (AGREEMENT), at no cost to the CITY for all walls, irrigation equipment, and streetscape landscaping areas as described in the Exhibits of the AGREEMENT. Maintenance shall be performed on a weekly basis which includes regular mowing, irrigation, irrigation repairs, weed control, and litter removal. LICENSEE shall provide maintenance of pedestrian walkways and hardscapes maintenance including removal of weeds, litter, debris, and any obstruction that may cause hazards along with regular pruning of shrubs and tree care. LICESSEE shall at a minimum maintain the maintenance areas at a level consistent with the standard maintenance within CITY’s Consolidated Maintenance District.

The term of this AGREEMENT once approved by Council will be for perpetuity. Either LICENSEE or CITY may terminate this AGREEMENT upon a ninety (90) days prior written notice to the non-terminating property.

FISCAL IMPACT: There is no impact to the Recreation and Parks Department’s General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: August 26, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: July 21, 2026
SUBJECT: Agreement with Provost & Pritchard Consulting Group (not to exceed $173,600) for design and engineering services for the McCutchen Road At-Grade Crossing Improvements Project
RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

In recent years, the City of Bakersfield has experienced continued commercial and residential growth in the southwest area of the City. This growth has resulted in increased traffic volumes along key roadways, including McCutchen Road, which serves as a primary route for residents traveling to commercial centers, schools, and other essential destinations. The intersection of McCutchen Road and Progress Road includes an at-grade railroad crossing owned and operated by BNSF Railway. As traffic volumes continue to increase, improving safety and mobility at this crossing has become a priority.

Approval of this agreement will initiate the design phase for improvements and railroad company coordination that will enhance the safety and efficiency of travel through the existing at grade crossing.

FISCAL IMPACT:

Funding for this project will come out of the existing Panama Lane & Progress Road At Grade Crossing Improvements Project (T7K226). This project is funded with Gas Tax (SB1) funds and from the Transportation Development Fund (TDF). There is sufficient funding in the existing project for this agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: August 26, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: August 12, 2026
SUBJECT: Environmental Impact Report (EIR) for7
th Standard Marketplace Project,
Planned Development Review No. 25-0022 (Ward 4)

1. Agreement with Costco Wholesale Corporation ($164,853.00) for the preparation of an EIR.

2. Agreement with Impact Sciences, Inc. ($124,853.00) to assist the City in preparing the EIR.

3. Appropriate $164,483.00 (Costco Wholesale Corporation) to the Development Services Operating budget in the General Fund.

RECOMMENDATION:

Staff recommends approval of the agreements and the appropriation of funds.

BACKGROUND:

Costco Wholesale Corporation is requesting to subdivide the currently agricultural 36-acre property into 11 parcels, and to construct and operate approximately 225,365 square feet (SF) of commercial uses. The uses consist of nine single-story commercial buildings with various uses, including one automated car wash, four drive-through restaurants, one drive-through financial institution, retail and restaurant spaces, a major anchor store(a Costco Warehouse), and a fuel facility. The project site is located on the southwest corner of the 7th Standard Road/Calloway Drive intersection. The project includes the following actions:

1. Planned Development Review No. 25-0022

2. Vested Tentative Parcel Map No. 12633
APPLICANT – CITY AGREEMENT:

The agreement acknowledges that Costco Wholesale Corporation will pay for all costs associated with preparing the EIR. The total cost of the EIR is $164,483.00, which consists of $124,853.00 for the consulting services and $40,000.00 to reimburse the City for its costs in managing the project.

CONSULTANT – CITY AGREEMENT:

The agreement sets forth the scope of services for the preparation of an EIR for Planned Development Review No. 25-0022 and Vested Tentative Parcel Map No. 12633 by Impact Sciences, Inc.

FISCAL IMPACT:

The Action approves both agreements with the developer and consultants, due to the fact that the developer will cover the cost plus reimbursement for staff time spent, therefore this will have no fiscal impact to the City General Fund.

COUNCIL GOAL:

Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:

1. Costco Wholesale Corporation. Agreement

2. Impact Sciences, Inc. Agreement

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 1 OF 5 PAGES
AGREEMENT NO. ____________

APPLICANT REIMBURSEMENT AGREEMENT
THIS APPLICANT REIMBURSEMENT AGREEMENT is made and entered into on ___________________ by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY” herein), and COSTCO WHOLESALE CORPORATION, a Washington Corporation, authorized to do business in California (“APPLICANT” herein).

R E C I T A L S
WHEREAS, APPLICANT has filed an application with the CITY for a Planned Development Review No. 25-0022 (the “Project” herein); and WHEREAS, said Project is described as a Planned Development Review (PDR) to develop a commercial complex that includes ten buildings, a passenger vehicle fueling facility, surface parking, a drainage basin, and landscaping throughout. At the site’s northern portion, approximately 40,800 SF of retail, commercial, and restaurant uses will be constructed in eight separate buildings.

The site’s southern portion includes a drainage basin and a 184,480-SF Major Anchor Store with a passenger vehicle fueling facility; and WHEREAS, it has been determined that the preparation of an Environmental Impact Report (“EIR”) is required for the Project; and
WHEREAS, it is the CITY’S responsibility to prepare or cause the EIR to be prepared; and
WHEREAS, CITY intends to contract with a qualified contractor to prepare the EIR; and
WHEREAS, CITY shall require APPLICANT to reimburse CITY for the costs of preparation and certification of the EIR, including both contractor’s costs and City staff costs; and
WHEREAS, APPLICANT desires CITY to contract with a contractor to prepare and present an EIR for the Project and agrees to reimburse CITY for all costs related to the preparation and certification of the EIR.

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

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 2 OF 5 PAGES

1. SCOPE OF WORK. CITY shall hire a contractor of its choice to prepare the EIR and any other work relating to the environmental evaluation of the Project. The work to be performed by the contractor and City staff includes all actions necessary to complete the task the contractor has been hired to perform, whether specifically included in the scope of work or not. The work program for the contractor is attached hereto and incorporated herein as Exhibit “A”.

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

2.1. Consultant’s cost for preparation of the EIR is $124,853.00.

2.2. CITY’s cost associated with preparation of the EIR is estimated to be $40,000.00.

The initial amount of $164,853.00 (contractor and CITY Cost), which constitutes a total of the estimated costs of services to be performed by the contractor and CITY staff, shall be paid prior to City Council approving this Agreement. Applicant shall also pay any additional funds requested by CITY to pay costs associated with the preparation of the EIR. Said additional payments shall be due and payable within 5 business days of CITY’s notification to APPLICANT.

3. RECORDS OF COSTS. At such time as CITY requires additional funds from APPLICANT, CITY shall provide APPLICANT with a record of the costs for which APPLICANT is being charged. After certification of the EIR and final consideration of the Project, CITY shall provide APPLICANT with a final accounting of the costs for which APPLICANT has been charged.

4. PREPARATION AND SUBMITTAL OF SPECIAL STUDIES. The APPLICANT has chosen to contract qualified professional consultants to prepare certain specialized environmental studies (herein referred to as “STUDIES”), as follows:

4.1. Air Quality/Climate Change Analysis/Health Risk Assessment

4.2. Biological Resources Study

4.3. Archaeological Evaluation/Study (with Paleontology component)

4.4. Traffic Impact Study

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 3 OF 5 PAGES

4.5. Water Will-Serve or Availability Letter

4.6. Water Supply Assessment

4.7. Phase I Environmental Site Assessment

4.8. Urban Decay Analysis

4.9. Acoustical Analysis

4.10. Blast Zone Report
APPLICANT agrees that the STUDIES shall be prepared in accordance with CEQA and in a format acceptable to the CITY. APPLICANT agrees that it shall be its responsibility to cover the costs of any additional information, analysis, corrections, and revision of the STUDIES deemed to be required by the Planning Director. APPLICANT understands they are fully responsible for managing contractors hired by them to prepare the special studies listed above and provide STUDIES and any required information in accordance with the Project schedule and associated deadlines provided by the CITY.

5. INDEMNITY. APPLICANT shall indemnify, defend and hold harmless CITY, 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 APPLICANT or APPLICANT’S employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by the party indemnified hereunder, except for City’s sole active negligence or willful misconduct.

6. TERMINATION. This Agreement may be terminated upon fourteen (14) calendar days written notice for any of the following reasons:

6.1. APPLICANT withdraws the application.

6.2. APPLICANT fails to provide adequate funds as requested by the CITY.

6.3. APPLICANT fails to cooperate with CITY or contractor.

Any unexpended funds as of the date of termination shall be returned to APPLICANT.

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 4 OF 5 PAGES

7. WAIVER OF DEFAULT. The failure of any party to enforce against another provision of this Agreement shall not constitute a waiver of that party’s right to enforce such provision at a later time, and shall not serve to vary the terms of this Agreement.

8. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California.

9. 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 depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
Phillip Burns, Director
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
(661) 326-3733
APPLICANT: COSTCO WHOLESALE CORPORATION
ATTN: Rick Jerabek
999 Lake Drive
Issaquah, Washington 98027

10. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties.

11. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

12. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations regarding the preparation of this Environmental Impact Report. This contract may be modified only in a writing approved by the City Council and signed by all the parties.

APPLICANT/REIMBURSEMENT AGREEMENT
PAGE 5 OF 5 PAGES

13. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.

14. 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.

15. ACCOUNTING RECORDS. CITY 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 City Hall during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to APPLICANT upon request at any time during regular business hours.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“CITY” “APPLICANT”

CITY OF BAKERSFIELD COSTCO WHOLESALE CORPORATION
By: _________________________ By: ___________________________ KAREN K. GOH RICK JERABEK
Mayor Counsel

APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By:

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

Deputy City Attorney II:______________________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
Attachment: Exhibit A – Proposal
S:\Planning\Agrs\26-27\App. Reimbursement Agmt-Impact Sciences - 7th Standard Marketplace.docx

CITY OF BAKERSFIELD
Proposal for Planned Development Review
No. PDRN-25-0022
(7th Standard Marketplace Project)
Peer Review of Technical Studies and
Environmental Impact Report
August 5, 2026
SUBMITTED BY:
811 W. 7th Street, Suite 200
Los Angeles, CA 90017
(213) 935-1901
www.impactsciences.com
Impact Sciences, Inc. 1 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield

1.COVER PAGE
August 5, 2026
Roque Nino
Principal Planner
City of Bakersfield
Planning Division
Development Services Department
1715 Chester Avenue
Bakersfield, California 93301
RE: Proposal to Provide Professional Services for the City of Bakersfield to Peer Review Technical Studies and Environmental Impact Report for Planned Development Review No. PDRN-25-0022 (7th Standard Marketplace Project)
Dear Roque,
Impact Sciences is pleased to present this proposal to peer review technical studies and the environmental impact report (EIR) for the 7th Standard Marketplace Project (Project) in the City of Bakersfield (City). Impact Sciences recently prepared an EIR for the Bakersfield Temple project, which required multiple rounds of peer review as well as coordination with the City and the Applicant team on printing and distribution. Our direct experience preparing EIRs for the City makes our team uniquely qualified for this project.

Our team, led by Jessica Kirchner, is adept at coordinating between Applicant and lead agency teams (including City Attorney) and understands the necessary balance to ensure the lead agency has an environmental document that meets their needs.

For this contract, Jessica Kirchner, AICP, will serve as the Principal in Charge.

With more than 20 years of experience preparing CEQA documents, Jessica is well qualified to oversee this Project. Brad Perrine will serve as the Project Manager and will manage day-to-day communication and deliverables. Brad has 17 years of CEQA experience and has overseen the preparation of numerous development projects for public agencies. Together, Jessica and Brad prepared the EIR for the Stockdale / Jewetta Religious Campus project. Therefore, our team has a keen familiarity with the City’s policies and CEQA processes.

Our approach is to provide the Planning Department with a highly skilled principal and senior team members with a deep understanding of the unique aspects of the Project, who will work closely with the Planning Department to guide this Project through the environmental process. The combination of our current experience in the City,

Impact Sciences, Inc. 2 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield
and our emphasis on responsiveness affords Impact Sciences the ability to support the City in an efficient manner in terms of both cost and the time required to initiate and complete the environmental review process.

Roque, we appreciate this opportunity to provide our qualifications to the City of Bakersfield. Should you have any questions, please contact me, Jessica Kirchner, at [email protected] or (213) 935-1901 ext. 251.

Sincerely,
IMPACT SCIENCES, INC.

Jessica Kirchner, AICP
President & CEO

Impact Sciences, Inc. 3 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield

2. PROFESSIONAL TEAM & QUALIFICATIONS
Impact Sciences is a California corporation founded in Thousand Oaks that has been preparing environmental documentation since its founding in 1988. We are a certified woman-owned business enterprise (WBE), a certified small business enterprise (SBE), and a certified disadvantaged business enterprise (DBE). At Impact Sciences, we take pride in creating lasting partnerships founded on trust and the spirit of collaboration. Impact Sciences specializes in all facets of environmental planning and our technical experts offer personalized service and high-level strategic guidance on a wide range of environmental planning issues. Impact Sciences’ primary services include the full range of CEQA documents, which are thorough, credible, and structured to meet the unique needs and objectives of each project. Impact Sciences is sought out on a regular basis to prepare such documents, especially for technically complex and controversial projects.

Impact Sciences has been involved in the environmental review of major projects throughout California for its entire 37-year history. We assist in all aspects of CEQA compliance, including the determination of whether the proposed action qualifies as a project under CEQA, and if so, what type of CEQA documentation is required. A full list of our CEQA services is provided below. Additionally, our in-house technical services staff prepare rigorous technical studies in support of environmental analyses. These technical services include air quality and greenhouse gas (GHG) emissions analyses; human health risk assessments (HRAs); and noise and vibration analyses.

A hallmark of all Impact Sciences’ environmental analyses is the presentation of often complex and scientific information in a clear, concise, and straightforward manner that is readily understood by the trained professional and the layperson. We have found over the years that this approach facilitates a project’s transition from proposal to reality by ensuring that all concerned have a common point of understanding about the consequences of decisions related to the environment. Our full suite of services include:
• CEQA/NEPA Compliance
− Initial Studies (ISs)
− Categorical Exemption and Exclusion (CEs)
− Alternatives Analyses
− Affordable/Supportive Housing
streamlining and compliance
− Mitigated Negative Declarations (MNDs) /
Negative Declarations (NDs)
− Project and Program Environmental
Impact Reports (EIRs)
− Addenda to EIRs/NDs
− Sustainable Communities Environmental
Assessments (SCEAs)
− Sustainable Communities Project
Exemptions (SCPEs)
− Preliminary Environmental Assessment
Reports (PEARs)
− Environmental Assessments (EAs)
− Environmental Impact Statements (EISs)
− Tiered and Joint CEQA/NEPA documents
− Peer Review and Expert Witness Testimony
• Air Quality and Greenhouse Gas Technical
Services
− Air Quality Modeling and Reporting
− Health Risk Assessments (HRAs)
− GHG Studies and Reporting
• Noise and Vibration Studies/Modeling
− Noise Measurement and Monitoring
• Planning Services
− Environmental Justice Analysis and
Elements
− Safety Elements
− Preparation of Ordinances, Staff Reports,
Agency Support
− Geographic Information Systems (GIS)
Mapping
− Sustainability Planning
− Adaptation and Resiliency Planning and
Reporting

Impact Sciences, Inc. 4 CEQA Services for General Plan Amendment/Zone Change No. 24-0377 August 5, 2026 Proposal for the City of Bakersfield

2.1 Name and Location of Office
The name and location of the office where project work is to be performed is listed below:

Impact Sciences, Inc.
445 S. Figueroa Street, Suite 2550
Los Angeles, CA 90071

2.2 Total Personnel by Discipline of the Professional Team The Impact Sciences team is made up of professionals with a broad background in preparing a variety of environmental documents. Our organizational structure starts with a strong management team that will be the primary point of contact as projects arise. We purposely create focused teams that closely align with our staff expertise and respond to the individual needs of a project. Full resumes are provided in Appendix A.

Senior Staff Peer Reviewers
Jessica Kirchner, AICP, Owner & Managing Principal
Project Role: Principal in Charge and Reviewer | Availability: 30% As owner and principal, Jessica frequently serves in multiple roles on projects, including contract and project manager. She also conducts and writes environmental analyses, all while overseeing the firm’s most high-profile clients, revenue, and growth of the firm. With more than 20 years of experience and a background in journalism, Jessica’s emphasis on clear, concise documents that are not overly complicated has become a company hallmark, along with the ability to deliver projects on unbelievably tight deadlines. She is highly skilled at taking technical documents and concepts and translating them into reader-friendly concepts. Jessica has overseen the preparation of numerous technical reports and environmental documents. She serves as Principal in Charge for multiple housing, institutional, and educational projects, including commercial and mixed-use projects throughout Southern California and in the Central Valley. She has additional expertise in streamlining and tiering of projects.

Brad Perrine, Senior Project Manager
Project Role: Project Manager and Reviewer | Availability: 50% Brad has more than 17 years of experience writing environmental analyses in compliance with CEQA and NEPA for various projects in urban, suburban, and rural areas in Los Angeles, the Inland Empire, the Coachella Valley, and the Central Valley. Brad’s project experience ranges from small infill developments to projects of regional significance. An experienced project manager, Brad is responsible for resource allocation; scheduling and budget management; environmental review for several projects at a time; coordination with clients, agencies, and other stakeholders; and presentations on environmental topics at public hearings. Brad’s experience with CEQA and NEPA documentation encompasses the full suite of services, including notices of exemption, consistency analyses, initial studies with negative declarations and mitigated negative declarations, environmental impact reports, addenda, statements of overriding considerations, and findings of fact.

Impact Sciences, Inc. 5 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield
Brett Pomeroy, Associate Principal
Project Role: Technical Reviewer | Availability: 30%
Brett has more than 20 years of professional experience in the environmental planning field with an emphasis on environmental compliance pursuant to CEQA and the National Environmental Policy Act (NEPA). Brett has successfully completed numerous CEQA documents in support of land use development projects in the state. Brett also specializes in the preparation of technical studies in support of CEQA/NEPA documentation. Specifically, Brett has extensive experience in the preparation of technical studies associated with air quality, greenhouse gases (GHGs), community noise and vibration, and health risk assessments (HRAs). Brett possesses a broad understanding of environmental and regulatory issues that affect land development in California and has managed numerous projects for high-density residential and mixed-use development projects, commercial office complexes, educational/institutional campus plans, regional shopping malls, and regional entertainment and sporting facilities.

Lynn Kaufman, CLA, Associate Principal
Project Role: Senior CEQA Reviewer | Availability 40%
Lynn has more than 25 years of experience in both the management and preparation of environmental review documents pursuant to CEQA and NEPA for clients in both the public and private sectors. Lynn has written numerous CEQA analyses for high-profile and environmentally sensitive projects in both urban and rural settings, and acts as a day-to-day contact for in-house and agency staff, subconsultants, and applicants, providing valuable insight to identify environmental constraints and feasible mitigation measures. Lynn’s duties also include project scheduling, budgeting, conducting field surveys, preparing proposals and graphics, providing quality control review and feedback, and training entry-level staff. Lynn has prepared and co-managed a variety of environmental review documents, including Environmental Impact Reports, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Sustainable Communities Environmental Assessments, Environmental Assessments, Addenda, Mitigation Monitoring and Reporting Programs, and other focused environmental analyses. Her diverse project experience includes commercial/retail, mixed-use, single-family, multi-family, and affordable residential, institutional, and master planned developments throughout Southern California.

As-Needed Support Staff
Annalie Sarrieddine, Project Manager
Project Role: CEQA Assistance | Availability 80%
Annalie brings a diverse set of skills to the team. She is an experienced Geographic Information Systems (GIS) technician and CEQA Analyst with experience supporting the preparation of air quality, GHG, and noise technical reports. Further, Annalie is proficient in using various technical modeling tools, including CalEEMod, RCNM, and the G4 Utility Sound Level Meter. She has experience coordinating with local governments and organizations, preparing habitat assessments, and leading community outreach campaigns. Additionally, Annalie assists with the production of environmental documents and has graphic design experience and familiarity with Adobe Illustrator and Photoshop.

Impact Sciences, Inc. 6 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield
Amber Williams, Technical Specialist
Project Role: CEQA Assistance | Availability 80%
Amber has 6 years of professional experience in both the private and public sectors as an environmental planner and technical specialist. She specializes in air quality, GHG, noise, and energy assessments and analyses. Furthermore, she is proficient in the use of the California Emissions Estimator Model (CalEEMod), Emission Factor (EMFAC), the Roadway Construction Noise Model (RCNM), and other industry-standard emissions and noise modeling tools. In addition to environmental planning, she has experience in city planning and with the preparation of CEQA and NEPA documents. Her extensive knowledge of local, county, state, and federal laws and regulations, in addition to her technical expertise in collecting field measurements and managing complex data, allows her to meet both the technical and planning needs of public and private projects.

Kara Yates Hines, Manager, Publications & Proposals
Project Role: Visual Layout, Graphic Design, and Production | Availability 10% Kara has more than 14 years of combined experience in publishing, quality control coordination, science and public health technical writing and editorial review, and digital marketing. As the primary manager for document production, Kara implements the firm’s operational processes and manages the document publishing process, including QA/QC review, graphic design, formatting, visual layout, and production for print and digital documents. With a unique understanding of the CEQA process and best practices for publishing technical documents, Kara ensures the firm’s environmental reports are publicly accessible, easy to read and understand, well organized, and visually appealing.

2.3 Organizational Chart

Impact Sciences, Inc. 7 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield

2.3 Resumes of Professional Team
Resumes for all team members are provided in Appendix A.

2.4 Project Experience
City of Bakersfield | Site Plan Review No. 24-0027 and Zone Modification No. 24-0032 Stockdale / Jewetta Religious Campus Environmental Impact Report
The proposed project includes construction of a private church project in the City of Bakersfield. The project is surrounded by commercial uses to the west, south, and
east. A neighborhood of single-family homes abuts the
property to the north. The site was previously planned for retail/commercial development as part of the surrounding commercial complex, and was cleared but remains vacant.

The Project Site is bounded by single-family homes to the north; a Park to the east; a church to the south; and a Commercial Medical facility to the west. The Project also includes off-site road improvements for street frontages.

A new Road with new sidewalks/walkways and landscaping shall be constructed north of the Project Site. Vehicular access to the Project Site will be provided via a proposed driveway along Stockdale Highway and the new street to the north (no street name has been assigned). The Project will provide a surface parking area for a total of approximately 300 parking spaces. Impact Sciences is contracted with the City of Bakersfield to prepare an EIR and conduct peer review of existing technical studies.

City of Bell | Peer Review of the CEMEX Transloading Facility Project Addendum to the 2013 Development Agreement Final Environmental Impact Report For the City of Bell, Impact Sciences conducted a Peer Review of the proposed Addendum to the 2013 Development Agreement Final Environmental Impact Report for the CEMEX Transloading Facility Project. The proposed CEMEX Transloading Facility Project comprises an existing aggregate storage, transloading, and distribution facility located within the Cheli Industrial Zone, adjacent to Interstate 710 and a (now former) BNSF intermodal rail facility. An EIR was prepared in 2013 for the Bell Business Center Project. In 2016, CEMEX applied to the City to construct and operate a rail-to-truck aggregate transloading facility. The CEMEX facility was constructed in 2019 after the City’s Design Review Board (DRB) determined the Project substantially conformed to the 2013 DA and 2013 DA EIR (Bell Business Center). Project opponents subsequently sued the City, alleging various defects in the DRB’s approval, including the failure to address environmental impacts pursuant to CEQA.

The trial court issued a writ of mandate commanding the City to set aside the DRB action and affirming various defects regarding compliance with CEQA. CEMEX and the City appealed, and the Court of Appeal affirmed the trial court’s ruling as to the conformance of the proposed use to the 2013 DA, but determined any claims regarding CEQA were moot. To support a new DRB action and to address previously asserted and anticipated claims regarding defects in CEQA compliance, an Addendum to the 2013 DA EIR is being prepared.

City of Inglewood | CEQA Peer Review Services for the Proposed Morningside Residential Development Initial Study
The Project includes development of 571 three-story townhomes, including 1,122 enclosed and on-street parking spaces and two clubhouses on an approximately 22.87-acre site. Currently, the project sites are occupied by

Impact Sciences, Inc. 8 CEQA Peer Review for 7th Standard Marketplace Project August 5, 2026 Proposal for the City of Bakersfield
Morningside High School and Woodworth Elementary School campuses. The Project will involve the demolition of auxiliary fields, tennis courts, and a baseball field associated with Morningside High School and the entirety of Woodworth Elementary. The Project Site has an existing General Plan land use designation of Low Density with an R-1 (One-family Residential) zoning. A General Plan amendment will be required to change the General Plan land use designation from Low Density to Medium Density and a Zone Change from R-1 (One-family Residential) to R-3 (Multiple-family Residential). Impact Sciences peer reviewed the Initial Study previously prepared by the City’s contracted CEQA consulting firm.

City of Bell | Salvation Army Bell Oasis Apartment II Project IS/MND Peer Review Impact Sciences peer reviewed the Draft IS/MND for the Salvation Army Bell Oasis Apartments II project, which would involve construction of a three-story, 39,690-square-foot apartment building consisting of 57 studio units for homeless individuals and a two-bedroom staff unit, for a total of 58 apartment units. Comments on the MND were provided in a matrix explaining recommendations for the IS/MND preparer to complete a policy consistency analysis with emphasis on the areas of land use compatibility, noise, and safety. Policies from Bell’s recent Housing Element, Environmental Justice and Safety Elements were recommended to be reviewed. Additionally, Impact Sciences recommended that the IS/MND address the larger context of the project, its appropriateness for housing, proximity to rail and freeways, and transportation/transit access for vulnerable populations in light of comments from the California Department of Housing and Community Development regarding the project site.

California High Speed Rail Authority | Palmdale to Burbank Project Final EIR/EIS Senior Review As a subconsultant to Circlepoint, Impact Sciences provided senior environmental review of the Final EIR/EIS for the California High Speed Rail Authority Palmdale to Burbank Project Section. The Palmdale to Burbank Project Section is part of Phase 1 of the of the California High-Speed Rail System connecting the Antelope Valley to the San Fernando Valley, which will bring high-speed rail service to the urban Los Angeles area with a new modern rail line that dramatically reduces travel time between the Antelope Valley and the Los Angeles Basin. This approximately 31 to 38-mile project section will connect two key population centers in Los Angeles County with multi-modal transportation hubs in Palmdale and Burbank. In June 2024, the California High-Speed Rail Authority Board of Directors approved the final environmental document for the segment between Palmdale and Burbank.

The approval of the Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS) was the last environmental clearance between downtown San Francisco and downtown Los Angeles.

City of Los Angeles | Citywide Oil and Gas Drilling Ordinance Air Quality Technical Analysis and Initial Study / Mitigated Negative Declaration
The Citywide Oil and Gas Drilling Ordinance prohibits new oil and gas extraction and makes existing extraction activities a nonconforming use in all zones. For the project, Impact Sciences prepared air quality and greenhouse gas analyses which required estimations of the air quality benefit from eliminating oil extraction in the city. Our team also prepared the noise technical report and an IS/MND. The project was on a fast-track schedule with an aggressive timeline to get the ordinance to the City Council before the next election. On December 2, 2022, the Los Angeles City Council adopted Ordinance No. 187,709 and the Mayor signed the ordinance on his last day in office.

Kern Council of Governments| 2026 Regional Transportation Plan / Sustainable Communities Strategy Environmental Impact Report
For the Kern Council of Governments (Kern COG), Impact Sciences is preparing a Program Environmental Impact Report (Program EIR) in accordance with the California Environmental Quality Act (CEQA) for the 2026 Regional

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Transportation Plan (2026 RTP) that also includes a Sustainable Communities Strategy (SCS). Kern COG is preparing an RTP as required by Section 65080 et seq, of Chapter 2.5 of the California Government Code, and federal guidelines pursuant to the federal surface transportation reauthorization, the Transportation Conformity in the Air Quality Attainment Plan per 40 CFR Part 51 and 40 CFR Part 93, and requirements set forth in Assembly Bill 32, The Global Warming Solutions Act of 2006, Senate Bill 375, The Sustainable Communities and Climate Protection Act of 2008, Senate Bill 32, California Global Warming Solutions Act of 2006: emissions limit (2016) and Assembly Bill 197, State Air Resources Board, greenhouse gases: regulations (2016). Consistent with these regulations, Kern COG prepares an updated RTP every four years. Impact Sciences also prepared the 2022 RTP/SCS EIR for Kern COG.

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3. PROJECT APPROACH AND WORK SCHEDULE

3.1 Approach to Scope of Work
Based on our review of the RFP and provided materials, we understand the City is seeking an environmental consultant to assist in the preparation of the EIR for the proposed 7th Standard Marketplace Project (Project). The Applicant (Landmark Survey and Engineering, Inc.) is proposing to develop a commercial complex that includes ten buildings, a passenger vehicle fueling facility, surface parking, a drainage basin, and landscaping throughout.

At the site’s northern portion, approximately 40,800 SF of retail, commercial, and restaurant uses will be constructed in eight separate buildings. The site’s southern portion includes a drainage basin and a 184,480-SF Major Anchor Store with a passenger vehicle fueling facility. The project site is on the City’s border with Shafter.

While the Applicant is preparing the EIR, Impact Sciences would provide the City with peer reviews, CEQA process guidance, distribution and noticing assistance and as needed support. As stated above, we have proposed a qualified team of senior leaders (with support from planners and other staff) to ensure timelines will be met. Our detailed scope of work is below.

Task 1: Kickoff Meeting and Background Review
Our team is prepared to start work within three weeks from the Notice to Proceed. Impact Sciences will attend team meetings with the Planning Division and provide active project management throughout the duration of the environmental review process. We start each project with a kick-off meeting to review and confirm all assumptions and to also validate the level of investigation and research performed. During the kickoff meeting, the preliminary schedule of tasks will be reviewed, a communication plan will be finalized, and a recurring check in meeting will be confirmed. Our team will also receive materials for the project, including technical studies, planning documents, maps; and aerial photographs. We will work with the Planning Department and the Applicant’s team to refine the Project objectives and alternatives.

After the kick-off meeting, Impact Sciences will review background information provided by the Applicant’s team. We will identify any data gaps and necessary information. Impact Sciences’ project manager will maintain the project schedule with particular attention to key milestone dates, such as Draft EIR release and Bakersfield Planning Commission and/or City Council. Impact Sciences uses internal project management software, Monday.com, to maintain project milestones and deliverables. We will also set up a Dropbox folder for the easy transition of files back and forth between team members.

To keep the team on track, we propose bi-weekly project management meetings where the project manager and key team members will meet with the City to discuss critical path items. These bi-weekly meetings will ensure the team stays on schedule. Accordingly, we have assumed a total of twenty (20) bi-weekly team meetings, including the preparation of agendas and meeting notes for each meeting. Meeting notes will be circulated to the team within two (2) days of the meeting.

Deliverables
• Prepare kick-off meeting agenda and notes
• Prepare kickoff meeting memorandum in electronic format • Submit Information needs to the City in electronic format, if needed • Provide full Project schedule organized by task/milestone in electronic format

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• Attend twenty (20) bi-weekly team meetings (virtual)
Task 2: Review Project Description
The expanded Project Description, including maps, plans, and other graphics, will be reviewed by Impact Sciences.

Our team will ensure the Project Description meets the content requirements of the State CEQA Guidelines by identifying the project objectives, each of the proposed discretionary approval actions, and the physical characteristics of the Project. Our team will ensure the Project Description describes all components at the level of detail appropriate for an EIR. We will review the Project Objectives with the City to determine appropriateness and identify any necessary revisions. Our team will identify any data gaps and submit an information needs memorandum. Our scope assumes one round of review on the Project Description.

Deliverables
• Review of administrative draft project description in Word format • Review of final project description in Word format
Task 3: Applicant-Prepared Technical Report Peer Review This task will include peer review of applicant-prepared technical studies to be provided by the City. The reports will be reviewed for completeness and their ability to support the CEQA document. In some cases, Impact Sciences may request to coordinate directly with the preparer of the technical study. Any such request will be submitted to the City first. Technical reports to be peer reviewed include the following:
• Air Quality / Climate Change Analysis / Health Risk Assessment Report. A senior Impact Sciences technical specialist will review the air quality/climate change technical reports to ensure the reports meet the necessary requirements under CEQA. For the greenhouse gas (GHG) emissions, the focus will be to determine if the approach is consistent with the most recent best practices related to GHG analysis. GHG in particular has been a key topic for projects in the City. The peer review will consider past practice as well as currently accepted practice. Lastly, the health risk assessment will be reviewed, and it is assumed the health risk assessment will provide a qualitative analysis of Valley Fever risks. Any recommendations will be provided in a letter to the City. Depending on the anticipated uses, additional information or mitigation measures may be suggested. For example, if warehousing or logistics uses are proposed, factors related to refrigeration will need to be reviewed and assessed.
• Biological Resources Study. A senior Impact Sciences team member will review the biological resources report and associated documentation to confirm the reports meet the necessary CEQA requirements. Any recommendations will be provided in a letter to the City. The peer review will verify the adequacy of baseline environmental conditions, special-status species and habitat evaluations, jurisdictional resource determinations, impact analyses, mitigation measures, as applicable. The reports will also be reviewed for consistency with applicable resource agency requirements. • Cultural Resources Study: Based on our review of the materials, the site has previously been disturbed through agricultural and oil drilling uses. However, the potential for archaeological or tribal cultural resources may still exist. Our team will review the archaeological/cultural resources report and associated studies/documentation to determine whether the report meets the necessary requirements under CEQA. We will provide any comments on the report in a letter to the City.
• Paleontological Resource Assessment: Impact Sciences will review the Paleontological Resources Assessment to confirm that the geologic setting, paleontological sensitivity determinations, records searches, and impact evaluation are legally defensible and supported by provided information. The review will evaluate the appropriateness of significance findings and mitigation measures.

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• Energy Assessment: Impact Sciences will evaluate the Energy Assessment to verify that projected operational and construction energy demand has been calculated using appropriate assumptions, methodologies, and data sources. Ideally, the energy assessment and GHG / Air Quality assessments will be consistent with each other and use similar methodologies and modeling. The review will also assess consistency with Appendix F of the State CEQA Guidelines, applicable State energy policies, and Project design features intended to reduce energy consumption. Recommendations will be provided where additional information or clarification is necessary to support the EIR's energy analysis.
• Stormwater Quality Management Plan (SWQMP): Impact Sciences will review the SWQMP to determine whether the proposed stormwater quality measures, best management practices, low impact development features, and hydromodification considerations are consistent with applicable municipal stormwater permit requirements and local design standards. The review will evaluate whether the plan adequately addresses post-construction stormwater quality requirements and supports the assumptions relied upon in the EIR. • Traffic Impact Study, including VMT. The VMT study review will validate traffic modeling assumptions, input data, and analytical methods to determine whether they accurately represent project impacts on local and regional transportation networks. This includes verifying baseline conditions, forecasting methodologies, and the effectiveness of proposed recommended improvements and mitigation measures. • Urban Decay: Urban decay typically occurs when large retailers pull spending power from small downtowns.

Typically, these studies forecast economic conditions for future uses. Our team will review the urban decay analysis. Any suggested changes will be provided to the City in memorandum format. • Noise Assessment Study. A senior Impact Sciences technical specialist will review the noise reports to determine if the approach is consistent with standard CEQA practice. A review of modeling assumptions and sensitive receptor locations will be considered. Any recommendations will be provided in a letter to the City. • Water Supply Assessment (Approved by CalWater). Impact Sciences will review the Water Supply Assessment to evaluate whether projected water demands, supply availability, and supporting analyses are consistent with applicable statutory requirements. The review will assess the reasonableness of demand projections, water supply assumptions, and planned infrastructure or service commitments to ensure the assessment provides an adequate basis for the EIR's water supply analysis.
• Phase I Environmental Site Assessment (Phase I ESA) Report. Our team will review the applicant’s Phase I ESA along with publicly available environmental documents, historical aerial photographs, topographic maps, and publicly accessible environmental database websites maintained by the Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board (SWRCB). We will summarize our technical review comments related to data analysis, findings, and conclusions presented in the Phase I ESA report in a letter to the City.

Deliverables:
• Prepare technical report sufficiency memoranda in PDF format for each special technical study. • Our scope assumes one round of review of technical studies Task 4: Administrative DEIR Peer Review
Using the City of Bakersfield CEQA Implementation Procedures, Impact Sciences will conduct two (2) rounds of review of the Applicant-prepared Draft Environmental Impact Report (DEIR). The first round will identify any areas of deficiency that need to be addressed. Comments will be provided to the City and the Applicant in a combination of redline/strikethrough and a technical memorandum. Our team will review existing setting information to ensure correctness. Our review of thresholds will be to assess if the appropriate thresholds and methodology are being used. For the impact analysis, we will determine if the analysis supports the finding, and we will identify any

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conclusory statements that need further support. Lastly, a review of mitigation measures will be conducted to ensure the measures are clear and enforceable.

Technical Issues. Impact Sciences will confirm that the EIR discussion focuses on the potentially significant environmental impacts identified in the NOP and carried forward into the EIR.

Alternatives. In accordance with State CEQA Guidelines Section 15126.6(a), the Alternatives section should describe a range of reasonable alternatives that could feasibly attain most project objectives, but would avoid or substantially lessen any significant impacts of the Project. Adequate information must be provided to show the public and prospective decision-makers the potential environmental consequences of each alternative design.

The level of detail may vary among the alternatives and the topic area. We will discuss options for presenting the data in a reader-friendly way within the EIR to ensure the alternatives analysis does not become too cumbersome.

In the past, we have used a matrix format to easily compare major features across alternatives; such a format may work well in this case. Our team will work closely with the City team to identify alternatives that could reduce impacts.

Consequences of Project Implementation.
• Cumulative Impacts. Impact Sciences will review the applicant’s methodology for assessing cumulative impacts. Due to the project site’s proximity to the City of Shafter, a list of projects from the City of Shafter may be necessary as well.
• Growth Inducing Impacts. Our team will review the analysis of the project’s potential for directly or indirectly induce growth. CEQA does not identify growth inducement as either bad or good, but an appropriate assessment must be provided.
• Significant and Irreversible Environmental Changes. This section includes discussion of a project’s commitment of resources that are irreversible. Our team will review the analysis for completeness. • Effects Found not to be Significant. Topics found to be less than significant may be included in this section as well as topics scoped out during the Initial study/NOP process.

Organizations and Persons Consulted. Impact Sciences will review this section of the DEIR for adequacy of listing all the organizations and persons consulted in preparing the DEIR that documents any federal, state, or local agencies, other organizations, and private individuals consulted in preparing the EIR.

Preparers. Impact Sciences will review this section of the DEIR for adequacy of documenting all names of persons consulted in preparation of the EIR and their contribution.

Acronyms. Impact Sciences will review this section of the DEIR for adequacy of definitions and all acronyms used in the EIR.

Bibliography. Impact Sciences will review this section of the DEIR to ensure the Bibliography was prepared to Metropolitan Library System (MLS) standards, or the City’s preferred standard, and includes all personal communications. Our team will also keep electronic copies of all reference materials for the administrative record.

Other CEQA Considerations. Impact Sciences will also review (1) cumulative impacts (2) significant irreversible environmental effects that would result from implementation of the Project, (3) growth-inducing impacts of the Project, and (4) any secondary impacts from the proposed mitigation measures identified in the EIR.

Deliverables:
• Review of Round 1 administrative DEIR in Word format
• Review of Round 2 administrative DEIR in Word format

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Task 5: DEIR Screencheck and Circulation
Our team will review the revised Administrative Draft EIR. Our scope assumes this would be the final round of review and the document would be ready for public review at this point. At this time we will also review the applicant prepared notices including the NOA/NOC, Summary Form, and any additional public notices. Any final changes will be communicated to the City. After the final round of comments, Impact Sciences will conduct the printing necessary for distribution.

Deliverables
• Review of Screencheck DEIR in PDF format
• Distribute 50 hard copies of NOA with appendices to the City-provided mailing list via NOA via overnight carrier and certified US Mail
• Provide three (3) tabbed, 3-ring binders (or spiral/comb-bound) full hard copies of DEIR for Planning Division and library use.
• Provide one (1) flash drive that includes PDF and Word versions of DEIR and a set of DEIR figures Task 6:Screencheck FEIR and Technical Appendices Preparation and Circulation Following the close of the Draft EIR 45-day statutory public review period and receipt of all agency and public comments, Impact Sciences will review the draft FEIR prepared by the Applicant’s team. Our team will review the comment letters to ensure all comments have been appropriately addressed within the Final EIR.

Mitigation Monitoring and Reporting Program. Impact Sciences will review the MMRP that identifies mitigation measures included in the EIR, the timing of implementation of each measure, and the entity (i.e., project applicant, agency, or both) responsible for implementing and monitoring each measure. Our team will ensure any changes to mitigation measures are reflected in the MMRP.

Deliverables:
• Review of Draft FEIR in Word format
• Review Screencheck FEIR in PDF format
• Distribute 50 or more hard copies of electronic copies of the NOA FEIR to a City-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified US mail, including all necessary copies for the City Planning Division and Planning Commission.

Task 7: Draft Findings of Fact and Statement of Overriding Considerations Preparation If any significant impacts are identified, findings and a statement of overriding considerations will be necessary.

Impact Sciences will review the Findings and Statement of Overriding Considerations (SOC) for the Project, if necessary. Our Scope of Work assumes one (1) round of review and comment in coordination with the City Attorney. Comments on the Findings and SOC will be provided to the City and Applicant electronically.

Deliverables:
• Review and assess the draft Findings and SOC in Word format • Review and assess revised Findings and SOC in Word format Task 8: Hearing Attendance
The Impact Sciences team will be available to support the Planning Division at all public hearings related to the Project. Our scope assumes a principal and project manager will attend one (1) planning commission and one (1) city council meeting. Additional meetings will be attended on a time-and-materials basis.

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Task 9: Administrative Record Preparation
An Impact Sciences team member will assist the City in the preparation of the Administrative Record. Our scope assumes much of the record will be maintained by the Applicant, and Impact Sciences will provide support as needed.

Deliverables:
• Administrative record in PDF format

3.2Work Schedule

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4.COST OF SERVICES

4.1 Fee Schedule
Personnel charges are for work directly related to projects. Charges for personnel services are based on an hourly rate for time charged to the project. Current personnel classifications and rates are provided on the following page.

Classification Hourly Rate
Principal/Managing Principal $320.00
Associate Principal $290.00
Technical Director $290.00
Senior Project Manager $225.00
Project Manager $200.00
Senior Technical Specialist $185.00
Technical Specialist $180.00
Senior Planner $175.00
Planner $170.00
Assistant Technical Specialist $140.00
Associate Planner $135.00
GIS Technician $175.00
Assistant Planner $125.00
Graphics $140.00
Publications $140.00
Clerical/Administrative $100.00
Travel time spent in the interest of the client will be charged at the hourly rate. When it is necessary for an employee to be away from the office overnight, subsistence will be charged. Contract personnel will be charged according to the hourly rates for their category as listed above.

Other Charges
Subcontractors Cost plus 15 percent
Expenses and Outside Reproduction Charges Cost plus 15 percent Staff Mileage Expense IRS standard reimbursement rate
Internal Reproduction Costs
Single Sided Black and White Copies

8.5”x11” $0.20 per copy
11”x17” $0.40 per copy
Double Sided Black and White Copies

8.5”x11” $0.30 per copy
11”x17” $0.60 per copy
Single Sided Color Copies

8.5”x11” $0.80 per copy
11”x17” $1.60 per copy
Double Sided Color Copies

8.5”x11” $1.60 per copy
11”x17” $3.20 per copy
Document Scanning $1.00 per page
Preparation for court appearances, depositions, presentations to regulatory boards, or other special requests for testimony will be charged on a time-and-materials basis.

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4.2 Pay Schedule
Task Fee
Task 1: Kick-off Meeting and Background Review $16,350
Task 2: Review Project Description $2,180
Task 3: Applicant-Prepared Technical Report Peer Review $42,060 Task 4: Administrative DEIR Peer Review $22,840
Task 5: DEIR Screencheck and Circulation $8,825
Task 6: Screencheck FEIR and Technical Appendices Preparation and Circulation $12,018 Task 7: Draft Findings of Fact and Statement of Overriding Considerations Preparation $2,560 Task 8: Hearing Attendance $5,120
Task 9: Administrative Record Preparation $12,900
TOTAL FEE $124,853
Detailed Budget Sheet
Managing
Principal
Associate
Principal
Technical
Director
Sr.

Project
Manager
Project
Manager
Technical
Specialist
Publications
Manager
$320 $290 $290 $225 $200 $180 $140 Hrs Fee
1 Kickoff Meeting and Background Review 30 30 60 $16,350 $16,350 2 Review Project Description 4 4 8 $2,180 $2,180
3 Applicant-Prepared Tech Report Peer Review
AQ/GHG/HRA 30 8 38 $10,140 $10,140
Bio 16 16 $4,640 $4,640
Cultural 16 16 $4,640 $4,640
Paleo 12 12 $2,700 $2,700
Energy 8 8 $2,320 $2,320
Stormwater Quality Mangement Plan 12 12 $2,700 $2,700
Traffic (LOS), including VMT 16 16 $4,640 $4,640
Urban Decay 16 16 $3,600 $3,600
Noise 8 8 $2,320 $2,320
Water Supply Assessment 8 8 $1,800 $1,800
Phase 1 ESA 8 8 $2,560 $2,560
4 Admin DEIR Peer Review 30 16 24 16 86 $22,840 $22,840 5 DEIR Screencheck and Circulation 16 12 4 32 $8,380 $445 $8,825 6 Screencheck FEIR / Technical Appendices 16 8 16 4 44 $11,600 $418 $12,018 7 Findings of Fact and SOC Prep 8 8 $2,560 $2,560
8 Hearing Attendance 16 16 $5,120 $5,120
9 Admin Record Prep 4 60 64 $12,900 $12,900
128 32 86 138 76 8 8 476 $123,990 $863 $124,853
TOTAL
BUDGET Task Task Description Expenses
TOTAL
Total Impact
Sciences

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5. INDEMNIFICATION AND INSURANCE
Impact Sciences insurance policy meets the requirements outlined in the City’s RFP and terms of agreement. Proof of insurance is provided below, and certification of insurance can be furnished upon contract award.

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6. CONTRACT REQUIREMENTS-INDEMNITY PROVISION
Impact Sciences has reviewed and signed the sample Independent Contractor’s Agreement, which is included in Appendix B.

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7.CURRENT VOLUME OF WORK
Impact Sciences is committed to meeting the City’s timeline for the completion of CEQA review. Our firm has the staff capacity, project management systems, and technical expertise to successfully deliver the requested services and efficiently meet the proposed project schedule. Our team includes senior staff who routinely prepare and review complex environmental documents for public agencies throughout California. We carefully balance workloads across our technical staff, monitor project schedules through established resource management and quality control procedures, and have an experienced project manager to oversee scope, budget, and schedule performance. This approach allows us to respond quickly to changing project needs and deliver high-quality work products on time. Our proven track record of completing environmental documents for complex development projects demonstrates our ability to meet demanding schedules without compromising technical quality or regulatory compliance.

Below is a summary of projects key member of our team are currently working on and their overall status. As can be seen from the chart, many of our largest projects are nearing completion, allowing our team time to focus on the proposed 7th Standard Marketplace Project.

Project Overall Status
Stockdale-Jewetta Temple EIR, City of Bakersfield Draft EIR published May 2026 Southwest Valley Community Plan EIR, City of Los Angeles Due to publish August 2026 Kern COG Regional Transportation Plan EIR Published May 2026 Glendale Star Mazda EIR, City of Glendale Due to publish July 2026

APPENDIX A
Resumes for Key Personnel

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JESSICA KIRCHNER, AICP
CEO & Managing Principal
Jessica is owner and Managing Principal and she frequently serves in multiple roles on projects, including contract and project manager, as well as conducting and writing environmental analyses all while overseeing the firm’s most high-profile clients, revenue, and growth of the firm. With 20 years of experience and a background in journalism, Jessica’s emphasis on clear, concise documents that are not overly complicated has become a company hallmark, along with the ability to deliver projects on unbelievably tight deadlines. She is highly skilled at taking technical documents and concepts and translating them into reader-friendly concepts. She has managed the preparation of more than 100 CEQA documents and serves as an advisor to lead agencies on CEQA implementation. She has provided input to and taught workshops and seminars on CEQA compliance, CEQA streamlining, and environmental justice analysis.

Representative Project Experience
Principal in Charge for the City of Bakersfield Site Plan Review No. 24-0027 and Zone Modification No. 24-0032 Stockdale / Jewetta Religious Campus Environmental Impact Report (Bakersfield, CA). The proposed project includes construction of a private church project in the City of Bakersfield. The site was previously planned for retail/commercial development as part of the surrounding commercial complex, and was cleared but remains vacant. The Project Site is bounded by single-family homes to the north; a Park to the east; a church to the south; and a Commercial Medical facility to the west. The Project also includes offsite road improvements for street frontages. A new Road with new sidewalks/walkways and landscaping shall be constructed north of the Project Site.

Impact Sciences is contracted with the City of Bakersfield to prepare an EIR and conduct peer review of existing technical studies. Jessica is responsible for contract administration, client engagement, and leading the overall preparation and quality control review of the CEQA document.

Principal in Charge for the City of Bell Peer Review of the Addendum to the 2013 Development Agreement Final Environmental Impact Report for the CEMEX Transloading Facility Project (Bell, CA). The proposed CEMEX Transloading Facility Project comprises an existing aggregate storage, transloading, and distribution facility located within the Cheli Industrial Zone, adjacent to Interstate 710 and a (now former) BNSF intermodal rail facility. An EIR was prepared in 2013 for the Bell Business Center Project. In 2016, CEMEX applied to the City to construct and operate a rail-to-truck aggregate transloading facility. The CEMEX facility was constructed in 2019 after the City’s Design Review Board (DRB) determined the Project substantially conformed to the 2013 DA and 2013 DA EIR (Bell Business Center).

Project opponents subsequently sued the City, alleging various defects in the DRB’s approval, including the failure to address environmental impacts pursuant to CEQA. The trial court issued a writ of mandate commanding the City to set aside the DRB action and affirming various defects regarding compliance with CEQA. CEMEX and the City appealed, and the Court of Appeal affirmed the trial court’s ruling as to the conformance of the proposed use to the 2013 DA, but determined any claims regarding CEQA were moot. To support a new DRB action and to address previously asserted and anticipated claims regarding defects in CEQA compliance, an Addendum to the 2013 DA EIR is being prepared.

Jessica was responsible for leading the peer review process for the CEQA document and preparation of a peer review memo for City review. Jessica provided senior environmental review of the CEQA document.

Managing Principal for the California High Speed Rail Project Senior Review of the Final EIS/EIR (Palmdale to Burbank, CA). The California High Speed Rail Authority Palmdale to Burbank Project Section is part of Phase 1 of the of the California High-Speed Rail System connecting the Antelope Valley to the San Fernando Valley, which will bring high-speed rail service to the urban Los Angeles area with a new modern rail line that dramatically reduces travel time

PROJECT ROLE
Principal in Charge and
Reviewer

EDUCATION
Master’s Degree in Urban
Planning, University of
Southern California
Bachelor of Arts, Journalism,
Rutgers University

AFFILIATIONS
Association of Environmental
Planners, Board Member,
Legislative Committee
American Institute of
Certified Planners, Certified
Planner

JESSICA KIRCHNER, AICP
CEO & Managing Principal

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between the Antelope Valley and the Los Angeles Basin. This approximately 31 to 38-mile project section will connect two key population centers in Los Angeles County with multi-modal transportation hubs in Palmdale and Burbank.

Jessica provided senior environmental review of the Final EIR/EIS.

Principal in Charge for the City of Bell Salvation Army Bell Oasis Apartment II Project IS/MND Peer Review (Bell, CA). Impact Sciences peer reviewed the Draft IS/MND for the Salvation Army Bell Oasis Apartments II project, which would involve construction of a three-story, 39,690-square-foot apartment building consisting of 57 studio units for homeless individuals and a two-bedroom staff unit, for a total of 58 apartment units. Comments on the MND were provided in a matrix explaining recommendations for the IS/MND preparer to complete a policy consistency analysis with emphasis on the areas of land use compatibility, noise, and safety. Policies from Bell’s recent Housing Element, Environmental Justice and Safety Elements were recommended to be reviewed. Additionally, Impact Sciences recommended that the IS/MND address the larger context of the project, its appropriateness for housing, proximity to rail and freeways, and transportation/transit access for vulnerable populations in light of comments from the California Department of Housing and Community Development regarding the project site. Jessica led the preparation of the peer review matrix and provided general project oversight and quality control review.

Project Manager for the Kern Council of Governments 2014, 2018, and 2022 Regional Transportation Plan/Sustainable Communities Strategy EIR (Kern County, CA). The RTP is the culmination of a multi-year effort with the intent to improve the balance between land use and transportation systems. Kern COG is required by federal law to develop an RTP that determines the needs of the transportation system and prioritizes proposed transportation projects. Key issues associated with the project include greenhouse gas emissions, specifically meeting targets set by the Air Resources Board, and developing land use planning scenarios. In 2022 issues arose related to the growth forecast and planned development within the County. Jessica worked with the team, including legal counsel, to address the concerns and adopt the RTP on time.

Principal in Charge for the Fit7 Sports Lab Development Project Initial Study / Mitigated Negative Declaration (Baldwin Park, CA). Impact Sciences prepared an IS/MND for the proposed Fit 7 Sports Lab Development Project, which would involve improvements to two adjacent lots located at 14412 Joanbridge Street and 14424 Joanbridge Street in the City of Baldwin Park. The Project would merge the two adjacent lots as one property, including a two-story soccer training facility and demolition of one proposal for the construction of ground floor parking with rooftop soccer fields.

Jessica is responsible for contract administration, client engagement, and leading the overall preparation and quality control review of the IS/MND.

Principal in Charge for the County of Los Angeles Department of Public Works Whittier Narrows Splashpad Project CEQA Exemption Memo and Technical Studies for Air Quality and Noise/Vibration (Whittier, CA). Impact Sciences prepared a CEQA Exemption Memo and technical studies for air quality and noise/vibration impacts for the proposed project, which includes construction of a new regional splash pad to provide interactive water play features and activities for all age groups. The water play equipment will include low-rise ground jets for toddlers and spill buckets, fan sprays, and water cannons for older children, families, and caregivers. The project also includes improvements to the existing parking lot, pathways, with a dedicated pre-fab restroom building for Americans with Disabilities Act compliance. Jessica’s role included contract management, preparation and review of the CEQA exemption memo, quality control review, and overall project oversight.

Project Manager for the City of Pasadena Temporary Use of the Rose Bowl by the NFL EIR (Pasadena, CA). The project, for the City of Pasadena, consisted of an amendment to the Arroyo Seco Public Lands Ordinance to increase the number of large events allowed at the Rose Bowl for a period of five years. Key issues included traffic, land use, air quality, noise, and recreation. The highly controversial project required close coordination among team members.

Jessica prepared much of the analysis and oversaw technical accuracy of subconsultant deliverables. The environmental document was challenged in court and prevailed.

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BRAD PERRINE
Senior Project Manager
Brad has more than 17 years of experience writing environmental analyses in compliance with CEQA and NEPA for various projects in urban, suburban, and rural areas in Los Angeles, Inland Empire, Coachella Valley, and Central Valley. Brad’s project experience ranges from small infill developments to projects of regional significance. An experienced project manager, Brad is responsible for resource allocation; scheduling and budget management; environmental review for several projects at a time; coordination with clients, agencies, and other stakeholders; and presentations on environmental topics at public hearings. Brad’s experience with CEQA and NEPA documentation encompasses the full suite of services, including notices of exemption, consistency analyses, initial studies with negative declarations and mitigated negative declaration, environmental impact reports, addenda, statements of overriding considerations, and findings of fact.

Representative Project Experience
Project Manager for the City of Bakersfield Site Plan Review No. 24-0027 and Zone Modification No. 24-0032 Stockdale / Jewetta Religious Campus Environmental Impact Report (Bakersfield, CA). The proposed project includes construction of a private church project in the City of Bakersfield. The site was previously planned for retail/commercial development as part of the surrounding commercial complex, and was cleared but remains vacant. The Project Site is bounded by single-family homes to the north; a Park to the east; a church to the south; and a Commercial Medical facility to the west. The Project also includes offsite road improvements for street frontages. A new Road with new sidewalks/walkways and landscaping shall be constructed north of the Project Site.

Impact Sciences is contracted with the City of Bakersfield to prepare an EIR and conduct peer review of existing technical studies. Brad is responsible for day-to-day project management and leading the preparation of the EIR.

Project Manager for the City of Glendale 1401 Brand Blvd Star Mazda Project Environmental Impact Report (Glendale, CA). Impact Sciences is preparing an EIR for the proposed Star Mazda project in the City of Glendale, which entails the construction of a new two-story building spanning 11,840 square feet to replace an existing vehicle dealership, specifically Star Mazda, located at 1401 South Brand Boulevard, Glendale, CA. The 54,853-square-foot project site is located within the CA (Commercial Auto) Zone. The proposed project includes demolition, building construction to house various dealership facilities and amenities, parking lot reconfiguration, and site enhancements to ensure zoning compliance. Key environmental topics include historic resources and hazards and hazardous materials. Brad is responsible for project management and overseeing CEQA document preparation.

Project Manager for the Landers Hotel Initial Study / Negative Declaration and Air Quality & Greenhouse Gas Technical Study (San Bernardino, CA). Impact Sciences is preparing an Initial Study / Negative Declaration pursuant to CEQA for a proposed hotel project located in the Landers community of San Bernardino County (APN is 063003105) in the City of Riverside. The proposed project, to be located on a 4.23-acre site, proposes to construct a boutique hotel with 20 rooms, a pool, and a yoga/fitness room. The site is currently zoned Homestead Rural / Rural Commercial and the project does not require a zone change, although a Minor Use Permit (MUP) will be required. For the proposed project, Impact Sciences is also preparing an Air Quality and Greenhouse Gas technical report in a manner consistent with the San Bernardino County’s protocol for the implementation of CEQA and consistent with the recommendations of the U.S. Environmental Protection Agency, the California Air Resources Board, and the Mojave Desert Air Quality Management District. Brad is responsible for project management and overseeing CEQA document preparation.

PROJECT ROLE
Project Manager and
Reviewer

EDUCATION
Certification in Land Use and
Environmental Planning,
University of California
Riverside Extension
B.A., History, California Baptist
University

AFFILIATIONS
California Association of
Environmental Professionals

BRAD PERRINE
Senior Project Manager

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Project Manager for the City of Oxnard CEQA Documentation for Various Fire Stations (Oxnard, CA). Impact Sciences is preparing CEQA documentation for Fire Station Nos. 2, 3 and 4, which are in need of replacement. Fire Stations 2 and 3 will be demolished and reconstructed on site. Fire Station 4 will be on a vacant site surrounded by existing development. Based on our review of the technical specifications of Fire Stations 2 and 3, we anticipate a Categorical Exemption under State CEQA Guidelines Section 15302, 15303 or 15332 will be sufficient. Due to Fire Station 4’s location, Impact Sciences will prepare an Initial Study with supporting technical studies to determine if either an MND or EIR is necessary. Brad is responsible for project management and overseeing CEQA document preparation.

Environmental analyst for the Harmony Specific Plan EIR (City of Highland, CA). The project proposed a master planned residential community on 1,650 acres owned by the Orange County Water District at the base of the San Bernardino National Forest between the Santa Ana River and Mill Creek on a former borrow site used for raw material for the construction of the nearby Seven Oaks Dam. The Specific Plan would allow for up to 3,632 dwelling units and six acres of neighborhood commercial with an additional commercial overlay that could provide up to 16 acres of additional neighborhood commercial. The Specific Plan also included a new school site and fire station as well as 830 acres of parks, recreation, and open space. The project presented several environmental challenges including sensitive habitat, wildfire risk, heightened earthquake risk, flood zone and inundation risk, and constraints to emergency access.

Brad worked on the environmental analysis for the project.

Environmental analyst for The Villages of Lakeview Specific Plan No. 342 Recirculated EIR (Riverside County, CA).

Brad worked on the recirculated EIR for this project, which entailed a reduced development alternative of 8,725 dwelling units for a master planned community on approximately 2,900 acres along the Ramona Expressway in the Lakeview/Nuevo area of unincorporated Riverside County. The project also proposed approximately 1.4 million square feet of commercial uses and other land uses including agriculture, public facilities, and 1,106 acres of conserved natural open space and 80 acres of recreation. Brad worked on the environmental analysis for the recirculated EIR.

Project Manager for the 676 Mateo Street Project EIR (City of Los Angeles, CA). The project, located in the Arts District of downtown Los Angeles, and consisted of the conversion of an existing warehouse and parking lot into a 200,000- square-foot mixed-use building of up to 185 live/work units, 15,000 square feet of open space, 23,000 square feet of art-production and commercial space resulting in a 4.74:1 floor -to-area ratio. A flexibility option was included for the project that would instead construct 159 live/work units and 45,900 square feet of art-production and commercial space. Brad managed the project and was the primary author of the environmental analysis.

Project Manager for the Bloomington Business Park Specific Plan Project EIR (San Bernardino County, CA). This controversial project in the Bloomington community comprised 213 acres of existing low density residential and commercial land uses to be redeveloped into an industrial business park over a 20-year buildout. The project included a Specific Plan, General Plan Amendment, Zoning Map Amendment, Site Plan approvals, Tentative Parcel Maps, and Conditional Use Permits across three planning areas. A maximum development potential of up to approximately 3.2 million square feet could be developed under the Specific Plan. As the project would result in a net loss of residential unit capacity in the Bloomington area, an Upzone Site was included to comply with California Senate Bill 330. The Upzone Site was an existing residential site that was rezoned to a higher residential density to allow for a greater number of dwelling units, which would offset the loss of the dwelling unit potential at the Specific Plan area and thereby avoid a net loss of residential unit capacity in Bloomington. Brad served as the project manager for the project.

Project Manager for the City of Pomona 55-65 Rancho Camino Hyatt Place Project Addendum to an EIR (City of Pomona, CA). The project entailed the preparation of a second addendum to the certified EIR that was originally certified in 2016 for a 6-story, 200-room hotel and 3-story, 75,000-square-foot office building within the Pomona Ranch Plaza, a zoned regional activity center in the Phillips Ranch Specific Plan. The second addendum included the 2023 modifications that further revised earlier project modifications from 2018 and 2020-2021 to the project, which now proposed 147 residential dwelling units as part of the West Building and an apartment/hotel dual-use East Building with 143-room hotel and 86 residential dwelling units. The project site also included a former, capped landfill. Brad was responsible for project management, city, and project team coordination, and was the primary author of the analysis.

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BRETT POMEROY
Associate Principal
Brett has more than 19 years of professional experience in the environmental planning field with an emphasis in environmental compliance pursuant to CEQA and NEPA. Brett’s experience includes preparing and managing environmental documentation for both private- and public-sector clients. He has provided environmental analyses to support several types of environmental documents including Categorical Exemptions, ISs, Negative Declarations (NDs), MNDs, Mitigation Monitoring & Reporting Programs (MMRPs), EIRs, and addenda. Brett also possesses a strong technical background and has provided quantitative analytical modeling support for air quality, GHG, health risk assessments, noise and vibration, and shade/shadow impact analyses for several complex and multi -faceted projects using industry accepted modeling software. Specifically, Brett has experience with AERMOD and ISC air dispersion modeling systems, CalEEMod, CALINE4-based model, noise modeling based on the Federal Highway Administration’s Traffic Noise Model (TNM) and Roadway Construction Noise Model (RCNM).

Project Experience
Senior Reviewer for the City of Inglewood CEQA Peer Review Services for the Proposed Morningside Residential Development Initial Study (Inglewood, CA).

The Project includes development of 571 three-story townhomes, including 1,122 enclosed and on-street parking spaces and two clubhouses on an approximately

22.87-acre site. Currently, the project sites are occupied by Morningside High School and Woodworth Elementary School campuses. The Project will involve the demolition of auxiliary fields, tennis courts, and a baseball field associated with Morningside High School and the entirety of Woodworth Elementary. The Project Site has an existing General Plan land use designation of Low Density with an R-1 (One-family Residential) zoning. A General Plan amendment will be required to change the General Plan land use designation from Low Density to Medium Density and a Zone Change from R-1 (One-family Residential) to R-3 (Multiple-family Residential). Impact Sciences peer reviewed the Initial Study previously prepared by the City’s contracted CEQA consulting firm. Brett peer reviewed the Initial Study and prepared a summary memo for the City.

Project Manager for the City Los Angeles Oil & Gas Drilling Ordinance Air Quality, Greenhouse Gas, and Noise Technical Report and MND (Los Angeles, CA). The proposed Citywide Oil and Gas Drilling Ordinance (Ordinance) provides for the termination of all nonconforming oil and gas extraction and production uses within the City over a 20- year period and prohibition of new or expanded oil and gas extraction activities, except as allowed to continue via a discretionary process established by the Ordinance and in compliance with State, regional, and local regulations. The project was on a fast-track schedule with an aggressive timeline to get the ordinance to the City Council before the next election. On December 2, 2022, the Los Angeles City Council adopted Ordinance No. 187,709 and the Mayor signed the ordinance on his last day in office. Brett’s duties included document preparation, oversight of technical services, and fast-track schedule management.

Technical Director for the City of Los Angeles Harbor LA Community Plans EIR and Technical Studies (Los Angeles, CA). The Harbor LA Community Plans refer to two Community Plan Areas located north of the City of Los Angeles Harbor that are currently being updated: Harbor Gateway and Wilmington-Harbor City. Key goals of the community plans update are planning for future land use and development over the next 20 years, addressing community issues related to land use and applying the City’s new Zoning Code structure to the Plan Areas. Brett is providing general oversight of technical services and leading the preparation and review of the Air Quality and Noise technical reports.

PROJECT ROLE
Technical Reviewer

EDUCATION
Bachelor of Science, Natural
Science, Loyola Marymount
University

AFFILIATIONS
Association of Environmental
Planners (AEP)
CEQA and NEPA workshops
and conferences
Completed AERMOD
Dispersion Modeling
Training Seminar held by
Lakes Environmental

BRETT POMEROY
Associate Principal

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Project Manager for the City of Long Beach | 3401 Cerritos Project Initial Study and Focused Environmental Impact Report (Long Beach, CA). For the City of Long Beach, Impact Sciences is preparing an Initial Study for the 3401 Cerritos Project. The proposed project consists of the construction of an apartment complex with 73 dwelling units, of which 100 percent will be restricted affordable units for Lower Income Households, exclusive of the manager’s unit and a two-level subterranean garage. The initial study includes detailed technical analyses, including an Air Quality Report, Cultural Resources and Tribal Consultation Report, Long Beach Climate Action Adaptation Plan Consistency Checklist, Soils Engineering Investigation Report, Phase I Environmental Site Assessment, and a Noise/Vibration Report.

Additionally, Impact Sciences is preparing a focused environmental impact report to analyze potential impacts to aesthetics, cultural resources, and land use and planning.

Technical Lead for the 3401 S. La Cienega Blvd. Project Sustainable Communities Environmental Assessment (SCEA) (Los Angeles, CA). The project proposes a new mixed-use residential and commercial development, including one Residential Building and one Commercial Building. The Residential Building contains units for rent; with units reserved for “very low income” households and units reserved for workforce housing. The Commercial Building includes ground floor retail. The project site is centrally located centrally located in the West Adams neighborhood, adjacent to the Metro E (Expo) Line tracks and the La Cienega / Jefferson Metro Station. Brett’s duties include document preparation, and oversight of technical services.

Technical Lead for the Eternal Valley Project Air Quality & Noise Technical Studies (Newhall, CA). This project consists of rough grading, future lawn burials, and the construction of a community mausoleum. The Project includes approximately 17 acres of grading across the Project site. Brett’s duties include document preparation, and oversight of technical services.

Technical Lead for the City Market of Los Angeles Project EIR (Los Angeles, CA). The Project is anticipated to be built out over a 30-year period and would include the construction of approximately 945 multiple residential dwelling units, a maximum of 210 hotel rooms, approximately 294,641 square feet of commercial (including medical and general office) and manufacturing uses, approximately 224,862 square feet of retail floor area (including restaurants, bars, event space, wholesale uses, and a cinema with approximately 744 seats), and approximately 312,112 square feet of corporate/educational campus floor area. Brett duties include the air quality, greenhouse gas, and noise/vibration analyses for the EIR.

Technical Lead for the Santa Clara County Unified School District (SCUSD) Peterson Laurelwood Master Plan Draft EIR (Santa Clara, CA). The Proposed Master Plan supports SCUSD’s Vision 2035 and the SCUSD Board of Trustee’s direction for Bond Measure BB funding. In 2018, SCUSD voters approved General Obligation Bond Measure BB to authorize $720 million to fund critically needed safety, modernization, and new construction projects. Some of Measure BB bond funds will be used to design and build a new Laurelwood Elementary on a portion of the Patrick Henry Campus, a 300-seat Alternative High School on the fields north of the existing Patrick Henry buildings, and new fields at the existing Peterson Middle School. The SCUSD created a master plan for the area to encompass all SCUSD assets within the plan’s boundaries. Brett’s duties include section preparation and oversight of technical services.

Technical Lead for the City of Milpitas 1355 California Circle Project EIR, Health Risk Assessment, and Air Quality & Greenhouse Gas Emissions Technical Studies (Milpitas, CA). Impact Sciences is preparing CEQA documentation for the proposed Pulte Homes residential development. The proposed project comprises up to 206 new residential units on a 6.69-acre site. The applicant is working with the Milpitas Unified School District (MUSD) to create a program that would provide housing opportunities for their 900+ employees, within the 75 below-market-rate units. The proposed site is located to the east of Interstate 880 and a 35’-wide storm drain channel, west of California Circle. Brett led the preparation of the HRA and technical studies for air quality and noise/vibration.

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LYNN KAUFMAN, CLA
Associate Principal
Lynn has over 25 years of experience in both the management and preparation of environmental review documents pursuant to CEQA and NEPA for clients in both the public and private sector. Lynn has written numerous CEQA analyses for high profile and environmentally sensitive projects in both urban and rural settings, and acts as a day-to-day contact for in-house and agency staff, subconsultants, and applicants, providing valuable insight to identify environmental constraints and feasible mitigation measures. Lynn’s duties also include project scheduling, budgeting, conducting field surveys, preparing proposals and graphics, providing quality control review and feedback, and training entry-level staff. Lynn has prepared and comanaged a variety of environmental review documents including Environmental Impact Reports, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Sustainable Communities Environmental Assessments, Environmental Assessments, Addenda, Mitigation Monitoring and Reporting Programs, and other focused environmental analyses. Her diverse project experience includes commercial/retail, mixed-use, single-, multi-family and affordable residential, institutional, and master planned developments throughout Southern California.

Representative Project Experience
Task Leader for the City of Los Angeles Oil & Gas Drilling Ordinance IS/MND and Technical Studies (Los Angeles, CA). The proposed Citywide Oil and Gas Drilling Ordinance (Ordinance) provides for the termination of all nonconforming oil and gas extraction and production uses within the City over a 20-year period and prohibition of new or expanded oil and gas extraction activities, except as allowed to continue via a discretionary process established by the Ordinance and in compliance with State, regional, and local regulations. Lynn was responsible for document preparation and quality control review of the IS/MND.

Task Leader for the Kern Council of Governments 2014 and 2018 Regional Transportation Plan/Sustainable Communities Strategy EIR (Kern County, CA).

The RTP is the culmination of a multi-year effort with the intent to improve the balance between land use and transportation systems. Kern COG is required by federal law to develop an RTP that determines the needs of the transportation system and prioritizes proposed transportation projects. Key issues associated with the project include greenhouse gas emissions, specifically meeting targets set by the Air Resources Board, and developing land use planning scenarios. In 2022 issues arose related to the growth forecast and planned development within the County. Lynn was responsible for section preparation and review, project oversight and document preparation
Project Manager for the Hitch Ranch Specific Plan Project EIR (Moorpark, CA). The proposed project would provide up to 755 residential units of varying land use types and densities, in addition to open space, and recreational uses. The residential units would be comprised of a mix of traditional single-family detached dwelling units, clustered singlefamily detached units, and apartment buildings. To be consistent with the City of Moorpark’s policies regarding affordable housing, the Applicant will also donate a six acre graded parcel of land with all utility services to the City, so that the City may pursue development of affordable multi-family housing. A The issues of concern addressed in the EIR include aesthetics, air quality, biological resources, greenhouse gas emissions, hydrology and water quality, land use, noise, transportation, and wildfire. Lynn was responsible for project oversight, budgeting, and document preparation.

Project Manager for the Temple Beth Am-Pressman Academy Campus Expansion Project IS/MND in the Wilshire Community Plan Area (Los Angeles, CA). The project involves the construction of a new three-story building with classrooms, a library and conference rooms, an art studio, laboratories, offices, a teacher’s lounge and workroom,

PROJECT ROLE
Senior CEQA Reviewer

EDUCATION
University of California, Los
Angeles - University
Extension Professional
Designation Award,
Landscape Architecture
Bachelor of Arts, Design and
Fine Art, California State
University, Northridge

AFFILIATIONS
Registered Landscape
Architect - State of California
– No. 2975

LYNN KAUFMAN, CLA
Associate Principal

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restrooms, storage and other support space, and (under the second phase of the proposed project) the enclosure of the third floor to create an indoor gymnasium. Under the third and final phase of the proposed project an elevated play-deck would be constructed over surface parking located on the northwest corner of the project site. Lynn was responsible for project oversight and document preparation.

Task Leader for the Malibu Memorial Park Project IS/MND, (Malibu, CA). The 27.8 acre project site located at the northeast corner of the intersection of Pacific Coast Highway (PCH) and Malibu Canyon Road. The project consists of a 6,673 square foot chapel, 176 parking spaces, 47 freestanding mausoleum structures, approximately 28,265 in-ground burial plot spaces intermittently located throughout the property 3,644 interments in above grade wall crypt structures and approximately 65,036 square feet of walking trails. The main chapel would serve as the central axis for the development and is proposed to house clergy offices and meeting rooms, religious burial preparation areas and private grieving areas. Additional project components include a public mausoleum, private estate plots, terraced estate plots, bench estates, cremation gardens/ossuaries/niche walls, a pet cemetery, and lawn crypts. Lynn was responsible for project oversight and document preparation.

Assistant Project Manager for the Roosevelt Memorial Park Cemetery Master Plan Project IS/MND (Los Angeles, CA). The project includes upgrades to modernize and expand the current operations at the existing Roosevelt Memorial Park Cemetery. The 36.58 acre project site is currently zoned A1-1/GP LUD Open Space (no zone change is required).

The project is separated into seven phases: Phase 1 (Areas A and B): 1,288 crypts, 460 wall niches, and 162 garden niches (3 high), Phase 2 (Areas C and D): 1,428 crypts, 760 wall niches, and 54 garden niches (3 high), Phase 3 (Area E): 1,267 crypts and 1,080 wall niches, Phase 4 (Area Q); one-story, 4,900 sf administrative office and crematory building and vehicle parking, Phase 5 (Areas F, M, and N): 2,408 crypts, 1,240 wall niches, 500 garden niches, and 106 double depth lawn crypts, Phase 6 (Areas G and H): 2,212 crypts, 1,920 wall niches, 3,000 garden niches, and 3,600 chapel niches, Phase 7 (Area I): 1,754 crypts, 2,020 wall niches, 1,868 garden niches, and 152 chapel niches. The project is expected to be developed over an approximately 25-year horizon. Lynn is responsible for project oversight and QA/QC.

Project Manager for the Whole Foods and the Park Project EIR (Malibu, CA). The project includes the development of two parcels totaling 5.88 acres; the project site is currently vacant. The project consists of a new 38,425-square-foot community shopping center in the Civic Center area. The shopping center is designed to be anchored by a Whole Foods Market. The floor area ratio (FAR) for the project would be 0.15, including the main market building and four smaller outbuildings. The buildings would surround a central parking area with walkways, landscaping, and outdoor amenities integrated throughout. The issues of concern addressed in the EIR included aesthetics, air quality, biological and cultural resources, hazards and hazardous materials, land use, noise, and transportation and traffic. Lynn was responsible for project oversight and document preparation.

Project Manager for the for the St. John's Seminary Residential Community Project EIR (Camarillo, CA). The project was processed as a Residential Planned Development (RPD), zone change, and General Plan Amendment to identify potential land uses, phasing, design standards, and circulation patterns for approximately 88.45 acres, located at the north side of Upland Road, easterly of Lewis Road and Somis, formerly occupied by the now closed St. John’s Undergraduate College, and was owned by the Roman Catholic Archdiocese of Los Angeles. The proposed project would provide up to 300 residential units for an age restricted adult community, in addition to open space, and recreational uses. The residential units would be comprised of a mix of traditional single family detached dwelling units, clustered single family detached units, and clustered duplex units. The issues of concern addressed in the EIR include aesthetics, agricultural resources, air quality, biological and cultural (historic) resources, greenhouse gas emissions, geology and soils, hazards and hazardous materials, hydrology and water quality, land use, noise, and transportation and traffic. Lynn was responsible for project oversight and document preparation.

Project Manager for the proposed 6024 Jefferson Project IS/MND in the West Adams-Baldwin Hills-Leimert Community Plan Area (Los Angeles, CA). The proposed project is located on a 3.672 acre site in Los Angeles, California at 6024-6034 W Jefferson Boulevard. The proposed project is intended to provide corporate headquarters office, manufacturing, and warehouse facilities for “The Coffee Bean & Tea Leaf” inclusive of a coffee bean roasting space and viewing area, and a drive-thru retail (coffee shop) component. The development consists of two buildings totaling 218,778 square feet of floor area. Surface and subterranean parking would be provided with up to 828 spaces. Lynn was responsible for project oversight and document preparation.

APPENDIX B
Sample Independent Contractor’s Agreement
Professional Services Agreement
AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $40,000]
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 _________________________________________ a [business type:

Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _________________________________ (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
[choose one]
(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or
(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.

CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on _________________ [Date].

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

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

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

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

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

9. 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.

10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval.

11. 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.

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

13. 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.

14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

15. 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.

16. INSURANCE.

16.1 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").

16.1.1 Automobile liability insurance, providing coverage for owned, nonowned, 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.

16.1.2 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:

16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;

16.1.2.2 Provide products and completed operations coverage;

16.1.2.3 Provide premises, operations, and mobile equipment coverage; and

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

16.1.3 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.

16.2 General Provisions Applying to All Insurance Types.

16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

16.2.2 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.

16.2.3 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.

16.2.4 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.

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

16.2.6 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.

16.2.7 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.

17. 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.

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

19. 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.

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

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

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

29. 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.

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

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

CITY: CITY OF BAKERSFIELD

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

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

33. 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.

34. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
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
By:________________________________ By:_________________________________

KAREN GOH
Mayor Print Name:

Title:
[Signatures on Following Page]

DO NOT HAVE STAND ALONE SIGNATURE PAGE
APPROVED AS TO CONTENT:

CITY DEPARTMENT NAME
By:_______________________________

DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
COUNTERSIGNED:

By:_______________________________

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
“I have received and reviewed the sample INDEPENDENT CONTRACTOR’S AGREEMENT including the INDEMNITY clause which was sent to me with the CITY’s RFP. My signature below shall signify our firm’s acceptance of said agreement if our firm is selected for award of the agreement for the project as described in said RFP. This acceptance is made with the understanding that the Compensation and Time for Completion clause will be modified to contain the amounts and dates established for this agreement.”
_______________________
Signature
_______________________
Date
August 5, 2026
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 of 9 Updated – October 2025
AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and IMPACT SCIENCES, INC. a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, Costco Wholesale Corporation, (applicant) has applied for a Planned Development Review No. 25-0022 (referred to as herein as “PROJECT”), proposing to develop a commercial complex that includes ten buildings, a passenger vehicle fueling facility, surface parking, a drainage basin, and landscaping throughout. At the site’s northern portion, approximately 40,800 SF of retail, commercial, and restaurant uses will be constructed in eight separate buildings. The site’s southern portion includes a drainage basin and a 184,480-SF Major Anchor Store with a passenger vehicle fueling facility; and WHEREAS, CITY issued a Request for Proposals on June 24, 2026, requesting professional services to prepare an Environmental Impact Report (EIR) and conduct a peer review of completed Technical Studies in compliance with the California Environmental Quality Act (CEQA) Guidelines, as more specifically described in Exhibit “A,” attached hereto and incorporated by reference herein; and
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of environmental compliance and processing per CEQA; and
WHEREAS, CONTRACTOR also represents that it has an adequate number of experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the scope of work.

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 attached scope of work presented in Exhibit “B” (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 9 Updated – October 2025
been hired to perform, whether specifically included in the Scope of Work or not.

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

In accordance with the hourly rates as shown on Exhibit “B” attached hereto and incorporated herein by reference.

CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than ONE HUNDRED TWENTY-FOUR THOUSAND EIGHT HUNDRED FIFTY-THREE DOLLARS ($124,853.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate two years from its date of execution.

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

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

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

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 9 Updated – October 2025

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

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

9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.

13. 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.

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 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 9 Updated – October 2025
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.

16. INSURANCE.

16.1.1 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.

16.1.2 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:

16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;

16.1.2.2 Provide products and completed operations
coverage;

16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and

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

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 of 9 Updated – October 2025

16.1.3 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.

16.2 General Provisions Applying to All Insurance Types.

16.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

16.2.2 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 of 9 Updated – October 2025

16.2.4 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.

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

18. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 of 9 Updated – October 2025
any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder , except for CITY’s sole active negligence or willfull misconduct.

23. 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.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 of 9 Updated – October 2025

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

CONTRACTOR: IMPACT SCIENCES, INC.
811 W. 7th Street, Suite 200
Los Angeles, California 90017
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 of 9 Updated – October 2025

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

34. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes x No (Please check one.) 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 IMPACT SCIENCES, INC.

By:________________________________ By:_________________________________

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

DEVELOPMENT SERVICES DEPARTMENT
By:_______________________________

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

Deputy City Attorney II:_____________________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
Attachments: Exhibit A – Request for Proposals
Exhibit B – Proposal
S:\Planning\Agrs\26-27\Contractor Agreement-Impact Sciences Inc..docx

REQUEST FOR PROPOSAL
Planned Development Review No. PDRN-25-0022
(7th Standard Marketplace Project)
Peer Review of Technical Studies and
Environmental Impact Report
Roque Nino, Principal Planner
Development Services Department – Planning Division
1715 Chester Avenue | Bakersfield, CA 93301
POSTED: June 24, 2026
DUE: July 27, 2026
1 REQUEST FOR PROPOSAL (RFP)

FOR PROFESSIONAL SERVICES TO PEER REVIEW

TECHNICAL STUDIES AND ENVIRONMENTAL IMPACT REPORT
FOR PLANNED DEVELOPMENT REVIEW NO. PDRN-25-0022
The City of Bakersfield is seeking qualified professional consultants to conduct a peer review of Technical Studies and to assist and review the preparation of a Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR) for Planned Development Review No. PDRN-25-0022 (Commercial Complex). A list of consultants who have received this distribution of the Request for Proposal (RFP) is attached.

Respondents to the RFP are specifically directed not to contact any City personnel other than the contact person indicated below. It is suggested that you send a single email inquiry if there are multiple questions concerning the scope of professional services required.

HOW TO RESPOND TO THIS RFP:

To respond to this RFP, please submit four (4) hard copies and one electronic copy of your proposal to the following address:

RESPONSE TO REQUEST FOR PROPOSAL (RFP)
ENVIRONMENTAL IMPACT REPORT FOR PDRN NO. PDRN-25-0022
DUE DATE: This proposal is subject to a 30-day response period. Consideration has been included for mail delivery and holidays in calculating the response date. Proposers are solely responsible for ensuring timely receipt of proposals and responses received after the due date will not be considered. Postmark date will not constitute timely delivery.

The proposal must arrive at the address noted above before 5:00 pm on the closing date listed below to be considered for this project.

Plan Calendar is as follows: “Tentative Schedule”
Distribution of RFQ/RFP ....................................................................................... 6/24/2026 DUE DATE for Response to RFQ/RFP ................................................................... 7/27/2026 Notification of Short List Selection ..................................................................... 8/07/2026 Interviews (If Needed) ........................................................................................ 8/13/2026 Notification of Final Selection .............................................................................. 8/19/2026

Roque Nino Date: 6/24/2026
Principal Planner
2 1.0 INTRODUCTION ......................................................................................................................................... 3

1.1 PURPOSE OF THIS REQUEST FOR PROPOSAL .............................................................................................................. 3

1.2 PROJECT LOCATION .............................................................................................................................................. 3

1.3 PROJECT DESCRIPTION .......................................................................................................................................... 3

1.4 SITE CHARACTERISTICS - SURROUNDING LAND USES .................................................................................................... 3

2.0 SERVICES TO BE PROVIDED BY THE CONSULTANT ...................................................................................... 9

2.1 TASK 1: KICK-OFF MEETING AND BACKGROUND REVIEW ............................................................................................. 9

2.2 TASK 2: NOTICE OF PREPARATION (NOP) AND CIRCULATION ....................................................................................... 9

2.5 TASK 5: ADMINISTRATIVE DEIR PEER REVIEW ......................................................................................................... 11

2.6 TASK 6: DEIR SCREENCHECK AND CIRCULATION ....................................................................................................... 13

2.7 TASK 7: SCREENCHECK FEIR AND TECHNICAL APPENDICES PREPARATION AND CIRCULATION ............................................ 14

2.8 TASK 8: DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS PREPARATION ............................... 14

2.9 TASK 9: HEARING ATTENDANCE ............................................................................................................................ 15

2.10 TASK 10: ADMINISTRATIVE RECORD PREPARATION ................................................................................................... 15

3.0 PROPOSAL FORMAT, CONTENTS, AND SUBMISSION ................................................................................. 16

3.1 PROPOSAL CONTENTS ......................................................................................................................................... 16

3.2 PROPOSAL SUBMISSION ....................................................................................................................................... 19

4.0 MISCELLANEOUS GENERAL REQUIREMENTS ............................................................................................. 20

4.1 PAYMENT FOR SERVICES ...................................................................................................................................... 20

4.2 SERVICES PROVIDED BY THE CITY ........................................................................................................................... 20

4.3 SOLICITATION CAVEAT ......................................................................................................................................... 21

4.4 TIME ................................................................................................................................................................ 21

4.5 FORM OF PROFESSIONAL SERVICES AGREEMENT ....................................................................................................... 22

4.6 BUSINESS ADDRESS ............................................................................................................................................. 22

4.7 ADDENDA ......................................................................................................................................................... 22

4.8 ENVIRONMENTAL ANALYSIS CRITERIA ..................................................................................................................... 22

4.9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION .................................................................................. 23

5.0 SELECTION PROCESS ................................................................................................................................. 25 3 1.0 INTRODUCTION

1.1 Purpose of this Request for Proposal
The City of Bakersfield (City) is requesting proposals from qualified consulting firms to conduct a peer review of completed Technical Studies to be utilized for the preparation of an Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) Guidelines. The consultant will also assist City Staff by conducting a peer review and coordinate the preparation of the DEIR, which is to be prepared by the applicant/project proponent. The EIR will analyze the potential environmental impacts related to the possible approval of Planned Development Review No. PDRN-25-0022 by the Bakersfield Planning Commission. As detailed in the next sections, this PDR would allow the development of the 7th Standard Marketplace (Marketplace or Project), approximately 226,260 square feet (SF) of commercial uses on an approximately 36-acre property.

1.2 Project Location
The project site is on a single parcel (Accessors Parcel Number [APN] 492-060-12) located at the southwest corner of the Seventh Standard Road and Calloway Drive intersection in the City of Bakersfield, County of Kern (“County”), California; Figure 1: Regional Vicinity Map. The Project site is located in the City’s northwest portion and borders the City of Shafter to the north; Figure 2: Local Vicinity Map.

1.3 Project Description
Landmark Survey and Engineering, Inc.(applicant) is proposing to develop a commercial complex that includes ten buildings, a passenger vehicle fueling facility, surface parking, a drainage basin, and landscaping throughout. At the site’s northern portion, approximately 40,800 SF of retail, commercial, and restaurant uses will be constructed in eight separate buildings. The site’s southern portion includes a drainage basin and a 184,480-SF Major Anchor Store with a passenger vehicle fueling facility; Figure 5:

Preliminary Development Plan.

1.4 Site Characteristics - Surrounding Land Uses
The Project site is a vacant, undeveloped property that is currently used for agricultural purposes.

Although oil production has occurred in the area, one abandoned/plugged dry gas well exists on the Project site, near its northeast corner. Additionally, a PG&E major transmission line extends along Seventh Standard Road.

Land uses surrounding the Project site include the following: Seventh Standard Road to the north with single-family residential uses in Shafter beyond Seventh Standard Road; single-family residential uses to the south; Calloway Drive to the east with vacant land beyond Calloway Drive; and vacant land to the west; Figure 2: Local Vicinity Map. See the table below for surrounding Land Use Designations and Zoning.

Location Jurisdiction Land Use Designation Zoning Existing Land Use Project
Site
City of Bakersfield General Commercial Regional Commercial/ Planned Commercial Development
Agriculture
North City of Shafter Gossamer Grove
Specific Plan
Gossamer Grove Specific Plan
(Estate Residential)
Single-Family Residential
South City of Bakersfield Suburban Residential Estate One Family Single-Family Residential East City of Bakersfield
County of Kern
Low-Density Residential
Estate Residential
Mixed Use Transit
Exclusive Agriculture
Agriculture
Single-Family Residential
West City of Bakersfield Suburban Residential Estate One Family Dwelling Agriculture Figure 1. Regional Vicinity Map
5 Figure 2. Local Vicinity Map
6 Figure 3. Existing Land Use Designation Map
7 Figure 4. Existing Zoning
8 Figure 5. Preliminary Development Plan

2.0 SERVICES TO BE PROVIDED BY THE CONSULTANT
The following provides a series of tasks for services required as part of this RFP. When preparing a proposal for submittal to the City of Bakersfield, the following should be addressed:

2.1 Task 1: Kick-off Meeting and Background Review
After receiving authorization to proceed, the consultant will coordinate and attend a kick-off meeting with the Planning Division and the Applicant to receive any available information regarding the project, such as technical studies, planning documents, maps, and aerial photographs; discuss timing and the schedule for document preparation and reviews; establish communication protocols and expectations; and provide an opportunity to discuss any other project-related matters. Of particular importance is engaging in discussion about the project objectives because they, in part, will be used to analyze the project alternatives developed for the project. The consultant will provide the Planning Division and the applicant with a kick-off meeting agenda followed by a memorandum that summarizes the meeting, including agreed-upon action items, timing of the items, and who is responsible for completing each item.

After the kick-off meeting, the consultant will mobilize and begin to review the background information provided at the meeting, as well as other available information pertinent to the project. While reviewing this information, the consultant will develop a list of additional information needs, if necessary, to assist in the successful preparation of the EIR. The consultant will also provide a full project schedule organized by task/milestone spanning from kick off through Final EIR consideration by the Bakersfield Planning Commission and, upon appeal, to the City Council.

Deliverables:

1. Kick-off meeting agenda;

2. Kick-off meeting memorandum in electronic format;

3. Information needs list in electronic format, if needed;

4. Full project schedule organized by task/milestone in electronic format.

2.2 Task 2: Notice of Preparation (NOP) and Circulation The Consultant, in collaboration with the Planning Division, will peer review the prepared draft Notice of Preparation (NOP) prepared by the applicant for public distribution, including a Project Description, list of probable environmental effects, and all other required components as outlined by CEQA. The City will notice and conduct a Scoping Meeting during the 30-day public review period, and the Consultant’s attendance is required. The Consultant will be responsible for the following:

1. Review and assess the Administrative draft NOP and associated documents ;

2. Review and assess the project description for technical completeness;

3. Review and assess the Final NOP for public distribution in electronic format;

4. Review and assess Final NOP to the State Clearinghouse (SCH);

5. Distribute 50 or more hard copies or electronic copies (with cover letter) to Agencies and interested parties as identified on a mailing list provided by Planning Division, via overnight carrier or certified US Mail;

6. Provide two (2) three-ring binder (or spiral/comb bounded) hard copies (or spiral/comb bounded) to the City;

7. Provide one (1) USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and Word versions of the final NOP, set of NOP figures, and PDF of all documents cited in the final NOP;

8. Review and assess all NOP comments received and verify they are addressed within the Draft EIR. 10 Deliverables:

1. Review, assess, and submit an assessment report of the Final NOP and NOC prior to submitting to SCH;

2. Distribute 50 or more hard copies or electronic copies of the final NOP to the Planning Division, provided mailing list via overnight carrier (for time-sensitive deliveries) and certified US Mail;

3. Two (2) three-ring binder (or spiral/comb bounded) hard copies of the final NOP for City Planning;

4. One USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and Word versions of the final NOP, set of NOP figures, and PDF of all documents cited in the final NOP.

2.3 Task 3: Review Project Description
The Consultant will review the expanded project description prepared by the applicant. Using the NOP project description, the applicant will augment this description with the most current information and comments from the NOP public review period and develop an expanded draft project description. The consultant will review the applicant-provided technical reports to enhance our understanding of the existing project setting and augment this background review with in-house resources and additional research. After reviewing this information, the consultant will prepare and submit an information needs memorandum, if necessary, to the Planning Division to improve our understanding of the project description (see Task 1). Using the information from the field reconnaissance, technical reports, in-house resources, additional research, and Planning Division-provided information, the applicant will prepare a project description within 60 days of the authorization to proceed to be used for the subsequent environmental documentation.

The project description will include a detailed narrative of the project components, with graphics and maps to highlight the project location, project elements, current land-use designations and zoning classifications, and surroundings. As discussed in Task 1 above, be prepared to work with the Planning Division and the applicant to develop an agreed-upon list of project objectives. This is a vital step towards developing a reasonable range of alternatives to be addressed later in the environmental documentation process.

Assume one round of review of the administrative draft project description by the Planning Division.

Please allow two weeks in your anticipated schedule for the Planning Division to review the administrative draft project description.

Deliverables:

1. Administrative draft project description in Word format;

2. Draft project description in Word format.
11 2.4 Task 4: Applicant-Prepared Technical Report Peer Review Based on an initial review of the project and its possible environmental effects, the Planning Division requires the preparation of the following technical reports by the applicant for the EIR analysis and to be appended to the EIR:

1. Air Quality/Climate Change Analysis/Health Risk Assessment;

2. Biological Resources Study;

3. Cultural Resources Study;

4. Paleontological Resource Assessment;

5. Energy Assessment;

6. Stormwater Quality Management Plan;

7. Traffic Impact Study (LOS) (including VMT analysis);

8. Urban Decay;

9. Noise Assessment Study;

10. Water Supply Assessment (approved by CalWater);

11. Phase I Environmental Site Assessment;
The consultant will conduct a peer review and provide an assessment of the technical reports regarding CEQA adequacy. The consultant will prepare a memo for each technical report and provide it to the Planning Division. These memos will be sent to the applicant to forward to their respective specialist who prepared the technical reports to consider the comments for modification or updates sufficient for the purposes of the CEQA analysis. The Planning Division assumes that the applicant’s specialists that prepared the reports after our initial review, if necessary, will modify all submitted technical reports, and that only one round of review and final confirmation of adequacy will be needed. If direct communication between the applicant’s respective specialists is beneficial, the applicant can request authorization from the City for direct communication between the City consultants and the applicant's specialists.

Deliverables:

1. Technical report sufficiency memoranda in PDF format for each special technical study.

2.5 Task 5: Administrative DEIR Peer Review
The information provided by the consultant to the City will be forwarded to the applicant, who will prepare the administrative draft EIR (DEIR) in accordance with the City of Bakersfield CEQA Implementation Procedures. The project will be analyzed at the project level, providing sufficient study to conclude that additional CEQA compliance will not be required if the City’s decision-making bodies approve the project and certify the EIR. The DEIR will include all the required contents per CEQA and will include a detailed inventory of existing conditions, thresholds of significance used for the evaluation of impacts, and an analysis of the environmental impacts and levels of significance. Appropriate mitigation measures will be provided for potential impacts identified in each environmental issue area shown in the City of Bakersfield Initial Study Environmental Analysis checklist (i.e., Aesthetics, Agriculture and Forest Resources, Air Quality, etc.) for which a potentially significant impact may occur.

The consultant will budget for two rounds of review of the administrative DEIR by the Planning Division, and the consultant will include 20 days for their review of the Planning Division changes in their proposed project schedule. The estimated target date is six (6) months to get the DEIR circulated from the time the consultant is awarded the contract. Revisions to the administrative DEIR will be provided to the Planning Division in underline/strikeout format.
12 Technical Issues
The EIR will focus on the potentially significant environmental impacts identified in the NOP.

Alternatives
The consultant will work closely with the Planning Division to review the alternatives for analysis as prepared by the applicant in the EIR. These alternatives will be based on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening any of the significant environmental impacts of the project. As allowed by CEQA, the alternatives will be analyzed at a reduced level of detail in comparison to the project.

Consequences of Project Implementation
Cumulative Impacts
The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with the Planning Division and other jurisdictions. The project’s contribution to the overall cumulative baseline will be evaluated, and “cumulatively considerable” impacts will be identified. Mitigation measures will be developed for any cumulatively considerable impacts, if applicable and feasible.

Growth-Inducing Impacts
As required by CEQA, the EIR will evaluate whether the project has the potential to directly or indirectly foster economic or population growth. This analysis will include an assessment of whether the project would directly contribute to growth or remove obstacles to population growth, such as through the extension of infrastructure. We will evaluate whether any projected increase in population as a result of the project would result in additional impacts to existing community resources or encourage and facilitate other activities that could significantly affect the environment.

Significant Irreversible Environmental Changes
The consultant will review the DEIR for adequacy of any significant irreversible environmental changes.

As required by CEQA, the EIR will summarize the significant and unavoidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment. This will include a discussion of nonrenewable resources, permanent conversion of land uses, improvements to areas previously inaccessible, and other factors that would commit future generations to similar environmental impacts.

Effects Found Not To Be Significant
The consultant will review the DEIR for adequacy of any effects found not to be significant. As required by CEQA, the EIR will summarize the qualitative explanation of issues found not to be significant during the NOP process as well as impacts that were studied in the EIR and determined to be less than significant. 13 Organizations and Persons Consulted
The consultant will review this section of the DEIR for adequacy of listing all the organizations and persons consulted in preparing the DEIR that documents any federal, state, or local agencies, other organizations and private individuals consulted in preparing the EIR.

Preparers
The consultant will review this section of the DEIR for adequacy of documenting all names of persons consulted in preparation of the EIR and their contribution.

Acronyms
The consultant will review this section of the DEIR for adequacy of definitions and all acronyms used in the EIR.

Bibliography
The consultant will review this section of the DEIR to ensure the Bibliography was prepared to Metropolitan Library System (MLS) standards and includes all personal communications. The consultant will also keep electronic copies of all reference materials for the administrative record (see Task 11).

Deliverables:

1. Review of Round 1 administrative DEIR in Word format;

2. Review of Round 2 administrative DEIR in Word format.

2.6 Task 6: DEIR Screencheck and Circulation
After the two rounds of review of the administrative DEIR by the City and consultant, the applicant will revise and prepare a screencheck DEIR and technical appendices for approval by the Planning Division within two (2) weeks of receiving comments from the Planning Division prior to distributing the DEIR for the required 45-day public review period.

The consultant and city staff will review the DEIR screen check. Once the screencheck DEIR has been approved, the consultant will print (as needed) and distribute the DEIR. The applicant will submit the DEIR, NOA, Summary Form, and NOC to the SCH following their most recent electronic submission criteria. In addition, the consultant will also print and distribute 50 or more NOAs to agencies and persons on a mailing list provided by the Planning Division. The consultant will provide three (3) full hard copies of the DEIR, including tabbed technical appendices in three-ring binders (or spiral/comb-bound) for the Planning Division and Library use. The consultant will also provide the Planning Division with one USB flash/thumb drive that includes PDF and Word versions of DEIR and a set of DEIR figures. The consultant will deliver all copies of the NOA via overnight carrier (for time-sensitive deliveries) and certified US Mail.

Deliverables:

1. Review of Screencheck DEIR in PDF.

2. Distribute 50 or more hard copies of Notice of Availability (NOA) for DEIR with appendices to the Planning Division-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified US Mail.
14 3. Three (3) tabbed, three-ring binder (or spiral/comb-bound) full of hard copies DEIR for Planning Division and Library use;

4. One USB flash/thumb drive that includes PDF and Word versions of DEIR and a set of DEIR figures.

2.7 Task 7: Screencheck FEIR and Technical Appendices Preparation and Circulation Following the 45-day public review period for the DEIR, the consultant will review the applicant's draft final EIR (FEIR) based on comments received during the 45-day public review period. The responses to comments and any changes to the DEIR deemed necessary by City Planning will be prepared by the applicant in the draft FEIR and submitted to the consultant and Planning Division for review. Assuming only two round of review of the draft FEIR by the Planning Division and consultant, it will take the applicant approximately one (1) month from the end of the 45-day public review period to prepare the screencheck FEIR.

As part of the FEIR preparations, the consultant will review and assess the Mitigation Monitoring and Reporting Program (MMRP) for CEQA adequacy and to be appended to the FEIR. The MMRP will contain all accepted mitigation measures. The MMRP will include, but is not necessarily limited to, the following:

1. Project time period to which the measure applies (i.e., during construction, prior to obtaining grading permit, prior to operation, etc.);

2. Future review and reporting requirements;

3. Responsible party for the cost of mitigation;

4. Responsible party for implementing and enforcing mitigation;

5. Requirements for monitoring by outside agency; and

6. Monitoring and reporting frequency.

After the Planning Division and consultant have provided revisions based on the draft FEIR, the applicant will review the revised and provided screencheck FEIR for approval by the Planning Division. Once the screencheck FEIR has been approved, the consultant will print and distribute the NOA FEIR at least three weeks (21 days) prior to the Planning Commission hearing on the project. The consultant will deliver all copies of the NOA FEIR via overnight carrier (for time-sensitive deliveries) and certified US Mail.

Deliverables:

1. Review Draft FEIR in Word format;

2. Review Screencheck FEIR in PDF format;

3. Distribute 50 or more hard copies or electronic copies of the NOA FEIR to a Planning Divisionprovided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified US Mail, including all necessary copies for the Planning Division and Planning Commission.

2.8 Task 8: Draft Findings of Fact and Statement of Overriding Considerations Preparation The consultant will review the draft Findings of Fact and, if necessary, Statement of Overriding Considerations prepared by the applicant in accordance with Sections 15091 and 15093 of the CEQA Guidelines for the City’s use. They are legal City documents and therefore, the City will finalize these documents in consultation with the City Attorney. Assume one round of review of the draft documents by the Planning Division.

Deliverables:

1. Review Findings of Fact and Statement of Overriding Considerations in Word format;

2. Review the draft Findings of Fact and Statement of Overriding Considerations in Word format. 15 2.9 Task 9: Hearing Attendance
The applicant and consultant will be available to support the Planning Division at all public hearings related to the project. Assume preparation for, and attendance at, one Planning Commission Hearing and one City Council Hearing (maybe more).

If the project is approved and the EIR is certified, the Planning Division will prepare the Notice of Determination (NOD) to be filed with the SCH and County Clerk.

2.10 Task 10: Administrative Record Preparation
The applicant and consultant will provide the Planning Division with the Administrative Record within 30 days of the City Council making a determination about the project. The Administrative Record will include all documents referenced in the EIR and technical appendices.

Deliverables:

1. Administrative Record in PDF format
NOTE: Where requested in electronic format, the documents should be provided to staff on a USB flash drive, FTP site, or other mutually agreed upon alternative. Documents shall be provided in both Microsoft Word format and searchable PDF format (the PDF document should be provided as a single document, optimized and compressed).
16 3.0 PROPOSAL FORMAT, CONTENTS, AND SUBMISSION

3.1 Proposal Contents
All proposals submitted for this project will be submitted as one USB electronic copy and four (4) hardcopies to be organized, tabbed, and presented in the order listed below. The proposals will not be judged by the volume of material presented and therefore should be as brief and concise as possible without sacrificing clarity. The proposal should not exceed 20 pages in length exclusive of appendix materials (e.g., resumes).

3.1.1 Cover Page
Indicate the name of firm and project title.

3.1.2 Professional Team & Qualifications
Provide brief information concerning your firm in this section. Discuss the overall capabilities of the organization(s). Include a brief description of the firm's history, experience, organizational structure, and resume of top-level management. Provide similar information for each joint venture participant and all subcontractors, if any, along with the approximate percentage of their contribution.

If two or more firms are involved in a joint venture or association for this project, the proposal must clearly delineate the respective areas of authority and responsibility of each party. All parties signing the agreement with the City must be individually liable for completion of the entire project, even when the area of authority and responsibility under the terms of the joint venture or association is limited.

Include the following information in this section:

1. Name and location of the office where the project work is to be performed;

2. Total personnel by discipline of the professional team (including sub-consultants);

3. An Organizational Chart to include:
a. Principal-in-Charge – State nature of involvement with the project(s). b. Project Manager – State nature of involvement with the project(s). c. Planners/Environmentalists.
d. Other key personnel.
e. Resumes of professional team

3.1.3 Project Approach and Work Schedule
Present your response to the services requested above. The proposal shall include a description of the methodology developed to perform the required services and tasks, including the listing of products associated with each. Provide a work schedule outlining timeframes for circulation of the project, work products, and payment milestones, taking into consideration the time constraints set forth in Section 4.4. applicant-prepared reports and other deliverables that have already been completed to date are listed in Section 2.4.

The consultant shall be prepared to start the work within three (3) weeks of the City’s authorization to proceed and shall complete work within the allotted time specified by the City in the Agreement for Professional Services.
17 The proposed project duration is six (6) months for completing the DEIR after the consultant is awarded the contract, followed by public review and hearings. The actual processing time may vary and will depend on issues and circumstances, which evolve from public meetings, CEQA processing, future funding, and future events. The proposal should demonstrate the consultant’s willingness to prepare and execute flexible work scheduling based on these unknown events. The proposal must allow adequate time for Staff review, comment, and redraft of the documents, discussion, and deliberation throughout the program.

3.1.4 Cost of Services
Submit two (2) exhibits; including: (1) a fee schedule showing the hourly rates for staff and any other direct material and equipment costs that are likely to occur and (2) a payment schedule.

The proposed budget should outline all estimated costs to complete the project as outlined in Section 2 of this RFP, including administrative costs, graphics, duplication, and mailings as well as travel costs.

Please note that the City of Bakersfield does not pay “Cost-Plus” expenses. Therefore, integrate all anticipated costs to complete the project into the total proposed budget.

3.1.5 Indemnification and Insurance
The selected consultant will be required to obtain and maintain insurance as a condition of the award of this agreement, and the consultant’s proposal shall state that the consultant shall obtain the following in accordance with the terms of the agreement:

1. Professional liability insurance, providing coverage on an occurrence basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) per occurrence;

2. 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;

3. Broad form commercial general 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

4. 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.

Except for professional liability, the liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees, and volunteers.

The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees, and volunteers.

Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the City's sole discretion.

Except for professional liability, all policies required of the Consultant hereunder, shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 18 The automobile liability policies shall provide coverage for owned, non-owned and hired autos. The liability policies shall provide contractual liability coverage for the terms of this Agreement.

All policies shall contain endorsement providing the 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.

The insurance required under this Agreement shall be maintained until all work required to be performed under the terms of this Agreement is completed to the City's satisfaction. The Consultant shall furnish the City Risk Manager with a certificate of insurance and, if requested, copies of endorsement or all insurance policies evidencing the insurance required under this Agreement.

Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this agreement of the Consultant, must be declared to and approved by the City.

However, unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if the City has approved lesser insurance requirements for Consultant.

Consultant shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph.

All costs of insurance required under this Agreement shall be included in the Consultant's bid, and no additional allowance will be made for additional costs, which may be required by extension of the insurance policies. If the consultant fails to maintain adequate insurance coverage as required by the design contract, then the City of Bakersfield shall have the right to terminate the consultant's contract.

3.1.6 Contract Requirements-Indemnity Provision
A sample copy of the City’s Independent Contractor’s Agreement is included as an attachment. Please, review the agreement carefully as this is the agreement the Contractor is expected to execute without alteration. An authorized officer by the Contractor to do so, must submit and return this sample agreement with its submittal. The signature indicates that the authorized officer accepts the terms of the agreement, including the indemnity clause, as stated on the enclosed sample copy of the City’s Agreement. That indemnity clause reads as follows:
“CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.”

AN ACKNOWLEDGEMENT LINE THAT READS AS FOLLOWS WILL BE FOUND ON THE LAST PAGE OF THE SAMPLE AGREEMENT. AUTHORIZED OFFICER MUST REVIEW THE SAMPLE AGREEMENT CAREFULLY PRIOR TO SIGNING IT.
“I have received and reviewed the sample INDEPENDENT CONTRACTOR’S AGREEMENT including the INDEMNITY clause which was sent to me with the CITY’s RFP. My signature below shall signify our firm’s acceptance of said agreement if our firm is selected for award of the agreement for the project as 19 described in said RFP. This acceptance is made with the understanding that the Compensation and Time for Completion clause will be modified to contain the amounts and dates established for this agreement.”
THE CITY WILL NOT APPROVE ANY AUTHORIZED OFFICER’S REQUESTED MODIFICATIONS TO THE INSURANCE CLAUSE NOR THE INDEMNITY CLAUSE OF THIS AGREEMENT. Failure to execute the agreement without alteration may result in the rejection of the Authorized Officer’s proposal and retaining of a different Contractor by the City.

At the time of the agreement execution, the Contractor will be required to provide evidence of insurance coverage (Certificate of Insurance) as specified in the contract.

3.1.7 Current Volume of Work
Provide a means to demonstrate that your firm has the capacity to provide the required services in a timely manner and to meet deadlines.

3.2 Proposal Submission
To receive consideration, proposals shall be made utilizing the following general instructions:

1. The signatures of all persons signing the proposal shall be in long hand. The completed proposal should be without interlineations, alterations, or erasures.

2. No oral, telegraphic, or telephonic proposals will be considered.

3. The submission of a proposal shall be conclusive evidence that the consultant has investigated and is satisfied with the conditions affecting the program, the character, quality, and scope of work to be performed, and the requirements of the City.

4. Proposals shall be enclosed in an envelopes/shipping box that is clearly marked as specified in the coversheet of this RFP.

5. All documents submitted by the consultant are subject to disclosure under the Public Records Act.

Submit four hard copies and one USB electronic copy of your proposal to:

Roque Nino, Principal Planner
Development Services Department – Planning Division
1715 Chester Avenue | Bakersfield, CA 93301
Email: [email protected] I Phone: (661) 326-3671 ALL PROPOSALS MUST BE SEALED AND RECEIVED BY 5 P.M. ON THE June 18, 2026, AT THE ABOVE OFFICE AND ADDRESS. PROPOSALS SUBMITTED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. 20 4.0 MISCELLANEOUS GENERAL REQUIREMENTS

4.1 Payment for Services
Payment for the completion of milestones (see Section 2) which requires the preparation of assessments and/or any other City requested work shall be subject to approval by City Staff and will not be paid prior to the completion of any requested revisions.

4.2 Services Provided by the City
The City will provide a Project Manager and Staff assistance by appropriate City personnel and the items listed below in support of the consultant’s professional services; however, the consultant shall be responsible for the evaluation of all information supplied by the City.

4.2.1 City Documents
Planning Division will provide the following documents as part of the EIR processing:

1. Noticing for the scheduled public hearings (including newspaper of general circulation), notices to all property owners within 300 feet of the project site, and notices to those requesting in writing for notification;

2. Copy of application and supporting materials;

3. Metropolitan Bakersfield General Plan;

4. Zoning Ordinance;

5. Housing Element (most recent version);

6. Current aerial map of area;

7. Cumulative projects list for projects within the City (in collaboration with the consultant);

8. 45-day review periods for comments on administrative draft EIR;

9. 30-day review periods for comments on administrative final EIR;

10. 14-day review periods for comments on the administrative monitoring program and findings; and

11. NOD filed with the County Clerk.

4.2.2 CEQA Documentation
Upon agreement between the City and consultant on the scope of the information required, the City will furnish consultant with available data, plans, reports, maps, and other materials and information required for the project, except those included in the consultant’s scope of services. City staff to be included in the following:

1. Development of assumptions for the required reports.

2. Development of range of project alternatives for analysis. 21 3. Development of list of projects to be included in the analysis of cumulative impacts.

4.2.3 Other Tasks Completed by City Staff

1. Upon identification by the consultant, and approval by the City, of the necessity and scope of the information required, furnish consultant with available data, plans, reports, maps, and other materials and information required for the project, except those included in consultant’s scope of services.

2. Provide all public correspondence, communications, and submittals received.

3. Provide mailing list for document review.

4. Provide document and graphics review for consistency with the City’s formats, policies, procedures, plans, and ordinances.

5. Provide reference materials (past EIRs and Negative Declarations, etc.).

6. Due to the potential for litigation, Staff works closely with City Attorney’s office, to provide guidance and review of environmental documents and findings.

7. Process and schedule the necessary documentation and make the presentation to the Planning Commission and City Council.

8. Examine all maps, reports, sketches, opinions related to the project, specifications, drawings, proposals, and other documents presented by the consultant to the City.

9. Give prompt written notice to consultant whenever the City observes or otherwise becomes aware of any defects in the program.

10. Provide document and graphics review for consistency with the City’s formats, policies, procedures, plans, and ordinances.

4.3 Solicitation Caveat
The proposer understands and agrees that the City of Bakersfield shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP and shall not be liable to any proposer for costs attributed to the design of the project until the proposer has executed a contract with the City of Bakersfield and been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this RFP after three days’ notice to all prospective proposers.

The submission of a proposal shall be conclusive evidence that the consultant had investigated and satisfied themselves as to the conditions to be encountered, the character, quality, and scope of work to be performed, and the requirements of the City of Bakersfield.

4.4 Time
Time is of the essence as to all work to be performed by the selected consultant. Based on the preliminary work completed to date, including completion of the studies listed in Section 2.4, the requested completion of the DEIR is six (6) months after the consultant is awarded the contract allowing time for a two (2) peer reviews.
22 4.5 Form of Professional Services Agreement
Attached is substantially the form of the Professional Services Agreement, which the successful firm is expected to execute. Prospective consultants shall be notified of major changes to this Request for Proposal or the proposed Professional Services Agreement by addenda.

4.6 Business Address
Proposers shall furnish the City with their business street address. Any communications directed either to the address so given or to the address listed on the sealed proposal container and deposited in the U.S.

Postal Service by certified mail shall constitute a legal service thereof upon the proposer.

4.7 Addenda
Addenda issued by the City interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the proposal. The proposer shall sign and date the Addenda Cover Sheet and submit them with their proposal (or deliver them to the Planning Division) if the consultant has previously submitted this proposal to the Planning Division.

4.8 Environmental Analysis Criteria
The analysis shall be conducted in accordance with CEQA and criteria in the adopted City of Bakersfield Initial Study Environmental Analysis checklist. These criteria are to be used in assessing the significance of project-level and cumulative level environmental effects.

4.8.1 Technical Studies
Based on an initial review of the project and its possible environmental impacts, the Planning Division has required, and the applicant has already undertaken the preparation of the following technical reports to inform the EIR analysis and be appended to the EIR:

1. Air Quality/Climate Change Analysis/Health Risk Assessment/Energy;

2. Biological Resources Study;

3. Cultural Resources Study;

4. Paleontological Resource Assessment;

5. Energy Assessment;

6. Stormwater Quality Management Plan;

7. Traffic Impact Study (including VMT analysis);

8. Urban Decay;

9. Noise Assessment Study;

10. Phase I Environmental Site Assessment (at a minimum);

11. Water Supply Assessment (approved by CalWater);

11. Any technical and environmental studies deemed necessary by the City after consultation with other departments and agencies during public review of CEQA documentation.

The consultant will conduct a peer review and provide an assessment of the technical reports. The consultant will prepare a peer review memorandum for each technical report identifying any concerns associated with CEQA adequacy or to provide feedback that a report is sufficient for the purposes of the CEQA analysis. The consultant will conduct two (2) peer reviews on technical studies. The first review will consist of adequacy. The second will ensure edits were properly addressed. The Planning Division assumes the applicant’s consultant that the prepared reports will modify all submitted technical reports, if necessary.
23 4.8.2 Meetings
Consultant will meet with Planning Division Staff to discuss and agree upon assumptions and parameters for all studies and documents related to the CEQA process, including cumulative impacts, direct and indirect impacts, and project alternatives (see Task 1). The submitted proposal should also include representation at no less than one Planning Commission hearing and no less than one City Council hearing (see Task 10). The consultant is expected to participate in the presentation of the EIRs to the Planning Commission by providing technical support to City Staff regarding the EIR.

4.8.3 Draft EIR Publication
When publishing the Draft EIR for public review, the consultant will review any textual changes to any plans or ordinances and any support studies or reports as appendices. Reproduction and distribution of the DEIR via overnight carrier (for time-sensitive deliveries) and certified US Mail will be the responsibility of the consultant. The Planning Division will provide a mailing list. See Section 2 for detailing of expected deliverables. Detailed instructions on the exact number of copies will be provided in an official memo prior to the distribution of the DEIR.

4.8.4 Response to Comments
Following public review of the DEIR, Staff and consultant will review the applicants prepared written responses to any comment letters received concerning the DEIR, which may include the incorporation and development/clarification of identified mitigation measures. Staff and the consultant will review any changes to the DEIR as deemed necessary. The Planning Division and the consultant will review and comment on each aspect of the DEIR, as necessary, prior to finalization of the FEIR.

As part of the FEIR, the consultant will review the Mitigation Measure Monitoring Program and findings pursuant to CEQA Sections 15091 and 15093 prepared for consideration by the City of Bakersfield Planning Commission and City Council.

The FEIR will be distributed by the consultant via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail, as either an electronic copy or printed hard copy (depending on the total number of comments), at least three (3) weeks prior to the Planning Commission’s consideration of the EIR to all persons who commented.

Your submitted proposal may also include any additional proposed work your firm believes is necessary for the adequate review of a CEQA document but not included in the proposed outline. This suggested work should be included in the cost breakdown as optional and not part of the City requested work.

4.8.5 Administrative Record
The consultant and the applicant shall be responsible for the preparation, cataloguing, and delivery of the administrative record (see Task 11). The Planning Division will provide a memorandum providing directions.

4.9 Disadvantaged Business Enterprise (DBE) Participation The consultant shall ensure that DBE firms, as defined by federal law, have the maximum opportunity to participate in the performance of this contract and shall take all necessary and reasonable steps for such 24 assurance. The consultant shall document that adequate Good Faith Efforts were conducted to meet the requirements of the DBE. If a ranked consultant does not meet the goal and the City determines that the Good Faith Effort was not adequate, the consultant will be rejected and the City will negotiate with the next highest ranked firm.

25 5.0 SELECTION PROCESS
All proposals received by the specified deadline will be reviewed by the City for content, fee schedule, staffing, the proposed work program, and the phasing of tasks as well as overall compliance with this RFP.

Informal interviews may be conducted as part of the final selection process. The firm or firms selected by the City will be recommended to the City Council, but the Council is not bound to accept the recommendation or award the work to the recommended firm.

The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal received. The City reserves the right to select the proposal or proposals which, in its sole judgment, best meet the needs of the City. Pursuant to Section 4526 of the Government Code, the selection will be based on demonstrated competence and on the professional qualifications of the applicants and at a fair and reasonable price to the City.

Consultant’s List
City of Bakersfield Planning Division
Consultant List
- Mailing Labels -
Updated: 10/16/2024
CAJA Environmental Services,
LLC
Attn: RFP Manager
15350 Sherman Wy., Ste. 315
Van Nuys, CA 91406
PH: 310-469-6700
EcoTierra Consulting, Inc.

Attn: RFP Manager
5776-D Lindero Canyon Rd. #414
Westlake Village, CA 91362
PH: 818-356-9496
AECOM
Attn: RFP Manager
1220 Avenida Acaso
Camarillo, CA 93012
PH: 805-388-3775
Crawford & Bowen Planning, Inc.

Attn: RFP Manager
113 N. Church St., Ste. 302
Visalia, CA 93291
PH: 559-840-4414
EMC Planning Group Inc.

Attn: RFP Manager
601 Abrego St.

Monterey, CA 93940
PH: 831-649-1799
Alta Archaeological Consulting LLC
Attn: RFP Manager
2681 Cleveland Avenue
Santa Rosa, Ca 95403
PH: 559-476-7316
CSG Consultants
Attn: RFP Manager
3707 W Garden Grove Blvd STE
100, Orange, CA 92868
PH: 714-568-1010
Envicom Corporation
Attn: RFP Manager
4165 E. Thousand Oaks Blvd., Ste.
290, Westlake Village, CA 91362
PH: 818-879-4700
Alta Environmental
Attn: RFP Manager
3777 Long Beach Blvd., Annex Bldg.

Long Beach, CA 90807
PH: 888-608-3010
Denise Duffy & Associates, Inc.

Attn: RFP Manager
947 Cass St Suite 5,
Monterey, CA 93940
PH 831-373-4341
EPD Solutions, Inc.

Attn: RFP Manager
3333 Michelson Dr., Suite 500,
Irvine, CA 92612
PH: 949-794-1183
AMEC Environmental &
Infrastructure
Attn: RFP Manager
104 West Anapamu St., Ste. 204A
Santa Barbara, CA 93101
PH: 805-962-0992
Drake Haglan and Associates
Attn: RFP Manager 11060 White
Rock Rd. , Ste 200
Rancho Cordova, CA 95670
PH 916-363-4210
ESA
Attn: RFP Manager
626 Wilshire Blvd., Ste.1100
Los Angeles, CA 90017
PH: 213-599-4300
Applied Planning, Inc.

Attn: RFP Manager
11762 De Palma Rd., 1-C 310
Corona, CA 92883
PH: 909-937-0333
DPSI
Attn: RFP Manager
5351 Olive Dr STE 100, Bakersfield,
CA 93308
PH: 661-371-2800
FirstCarbon Solutions
Attn: RFP Manager
250 Commerce, Ste. 250
Irvine, CA 92602
PH: 714-508-4100
Ascent Environmental, Inc.

Attn: RFP Manager
455 Capitol Mall, Ste. 300
Sacramento, CA 95814
PH: 916-444-7301
Dudek
Attn: RFP Manager
38 N. Marengo Ave.

Pasadena, CA 91101
PH: 626-204-9800
Harris & Associates
Attn: RFP Manager
One California Plaza, 300 S Grand
Ave Suite 3830, Los Angeles, CA
90071
PH: 800-827-4901
Aspen Environmental Group
Attn: RFP Manager
5020 Chesebro Rd., Ste. 200
Agoura Hills, CA 91301
PH: 818-597-3407
Dyett and Bhatia
Attn: RFP Manager
4001 Howe St,
Oakland, CA 94611
PH: 415-702-8246
HDR Engineering, Inc.

Attn: RFP Manager
1917 S. 67th Street
Omaha, NE 68106
PH 402-399-1000
Benchmark Resources
Attn: RFP Manager
2515 E. Bidwell St.

Folsom, CA 95630
PH: 916-983-9193
Ecology and Environment Inc.

Attn: RFP Manager
505 Sansome St., Ste. 300
San Francisco, CA 94111
PH: 415-398-5326
ICF International
Attn: RFP Manager
49 Discovery, Ste. 250
Irvine, CA 92618
PH: 949-333-6625
Bowman
Attn: RFP Manager
3060 Saturn St. Ste. 250
Brea, Ca 9281
PH: 714-940-0100
ECORP Consulting, Inc.

Attn: RFP Manager
215 N. Fifth St.

Redlands, CA 92374
PH: 909-307-0046
Impact Brands, Inc.

Attn: RFP Manager
1023 Del Paso Blvd
Sacramento, CA 95815-3604
PH 916-549-8646
Interwest
Attn: RFP Manager
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
PH: 916-683-3340
Oliveira Environmental Consulting
Attn: RFP Manager
3155 Rose Ave
San Luis Obispo, CA 93401
PH: 805-234-7393
Sapphos Environmental Inc.

Attn: RFP Manager
430 N. Halstead St.

Pasadena, CA 91107
PH: 626-683-3547
Kimley-Horn and Associates, Inc.

Attn: RFP Manager
555 Capitol Mall, Ste. 300
Sacramento, CA 95814
PH: 916-858-5800
Padre Associates, Inc.

Attn: RFP Manager
3500 Coffee Road, Ste. B
Bakersfield, CA 93308
PH: 661-829-2686
Stantec
Attn: RFP Manager
555 Capitol Mall, Ste. 650
Sacramento, CA 95814
PH: 916-442-3230
Krazan & Associates
Attn: RFP Manager
2205 Coy Ln.

Bakersfield, CA 93307
PH: 661-837-9200
Parsons Corporation
Attn: RFP Manager
100 W. Walnut St.

Pasadena, CA 91124
PH: (626) 440-4000
SWCA Environmental Consultants
Attn: RFP Manager
320 N Halstead Ste. 120
Pasadena, CA 91107
PH: 626-240-0587
LSA Associates
Attn: RFP Manager
20 Executive Park, Ste. 200
Irvine, CA 92614
PH: (949) 553-0666
PlaceWorks
Attn: RFP Manager
3 MacArthur Pl., Ste. 1100
Santa Ana, CA 92707
PH: 714-966-9220
T&B Planning, Inc.

Attn: RFP Manager
3200 El Camino Real, Ste. 100
Irvine, Ca 92602
PH: 714-505-6360
Meridian Consultants LLC
Attn: RFP Manager
920 Hampshire Rd., Ste. A5,
Westlake Village CA 91361
PH: 805-367-5720
Power Engineers, Inc.

Attn: RFP Manager
333 City Boulevard West Ste 1700
Orange, CA 92868
PH: 714-507-2700
Tetra Tech, Inc.

Attn: RFP Manager
17885 Von Karman Ave., Ste. 500
Irvine, CA 92614
PH: 949-809-5000
Michael Baker
Attn: RFP Manager
3100 Zinfandel Dr. Ste. 125
Rancho Cordova, CA 95670
PH: 916-361-8384
Provost & Pritchard Consulting
Services
Attn: RFP Manager
1800 30th St., Ste. 280
Bakersfield, CA 93301
PH: 661-616-5900
UltraSystems, Inc.

Attn: RFP Manager
16431 Scientific Wy.

Irvine, CA 92618-7443
PH: 949-788-4988
MIG
Attn: RFP Manager
800 Hearst Ave,
Berkeley, CA 94710
PH: 510-845-7549
QK Inc.

Attn: RFP Manager
5080 California Ave., Ste. 220
Bakersfield, CA 93309
PH: 661-616-2600
Urban Planning Partners
Attn: RFP Manager
388 17th St. Ste. 230
Oakland Ca 94312
PH: 510-251-8210
Minter Harnish
Attn: RFP Manager
1415 20th St.

Sacramento, Ca 95811
PH: 916-446-0522
Raney Planning & Management,
Inc.

Attn: RFP Manager
1501 Sports Dr.

Sacramento, CA 95834
PH: 916-372-6100
WZI Inc.

Attn: RFP Manager
1717 28th St.

Bakersfield, CA 93301
PH: 661-326-1112
MRS Environmental Inc.

Attn: RFP Manager
1306 Santa Barbara St.

Santa Barbara, CA 93101
PH: 805-289-3920
RECON Environmental, Inc.

Attn: RFP Manager
3111 Camino Del Rio N Ste. 600
San Diego, CA 92108
PH: 619-308-9333
Impact Sciences
Attn: RFP Manager
811 W. 7th Street, Suite 200
Los Angeles, CA 90017
Northcutt & Associates
Attn: RFP Manager
4304 Poplar St.

Lake Isabella, CA 93240
PH: 760-379-4626
Rincon Consultants, Inc.

Attn: RFP Manager
180 N. Ashwood Ave.

Ventura, CA 93003
PH: 805-644-4455
LSA Associates
Attn: RFP Manager
3210 El Camino Real, Suite 100
Irvine, CA 92602
Yorke Engineering, LLC
Attn: RFP Manager
31726 Rancho Viejo Rd. Ste. 218
San Juan Capistrano, CA 92675
PH: 949-248-8490
Willdan
Attn: RFP Manager
13191 Crossroads Parkway North,
Ste. 405
Industry, CA 91746
PH: 626-831-1133
Helix Environmental Planning
Attn: RFP Manager
1180 Iron Point Road, Ste 130
Folsom, CA 95630
PH: 916-435-1205
M-Group
Attn: RFP Manager
499 Humboldt Street
Santa Rosa, CA 95404
PH: 707-540-0723
Professional Services Agreement
AGREEMENT NO. ___________________