Docusign Envelope ID: 5DOgBF75- AD81- 43D6- B317- DB255AAB8B62 AGREEMENT NO.
20 24- 269
APPLICANT/ REIMBURSEMENT AGREEMENT
THIS APPLICANT/ REIMBURSEMENT AGREEMENT is made and entered into on 4 by and between the CITY OF BAKERSFIELD, a municipal
corporation (" CITY" herein), and COFFEE ROAD VENTURES, LLC, a California Limited Liability Corporation (" APPLICANT" herein).
RECITALS
WHEREAS, APPLICANT has filed an application with the CITY for a General Plan Amendment No. 23- 0001 and Site Plan Review No. 22- 0223, ( the " Project" herein); and
WHEREAS, said Project is described as a General Plan Amendment ("GPA") and Site Plan Review (" SPR") to develop a 422, 192 square -foot commercial retail development on a 45. 42 acre parcel;
WHEREAS, it has been determined that the preparation of an Environmental Impact Report (" EIR") is required for the Project; and WHEREAS, it is CITY' S responsibility to prepare or cause the EIR to be prepared; and
WHEREAS, CITY intends to contract with a Consultant 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 Consultant' s costs and City staff costs; and
WHEREAS, APPLICANT desires CITY to contract with a consultant 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, CITY AND APPLICANT MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF WORK. CITY shall hire a consultant 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 Consultant and City staff includes all S:\ 03_ Advance Planning\ 01Gpas\ 01_ Active\ 2023\ 23- 0001_ 2401 Coffee Rd and Rosedale -Commercial Center\ O8_ Consultant Management\ Contracts\ City Attorney\ Applicant- Reimbursement Agmt. Coffee Road Ventures. docx
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Docusign Envelope ID: 5D09BF75- AD81- 43D6- B317- DB255AAB8B62 actions necessary to complete the task the Consultant has been hired to perform, whether specifically included in the scope of work or not. The work program for the Consultant is attached hereto and incorporated herein as Exhibit " A".
2. COMPENSATION. APPLICANT shall reimburse CITY for all costs related to the preparation and certification of the EIR by Consultant and CITY staff as follows:
2. 1. Consultant' s cost for preparation of the EIR is $ 252, 365. 00.
2.2. CITY' s cost associated with preparation of the EIR is estimated to be 50,473.00.
The initial amount of $302, 838. 00 ( Consultant and CITY Cost) which constitutes a total of the estimated costs of services to be performed by Consultant and CITY staff, shall be paid prior to City Council approving this Agreement. Applicant shall also pay any additional funds requested by CITY to pay costs associated with preparation of the EIR. Said additional payments shall be due and payable within 5 business days of CITY' s notification to APPLICANT.
3. 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
4. 2. Biological Resources Study
4. 3. Archaeological Evaluation/ Study ( with Paleontology component)
4. 4. Phase I Environmental Site Assessment
4. 5. Traffic Impact Study
4. 6. Water Supply Assessment
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Docusign Envelope ID: 5D09BF75-AD81- 43D6-B317- DB255AAB8B62
4. 7. Water Will -Serve or Availability Letter
4. 8. Noise Study
4. 9. Urban Decay Analysis
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 his 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 consultants 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 Consultant.
Any unexpended funds as of the date of termination shall be returned to APPLICANT.
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.
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Docusign Envelope ID: 5D09BF75- AD81- 43D6- B317- DB255AAB8B62
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
Phil Burns
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
661) 326- 3733
APPLICANT: Coffee Road Ventures, LLC
7777 Edinger Avenue, Suite 115
Huntington Beach, CA 92647
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.
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ORIGINF L'::'
Docusign Envelope ID: 5D09BF75-AD81- 43D6-B317- DB255AAB8B62
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 BAKE FIELD COFFEE ROAD VENTURES, LLC
By:
Karen
4 K. Goh
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
CityLrneyn
By:
VIRIDIANA GALLARDO- KING
Deputy City Attorney
DocuSigned by:
By. FnfMfifiRAd F7d n
Robert Miller
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Docusign Envelope ID: 5D09BF75- AD81- 43D6- B317- DB255AAB8B62 APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By: PSigned
by:
U bAus
PHIL BURNS
Development Services Director
COUNTERSIGNED:
By: %-/
RANDY McKEEGA
Finance Director
Attachment: Exhibit A - Scope of Work
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Project Understanding
Kimley- Horn understands that Coffee Road Ventures, LLC ( applicant) is proposing a GPA and SPR to develop a commercial retail development project that would encompass approximately 422, 192 square feet of total building space. The project site consists of one
45. 85- acre parcel that is L- shaped fronting Rosedale Highway and Coffee Road. The project entails 359, 818 square feet of retail space, 25, 161 square feet of restaurants with drive- thru lanes, a 4, 125 square feet express car wash, a 4, 000 square - foot financial institution, a 4, 088 square -foot gas station with convenience store, and a 25, 000 square -foot health club. The project will also include a privately maintained 5, 990 square -foot community park that will include an amphitheater, a playground, a water fountain feature, and a visitor center.
The project site was previously developed as a Pacific Gas & Electric Company ( PG& E) power plant that has undergone demolition and remediation under the oversight of the Central Valley Regional Water Quality Control Board.
Scope of Work
Kimley-Horn will work closely with the City Planning Division to prepare an EIR and oversee QC/ QA as well as technical peer reviews of the studies provided by the project applicant, confirming they apply the correct methodologies and meet the requirements of CEQA.
A key aspect of our approach to providing and high -quality work products in a timely and cost- efficient manner is our emphasis on close team collaboration. This includes weekly or bi- weekly team conference calls with the City Planning Division to make certain the work is proceeding smoothly and any issues that arise can be effectively resolved without a delay in the project schedule. Project manager Jessie Barkley will remain responsive and available to City Planning Division staff throughout the project's duration and will emphasize the identification of problems early to frame the analysis in later stages of the project. We aim to propose innovative solutions for any identified issues —another key component in our collaboration with the City.
Kimley- Horn will provide the services specifically set forth below.
Task 1: Kick -Off Meeting and Background Review
Immediately after Kimley- Horn receives authorization to proceed, we will initiate the project by scheduling a virtual kick- off meeting with the City Planning Division. Kimley- Horn will prepare an agenda and a data needs list to discuss informational needs and will discuss a proposed schedule. Kimley- Horn will facilitate a discussion of the project objectives and any other information needed in order to develop a project description and alternatives.
As part of this task, Kimley-Horn will review all available and relevant data and information provided to us by the City Planning Division to fully understand the project and enable the preparation of a comprehensive project description, notice of preparation ( NOP) and draft EIR DEIR). Following the meeting, Kimley- Horn will provide the City Planning Division with a kick- off meeting memorandum that includes meeting notes; a matrix to track action items, responsible parties, and due dates; and a project schedule.
Deliverables:
1. Kick- off meeting memorandum in electronic format
2. Information needs list in electronic format, if needed
3. Full project schedule organized by task/ milestone in electronic format Task 2: Notice of Preparation and Circulation
Kimley-Horn, in collaboration with the City Planning Division, will write and prepare a draft and final NOP for public distribution, including a project description, list of probable environmental effects, and all other required components as outlined by CEQA. This scope of work excludes the preparation of an IS for the NOP. Kimley- Horn will submit final NOP and notice of completion ( NOC) to the State Clearinghouse ( SCH). Kimley- Horn will also distribute 50 or more hard copies or electronic copies ( with a cover letter) to agencies and interested parties ( as identified on a mailing list provided by City Planning Division) via overnight carrier or certified US Mail. Kimley- Horn will prepare two 3- ring binder hard copies for the City and one master CD or USB that includes PDF and Word versions of the final NOP, E A, KEU^ City of Bakersfield I EVCALAD001116. 2024 8 Kimley>>>Hbrn
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ridllllllly ulvibluII, WIIIUI WC Will CIRV IU Lu PIUVIUt QJJIJIC%l II. t IV hilly FIQIIIIIIHY LAVIJIVII OICLiI. 1 vuuwuiy Lilt VRY J MUCIFA ul FILiUIR. U lllIllGIIW on the NOR we will review the comments received and coordinate with the City Planning Division on the appropriate approach to responding to comments through the DEIR.
Deliverables:
1. Final NOP and NOC to SCH
2. 50 or more hard copies or electronic copies of the final NOP to Planning Division - provided mailing list
3. Two 3- ring binder hard copies 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 final NOP, set of NOP figures, and PDF of all documents cited in final NOP Task 3: Expanded Project Description Preparation
Project Site Visit
Kimley- Horn will conduct field reconnaissance of the project site and surrounding area and will document the existing conditions with photos and environmental inventories. To save on project budget, we will schedule the visit to the project site on the same day as the scoping meeting.
Draft Expanded Project Description
Kimley- Horn will prepare an expanded project description that will be gleaned from the background information, research, the project site visit, and the technical studies provided by the City Planning Division and the project applicant. The project description will include a detailed narrative of the project components, accompanied by graphics and maps to highlight the project location, surrounding land uses, project objectives, current land -use designations and zoning classifications, and project elements. The project description will form the basis for analysis within the EIR. Kimley- Horn assumes one round of review of the administrative draft project description by the Planning Division.
Deliverables:
1. Administrative draft project description in Word format
2. Draft project description in Word format.
Task 4: Applicant -Prepared Technical Report Peer Review The peer review of technical studies will focus on the appropriateness/ thoroughness of the methodology and analysis, whether the analysis' conclusions are supported by factual/ credible evidence, and whether the analysis meets the applicable provisions of CEQA and the state CEQA guidelines. For each peer review, Kimley- Horn will:
Conduct one round of peer review
Review the analyses, including all modeling data and assumptions Evaluate the adequacy of the methods used to conduct the various parts of the study concerning professional standards, regulatory standards, and state CEQA guidelines
Evaluate the consultant' s recommendations and conclusions based on state CEQA guidelines and other state and federal laws as applicable
Prepare a technical report sufficiency memorandum to present peer review findings and make recommendations Additional peer review cycles and meeting attendance are excluded.
Kimley- Horn assumes the following technical reports will be peer reviewed:
1. Air Quality/ Climate Change Analysis/ Health Risk Assessment ( third -party peer review already completed)
2. Biological Resources Study
3. Archaeological/ Cultural Resources Study
City of Bakersfield I EVCALAD001116. 2024 Kimley>Mord
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Traffic Impact Study ( including VMT analysis)
Water Will -Serve or Availability Letter
6. Water Supply and Demand Report
7. Phase I Environmental Site Assessment ( at a minimum)
8. Urban Decay
9. Acoustical Analysis
Additionally, we assume that the project applicant will provide a Hydrology/ Water Quality analysis and a GeotechnicallSoils Report. This scope assumes any project visual simulations will be prepared by the applicant.
Deliverables:
1. Technical report sufficiency memoranda in PDF format Task 5: Administrative Draft EIR Preparation
The administrative DEIR will include all statutory sections required by CEQA and in accordance with City guidelines. The DEIR will include an executive summary, project description, environmental setting, and environmental impact analysis for each issue to be addressed, including mitigation measures and an analysis of cumulative effects. The administrative DEIR will also address alternatives, areas of controversy, effects found not to be significant, growth inducement, significant irreversible environmental effects, significant and unavoidable environmental effects, references, acronyms, and organizations and persons consulted. Kimley- Horn assumes that up to three alternatives, including a no -project alternative and two build alternatives, will be addressed in the administrative DEIR.
The administrative DEIR will include maps, graphics, tables, and charts necessary to clearly depict the location and nature of any environmental constraints and potentially significant impacts identified in the administrative DEIR.
The analysis will be based upon standard methodologies and techniques and focus on the net changes anticipated at the project site. The text will clearly link measures to impacts and indicate their effectiveness ( e. g., ability to reduce an impact to a less -than -significant level), identify the responsible agency or party, and distinguish between mitigation measures, project features, and existing regulatory requirements. The impact discussion will numerically identify each impact with each significant impact followed by appropriate mitigation measures. Whenever possible, equally effective alternative mitigation measures will be proposed for potential impacts identified in each environmental issue area shown in the City Initial Study Environmental Analysis checklist for which a potentially significant impact may occur. Kimley- Horn will also prepare an administrative draft Mitigation Monitoring and Reporting Program ( MMRP).
The following environmental issue areas will be addressed in the EIR unless the City Planning Division scopes any issues out of further analysis through the NOP and scoping process:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
GHG Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Deliverables:
1. Round 1 administrative DEIR in Word format
2. Round 2 administrative DEIR in Word format
Land Use and Planning Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
City of Bakersfield I EVCALAD001116. 2024 10 Kimley>>>HoM_
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Kimley- Horn will incorporate two rounds of review of City Planning Division comments on the administrative DER and will prepare a DEIR.
The revisions on the administrative DER will be provided in redlines, based on comments provided by the City Planning Division. If extensive revisions are requested, which could occur if the project description is changed substantively or the City has requests that would necessitate extensive revisions to the EIR document, our cost estimate for this task may need to be adjusted accordingly.
Deliverables:
1. Screencheck DER in PDF format
Task 7: Draft EIR and Technical Appendices Circulation
Once the screencheck DER has been approved by the City, Kimley- Horn will prepare, print, and distribute the DEIR. Kimley- Horn will submit the DER and the NOC to the SCH and will also print and distribute 50 or more hard copies or electronic copies of the DER with appendices to agencies or persons on a mailing list provided by the City.
Kimley- Horn will also provide five comb - bound hybrid copies ( hardcopy of the DER with an USB flash/ thumb drive of all appendices attached) for the Planning Commission and City staff. In addition, Kimley- Horn will provide two full hardcopies of the DER, including tabbed technical appendices in three- ring binders for Planning Division use. Kimley- Horn will also provide the Planning Division with one USB flash/ thumb drive that includes PDF and Word versions of DER and a set of DER figures. Kimley- Horn will deliver all copies of the NOP via overnight carrier (for time -sensitive deliveries) or certified US Mail.
During the 45- day review period, written public comment will be directed to the City. Kimley- Horn will request that the City forward copies of the comment letters as they are received.
Deliverables:
1. DER and NOC to SCH per most recent electronic submission criteria
2. 50 or more hard copies or electronic copies of notice of availability ( NOA) for DER with appendices to Planning Division - provided mailing list
3. Five comb -bound hybrid copies DER (hardcopy of the Volume 1 of the DER with an USB flash/ thumb drive of all volumes of the DER attached) for internal City distribution
4. Two tabbed, 3- ring binder hard copies DER for Planning Division use
5. One USB flash/ thumb drive that includes PDF and Word versions of DER and a set of DER figures Task 8: Draft and Screencheck Final EIR and Technical Appendices Preparation and Circulation
Following the 45- day public review of the DER, Kimley- Horn will evaluate and annotate the comments received. Our team will prepare draft responses to comments for comment letters received during the public review period. Because we have no way to predict how many comment letters will be received, nor the length or magnitude of those letters, we have assumed up to 70 hours for the technical staff to respond to up to 20 comment letters. We may need to revisit the level of effort once the comments are received and evaluated.
Each comment will be numerically identified with a reference number and responses to the comments must be keyed to the comment reference number. Any changes to the text or graphics of the DER, either in response to comments or at the initiation of the City, will be provided in a separate section or appendix in the final EIR ( FEIR) document with the amended text noted.
One revision cycle of the FEIR is budgeted for this task. Once the screencheck FEIR has been approved, Kimley- Horn will print and distribute the FEIR at least three weeks ( 21 days) prior to the Planning Commission hearing on the project. It is assumed that the City will be responsible for any on -site notices and legal notices in the paper for hearings. Kimley- Horn will deliver all copies of the FEIR via overnight carrier ( for time -sensitive deliveries) or certified US Mail. Kimley- Horn will prepare a final MMRP concurrently with the FEIR. The MMRP will include, but is not limited to, the following:
City of Bakersfield I EVCALAD001116. 2024 11 Kimley )MO ` rn r
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Project time period to which the measure applies ( e.g., during construction, prior to obtaining grading permit, prior to operation, etc.)
2. Future review and reporting requirements
3. Responsible party for cost of mitigation
4. Responsible party for implementing and enforcing mitigation
5. Requirements for monitoring by outside agency
6. Monitoring and reporting frequency
Deliverables:
1. Draft FEIR in Word format
2. Screencheck FEIR in PDF format
3. 50 or more hard copies or electronic copies of FEIR to a Planning Division -provided mailing list, including all necessary copies for the Planning Division and Planning Commission
Task 9: Draft Findings of Fact and Statement of Overriding Considerations Preparation Kimley- Horn will prepare a draft Findings of Fact and, if necessary, Statement of Overriding Considerations in accordance with Sections 15091 and 15093 of the CEQA Guidelines for the City' s use. We assume one round of review of the draft documents by Planning Division.
Deliverables:
1. Draft Findings of Fact and Statement of Overriding Considerations in Word format
2. Updated draft Findings of Fact and Statement of Overriding Considerations in Word format Task 10: Hearing Attendance
Kimley- Horn will be available to support the City at public hearings related to the project. For costing purposes, we assume up to two team members —including project manager Jessie Barkley and principal -in -charge Alex Jewell, AICP, LEED AP —will attend one public hearing before the Planning Commission and one public hearing with City Council ( two in total). This scope assumes a total of 10 hours per person/ per hearing for this task, which includes meeting attendance, travel and meeting preparation. If the project is approved and the EIR is certified, we understand that the City will prepare the notice of determination ( NOD) and file the NOD with the County Clerk. KimleyHorn will post the NOD to the SCH. It is assumed that the applicant will provide the associated California Department of Fish and Wildlife fee to Kimley- Horn prior to filing.
Task 11: Administrative Record Preparation
Kimley- Horn 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 ( research, technical studies, comments received, scoping meeting materials, etc.).
Deliverables:
1. Administrative Record in PDF format
Task 12: Project Management and Coordination
Project manager Jessie Barkley will be responsible for overall project management and supervision of the Kimley- Horn team. Jessie will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements, guidelines, and City CEQA procedures. As appropriate, Kimley- Horn will coordinate with state and local agencies regarding this environmental document.
Jessie will coordinate with technical staff, consultants, support staff, and word processing toward the timely completion of the EIR. It is the goal of Kimley- Horn to serve as an extension of City staff throughout the duration of the EIR process.
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1 Task 1: Kick -Off Meeting and Background Review
1 1
1 1
Project Initiation Meeting, Informational List, and Schedule Task 2: Prepare Notice of Preparation and Circulation
Prepare Draft NOP
City Review Draft NOP
Prepare and Circulate Final NOP
30 Day Public Review
Scoping Meeting
Task 3 Expanded Project Description Preparation
Project Site Visit
Prepare Expanded Project Description
City Review Expanded Project Description
Finalize Project Description
Task 4 Applicant - Prepared Technical Report Peer Review Peer Review of Technical Studies
Authors/ Consultants Revise Technical Studies
Task 5: Administrative Draft EIR Preparation
KH Prepare Admin Draft EIR
City Review of Admin Draft FIR T
KH Revise Admin Draft EIR
City Review Second Round Admin Draft EIR
Task 6: Screencheck DEIR Preparation
Prepare Screencheck EIR
Task 7: Draft EIR and Technical Appendices Circulation
45- Day Public Review Period
Task 8 Draft and Screencheck Final EIR and Technical Appendices Prepare FEIR including Responses to Comments
City Review of Screencheck FEIR
MMRP
Prepare and Circulate FEIR Document
Task 9: Draft Findings of Fact and Statement of Overriding Considers Task 10: Hearing Attendance
Task 11: Administration Record Preparation
Task 12: Project Management and Coordination
City of Bakersfield I EVCALAD001116, 2024 13 Kimley o Horn DocuSignCertificate Of Completion
Envelope Id: 5DO9BF75AD8143D6B317DB255AAB8B62 Status: Completed Subject: Complete with Docusign: Applicant - Reimbursement Agmt- Coffee Rd Ventures_ final2_ combined. pdf Source Envelope:
Document Pages: 12 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk' s Office
AutoNav: Enabled city_ clerk@bakersfieldcity. us
Envelopeld Stamping: Enabled IP Address: 174. 46. 226. 5 Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original Holder: City Clerk' s Office Location: DocuSign 10/ 8/ 2024 10: 58: 45 AM city_ clerk@bakersfieldcity. us Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Signer Events Signature Timestamp
RobertMillerSent: by: 10/ 8/ 2024 11: 01: 06 AM
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Electronic Record and Signature Disclosure:
Accepted: 10/8/ 2024 4: 37: 20 PM
ID: 174a5319-cb91- 476a- aba3-7bef2afb6346
Phil Burns y Sent: 10/ 9/ 2024 12: 43: 06 PM
pburns@bakersfieldcity. us
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Accepted: 10/9/ 2024 2: 04: 08 PM
ID: ccb5d5c5- a57d- 4496- 8638- a19450eec105
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Electronic Record and Signature Disclosure created on: 6/ 28/ 2022 10: 51: 05 AM Parties agreed to: Robert Miller, Phil Burns
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0. 00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bakersfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https: Hsupport. docusi n com/ guides/ signer- idesigning- system- requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and ( i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to ` I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.
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