-- Page 1 of 3 Pages --
AGREEMENT NO. 2021-032 (6)
AMENDMENT NO. 6 TO
AGREEMENT NO. 2021-032
This AMENDMENT NO. 6 TO AGREEMENT NO. 2021-032 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and TELSTAR INSTRUMENTS , a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on February 17, 2021, CITY and CONTRACTOR entered into Agreement No. 2021 -032 in the amount of Two Hundred Thousand Dollars ($200,000) to provide electrician services; and
WHEREAS, on September 15, 2021, CITY and CONTRACTOR amended Agreement No. 2021-032 to increase compensation by One Hundred Twenty thousand Dollars ($120,000) for a total compensation not to exceed Three Hundred Twenty Thousand Dollars ($320,000); and
WHEREAS, on February 2, 2022, CITY and CONTRACTOR amended Agreement No. 2021-032 to extend the term to February 17, 2023, and increased compensation by Two Hundred Thousand Dollars ($200,000) for a total compensation not to exceed Five Hundred Twenty Thousand Dollars ($520,000); and
WHEREAS, on February 8, 2023, CITY and CONTRACTOR amended Agreement No. 2021 -032 to extend the term of this Agreement to February 17, 2024 and increase compensation by Two Hundred Thousand Dollars ($200,000) for a total compensation not to exceed Seven Hundred Twenty Thousand Dollars ($720,000); and
WHEREAS, on November 29, 2023, CITY and CONTRACTOR amended Agreement No. 2021-032 to increase compensation by One Hundred Twenty-Five Thousand Dollars ($125,000) for a total compensation not to exceed Eight Hundred Forty -Five Thousand Dollars ($845,000) to continue the electrician services; and
WHEREAS, on February 28, 2024, CITY and CONTRACTOR amended Agreement No. 2021 -032 to extend the term of this Agreement to February 17, 2025 and increase compensation by Two Hundred Thousand Dollars ($200,000) for Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 -- Page 2 of 3 Pages --
a total compensation not to exceed One Million Forty -Five Thousand Dollars ($1,045,000) to continue the electrician services; and
WHEREAS, the parties desire to amend the terms of Agreement No. 2021 - 032 to extended the term of this Agreement to February 17, 2026 and increase compensation by Two Hundred Thousand Dollars ($200,000) for a total compensation not to exceed One Million Two Hundred Forty -Five Thousand Dollars ($1,245,000) to continue the electrician services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2021-032 entitled “COMPENSATION” is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed ONE MILLION TWO HUNDRED FORTY -FIVE THOUSAND
DOLLARS ($1,245,000) which shall be paid as shown in Exhibit A attached hereto and incorporated reference herein.
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 the CITY
compensate CONTRACTOR more than One Million Two Hundred Forty-Five Thousand Dollars ($1, 245,000) for performing the Scope of Work.
2. Section 3 of Agreement No. 2021-032 entitled “ TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on February 17, 2026.
3. Except as amended herein, all provisions of Agreement No. 2021-032 shall remain in full force and effect.
[Additional Signatures on Following Page]
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 -- Page 3 of 3 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to Agreement No. 2021-032 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD TELSTAR INSTRUMENTS
By: ____________________________ By: ________________________________
KAREN GOH
Mayor Print Name: ________________________
Title: ___________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By: ____________________________
ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ____________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: ____________
COUNTERSIGNED:
By: ____________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A
S:\Public Works\Agrs\24-25\TelstarInstruments2021-032(6).Docx Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 Kyle A. Johnsen
Vice President
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
January 7, 2025
City of Bakersfield
Solid Waste Division
4101 Truxtun Ave
Bakersfield, CA 93309
Sent via Email: [email protected]
Attn: Breanne Banks
Subject: City of Bakersfield / 2025-2026 Time and Materials Rate Sheet Reference: SR No. 20-44096
Dear Breanne,
Telstar Instruments (“Telstar”) is pleased to provide Time and Materials Rates for the referenced project to the above identified purchaser (“Customer”).
By accepting this proposal from Telstar you agree to treat this as confidential information.
TIME AND MATERIALS RATES
Field Service / Construction Straight-Time Over-Time Double-Time Journeyman Service Electrical Technician $132.61 $198.92 $265.23 Instrument Technician $143.22 $214.83 $286.44
Lineman $132.61 $198.92 $265.23
Foreman $143.22 $214.83 $286.44
Foreman – Lineman $153.83 $230.75 $307.66
General Foreman $153.83 $230.75 $307.66
Service Manager $184.60 $276.89 $369.19
Laborer $100.79 $151.18 $201.57
Controls Technician $143.22 $214.83 $286.44
Apprentice $111.39 $167.09 $222.79
Communication Systems Technician $143.22 $214.83 $286.44 Description Rates Per Hour/Day Characteristics
Electrical Service Truck (per Day) $196.27 Per Day Service Automobile/Pick-up Truck (per Day) $164.44 Per Day Service Line Truck Cost +15% Per Day Service Rental
Bucket Truck Cost +15% Per Day Service Rental
Crane Cost +15% Per Day Service Rental
Exhibit A
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
Contractor License #422364
Contractor DIR #1000000899
Description Rates Per Hour/Day Characteristics
Delivery Truck w/ Lift Gate Cost +15% Per Day Service Rental Pole Dolly Cost +15% Per Day Service Rental
Trencher Cost +15% Per Day Service Rental
Man Lift Cost +15% Per Day Service Rental
Trailer (per Day) $185.40 - $257.50 Per Day Service
Recording Amp-Volt Meter Cost +20% Per Day Service Rental Roto Hammer (per Day) $21.22 Per Day Service
Calibration Equipment (per Day) $100.79 Per Day Service Conduit Threading Machine (per Day) $143.22 Per Day Service
*Fuel Surcharge (Standard) .....................................................................................................................40% *Fuel Surcharge (if fuel prices exceed $5.00/gallon)...............................................................................50% *Fuel Surcharge (if fuel prices exceed $6.00/gallon)...............................................................................60% Mileage .................................................................................................................Per standard milage rates Travel Expenses .................................................................................................Per standard per diem rates Materials Markup..........................................................................................................................Cost +20%
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Time and materials rates are valid through 2/28/26
d. Technician billable time starts from point of origin and continues to time of return to Telstar office or point of origin. Travel time is billed as straight time. e. Overtime rate is applied for hours worked in excess of 8 up to and including 12 hours Monday– Friday during normal business hours of 7 am to 5 pm. Overtime is applied for hours worked up to and including 12 hours on Saturday and up to and including 8 hours on Sunday. Double-time rate is applied for hours worked in excess of 12 hours Monday-Saturday and for hours worked in excess of 8 hours on Sunday. Overtime rate will be billed at 1.5 times base rate and double-time will be billed at 2 times base rate.
f. On-site service calls carry a 4-hour minimum per person; time over 4 hours is charged as 8 hours. The minimum charge for remote support is 2 hours. g. Telstar is available 24 hours per day, 7 days a week to provide remote and on-site service. On- site emergency calls carry a 4-hour minimum.
h. A flat rate emergency fee is charged for all unscheduled work. i. A fee of 2% will be applied to all invoices paid by credit card.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
Contractor License #422364
Contractor DIR #1000000899
TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation. Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18 -3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year parts only w arranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Overtime and premium labor ho urs are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4-hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, operation an d maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.
Limitation of Liability : (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of pr ofits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, mem bers employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty -five percent (25%) of the purchase price allocable to the Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages , offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.
Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pancemics, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inab ility to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
Contractor License #422364
Contractor DIR #1000000899
Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.
Entire Agreement : This Agreement constitutes the entire agreement between Telstar and Customer.
There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar.
No oral or implied agreements shall be of any force or affect.
Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.
Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.
Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll Reports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.
Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S.
Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.
Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily.
Our vendors and manufacturers can experience delays due to labor shortages, shor tage of containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.
Insurance: Telstar’s standard insurance limits will apply.
Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.
Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.
Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the r emaining portions of this Purchase Order shall remain in full force and effect.
Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such mediation equally. If the parties are unsuccessful in resolving Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
Contractor License #422364
Contractor DIR #1000000899
their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204
We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.
Sincerely,
Konor Meeks
Hanford Branch Manager
Telstar Instruments
(559)584-7116
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
1/13/2025
License # 075777620478Telstar Instruments4017 Vista Park CourtSacramento, CA 958342042735289151052544531127 A 1,000,000XX70641979932/17/20248/31/2025500,000Owner’s & Contractor15,0001,000,0002,000,0002,000,0001,000,000B XX70641771452/17/20248/31/20258,000,000C 40200506632/17/20248/31/20258,000,0000D X4503-03241/1/20251/1/20261,000,0001,000,0001,000,000EPollution / EnvironmICELLUW001582522/17/2024Aggregate $2,000,0002,000,000FProfessional LiabiliCEO 70641162022/17/20248/31/2025Aggregate $2,000,0002,000,000CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED.ANY ENDORSEMENTS ATTACHED AND/OR DESCRIBED HEREIN APPLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS; SUBJECT TO STATUTE AND POLICY PROVISIONS.Endorsements attached: SB146968, G2037 0704, CNA75079XX 1016, CNA 74987 XX115, CNA75008, CNA71527, WC 0456 000113 XWC City of BakersfieldOffice of Risk Management1600 Truxton Ave.Bakersfield, CA 93301 TELSINS-01MHEATH
HUB International Insurance Services Inc.548 W Cromwell AvenueSuite 101Fresno, CA 93711Shelly [email protected] Fire Insurance Company of HartfordAmerican Casualty Co of Reading PAThe Continental Insurance CompanySafety National Casualty CorporationIronshore Specialty CompanyColumbia Casualty Company X8/31/2025
X XXXXXXX XXXXX
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 SB146968C
(Ed. 10-19)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be:
1. Crrently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury," " property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products-completed operations hazard," and only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," " property damage" or "personal and advertising injury" arising out of an architect's,engineer's, or surveyor's rendering of or failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
4. The insurance provided to the additional insured does not apply to "bodily injury," " property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
SB146968C (Ed. 10-19) Page 1o f3
Copyright, CNA All Rights Reserved.
Policy# 7064197993
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 SB146968C
(Ed. 10-19)
C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit"i f any other insurer has a duty to defend the additional insured against that "suit"I f no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
E. Additional Insured – Extended Coverage
When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the followingnatural persons insureds:
If the additional insured is:
1. An individual,then his or her spouse is an insured;
2. A partnership or joint venture, then its partners, members and their spouses are insureds;
3. A limited liabilitycompany, then its members and managers are insureds;
4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or
5. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of:
(1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1. through 4. above;
SB146968C (Ed. 10-19) Page 2o f3
Copyright, CNA All Rights Reserved.
00020002450854022242599
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 SB146968C
(Ed. 10-19)
(2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services.
F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged.
SB146968C (Ed. 10-19) Page 3o f3
Copyright, CNA All Rights Reserved.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
POLICY NUMBER: 7064197993
CG 20 37 07 04Copyright, ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s): City of Bakersfield, Office of Risk Management, 1600 Truxtun Ave. Bakersfield, Ca. 93301
93301
1600 TRUXTUN AVE
Bakersfield
, CA
93301
Location(s) Of Covered Operations
Section II – Who Is An Insured is amended to include
as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement
performed for that additional insured and included in the "products-completed operations hazard."
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16) Policy No: 7064197993
Effective Date: 2/17/2024
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:
1.the written contract requires you to provide the additional insured such coverage; and
2.this coverage part provides such coverage.
II.But if the written contract requires:
A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B.additional insured coverage with "arising out of" language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract.
IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
Primary and Noncontributory Insurance
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16) Policy No: 7064197993
Effective Date: 2/17/2024
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1.primary and non-contributing with other insurance available to the additional insured; or
2.primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.
However, if the written contract requires this insurance to be primary and non-contributory, this paragraph
3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to:
1.the bodily injury or property damage; or
2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57
CNA PARAMOUNT
Primaryand Noncontributory- Other Insurance
ConditionEndorsement
This endorsementmodifiesinsuranceprovidedunderthe following:
COMMERCIALGENERALLIABILITYCOVERAGEPART
PRODUCTS/COMPLETEDOPERATIONSLIABILITYCOVERAGEPART
It is understoodand agreedthat theconditionentitledOther Insuranceis amendedto add thefollowing:
PrimaryAnd NoncontributoryInsurance
Notwithstandinganything to the contrary, this insurance is primary to and will not seek contributionfrom any other insuranceavailableto an additionalinsuredunderthis policy providedthat:
a. the additionalinsuredis a namedinsuredundersuch other insurance;and b. the Named Insured has agreed in writing in a contract or agreementthat this insurance would be primary and would not seek contributionfrom any other insuranceavailableto theadditionalinsured.
All other termsand conditionsof thePolicyremainunchanged.
This endorsement,which formsa part of andis for attachmentto thePolicyissuedby the designatedInsurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expiresconcurrentlywith said Policy.
CNA74987XX (1-15)
Insured Name: TELSTAR INSTRUMENTS
CopyrightCNA All Rights Reserved. Includes copyrightedmaterialof Insurance ServicesOffice, Inc., with its permission. 50020009370641979930844
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
CNA75008XX (10-16) Policy No: 7064197993
Effective Date: 2/17/2024
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement:
1. Is in effect or becomes effective during the term
of this policy; and
2. Was executed prior to loss.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:
With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 CNA71527XX
(Ed. 10/12)
CNA71527XX (10/12) Policy No: 7064177145
Effective Date: 2/17/2024
Insured Name:
Copyright CNA All Rights Reserved.
ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
“Any person or organization that you are required by written contract to make an additional insured under this insurance is an "insured", but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an "insured" for Liability Coverage under Section II – Who Is An Insured of this Coverage Form.”
1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 0456 00 0113 (XWC)
ENDORSEMENT
BLANKET WAIVER OF SUBROGATION
Effective 12:01 A.M., Local Time, January 01, 2025
In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that the Recovery From Others section of this Agreement is amended to include the following additional language:
The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION.
All other terms, conditions, agreements and stipulations remain unchanged.
Attached to and forming a part of Excess Workers’ Compensation and Employers’ Liability Insurance Agreement No. SP 4067949, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to CALIFORNIA CONTRACTORS NETWORK, INC., ET AL, dated January 01, 2025. Endorsement No. 0456 00 0113 (XWC)
SAFETY NATIONAL CASUALTY CORPORATION
President
Secretary
Docusign Envelope ID: 12728033-CDA4-45A5-8C47-A036E8193C57 Certificate Of Completion
Envelope Id: 12728033-CDA4-45A5-8C47-A036E8193C57
Status: Completed
Subject: Complete with Docusign: Telstar Instruments 2021-032 (6).pdf Source Envelope:
Document Pages: 19
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 0
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
1/16/2025 9:28:50 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: DocuSign
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Timestamp
Kyle A. Johnsen
[email protected]
Vice President
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.146.19.90
Sent: 1/16/2025 11:52:49 AM
Viewed: 1/16/2025 11:57:25 AM
Signed: 1/16/2025 12:00:07 PM
Electronic Record and Signature Disclosure:
Accepted: 1/16/2025 11:57:25 AM
ID: d9de8b67-e8b8-44e2-822e-4f23a5e05988
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Mickie Gardiner
[email protected]
Vice President
Security Level: Email, Account Authentication
(None)
Sent: 1/16/2025 11:52:50 AM
Viewed: 1/16/2025 11:58:01 AM
Electronic Record and Signature Disclosure:
Accepted: 1/16/2025 9:34:24 AM
ID: e4fcb311-aa38-4852-a20b-466571a16ee6
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Electronic Record and Signature Disclosure
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From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Kyle A. Johnsen, Mickie Gardiner
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Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.