Contractor Agreement-Kimley-Horn_.pdf — Bakersfield City Council, November 19, 2025

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 of 10 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 KIMLEY- HORN AND ASSOCIATES, INC. a North Carolina Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, Tortuga Bay Waterpark, LLC. , has applied for a General Plan Amendment and concurrent Zone Change No. 24 -0377(referred to as herein as “PROJECT”), to change the land use entitlements on approximately 152 acres in order to allow development of the PROJECT located on the southeast corner of Hageman Road and Mohawk Street intersection; and

WHEREAS, the CITY conducted an initial study for th e PROJECT and it was determined that preparation of an Environmental Impact Report is required to adequately analyze the potential impacts of to the existing environment.

WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of environmental compliance and processing per the California Environmental Quality Act (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 “A” (“Scope of Work”). The Scope of Work shown in Exhibit “A” 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 of 10 Updated – October 2025

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”.

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 EIGHTY THREE THOUSAND SIX HUNDRED THIRTY SEVEN DOLLARS ( $183,637) 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 t his 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.

Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 of 10 Updated – October 2025

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 per formance 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 of 10 Updated – October 2025

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, 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.

16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 of 10 Updated – October 2025

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.

Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 of 10 Updated – October 2025

16.2.3 The insurance required above, e xcept 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 appro ved 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 of 10 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.

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 reco very 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 represent s and warrant s 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 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 of 10 Updated – October 2025

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 refere nce 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
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 of 10 Updated – October 2025

CONTRACTOR: KIMLEY-HORN AND ASSOCIATES, INC.
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017

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 56-0885615
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 KIMLEY-HORN AND ASSOCIATES, INC.

By:________________________________ By:_________________________________ KAREN GOH MATTHEW D. WEIR, P.E.

Mayor Senior Vice President

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
S:\Planning\Agrs\25-26\Kimley-Horn.Docx

Attachments: Exhibit A – Scope of Work
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 10 of 10 Updated – October 2025

Exhibit B – Compensation/Payment Procedure
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 8

COMPREHENSIVE SCOPE OF WORK
The following Scope of Work has been prepared pursuant to the information and scope of work provided in the RFP . The Kimley-Horn team, under direction of City staff, will prepare an EIR to assess potential impacts and identify mitigation measures for the proposed project. The Draft EIR, Final EIR, and associated work products will be prepared in accordance with the criteria, standards and provisions of the CEQA of 1970, Section 21000 et. sec. of the State CEQA Guidelines (California Administrative Code Section 15000), the City’s environmental guidelines, and the regulations requirements and procedures of other responsible Public Agencies with jurisdiction by law.

Task 1: Kick-off Meeting and Background Review
After receiving authorization to proceed, the Kimley-Horn team will coordinate and attend a kick-off meeting with the Planning Division 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. This meeting will include a discussion of the project objectives, and the project alternatives to be developed for the project. The Kimley-Horn team will provide the Planning Division and the applicant with a kick-off meeting memorandum that summarizes the meeting including agreed upon action items, timing of the items, and the party responsible for completing each item.

The Kimley-Horn team will conduct a field visit to the project site, review existing land use and environmental conditions, and conduct photographic recording of on-site and surrounding uses. It would be preferable to conduct this field reconnaissance jointly with City staff and, as appropriate, with the applicant, to take advantage (to the extent feasible) of the City’s and/or applicant’s knowledge of specific site conditions, concerns and issues.

After the kick-off meeting, the Kimley-Horn team will mobilize and begin to review background information provided at the meeting as well as other available information pertinent to the project. While reviewing this information, the Kimley-Horn team will develop a list of additional information needs, if necessary, to assist in the successful preparation of the EIR.

The Kimley-Horn team will also provide a project schedule organized by task/milestone spanning from kick off through Final EIR consideration by the Bakersfield City Council.

Deliverables:
• Kick-off meeting memorandum in electronic format;
• Information needs list in electronic format, if needed; • Project schedule organized by task/milestone in electronic format.

Task 2: Notice of Preparation and Circulation
The Kimley-Horn team, in collaboration with the Planning Division, will review the draft Notice of Preparation (NOP) prepared by applicant for public distribution, including a Project Description, list of probable environmental effects, and other required components as outlined by CEQA.

The City will notice and conduct a Scoping Meeting during the 30-day public review period. The Kimley-Horn team will attend the scoping meeting.

The Kimley-Horn team will provide for the following:

1. Review and assess Administrative draft NOP and associated documents including Initial Study;

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

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

4. Review and assess Final NOP and Notice of Completion (NOC) to the State Clearinghouse (SCH);

5. Distribute up to fifty (50) 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 hardcopies to the City;

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

8. Review and assess NOP comments received and address relevant comments within the Draft EIR.

"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 9
Deliverables:
• Review, assess and submit assessment report of the Final NOP and NOC prior to submitting to SCH; • Distribute 50 or more hard copies or electronic copies of the final NOP to Planning Division- provide mailing list via overnight carrier (for time-sensitive deliveries) and certified US Mail;
• Two (2) three-ring binder hardcopies of final NOP for City Planning; • 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
The Kimley-Horn team will review the expanded project description prepared by the applicant. This scope of work assumes the applicant will prepare the expanded project description with the most current project information and incorporate relevant comments received during the NOP public review period. The Kimle
y-Horn team will review the applicant’s expanded project description and prepare and submit an information needs memorandum, if necessary, to the Planning Division to improve. 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 environment 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. The Kimley-Horn team will review the proposed project objectives and potential alternatives based on information provided in the project description and other information provided by the applicant.

This scope of work assumes one round of review of the administrative draft project description by the Planning Division.

Deliverables:
• Administrative draft project description in Word format; • Draft project description in Word format.

Task 4: Peer Review of Applicant-Prepared Technical Reports The Kimley-Horn team will review the applicant provided technical studies (up to ten [10] technical studies are anticipated) for CEQA adequacy.

This scope of work assumes that the applicant’s consultants will be responsible for any professional engineering related services involved in the completion of the technical studies.

The Kimley-Horn team will conduct a peer-review of the technical studies prepared by the applicant and provide an assessment of the technical reports regarding CEQA adequacy for the following reports:

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

2. Biological Resources Study;

3. Archaeological/Cultural Resources Study;

4. Traffic Impact Study (including VMT analysis);

5. 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;

10. Blast Zone Report
The Kimley-Horn team will prepare a memo for each technical report summarizing any comments regarding CEQA adequacy and provide it to the Planning Division. This scope of work assumes the memos will be sent to the applicant to forward to the respective specialty consultants to consider the comments for modification or updates sufficient for the purposes of the CEQA analysis. This scope of work assumes that the applicant’s consultants will, if necessary, modify the submitted technical reports, and that only one round of review and final confirmation of adequacy will be needed. This scope of work assumes that the Kimley-Horn team will not perform any professional engineering services.

Direct communication between the Kimley-Horn team and applicant’s consultants shall not occur without authorization from City staff prior to any direct communication between the Kimley-Horn teams. "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 10
Deliverables:
• Technical report CEQA adequacy memoranda in PDF format for each technical study.

Task 5: Administrative Draft EIR Preparation
The Kimley-Horn team will provide a peer review of the administrative Draft EIR (DEIR) for CEQA adequacy in accordance with the City of Bakersfield CEQA Implementation Procedures. The Kimley-Horn team will conduct the peer review for CEQA Adequacy to determine:
• If the project has been analyzed at a project level of detail for the City’s decision-making bodies decide to approve the project and certify the EIR.
• The DEIR includes the required contents per CEQA and includes an inventory of existing conditions, thresholds of significance used for the evaluation of impacts, and an analysis of the environmental impacts and levels of significance. • If Appropriate mitigation measures are 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.

Peer review revisions to the administrative DEIR will be provided to the Planning Division in underline/strikeout format.

This scope of work assumes the peer review will include the following reviews:
• Technical Issues
The EIR will address the potentially significant environmental impacts identified in the NOP . • Alternatives
The Kimley-Horn team will collaborate with Planning Division staff to review the alternatives analysis as prepared by the applicant in the EIR. The review on the project alternatives will focus 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. • Consequences of Project Implementation
 Cumulative Impacts
The Kimley-Horn team will peer review the cumulative impact analysis of the DEIR for CEQA adequacy with regard to the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area to determine the project’s contribution to the overall cumulative baseline. The Kimley-Horn team will collaborate with Planning Division staff to develop the cumulative projects list.

The peer review will evaluate proposed mitigation measures, if any, developed for cumulatively considerable impacts for CEQA adequacy.
 Growth-Inducing Impacts
The Kimley-Horn team will peer review the growth inducing impact analysis of the DEIR for CEQA adequacy with regard to the project’s potential to directly or indirectly foster economic or population growth. The peer review will evaluate the DEIR analysis as to 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 Kimley-Horn team will peer review the Significant Irreversible Environmental Changes impact analysis of the DEIR for CEQA adequacy with regard to significant irreversible environmental changes. The peer review will evaluate the DEIR analysis regarding the potential for significant and una
voidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment.
"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 11
 Effects Found Not To Be Significant
The Kimley-Horn team will peer review the Effects Found Not to be Significant analysis of the DEIR for CEQA adequacy with regard to effects found not to be significant. The peer review will evaluate the DEIR analysis regarding 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.  Organizations and Persons Consulted
The Kimley-Horn team will peer review the Organizations and Persons Consulted chapter of the DEIR for CEQA adequacy with regard to the listing of 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 DEIR. • Preparers
The Kimley-Horn team will peer review the Preparers chapter of the DEIR for CEQA adequacy with regard to the listing of names of persons consulted in preparation of the DEIR and their contribution. • Acronyms
The Kimley-Horn team will peer review the Acronyms chapter of the DEIR for CEQA adequacy with regard to the listing of definitions, and acronyms used in the EIR.
• Bibliography
The Kimley-Horn team will peer review the Bibliography chapter of the DEIR for CEQA adequacy with regard to consistency with the Metropolitan Library System (MLS) standards and include personal communications, as appropriate. The Kimley-Horn team will also keep electronic copies of all reference materials provided by the project applicant during the peer review process for the administrative record.

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

Task 6: Screencheck DEIR Preparation
This scope of work assumes two rounds of peer review of the administrative DEIR by the City and Consultant. This scope of work assumes the applicant will revise and prepare a screencheck DEIR and technical appendices for approval by the Planning Division within two (2) weeks of receiving comment from the Planning Division prior to distributing the DEIR for the required 45-day public review period.

Deliverables:
• Review of Screencheck DEIR in PDF format.

Task 7: DEIR and Technical Appendices Circulation
The Kimley-Horn team will peer review the DEIR screencheck for CEQA adequacy and that previous comments have been addressed. Once the screencheck DEIR has been approved by City staff, the Kimley-Horn team will print up to twenty-five (25) hard copies (as needed) and distribute the DEIR. In addition, the Kimley-Horn team will also print and distribute up to fifty (50) hard copies of the Notice of Availability (NOA) to agencies and persons on a mailing list provided by the Planning Division. The Kimley-Horn team will provide three (3) full printed hard copies of the DEIR including tabbed technical appendices in three-ring binders for Planning Division and Library use. The Kimley- Horn team 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 to be provided by the applicant.

The Kimley-Horn team will deliver copies of the NOA via overnight carrier (for time-sensitive deliveries) or certified US Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

This scope of work assumes the Kimley-Horn team will submit the DEIR, NOA, Summary Form and NOC to the SCH, consistent with SCH submission requirements.
"EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 12
Deliverables:
• DEIR, NOA, Summary Form and NOC to SCH per most recent electronic submission criteria; • Distribute up to fifty (50) hard copies of NOA for DEIR with appendices to Planning Division-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
• Three (3) tabbed, three-ring binder full hardcopies DEIR for Planning Division and Library use; • One USB flash/thumb drive that includes PDF and Word versions of DEIR and set of DEIR figures.

Task 8: Draft and Screencheck FEIR and Technical Appendices Preparation and Circulation Following the 45-day public review period for the DEIR, the Kimley-Horn team will review the draft Final EIR (FEIR) including responses to comments received during the 45-day public review period. This scope of work assumes responses to public comments on the DEIR and any changes to the DEIR deemed necessary by City Planning Division staff will be prepared by the applicant. The draft FEIR will be submitted to the Kimley-Horn team and Planning Division staff for review. This scope of work assumes one round of review of the draft FEIR by Planning Division staff and the Kimley-Horn team. 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 50 hours for the technical staff to respond to up to 20 comment letters. Consultant will evaluate the level of effort once the comments are received and evaluated and advise Planning Division staff.

As part of the FEIR review, the Kimley-Horn team will review and assess the Mitigation Monitoring and Reporting Program (MMRP) for CEQA adequacy. The peer review of the MMRP will evaluate if the document contains the accepted mitigation measures and is formatted consistent with Planning Division requirements for reporting and implementation.

The Kimley-Horn team will review revisions to the draft FEIR prepared by the applicant.

Once the screencheck FEIR has been approved, the Kimley-Horn team will print and distribute up to fifty (50) hard copies of the NOA for FEIR at least three weeks (21 days) prior to the Planning Commission hearing on the project. The Kimley-Horn team will deliver all copies of the NOA for the FEIR via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

Deliverables:
• Review Draft FEIR in Word format;
• Review Screencheck FEIR in PDF format;
• Distribute up to fifty (50) hard copies or electronic copies of the NOA for the FEIR to a mailing list provided by the City Planning Division via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail, including copies for the Planning Division and Planning Commission.

For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.

Task 9: Draft Findings of Fact and Statement of Overriding Considerations Preparation The Kimley-Horn team will review the draft Findings of Fact and, if necessary, Statement of Overriding Considerations in accordance with Sections 15091 and 15093 of the CEQA Guidelines for CEQA Adequacy. This scope of work assumes the Findings of Fact and Statement of Overriding Considerations will be prepared by the project applicant. This scope of work assumes City Planning Division staff will finalize these documents in consultation with the City Attorney. This scope of work assumes one round of review of the draft documents.

Deliverables:
• Review and assess the draft Findings of Fact and Statement of Overriding Considerations in Word format; • Review and assess the updated draft Findings of Fact and Statement of Overriding Considerations in Word format. "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 13
Task 10: Meeting and Hearing Attendance
The Kimley-Horn team will attend public hearings related to the project as requested by Planning Division staff. This scope of work assumes preparation for, and attendance at, one Planning Commission Hearing and one City Council Hearing. This scope assumes a total of 10 hours per person/per hearing for this task, which includes meeting attendance, travel and meeting preparation. This scope of work assumes 40 hours for hearing attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

This scope of work assumes that Planning Division staff will prepare the Notice of Determination (NOD) to be filed with the SCH and County Clerk if the project is approved and the EIR is certified.

The Kimley-Horn team will attend project meetings with the Planning Division staff and applicant as necessary of the course of the project.

This scope of work assumes 40 hours for meeting attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

Task 11: Administrative Record Preparation
The Kimley-Horn team will assist Planning Division staff with the preparation of the Administrative Record within 30 days of the City Council making a determination about the project. This task assumes that consultant will help organize. This 16scope of work assumes that the applicant will provide electronic copies of the references or sources used in the preparation of the EIR and technical appendices. The scope of work assumes that the applicant will be responsible for locating and providing documentation that has been identified or missing as incomplete as a result of the Kimley-Horn team peer review. This scope of work assumes twenty (20) hours of review time. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.

Deliverables:
• 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). "EXHIBIT A"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report City of Bakersfield  EVCASACR009082.2025
 14
ID Task Name Duration Start Finish
1 PROJECT INITIATION 156 edays Mon 9/1/25 Wed 2/4/26
2 Project Kick-off Meeting with City Staff and Applicant 0 edays Mon 9/1/25 Mon 9/1/25 3 Kimley-Horn Completes Background Review and Project
Schedule
14 edays Mon 9/1/25 Mon 9/15/25
4 Applicant Prepares of Notice of Preparation/Initial Study 14 edays Mon 9/15/25 Mon 9/29/25 5 Kimley-Horn Peer Review of NOP 14 edays Mon 9/29/25 Mon 10/13/25 6 Applicant Revises NOP, as needed 14 edays Mon 10/13/25 Mon 10/27/25 7 Notice of Preparation Review Period 30 edays Mon 10/27/25 Wed 11/26/25 8 EIR Scoping Meeting (Actual Date TBD) 1 eday Wed 11/12/25 Thu 11/13/25 9 Kimley-Horn Conducts Peer Reviews of Technical Studies 32 edays Wed 11/26/25 Sun 12/28/25 10 Kimely-Horn Peer Reviews Revised Technical Studies 20 edays Thu 1/15/26 Wed 2/4/26 11 Kimley-Horn Peer Reviews Expanded Project Description 21 edays Mon 10/27/25 Mon 11/17/25 12 ADMINISTRATIVE DEIR PEER REVIEW 57 days Sun 12/28/25 Wed 3/18/26 13 Kimley-Horn Peer Reviews of Administrative DEIR 20 edays Sun 12/28/25 Sat 1/17/26 14 City Review of Administrative DEIR 20 edays Sat 1/17/26 Fri 2/6/26 15 Kimley-Horn Peer Review of Screencheck DEIR 20 edays Fri 2/6/26 Thu 2/26/26 16 City Review of Screencheck DEIR 20 edays Thu 2/26/26 Wed 3/18/26 17 DEIR PREPARATION 12 days Wed 3/18/26 Fri 4/3/26
18 Final Revisions to Screencheck DEIR 9 edays Wed 3/18/26 Fri 3/27/26 19 DEIR Publication / Notice of Completion / SCH Filing 7 edays Fri 3/27/26 Fri 4/3/26 20 DEIR PUBLIC REVIEW 31 days Fri 4/3/26 Mon 5/18/26
21 45-Day DEIR Public Review Period 45 edays Fri 4/3/26 Mon 5/18/26 22 FINAL EIR AND RESPONSE TO COMMENTS PEER REVIEW 65 days Mon 5/18/26 Mon 8/17/26 23 Kimely-Horn Peer Review Administrative Draft FEIR and Response to Comments
21 edays Mon 5/18/26 Mon 6/8/26
24 City Review of Administrative Draft FEIR and Response to Comments
20 edays Mon 6/8/26 Sun 6/28/26
25 Kimely-Horn Peer Review Draft MMRP / Findings / Draft Overriding Considerations
30 edays Mon 6/8/26 Wed 7/8/26
26 Kimely-Horn Peer Review Screencheck Draft FEIR and
Response to Comments
20 edays Wed 7/8/26 Tue 7/28/26
27 City Review of Screencheck Draft FEIR and Response to Comments
20 edays Tue 7/28/26 Mon 8/17/26
28 FINAL EIR 62 days Tue 9/1/26 Thu 11/26/26
29 Kimley-Horn Distibutes FEIR to Commenting Agencies 3 edays Tue 9/1/26 Fri 9/4/26 30 Kimley-Horn Distributes FEIR to Planning Commission 3 edays Fri 9/4/26 Mon 9/7/26 31 Planning Commission Hearing (Actual Date TBD) 0 edays Tue 9/29/26 Tue 9/29/26 32 City Council Hearing (Actual Date TBD) 0 edays Tue 10/27/26 Tue 10/27/26 33 Kimely-Horn Peer Reviews Administrative Record 30 edays Tue 10/27/26 Thu 11/26/26 9/1
9/29
10/27

W S T M F T S W S T M F T S W
g 3, '25 Oct 12, '25 Dec 21, '25 Mar 1, '26 May 10, '26 Jul 19, '26 Sep 27, '26 D Tortuga Bay Resort EIR
Technical Study and EIR Peer Review
Proposed Project Schedule
edays = calendar days
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 15

COST OF SERVICES

FEE SCHEDULE
All work will be performed for a “Not to Exceed” contract price, which will become the firm fixed price upon completion of negotiations with City of Bakersfield. The total budget includes all miscellaneous costs for travel/mileage, reproduction, reimbursables, telephone, postal, delivery, reference materials and incidental expenses. Kimley-Horn will receive payment either on a percentage basis using milestones or by monthly billing, as determined by the City. The Kimley-Horn Project Manager reserves the right to make adjustments to staff allocations as necessary within the overall budget. Included on the following page is a spreadsheet listing project tasks, classifications of personnel, the anticipated number of hours required by task, and total hours and costs per task.

PAYMENT SCHEDULE
We have included our payment schedule on page 17.
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report City of Bakersfield  EVCASACR009082.2025
 16
Category/Title
Billing Rate $365 $325 $260 $230 $200 $160 $130
Task 1 Kick-off Meeting and Background Review 21 9 24 54 $ 14,430 Project Initiation 8 8 16 $ 4,200
Kick-off Meeting and Field Visit 9 9 4 22 $ 6,850 Background Information 2 8 10 $ 2,010
Project Schedule 2 4 6 $ 1,370
Task 2 Notice of Preparation (NOP) and Circulation 8 6 20 8 42 $ 9,110 Peer Review NOP 4 4 8 16 $ 4,040
NOA Distribution 4 2 12 8 26 $ 5,070
Task 3 Expanded Project Description Preparation 4 8 2 14 $ 4,380 Peer Review Expanded Project Description for DEIR 4 8 2 14 $ 4,380 Task 4 Applicant-Prepared Technical Report Peer Review 8 12 40 40 24 124 $ 31,220 Peer Review Technical Studies 8 12 40 40 24 124 $ 31,220 Task 5 Administrative DEIR Preparation 4 16 20 16 16 72 $ 15,900 Peer Review Admin DEIR 4 16 20 16 16 72 $ 15,900
Task 6 Screencheck DEIR Preparation 4 8 8 8 28 $ 6,380 Peer Review Screencheck DEIR 4 8 8 8 28 $ 6,380 Task 7 DEIR and Technical Appendices Circulation 8 8 24 24 64 $ 12,480 Peer Review Final DEIR 4 4 4 12 $ 3,400
Prepare DEIR for Public Review 4 4 20 24 52 $ 9,080 Task 8 Draft and Screencheck FEIR and Technical Appendices Preparation and Circulation 8 24 42 16 90 $ 19,520
Peer Review Draft FEIR 2 12 24 38 $ 8,470
Peer Review MMRP 2 4 6 12 $ 2,990
Peer Review Screencheck FEIR 2 4 4 10 $ 2,670 FEIR Public Distribution 2 4 8 16 30 $ 5,390
Task 9 Draft Findings of Fact and Statement of Overriding Considerations Preparation 2 4 12 18 $ 4,790
Peer Review CEQA Findings 2 4 12 18 $ 4,790
Task 10 Hearing Attendance 36 36 8 80 $ 26,120
Hearing Attendance 20 20 40 $ 13,800
Meeting Attendance 16 16 8 40 $ 12,320
Task 11 Administrative Record Preparation 2 8 10 $ 3,330 Peer Review Admin Record 2 8 10 $ 3,330
TOTAL HOURS 105 139 40 72 24 144 72
596
Subtotal Labor: $38,325 $45,175 $10,400 $16,560 $4,800 $23,040 $9,360 $ 147,660 Other Direct Costs $ 35,977
Labor Escalation $ 1,477
Travel/Mileage/Outside Printing/Courier Services/Etc. $ 15,000 Zanjero - Water Supply Peer Review $ 11,500
LSA - Biological Resources Peer Review $ 8,000 TOTAL COST: $ 183,637

CITY OF BAKERSFIELD
General Plan Amendment/Zone Change No. 24-0377 (Tortuga Bay Resort) Peer Review of Technical Studies and Environmental Impact Report Kimley-Horn and Associates, Inc.

Sr.

Professional I Professional Analyst II Analyst I Project Support TOTAL
HOURS
TOTAL
COST
Sr.

Professional II
Sr.

Professional I
BR00PUDIS.A.001
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield  EVCASACR009082.2025
 17

PAYMENT SCHEDULE
"EXHIBIT B"
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/8/2025
Edgewood Partners Ins Center
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
770.552.4225
[email protected]
National Union Fire Ins Co of Pittsburg
19445

KIMLASS
Allied World Assurance Co (U.S.) Inc.
19489
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company
23841
Lloyd's of London
85202
1833850701
A
X
2,000,000
X
1,000,000
X
Contractual Liab
25,000
2,000,000
4,000,000
X
X
GL5268169
4/1/2025
4/1/2026
4,000,000
A
A
2,000,000
X
X
X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
B
X
X
5,000,000
X
03127930
4/1/2025
4/1/2026
5,000,000
X
10,000
C
C
X
N
WC067961230 (AOS)
WC013711885 (CA)
4/1/2025
4/1/2025
4/1/2026
4/1/2026
2,000,000
2,000,000
2,000,000
D
Professional Liability
B0146LDUSA2504949
4/1/2025
4/1/2026
Per Claim
Aggregate
$2,000,000
$2,000,000
Re: Tortuga Bay Resort. The City Bakersfield, its mayor, council, officers, agents, employees and designated volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.

City of Bakersfield
1600 Truxtun Avenue
Bakersfield CA 93301
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

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

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of12 GL5268169
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC A. 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 liabilit y for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Insurance Services Office, Inc., 2018 CG 20 10 12 19Page of22 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

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) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

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

A. 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".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 11 GL5268169
Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.

WC 04 03 61 Countersigned by ______________________________ (Ed. 11/90)
Authorized Representative
04/01/2025 WC 013-71-1885
KIMLEY-HORN AND ASSOCIATES, INC.

NEW HAMPSHIRE INSURANCE COMPANY

2.00 Docusign Envelope ID: 24966C84-40FD-4FBE-A128-01A99B0124DC

Bakersfield City CouncilNovember 19, 2025

Bakersfield City Council
November 19, 2025