Minutes — Bakersfield City Council, December 17, 2025 (part 4 of 5)

Docusign Envelope ID: 4F3O5E32-F9A1-4686-9EC6-70227A77C137 Compensation for all work, services or products called for under this Agreement shall consist of a total payment of THREE HUNDRED THOUSAND DOLLARS ($300,000) and is further
defined in the proposals attached hereto as Exhibit "A" and incorporated herein by reference.

CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than THREE HUNDRED THOUSAND DOLLARS ($300,000) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall be for a three (3) year period and shall be renewable thereafter for two (2) consecutive one-year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten ( 10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

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7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

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

9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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

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

13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1 654 of the California Civil Code shall not apply to the interpretation of this Agreement.

14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or

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16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.

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

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

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

20. INSURANCE.

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

20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

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20.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

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

20.1.2.2 Provide products and completed operations
coverage;

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

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

20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

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20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
prov1s1on. 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.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR's insurance and must not
contribute with it.

20.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

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

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

20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.

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

22. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one ( 1 ) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one ( 1 ) partner shall hold the required licensees or professional degrees.

24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
CONTRACTOR:
1600 Truxtun Avenue
Bakersfield, California 93301

TELSTAR INSTRUMENTS
4017 Vista Park Court
Sacramento, California 95834

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

29. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1 771. 1 for an unregistered contractor to submit a bid that is authorized by Section 7029 .1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California.

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

32. TAX NUMBERS .

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Docusign Envelope ID: 4F3D5E32-F9A 1-4686-9EC6-70227 A77C 137 CONTRACTOR's Federal Tax ID Number 94-2785168
CONTRACTOR is a corporation? Yes X No ___ _ (Please check one.)

33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY"

CITY OF BAKERSFIELD
By: _______ ______ _

KAREN GOH
Mayor
APPROVED AS TO CONTENT:

PUBLICWOR~
By~

CHARY MEYER
Public Works Director
APPROVED AS TO FORM:

Deputy City Attorney II: _ _ ____ _

ASHLEY ZAMBRANO
Insurance: __ _
AEZ/pl
$:\Public Works\Agrs\25-26\Telstor tnstumcnts Etectrtc Services Agreement.docx Allochment{sl: Exhibit A

TELSTAR INSTRUMENTS - ELECTRIC SERVICES AGREEMENT
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"CONTRACTOR"
By [K~L~:~ INSTRUMENTS
Print Name: Kyle Johnsen ----------- Title: Vice President COUNTERSIGNED:

Finance Director: _ _ _ __ _

RANDY MCKEEGAN

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EXHIBIT A
Attach "RFQP .. 3A" - On-Call Electric~I Contractor
to Provide On-Call General Electrical Services and
Electrical Maintenance for City Facilities,
Equipment and Infrastructure
Electrical Services for Solid Waste Division
Public Works Department
City of Bakersfield
Field Service/Construction Straight-time Over-Hme Double-time Service Electrician $149.00 $223.50 $298.00
Electrical/Instrument $160.00 $240.00 $320.00 - Technician -- -· - ... - .

Lineman $149.00 $223.50 $298.0"0
Foreman $170.00 $255.00 $340.00
Forman - Lineman $170.00 $255.00 $340.00
General Forman $170.00 $255.00 $340.00
Services Manager $184.00 $176.00 $368.00
Laborer/Runner $130.00 $195.00 $260.00
Automation Technician $160.00 $240.00 $320.00
Apprentice $135.00 $202.50 $270.00
....................... ... .................... •••••••••••••••••••••• •••••••••••••••••••• Description Rates Per Hour/Per Day Characteristics
Bectrical Service Truck $196.00 Per Day Service
AufO_!TIObiJe/Pick-up Truck $172.00 Per Day Service - Line Truck Cost+ 15% Per Day Service Rental Bu~ket Truck Cost + 15% Per Day Service Rental
Crane Cost+ 15% Per Day Service Rental
Delivery Truck w / Lift Gate 9ost + 15% Per Day Service Rental Pole ~oily Cost+ 15% Per Day Service Rental
Trencher Cost+ 15% Per Day Service Rental
Docusign Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227A77C137 Man Lift Cost + 15% Per Day Service Rental
Trailer Cost + 15% Per Day Service Rental
Recording Amp-Volt Meter cost + 15% Per Day Service Rental RotoHammer Cost + 15% Per Day Service Rental
Calibration Equipment Cost+ 15% Per Day Service Rental
Conduit Threading Machine Cost + 15% Per Day Service Rental .... - I
I
i
I
I
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Docusign Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C1 37 TELSTAR*·
Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
City of Bakersfield
Request for Qualifications (RFQ)
Electrician Services for Waste Division
Public Works Department
October 16, 2025
Proposal Submitted By
TELSTAR~.~

NSTRUMENTS
202 South Douty Street
Hanford, CA 93230
(559) 584-7116

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TABLE OF CONTENTS
Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
COVER LETTER ......................................................... ! ..................................................................................... 3 A. ATTACHMENT RFQ-1- GENERAL INFORMATION SHEET ......................................................................... 4 B. DESCRIPTION OF PROPOSER'S MANAGEMENT PRINCIPLES, POLICIES AND PROCEDURES ..................... 5 C. NAMES AND RELEVANT EXPERIENCE OF PROPOSER'S PRINCIPALS ......................................................... 8 D. NAMES AND RELEVANT EXPERIENCE OF PROPOSER'S KEV PERSONNEL ............................................... 10 E. WHY TELSTAR SHOULD BE SELECTED FOR THIS ON-CALL WASTEWATER MAINTENANCE CONTRACT .13 F. TELSTAR COMPARABLE CONTRACT AND PROJECT EXPERIENCE ........................................................... 15 G. PROPOSER'S CLAIMS HISTORY ............................................................................................................... 18 H. STATEMENT OF INSURANCE COVERAGE ................................................................................................ 18 SAMPLE PROJECT OUTLINING OUR PROJECT MANAGEMENT PROCESS .................................................... 19 TELSTAR* Page2
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COVER LETTER
October 16, 2025
Sean Cacal
General Services Division
4101 Truxtun Avenue, Building C
Bakersfield, CA 93309
[email protected]
(661) 326-3046
Request for Qualifications
Electrical Maintenance for City Facllltles
Public Works Department
Subject: RFQ for Electrical Maintenance for Public Works Department Dear Sean:

The City of Bakersfield (City) desires to enter into an agreement with multiple qualified electrical contractors for performing various maintenance, repair, and installation contracting services on equipment and control panels primarily at the City's Mount Vernon Green Waste Facility (the Facility).

Telstar has been In business for 44 years, providing electrical installations, general maintenance and repairs, pump repair and maintenance, instrumentation, calibrations, mechanical, design build, civil, construction, and programming and controls support for hundreds of municipal water and wastewater customers. Telstar is well-qualified to perform the many tasks outlined in this RFQ and present this Statement of Qualifications for your review.

Please contact me with any questions you may have. I can be reached at (559) 584-7116.

Sincerely,
Konor Meeks, Hanford Branch Manager
202 South Douty
Hanford, CA 93230
[email protected]
(559) 584-7116
TELSTAR* Page 3
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TELSTAR*
Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
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Docusign Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227A77C137 General Information Sheet -Attachment RFQ-1
On-Call Electrical Contractor to Provide On-Call General Electrical BAKERSFIELD Services and Electrical Maintenance
nEsolNJoF~~ Public Works, General Services Division
Bakersfield, California
Date: 10/14/2025
Legal Name of Flrm: __ T __ e __ lst __ a __ r l ___ ns __ t....... ru __ m __ e--nt;.;;;;.s _____________ _ Type of Organization: ....ac .... o_._rp __ o...... ra~tio,;;;;.a,n ________________ _ Individual, Partnership, or Corporation
If a corporation, state In which the firm Is Incorporated:

Federal Employer I.D. Number: -=9;...;.4-..;;:;2~78;;.;:5;..;.1.;;;.;68 ________________ _ Street Address: 202 South Douty Street, Hanford, CA 93230 Malling Address: 4017 Vista Park Court, Sacramento, CA 95834 Telephone Number: ..l,;(9::;,..:1:.;;.6.i..;.) 6=-4:.;6--=-1:.;;.9.;:;,,;99 _________________ _ FAX Number: (916) 646-1096
Benjamin R. Herston, Treasurer, 422364, 10/14/2025
Name of Principal-in-Charge, Title, License Number, Date Konor Meeks, Project Manager, 422364, 10/14/2025
Name of Project Manager, Title, License Number, Date
~ ~---Vice President, 422364, 10/14/2025
Signature of Officer of the Firm, Title, License Number, Date Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
B. DESCRIPTION OF PROPOSER'S MANAGEMENT PRINCIPLES, POLICIES AND PROCEDURES

1. Responding in a timely manner: With over 60 California certified electricians specializing in the water and wastewater industry including electrical design and construction, service calls, preventative maintenance, troubleshooting and upgrades, Telstar has ample capacity to perform the required tasks under this RFQ. Telstar offers 24-hour per day, 365 days per year, on-site support to our clients. Our electricians, mechanics, laborers, engineers, programmers, and technicians are always available to assist the City as needed. To access our after-hours support services, simply call 559-584-7116. Telstar strives to respond to the request within 15 minutes and if needed, dispatch our team to your site within two hours.

2. Aval/ability of Proposer's Staff to start work on a project: Telstar maintains a staff of 60+ electricians to handle service calls and project work and are available within 48 hours of notice.

3. Development of a project schedule and adhering to that schedule: For project work, a Scope of Work and Project Schedule will be developed with the City. Telstar will work closely with the City on the scope and time frame required. For project work, our foreman will develop a schedule using Microsoft Project for the City's review. We will work closely with the City to adhere to that schedule. During the project, regular scheduled progress meetings will be organized by the Telstar PM and City to provide updates and discuss any significant issues. Microsoft Project is updated every two weeks and copies presented to the City.

1. Telstar uses Microsoft Project to develop the project schedule. A baseline schedule is typically developed by the Project Manager and is approved by the Owner.

2. Scheduling for scoped and budgeted tasks will be performed by the Task Manager, with resources allocated to meet task goals. We use Microsoft Project with resource loading for scheduling more complex projects and tasks. Telstar can schedule electricians and other staff quickly for work that is not anticipated in advance. Our staff can also be redirected to your site for same-day service when emergencies arise. We plan our staffs schedules in advance but offer flexibility to accommodate the unexpected.

4. Complete and successful performance of all tasks assigned to the Contractor: This section describes our approach to successfully completing all tasks assigned to Te/star, focusing on the following:
• Project Management
• Work Scheduling
• Cost Control
• Quality Assurance
• Safety Management
Project Management
We know that successful projects require solid planning, effective resource management, and good communication, as well as cost, schedule, and quality control. Essential to project planning Is developing a clear, detailed scope of services upon which to base cost, schedule, and resources. Telstar will work effectively with the City to define a clear, detailed scope of work at the start of each task to assign optimal resources. Scope documents will be prepared by our Contract/Project Manager, with assistance TELSTAR* Page 5
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Electrical Maintenance for City Facilities
Public Works Department
from appropriate team members. Once the scope document is agreed upon between Telstar and the City, the cost and schedule for the task will be developed and agreed. These documents will be the basis for the task going forward.

A Task Manager and the proper resources will be selected and assigned to each task for the execution phase of the task. The Task Manager will monitor the task progress against the agreed upon baseline for cost, schedule, and scope. Any anticipated deviations will be brought to the City's immediate attention.

Communication is crucial for project management. Our project Task Manager will work closely with your task project manager and other City staff stakeholders to maximize working relationships and prevent coordination difficulties.

Telstar understands the need for effective and responsive project management without excessive formality. We will not create a costly "hierarchy" of our staff for day-to-day project management and execution. The City's staff can work directly with our project engineers, reducing costs and giving you almost immediate response times.

Cost Control
Cost control begins with setting up the right scope and appropriate budget at the start of work. Each task will have a separate contract account in our accounting system, and the budget for each task will be maintained separately. Work tasks are broken into separate tracking accounts to allow us to monitor progress and to avoid excessive budget use during the preliminary tasks. Our team will use our considerable experience with similar projects to develop effective, realistic scopes, schedules, and budgets on each project.

The second step is to monitor the task progress frequently and make mid-course corrections, if needed.

We will monitor the progress of each task internally and discuss task work status with your staff each month.

Our business model and practices are to clearly define our scope, establish a fair budget, and then stick to it unless there is a material change in the scope of work.

Quality Assurance
On all our projects, quality control is generally the "make or break" factor for success. Quality control impacts all aspects of the project work, including schedule and budget. Our approach to quality control includes:
• Adherence to standards and conventions
• Testing and simulation of procured equipment prior to delivery • Review by City staff
• Comprehensive system field testing services
Telstar's approach to quality starts with hiring, training, and retaining a well-qualified workforce with expertise in mechanical, electrical and controls design and construction. We manage workloads to ensure that supervisors have time to oversee work quality, and mechanics, electricians, engineers, technicians, and other staff have sufficient time to complete their work.

Telstar has direct e><perience of task order projects similar in nature and scope to the tasks outlined in TELSTAR* Page6
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Electrical Maintenance for City Facilities
Public Works Department
your RFQ. Telstar holds as-needed consulting and support contracts for programming, instrumentation, electrical, and mechanical services with many municipalities, special districts, and industrial customers throughout California. These clients include City of Visalia, Hanford, Tulare, Corcoran, Reedley and many more. Our team approaches each assignment under an as-needed support services contract utilizing standard project management practices to ensure the task is completed correctly in the expected timeframe and budget.

Safety Management
Telstar takes a proactive approach to safety. Telstar employs a full-time Safety Director and contracts with Safety Compliance Management (SCM) consultants to routinely review our training criteria, train Telstar employees and review Telstar's safety programs. Implementation of our safety programs dramatically reduce the risk of on-the-job injuries. We are proud of our .65 EMR.

Safety is of the upmost importance to Telstar. New hires are provided with our safety manual for review.

They are then directed to our Safety Director for two full days of training on various topics. We hold daily tailgate meetings. We hold annual safety days. We have safety bingo, an incentive program to encourage work safety. Safety logo is provided on all Telstar supplied equipment and clothing.

Telstar develops a project/task jobsite specific Injury and Illness Prevention Plan (IIPP) prior to the start of work. This plan will be submitted to City for review and comment. Telstar will Incorporate the City's site-specific safety procedures into our jobsite specific IIPP for the project.

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Electrical Maintenance for City Facilities
Public Works Department
C. NAMES AND RELEVANT EXPERIENCE OF PROPOSER'S PRINCIPALS Company- Headquarters Telstar Instruments
Owners Names 4017 Vista Park Court
Sacramento, CA 95834
(916) 646-1999
[email protected]
~ohn Gardiner, President
Kyle Johnsen, Vice President
Robert Marston, Secretary
Benjamin Herston, Treasurer
Telstar office assigned to this contract [f elstar Instruments 202 South Douty
Hanford, CA 93230
[email protected]
Konor Meeks, Branch Manager
Office: (559) 584-7116
Mobile: (559) 794-0295
Type of Organization C Corporation,
Including license number California Corporation No. C1099363 California Department of Industrial 1000000899
Relations Registration Number
Contracting Licenses Held C-10, C-7, A, B License #422364 Telstar Instruments (Telstar) was founded in 1981 by Robert (Bob) Marston (President/Secretary) and John Gardiner (Vice-President/Treasurer), who remain as co-owners today. Bob graduated from Rochester Institute ofTechnology with a Bachelor of Science in Engineering Technology, one of the first instrumentation and controls degree with a minor In Electrical Systems. Bob worked as a co-op student at Monroe County Pure Waters in Rochester N.V. for four years before starting Telstar and worked with Fischer and Porter Company overseeing the process controls system startup and commissioning. When founded, Telstar specialized in process instrumentation, controls and electrical systems. Telstar has matured Into one of the top-rated multiple discipline contractors and engineering firms throughout California and the Western United States. Telstar serves customers in water, wastewater, power, utilities, food and beverage and many other industrial entities.

John graduated from Heald Technology in San Francisco with an AA degree in Instrumentation and Electrical Systems. After co-founding Telstar, John spent two years in Hong Kong, with Hong Kong China Cement, where he supervised the startup and commissioning of the new cement plant's electrical, mechanical and wastewater treatment systems. Following the completion of the China Cement project, John developed the civil, electrical, and mechanical portion of Telstar in the Central Valley. His intimate knowledge of mechanical systems, pumps, motors, bar screens, valves, tertiary treatment systems, chemical feed systems, aeration and bubbler basins, septage receiving systems, WAS, RAS, burner controls, flow metering, and interrelationship with SCADA computer systems is unparalleled. ~ As Managing Director with Telstar, Ben Herston Is responsible for delivery of major projects for a variety ·, of water, wastewater, food and beverage, and industrial customers. Ben manages planning, design, and construction projects across a wide variety of disciplines, including civil, mechanical, electrical, instrumentation and controls, and SCADA/~LC programming. Ben is a California-registered Professional TELSTAR* Pages
Docuslgn Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227AnC137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
Civil Engineer and certified Project Management Professional (PMP) by the Project Management Institute.

As Managing Director, Kyle Johnsen is responsible for managing the resources committed to delivering successful construction projects of all sizes throughout Northern California. Kyle manages the estimating, engineering, procurement, fabrication, programming, and startup disciplines and assets for water and wastewater projects that include electrical design, instrumentation and controls integration, and PLC/SCADA programming.

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Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
D. NAMES AND RELEVANT EXPERIENCE OF PROPOSER'S KEY PERSONNEL In the following section, Telstar provides resumes for key personnel who will be assigned to the contract.

Alan Strong
Senior Electrical Engineer
Education:

Years of Experience:

Electrical
Engineering
Total:
43 years,
14 years with Te/star
Experience: Alan Strong, as Senior Electrical Engineer and Project Manager, is responsible for all major projects in Telstar's Northern region and was previously responsible for all major projects in Telstar's Southern region, including all design, electrical, instrumentation, chlorination equipment installation and maintenance and SCADA projects. Work performed under Alan's direction includes electrical construction and design support services up to and including 12 Kv primary service, installation and maintenance of motor control centers, installation and commissioning of VFD drives up to 3,000 hp, panel design and construction, instrumentation installation and calibration and SCADA. Out of our Hanford office, Alan has installed four complete wastewater treatment plant electrical and instrumentation upgrades in the last five years. Additionally, numerous fresh-wat er well systems and several industrial faculties have been built and continue to be serviced by Telstar in this region.

Specialties:
❖ Switchgear
❖ Variable Frequency Drives
❖ Power System Design and Implementation
❖ System Controls
❖ P&ID Development
❖ Electrical & Mechanical Maintenance Procedures
❖ SCADA System Installation
❖ Pneumatic Controls
❖ Data Acquisition and Process Data Base
❖ Instrumentation/Electrical Controls interface and Design ❖ Fiber Optic Design and Installation
❖ Chemical Treatment
TELSTAR* Page 10
Docusign Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
Felipe Martinez
Electrical Engineer, Project Manager
Education: S.S. Electrical
Engineer/no
Years of Experience: 23 years; 19 years with Te/star
Certifications: Cal/forn#Q Certified EleGtrlclan # 133630 /SA Certified Control Systems Technician
Square D, Allen Bradley, Eaton VFD Startup Tech.

Areas of Expertise: Project management, Instrumentation, Electrical System Design, Radio
Telemetry System Design
Experience: As a member of the Telstar team, Felipe is an important part of our team, with most of his responsibilities focused on the implementation and troubleshooting of instrumentation and control systems, PLC programming (Allen Bradley, Siemens, Directlogix, Modicon etc.), SCADA, Wonderware, EZTouch, AC variable speed drives and DC drive systems. He is proficient in Word, Excel, Auto-CAD, Drafting Design, Mathematics, Math lab, communication systems, power systems, control systems, electrical installations, VFDs, etc. Felipe is bilingual (English/Spanish).

Related Project Experience:
► Reedley WWTP
Expansion construction of surface water treatment facility performing startup, instrumentation and control. $5.2M
► Farmersville WWTP
Farmersville Wastewater Treatment Facility Expansion and upgrade Project: electrical instrumentation and controls installation and integration. $2M ► Kern Lerdo Campus Water & WWTP
New construction of a water and wastewater treatment facility, performing startup, instrumentation and control. $3.7M
► City of Tulare Water Storage Project
City of Tulare Water Storage Tanks Improvement Project: electrical instrumentation and controls, installation and integration. $2.3M
TELSTAR~~r Page 11
Docusign Envelope ID: 4F3O5E32-F9A1-4686-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
Steve Santellan
Electrical Foreman
Education:

Years of Experience:

Certifications: -
5-year Apprenticeship
Program
Total 17 years,
9 years with Telstar
Electrical Cal/fomla Electrician # 155056
5-year Apprenticeship program through WEC
Attended various seminars on safety and compliance
Experience: Steve is an Electrical Foreman with a background in industrial wastewater and fresh water electrical/process controls. He performs and oversees the installation of a variety of electrical equipment, some include Motor Control Centers, Switchgear, Transformers, VFDs, etc. Steve has worked in industrial facilities documenting power distribution, electrical code conformance, wiring diagrams and single-line diagrams to create as-built documents and drawings. His broad-based responsibilities in Electrical/Controls/Construction include:
❖ Project Estimating, Change Order Control
❖ Purchasing - Equipment, Material, and Vendor Selection ❖ Document Preparation - Material Submittals, Shop Drawings ❖ Project Scheduling and Subcontractor Coordination
❖ Manpower Loading, Scheduling and Quality Control
❖ Project Review - Material, Methods, Workmanship oversite ❖ Project Accountability- Cost and Budget Management
❖ Project Closeout Documentation
Steve has over 17 years of successful experience in the electrical/controls and construction industries.

He has broad-based, hands-on experience in all facets of industrial construction with a proven track record of breaking down complex and difficult projects into successful manageable pieces and reassembling those parts into a complete and profitable project while maintaining the clients' best interests. Steve has performed site inspections and electrical wiring systems analysis to create as-built drawings and documentation.

Related Project Experience:
► Visalia WWTP
City of Visalia - Water Conservation Plant upgrades - Electrical, instrumentation and controls installation and integration. $23M
>- Farmersville WWTP
Farmersville Wastewater Treatment Facility Expansion and upgrade Project: electrical instrumentation and controls installation and integration. $2M ► Bass Lake Water Co
Construction of a new Surface Water Treat ment Plant for Bass Lake Water Company serving the surrounding communities. $2.27M
TELSTAR* Page 12
Docusign Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
E. WHY TELSTAR SHOULD BE SELECTED FOR THIS ON-CALL WASTEWATER MAINTENANCE CONTRACT We are local. With our Hanford office located within one hour of your plant and electricians living in Visalia, and Hanford, we can offer the City immediate, non-emergency and emergency service and support 24/7. For more than 25 years, we have performed similar on call and emergency contract services to many water and wastewater clients including Cities of Hanford WWTP, Tulare WTP and WWTP, Reedley WWTP, Kern County Sheriff's Office Lerdo Campus WTP and WWTP, Bass Lake Water and WWTP, Oakhurst WWTP and more.

We offer unique, related services. We are a full-service contractor providing civil, mechanical, construction, electrical, instrumentation, programming, and integration services. Telstar employs electricians, Instrument technicians, engineers, programmers, panel builders, welders, laborers, pipe fitters, and civil field staff. This gives the City one single point of contact for all work activities on a task order, without the need to bring multiple firms together for a task requiring multiple disciplines.

Electrical and control panels are engineered by our California registered Engineers, constructed by our Ul508a panel shop, programmed by our programmers, and installed by our California certified electricians.

Telstar works diligently for our customers and one of our primary goals as a company is to provide quality, professional and timely service. Our engineers, mechanics, electricians, instrumentation technicians, professional staff, construction crews and subcontractors are available to complete your task orders on time and within your budgetary constraints. We look forward to working on this contract with your team.

More you should know about Telstar
Te/star is a certified Control Systems Integrator. Telstar holds a CSIA Certification through the Control System Integrators Association. CISA Certification is the gold-seal mark of a professionally managed control system integration business.

Certification reassures clients that the control system integrator is an established, successful professional services firm that wants to develop a successful, long-term partnership with clients. Telstar is also IS NetWorld certified with a grade A standing.
re~ .. ~
CSia

CERTIFIED
Engineering: Telstar's in-house engineering and design staff produce the highest quality designs and validation/documentation to meet the demanding needs for validated electrical and control systems.

These engineering and design services are performed by Telstar's licensed professional engineers, specializing in all aspects of civil, mechanical, electrical, controls, instrumentation, SCADA, radio telemetry systems, power distribution, electrical control systems, gas detection, alarm and data gathering/Information management. Our engineering services include consulting, definition of system requirements, development/execution of complete system, plan and specification writing/reviewing, cost analysis, panel design, PLC hardware and software development/programming and existing system analysis.

Electrical and Predictive Maintenance: Telstar is a state licensed C-10 contractor, performing engineering, installation, infrared scanning, troubleshooting and start-up of all types of industrial and commercial electrical systems from incoming switchgear, power distribution, system control panels, motors, valves, TELSTAR* Page 13
Docuslgn Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
and associated instrumentation. We furnish and install all types and sizes of conduits, wire control panels, motor control centers, switchgear equipment and AC/DC variable motor speed controls (VFDs).

Instrumentation & Controls:_Telstar provides ISA certified field engineers and technicians to validate, calibrate, service, repair, install, commission and start up all types and brands of PLCs, VFDs, process control instrumentation, radio telemetry, and SCADA systems. Telstar also supports chemical feed equipment used for chlorine, S02, stack gas analyzers, and various other chemical control systems.

Control Panel and Motor Control Panel (MCC) Manufacturing: Telstar manufactures custom control panels and motor control centers to UL-SOSA certified standards. Our experienced engineering and design staff will generate detailed panel layout drawings, point-to-point wiring diagrams, bill of materials and complete documentation for every application and process in your facility. We provide complete testing of our panels and manufactured systems go through a rigorous testing procedure including: panel power-up and protective circuit testing, wire continuity testing, 1/0 simulation, operator interface and PLC verification, terminal torque testing, nameplate and wire tagging verification and any other testing required to meet production, manufacturing, clinical and government standards to ensure complete functionality.
24-hour Emergency Service with 2-hour Response Time: Telstar offers 24-hour emergency seven days a week to support all our clients with a guaranteed two- to four-hour response time.

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Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227AnC137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
F. TELSTAR COMPARABLE CONTRACT AND PROJECT EXPERIENCE
In the following section, Telstar provides comparable projects during the last five years that demonstrate our experience.

Project No. 1
Contract Title, Location, On-Call Services for Wastewater Treatment Plant, City of Hanford, CA; Description and Size of 25+ multiyear annual contract, approximately $300,000/year Project Nature of Proposer's Electrical, civil, mechanical, chemical feed, instrumentation Responsibility Start and end date of
Proposer's involvement in 1988-Present
the contract
Names of Proposer's key
personnel Involved in the Konor Meeks, Felipe Martinez, Steve Santellan, Frank Potter contract
Total dollar amount of Approximately $300,000/year contract Name, address, and phone
number of the contract City of Hanford, 900 South 10th Ave, Hanford, CA 93239, (559) 585-2560 owner
Name and address of
Proposer's client if Same as above different from the contract owner
Name and phone number Bob Williams, Utilities Supervisor, (209) 585-2560, of contact person at [email protected] Proposer's client's office.

For more than 25 years, Telstar has provided as-needed services for the City of Hanford to troubleshoot pumps, MCC's, VFDs, and soft starts; and maintain, repair, and replace their booster and well pumps/ motors as required. We provide services to repair/install pumps, pump motors, pump shafts, bearings, and other related repairs. Our certified technicians troubleshoot the pumps, motors, electrical wiring, and control systems. If the pump and/or motor is determined to be defective and needs repair or replacement, we pull the pump and/or motor and service/replace it as required. We have performed many electrical and instrumentation projects. We perform all their chemical feed needs and as needed programming services.

Project No. 2
Contract Title, Location, Annual Contract to Provide Instrumentation and Electrical Services and Chemical Feed Equipment Maintenance and Repair for Wastewater Description and Size of Treatment System, City of Visalia, multiyear annual contract, Project approximately $300,000/year.

Nature of Proposer's As-needed services, electrical, control system, and programming Responsibl lity TELSTAR* Page 15
Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227A77C137 Start and end date of
Proposer's involvement in
the contract
Names of Proposer's key
personnel involved in the
contract
Total dollar amount of
contract
Name, address, and phone
number of the contract
owner
Name and address of
Proposer's client if
different from the contract
owner
Name and phone number
of contact person at
Proposer's client's office.
1985-Present
Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
Konor Meeks, Felipe Martinez, Steve Santellan, Frank Potter Approximately $300,000/year
City of Visalia, 7579 Ave. 288, Visalia, CA 93277. (559) 713-4176 Same as above
Eric Oates, Maintenance Supervisor 559-713-4469
[email protected]
Telstar has provided ongoing as-needed services for the City of Visalia for electrical, control system and programming services for more than 30 years. Under this contract, Telstar provides the City with 24 hour/ 7-day troubleshooting and programming assistance. Telstar is currently providing one full-time technician performing various electrical/ instrumentation, troubleshooting and SCADA programming for the City. Telstar also performs all semi-annual and annual Preventative Maintenance items such as calibrations and equipment IR Scans.

Project No. 3
Contract Title, Location, On-Call Supervisory Control and Data Acquisition (SCADA) Services, City Description and Size of of Tulare, multiyear annual contract, approximately $200,000/year. Project Nature of Proposer's Provide on-call SCADA maintenance and integration services, Responsibility engineering and electrical design and maintenance.

Start and end date of
Proposer's involvement in 2018-Present
the contract
Names of Proposer's key John Gardiner, Ben Herston, Konor Meeks, James Stickler, Brian Byrd, personnel involved in the Suresh Patil, Felipe Martinez contract Total dollar amount of Approximately $200,000/year contract Name, address, and phone
number of the contract City ofTulare, 411 East Kern Avenue, CA 93274. (559) 713-4334 owner
Name and address of
Proposer's client if Same as above different from the contract owner
TELSTAR* Page 16
Docusign Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
Name and phone number Trisha Whitfield, Director of Public Works, (559) 684-4320, of contact person at [email protected] Proposer's client's office.

Telstar provides full electrical service including troubleshooting, repairs, preventative maintenance, modifications, and upgrades to all electrical systems including power distribution, motor control centers, motors, switch gears, etc. Troubleshooting and repairs of electrical equipment, chemical feed systems, and instrumentation are also provided. Telstar also performs instrument/equipment calibrations, weekly, monthly, semi-annually, or as needed. We maintain their SCADA system including back-ups of existing PLC programs, recommend modifications, as-built system assessments and staff product orientation and training.

Telstar was responsible for installing a new security system which included card readers, cameras, gate operators, fence sensors and new lighting throughout the site of approximately five acres. Telstar performed all electrical, trenching, and concrete work.

Project No. 5
Contract Title, Location,
Description and Size of Kern County Water Agency, $1,048,800.00 Project
Nature of Proposer's Construction, civil, mechanical, electrical, instrumentation, Responsibility programming
Start and end date of
Proposer's involvement in July 2019 - June 2020
the contract
Names of Proposer's key
personnel involved in the Konor Meeks, Felipe Martinez, Frank Potter, Steve Santellan contract
Total dollar amount of $1,048,800.00 contract
Name, address, and phone
number of the contract Kern County Water Agency, 3200 Rio Mirada Drive Bakersfield Ca 93308 owner
Name and address of
Proposer's client if Same as above different from the contract owner
Name and phone number Matt Garrison, Engineering and Groundwater Services, of contact person at Proposer's client's office. [email protected]
Kern County Water Agency (Agency) manages essential groundwater in its arid region, monitoring and improving levels and quality through various programs and reports. The Agency contracts with various water districts (CVC Participants) for the construction and operation of the eve. The entire 21.5 mile canal is concrete-lined to minimize water losses. The project consisted of providing all labor, equipment, and materials to deliver and install four (3) 4,160 VAC variable frequency drives, transformers, and associated HVAC at the Cross Valley Canal Pumping Plant No. 3B.

TELSTAR* Page 17
Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227A77C137 G. PROPOSER'S CLAIMS HISTORY
Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department

1. There are no claims, demands for arbitration and/or lawsuits filed by Telstar, predecessor companies or company officers against contract owners or their agents.

2. There are no claims, demands for arbitration and/or lawsuits filed by contract owners, their agents or subcontractors against Telstar, predecessor companies, its agents or bonding company in connection with Telstar, its officers, its agents or bonding company.

H. STATEMENT OF INSURANCE COVERAGE
Telstar affirms the ability to provide coverage of minimum One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers' Compensation Insurance.
at!f:

Signed by Mickie Gardiner, Contract Administrator
TELSTAR* Page 18
Docusign Envelope ID: 4F3D5E32-F9A1-4686-9EC6-70227AnC137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department

SAMPLE PROJECT OUTLINING OUR PROJECT MANAGEMENT PROCESS SID (Solano Irrigation District) Surface Water Treatment Plant Electrical Modernization Design Build Project;
a. SID generated an RFP which required among many items a list of successful completed projects of similar magnitude in the water and wastewater industry. Telstar was ultimately selected to perform the first phase of the project which essentially consisted of the engineering required to purchase new switchgear and MCCs. b. Telstar followed the above listed procedure, developing a detailed priced Scope of Work and CPM schedule and presented this to the Owner within 10 days of project award. c. After the Owner approved the Scope of Work and Project Schedule, engineering started and completed In 90 days, well within the Project Schedule. d. Telstar subsequently obtained equipment and material pricing, allowing it to generate a firm lump-sum price proposal and schedule to perform the electrical and integration installation. This proposal was submitted in timely fashion matching the required schedule date.
e. SID subsequently approved the construction phase of the project and Telstar purchased the equipment and materials. Unfortunately, the project required a major schedule change, as the Owner reversed the order of work due to some unknown mechanical problems which were not part of this Scope of Work.
f. Telstar revised its schedule, changing the order of work to accommodate SI D's change, which extended the project end date by approximately three weeks. Construction work was on schedule and substantially under SID's cost estimate for this project.

Telstar's approach to the various phases of the work process and the steps we utilize to achieve the Scope of Work and deliverables is provided as follows:

A. Detail of Technical Approach

1. Assign Project Manager

2. Clearly define the Scope of Work

3. Generate a written Scope of Work and submit to Owner for review and approval

4. Generate a Schedule and estimated Cost Proposal; submit to Owner for review and approval

5. Assigning engineering staff to the project

6. Develop/modify specifications for purchase and submit to Owner for review and approval

7. Generate project plans; P&ID plans will be initially developed and submitted to Owner for approval
i. Once approved, P&ID plans will be disseminated to all design disciplines. ii. General Arrangement Plans will be generated and submitted to the Owner for approval. Once approved, these plans will be disseminated to all design disciplines.
iii. Project meetings with all design disciplines will be conducted on a periodic basis to ensure that all disciplines are coordinated and on schedule. iv. Generate 60% plans for all design disciplines and submit to Owner for TELSTAR* Page 19
Docusign Envelope ID: 4F3O5E32-F9A1-4686-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department
approval.
v. Generate 90% plans for all design disciplines and submit to Owner for approval.
vi. If project schedule allows time to generate 100% plans, then 100% plans will be generated.

8. The Project Manager provides necessary drawings and specifications to Telstar's Purchasing Department which will be used to acquire competitive quotes for project equipment.

I. Construction Manager will review and request purchase of equipment to Purchasing Department.

9. Issue plans to construction crew; Construction Foreman to generate material list and purchase construction materials.

10. Start construction

11. Conduct construction status meetings as necessary to review construction status and problems.

12. Generate and submit as-built plans and all necessary close-out documents at project completion.

B. Phases of Work

1. Define Scope of Work

2. Design

3. Construction

4. Project closeout
C. Steps to Achieve Scope of Work

1. Review Scope of Work at site meeting with Owner

2. Generate written Scope of Work and submit to Owner for review and approval

3. Generate priced Scope of Work and Project Schedule for submission to the Owner for approval.

D. Deliverables Provided in Each Phase

1. Define deliverables in schedule as milestones and audit/update schedule on weekly or other agreed upon basis.

E. Telstar's capabilities regarding Quality Control and Assurance Procedures

1. Telstar has developed specific policies for all project phases including design work, panel fabrication and construction.

2. All work is audited and signed off/approved by an authorized person not performing the work.

3. Final design/construction plans are approved and stamped by one of our Professional Engineers.

F. Coordination of Design Disciplines

1. All design disciplines are included in weekly design meetings conducted during the design phase of the project.

TELSTAR* Page 20
Docusign Envelope ID: 4F3O5E32-F9A1-4686-9EC6-70227A77C137 Request for Qualifications
Electrical Maintenance for City Facilities
Public Works Department

2. The Project Manager periodically reviews all discipline plans during the design phase to ensure proper coordination
G. Schedule

1. Telstar uses Microsoft Project to develop the Project Schedule. A baseline schedule is typically developed by the Project Manager and is approved by the Owner.

2. An as-built schedule is subsequently maintained by the Project Manager and presented to the Owner at the scheduled periodic meetings.

H. Compliance and Conformance with Program Requirements and Federal/State Code Requirements

1. Telstar's Quality Assurance and Control Plan include requirements to meet Federal and State code requirements as part of the audit program. Additionally, Telstar's design and construction staff routinely verify conformance to Program Requirements and Federal and State Code requirements.

2. The Project Manager routinely audits both design and construction activities to ensure compliance with program requirements.

TELSTAR* Page 21
Docusign Envelope ID: 4F3O5E32-F9A1-4686-9EC6-70227A77C137 Attachment RFQP - 2
"On - Call Electrical Contractor to Provide On-Call General Electrical Setvices and Electrical Maintenance RFQP" - -Sample Agreement
AGREEMENT NO. _____ _

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR'S AGREEMENT (
11Agreement11 ) is made and
entered into on _________ by and between the CITY OF
BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and _______________ a [business type: Sole Proprietorship;
Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as "CONTRACTOR").

RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR is .experienced, well qualified and a specialist in the field of.-------------- NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
(
11Scope of Work"). The Scope of Work shall include all items and procedures necess.ary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work ornot.

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

INDEPENDENT CONTRACTO~'S AGR~MENT - Over $100.000
Updated -August 2025

Page 1 ends

Docusign Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C137 CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.

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

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on ______ (Date).

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten ( 10) days before the termination is effective.

8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply ·with all of the requirements of municipal, state, and federal INDEPENDENT CONTRACTOR'S AGREEMENT - Over $100,000
Updated- August 2025
Page2
Docusign Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227AnC137 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 permitftng requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to- sign on behalf of the entfties and to bind the entities fully to each and all of the obligations set forth in this Agreement.

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
11~ DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
12~ EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

13. EXECUTION. This Agreement is effective upon the date first written above and is. the product of negotiation and all parties are equally responsible for authorship of this Agre.ement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as- are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising .in any way from this Agreement shall be brought in Kern County, California.

INDEPENDENT CONTRACTOR'S AGREEMENT - Over $100,000
Updated -August 2025
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Docuslgn Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227ATTC137

18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, .clahi1s,. actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR Is employees, agents, independent contractors, companies,. or subcontractors in the performance of, or in any way ·arisin_g from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder,. except for CITY's. sole active negligence or willful misconduct.

19. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR'S performance of the Scope of Work as an independent contractor.

20. INSURANCE.

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

20.1.1 Automobile liability Insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death( of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

20.1-.2 Commercial general liablllty 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:

INDEPENDENT CONTRACTOR!S AGREEM~NT - Over $100,000
Updated-August 2025
Page4
Docusign Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C137

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

20.1.2.2 Provide products and completed operations
coverage;

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

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

20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code· Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code .Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
_Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions befote commencing the performance 0.f
the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
prov1s1on. 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 INDE~ENDENT CONTRACTOR'S AGREEMENT -over $100,000
Updated- August 202S Pages
Docusign Envelope ID: 4F3O5E32-F9A1-46B6-9EC6-70227AnC137 not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, ·agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR's insurance and must not
contribute with it.
-20.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY' s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance, otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY's written acceptance. All policies must provide that there will be ·continuing liability thereon, notwithstanding any recovery on any policy.

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

INDEPENDENT CONTRACTOR'S AGREEMENT - Over $100,000
Updated-August 202S
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Docuslgn Envelope ID: 4F3D5E32-F9A1-46B6-9EC6-70227A77C137

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

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one ( 1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one ( l}. partner shall hold the required licensees or professional degrees.

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

27. NOTICES. All notices relat,ive to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actu.dl 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
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $100,000
Updated - August 2025
Page.7
Docusign Envelope ID: 4F305E32-F9A1-4686-9EC6-70227A77C137 CONTRACTOR:

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
Telstar Instruments
4017 Vista Park Court
Sacramento, CA 95834

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

29. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements o.f Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid tha_t is authorized by Section 7029. 1 of the Business and Profes.sions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site_ notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring .and enforcement by the California Department of Industrial Relations.

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California.

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

32. TAX NUMBERS.

CONTRACTOR's Federal Tax ID Number ------- CONTRACTOR is a corporation? Yes ___ No __ _ (Ple.ase check one.)

33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third-party claims relating to this Agreement. CITY IND~PENDENT CONTRACTOR'S AGREEMENT - Over $100,000
Updated -August 202S
Page a

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: October 24, 2025
SUBJECT: Design Consultant Agreement with Provost & Pritchard Engineering Group, Inc. dba. dba Provost & Pritchard Consulting Group ($374,500) for Street Improvements along Panama Lane and South Allen Road (McAllister Ranch Boundary). (Ward 5) RECOMMENDATION:

Staff recommends the approval of the agreement.

BACKGROUND:

The City of Bakersfield was previously in a dispute with Rosedale-Rio Bravo Water Storage District and Buena Vista Water Storage District, who own approximately 2,070 acres of real property located north of Panama Lane and west of South Allen Road, commonly referred to as the James Groundwater Storage and Recovery Project (previously McAllister Ranch). This dispute led to litigation that was filed in Kern County Superior Court. Eventually, the City of Bakersfield and Rosedale-Rio Bravo Water Storage District and Buena Vista Water Storage District reached a settlement agreement in the amount of $4,500,000 for various roadway improvements along Panama Lane and South Allen Road.

The purpose of this project is to construct full width roadway improvements along Panama Lane and South Allen Road. The project will include new curb & gutter, sidewalk, pavement, street lighting, storm drain improvements, pavement striping & markings, and various other improvements to construct a roadway to meet current City standards.

The City issued a Request for Proposal to firms already prequalified and part of the Public Works Department’s Library of Consultants. The firms targeted were those qualified under Transportation and Civil Engineering with relevant experience in roadway improvements. Public Works staff determined Provost & Pritchard was the most qualified firm for this project. Based on the firm’s qualifications and fee proposal being favorable to the City, staff recommends award of the design consultant agreement to Provost & Pritchard.

Given the size and scope involved with this project, this is a multi-year project. Although funding for construction is currently budgeted, the design will be completed over FY 25-26 and construction will proceed in FY 26-27.

FISCAL IMPACT:

The design for this project is fully funded through Capital Outlay Funds (COF). There are sufficient funds available for the award of this design consultant agreement to cover the design phase.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: December 4, 2025
SUBJECT: Agreement with Silvas Oil Company, Inc. (not to exceed $1,500,000) for providing bobtail/partial truck load quantities of gasoline and diesel fuels.

RECOMMENDATION:

Staff recommend approval of the agreement.

BACKGROUND:

Silvas Oil Company, Inc. has been providing fuel supply and delivery services for the City of Bakersfield since 2023. The City and Silvas Oil Company, Inc. entered into Agreement No. 2023-303 on December 13, 2023, for the Annual Contract for Fuel Supply and Delivery Services in the amount of $1,550,000 with an initial one (1) year term and options to renew annually for four (4) consecutive one-year periods upon mutually agreeable terms.

Per the terms of Agreement No. 2023-303, two amendments increasing the contract and/or extending the contract have been approved as follows:
 Amendment 1 approved November 20, 2024; increased compensation by $1,500,000 for a revised not to exceed amount of $3,050,000 and extended term by one year to December 12, 2025.  Amendment 2 approved June 11, 2025; expanded scope of work to include the supply of renewable fuel type R99 or R100 as mandated by the California Air Resources Board (CARB).

Both parties mutually agree to renew the term of Agreement 2023-303, but the Agreement inadvertently expired on December 12, 2025, before additional extensions were executed.

Both parties desire to execute a new one-year agreement in the amount of $1,500,000, which would expire December 12, 2026, to continue the supply of fuel and delivery services without the need for a new request for bid proposal since additional extensions were allowed and anticipated per the terms of Agreement No. 2023-303.

FISCAL IMPACT:

Funds are budgeted in the Equipment Management Fund for this contract.

COUNCIL GOAL:

Innovative and Efficient City Government
Reliable Infrastructure
ATTACHMENTS:

1. Partially Signed Agreement (New)

2. Original Bid Response Documents Bid No. 23-24-42

3. Agreement No. 2023-303

4. Amendment No. 1 to Agreement No. 2023-303

5. Amendment No. 2 to Agreement No. 2023-303

AGREEMENT NO.

C23-- 03

INDEPENDENT CONTRACTOR' S AGREEMENT
This INDEPENDENT CONTRACTOR' S AGREEMENT (" Agreement") is made and entered into on DEr 13 2123 , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and SILVAS OIL COMPANY, INC., a Corporation authorized to do business in California (" CONTRACTOR" herein).

RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of fuel supply and delivery; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill an Annual Contract for Fuel- Bobtail/ Partial Loads, Bid No. 23- 24- 42 (" Project" herein) for a one year initial period beginning upon execution; renewable annually thereafter for four 4) consecutive one- year periods at the City' s option and upon mutually agreeable terms.

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

1. SCOPE OF WORK. The scope of work to be performed consists, in general, of providing an Annual Contract for Fuel- Bobtail/ Partial Loads, Bid No. 23- 24- 42 (" Project" herein).

The scope of work is described as providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 23- 24- 42 and any addenda thereto, all incorporated as though fully set forth herein. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. The following shall be deemed to be part of this Agreement as if fully set forth herein:

1. 1 The following shall be deemed to be part of this Agreement as if fully set forth herein:

1. 1. 1 Invitation to Bid No. 23- 24- 42

1. 1. 2 Special Provisions

1. 1. 3 Bid Proposal

1. 1. 4 Bid Security eAKL,,

1. 1. 5 Non -collusion affidavit
T

INDEPENDENT CONTRACTOR' S AGREEMENT
OR!GINAL
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Page 1 of 10 ends

1. 1. 6 Workers Compensation Insurance Certification

1. 1. 7 Statement of OSHA Compliance

1. 1. 8 Bidders Statement Regarding Insurance Certificate

1. 1. 9 Letters of transmittal, if any

1. 1. 10 All provisions required by law to be inserted in this Agreement whether actually inserted or not

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 FIVE HUNDRED FIFTY THOUSAND DOLLARS ($ 1, 550, 000) in accordance with the bid documents.

The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes.

CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty ( 30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice.

4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. 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 in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY.

5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY.

6. 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.

7. 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 F— in
U rINDEPENDENT CONTRACTOR' S AGREEMENT
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party' s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees.

9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California.

10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($ 40, 000. 00), such modification must be approved by the City Council.

11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

12. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one ( 1) year from execution of the Agreement, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable annually thereafter for four ( 4) consecutive one- year periods.

Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield.

13. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default.

The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten ( 10) days of notice from CITY. If said breach cannot reasonably be cured within ten ( 10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) CONTRACTOR makes an assignment either in whole or in part, without the written

INDEPENDENT CONTRACTOR' S AGREEMENT
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ORIGINe
consent of the City shall be cause for the City to immediately terminate the agreement for default.

14. 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.

15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR 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.

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

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

18. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance (" basic insurance requirements") herein:

18. 1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1, 000, 000) per occurrence; and the policy shall:

18. 1. 1 Provide coverage for owned, non -owned and hired autos.

18. 2 Broad form commercial cieneral liability insurance, unless otherwise approved by the 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 One Million Dollars ($ 1, 000, 000) per occurrence; and the

INDEPENDENT CONTRACTOR' S AGREEMENT
SAPurchasing\ PORCH\ Olimpia - Main\ Agreements 23- 24WC- Fuel bobtail partial loads, 23- 24- 42, Silvas Oil Co. docx OF/ December 13, 2023

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ORIGINO
policy shall:

18. 2. 1 Provide contractual liability coverage for the terms of this Agreement.

18. 2. 2 Provide products and completed operations
coverage.

18. 2. 3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.

18. 3 Workers' compensation insurance with statutory limits and employer' s liability insurance with limits of not less than One Million Dollars 1, 000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers.

18. 4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR' s insurance and shall not contribute with it.

18. 5 Except for workers' compensation, insurance is to be placed with insurers with a Best' s rating as approved by CITY' s Risk Manager, but in no event less than A-: VII. Any deductibles, self -insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A-:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing.

18. 6 Unless otherwise approved by CITY' s Risk Manager, all policies shall contain an endorsement providing the CITY with thirty ( 30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.

18. 7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.

18. 8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided

INDEPENDENT CONTRACTOR' S AGREEMENT
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prior to the execution of this Agreement.

18. 9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.

18. 10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement.

18. 11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the " basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR.

18. 12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY.

CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement.

19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

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

21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

INDEPENDENT CONTRACTOR' S AGREEMENT
SAPurchasing\ PURCI- 1\ 01impia - MaiMiAgreements 23- 24AC- Fuel bobtail partial loads, 23- 24- 42, Silvas Oil Co. docx OF/ December 13, 2023

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ORIGINAL'

22. 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 NORTH
1600 Truxtun Avenue
Bakersfield, CA 93301
CONTRACTOR: SILVAS OIL COMPANY, INC.

PO BOX 1048
Fresno, CA 93714
559- 233- 5171 / 559- 233- 8562 ( FAX)

23. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

24. 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.

25. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement ( including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties.

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

INDEPENDENT CONTRACTOR' S AGREEMENT
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27. 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 the property of the CITY.

28. 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 said records shall be made available to CITY representatives upon request at any time during regular business hours.

29. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

30. TAX NUMBERS.

CONTRACTOR' s Federal Tax ID Number 95- 3376396
CONTRACTOR is a corporation? Yes X No
Please check one.)

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

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

INDEPENDENT CONTRACTOR' S AGREEMENT
SAPurchasing\ PURCH\ Olimpia - MaiMAgreements 23- 24\ AC- Fuel bobtail partial loads, 23- 24- 42, Silvas Oil Co. docx OF/ December 13, 2023

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

CITY"

CITY OF BAKERS LD
By:

KAREN GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:
i -_?

JOSHUA H RUDNICK
Deputy City Attorney
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By: Al L

GREGG STRAKALUSE
Public Works Director
CONTRACTOR"
SILVAS OIL COMPANY, INC.

By: --
Print Name: y N / \.'
Title: /" f. i4, fi'
Insurance:

INDEPENDENT CONTRACTOR' S AGREEMENT
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COUNTERSIGNED:

By:

VAI& Y M EEGAN
Finance Director
Attachment: Exhibits

INDEPENDENT CONTRACTOR' S AGREEMENT
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AFr I*
CERTIFICATE OFLIABILITY INSURANCE FDATE ( MM/ DDIYYYY) 12/ 04/ 2023 THIS
CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES

NOT AFFIRMATIVELY ORNEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW, THIS CERTIFICATE OFINSURANCE

DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:

Ifthe 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 elldorsement( s). PRODUCER

NAME CT CLIENT CONTACT CENTER FEDERATED

MUTUAL INSURANCE COMPANY HOME
OFFICE: P.O. BOX 328 PHONE
Fax A/
C, No, Eat): 888- 333- 4949 (A/ C, No): 507- 446-4664 ADORE MN CLIENTCONTACTCENTER FEDINS. COM CNVATONNA, 55060 INSURERS AFFORDING COVERAGE _ _ NAIC JJ_ 13935
A:FEDERATED MUTUAL INSURANCE COMPANY INSURED INSURER
037- 103-9INSURER 9: INSURER
OIL C: SILVAS COMPANY INC, PENCE PETROLEUM CO INC PO
BOX 1048 INSURER
CA D: FRESNO, 93714- 1048 INSURER
E: INSURER
F: COVERAGES CERTIFICATE NUMBER: 149 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POUCIES 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. IN

TYPE OF INSURANCE ADDL SUER POLICY NUMBER OLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000 CLAIMS - MADE OCCUR AMAOE TO ELATED PREMISES 100, 000 MED
Y
EXP (Any one person) EXCLUDED A
Y 9370720 08/ 01/ 2023 08/ 01/ 2024 PERSONAL SADV INJURY 1 000 O00GENL AGGREGATE LIMIT APPUES PER: X
POLICY M a. I
GENERAL AGGREGATE 2. 000, 000 PRODUCTS
S COMPIOP AGO 2, 000, 000 OTHER:

AUTOMOBILE
LIABILITY - OMBINED SINGLE LIMIT Ea
auidenp 1, 000, 000 BODILY
INJURY IPer Peron) ANED

TYAUTO AUTOS UMBRELLA LAB
ONLY

ONLYISSUFEDULED
X
AUTTO0035Y
N
OCCUR
NLV
EACH
X
N 9370720 08/ 01/ 2023 08/ 01/ 2024 BODILY

OCCURRENCE
INJURY
AcRidenO E
10,
IPer AccidenilED

AUTOS F
000, 000 A
EXCESS LIAR f"' MS- MADE N N 9370721 08/ 01/ 2023 08/ 01/ 2024 AOOREOATE 10, 000, 000 DED

RETENTION WORKERS

COMPENSATION AND

EMPLOYERS' LIABILITY I
ANY

PROPRIETORIPARTNERI EXECUTIVE OFFICER/
MEMBER EXCLUDED? N/ A PER
STATUTE DTHER E.

L EACH ACCIDENT E.
in L DISEASE fA EMPLOYEE IMendalory NHI It
yes, describe under E.

OF L DISEASE - POLICY LIMIT DESCRIPTION OPERATIONS below DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached it more space is requiredl SEE

ATTACHED PAGE CERTIFICATE
HOLDER CANCELLATION 037-
103- 9 CITY
OF BAKERSFIELD 1501

TRUXTUN AVE BAKERSFIELD,
CA 93301- 5201 14961 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED

REPRESENTATIVE O
1988- 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ox K4;
9 m
CR!
GIv + 6
AGENCY CUSTOMER ID: 037- 103- 9
LOC #:

ADDITIONAL REMARKS SCHEDULE
AGENCY

FEDERATED MUTUAL INSURANCE COMPANY

POLICY NUMBER
SEE CERTIFICATE # 149.6

CARRIER
SEE CERTIFICATE # 149.6

ADDITIONAL REMARKS

Page 1 ends

NAMED INSURED

SILVAS OIL COMPANY INC, PENCE PETROLEUM CO INC
PO BOX 1048
FRESNO, CA 93714- 1046
NAIC CODE EFFECTIVE DATE' SEE CERTIFICATE # 149.6

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE -OF LABILITY INSURANCE

ADDITIONAL NAMED INSUREDS INCLUDE

WHOLESALE FUELS

GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)

AUTOMATIC ENDORSEMENT
ADDITIONAL INSUREDS ALSO INCLUDE THE CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES 8

DESIGNATED VOLUNTEERS
FOR REASONS OTHER THAN NON- PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATEHOLDER IN THE

EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.

The ACORD name and logo are registered marks of ACORD
00SIG NAL
pl UpelLy Ualnaye UI perwllai aim aaverLisnly properLy aamage- occurring aver:
injury" caused, in whole or in part, by: 1. All work, including materials, parts or

1. Your acts or omissions; or equipment furnished in connection with such

2. The acts or omissions of those acting on vour work, on the project ( other than service, POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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 Or anization( s): Location( s) Of Covered Operations City of Bakersfield Any Coverage Provided by This Endorsement Risk Management Applies Only to the Delivery of Fuel for the 1501 Truxtun Ave Certificate Holder. the City of Bakersfield, Bakersfield, CA 93301- 5201 its Mayor, Council, Officers, Agents, Employees & Designated Volunteers Are Also
Listed As Additional Insureds.

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",
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.

CG 20 10 12 19
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.

Insurance Services Office, Inc., 2018
Policy Number: 9370720
rr
Page
Transaction Effective Date: 08/ 01/ 2023
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
Insured:

Silvas Oil Company Inc
PO Box 1048
Fresno, CA 93714- 1048

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

This endorsement shall
applicable limits of insurance.

Page 2 of 2 ends

CG 20 10 12 19 Policy Number: 9370720
not increase the
o
PKe,7,
u
it
r
ORIG1Nati
Transaction Effective Date: 08/ 01/ 2023

COMMERCIAL GENERAL LIABILITY
CG24531219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION) -

AUTOMATIC
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV - Conditions:

We waive any right of recovery against any person or
organization, because of any payment we make under
this Coverage Part, to whom the insured has waived
its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
extent that the insured has waived its right of recovery against such person or organization prior to loss.
04y
b

4.n
nR4Gtt' d.

Insurance Services Office, Inc., 2018 Page 1 of 1
CG 24 53 12 19 Policy Number. 9370720 Transaction Effective Date: 08/ 01/ 2023 s
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 11 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be
otherwise due.

Person or Organization

ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH

THIS WAIVER,

CALIFORNIA
OPERATIONS ONLY.
2 % of the total California Workers' Compensation premium Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/ 01/ 2023 Policy No. WPL 5027502 09 Insured SILVAS OIL CO INC
Insurance Company INSURANCE COMPANY OF THE WEST
WC 99 06 34
Ed. 8- 00)
Countersigned By
Endorsement No.

Premium $ INCL .

OPK a
vOR1GtNA

INSURED
AGREEMENT NO. 2023- 303( 1)
AMENDMENT NO. [ 1 ] TO
AGREEMENT NO. 2023- 303
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2023- 303 is made and entered into on Nov 7 0 2t1? 4 by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as " CITY"), and SILVAS OIL COMPANY, INC., a Corporation authorized to do business in California ( referred to herein as CONTRACTOR").

RECITALS
WHEREAS, on December 13, 2023, the CITY and CONTRACTOR entered into Agreement No. 2023- 303 in the amount of $1, 550, 000 for fuel supply and delivery; and
WHEREAS, the parties desire to enter into Amendment No. 1 to Agreement No. 2023-303 to extend the term of the agreement by one year and increase compensation by $ 1, 500, 000 to continue the service for fuel supply and delivery.

NOW;-=THfREFORE, incorporating the -foregoing recitals ---herein, CITY and` - -- CONTRACTOR mutually agree as follows:

1. Section 2 of Agreement No. 2023- 303 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 THREE MILLION FIFTY THOUSAND DOLLARS ($ 3,050, 000) in accordance with the bid documents.

The compensation set forth in this section. shall be the total compensation under this. Agreement including, but not limited to, all out-of-pocket costs and taxes.

CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.

2. Section 12 of Agreement No. 2023- 303 entitled " TERM" is hereby amended to read as follows:

12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one ( 1) year term beginning December 13, 2024. The agreement shall be renewable for three ( 3) consecutive one-year periods at -the City' s option and upon mutually agreeable terms.

Page 1 of 3 ends

m
OoRIGI°VO
6 3. Except as amended herein, all provisions of Agreement No. 2023-303 shall remain in full force and effect. -
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. one ( 1) to Agreement No. 2023-303 to be executed the day and year first above written.

CITY

CITY OF BAKERSFIELD
By:

KAREN GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
ylSHVeSputyUA H. RUDNICKK
City Attorney
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:

AC MEYER
Acting Public Works Director
CONTRACTOR"
SILVAS OIL COMPANY, INC.

By:

Print Name: 4 /" s
Title: % c 5 :. c.'
q, NKt

Page 2 of 3 ends

m v
vORIG4NF. l.

COUNTERSIGNED:

By:

RXNEWMcfPEGAN
Finance' Director
Insurance Approved by
Risk Management:

Page 3 of 3 ends

m
tz:

Q
ORIGIW
A` cow - DATE, IMMIDD/ YYYY).

LJ CERTIFICATE OF LIABILITY -INSURANCE F10/3112024.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPOMTHE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BYTHE. POLICIES BELOW. THIS CERTIFICATE OFINSURANCE

DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING, INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:

If the certificate holder is, an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, ' subject to the terms and conditions of the policy, certain policies may, require an endorsement, Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER

FEDERATED
MUTUAL INSURANCE. COMPANY HOME
OFFICE: P.O. BOX 328 OWATONNA, MN' S5060 NAME:

CLIENT CONTACT CENTER A/
C, No, Exti: 868- 333- 4949 1 IMP. No): 507- 446. 4664 AIL CLIENTCONTACTCENTER® ADDRESS: FEDINS. COM INSURERS'
AFFORDINGCOVERAGE _ NAIC/ 1 INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED SILVAS
OIL COMPANY INC, PENCE PETROLEUMrCO INC PO
BOX 1046 FRESNO,
CA 93714- 1048 INSURER
B: INSURER
C: INSURER
D: INSURER
E: INSURER
F: VVVGRn_.

NGm IiriMms;" umocK: i4 11CVIAIUr1 IVUMUCK: N 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 BYTHE POLICIES. DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR

TYPE OF INSURANCE IANDSR SOU IBDR POLICY NUMBER MMIDDNVV MMIO IYEXP YYYLIMITS A X

COMMERCIAL GENERAL LIABILITY - CLAIMS -

MADE X OCCUR Y
Y 9370720 08101/ 2024 08/ 01/ 2025 EACH
OCCURRENCE 1, 000, 000 EAMAGE
TO100,ccurrenceFMENTED PREMISES o 000 MEP
EXP (any on. person) EXCLUDED' PERSONALS
ADV INJURY 1, 000000 GENL
AOOREOATE— ILIMIT PER: APPLIES POLICY. IX
GEC - LOG, OTNER: w -

GENERAL
AGGREGATE.
2,000 ODO PRODUCTS4 COMPIOP
ACC 2,000, 000- A• AUTOMOBILE

LIABILITY
X ANYAUTO-. -

OWNED AUTOS

ONLY ABUTEOSDULED HIRED AUTOS
OWNLY NON -OWNED. AUTOS NONLY N
9370720 08/ 01/ 2024 05/ 01/ 2025 COMBINED SINGLE
LIMIT Es ccident)
1, 000, 0 BODILY INJURY (
Per Person) BODILY INJURY (
Per Accident) PROPERTY DAMAGE
I (Per
Acciderril A` X

UMBRELLA
LIAB EXcrsSLIAe X
OCCUR

CLAIMS - MADE'
N N 9370T21 08/ 01/ 2024 08/ 01/ 2025 EACH OCCURRENCE.. 10,000, 000 AGGREGATE 10,
000, 000 DED I '

RETENTION WORKERS COMPENSATION- -

AND EMPLOYERS'

LIABILITY YIN ANY PROPRIETOR/
PARTNERtEXECUTIVE OFFICERIMEMBER EXCLUDED?
Mandatory In
NH) _ If yea,
describe under DESCRIPTION OF
OPERATIONS below. NIA PER
STATUTE:

OTHER E: LEACH
ACCIDENT ' E.I.

DISEASE EA EMPLOYEE - E.L
DISEASE • POLICY LIMIT DESCRIPTION OF
OPERATIONS ILOCATIONS IVEHICLE$ (ACORD 101, Additional Remarks Schedule, maybe attached It more space Isrequlred) - - - SEE ATTACHED

PAGE CERTIFICATE HOLDER

CANCELLATION' CITY OFBAKERS
FIELD 1501TRUXTUN
AVE 1498 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BAKERSFIELD, CA 93301- 5201 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL - BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988. 2015
ACORD CORPORATION. All rights reserved. ACORD 25 (
2016103) The ACORD name and logo are registered marks of ACORD Y 0ORIGRNF L

FEDERATED
lNSURANCEv
Dear Policyholder,
Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document( s) have been issued or updated.

Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at:

E- mail: clientcontactcenter( 2fedins. com
Phone: 1- 888- 333- 4949
Fax: 507- 446- 4664
Thank you for your business!
Client Contact Center
Enclosed:

Certificate Document( s)
MISC- 0829 ( 03- 22)
AGENCY CUSTOMER ID:

AC RO LOC #:

1. ADDITIONAL REMARKS SCHEDULE Page 1

AGENCY NAMEDINSURED -

FEDERATED MUTUAL INSURANCE COMPANY SILVAS OIL COMPANY INC, PENCE PETROLEUM CO INC PO BOX 1048
POLICY NUMBER FRESNO, CA 93714- 1048
SEE CERTIFICATE # 149. 8
CARRIER NAIC CODE EFFECTIVE DATE: SEE CERTIFICATE # 149. 8 SEE CERTIFICATE N 149. 8

ADDITIONAL REMARKS
THIS ADDITIONAL. REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE

ADDITIONAL NAMED INSUREDS INCLUDE

WHOLESALE FUELS

GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF' RECOVERY AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)

AUTOMATIC ENDORSEMENT

THE CITY IS NAMED AS ADDITIONAL INSURED FOR ALL LIABILITY ARISING OUT OF THE OPERATIONS BY OR ON BEHALF THE NAMED

INSURED,, AND THISPOLICYPROTECTS THE ADDITIONAL INSURED, ITS OFFICERS, APPOINTED AND ELECTED OFFICIALS, AGENTS, EMPLOYEES

AND VOLUNTEERS AGAINST LIABILITY FOR BODILY INJURIES, DEATHS OR PROPERTY DAMAGE OR DESTRUCTION ARISING IN ANY RESPECT DIRECTLY OR INDIRECTLY IN THE PERFORMANCE OF THE CONTRACT. THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO IMPAIR THE RIGHTS OF ONE INSURED AGAINST ANOTHER INSURED AND THE COVERAGES AFFORDED SHALL APPLY AS. THOUGH SEPARATE POLICIES" HAVE BEEN ISSUED TO EACH INSURED. THE INSURANCE PROVIDED HEREIN IS PRI14ARY AND NO INSURANCE HELD OR OWNED BY THE CITY SHALL BE CALLED UPON TO CONTRIBUTE TO A LOSS. THIS POLICY DOES NOT EXCLUDE EXPLOSION,

COLLAPSE, UNDERGROUND EXCAVATION HAZARD OR REMOVAL OF LATERAL SUPPORT, THE

CERTIFICATE HOLDER IS AN' ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS ENDORSEMENT. GENERAL LIABILITY CONTAINS CG 25 03, DESIGNATED CONSTRUCTION PROJECT( S) GENERAL AGGREGATE LIMIT ENDORSEMENT. FOR REASONS OTHER THAN NON- PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insuranceprovided under the following: COMMERCIAL

GENERAL LIABILITY COVERAGE PART LIQUOR

LIABILITY COVERAGE PART PRODUCTS/
COMPLETED OPERATIONS LIABILITY COVERAGE PART The
following is added to the Other Insurance Condition
and supersedes any provision to the contrary:

Primary
And Noncontributory Insurance This
insurance is primary to and will not seek contribution
from any other insurance available to an
additional insured under your policy provided that:
1)
The additional insured is a Named Insured under
such other insurance; and 2)
You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from
any other insurance available to the additional
insured. Insurance
Services Office, Inc., 2018 Page 1of1 CG
20 01 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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 City of Bakersfield Any Coverage Provided by This Endorsement Office of Risk Management Applies Only to the Delivery of Fuel to the 1600 Truxtun Ave Certholder
Bakersfield, CA 93301- 5141
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",
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

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:

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.

Insurance Services Office, Inc., 2018
u
y
m
ORI& N°
o

Page 1 of 2 ends

CG 20 10 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - 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
Insured:

Silvas Oil Company Inc
PO Box 1048
Fresno, CA' 93714- 1048

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

This endorsement shall not increase the
applicable limits of insurance.

Page 2 of 2 ends

CG 20 10 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
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

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations amity of Bakersfield
3ffice of Risk. Management
1600 Truxtun Ave
3akersfield, CA 93301- 5141
y Coverage Provided by This
dorsement Applies Only to the Delivery
Fuel to the Certholder
lInformation 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

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 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.

Insured:

Silvas Oil Company Inc
PO Box 1048
Fresno, CA 93714- 1048
N`
vq
OFIGINAl
Insurance Services Office, Inc., 2018 Page 1 of 1
CG 20 37 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024

COMMERCIAL GENERAL LIABILITY
CG24531219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION) -

AUTOMATIC
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV Conditions:

Insurance Services Office, Inc., 2018 Page 1 of 1
CG 24 53 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 25. 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED : CONSTRUCTION PROJECT( S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:.

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project( s):

Any Coverage Provided by This Endorsement Applies Only to the Delivery of Fuel for the Certificate Holder. the City of Bakersfield, its Mayor, Council,, Officers, Agents, Employees & Designated Volunteers Are Also Listed As Additional Insureds.

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

A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical occurrences" under Section t - Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under. Section I - Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated. construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: s-_ I dhe"; - e- u_e ariv - i=-r sere g--Zhed

1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated- construction project designated construction project, and that Limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To

2. The Designated Construction Project General You and Medical Expense continue to apply.

Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of " bodilyinjury" or Declarations, such limits will be subject tothe property damage" included in the " products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit. expenses under Coverage Cregardless of the number
of: a.

Insureds; b.

Claims made or "suits" brought; or c.

Persons or organizations making claims or
bringing " suits". r
90RIGINP.

L CG
25 03 05 09 O Insurance Services Office, Inc., 2008 Page 1of 2 B. For all sums which the insured becomes legally
obligated to pay as damages caused by
occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section 1 - Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above: `

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount. available
under the General Aggregate Limit or the
Products - completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.

C. When coverage for liability arising out of the
products -completed operations hazard" is
provided, any payments for damages because of
bodily injury" or "' property damage" included in
the " products - completed operations hazard" will
reduce the Products -completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting
parties deviate from plans, blueprints, designs,
specifications or timetables, the project will. still
be deemed to be the same construction project.

E. The provisions of Section III - Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated.

Page 2 of 2 ends

Federated Mutual Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE, READ IT CAREFULLY.

LIMITED AMENDMENT OF CANCELLATION PROVISIONS
All Coverage Parts included in this policy are subject to the following conditions:

If we cancel this .policy, we will mail advance .notice to the person( s) or organization( s) as shown in the Schedule.

SCHEDULE
Name and Address of Person( s) Or Organization( s):

City of Bakersfield
Attn Ins Dept
1501 Truxtun Ave
Bakersfield, CA 93301
Number of days advance notice for any reason, other than non-payment of premium: 3 0 Number of days advanced notice for non-payment of premium: See Common Policy Conditions Insured: Silvas Oil CompanyInc PO
Box 1048 Fresno,
CA 93714- 1048 m
Includes
copyrighted material ofInsurance Services Office, Inc., with its permission. OPIGINAL ILF- 50 ( 04- 13) Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 ACoR ` CERTIFICATE OF LIABILITY INSURANCE DAT9/ 11IZO2N4 Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER - -
Andreini & Company
220 West 20th Avenue
San Mateo CA 94403
CONTACT _ - ---
NAME: Vicki Davison
PHONE
c o E • 650- 573- 1111 (, FAX A, cC. No): 650- 378- 4361 E- RESS: vdavison@andreini. com `
INSURERS) AFFORDING COVERAGE .. NAIC# '
License#: OK78680 INSURER A: Insurance Company of the. West _ - 27847 INSURED SILVA- 3 INSURER B : . -
Silvas Oil Company Inc.

P. O. Box 1048 INSURER C :

Fresno CA 93714- 1048 INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 540581768 REVISION NUMBER:

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

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

I R TYPE OF INSURANCE

ADDL SU

D POLICY NUMBER MMIDD/ YYYY MM/ DDIIYYYY LIMITS'

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS - MADE OCCUR
DAMAGE
S(
RENTED
PREMISES Ea occurrence)
MED EXP ( Any one person)

PERSONAL & ADV INJURY
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY - JECT PRO ElLOC PRODUCTS - COMP/ OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person) ANY AUTO

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY ( Per accident)
HIRED. _ NON -OWNED

AUTOS ONLY AUTOS ONLY

PROPERTY DAMAGE
Per accident
UMBRELLALAB OCCUR EACH OCCURRENCE. HCLAIMS- MADE AGGREGATE EXCESS LIAB DED I I RETENTION $ .

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
Y WPL502750210 10/ 1/ 2024 10/ 1/ 2025 X

PER OTH--

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT 1, 000, 000 OFFICER/ MEMBER EXCLUDED? NIA
Mandatory in NH) E. L. DISEASE - EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DI -;EASE- POLICY LIMIT 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BID No. 23- 24- 42 A/ C Fuel
Waiver Endt Form - # WC990634 applies as per attached.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield

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

Purchasing Division
1600 Truxtun Ave
Second Floor
Bakersfield CA 93301

AUT ORIZED REPRESENTATIVE
Ir
li
1988- 2015 ACORD CORPORATION. All rigfwrsryryerved.
4O1 ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD ® ^ a
RICIM4, Ir
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8-00)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be
otherwise due.

Person or Organization

ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH

THIS WAIVER,

The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/ 01/ 2024 Policy No. WPL 5027502 10 Endorsement No.

Insured SILVAS OIL CO INC
Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By
WC 99 06 34
Ed. 8- 00)
Premium $ INCL .

INSURED 0 0
ORIGI° F•L
AGREEMENT NO. 2023- 303( 2)
AMENDMENT NO. [ 21 TO
AGREEMENT NO. 2023- 303
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 2023- 303 is made and entered into on JUN 1 1 2025 by and between the CITY OF BAKERSFIELD, a municipal corporation ( referred to herein as " CITY"), and SILVAS OIL COMPANY, INC., a Corporation authorized to do business in California -( referred to herein as CONTRACTOR").

RECITALS
WHEREAS, on December 13, 2023, the CITY and CONTRACTOR entered into Agreement No.- 2023- 303 in the amount of $ 1, 550, 000 for diesel fuel- supply and delivery; and
WHEREAS, on November 20, 2024, Council approved Amendment No. 1 to Agreement No. 2023- 303 to extend the term of the Agreement by one year and increase compensation by $ 1, 500, 000 for a total compensation amount not to exceed $ 3, 050, 000 to continue the service for fuel supply and delivery; and WHEREAS, the diesel Juel furnished under this contract shall meet, and conform to, the California Air Resources Board ( CARB) for vehicles subject to the.

In -Use Off -Road Diesel -Fueled Fleets Regulation; and WHEREAS, recent amendments approved by CARB to section 2449. 1( f) of the In -Use Off -Road Diesel -Fueled Fleets Regulation require all California fleets to procure and only use R99 or R100 renewable diesel fuel in vehicles subject to the In -Use Off -Road Diesel -Fueled Fleets Regulation beginning January 1, 2024; and WHEREAS, the City and Contractor entered into Agreement No. 2023-303 on December 13, 2023, before receiving notice of the requirement to use R99 or R100 renewable diesel fuel in vehicles subject to the In -Use Off -Road Diesel -Fueled Fleets Regulation beginning January 1, 2024; and
WHEREAS, the parties desire to enter into Amendment No. 2 to Agreement No. 2023- 303 to expand the scope of work to add additional fuel type R99 or RI 00 renewable fuel for delivery to two existing locations operating vehicles subject to In -Use Off -Road Diesel -Fueled Fleets Regulation at the same price bid originally for Diesel Ultra -Low Sulfur Red -Dyed.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: (. PIS
c71
m

Page 1 of 3 ends

0RIGINP L

1. Section 1 of Agreement No. 2023- 303 entitled " SCOPE OF WORK" is hereby amended to read as follows:

1. SCOPE OF WORK. The scope of work is described as providing an Annual Contract for Fuel- Bobtail/ Partial Loads to fulfill the requirements of Bid No. 23-24-42 and any addenda thereto, all incorporated as though fully set forth herein. CONTRACTOR shall begin to supply and deliver R99 renewable fuel to two existing locations:

Location:

Service Trucks ( 2)
Wood Waste Facility
Address:
4101 Truxtun Avenue
2600 S Mt. Vernon
Annual Quantity:
15, 000 Gallons
75, 000 Gallons

1. 1 The following shall be deemed to be part of this Agreement as if fully set forth herein:

1. 1. 1 Invitation to Bid No. 23- 24- 42

1. 1. 2 Special Provisions

1. 1. 3 Bid Proposal

1. 1. 4 Bid Security

1. 1. 5 Non -collusion affidavit

1. 1. 6 Workers Compensation Insurance Certification

1. 1. 7 Statement of OSHA Compliance

1. 1. 8 Bidders Statement Regarding Insurance Certificate

1. 1. 9 Letters of transmittal, if any

1. 1. 10 All provisions required by law to be inserted in this Agreement whether actually inserted or not

2. Except as amended herein, all provisions of Agreement No. 2023- 303 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023- 303 to be executed the day and year first above written.

CITY"

CITY OF BAKER IELD
By:

KAREN GOH
Mayor
CONTRACTOR"
SILVAS OIL COMPANY, INC.

By: CD Izi
Print Name: . v . S. l 1
Title: 041s,

Page 2 of 3 ends

4 ,
NK,
U9
M
oRIGINAL
f
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

ASHLEY" MBRANO
Deputy City Attorney
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:

ACHARY YER
Public Works Director
COUNTERSIGNED:

By: ---di
R DY cKEEGAN
Finance Director
Insurance Approved by
Risk Management:

Page 3 of 3 ends

o
6P K,
U
oRIGIWILI ,
i I 1 a
a
CERTIFICATE OF LIABILITY INSURANCE 7TE(MM/ DD/ YYYY)
06/ 11/ 2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT. CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ' CERTIFICATE HOLDER:

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the po(Icy(les) must have ADDITIONAL INSURED provisions or, he endorsed. If SUBROGATION' IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights, to the certificate holder in lieu of such endorsement( s).

PRODUCER NAME: CLIENT CONTACT CENTER

FEDERATED MUTUAL INSURANCE COMPANY
HOME OFFICE: P. O. BOX 328 A/ C, No, Ext): 888- 333-4949 ( A/ C, No): 507- 446- 4664 OWATONNA; MN 55060 ADDRESS: AIL CLIENTCONTACTCENTER@FEDINS. COM INSURERS AFFORDING COVERAGE NAIC#
INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935
INSURED - - INSURER B:

SILVAS OIL COMPANY INC
PO BOX' 1046
INSURER C:

INSURER D: FRESNO, CA 93714- 1048
INSURER E:

INSURER F: -
COVERAGES VCK I' Irl.-Alr Numnt K: 190 KrVIDIUIN NUmtlCK: 7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR` OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE

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

INSR LTR TYPE OF ADDL INSR SUER WVD POLICY POLICY EFFMM/ DD/ YYYY

POLICY EXP

MM/ DDIYYYY

LIMITS M
A

X COMMERCIAL GENERAL LIABILITY

CLAIMS - MADE OCCUR'
Y Y 9370720 08/ 01/ 2024 08/ 01/ 2025
EACH OCCURRENCE 1, 000, 000
DAMAGE 11 1GEe TOrentENTED 100, PREMISES E. 000 MED
EXP ( Any one person) EXCLUDED PERSONAL&
ADV INJURY 1, 000, 000 OEN'

L AGGREGATE LIMIT PER POLICY
I X- M IY. ECOTHER: I
LOC

GENERAL
AGGREGATE 2000000 PRODUCTS &
COMPIOP ACC 2, 000, 000 AOWNED

AUTOMOBILE

LIABILITY JANYAUTO

AUTOSONLY SCHEDULED HIRED AUTOS

AUTOS ONLY NOTOS ONLDY N
N 9370720 08/ 01/ 2024 08/ 01/ 2025 COMBINED
SINGLE LIMIT Ea
accident) 1, 000, 000 BODILY
INJURY ( Par Parson) BODILY
INJURY (Per Accident) PROP

APROPER
X

UMBRELLA LIAB EXCESSUAR
X

OCCUR CLAIMS -
MADE N N 9370T21 08/ 01/ 2024 08/ 01/ 2025 EACH
OCCURRENCE - 10, 000, 000 AGGREGATE
10, 000, 000 DED.

I RETENTION WORKERSCOMPENSATION

AND EMPLOYERS'

LIABILITY- YIN ANY PROPRIETOR/
PARTNER/ EXECUTIVE. OFFICER MEMBER
EXCLUDED? LMandatory In
NH) If yes,
describe under DESCRIPTION OF
OPERATIONS below. N/A

PER STATUTE

THER E, L
EACH ACCIDENT E.L
DISEASE - EA EMPLOYEE .., E.L

DISEASE - POLICY LIMIT DESCRIPTION OF
OPERATIONS I. LOCATIONS I VEHICLES ( ACORD. 101, Additional Remarks Schedule, may be attached If more space is required) SEE ATTACHED PAGE ULKI IFIL:

AIC KUWCK L:AINL: t LLAIIUiN CITY OFRSFIELD
1499 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE 1501 TRUXTUN AVE CANCELLED RUXTU CA BAKERSFIELD, 93301- 5201 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - AUTHORIZED REPRESENTATIVE - - - - -- m 1988-
2015 ACORD CORPORATION. All rights reserved. ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD 1— ORIGINAL AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page 1 of 1

AGENCY NAMEDINSURED

FEDERATED MUTUAL INSURANCE COMPANY
PO BOX 104OILCOMPANY
INCPBO8

FRESNO, CA
SEE CERTIFICATE ## 93714- 1048 POLICY NUMBER
149.9 CARRIER - NAIC
CODE EFFECTIVE DATE: SEE CERTIFICATE ## 149.9 - SEE CERTIFICATE ## 149.9 ADDITIONAL REMARKS

THIS ADDITIONAL
REMARKS FORM ISASCHEDULE TO ACORD FORM, FORM NUMBER:
25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE GENERAL LIABILITY

CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) AUTOMATIC ENDORSEMENT

THE CITY

IS NAMED AS ADDITIONAL INSURED FOR ALL LIABILITY ARISING OUT OF THE OPERATIONS BY OR ON BEHALF THE NAMED INSURED, AND

THIS POLICY PROTECTS THE ADDITIONAL INSURED, ITS OFFICERS, APPOINTED AND ELECTED OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST LIABILITY FOR BODILY INJURIES, DEATHS OR PROPERTY DAMAGE, - OR DESTRUCTION ARISING IN ANY RESPECT DIRECTLY OR INDIRECTLY IN THE PERFORMANCE OF THE CONTRACT. THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE

TO IMPAIR THE RIGHTS OF ONE INSURED AGAINST ANOTHER - INSURED AND THE COVERAGES AFFORDED SHALL APPLY AS THOUGH SEPARATE POLICIES . HAVE BEEN ISSUED TO EACH INSURED. THE INSURANCE PROVIDED HEREIN IS -PRIMARY AND NO -" INSURANCE HELD OR OWNED BY THE CITY SHALL BE CALLED UPON TO CONTRIBUTE TO ALOSS. THIS POLICY DOES NOT EXCLUDE EXPLOSION, COLLAPSE, UNDERGROUND EXCAVATION HAZARD OR REMOVAL OF LATERAL SUPPORT.. THE CERTIFICATE

HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES,. OR CONTRACTORS - COMPLETED OPERATIONS ENDORSEMENT. GENERAL LIABILITY CONTAINS CID 25 03, DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT,. FOR : REASONS OTHER THAN NON- PAYMENT . OF, PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE "POLICY BEFORE THE EXPIRATION DATE OF THE " POLICY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER. INSURANCE. ACORD 101 ( 2008101) O 2008 ACORD CORPORATION. All. rights -reserved. The ACORD name and logo are registered marks of ACORD pn ORIGINAL.

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is - added to the Other Insurance ( 2) You have agreed in writing in a contract Condition_ and supersedes any provision to the or agreement that this insurance would be contrary: primary and : would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek
additional insured.
contribution from any other insurance available to
an additional insured under your policy provided
that:
1) The additional insured is a Named Insured
under such other insurance; and
C Insurance Services Office, Inc., 2018 Prge 1 of 1 0
ORIGINAL.

CG 20 01 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 POLICYNUMBER: 9370720 COMMERCIAL GENERAL LIABILITY CG
20 10 12 19 THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 City of Bakersfield Any Coverage Provided by,This Endorsement Office of Risk Management_ ' Applies, Only to the Delivery of Fuel to -the 1600 Truxtun Ave' Certholder Bakersfield,
CA 93301- 5141 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
s)
as an additional insured. the person( s) or organization( shown in the Schedule, but only with
respect to liability for "bodily injury", property
damage" or "personal and advertising injury"
caused, in whole orin part, by: 1.

Your acts or omissions; or 2.

The acts or omissions ofthose 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. CG
20 10 12 19 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
orrepairs) 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 ofthe same project.. U
a •
cn OORIGINF,
LInsurance
Services Office, Inc., 2018 Page 1 of 2 Policy
Number: 9370720 Transaction Effective Date:08/01/ 2024
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
Insured:

Silvas Oil Company Inc
PO Box 1048
Fresno, CA 93714- 1048

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

This endorsement shall
applicable limits of insurance.
not increase the
0ORIGINAL

Page 2 of 2 ends

CG 20 10 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITYCG 2037 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. " ADDITIONAL

INSURED - OWNERS, LESSEES OR CONTRACTORS
COMPLETED OPERATIONS This
endorsement. mod ifies insurance provided under the following: COMMERCIAL

GENERAL LIABILITY COVERAGE PART PRODUCTS/

COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE
Name.

Of Additional Insured Person(s) Or
Organization(s) Location And Description Of Completed Operations City of Bakersfield Any Coverage Provided by This Office
of Risk Management Endorsement Applies Only to the Delivery 1600 Truxtun Ave of Fuel - to the Certholder Bakersfield,
CA 93301- 5141 - Information "
required tocomplete this Schedule, if not shown above, will be shown in the Declarations. A.

Section 11 - Who Is An Insured is amended to include
s)-
as an additional insured the person( s) or organization( 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 tothe extent permitted by law;
and 2.

If coverage provided tothe 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 is, added to Section
III -Limits Of Insurance: 1f
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. Insured:

Silvas
Oil Company Inc PO
Box 1048 Fresno,
CA 93714- 1048 9
Insurance
Services Office, Inc., 2018 Page ( DCG
20 37 12 19 Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024

COMMERCIAL GENERAL LIABILITY
CG 24 53 1219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF -RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF' SUBROGATION) -

AUTOMATIC
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED, SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is addedto Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -
Conditions: We
waive any right of recovery against any person or organization, because of -any payment we make under this
Coverage Part, to whom the insured has waived its
right of recovery in a written contract or agreement.

Such waiver by us applies only to the extent
that the insured has waived its right of recovery against such person or organization prior to loss. 90RIGINAL
Insurance
Services Office, Inc., 2018 Page 1 of I CG
24 53 12 19, Policy Number: er: 9370720 Transaction Effective Date: 08101/ 2024 POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 25 03- 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT( S).

GENERAL AGGREGATE LIMIT
This endorsement modifies. insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project( s):

Any Coverage Provided by This Endorsement Applies Only to the Delivery of Fuel for theCertificateHolder. the City of Bakersfield, its Mayor, Council, Officers, Agents; Employees & Designated Volunteers Are Also Listed As Additional Insureds. Information
required tocomplete this Schedule, if not shown above, will be shown in the Declarations. A.

For all sums which the insured becomes . legally obligated _ to pay - as damages caused by occurrences"
under Section I - Coverage A, and for .
all- medical expenses caused by accidents under
Section I Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown . in the Schedule
above: 1.

A separate Designated Construction Project General
Aggregate. Limit applies to each designated
construction project, and that limit is.
equal to the amount of the General Aggregate
Limit shown in the Declarations. 2.

The Designated Construction Project General. Aggregate
Limit is the most we will pay for the sum
of all damages under CoverageA, except damages
because of "bodily injury" or property
damage" included in the " products - completed
operations hazard", and for medical expenses,
under Coverage Cregardless ofthe number
of: a.,
Insureds; b.

Claims made or "suits" brought; or c.

Persons or organizations making claims or
bringing " suits". 3.

Any payments made under Coverage Afor damages
or under Coverage C for medical expenses
shall reduce the Designated Construction
Project General Aggregate Limit for
that designated construction project.. Such payments
shall not reduce the General Aggregate
Limit shown in the Declarations nor shall
they reduce any other Designated Construction
Project General Aggregate Limit for
any other designated construction project shown
in the Schedule above. 4.

Thelimitsshown in;the Declarations for Each Occurrence,` Damage To Premises Rented To You and
Medical Expense continue to apply. However, instead
of being subject to the General Aggregate
Limit shown in the Declarations, such
limits will be subject to the applicable Designated
Construction Project General Aggregate
Limit. Ifs rn
0ORIGINAt
CG
25 03 05 09 © Insurance Services Office, Inc., 2008 _ Page 1 of 2 B. For all sums which the insured becomes legally C.
obligated to pay as damages caused by
occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1. Any payments made under Coverage A for
damages or under Coverage C for medical D.
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products - completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any
Designated Construction Project General E.

Aggregate Limit.

When coverage for liability arising out of the
products -completed operations hazard" is
provided, any payments for damages because of
bodily injury" or " property damage" included in
the " products -completed operations hazard" will
reduce the Products - completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.

If the applicable designated construction project
has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting
parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still
be deemed to be the same construction project.

The provisions of Section III - Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated.

Page 2 of 2 ends

kpytaitc u^
n
ORIGINALa
CG 25 03 05 09
Federated Mutual Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITED AMENDMENT OF CANCELLATION PROVISIONS
All Coverage Parts included in this policy are subject to the following conditions:

If we cancel this policy, we will mail advance notice to the person( s) or organization( s) as shown in the Schedule.

SCHEDULE
Name and Address of Person( s) Or Organization( s):

City of Bakersfield
Attn Ins Dept
1501 Truxtun Ave
Bakersfield, CA 93301
Number of days advance notice for any reason other than non- payment of premium: 3 0 Number of days advanced notice for non- payment of premium: See Common Policy Conditions Insured: Silvas Oil Company Inc
PO Box 1048
Fresno, CA 93714- 1048
rn
t,s r

ORIGINAL
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

IL- F- 50 ( 04- 13) Policy Number: 9370720 Transaction Effective Date: 08/ 01/ 2024 ACC) R o® CERTIFICATE OF LIABILITY INSURANCE DATE(

MM/ D IY YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER
Andreini & Company
220 West 20th Avenue
San Mateo CA 94403
CONTACT Vicki Davison

PHONE FAX
A C No E: t : 650- 573- 1111 A/ C No): 650- 378- 4361
ADDRESS: vdavison@andreini. com
INSURER( S) AFFORDING COVERAGE NAIC #
License#: OK78680 INSURER A: Insurance Company of the West 27847 INSURED SILVA- 3
Sllvas Oil Company Inc.

P. O. Box 1048
INSURER B :

INsuRERc:

Fresno CA 93714- 1048 INSURER D
INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 344297513 REVISION NUMBER:

INSR LTR OF INSURANCE A

INSD WVDSUBR POLICY NUMBER MMIDPOLIDIYFYY MM/ D DIIYYYY LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

DAMA ES( TO RENTED
CLAIMS - MADE OCCUR PREMISES Ea occurrence)
MED EXP ( Any one person)

PERSONAL & ADV INJURY
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY JECT PRO LOC PRODUCTS - COMP/ OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person) ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Per accident

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB OCCUR EACH OCCURRENCE HCLAIMS-MADE AGGREGATE EXCESS LIAR DED I I RETENTION $

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y I N
Y WPL502750210 10/ 1/ 2024 10/ 1/ 2025 X STATUTE EORH
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT 1, 000, 000 OFFICER/ MEMBER EXCLUDED? NIA
Mandatory in NH) E. L. DISEASE - EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver Endt Form - # WC990634 applies

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV D . IN City of Bakersfield ACCORDANCE WITH THE POLICY PROVISIONS.` Wastewater Plant No. 2
AUT ORIZED REPRESENTATIVE rJ 1700 E. Plant Road
Bakersfield CA 93307 i
r
ifie 00PIOINAL
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8- 00)

The additional premium for this endorsement shall be
otherwise due.

Person or Organization

ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH

THIS WAIVER,

The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/ 01/ 2024
Insured SILVAS OIL CO INC
Policy No. WPL 5027502 10 Endorsement No.

Insurance Company INSURANCE COMPANY OF THE WEST
WC 99 06 34
Ed. 8- 00)
Countersigned By

INSURED
Premium $ INCL .
81 "^
y n
p
ORIGINP.L

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: December 9, 2025
SUBJECT: Amendment No. 2 to Settlement Agreement and Mutual Release with Rosedale Rio-Bravo Water Storage District
[Document Description]
RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

In 2019, a dispute arose between Rosedale Rio-Bravo Water Storage District (“RRBWSD”) and City concerning their respective rights and obligations under Agreement No. 76-80 regarding certain supplies of water from the Kern River that are referred to in 76-80 as “Miscellaneous Quantity Water.” On December 11, 2019, RRBWSD filed a Complaint against City in Kern County Superior Court (BCV-19- 103483) (the “Action”). On December 06, 2021, RRBWSD amended its Complaint via its filing of its First Amended Complaint. City filed its Answer to RRBWSD’s First Amended Complaint in the Action in which City denied the material allegations in RRBWSD’s First Amended Complaint and asserted various affirmative defenses.

On July 01, 2022, City and RRBWSD settled the Action by entering an agreement titled Settlement Agreement and Mutual Release. As an inducement for settlement of the litigation, the Parties implemented a “Pilot Project” through calendar year 2024.

The Parties previously extended Pilot Project’s term for one (1) calendar year to December 31, 2025. The Parties now wish to extend the Pilot Project’s terms by two (2) calendar years to December 31, 2027. City Staff have no objection and support the approval of the amendment.

FISCAL IMPACT:

The action to amend the agreement is only to extend the term and nothing related to additional costs.

Therefore, this has no fiscal impact on the General Fund.

COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Settlement Agreement and Mutual Release, dated July 1, 2022

2. Amendment No. 2 to Settlement Agreement and Mutual Release, dated July 1, 2022

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: December 3, 2025
SUBJECT: Amendment No. 2 to Agreement 2021-282 with CANNON (increase compensation $350,000; revised not to exceed $1,000,000 and extend the term to December 31, 2026) for the Programmable Logic Controller Upgrade Project.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

Wastewater Treatment Plant No. 2 and No. 3 have multiple programmable logic controllers (PLCs) that control the plants’ processes based on input variables and manual switches; each one is designed and programmed specifically to control its assigned process. The PLCs communicate with several motor operated valves and variable frequency drives (VFD’s) over a Profibus, Modbus, Modbus +, and RIO communication link. At this time, both plants need upgrades across all PLCs because the hardware and software currently being utilized has exceeded its designed life and is no longer supported by the manufacturer. This project will consist of procuring the needed hardware and software, installation, and programming each unit accordingly.

City approved Agreement No. 2021-282 with CANNON, on December 15, 2021, for $500,000.

On December 18, 2024, City approved Amendment No. 1 to extend the term of the original contract to December 31, 2025, and increased compensation by $150,000.

Since approval of Amendment No. 1, CANNON has updated most of the PLCs for both plants. Work on this project has been scheduled so that only one treatment process is down at a time and fully functional before work on the next PLC begins. The compensation amount on the original Agreement, and subsequent Amendment No.1, was based on anticipated progress during the active term.

Currently, to ensure the project is fully supported and continues to progress, City staff recommend extending the term by one year and increasing the compensation by $350,000, for a revised amount not to exceed $1,000,000.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer Enterprise Fund capital improvement program for this amendment, therefore, there is no impact to the City General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 2 to Agreement 2021-282

2. Exhibit B

2025/2026 Fee Schedule
Bill Rate Ranges
Subject to change
Assistant Resident Engineer I - II $ - 201 173 $ Resident Engineer $ - 238 223 $ Associate Engineer $ - 235 196 $ Sr. Associate Architect $ - 254 239 $ Associate Land Surveyor $ - 245 230 $ Sr. Associate Engineer $ - 254 212 $ Automation Specialist $ - 195 180 $ Sr. Associate Land Surveyor $ - 250 235 $ Automation Technician $ - 155 140 $ Sr. Automation Specialist $ - 215 200 $ CAD Tech $ - 142 127 $ Sr. Automation Technician $ - 190 175 $ CAD Manager $ - 160$ 145 Sr. CAD Tech $ - 153 138 $
Construction Coordinator I - II $ - 153 138 $ Sr. Construction Manager $ - 248 233 $ Construction Inspector I - III $ - 176 132 $ Sr. Consultant / Principal-in-Charge $ - 335 307 $ Construction Manager $ - 230$ 215 Sr. Land Surveyor $ - 262 247 $ Design Engineer $ - 185 160 $ Sr. Plan Check Engineer $ - 208 193 $ Director/ Department Manager $ - 307 247 $ Sr. Principal Designer $ - 211 162 $ Dry Utilities Coordinator I - II $ - 204 189 $ Sr. Principal Engineer I - III $ - 307 239 $ Engineering Assistant I - IV $ - 153 122 $ Sr. Project Designer $ - 185 143 $ Grant Funding Manager I - II $ - 205 175 $ Sr. Project Engineer $ - 223 185 $ Information Systems Admin/Manager $ - 160 138 $ Sr. Resident Engineer $ - 254 239 $ Land Surveyor $ - 233 218 $ Survey Assistant $ - 148 133 $ Lead Automation Specialist $ - 209 194 $ Survey Manager $ - 268 253 $ Lead Automation Technician $ - 185 170 $ Survey Technician I - V $ - 211 152 $ Lead Designer $ - 193 155 $ Technical Writer I - IV $ - 165 150 $ Office Engineer / Document Control I-III 138 $ - 171 $
Plan Check Engineer I - II $ - 202 152 $ Survey Crew Rates - Regular Principal Automation Specialist $ - 227 212 $ One-Man Field $ - 246 231 $ Principal Automation Technician $ - 205 190 $ Two-Man Field $ - 327 312 $ Principal Construction Manager $ - 262 247 $ Three-Man Field $ - 432 417 $ Principal Designer $ - 195$ 147 Two-Man - HDS $ - 388 373 $ Principal Engineer $ - 269 239 $
Project Designer $ - 172 143 $ Survey Crew Rates - Prevailing Wage Project Engineer $ - 198 172 $ One-Man Field $ - 293 278 $ Two-Man Field $ - 430 415 $
Other Direct Charges Three-Man Field $ - 585 570 $
Black Line Plots $2.00 per page
Outside Reproduction Cost + 15% Electrical - Prevailing Wage Mylar Plots $12.00 per sheet Electrician $ - 253 238 $
Automation & Electrical Materials Cost + 25% (+tax)
Subconsultant Fees Cost + 10% Building and Construction Inspector - Prevailing Wage Technology Fee $30/Day BCI Construction Inspector $ - 191 176 $ Color Plots $5.00 per page Forensics Engineering / Expert Testimony Fee Schedule Available Upon Request.

Travel and Related Subsistence Cost + 15%
Standard Mileage Rate IRS Rate per mile
Airplane Mileage Rate GSA Rate per mile
(effective 7/1/2025)
Expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees will be billed at the actual cost plus 15%. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends, and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours, a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates; on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal. A minimum charge of four hours will be charged for any Automation Field Service calls outside of normal working hours. The stated rates are subject to change, typically on an annual basis.

December 3, 2025

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: November 26, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2022-155
with Highstreet IT Solutions (increase compensation $148,700; revised not to exceed $4,749,950) to add additional functionality and user licenses for the Enterprise Performance Management module for Oracle Financials.

RECOMMENDATION:

Staff recommends approval of the amendment.

BACKGROUND:

On August 17, 2022, Council approved the agreement between the City and Highstreet IT Solutions, an Oracle Enterprise Resource Planning (ERP) and additional software implementation company. This agreement included the implementation and support for an Oracle suite of products including ERP Financials, Enterprise Performance Management and Human Capital Management. The Enterprise Performance Management (EPM) module is used to build and manage annual budgets.

To optimize efficiency and provide an abundance of information necessary for ongoing budgetary management, a change order has been requested to support existing enhancing the current system design of the product. Additionally, accessibility to information within EPM is necessary among more users moving forward. As such, the change order also includes 15 additional user licenses for EPM.

FISCAL IMPACT:

The change order with system enhancement and increased user licenses will be $148,700. There is currently sufficient funding to cover the cost in the ERP Replacement Project Budget COUNCIL GOAL:

Innovative and Efficient City Government
ATTACHMENTS:

1. Agreement

2. EXHIBIT B: Change Order #7 to Statement of Work #1: Implementation Services _____________________________________________
AMENDMENT NO. 2 TO AGREEMENT NO. 2022-155 Page 1 of 2
AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2022-155
This AMENDMENT NO. 2 TO AGREEMENT NO. 2022-155 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and HIGHSTREET IT SOLUTIONS, LLC a Corporation authorized to do business in California (referred to herein as “HIGHSTREET”).

R E C I T A L S
WHEREAS, CITY and HIGHSTREET entered into Agreement No. 2022-155 for software implementation and services; and
WHEREAS, on February 28, 2024, CITY and HIGHSTREET entered into Amendment No. 1 to Agreement No. 2022-155 to implement a change order related to associated costs extending the project timeline and providing additional software environments and data conversion support; and WHEREAS, CITY and HIGHSTREET desire to amend Agreement No. 2022-155 a second time to implement a new change order to increase functionality and user licenses for the Enterprise Performance Management module for Oracle Financials and provide HIGHSTREET additional compensation.

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

1. Section 1 of Agreement No. 2022-155 entitled “Scope of Work and Approach” is hereby amended to add Exhibit B, entitled “Change Order #7 to Statement of Work #1: Implementation Services” attached hereto and incorporated by reference herein which increases HIGHSTREET’s compensation in an amount not to exceed ONE HUNDRED FORTY-EIGHT THOUSAND SEVEN HUNDRED dollars
($148,700) for a total amount not to exceed FOUR MILLION SEVEN HUNDRED FORTY-NINE THOUSAND NINE HUNDRED FIFTY dollars
($4,749,950).

2. Except as amended herein, all provisions of Agreement No. 2022-155 shall remain in full force and effect.
-- o0o –
Docusign Envelope ID: 0CF4AFDD-B37D-45F3-899F-AF1EBC9F9591 _____________________________________________
AMENDMENT NO. 2 TO AGREEMENT NO. 2022-155 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2022-155 to be executed the day and year first above written. “CITY” “HIGHSTREET”

CITY OF BAKERSFIELD HIGHSTREET IT SOLUTIONS, LLC
By:____________________________ By:_________________________________ KAREN GOH Print Name: ________________________
Mayor Title:_______________________________
APPROVED AS TO CONTENT:

FINANCE DEPARTMENT
By:____________________________

TERA LOVELESS-ORTIZ
Assistant Finance Director
APPROVED AS TO FORM: COUNTERSIGNED:

City Attorney:_____________________ Finance Director: _____________________

VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
VG/pt
S:\Public Works\Agrs\25-26\Highstreet Amendment 2 to Agr 2022-155.docx Attachment: EXHIBIT B
Docusign Envelope ID: 0CF4AFDD-B37D-45F3-899F-AF1EBC9F9591 Chief Operating Officer
Ethan Dockendorf

Ethan Dockendorf
Chief Operating Officer
11/19/25

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
National Fire Insurance Co. of Hartford
Continental Insurance Company
American Casualty Company of Reading PA
Indian Harbor Insurance Company
Great American Fidelity Insurance Co.
11/25/2025
USI Insurance Services LLC-CL
3190 Fairview Park Drive Suite 400
Falls Church, VA 22042-4546
703 698-0788
Austin Bowen
703 698-0788 610 362-8377
[email protected]
Highstreet IT Solutions, LLC
8201 Greensboro Drive
Suite 530
Mc Lean, VA 22102
20478
35289
20427
36940
41858
A X
X
X X
5093379522 07/06/2025 07/06/2026 1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
B
X X
5093379519 07/06/2025 07/06/2026 1,000,000
B X X
X 10000
5093379486 07/06/2025 07/06/2026 9,000,000
9,000,000
C
N
1,000,000
1,000,000
D
E
Cyber Tech E&O
Excess Cyber
MTP904905200
CYXF3617700
07/06/2025
07/06/2025
07/06/2026
07/06/2026
$5,000,000
$5,000,000
** Workers Comp Information **
C 593379536 Eff Date: 07/06/2025 Exp Date: 07/06/2026
WC Each Accident Limit: $1,000,000
WC Policy Limit: $1,000,000
(See Attached Descriptions)
City of Bakersfield
1600 Truxton Ave.

Bakersfield, CA 93307
1 of 2
#S51870128/M51870103
Client#: 1089300 HIGHSIT
JYREK
WC593379536 07/06/2025 07/06/2026 X
1,000,000
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
WC Each Employee Limit: $1,000,000
Regarding work performed by the named insured, the City of Bakersfield, its mayor, council, officers, agents and employees are included as additional insureds per written contractual agreement for the terms and provisions of the general liability coverages. A waiver of subrogation is granted to the City of Bakersfield, its mayor, council, officers, agents and employees with respect to general liability and workers compensation, where required by written contract, subject to policy terms and conditions. provided.
2 of 2
#S51870128/M51870103

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 2 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organizations financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owners liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insureds maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
ª4" "9)AoT=M¥9K«¬¬¬20020002250933795229459

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 3 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receivers liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insureds ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivisions liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insureds behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provisions requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 4 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN
I. Trade Show Event Lessor

1. With respect to a Named Insureds participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insureds acts or omissions; or
b. the acts or omissions of those acting on the Named Insureds behalf, in the performance of the Named Insureds ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organizations liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organizations premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.
ª4" "9)AoT=N¥0H«¬¬¬20020002250933795229460

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 5 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insureds acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSUREDS INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
Workers Compensation And Employers Liability Insurance
Policy Endorsement

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.

The premium charge for the endorsement is reflected in the Schedule of Operations.

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 Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

WC 5 93379536
Endorsement No: 6; Page: 1 of 1 Policy Page: 209 of 354 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date:

Policy No:

ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: November 25, 2025
SUBJECT: Assignment of Long-Term Ground Lease Agreement No. 2023-079 with Braly Properties (White Lane) to assign the rights and obligations of Braly Properties (White Lane) to City Point, LLC.

RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

At the April 12, 2023, City Council Meeting, Agreement No. 2023-079 was approved establishing the LongTerm Ground Lease Agreement with 825 E. White Lane, LLC a California limited liability company and Braly Properties (White Lane), LLC to lease the City owned 8.34-acre parcel land for the purpose of farming operations and access to Lessee’s property. The 8.34 parcel of land is undeveloped and falls within the Federal Aviation Administration (FAA) Airport Division Runway Protection Zones (RPZ). Compatible land use withing the RPZ is generally restricted to such land uses as agricultural and similar uses that do not involve congregations of people or construction of buildings or other improvements that may be obstructions.

Surplus Land Act (SLA). On December 14, 2022, the City Council adopted Resolution No. 192-2022, declaring all Airport Property as Exempt Surplus Land pursuant to the SLA. On January 30, 2023, the California Department of Housing and Community Development accepted the City’s Resolution and determined that the Airport Property qualifies as Exempt Surplus Land.

Braly Properties (White Lane) desires to assign rights and obligations of the Long-Term Ground Lease to City Point LLC. The Long-Term Ground Lease Agreement allows for this assignment. The $200 processing fee required by the agreement has been paid. This assignment will transfer all ground lease terms to City Point, LLC.

FISCAL IMPACT:

The Lessee agrees to maintain the property in a clean and debris-free condition, which helps reduce City maintenance costs at the Bakersfield Municipal Airport. As a result, there are no associated costs or revenue generated from this lease, and it will not impact either the Aviation Fund or the General Fund.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

1. Lease Agreement

2. Exhibit A
T:\Attorney-Boiler\Assign Long Term Ground Lease.wpd
9/2/2025

ASSIGNMENT OF

BAKERSFIELD MUNICIPAL AIRPORT

LONG-TERM GROUND LEASE
LEASE AGREEMENT NO. 2023-079 (1)
For value received, Braly Properties (White Lane), LLC (“Assignor”), whose address is 825 E. White Lane, Kern County, California, assigns, transfers, and conveys to City Point, LLC (“Assignee”), whose address is 1601 South Union Avenue, Kern County, California, all of Assignor’s right, title and interest in that certain Bakersfield Municipal Airport Ground Lease, Lease Agreement No. 2023- 079 between Assignor and the City of Bakersfield, dated April 12, 2023 (“Ground Lease”). A copy of said Ground Lease is attached as Exhibit “A” and incorporated herein by reference.

Assignor warrants that the Ground Lease is in full force and effect and that there has been no breach by any of the parties to the Ground Lease. Assignor further warrants that Assignor is in full compliance with all the terms and conditions of the Ground Lease, that Assignor has the right to assign the Ground Lease and that Assignor has not assigned or encumbered all or any part of Assignor’s rights under the Ground Lease.

Assignee accepts the above assignment and assumes all of the obligations of Assignor under the Ground Lease. Assignee agrees to perform all obligations to be performed by Assignor under the Ground Lease according to its terms and conditions from and after the date of this assignment.

Assignee agrees to indemnify, defend, and hold Assignor and the City of Bakersfield harmless from any and all liabilities, claims, causes of action, or expenses with respect to the Ground Lease to the extent relating to or caused by acts, events, omissions, or conditions arising after the date of this assignment.

Assignor agrees to indemnify, defend, and hold Assignee and the City of Bakersfield harmless from any and all liabilities, claims, causes of action, or expenses with respect to the Ground Lease to the extent relating to or caused by acts, events, omissions, or conditions occurring on or prior to the date of this assignment.

The City of Bakersfield, as the owner of the Bakersfield Municipal Airport and the real property affiliated therewith, and by virtue thereof, a party to that certain Bakersfield Municipal Airport Long-Term Ground Lease, Lease Agreement No. 2023-079, consents to the assignment of the rights and obligations of Braly Properties (White Lane), LLC under the aforesaid Ground Lease to City Point, LLC.

Docusign Envelope ID: E81BA48B-BF62-46F8-83FC-851CC6177A2C T:\Attorney-Boiler\Assign Long Term Ground Lease.wpd
9/2/2025
This consent to assignment will not waive any restriction or requirement in the original Ground Lease referenced above relating to any further assignment by the Assignee.

CITY OF BAKERSFIELD, “CITY” “ASSIGNOR”

BRALY PROPERTIES (WHITE LANE), LLC
______________________________ ________________________________

KAREN GOH
Mayor Print Name: Robert Braly
Title: Manager
“ASSIGNEE”
APPROVED AS TO FORM: CITY POINT, LLC

VIRGINIA GENNARO
City Attorney _________________________________
Print Name: Navdeep Grewal
Title: Managing Member
___________________________

ASHLEY ZAMBRANO
Deputy City Attorney
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
______________________________

ZACHARY MEYER
Public Works Director
COUNTERSIGNED:
______________________________

RANDY MCKEEGAN
Finance Director
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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: December 11, 2025
SUBJECT: Amendment No. 1 to Agreement 2024-323
with Boys & Girls Club of Kern County (extend term to December 31, 2026 and amend scope of work) to provide funding aimed at enhancing non-profit youth organizations, facilities and expanding its capacity to serve at-risk youth RECOMMENDATION:

Staff recommends approval of amendment
BACKGROUND:

The American Rescue Plan Act (ARPA) of 2021 established the State and Local Fiscal Recovery Funds (SLFRF) program to support local governments in responding to the public health and economic impacts of the COVID-19 pandemic. The City of Bakersfield received a direct allocation of ARPA funds and, in 2024, initiated a competitive process to identify capital improvement projects that would benefit disadvantaged communities, particularly those located within Qualified Census Tracts.

Through this process, the Boys & Girls Clubs of Kern County (BGCKC) was awarded $900,000 to support site preparation and development activities for multiple properties on Monterey Street. The project is intended to advance the creation of a new Teen Center/Life & Workforce Readiness Center—an investment that will expand access to youth development services, enhance safety within the Niles/Monterey Prosperity Neighborhood, and strengthen long-term workforce readiness programming for teens and young adults.

On December 18, 2024, the City entered into Agreement No. 2024-323 with BGCKC to implement these capital improvements. In April 2025, BGCKC notified the City of project delays that necessitate adjustments to the implementation timeline and related work activities. To ensure successful completion of the project and continued alignment with ARPA/SLFRF requirements, an amendment to the agreement is needed to revise the term and update the scope of work Agreement 2024-035.

The proposed amendment does not increase the total award amount, as funding for this project was previously budgeted using ARPA resources
FISCAL IMPACT:

Funding for these services was previously budgeted using American Rescue Plan Act (ARPA) funds.

Approval of this amendment does not increase the total compensation amount and will not result in any impact to the City’s General Fund.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENTS:

Amendment No. 1 to Agreement 2024-035
AMENDMENT TO AGREEMENT No. 2024-323
Updated – August 2025

Page 1 ends

AGREEMENT NO. 2024-323 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-323
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-323 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY” herein), and BOYS AND GIRLS CLUBS OF KERN COUNTY (BGCKC), a California non-profit, public-benefit corporation (“SUBRECIPIENT” herein) authorized to do business in California.

R E C I T A L S
WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act (“ARPA”), which subsequently established the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program; and WHEREAS, the SLFRF program provides support to governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses; and WHEREAS, SLFRF may be used for capital expenditures that support eligible COVID-19 public health or economic responses, such as capital improvement projects for qualified established non-profit youth development organizations within the Qualified Census Tract within Bakersfield City Limits; and WHEREAS, on December 18, 2024, CITY entered into an agreement with SUBRECIPIENT to provide funding aimed at enhancing non-profit youth organizations, facilities, and expanding its capacity to serve at-risk youth in the community (“PROJECT”); and
WHEREAS, On April 15, 2025, SUBRECIPIENT notified CITY of PROJECT delays; and
WHEREAS, the parties desire to amend Agreement No. 2024-323 to amend the term and scope of work described in Exhibit "A," to said Agreement.

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

1. Exhibit A referenced in Agreement 2024-323, is hereby replaced with Amended Exhibit “A” attached hereto and incorporated by reference herein.

2. Section 1.2 of Agreement No. 2024-323 entitled “Scope of Grant” is hereby amended to read as follows:

Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 AMENDMENT TO AGREEMENT No. 2024-323
Updated – August 2025

Page 2 ends

1.2 Scope of Grant. The scope of grant consists of planned upgrades to the Teen Center/Life & Workforce Readiness Center, including site preparation and development for the Monterey Street properties, as more specifically described in Amended Exhibit "A," attached hereto and incorporated herein by reference as if set forth in full.

That portion of the scope of grant related to the Boys & Girls Club – Teen Center/Life & Workforce Readiness Center (Phase 1) capital improvement project shall specifically comply with the requirements set forth in 2 CFR Part 200, 2 CFR Part 200.401(a); and 2 CFR Part 200. 501(a).

3. Section 1.5 of Agreement No. 2024-323 entitled “Term” is hereby amended to read as follows:

1.5 Term. The term of this Agreement shall begin upon execution of this Agreement by all parties and end on December 31, 2026.

4. Except as amended herein, all provisions of Agreement No. 2024-323 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-323 to be executed the day and year first above written. “CITY” “SUBRECIPIENT”

CITY OF BAKERSFIELD BOYS & GIRLS CLUBS OF KERN COUNTY
By:____________________________ By:_________________________________

KAREN GOH ZANE SMITH
Mayor Executive Director
APPROVED AS TO CONTENT:

CITY MANAGER’S OFFICE
By:____________________________

CHRISTIAN CLEGG
City Manager
APPROVED AS TO FORM: COUNTERSIGNED:

City Attorney: _____________________________ Finance Director: _____________________________

VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachments: Exhibit “A”
Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 AMENDED EXHIBIT “A”
American Rescue Plan Act (ARPA)
Boys & Girls Clubs – Teen Center/Life & Workforce Readiness Center (Phase 1) Capital Improvement Project
Scope of Work
Purpose
For over 58 years, the Boys & Girls Clubs of Kern County have delivered quality, life-changing services to youth living in disadvantage communities, including the Niles/Monterey Prosperity Neighborhood. These youth benefit from trained, caring Youth Development Professionals who help young people take control of their lives, envision productive futures, and reach their goals. The Boys & Girls Clubs of Kern County have three traditional and 67 school-based Club sites serving almost 14,500 children and youth annually. The Boys & Girls Club – E.L.

Jack and Monical Armstrong Youth Center is at capacity, serving almost 1,000 youth and teens in 2023 (up from the 701 served in 2022). With this growth, the size of the dedication space for the teens has decreased for regular programming. The goal of the new Teen Center/Life & Workforce Readiness Center in ARPA Qualified Census Tract 13 in East Bakersfield is to address the critical need for and expand comprehensive teen and young-adult programming and expand the Club’s Workforce Readiness/Summer Jobs Program to a year-round program while enhancing the security of the Boys & Girls Clubs campus in East Bakersfield. The new building would provide secure, dedicated programming spaces tailored to the participants’ specific age groups while addressing the capacity and space constraints at the Boys & Girls Clubs – E.L Jack and Monica Armstrong Youth Center.

Description
To address these pressing needs, BGCKC has been awarded NINE HUNDRED THOUSAND DOLLARS ($900,000) to expand its capacity to serve youth effectively. Planned upgrades to the Teen Center/Life & Workforce Readiness Center in Phase 1 include site preparation/site development for the (808, 812, 820 and 828) Monteret Street properties (demolition, earthwork, utilities, paving/sidewalk, two parking lots, urban lighting, landscaping/irrigation, EV Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 charging stations, closing the alley, and adding wrought iron fencing/gates will secure and enclose the Boys & Girls Clubs campus) while enhancing the Niles/Monterey Prosperity Neighborhood. With these enhancements, the expected outcomes for the teens and young adults served by the new Boys & Girls Clubs – Teen Center/Life & Workforce Readiness Center include improving academic performance, enhancing employability, fostering personal development, and strengthening community cohesion.

Capital Improvement Project Time Frame Time frame is based on estimates and quotes obtained. Also to allow for the facility to remain open during repairs.

Completion dates may vary; however, all repairs will be completed by November 30, 2026.

January 2025 – May 2025 Lot merger, Zone change (Now CUP), Alley access
May 2025 – November 2025 Construction Documents
November 2025 – February 2026 City Plan Check, Permitting February 2026 – March 2026 Bidding
April 2026 – November 2026 Construction
Disbursement of Funds
CITY agreed to pay NINE HUNDRED THOUSAND DOLLARS ($900,000) directly to the Boys & Girls Clubs of Kern County (BGCKC) within thirty (30) days of execution of this Agreement.

Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
8/27/2025
License # 0D44424
(661) 316-5184 (661) 281-4992
18058
Boys & Girls Clubs of Kern County
Boys & Girls Club of Bakersfield
PO BOX 5J
Bakersfield, CA 93385-0009
10855
A 1,000,000
X PHPK2695578001 9/1/2025 9/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
A 1,000,000
PHPK2695578001 9/1/2025 9/1/2026
A 5,000,000
PHUB914490001 9/1/2025 9/1/2026 5,000,000
10,000
B
BOWC639581 4/13/2025 4/13/2026 1,000,000
1,000,000
1,000,000
A Abuse/Molestation PHPK2695578001 9/1/2025 Liability Limit 1,000,000 A Abuse/Molestation PHPK2695578001 9/1/2025 9/1/2026 Aggregate Limit 3,000,000 RE: Grant Money.

City of Bakersfield, its Mayor, council, officers, agent, employees and designated volunteers are an Additional Insured with respect to the general liability coverage if required or agreed to in a written contract subject to all provisions and limitations of the policy.

City of Bakersfield
1501 Truxtun Ave
Bakersfeidl, CA 93301
BOYS&GI01C RPATRICK

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Josh Wall, CIC
[email protected]
Philadelphia Indemnity Insurance Company
Cypress Insurance Company
X
9/1/2026
X
X
X
X
X
X
X
Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Docusign Envelope ID: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Certificate Of Completion
Envelope Id: 2F6182CE-A6D3-4B1C-9443-55C639A9E180 Status: Completed Subject: Complete with Docusign: Boys & Girls Clubs Amendment No. 1 to Agreement 2024-323.pdf Source Envelope:

Document Pages: 17 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 1 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
11/14/2025 3:52:33 PM
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 Signer Events Signature Timestamp
Zane Smith
[email protected]
Executive Director
Boys & Girls Clubs of Kern County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 173.198.104.182
Sent: 11/14/2025 3:55:12 PM
Viewed: 11/14/2025 3:55:59 PM
Signed: 11/14/2025 3:56:17 PM
Electronic Record and Signature Disclosure:

Accepted: 12/4/2024 11:28:45 AM
ID: 56bd75b6-6152-4e7e-b3fb-33edc925b08e
Christian Clegg
[email protected]
City Manager
City of Bakersfield
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address:
2601:681:d00:4f50:e14a:3098:f286:d98f
Signed using mobile
Sent: 11/14/2025 3:56:20 PM
Viewed: 11/24/2025 8:23:16 AM
Signed: 11/24/2025 8:24:05 AM
Electronic Record and Signature Disclosure:

Accepted: 11/24/2025 8:23:16 AM
ID: 93fe4006-e02a-41b9-8a1c-450d5320db18
Jena Covey
[email protected]

RISK MANAGER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 11/24/2025 8:24:07 AM
Viewed: 12/1/2025 3:25:49 PM
Signed: 12/1/2025 3:33:37 PM
Electronic Record and Signature Disclosure:

Accepted: 12/1/2025 3:25:49 PM
ID: 2f380d54-5339-4eda-aac6-0e64206fb705
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/14/2025 3:55:12 PM
Certified Delivered Security Checked 12/1/2025 3:25:49 PM Signing Complete Security Checked 12/1/2025 3:33:37 PM
Completed Security Checked 12/1/2025 3:33:37 PM
Payment Events Status Timestamps
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: Zane Smith, Christian Clegg, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: December 5, 2025
SUBJECT: Amendment No. 2 to Agreement No. 2023-296 with The Open Door Network (increase compensation $200,000; revised not-to-exceed $600,000 and extend the term to December 31, 2026) to provide clean up services for sumps, canals and basins.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

The City of Bakersfield has numerous sumps, canals, and basins that are managed by the Water Department, which require routine cleaning and maintenance. The amount of work required to maintain these facilities is beyond the City’s staffing availability and resources.

On December 13, 2023, City Council approved Agreement No. 2023-296 with The Open Door Network after being selected through a Request for Proposal process. The Agreement was amended on December 18, 2024 to increase compensation and extend the term for an additional one-year, per the terms of the Agreement.

At this time, due to ongoing need for routine cleaning and maintenance, City staff recommend extending the term by one year and increasing the compensation by $200,000, for a revised amount not to exceed $600,000, in accordance with the original terms of the Agreement.

FISCAL IMPACT:

Funds are budgeted within the River & Ag Fund Operating Budget and there will be no impact to the City General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Amendment No. 2 to Agreement 2023-296

2. Certificate of Insurance – Open Door Network

EXHIBIT B
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND 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 RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/6/2025
License # 0D44424
(661) 316-5126 (661) 281-4992
18058
The Open Door Network
1921 19th St.

Bakersfield, CA 93301
A 1,000,000
X X PHPK2573552003 7/1/2025 7/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
A 1,000,000
X X PHPK2573552003 7/1/2025 7/1/2026
A 5,000,000
PHUB871349003 7/1/2025 7/1/2026 5,000,000
10,000
B
NPUWCG0012025 1/1/2025 1/1/2026 1,000,000
1,000,000
1,000,000
The City of Bakersfield, its mayor, council, officers, agents, employees and volunteers is an Additional Insured with respect to general liability & auto liability including waiver of subrogation if required or agreed to in a written contract subject to all provisions and limitations of the policy per form PO GLD HS 10 11 & PI CA 001 09 15. General Liability & Auto Liability Coverage is Primary and Non Contributory per policy forms CG 00 01 04 13 & CA 00 01 03 10. Cancellation Notice per policy provisions
City of Bakersfield
Office of Risk Management
1600 Truxtun Ave.

Bakersfield, CA 93301
THEOPEN01C HSCHWARTZLER

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Hilary Schwartzler
[email protected]
Philadelphia Indemnity Insurance Company
NonProfits United WC Group
X
X
X
X
X
X
X
X

1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not relieve us of any obligations under this coverage form.

2. Concealment, Misrepresentation Or Fraud
This coverage form is void in any case of fraud
by you at any time as it relates to this coverage
form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning:
a. This coverage form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this coverage form.

3. Liberalization
If we revise this coverage form to provide more
coverage without additional premium charge,
your policy will automatically provide the additional coverage as of the day the revision is effective in your state.

4. No Benefit To Bailee – Physical Damage
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other provision of this coverage form.

5. Other Insurance
a. For any covered "auto" you own, this coverage form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this coverage form is excess over any other collectible insurance.

However, while a covered "auto" which is a
"trailer" is connected to another vehicle, the
Liability Coverage this coverage form provides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own.
(2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this coverage form's Liability
Coverage is primary for any liability assumed under an "insured contract". d. When this coverage form and any other
coverage form or policy covers on the same
basis, either excess or primary, we will pay
only our share. Our share is the proportion
that the Limit of Insurance of our coverage
form bears to the total of the limits of all the
coverage forms and policies covering on
the same basis.

6. Premium Audit
a. The estimated premium for this coverage
form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will
get a refund.
b. If this policy is issued for more than one
year, the premium for this coverage form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.

7. Policy Period, Coverage Territory
Under this coverage form, we cover "accidents"
and "losses" occurring:
a. During the policy period shown in the Declarations; and b. Within the coverage territory.

The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of the United States of America; (3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if:
(a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(b) The "insured's" responsibility to pay
damages is determined in a "suit" on the
merits, in the United States of America,
the territories and possessions of the
United States of America, Puerto Rico
or Canada or in a settlement we agree
to.

1. Agreement with Jack Davenport Sweeping Services for CCI Cleanups (not to exceed $549,477).

2. Agreement with The Open Door Network for CCI Cleanups (not to exceed $567,840).

3. Agreement with The Open Door Network for Freeway Litter Program (not to exceed $238,818). (All Wards)
RECOMMENDATION:

Staff recommends approval of the agreements.

BACKGROUND:

The City of Bakersfield (City) desires to enter into an agreement with qualified vendor(s) for two separate litter abatement programs, Clean City Initiative and Freeway Litter. These programs will provide litter abatement services within City limits for the Clean City Initiative (CCI) Program.

Staff issued a request for qualifications and proposals (RFQP) to establish new agreements for litter abatement services. Responses were received from eight firms as summarized below.  Elite Maintenance & Tree Service
 Forensiclean
 Hustler’s Hauling and Backhoe Service, Inc.
 Jack Davenport Sweeping Services
 JC’s Junk Haulerz
 Landscape Maintenance of America
 Sustainable Mitigation
 The Open Door Network
Staff recommends approval of the agreement with Jack Davenport Sweeping Services for the Clean City Initiative in an amount not to exceed $549,477. Staff further recommends approval of the agreements with The Open Door Network for the Clean City Initiative in an amount not to exceed $567,840, and for the Freeway Litter Program in an amount not to exceed $238,818.

FISCAL IMPACT:

The action to enter the new contracts will be funded from the Refuse Enterprise Fund. There is no impact to the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
ATTACHMENTS:

1. Jack Davenport Sweeping (CCI)

2. The Open Door Network (CCI)

3. Open Door Network (Freeway Litter)
INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – November 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 JACK DAVENPORT SWEEPING SERVICES, a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of litter removal and cleaning services within the City of Bakersfield as part of the Clean City Initiative program.

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: litter and bulky waste abatement services as directed by City staff through service requests made by a variety of outlets including but not limited to the Bakersfield Mobile App, online service requests, and requests by e-mail, phone, or other means of communication (“Services”). The full detailed scope of work is attached as Exhibit A (“Scope of Work”). This includes collecting, hauling, and unloading litter as well as bulky items for proper disposal or recycling and regular reporting as assigned by City staff as described by City’s requests for proposals (Exhibit A). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

1.1 CONTRACTOR shall perform Services within the public rights of way within City of Bakersfield jurisdiction and other areas as specified by City of Bakersfield staff.

1.2 CONTRACTOR shall provide five (5) crews of three (3) people for a total of fifteen (15) employees. In the event five (5) crews of three (3) people are not available, CONTRACTOR will communicate such with CITY.

1.3 CONTRACTOR shall provide Services on a schedule to be determined with availability from Monday through Sunday, between the hours of 6:30 a.m. and 11:00 a.m.

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – November 2025

1.4 CONTRACTOR will clean to a level of cleanliness as determined by City.

1.5 CONTRACTOR will close and secure all bags of litter and debris, and dispose of them at the BSL landfill, Organics Recycling and Composting Facility, or another location as determined by City.

1.6 CONTRACTOR will not place, or cause to be placed, any hazardous or non-hazardous materials into City’s storm-drain system.

1.7 The scope of work shall include all items, supplies, and procedures necessary to properly complete the services that CONTRACTOR has been hired to perform (tools, bags, vehicles, fuel, maintenance, insurance, employee training, etc.).

1.8 CONTRACTOR will provide all necessary transportation and personal protective equipment needed to perform the work in accordance with City safety instructions. At a minimum, CONTRACTOR’S working supervisor must be trained in appropriate safety protocols.

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

On an hourly basis in accordance with the hourly rates as shown on Exhibit “A”.

CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than FIVE

HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED SEVENTY-SEVEN DOLLARS ($549,477.00) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2026, and shall be renewable annually thereafter for four (4) consecutive one-year periods. Renewal options shall be exercised by written notice by the Public Works Director or his designee at the sole option and discretion of the City.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – November 2025

8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to 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.

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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

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

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – November 2025

13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

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

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

20. INSURANCE.

20.1 Types and Limits of Insurance. In addition to any other insurance or security Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – November 2025
required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

20.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

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

20.1.2.2 Provide products and completed operations
coverage;

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

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

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 selfinsurance 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.

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – November 2025
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a firstdollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, CONTRACTOR may utilize a selfinsured 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.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
CONTRACTOR’s insurance and must not contribute with it.

20.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

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

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – November 2025

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

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – November 2025
be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: JACK DAVENPORT SWEEPING SERVICES
PO BOX 9222
Bakersfield, CA 93389

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

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

This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

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

32. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number 77-0178280
CONTRACTOR is a corporation? Yes X No (Please check one.)

Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – November 2025

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 JACK DAVENPORT SWEEPING SERVICES
By:________________________________ By:_________________________________ KAREN GOH Print Name:

Mayor Title: __
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_______________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
AEZ/pt
S:\Public Works\Agrs\25-26\Jack Davenport Sweeping - Agrmnt.docx Attachment(s): Exhibit A – Scope of Work
Docusign Envelope ID: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8

LANCE WADE
Contracts Manager

EXHIBIT A

Certificate Of Completion
Envelope Id: 2F6ABCFF-6110-4D2D-BE65-9E8BB31A73C8 Status: Completed Subject: Complete with Docusign: Jack Davenport Sweeping (CCI) - Agrmnt.pdf Source Envelope:

Document Pages: 9 Signatures: 1 Envelope Originator:

Certificate Pages: 4 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
11/6/2025 8:40:44 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 Signer Events Signature Timestamp

LANCE WADE
[email protected]
Contracts Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 98.97.59.195
Sent: 11/6/2025 8:50:05 AM
Viewed: 11/7/2025 3:41:41 PM
Signed: 11/7/2025 3:45:22 PM
Electronic Record and Signature Disclosure:

Accepted: 11/7/2025 3:41:41 PM
ID: 7edd206c-c9a2-4498-8abd-9be348f9de2e
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/6/2025 8:50:05 AM
Certified Delivered Security Checked 11/7/2025 3:41:41 PM Signing Complete Security Checked 11/7/2025 3:45:22 PM
Completed Security Checked 11/7/2025 3:45:22 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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: LANCE WADE
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Bakersfield:

If you created a DocuSign account, you may update it with your new email address through your account preferences.

INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 1 Updated – November 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 THE OPEN DOOR NETWORK, a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

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

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: litter and bulky waste abatement and pressure washing services as directed by City staff through service requests made by a variety of outlets including but not limited to the Bakersfield Mobile App, online service requests, and requests by email, phone, or other means of communication (“Services”). The full detailed scope of work is attached as Exhibit A (“Scope of Work”). This includes collecting, hauling, and unloading litter as well as bulky items for proper disposal or recycling and regular reporting as assigned by City staff as described by City’s requests for proposals (Exhibit A). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

1.1 CONTRACTOR shall perform Services within the public rights of way within City of Bakersfield jurisdiction and other areas as specified by City of Bakersfield staff.

1.2 CONTRACTOR shall provide up to three (3) crews of four (4) people and one (1) working supervisor for a total of thirteen (13) employees for city clean-ups. In the event three (3) crews of four (4) people are not available, CONTRACTOR will communicate such with City.

1.4 CONTRACTOR shall provide services on a schedule to be determined with availability from Monday through Sunday, between the hours of 6:30 a.m. and 11:00 a.m.

1.3 CONTRACTOR shall provide one (1) crew of two (2) people three (3) days a week for pressure washing services.

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 2 Updated – November 2025

1.5 CONTRACTOR will clean to a level of cleanliness as determined by City.

1.6 CONTRACTOR will close and secure all bags of litter and debris, and dispose of them at any Kern County landfill, or any other location as determined by the City.

1.7 CONTRACTOR will not place, or cause to be placed, any hazardous or non-hazardous materials into City’s storm-drain system.

1.8 The scope of work shall include all items, supplies, and procedures necessary to properly complete the SERVICES that the CONTRACTOR has been hired to perform (tools, bags, vehicles, fuel, maintenance, insurance, employee training, etc.).

1.9 CONTRACTOR will provide all necessary transportation and personal protective equipment needed to perform the work in accordance with City safety instructions. At a minimum, CONTRACTOR’S working supervisor must be trained in appropriate safety protocols.

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

On an hourly basis in accordance with the hourly rates as shown on Exhibit “A”.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 3 Updated – November 2025
records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

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.

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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

12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 4 Updated – November 2025
supplies necessary to perform the services under this Agreement.

13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

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

20. INSURANCE.

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 5 Updated – November 2025

20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for
bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

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

20.1.2.2 Provide products and completed operations
coverage;

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

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

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.

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 6 Updated – November 2025
By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a firstdollar 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 selfinsured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR’s insurance and must not
contribute with it.

20.2.5 Full compensation for all premiums which CONTRACTOR is Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 7 Updated – November 2025
required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.

20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for
CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.

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

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations.

This Agreement may be modified only in a writing approved by City Council and signed by all the parties.

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 8 Updated – November 2025

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

The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: THE OPEN DOOR NETWORK
1921 19th ST
Bakersfield, CA 93301

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

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

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

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

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 INDEPENDENT CONTRACTOR'S AGREEMENT – Over $100,000 Page 9 Updated – November 2025

32. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number 95-2858936
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 THE OPEN DOOR NETWORK
By:________________________________ By:_________________________________ KAREN GOH Print Name:

Mayor Title: __
APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_______________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
AEZ/pt
S:\Public Works\Agrs\25-26\CCI Open Door Network-Agrmnt.docx Attachment: Exhibit “A”
Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 CEO

LAUREN SKIDMORE ,

EXHIBIT A
Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/27/2025
License # 0D44424
(661) 316-5195 (661) 281-4992
18058
The Open Door Network
1921 19th St.

Bakersfield, CA 93301
A 1,000,000
PHPK2573552003 7/1/2025 7/1/2026 100,000
5,000
1,000,000
3,000,000
3,000,000
A 1,000,000
PHPK2573552003 7/1/2025 7/1/2026
A 5,000,000
PHUB871349003 7/1/2025 7/1/2026 5,000,000
10,000
ESG Agreements FY25-26
Certificate holder, its mayor, council, officers, agents, and employees are an additional insured with respect to the general liability policy if required or agreed to in a written contract subject to all the provisions and limitations of the policy per form# PI-GLD-HS (10/01) attached. The general liability policy is primary per form # CG 00 01 04 13.

City of Bakersfield
1600 Truxtun Ave
Bakersfield, CA 93301
THEOPEN01C TRAMIREZ

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
X
X
X
X
X
X
X
Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9

Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 
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Docusign Envelope ID: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Certificate Of Completion
Envelope Id: 8E1DA8F7-A5D5-4C27-BEF5-C49DD43705D9 Status: Completed Subject: Complete with Docusign: The Open Door Network (CCI) - Revised.pdf Source Envelope:

Document Pages: 43 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 City Clerk's Office
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[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
12/5/2025 2:14:11 PM
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 Signer Events Signature Timestamp

LAUREN SKIDMORE ,
[email protected]
CEO
The Open Door Network
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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: LAUREN SKIDMORE ,
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INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 1 Updated November 2025
AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This AGREEMENT is made and
entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation and THE OPEN DOOR NETWORK a
Corporation authorized to do business in California (referred to herein as . R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of litter removal.

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

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: litter abatement services as directed by City staff on specified roadways that are within Caltrans jurisdiction, referred to as , the scope includes performing all
its own trained labor force to manually gather, bag, and pile litter and debris from alongside designated roadways with up to two (2) crews of five (5) people each. crew will clean to a level of cleanliness as determined by City.

Frequency and schedule of clean ups will be provided by City. City will provide supplies (bags and other supplies) that are provided by Caltrans to Contractor. In addition, other duties of a similar nature may be assigned as needed by City. 1.1 Contractor will provide transportation, portable toilets, and all personal protective equipment needed to perform the work in accordance with Caltrans safety instructions.

1.2 freeway litter safety instruction.

1.3 Roadways shall include ramps and shoulders. Caltrans will maintain responsibility for traffic control for shoulder clean-ups. Ramps do not require additional Caltrans traffic control measures. In the event Contractor is requested to provided traffic control measures consistent with Caltrans safety requirements, Contractor will provide an estimate as to the cost of this additional task and upon mutual agreement with City, provide such control.

INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 2 Updated November 2025

1.4 In the event Contractor is asked to remove collected litter from roadways to a designated location, Contractor will provide an estimate as to the cost of this additional task and upon mutual agreement with City, provide for said removal and disposal.

1.5 Medians are not included within the scope of work at this time. In the event some medians are added to the scope of work, City will get an approved list of medians to clean from Caltrans and provide that list to Contractor. A separate crew may be identified by the Contractor at a separate cost to City as explained in 2.2 below.

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

On an hourly basis [or time/material basis] in accordance with the rates as shown on Exhibit A . CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than TWO HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS ($238,818.00) for performing the Scope of Work.

2.1 The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. City shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Compensation shall be made on a per crew basis, with a work crew defined as one (1) crew of five (5) crew members. Crews will be paid a fee for service based on a $30.00 per hour per crew member rate.

Calculating the hourly rate is based on a starting at the time the crew leaves their facility to the time and crew returns to their facility and does not include a 30 minute lunch break. Weekly safety training is included as part of the payment period.

2.2 Compensation for certain medians may incur a higher cost for clean-up due to safety which may include additional cost to Contractor. The parties agree to adjust hourly rate accordingly to offset those costs. This will not increase the annual total cost for the contract.

2.3 Compensation under this agreement is for litter removal and is not subject to INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 3 Updated November 2025
prevailing wage requirements.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall be for a one (1) period and shall be renewable annually thereafter for four (4) consecutive one-year periods. Renewal options shall be exercised by written notice by the Public Works Director or his designee at the sole option and discretion of City.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.

8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to 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.

INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 4 Updated November 2025

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

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

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

13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

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

19. INDEPENDENT CONTRACTOR. This Agreement calls for performance INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 5 Updated November 2025
of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.

20. INSURANCE.

20.1.1 Automobile liability insurance, providing coverage for owned, nonowned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

20.1.2 Commercial general liability insurance, unless otherwise approved by CITY 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:

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

20.1.2.2 Provide products and completed operations coverage;

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

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

20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 6 Updated November 2025
Code which require every employer to be insured against - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a firstdollar coverage basis, or contain a deductible provision. Subject to 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.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
CONTRACTOR must not contribute with it.

20.2.3 The insurance required above, e
insurance, must
approved by CITY 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 -:VII, must be
declared prior to execution of this Agreement and approved by CITY in writing.

20.2.4 The insurance required in this section must be maintained until the written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 7 Updated November 2025
policy.

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

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

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: THE OPEN DOOR NETWORK
1921 19th ST
Bakersfield, CA 93301

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

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

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of profession in California.

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

32. TAX NUMBERS.
95-2858936
INDEPENDENT CONTRACTOR'S AGREEMENT Over $100,000 Page 9 Updated November 2025
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"

CITY OF BAKERSFIELD THE OPEN DOOR NETWORK
By: ________________________________ By: ________________________________________ KAREN GOH Print Name: Mayor Title:

APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_______________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II:_______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance:____________
AEZ/pt
S:\Public Works\Agrs\25-26\Open Door Network (fwy litter)- Agrmnt.docx Attachment(s): Exhibit A

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

City of Bakersfield
1600 Truxtun Ave
Bakersfield, CA 93301
THEOPEN01C TRAMIREZ

INSURICA
8500 Stockdale Highway, Suite 200
Bakersfield, CA 93311
Tori Ramirez, CIC, CISR
[email protected]
Philadelphia Indemnity Insurance Company
X
X
X
X
X
X
X

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ADMINISTRATIVE REPORT
MEETING DATE: December 17, 2025 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: November 21, 2025
SUBJECT: Amendment No. 1 to Agreement No. 2024-010
with NV5, Inc. (to revising the contractor’s schedule of hourly billing rates and extend the term of the agreement until March 31, 2026) to continue providing geotechnical and materials testing services for Capital Improvement Projects. All Wards RECOMMENDATION:

Staff recommends approval of Amendment No.1.

BACKGROUND:

As part of the construction inspection process for the City’s Capital Improvement Program projects, various materials used in construction must be tested for compliance with the specific project’s specifications. The City does not have the staff or the equipment necessary to perform these tests or analysis. Therefore, the City enters into agreements with a local testing laboratory to provide required services.

On January 10, 2024, Council approved an on-call agreement with NV5, Inc. following a formal qualification-based selection process. This agreement provides geotechnical and materials testing services for calendar years 2024 and 2025, with a not-to-exceed compensation amount of $1,266,105.00 In order to maintain a level of service that align with the ongoing demand for inspection services, staff recommends that the current agreement with NV5 Inc. be amended to extend the term of the agreement until March 31, 2026 this extension will ensure coverage and continuity for ongoing Capital Improvement Program (CIP) projects, particularly as many of these projects are expected to continue beyond the current contract end date of December 31, 2025.

The City is currently in the process of selecting new firms through a formal qualifications-based process.

However, it would be unfeasible to onboard a new firm in the middle or latter stages of active projects, as doing so could disrupt project momentum, reduce efficiency, and compromise the consistency of the materials testing and inspection services . Extending the agreement with NV5 Inc. will allow for a smoother transition and uninterrupted support until new contracts are in place and projects are completed.

FISCAL IMPACT:

There is no fiscal impact associated with this amendment, as it is solely a time extension. No additional appropriations are necessary, and any remaining services under the agreement will continue to be funded by budgeted Capital Improvement Projects
COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Amendment No. 1

"EXHIBIT A"

FEE SCHEDULE
ICR 136.58 %

GEOTECHNICAL AND MATERIAL TESTING FOR VARIOUS PROJECTS IN

BAKERSFIELD

1. In-Place Density (ASTM D-2922)
2500 tests @ $ 0 per test

2. Maximum Density (ASTM D-1557)
275 tests @ $ 275.00 per test

3. Check Point (ASTM D-1557)
45 tests@$ 98.00 per test
I

4. In Place Density (CAL 231)
300 tests@ $ 0 per test

5. Maximum Density (CAL 216)
40 tests @ $ 295.00

6. Sand Equivalent (CAL 217)
300 tests @ $120.00 per test

7. Sieve Analysis (CAL 202)
600 tests@ $ 140.00 per test

8. Asphalt Content (CAL 382)
500 tests @ $185.00 per test
incl. in item 11
$ 75,625.00
$ 4,410.00
incl. in item 11
$ 11,800.00
$36,000
$84,000.00
$ 92,500.00

9. Concrete Cylinder (CAL 521)
150 sets @$192.00 per set $ 28,800.00
Note: Assume each set consists of curing 6
cylinders & breaking an average of 4.

10. Aggregate Cleanness (CAL 227)
25 tests@ $130.00 per test $3,250.00. _
11 . Field Technician (see notes)
a. 6000 hours @ $ 125.00 per hour (ST) $ 750,000.00
b. 400 hours@ $187.00 per hour (OT) $ 74,800.00
c. 100 hours @ $ 250.00 per hour (OT) $ 25,000.00

12. Asphalt Concrete In-Place Density (CAL375)
350 tests @ $__0___per test incl. in item 11

N V 5 NV5 WEST, Inc.
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GEOTECHNICAL / MATERIAL TESTING FEE SCHEDULE

GENERAL TERMS & CONDITIONS
• Testing Samples - An hourly preparation charge will be added to all samples submitted that are not ready for testing.
• Turn-Around-Time - Standard TAT indicated in superscript. See notes regarding TAT at bottom of page 3.

RUSH: 50% surcharge. Sample prioritized over other samples in que.

PRIORITY: I 00% surcharge: Completed as fast as possible per method. • Project Setup - A $200 fee applies for setup and administration of OnCall agreements and contracts less than $3,500. • Scheduling - A minimum of 24-hour notice is required to schedule personnel (48-hour for DSNOSHPD projects). For same-day scheduling, a 50% premium applies. Same-day cancellations will incur a 2-hour charge. Cancelation after field personnel have been dispatched will be charged a 4-hour minimum charge.
• Minimum Charges - A minimum charge of 4 hours applies to inspection/testing call-out between O and 4 hours. Eight (8) hours will be charged for work performed over 4 hours up to 8 hours. Overtime charges will be rounded to the nearest half hour.
• Overtime Rates - Rates are based on an 8-hour workday between the hours of7:00 a.m. and 4:00 p.m., Monday through Friday. Work outside of these hours or in excess of 8 hours in one day or over 40 hours in one week will be charged at 1.5 times the listed rates. Work over 12 hours in one day or work on holidays will be charged at 2.0 times quoted rates. • Holidays - New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the following Friday, and Christmas Day. For holidays falling on Saturday or Sunday, the closest regular workday will be observed.

I. PROFESSIONAL. TECHNICAL. & SUPPORT STAF F
(Hourly ratts u11l,ss othuwis, indicattd. Charg,s ar, portal-to portal from/to NV5's lab) A. Professional Staff
Principal Engineer/Geologist/Consultant
Senior Engineer/Geologist/Consultant (PE, CEG)
Project Engineer/Geologist/Consultant
Sr. Staff Engineer/Geologist/Consultant
Staff Engineer/Geologist/Consultant
Construction Services Manager
Project Manager
Standard
$ 210
$ 195
$ 170
$ 145
$ 135
$ 180
$ 170
B. Technical Staff Prevailing Wage Standard
ICC Special Inspector I/ Soil-Asphalt-AC! Technician I $ 118 $ ICC Special Inspector II / Soil-Asphalt-A CI Technician II $ I 25 $ ICC Special Inspector III / Soil-Asphalt-AC! Technician W $ 130 $ A WS Certified Welding Inspector I $ 125 $
A WS Certified Welding Inspector U $ 130 $
Roofing/Waterproofing Inspector I $ 120 S
Roofing/Waterproofing Inspector II $ 130 $
NOT Technician I (UT/Mag PanJDye Pen.) $ 120 $
NOT Technician ll (UT/Mag PanJDye Pen.) $ 130 $
98 105
1 IO
105
110
100
110
100
110
C- Public Works/DSNOSPHD Inspection
Project Inspector / OSHPD IOR C, DSA Pl Ill
Project Inspector / OSHPD !OR B, DSA PI n
Project Inspector / OSHPD !OR A, DSA PI I
DSA Masonry / Shotcrete Inspection I
Standard
DSA Masonry / Shotcrete Inspection U
D. Sample Pickup. Delivery. Storage & Mileage
S I 15
$ 125
$ 135
$ 115
$ 125
Sample Pickup/Delivery (>25mi. r>diusdub)- plus applicable unit price Saturday Sample Pickup/Delivery (hourly, 4 hr minimum, plus mileage) Mileage / Trip Charge - Field Vehicle $0.60 / mi ($30/day min. charge) Mileage-Coring Truck
Vehicle - Field Truck
E. Diamond Coring
$ 100
$ 110
$ 120
$ 100
$ 115
Standard
$ 761hr
$ 105/hr
$ 0.60/mi
$ 0.75/mi
$ 60/day
*Min. charge= field time w/travel + I hr. mob./demob for accessible natwork only - diamond coring outside of natwork areas will be per quote.

NV5 is cu1iji,d
or approv,d by:
• Travel - Hourly travel is charged portal-to-portal for technicians.

Travel charges may be waived for special inspectors within 25 miles of our laboratory. Mileage/frip Charges charged at rates listed below. • Per Diem - Per diem will be charged at 1.1 times the Federal (GSA) rate for all out-of-town assignments unless otherwise arranged. • Project Management & Report Distribution - All assignments are under the supervision of a Registered Professional Engineer.

Engineering time of 0.1 hour per inspection day or ½-hour/week (min) will be invoiced for scheduling, management, & report review. • Outside Services / Drillers-CPT I Subcontractors - Cost plus 15%. • Prevailing Wage - Client shall notify NV5, in writing, of any requirement for payment of California Prevailing Wage or other predetermined wage condition. Client agrees to indemnify NV5 against all costs related Client's failure to notify NV5 of predetermined wage requirements.
• Sample Disposition - Unless previously arranged, all samples will be disposed of upon completion of testing. Any samples suspected of contamination held pending disposition by Client. If requested, retained samples may be archived for a specified period for an agreed monthly fee - typically $5/mo per ring/tube sample, $ I Olmo AC box, $15/mo bulk.
• Certified Payroll - A $40 per week minimum, per project processing fee for Certified Payroll will be assessed on Prevailing Wage Projects. • Escalation - Listed rates are subject to annual escalation in accordance with NV5 Bakersfield's published annual Fee Schedule. Updated Fee Schedules will be published annually and become effective January I.

Machine, Truck & I Operator
Machine, Truck & Operator & Oiler
Machine, Truck, Operator & Oiler- Full Day
Coring Bit Charge
F. Support Staff & Special Services
Laboratory Technician
Certified Payroll Admin. (0.5 hr minJwk)
Court Appearance and Depositions (4 hr min)
Clerical
Prevailing Wage
$230/hr
$340/hr
$2,700
II. MATERIA

LSANDEQUIPMEN T
A. Equipment
I. Air Meter (Concrete) $

2. Asphalt Patch (cold patch / cutback) - per bag $

3. Calibrated Ram (Pull test) $

4. Ceiling Wire Dead-Weight Equip. $

5. Coating Thickness Gauge $

6. Concrete Slab Moisture Emission Kit / RH Probe (ea.) $

7. Floor Flatness (plus labor- 4hr min) $

8. Durometer Gauge (Shore AID) $

9. Dynamic Cone Penetrometer (Wildcat w/ 35 lb hammer) $ I 0. Generator (Portable) $

11. Ground Penetrating Radar (GPR) - (plus labor - 4 hr min) $

12. Hardness Gauge (Brinell. Rockwell) $

13. Non-Shrink High-Strength Grout (per bag) $

14. Nuclear Gauge $

15. Pachometer (Rebar) Survey Equipment $

16. Peristaltic Groundwater Sampling Pump $

17. Portable Generator $

18. Scaffold - Portable $

19. Scl:lmidt Hammer $

20. Skidmore Wilhelm, per day $

21. Torque Wrench (Large,> 100 ft-lb), per day $

22. Torque Wrench (Small), per day $

23. Ultrasonic / Mag. Particle Equipment & Consumables $ Standard
$ 195/hr
$ 295/hr
$2,300
$ 3.50/in
Standard
$130/hr
$80/hr
$405/hr
$72/hr
Rate
55/dy
60/bag
100/dy
168/dy
100/dy
80/ea
600/dy
60/dy
520/dy
100/dy
420/dy
120/dy
50/dy
50/dy
100/dy
210/dy
95/dy
110/dy
75/dy
225/dy
90/dy
28/dy
80/dy

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Bakersfield City CouncilDecember 17, 2025

Bakersfield City Council
December 17, 2025