Agenda, regular meeting, second session — Bakersfield City Council, April 8, 2026 (part 2 of 2)

00911GINAL
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out- of- pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $ for performing the
Scope of Work.

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

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

5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR' s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate ( Bakersfield Municipal Code Chapter 5. 02) where required.

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

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

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

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

9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
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10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval.

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

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

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

14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771. 1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725. 5. It is not a violation of. Labor Code Section 1771. 1 for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103. 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of industrial Relations.
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15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party' s right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

16. INSURANCE.

16. 1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (" Basic Insurance Requirements").

16. 1. 1 Automobile . liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, -with limits of not less than $ 1,000, 000 per occurrence.

16. 1. 2 Commercial general liability insurance, unless otherwise approved by CITY's RiskManager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $ 1, 000, 000 per
occurrence. The policy must:

16. 1. 2. 1 Provide contractual liability coverage for the terms of this Agreement;

16. 1. 2. 2 Provide products and completed operations
coverage;

16. 1. 2. 3 Provide premises, operations, and mobile
equipment coverage; and

16. 1. 2. 4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.

16. 1. 3 Workers' compensation insurance with limits of not less than $ 1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation PIEC- m
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to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

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

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

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

16. 2 General Provisions Applying to All Insurance Types.

16. 2. 1 All policies required of CONTRACTOR must be written on a first - dollar coverage basis, or contain a deductible
provision. Subject to CITY' s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

16. 2. 2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers,
agents, employees, or designated volunteers and any
insurance or self-insurance maintained by CITY and its
mayor, council, officers, agents, employees, and
designated volunteers must be excess of CONTRACTOR' s
insurance and must not contribute with it.

16. 2. 3 The insurance required above, except for workers' compensation insurance, must be placed with insurers
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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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 CITYin writing.

16. 2. 4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY' s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

16. 2. 5 Full compensation for all premiums which the
CONTRACTOR is required to pay to satisfy the Basic
Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.

16. 2. 6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and
carried by CONTRACTOR in connection with this
Agreement.

16. 2. 7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance
Requirements must be provided by, or on behalf of, all
subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors
must agree in writing to be bound by the provisions of this section.

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

18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY' s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against,, INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
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them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
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CONTRACTOR:

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

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

34. TAX NUMBERS.

CONTRACTOR' s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY" " CONTRACTOR"

CITY OF BAKERSFIELD
By: By:

KAREN GOH
Mayor Print Name:

Title:

Signatures on Following Page]

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

CITY DEPARTMENT NAME
0 DEPARTMENT HEAD NAME
TITLE
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
M

NAME & TITLE)
Insurance:

COUNTERSIGNED:

RANDY MCKEEGAN
Finance Director
Attachment: Exhibit
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Design -Build Energy Services Request for Qualifications, City of Bakersfield I have received and reviewed the sample INDEPENDENT CONTRACTOR' S AGREEMENT including the INDEMNITY clause which was sent to me with the City' s RFQ/P. My signature below shall signify our firm' s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract."
Signature: Date:
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BAKERSFIELD
THE SOUND of

PUBLIC WORKS DEPARTMENT

ADDENDUM TO REQUEST FOR PROPOSAL DOCUMENTS
Addendum No. 1 Page 1 of 1
Project: DESIGN - BUILD ENERGY SERVICES FOR THE CITY OF BAKERSFIELD Bid Due Date: August 211, 2024
Time: 5: 00 pm
Anticipated Contract Award Date: September 4th, 2024
Today' s Date: August 5m, 2024

NOTICE TO ALL CONTRACTORS SUBMITTING ON THIS WORK
You are hereby notified of the following changes and/or additions to the above -referenced project. Such changes and/ or additions are hereby made a part of the Plans and Specifications and shall take precedence over anything to the contrary therein.

CLARIFICATION / NOTICE

1. Pre-SOQIn PersonMeeting Information: August 6, 2024, at 3: 00pm a. Public Works Department: 1501 Truxtun Ave, Bakersfield, CA 93301 b. Guest Parking is available at the lot facing Eye Street. c. Meeting Room subject to change: I' Floor Conference Room.

Z Pre-SOQ Teams Meeting Information: August 6, 2024, at 3:00pnr. a. https:// teams.microsoft. com/ Umeetup-
join/ 19%3ameeting_YzdhYzM5MDUtNTY2MC00ZWJiL WIzO WMtMDBhZDAxZmJiMmJm% 40th read. v2/ 0? context=% 7b% 22Tid°/ a22% 3 a% 22b87e 1989- b8ec- 4257- 985c- 6fddc2501 a59% 22% 2c% 22Oid% 22% 3 a% 222ecfa6d5- 0009- 40a7- b481- e42492e4b324% 22% 7d b. Meeting ID: 286 507 091 950
c. Passcode: knorCM
NOTE: All contractors bidding this work shall denote in their proposal that they have received ADDENDUM NO. 1 _ Bidders who do not shall be listed as nonresponsive.

Addendum approved
chary Meye Olimpia Fredric
Interim Director— Public Works Department Purchasing Offrcer

BAKERSFIELD
THE SOUND OF5V48 is 9616ey

PUBLIC WORKS DEPARTMENT

ADDENDUM TO REQUEST FOR PROPOSAL DOCUMENTS
Addendum No. 2 Page 1 of 2
Project: DESIGN - BUILD ENERGY SERVICES FOR THE CITY OF BAKERSFIELD Bid Due Date: August 29th, 2024
Time: 5:00 pm
Anticipated Contract Award Date: September 14th, 2024
Today' s Date: August 15th, 2024

CLARIFICATION / NOTICE
Time. The deadline has now been extended to August 29"', 2024, at 5:00 pm.

On August 6"i, 2024, an optional pre -submission meeting was held. In attendance:
a. Jeffrey Woldhuis - ENGIE Services US
b. Karl Weiss, ENGIE
c. John Burdette, Veolia North America
d. Ashu Jain, ENGIE Services,
e. Andrea de Leon, Veolia
f. Blake Gendron, Trane
g. Alex Smith, Luminace
h. Michelle Parker, Site LogIQ
i. JessicaRither, Site LogIQ
j. Ernest Kim, Ameresco
At this meeting, a previously completed Investment Grade Audit ( IGA) was discussed. Information on that IGA is included below:
a. City IGA completed in 2014 by Schneider Electric ( sub -consultant Parsons) i. Wastewater Treatment Plant No. 2 — add rotary drum thickeners to thicken primary sludge and increase digester gas production. More gas would mean more electricity generation with IC engines.
ii. Wastewater Treatment Plant No. 3 — add rotary drum thickeners to thicken primary sludge and increase digester gas production. More gas would mean more electricity generation with IC engines.
iii. Wastewater Treatment Plant No. 3 — replace 2 agitation air blowers system with 2 rotary compressor systems. Would reduce overall horsepower of activated sludge conveyance system. iv. Wastewater Treatment Plant No. 3 — Repair a previously damaged heat recovery system with operating control issues. AN existing hot water loop can then heat digesters with IC Engine . exhaust instead of using boilers with natural gas.
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Addendum No. 2 Page 2 of 2
Traffic Signal Battery Backup System (BBS) Deployment
v. Wastewater Treatment Plant No. 2 — ReplaceoutdatedIC Engines. Plant2 could generateover I MW of electricity with current Air Board permits.
vi. Wastewater Treatment Plant No. 2 & 3 — Usecentrifugecentratefrom Plant3 dewateringsystem and haul to Plant 2 to distribute over trickling filters. This centratewould kill snails on the trickling filters, improvingtreatmentprocessandreducinglandfill quantitiesfrom excesssnails.

4. Additionally, a previous agreement with Forefront Power from 2020 was discussed. Information on current and future projectsbelow:
i. Installedparking shadestructurewith panelsatthe Parkat Riverwalk. ii. Installed parking shade structure with panels at the Bakersfield Corporation Yard. iii. Installed parking shade structure with panels at the Bakersfield Police Department. iv. Installed parking shade structure with panels at the Public Works Annes Building. v. In permitting phaseto install a parking shade structure with panels at the Bakersfield Ice Center. vi. In designphaseto install a batteryat the Mechanic's BankArena. vii. In design phase to install ground -mounted panels and a battery at the Mt. Vernon Organics RecoveryFacility (which will alsoserveWastewaterTreatmentPlantNo. 2 asthe two sitesare next to each other).
viii. In design phaseto install ground -mounted panels at Wastewater Treatment Plant No. 3.

5. The following do not count toward the 25-page submission limit:
a. Articles of Incorporation
b. Resumes
c. Financial Statements
d. References

6. Applicants must haverelevantand applicablecontractors' licensesrequiredby the Stateof California for the submittedproposedplan.

7. No bid bond is due at this time.

8. No site tours are planned at this time.

NOTE: All contractors bidding this work shall denote in their proposal that they have received ADDENDUM NO. 2 _ Bidders who do not shall be listed as nonresponsive.

Addendum approved by:
ary Meyer Olimpia Fredric
Interim Director — Public Works Department Purchasing Off cer 9OF.IGN1
Exhibit B
Phase 1 Scope of Work - Preliminary IGA Analysis

1. 1. PRELIM OBJECTIVES:

The purpose for the City -Wide Preliminary Analysis is to perform initial energy and engineering analysis services to explore opportunities at the defined PREMISESto determine cost savings, energy generation, and revenue potential and alignment with delivering on CITY' S goals for its facilities and infrastructure.

1. 2. SERVICES TO BE PROVIDED BY CONTRACTOR:

The analysis and preliminary development services will determine the scope of improvements, energy and maintenance savings potential, rough order of magnitude ( ROM) cost estimates, funding sources, and other pertinent PROJECT information to inform the CITY on the overall potential of PROJECTS at the PREMISES.

Services included in the PRELIM:

1. 2. 1. Utility and other data gathering.

1. 2. 2. Site walks.

1. 2. 3. Interviews with departments and relevant staff.

1. 2. 4. Energy analysis and building modeling.

1. 2. 5. Life cycle cost analysis for applicable scopes.

1. 2. 6. Grants and incentives exploration.

1. 2. 7. Funding sources and financing options investigation.

1. 2. 8. Identify preliminary scope of work for selected facility and infrastructure upgrades.

1. 2. 9. Projected energy and maintenance savings potential for each facility and infrastructure upgrade.

1. 2. 10. Financial assessment.

1. 2. 11. ROM cost estimates for implementation.

1. 2. 12. Financing and cash flow scenarios.

1. 2. 13. Funding options.

1. 2. 14. Report( s) and presentation materials agreed upon with CITY.

1. 2. 15. Meetings with CITY key personnel to review the City- wide analysis as well as departmental as required by the CITY.

1. 2. 16. Collaborative refinement of the proposed PROJECTS to prepare to move forward with one or multiple IGA
agreements.

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1. 3. RESPONSIBILITY OF THE CITY:

CITY agrees to provide:

1. 3. 1. As - built drawings for the existing buildings including mechanical, electrical, plumbing, structural, and architectural drawings;

1. 3. 2. Scale floor plans, if available.

1.3. 3. Utility data and/ or bills for electric, gas and water for at least the last 3 years;

1.3. 4. Operations and Maintenance manuals;

1. 3. 5. Remote access to Building Automation Control ( BAS) control systems;

1.3. 6. Service and repair expenditures for relevant mechanical and other dynamic systems;

1.3. 7. Information on existing service contracts and preferred service contractors;

1.3. 8. Access to PREMISESfor auditing and inspections;

1.3. 9. All necessary data gathering for CONTRACTOR to be able to complete the scopes of work and other agreed upon
requirements;

1. 3. 10. Access to key personnel to discuss facility priorities, system requirements and financial information;

1. 3. 11. Access to key personnel to conduct progress and directional meetings, financial planning meetings,
implementation planning meetings, presentation of
PROJECTS, and all other necessary meetings as part of
the multi -phase PROJECTdevelopment, funding, review,
and approval process.

1. 3. 12. Any other relevant data or information that may arise through the normal PRELIM development process that is
agreed to be shared by the CITY.

1. 4 EXCLUSIONS
Specific scopes for solar photovoltaic systems, battery energy storage systems, and other distributed energy resource ( DER) projects exclusive to the Water Resources Facility located at 1000 Buena Vista Road, will be conducted under another contract with the CITY and not included as part of this AGREEMENT. All other DER projects are included in this AGREEMENT.

In addition, zero emissions infrastructure, electric vehicle charging stations and electric vehicle fleet conversion projects will be conducted under a separate agreement for the and not included as part of this AGREEMENT.

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Exhibit C
List of Premises
Following is the list of CITY PREMISES. This list includes all buildings, sites, and other infrastructure to be included in Exhibit B - Phase 1 and Exhibit D - Phase 2 Scopes of Work.

Facility/ Site GSF Department Address Notes
CorpYardA 11, 200 Public Works 4101 Truxtun Ave
Corp Yard B 3, 270 Public Works 4101 Truxtun Ave
Corp Yard C 24, 250 Public Works 4101TruxtunAve
Corp Yard D 37, 050 Public Works 4101TruxtunAve
BPD Westside Substation 6, 100 Police 1301 Buena Vista Rd BPD Downtown Headquarters 60, 680 Police 1601TruxtunAve BPDTralningFacilityAdmin 10, 374 Police 4646 California Ave Police Academy BPD Training Facility Site Police 4646 California Ave
BPD Property Room 33, 370 Police 3425TruxtunAve
BPD Shooting Range 1, 768 Police 3419 Truxtun Ave
City Hall North 56, 330 Public Works 1600TruxtunAve
City Hall South 53, 200 Public Works 1501TruxtunAve
Annex ( Public Works) 34, 980 Public Works 150 1 Truxtu n Ave DevetopmentServices&ParkingDeck 90, 000 PubllcWorks 170 1 Chester AveBuidlingis 44,6003737 StockdaleHwy ( Offices) 8, 700Property Management3737StockdaleHwy Fleet Services & Comms 9, 500Public Works 1515 Eye StreetSilver Creek CommunityCenter & Pool 18, 570 Parks & Rec 7011Harris Rd Silver Creek Park Park Parks & Rec 7011Harris Rd River Walk Park
Parks &Rec 11200StockdaleHwy RiverWalk- Parks& Rec
Substation 3, 100 Parks & Rec11200 Stockdale Hwy Martin Luther King Park Park Parks &Rec 1000SOwen St Does not includeCommunityCenterMill Creek Park Park Parks &Rec 61017thSt Community House ( Mill Creek
Pa rk) 6, 500 Parks &Rec 61017thStMcMurtrey Aquatic Center Outdoor Pool Parks & Rec 1325QSt# 200 Incl. Locker Rooms and Food Valley Children' s Ice Center 60, 968Parks &Rec 1325QSt#100 Dignity Health Arena& Convention Center 255, 524 Public Works 1001 Truxtun Ave Airport Maint. Office 515 Public Works 2000S. Union AirportTrainingRoom 15, 765
Public Works 2000S.Union Airport Hangars 108, 350
Public Works 2000S.Union CBACC (Animal Care Center)
20, 874 Animal Care Center201 South Mount Vernon Ave Green Waste Recycling Facility 3, 260 Solid Waste 2601Mt. Vernon Ave PanoramaSolidWaste 2, 600 Solid Waste 4200Panorama Dr City MaterialRecoveryFacility(MRF) 19, 600 Solid Waste 2260S.Union BrundageLane Navigation Center 70, 612 City Manager 1900E BrundageLn ParkingGarage (18th & Eye St) 154, 000 PublicWorks 1810 Eye St Amtrak Station 9, 000 Public Works 601TruxtunAveVisit Bakersfield4, 400
Public Works 515TruxtunTreatment& RehabilitationFacility 45, 000 City Manager 2310WibleRoadRecently purchasedhotel WWTP# 2 Site Water Dept 1700EPlanzRd Building ft2 is 19, 219 WWTP#3 SiteWater Dept 6901 McCutchen Rd Building ft2is18,431 WaterResourcesOffice 13, 740 Water Dept 1000Buena Vista Rd FS 1 20, 205
Fire2101 H St FS2 7, 350Fire
716E21stSt FS2 Ma intenance
Shop7,800Fire 716E21stSt FS34, 300 Fire
3400Palm St FS4 6, 080 Fire 130Bernard
St FS58, 200 Fire 106EWhiteLnFS6
5, 200Fire 127 Brundage
Ln FS76, 200 Fire 4030SorannoAveFS8
5, 400Fire 2213UniversityAve FS9
4, 000Fire 7912WestwoldDr FS10
6, 800Fire 12100 Alfred
H arrellExpy FS11 4, 200 Fire7000 Stockdale
Hwy FS138, 200 Fire 4900PoppyseedFS14
10, 200Fire 5815 Mountain
Vista Dr FS15 14, 720 Fire 1301 Buena
Vista Rd JROBERTSON\ 38580. 00001\ 5035340.15 S
T; INDEPENDENTCONTRACTOR'S AGREEMENT - Over $ 100,
000 Page 1 of 2 r Q Updated - October29, 2024

ORIGINAL
List continued:

Facility/ Site GSF Department Address Notes
LiftStationsInfrastructure Public Works 81 total; From City' s " CURRENTI NVENTORY.xis" Sumps Infrastructure Water Dept 461 total; From City' s " CURRENTI NVENTORY.xis" Water Wells Infrastructure Water Dept 56 total; From City' s " CURRENTINVENTORY.As" Street Lights Infrastructure Public Works GIS map providedby CityTraffic Signals Infrastructure Public Works 445 total; City providedExcel spreadsheetCITY reservesthe rightto addor removePREMISESat anytime duringthe PRELIMphase of the PROJECTSdevelopment. Additionally, CITY intends that CONTRACTOR will haveexclusivityof PROJECTSbeing developedregardless of PREMISES identified in theabovelist. JROBERTSON\
38580. 00001\ 5035340. 15 INDEPENDENT
CONTRACTOR' S AGREEMENT - Over $ 100, 000 Updated -
October 29, 2024Page
2 of 2 ORIGINAL
Exhibit D
Phase 2 Scope of Work - Detailed IGA & Presentation Reports

1. IGA SERVICES
a) General.
1) CONTRACTOR shall coordinate with the CITY on proposed PROJECTS, selection of materials, building systems and
equipment, financing options, grants, and utility incentives.

CONTRACTOR shall also provide the CITY with
recommendations, consistent with the CITY' s stated criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. 2) CONTRACTOR will schedule meetings with CITY decision - makers over the course of the IGA to provide updates on scope development, PROJECT financials, funding topics,
implementation planning, schedule, and other relevant
PROJECT development and planning SERVICES.
b) Engineering and Design. CONTRACTOR shall perform:
1) Design required to develop the scope and PROJECT solutions that meet stated CITY ESPCProgram Requirements regarding:

A) Financial criteria.

B) General scope and intent.

C) Technological integration.

D) Compatibility with existing PREMISES.
2) Develop design in enough detail to procure subcontractors and materials and develop the GMAX price included ( as
defined in the ESPC).

A) Perform a survey of the spaces and existing systems
throughout the PREMISES to document existing
conditions.

B) Work with the CITYto establish Project goals and criteria.

C) Prepare design documents and/ or criteria for
subcontractor pricing procurement to install
modifications to HVAC, electrical, plumbing, and other
relevant systems and infrastructure.
c) Pre -Construction. As part of the SERVICES:
1) CONTRACTOR shall assemble design documents necessary for pricing procurement.

JROBERTSON\ 38580. 00001\ 5035340. 15
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 100, 000
Updated - October 29, 2024

Page 1 of 4 ends

A
2) CONTRACTOR shall engage subcontractors; familiarize them with the PROJECTS, site and bidding information; and procure pricing for the purposes of establishing CONTRACTOR' s cost proposal in the ESPC.
3) CONTRACTOR shall coordinate with the CITY throughout the performance of the SERVICES.
4) CONTRACTOR will work with CITY to establish criteria for CITY employee training on maintenance and repair of the
proposed equipment and systems.
5) Coordination and directional discussions with CITY for risk management.
d) Preparation of IGA Presentation and Report( s).
1) When the Drawings and Specifications are sufficiently complete, CONTRACTOR will prepare an IGA Presentation and Report. The IGA Presentation and Report will include:

A) Included PROJECTS: The IGA Report will identify the
energy measures included in the PROJECT. For each
included measure and PREMISES, CONTRACTOR will
provide a ' statement of viability' that addresses factors commercial, financial, or otherwise - that led to
inclusion. The IGA Report shall include a methodology
for the calculation of the baseline energy use and a
description of physical conditions, equipment counts,
audit information, nameplate data, and operational
and utility rate control strategies prior to PROJECT
implementation.

For each PROJECT recommended, the IGA Report shall
provide anticipated equipment counts, implementation
costs, efficiency levels or performance characteristics of the equipment comprising the proposed measure, on-
going maintenance costs, projected annual energy and
cost savings, and the expected useful life of the
measure. Projected energy and cost savings must
account for interaction among recommended
measures and utility rate and operational adjustments.

There shall be a separate section in the detailed IGA
Report for each PREMISESand an executive summary
which lists all proposed PROJECTS with the expected
implementation cost, estimated energy cost savings,
useful life of the equipment, and the simple payback for each measure.

JROBERTSON\ 38580. 00001\ 5035340. 15
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 100, 000
Updated - October 29, 2024

Page 2 of 4 ends

1 to
t: o

RIGINPL
B) Excluded PROJECTS: The IGA Report will identify facilities and energy measures considered during the assessment
but not chosen for inclusion/ implementation and for
each excluded facility and measure provide a
statement of non - viability' that addresses factors -
commercial, financial, or otherwise - that led to
exclusion.
e) Energy - Related Services.
1) CONTRACTOR will conduct energy assessments of the
PREMISESto identify viable energy measures and refine the list over the course of the IGA SERVICES.
2) CONTRACTOR will perform energy savings calculations for each recommendation.
3) Impact of electrification and other PROJECTS on utility and operational costs.
4) CONTRACTOR will quantify and summarize PROJECT
economics throughout each phase of design, including:

A) Project costs;
B) Anticipated energy savings;
C) Projected maintenance and other costs savings;
D) Expected paybacks;
E) Possible grants, utility incentives, and other funding sources;
F) Expected Project financing terms and debt service
payment terms ( if applicable); and
G) Prepare reports summarizing scope development,
anticipated cost savings, and other details over the
course of the IGA SERVICES.
f) Preparation of the ESPC.
1) When the Drawings and Specifications are sufficiently complete, CONTRACTOR will prepare an ESPC with GMAX. The ESPC will include:

A) Contract Sum;
B) Contract Time;
C) Construction Schedule;
D) Anticipated energy and other cost savings;
E) Possible grants, incentives, and other funding
opportunities;
F) Projected Project Cashflow;
G) Expected Financing terms;
H) Information upon which the ESPCis based, including:

JROBERTSON\ 38580. 00001\ 5035340. 15
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 100, 000
Updated - October 29, 2024

Page 3 of 4 ends

I? IGINFL'
i) Scope of Work;
ii) Drawings;
iii) Specifications;
iv) Supplementary and other Conditions of the
Contract; and
1) Operation and Maintenance Services and
Responsibilities: Provide a complete description of the maintenance services that CONTRACTOR would
provide and a description of maintenance actions for
which the CITY would retain responsibility, and any
relevant conditions:
i) Operation services to be performed by

CONTRACTOR
ii) Maintenance services to be performed by
CONTRACTOR including repair response times
and agreements
iii) Training to be provided to CITYby CONTRACTOR
iv) Operation services to be performed by the CITY
v) Maintenance services to be performed by the
CITY
vi) A list of CONTRACTOR' s Personnel, Contractors
and Suppliers who will support the activities
above.

J) Preliminary Project Schedule and proposed timetable
for PROJECT completion.
g) Project Financing.
1) If the CITYdetermines to finance the PROJECTcompletely or partially through a lease - purchase, CONTRACTOR will assist CITY in exploring and obtaining financing solutions.
2) CONTRACTOR cannot guarantee that CITYwill receive funding from any energy efficiency rebate, incentive, and/ or loan program( s) ( collectively, " Incentive Funds"); CONTRACTOR expressly disclaims any liability for CITY's failure to receive any portion of the Incentive Funds, and CITY acknowledges and agrees that
CONTRACTOR will have no liability for any failure to receive all or any portion of the Incentive Funds.

JROBERTSON\ 38580. 00001\ 5035340. 15
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 100, 000
Updated - October 29, 2024

Page 4 of 4 ends

1 rY1
01RIGINF
ACC? RV® CERTIFICATE OF LIABILITY INSURANCE 11/ 9/ 2025

D/ DD/ YYYY)
4/ 21//21/ 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 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 Lockton Insurance Brokers, LLC

CONTACT
NAME:

CA License # 01399399
777 S. Figueroa St., 52nd Floor
Los Angeles CA 90017

PHONE FAX
Ext : AIC No
E--MAILc
ADDRESS:
213) 689- 0065 INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: Travelers Property Casualty Company of America 25674

INSURED
Willdan Energy Solutions
INSURER B :

INSURER C : 15060552401EastICatellaAvenue
INSURER D : Suite 300
Anaheim, CA 92806

INSURER E
INSURER F :

COVERAGES CERTIFICATE NUMBER: 21663542 REVISION NUMBER: XXXXXXX

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.

INSRLTR TYPE OF INSURANCE
ADDL
INSD
SUBR

WVD POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY

POLICY EXP

MMIDDIYYYY LIMITS

A X COMMERCIALGENERALLIABILITY

CLAIMS - MADE OCCUR
Y N P- 630- A1178471- TIL- 24 1/ 9/ 2024 11/ 9/ 2025 EACH OCCURRENCE 1000 000

DAMAGE TO RENTED
PREMISES Ea occurrence 1, 000, 000
X MED EXP ( Any one person) s 15, 000Ernp. Benefits Llab.

X Contr. Liab. Incl. PERSONAL & ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 POLICY X PROLOC PRODUCTS - COMP/ OP AGG 2, 000,000 OTHER:

A
AUTOMOBILELIABILITY N N 810- A1161741-24- 43-G 11/ 9/ 2024' I1/ 9/ 2025COMBINEDSINGLE LIMITEaaccident 1, 000, 000
X.. BODILY INJURY (Per person)
s XXXXXXXANY AUTO.. _ ..... BODILY INJURY (Peraccident) .$ XXXXXXX OWNED . SCHEDULEDAUTOSONLY AUTOS '

PROPERTY DAMAGE
Per accident XXXXXXX - -

HIRED F

NON -OWNED AUTOS

ONLY AUTOSONLY XXXXXXX

UMBRELLALIAR OCCUR NOT

APPLICABLE
EACH OCCURRENCE - s XXXXXXXAGGREGATE XXXXXXXEXCESSLIAB. - CLAIMS -MADE DED II RETENTION $ XXXXXXX

A WORKERSCOMPENSATIONAND EMPLOYERS'

LIABILITYYIN ANYPROPRIETOR/PARTNER/ EXECUTIVE OFFICER/
MEMBEREXCLUDED? Mandatory In

NH) N / A
Y UB-8Y032268-
24- 43-
G 11/ 9/ 2024l 1/ 9/ 2025X PER - OTH- STATUTEER E. L.

EACH
ACCIDENT 1,
000,000E. L. DISEASE - EA EMPLOYEE
1, 000,000 If yes, describeunder DESCRIPTION
OFOPERATIONSbelow - E.

L. DISEASE - POLICY LIMIT 1, 000,000 DESCRIPTIONOF OPERATIONSI LOCATIONS I VEHICLES (ACORD 101, Additional RemarksSchedule, may be attached if more spaceis required) _ RE: City - Wide Multi -Phase IGA / 910027.SSTM.021. The City Bakersfield, its mayor, council, officers, agents, employeesand volunteersare includedas Additional-Insured(s) in accordancewith the provisionsoftheGeneral Liabilitypolicy including with respect to liabilityarising out of Contractor's ongoingandcompletedoperations. TheGeneral Liabilityand Automobile Liabilitypolicies evidencedhereinare Primary and Non - Contributoryto other insuranceavailableto anAdditionalInsured, but onlyin accordancewith the provisionsof the policies.**CONTINUEDON NEXTPAGE** CERTIFICATEHOLDER CANCELLATIONSee Attachments

SHOULD ANY OF THE ABOVE
DESCRIBED POLICIESBE CANCELLEDBEFORE 21663542 THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN City Of BakersfieldACCORDANCE WITH THE POLICYPROVISIONS.

Attn: Risk ManagementAUTHORIZEDREPRESENTATIVE
1600 TruxtunAvenue
Bakersfield, CA
933011988- 206
ACORb CORPORATION. All
rightVreserved'' ACORD25 ( 2016/ 03) The
ACORD name and logo are registered marks of ACORD ° o ORIGINPL1 CONTINUATION DESCRIPTION OF 0PERATIONSILOCATIONSIVEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ( Use only if more space is required) CONTINUED"
A Waiver of Subrogation is granted in favor of The City Bakersfield, its mayor, council, officers, agents, employees and volunteersin accordancewith the policy provisions of the Workers Compensationpolicy. Policies include 30-days' notice of cancellation (except 10daysfor non-paymentof premium) and the provisions of eachpolicy govern how notice of cancellation may be delivered to Certificate Holder.

II UGI 1-. GI uujjJ 4
Atf,iOlimyriFEUG- A6( WB4- MasT&kt241506055, Certificate ID: 21663542 Effective 11/ 9/ 2024 to 11/ 9/ 2025 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITYCOVERAGE PART

PROVISIONS
The following is added to SECTION II — WHO IS AN

INSURED
Any person or organization that you agree in a
written
contract or agreement to include as an additional
a. With respect to liability for " bodily injury" or
property damage" that occurs, or for " persona
injury" caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. If, and only to the extent that, such injury or
damage is caused by acts or omissions of you or
your subcontractor in the performance of "your
work" to which the written contract or agreement
applies. Such person or organization does not
qualify as an additional insured with respect to the
independent acts or omissions of such person or
organization
1) Any " bodily injury", " property damage"
personal injury" arising out of the providing,
or failure to provide, any professional
architectural, engineering or surveying
services, including
a) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys, field
orders or change orders, or the
preparing, approving, or failing to prepare
or approve, drawings and specifications;
and
b) Supervisory, inspection, architectural or
engineering activities.
2) Any " bodily injury" or " property damage"
caused by "your work" and included in the
products - completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during the
The insurance provided to such additional insured is policy period. subject to the following provisions c. The additional insured must comply with the If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or
agreement, the insurance provided to the
additionalinsured willbe limited to such minimum
required limits. For the purposes of determining
whether this limitation applies, the minimum limits
required by the written contract or agreement will
be considered to include the minimum limits of
any Umbrella or Excess liability coverage
required for the additiona insured by that written
contract or agreement. This provision will not
increase the limits of insurance described in
Section III — Limits Of Insurance
following duties:
1) Give us written notice as soon as practicable
of an " occurrence" or an offense which may
result in a claim. To the extent possible, such
notice should include:
a) How, when and where the " occurrence" or
offense took place;
b) The names and addresses of any injured
persons and witnesses; and
c) The nature and location of any injury or
damage arising out of the "occurrence"
oroffense.
b. The insurance provided to such additiona insured ( 2) If a claim is made or " suit" is brought against does not apply to the additionalinsured:

RIGINALi -
CG D2 46 04 19 6 2018 The Travelers Indemnity Company. All rights reserved Page 1of 2 Attachment Code: D604165 Master ID: 1506055, Certificate ID: 21663542

COMM ERCIALGENERALLIABILITY
a) Immediately record the specifics of the
claim or" suit" and the date received; and
b) Notify us as soon as practicable and see
to it that we receive written notice ofthe
claim or " suit" as soon as practicable
3) Immediately send us copies of all lecia
pa errs rpceiyed In connect) n with ieelalmsuit , cooperate witTus In e or
investigation or settlement of the claim or
defense against the " suit", and otherwise
comply with all policy conditions
Policy P-630-Al 178471 -TIL-24
Effective 11/ 9/ 2024 to 11/ 9/ 2025
4)
Tendeapy "suitgtoanypoviderOTother
c alm or
insurance which would coversuch additional
insured for a loss we cover. However, this
condition does not affect whetherthe
insurance provided to such additional insured
is primary to other insurance available to such
additionalinsured which covers that person or
organization as a named insured as described
in Paragraph 4., Other Insurance, of Section
IV — Commercial General Liability Conditions.
y
90RIGINAL'

Page 2 of 2 ends

OOMMER( MAe:® E44ETRpL.atitgBILIW055, Certificate ID: 21663542 Policy: P- 630- A1178471- TIL- 24 Effective: 11 / 9/ 2024 to 11 / 9/ 2025
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer' s
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required :By Written Contract
If you specifically agree in a written contract or
agreement _ that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory
basis, this insurance is primary to other insurance
that is available to such insured which covers
such insured as a named insured, and we will not
share with that other insurance, provided that:
1) The " bodily injury" or "property damage"
for which coverage is sought occurs; and
2) The "personaland advertisinginjury" for
which coverageis sought is caused by an
offense that is committed;
subsequentto the.signingof that contractor
agreement by you.

5. Premium Audit
a. We.will compute all premiumsfor this Coverage
Part in accordance with our rules and rates.
b. Premium shown in. this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute the
earned premium for that period and send notice
to the first Named Insured. The due date for audit
and retrospective premiums is the date shown as
the. due date on the bill. If.the sum of the advance
and audit premiumspaid for the policy period is
greater than the earned premium, we will return
the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:

Page 16 of 21 ends

CG T1 00 02 19
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does
not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in
accordance with applicable insurance laws or
regulations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each .insured against whom
claim is made or " suit" is brought.

Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring " suit" or transfer those rights to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal not
less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V — DEFINITIONS

1. " Advertisement" means a notice that is broadcast or published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic -
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for
the purposes of attracting customers or
siinnnrtars is rnnGiriarari an grivPrtisamPnt.
2017 The Travelers Indemnity Company. All rights reserved O,PtGlIVF:Lr_
7 Attachmegt Code D gt976 M eer1: 1506055, Certificate ID: 21663542 Policy P- - A1147 TIL- 24
Effective 11/ 9/ 2024 to 11/ 9/ 2025
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
b) First aid or " Good Samaritan services"
by -any of your "employees" or "volunteer
workers other than an employed or
volunteer doctor. Any such " employees"
or "volunteer workers" providing or failing
to provide first aid or " Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III = LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide " incidental medical
services", first aid or " Good Samaritan
services" to any one person will be deemed
to be one " occurrence".

4. The following exclusion is added to
Paragraph 2.,. Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND: PROPERTY DAMAGE
LIABILITY: .

Sale Of Pharmaceuticals
Bodily injury" or " property damage" arising
out of the violationof a penal statute or
ordinance . , relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:

Incidental medical services" meons:
a. Medical, surgical, dental, laboratory, x-
ray . or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugsor
medical, . dental, or surgical supplies or
appliances.

COMMERCIAL GENERAL LIABILITY
that is available to any of your " employees"
for " bodily injury" that arises out of providing
or failing to provide " incidental medical
services" to any person to the extent not
subject to Paragraph 2. a.( 1) of Section II —
Who Is An Insured.

K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:

7.. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $ 10, 000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT' ° OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION —

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL IAL GENERAL -
LIABILITY CONDITIONS:'
If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:

6. The following is added to Paragraph 4. b., a. " Bodily injury" or " property damage" that Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
occurs; or
CONDITIONS: b. " Personal and advertising injury" caused by This insuranceis excessover any valid and
J
an offense that is committed;
collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
o V,
CG D3 79 02 19 © 2017 The Travelers IndemnityCompany. All rights reserved. Page 5 of in Includes copyrighted material of Insurance Services Office, Inc. with its permission. O Attachment Code: D603994 Master ID: 1506055, Certificate ID: 21663542 POLICYNUMBER: P- 630— A1178471— TIL- 24 ISSUE DATE: 10- 21- 24 EFFECTIVE:- 11/ 9/ 2024 — 11/ 9/ 2025
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED PERSON OR ORGANIZATION - NOTICE OF

CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS INCLUDED IN THIS POLICY

SCHEDULE
CANCELLATION: Number of Days Notice: 30

PERSON OR
ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOMYOU

HAVE AGREED IN A WRITTEN CONTRACT THAT

NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN,, BUT ONLY IF:

1. YOU SEND US A WRITTEN REQUEST TO

PROVIDE SUCH NOTICE, INCLUDING THE

NAME AND ADDRESS OF SUCH PERSON OR

ORGANIZATION, AFTER THE FIRST NAMED

INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND

2.. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE. NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZ—

ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.

IL T4. 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Attachment Code: D603995 Master ID: 1506055, Certificate ID: 21663542 POLICY NUMBER: 810— A1161741- 24- 43— G
Effective 11/ 9/ 2024

COMMERCIAL AUTO
THIS . ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NONCONTRIBUTORY WITH OTHER -- INSURANCE
This: endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A. 1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who
you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liabilityfor.the
2fo.I1oTwhineg is added to Paragraph B. 5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non- contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreementbetweenyou and that personor
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non- contributory.

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

O
kicc,
V 1
1 ORIGl VF,'

Page 1 of 1 ends

Attachment Code: TDOMcate ID: 21663542

BUSINESS AUTO EXTENSIONENDORSEENT
POLICY NUMBER: 810— A1161741- 24- 43— G
Effective 11/ 9/ 2024
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:

No deductible for a covered " auto" will apply to
glass damage, if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph AA. b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
750 for any one " accident".

I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE COVER-
AGE:

We will pay up to $ 50 per day to a maximum of
1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered " auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph AA., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for " loss" to wearing ap-
parel and other personal property which is:
1) Owned by an " insured"; and

COMMERCIAL AUTO
2) In or on your covered " auto".

This coverage applies only in the event of a total
theft of your covered " auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III — PHYSICAL DAMAGE
COVERAGE:

Exclusion 3.a, does not apply to "loss" to one or
more airbags in a covered " auto" you own that in-
flate due to a cause other than a cause of " loss"
set forth in Paragraphs A. 1. b. and A. 1. c., but
only:
a. If that " auto" is a covered " auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.

We will pay up to a maximum of $ 1,000 for any
one " loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representa-
tive prompt notice of the " accident" or " loss" ap-
plies only when the " accident" or " loss" is known
to:
a) You ( if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability com-
pany);
d) An executive officer, director or insurance
manager ( if you are a corporation or other or-
ganization); or
e) Any " employee" authorized by you to give no-
tice of the " accident" or " loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS :

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any " accident"
or " loss", provided that the " accident" or " loss"
arises out of operations contemplated by
such contract. The waiver applies only to the
g
person or organization designated in such ' k
contract.
r in
r
CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4' O Includes copyrighted material of Insurance Services Office, Inc. with its permission. g 0 41GlNF;L
Attachment Code: D603996 Master ID: 1506055, Certificate ID: 21663542 POLICY NUMBER: 810— A1161741- 24- 43— G
ISSUE DATE: 10/ 21/ 24Effective 11/ 9/ 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED PERSON OR ORGANIZATION - NOTICE OF

CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS INCLUDED IN THIS POLICY

SCHEDULE
CANCELLATION: Number of Days Notice: 30

PERSON OR
ORGANIZATION: - ANY PERSON OR ORGANIZATION TO WHOM YOU

HAVE AGREED IN A WRITTEN CONTRACT THAT

NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:

1. YOU SEND US A WRITTEN REQUEST TO

PROVIDE SUCH NOTICE, INCLUDING THE

NAME AND ADDRESS OF SUCH PERSON OR

ORGANIZATION, AFTER THE FIRST NAMED

INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND

2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF

THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZ—

ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.

PROVISIONS
If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days
is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice . to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. rak,6-
rn
IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page1Of '?OF.IG!NP,, Q Attachment Code:' D616078 Master ID: 1506055, Certificate ID: 21663542 TRAVELERS Jft'

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 ( 00) -
POLICY NUMBER: UB- 8Y032268- 24- 43- G

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 extentthat you performwork undera written contractthat requiresyou to obtainthis agreementfrom us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

SCHEDULE
DESIGNATED PERSON:

DESIGNATED ORGANIZATION:

ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

INCLUDING:

ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE

INSURED HAS AGREED BY WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

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 ', 0Q, to any construction group of classifications as designated by the waiver of right to 8- 1 recover from others ( subrogation) rule in our manual. . in DATE OF ISSUE: 10- 21- 24 STASSIGN: PAGE 1 OF 091GtNF:

Attachment Code: D656443 Master ID: 1506055, Certificate ID: 21663542 TRAVELERS Jam,

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3 ( 00) -
POLICY NUMBER: UB- 8Y032268- 24- 43- G

NOTICE OF CANCELLATION

TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX — CONDITIONS:

Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to
each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect.

You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.

SCHEDULE
Name and Address of Designated Persons or Organizations: Number of Days Notice

ANY PERSON OR ORGANIZATION TQ WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE. GIVEN 30 BUT ONLY IF:

1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDIN

G THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION 0 F THIS POLICY; AND

2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE

BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEM ENT.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRIT TEN REQUEST FROM YOU TO US.

All other terms and conditionsof this policy remain unchanged.

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 11/ 9/ 2024 Policy No. UB- 8Y032268- 24- 43- G Endorsement No.

ADMINISTRATIVE REPORT

MEETING DATE: March 25, 2026 AGENDA CATEGORY: Miscellaneous TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: March 17, 2026
SUBJECT: Audit Reports to be referred to Finance, Economic Development and Jobs Committee:

1. Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024.

2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2024.

3. Auditor Communication with Those Charged with Governance (SAS 114 Letter) for fiscal year ended June 30, 2024.

4. Independent Auditors Report – Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2024.

5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2024.

6. Independent Auditors Report – Mechanics Bank Arena, Theater, Convention Center, Dignity Health Amphitheatre & Valley Children’s Ice Center for the fiscal year ended June 30, 2024.

7. Agreed Upon Procedures Report (Public Safety and Vital Services) for the fiscal year ended June 30, 2024.

RECOMMENDATION:

Staff recommends referral to the Finance, Economic Development and Jobs Committee

BACKGROUND:

1. The Annual Comprehensive Financial Report (ACFR), commonly referred to as the Annual Audit Report, represents the City’s financial statements as of June 30, 2024, and were audited by the accounting firm of Brown Armstrong Accountancy Corporation. The curre nt year audit opinion issued by the outside auditors was “unqualified,” which indicates that the City complied, in all material respects, with accounting principles generally accepted in the United States of America.

2. The Agreed Upon Conditions Report is designed to increase efficiency, internal controls and/or financial reporting and includes any reportable conditions noted during the Audit. A summary of the reported conditions are included in the report. The report also addresses conditions identified in the prior year which have all been resolved to the auditors’ satisfaction.

3. The SAS 114 Letter provides information about our auditors’ responsibilities under auditing standards generally accepted in the United States of America, Government Auditing Stan dards, and the Unform Guidance, as well as certain information related to the planned scope and timing of the audit.

4. Contract requirements contained in City of Bakersfield Agreement 76 -153 as amended by Agreements 76-153(5), 76-153(4) 77-44, 85-197 and 92-106 apply to operations of the Bakersfield Subregional Wastewater Management Plan. The City’s compliance with contract requirements is audited on an annual basis. The current compliance report, used by the outside auditors, is

attached for your review and indicates that there were no audit findings.

5. Attached is a letter from the City’s independent auditors Brown Arms trong Accountancy Corporation indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is p erformed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation.

6. Attached is the independent audit report for the Mechanics Bank Arena, Theater, Convention Center, Dignity Health Amphitheatre & Valley Children’s Ice Center, for the fiscal year ended June 30, 2024. This audit report presents the financial statements for this operational unit as of June 30, 2024. The management company (AEG) is required to submit an independent audit report of their operations to the City after the end of each fiscal year. This audit report was prepared by the accounting firm of Barbich, Hooper, King & Hoffman.

7. The Agreed Upon Procedures Report for the Public Safety and Vital Services measure is designed to increase efficiency, internal controls and/or financial reporting and includes any reportable conditions noted during the Audit. This report is a requirement per the guidelines stated in Resolution No. 089 -18 regarding the Public Safety and Vital Services measure. A summary of reported conditions is included in the report.

FISCAL IMPACT:

The act of accepting these reports and refer red to the committee will have no Fiscal Impact to the City General Fund.

COUNCIL GOAL:

Innovative and Efficient City Government

ATTACHMENTS:

None.

Bakersfield City CouncilApril 8, 2026

Bakersfield City Council
April 8, 2026