Amendment No 2 to AGRMT NO 2024-210 Griffin Structures_Final.pdf

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AMENDMENT NO. TWO [2] TO
CONSTRUCTION MANAGEMENT AGREEMENT NO. 2024-210

THIS AMENDMENT NO. TWO (2) TO AGREEMENT NO. 2024-210 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “CITY ”), and GRIFFIN STRUCTURES, INC. a Corporation authorize d to conduct business in California , (referred to herein as “MANAGER”).

R E C I T A L S

WHEREAS, on July 24, 2024, the CITY and MANAGER entered into Construction Management Agreement No. 2024-210 (Agreement) for $ 172,000.00, wherein MANAGER would provide construction management services for the Dr. Martin Luther King Jr. Community Center and Park Revitalization, Project # P2C068 (the “Project”) ; and

WHEREAS, the Project has a total of three (3) phases: Phase A: Pre-Construction Support Services, Phase B: Design Management and Project Management Services, and Phase C: Construction Management and Inspection Services; and

WHEREAS, the original Agreement focused on Phase A of the project for the initial planning and Pre-Construction Support Services for the Project; and

WHEREAS, on November 6, 2024, Amendment No. 1 to Agreement No. 2024-210 between the CITY and MANAGER by increasing compensation by $5,589,556.00 to a new not to exceed amount of $5,761,556.00 to complete Phase B and Phase C; and

WHEREAS, the CITY now requests the MANAGER to provide design to 100% construction documents for use in soliciting a Design- Bid-Build Entity with additional services request (ASR) proposal as listed on Exhibit E; and

WHEREAS, the ASR will increase compensation by $1,184,806.00; and

WHEREAS, the initial two-year term of Agreement 2024-210 is coming to an end on July 24, 2026; and

WHEREAS, the original agreement has renewable options for three (3) consecutive one-year periods; and

WHEREAS, the CITY and MANAGER agree to extend the term by one year to continue provide services; and
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED ____________________________________________________

AMENDMENT TO AGREEMENT
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WHEREAS, CITY and MANAGER now desire to enter into Amendment N o. Two (2) to Construction Management Agreement No 2024-210, by increasing the compensation by $ 1,184,804.00, to a new not to exceed amount of $ 6,946,360.00 and extend the term by one (1) year.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree to amend Agreement No. 2024-210 as follows:

1. Section 2 of Agreement No. 2024- 210 entitled “ ALLOWABLE COSTS AND PAYMENT PROCEDURE” is hereby amended to read as follows:

2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead , and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER ’S Cost Proposal , attached hereto and incorporated herein as Exhibit E, unless additional reimbursement is provided for by amendment of the Agreement . In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the t ime to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $6,946,360.00.

2.1. The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee, shall not exceed $6,946,360.00 (“Compensation”).

2.2. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

2.3. When milestone cost estimates are included in the approved Cost Proposal, MANAGER must obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

2.4. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

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2.5. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs , upon receipt by and approval of CITY’s Contract Administrator of itemized invoices. A pro rata portion of MANAGER ’s fixed fee will be included in the monthly progress payments. Invoices shall be submitted no later than 45 calendar days after the performance of work for which MANAGER is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. If applicable, CITY shall have the right to delay payment or terminate this Agreement in accordance with the provisions herein if MANAGER fails to submit the required deliverable items according to the Scope of Work . Invoices shall be mailed and/ or emailed to CITY’s Contract Administrator at the following address:

CITY OF BAKERSFIELD
Fidel Gonzalez
Parks Construction and Facilities Planner
1600 Truxtun Avenue
Bakersfield, California 93301

2.6. The final invoice must contain the final cost and all credits due to CITY including any equipment purchased under the provisions herein.

MANAGER may submit to CITY a final invoice only when all work under this Agreement has been completed to CITY’s satisfaction; MANAGER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than 60 days after occurrence of the last of these items.

2.7. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by CITY’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

2.8. MANAGER agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various state and federal programs. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement.

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2.9. CITY reserves the right to reject any work that is inadequate or incomplete without being charged for any extra time or
compensation by MANAGER.

2.10. MANAGER must notify CITY when the Scope of Work is 75% complete or when 75% of the budget for the Scope of Work has been expended.

2. Section 5 of Agreement 2024 -210 entitled “TERM” is hear by amended as follows:

5. TERM. This agreement shall terminate on July 24, 2027 and shall be renewable for two (2) consecutive one- year periods. Should any claims against CITY or MANAGER arising out of this Scope of Work be asserted during the term of this Agreement, CITY and MANAGER agree to extend the termination date of this Agreement.

3. Except as amended herein, all other provisions of Agreement No. 2024- 210 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.

TWO [2] to Agreement No. 2024-210 to be executed the day and year first above written.

“CITY” “MANAGER”
CITY OF BAKERSFIELD GRIFFIN STRUCTURES, INC.

By:____________________________ By:_____________________________ KAREN GOH JON HUGHES, President
Mayor

APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARMENT

By:_______________________________

DARIN BUDAK
Recreation and Parks Director

APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney:_______________________ Finance Director: _____________________

VIRIDIANA GALLARDO-KING RANDY MCKEEGAN

Insurance:____________

Attachments: Exhibit E: Additional Services Request

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GRIFFIN STRUCTURES FEE PROPOSAL
City of Bakersfield Community Center and Park Revitalization Project April 8, 2025
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to provide Project and Construction Management Services for the City of Bakersfield MLK Park Revitalization project. This scope is inclusive of providing design through 100% construction documents for use in soliciting a Design-Bid- Build Entity. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:

Project/Construction Management Services Phase A: $ -
ASR 02 - Project/Construction Management Services $
-
ASR 02- Reimbursable Expenses including design services: $ 1,184,806 NEW Contract Total $ 6,946,362
ASR Total Add $ 1,184,806
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. Hourly rates are escalated annually based on the CPI and our fee is inclusive of the annual escalation. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members and tasks, in consultation with the City’s Project Manager, to accomplish the overall objectives and requirements of the project.

Services assume a 9-month schedule for Phase 1 Development of 100% CD’s, a 3-month schedule for Phase 2 - Bidding and 18-month schedule for Phase C - Construction. Pricing includes a 15% markup. Any extension of the schedule may result in additional fee, in good faith negotiation with the City.

SCOPE OF WORK
PHASE 1 – Construction Documents (Park Revitalization)

1.1 Multi-use Sports Field

1.2 Play Areas

1.3 Restroom Building

1.4 Picnic Shelters

1.5 Water Play Features

1.6 Community Gardens

1.7 Amphitheater

1.8 Memorial Monument and Plaza

1.9 Outdoor Fitness Area

1.10 Walkways and Hardscape Improvements

1.11 Landscape Planting and Irrigation

1.12 Site Furnishings and Park Amenities

EXHIBIT E
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1.13 Park Lighting and Electrical Infrastructure

1.14 Community Arts Engagement Program

PHASE 2 – Bidding Support

2.1 Manage work of design build team

2.2 Collaboratively Work with City Staff to Review Design Documents

2.3 Work with Design Team to Ensure Project Stays W ithin Budget

2.4 Work with City Staff to Recommend Design Change s

2.5 Assist in Value Engineering Studies

2.6 Coordinate with Relevant Regulatory Agencies

2.7 Review and Recommend Payment Requests

2.8 Work with City Staff to Perform Quality Control of all Design Deliverables

2.9 Lead Guaranteed Maximum Price negotiations with DBE

2.10 Oversee implementation of early design package s

PHASE C - Construction

3.1 Coordinate with City Project Manager

3.2 Review Contractor's baseline and updated schedu les

3.3 Weekly site visits

3.4 Participate in weekly OAC meetings chaired

3.5 Provide photo documentation of construction pro gress

3.6 Review monthly pay applications

3.7 Review change order request and any claims in a timely basis

3.8 Prepare In-Progress Punch Lists

APPROACH TO PROJECT SCHEDULE
This proposal assumes the following duration and is illustrated in the Resource Allocation Schedule attached:

1. Phase 1 (9 months)

2. Phase 2 (3 months)

3. Phase 3 (18 months)

APPROACH TO STAFFING & PROJECT TEAM
To bring the highest level of efficiency and value to the City, Griffin Structures has assembled following team:

Jon Huges is President of Griffin Structures and will provide executive oversight.

Robert Godfrey as Vice President of Operations will serve as Principal-In-Charge for the duration of the project and will provide as-needed leadership for the team to ensure a successful delivery of each phase.

Robert Echavarria will serve as Project Executive for the duration of the project and the point of contract during the pre-construction phase.

Lance Solomon will serve as the Sr. Construction Manager throughout the project. Lance’s involvement Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

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will commence in subsequent phases.

TBD will serve as Construction Manager during the construction phase of the project.

QUALIFICATIONS & EXCLUSIONS

1. Consultant is not, and shall not act as, a design professional (as defined in Civil Code §2782.8(c)) under this Agreement. However, Consultant shall facilitate the negotiation of the contract(s) between Consultant and any design professional(s) retained by Consultant in connection with the Project to contain a clause whereby the design professional(s) shall indemnify, defend and hold harmless the City and any and all of its officials and employees, except that the design professional’s duty to indemnify, including the duty and cost to defend, is limited to the extent that the claims against the City and its officials and employees arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, and in no event will the cost to defend charged to design professional exceed design professional’s proportionate percentage of fault (provided, however, that if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, then design professional shall meet and confer with the other parties regarding unpaid defense costs). For purposes of the preceding sentence, “design professional” has the meaning ascribed to it Civil Code §2782.8(c), including the architect and the engineers of record who are engaged either by Consultant or by such design professionals (i.e., the design professionals’ sub-consultants) to design the Project and create the Construction Documents.

2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.

3. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s Contractor or by the City.

4. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.

5. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.

6. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.

7. Software licenses or user fees and all software training costs for specific project management software being required by either the City or their Contractor(s) is excluded.

8. Cost of bulk blueprinting for plans and specifications for use by the Contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.

9. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.

10. No FF&E or OS&E procurement is included in this proposal.

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11. Construction Site Security is excluded.

12. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed that any Building Department inspections will be performed by the City’s Building Department inspections staff.

13. Construction Manager will review all RFI’s, Submittals, and Substitutions only for completeness.

Approvals shall be executed by the designer of record.

14. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, Contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.

15. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non-Consultant Delays”). The schedule for completion will be extended for any Non-Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.

16. Dry utility design consultation services are not included.

17. This proposal shall remain valid and in full force and effect for a period of 120 days from date of issuance, after which time it shall be deemed null and void.

18. INDEMNITY (Requested Change)

19.1. MANAGER must indemnify, defend, and hold harmless CI TY and CITY’s officers and employees against any and all liability, claims, actions, cau ses of action, or demands (collectively, “Claims”) whatsoever against them from third parties, to the extent arising from MANAGER’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind wh atsoever, arising out of, connected with, or caused by MANAGER or MANAGER’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. The foregoing does not apply to claims for professional negligence, which are addressed in Section 19.2.

19.2. For work performed by or for MANAGER under this Agr eement where the provisions of Civil Code section 2782.8 apply, MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers and employees against any and all third-party Claims against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, only to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER. In accordance with Civil Code §2782.8, MANAGER’s obligation to indemnify for claims based upon professional negligence does not include the obligation to provide an immediate defense of actio ns or proceedings brought against CITY for professional negligence, but rather to reimburse CIT Y for attorney’s fees and costs incurred by CITY in defending such professional negligence actions or proceedings brought against CITY to the extent caused by MANAGER. MANAGER is not required to indemnify or defend City for any loss, injury, death or damage caused by the negligence or willful misconduct of CITY or of other third parties for which MANAGER is not legally liable. CITY agrees that the provisions of Civil Code §2782.8 will be deemed to apply to any claims for design defects arising from the design work of the architects and engineers engaged by MANAGER in Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

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performance of this Agreement. Additionally, at any time after termination or expiration of this Agreement, MANAGER may elect to assign to CITY any o f MANAGER’s contract(s) with design professionals engaged by MANAGER in the performance of this Agreement. Effective immediately upon such an assignment of a design contract by MANAGER to CITY, MANAGER will not be liable to CITY for Claims arising out of or relating to the performance by the design professional under the assigned contract, and CITY will proceed directly against said design professional (and not against MANAGER) for any such Claims. These provisions regarding assignment by MANAGER to CITY of design contracts will control over any conflicting language in Section 30.1.

19.3 CITY must indemnify, defend and hold harmless MANAG ER and its officers, employees, and consultants (collectively, the “Indemnitees”) from and against any and all Claims, to the extent arisin g out of, connected with, or caused by CITY or CITY’s e mployees, 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 an Indemnitee. Notwithstanding the foregoing, nothing herein will be construed to require CITY to indemnify the Indemnitees for that portion of any Claim to the extent arising from the negligence or willful misconduct of the Indemnitees.

Section 20.1.2 of the Agreement is amended to provi de that the Professional liability insurance limit will apply either per occurrence or per claim.

The following new provisions are added to the Agreement:

35.14 Consequential Damages . CITY and MANAGER waive Claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes:

A. damages incurred by CITY for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or emplo yee productivity or of the services of such persons ; and
B. damages incurred by MANAGER for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit ex cept anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitatio n, to all consequential damages due to either Party ’s termination in accordance with Section 6.

35.15 OPINIONS AND ADVICE

35.15.1 Opinion of Cost . Any opinion of the construction cost prepared by MANAGER represents MANAGER’s judgment as a design professional and is supplied for the general guidance of CITY. Because MANAGER has no control over the cost of labor and m aterials, or over competitive bidding or market conditions, MANAGER does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to CITY.

35.15.2 Advice . Unless CITY, in a separate writing, provides that CITY has authority to bind CITY in CITY’s dealings with third parties, including the trade co ntractors, MANAGER does not have such authority; rather, MANAGER will provide advice (“Advice”) to CITY on such matters, but CITY will make the ultimate decision as to how to act or respond. Consequently, any Advice provided by MANAGER to CITY regarding how CITY should act or respond (e.g., analyzing, reviewing, and advising on bids or change order requests) is merely MANAGER’s professional opinion and CITY is ultimately responsible to such third parties for CITY’s actions and responses. MANAGER’s responsibil ity with respect to Advice is to provide Advice in accordance with MANAGER’s standard of care, and if MANAGER complies with this obligation, then CITY will indemnify, defend, and hold MANAGER harmless from all third party Claims arising from the Advice.

35.15.3 Responsibility for Design and Construction . MANAGER will have no liability for any design defects in design documents prepared by CITY’s consultants or trade contractors, regardless of whether MANAGER or its consultants review or comment on such design documents. As provided in Section 19.2, MANAGER will also have no liability for any design defects in design documents prepared by MANAGER’s consultants if MANAGER assigns such contracts to CITY. The authors of the design documents will be responsible for the accuracy, completeness, coordination, suitability, and compliance with laws of the design documents Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

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they prepare. MANAGER is not constructing the Proj ect and is not responsible for construction defects , regardless of whether MANAGER engages any testing a nd inspection services or has personnel on-site during construction for observation; the trade cont ractors and their respective subcontractors are responsible for construction defects.

Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

AUTOS ONLY
12/24/2025
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Dani Schulze
714-202-0390
[email protected]
License#: 6003745

ARCH SPECIALTY INSURANCE COMPANY
21199
GRIFSTR-01
The Travelers Indemnity Company
25658
Griffin Structures Inc
1 Technology Dr., Building I Ste. 829
Irvine CA 92618
Travelers Property Casualty Company of America
25674
138753008
C
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
1,000,000
2,000,000
X
X
Y
Y
680C2582051
12/31/2025
12/31/2026
2,000,000
C
1,000,000
X
X
X
Y
Y
BAC259119A
12/31/2025
12/31/2026
B
X
Y
UBC2593772
12/31/2025
12/31/2026
1,000,000
1,000,000
1,000,000
A
Professional Liability &
Contractors Pollution Liability
Y
PDCPP0038505
12/31/2025
12/31/2026
Per Claim
Aggregate Limit
Deductible
$2,000,000
$4,000,000
$25,000
AM Bests Rating on all policies above: A/XII or greater.

Re: Phase A of MLK Community Center and Park Revitalization project.

The City Bakersfield, its mayor, council, officers, agents, employees, and volunteers are named as an additional insured as respects general liability as per attached form CG 20 10 and CG 20 37. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Any endorsements attached and/or described herein apply with respects to the operations of the named insured as required by written contract executed prior to loss and subject to statute and policy provisions. 30 Day Notice of Cancellation
City of Bakersfield
Office of Risk Management
1600 Truxton Ave.

Bakersfield CA 93301
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

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

AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GENERAL DESCRIPTION OF COVERAGE
This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT
INCREASED LIMITB. EMPLOYEE HIRED AUTO
I. WAIVER OF DEDUCTIBLE
GLASSC. EMPLOYEES AS INSURED
J. PERSONAL PROPERTYD. SUPPLEMENTARY PAYMENTS

INCREASED
LIMITS K. AIRBAGS
E. TRAILERS
INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP
F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE

TRANSPORTATION

EXPENSES

INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business.The following is added to Paragraph A.1., Who Is An Insured, of SECTION II
COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV
BUSI-
NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own:
"property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire,during the policy period, to be named as an addi- rent or borrow; andtional insured is an "insured" for Covered Autos (2) Any covered "auto" hired or rented byLiability Coverage, but only for damages to which your "employee" under a contract inthis insurance applies and only to the extent that an "employee's" name, with yourperson or organization qualifies as an "insured" permission, while performing dutiesunder the Who Is An Insured provision contained related to the conduct of your busi-in Section II.
ness.B. EMPLOYEE HIRED AUTO
However, any "auto" that is leased, hired,1. The following is added to Paragraph A.1., rented or borrowed with a driver is not aWho Is An Insured, of SECTION II COV- covered "auto".ERED AUTOS LIABILITY COVERAGE:

C. EMPLOYEES AS INSUREDAn "employee" of yours is an "insured" while The following is added to Paragraph A.1., Who Isoperating a covered "auto" hired or rented An Insured, of SECTION II
COVERED AUTOSunder a contract or agreement in an "em-
LIABILITY COVERAGE:ployee's" name, with your permission, while CA T4 20 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

BAC259119A
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

COMMERCIAL AUTO
(2) An adjustment for depreciation and physicalAny "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss".

D. SUPPLEMENTARY PAYMENTS
INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the amount of betterment.1. The following replaces Paragraph A.2.a.(2) of

SECTION II
COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned
covered "auto".(2) Up to $3,000 for cost of bail bonds (in- (5) This Coverage Extension does not apply to:cluding bonds for related traffic law viola- tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor-we cover. We do not have to furnish rowed with a driver; orthese bonds. (b) Any "auto" that is hired, rented or bor-2. The following replaces Paragraph A.2.a.(4) of rowed from your "employee".SECTION II

COVERED AUTOS LIABILITY
G. PHYSICAL DAMAGE
TRANSPORTATIONCOVERAGE:

EXPENSES
INCREASED LIMIT(4) All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured" at our request, including actual graph A.4.a., Transportation Expenses, ofloss of earnings up to $500 a day be- SECTION III PHYSICAL DAMAGE COVER-cause of time off from work. AGE:E. TRAILERS

INCREASED LOAD CAPACITY
We will pay up to $50 per day to a maximum ofThe following replaces Paragraph C.1. of SEC- $1,500 for temporary transportation expense in-TION I COVERED AUTOS: curred by you because of the total theft of a cov-

1. "Trailers" with a load capacity of 3,000 ered "auto" of the pri ate passenger type.v pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONICon public roads. EQUIPMENT

INCREASED LIMIT
F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III

PHYSICAL
The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III
PHYSICAL I. WAIVER OF DEDUCTIBLE
GLASSDAMAGE COVERAGE: The following is added to Paragraph D., Deducti-Hired Auto Physical Damage Coverage ble, of SECTION III

PHYSICAL DAMAGE
COVERAGE:If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than replaced.also provides Physical Damage Coverage for an
owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover-borrow subject to the following: age Extensions, of SECTION III

PHYSICAL
DAMAGE COVERAGE:(1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is:
(1) Owned by an "insured"; and(b) The actual cash value of the damaged or stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age.

Page 2 of 3 ends

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

Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

COMMERCIAL AUTO
K. AIRBAGS (2) Any:

The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III
PHYSICAL DAMAGE time of the "loss";
COVERAGE: (b) Financial penalties imposed under a
Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les-set forth in Paragraphs A.1.b. and A.1.c., but sor;only:
(d) Costs for extended warranties, Credit Lifea. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disabilityhensive Coverage under this policy; Insurance purchased with the loan orb. The airbags are not covered under any war- lease; andranty; and (e) Carry-over balances from previous loansc. The airbags were not intentionally inflated. or leases.

We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATIONone "loss".

The following replaces Paragraph A.5., TransferL. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV BUSINESS AUTO CONDI-age Extensions, of SECTION III
PHYSICAL TIONS:DAMAGE COVERAGE:

5. Transfer Of Rights Of Recovery AgainstAuto Loan Lease Gap Coverage for Private Others To UsPassenger Type Vehicles We waive any right of recovery we may haveIn the event of a total "loss" to a covered "auto" of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "loss", pro-erage is provided, we will pay any unpaid amount vided that the "accident" or "loss" arises out ofdue on the lease or loan for such covered "auto" the operations contemplated by such con-less the following:
tract. The waiver applies only to the person or(1) The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and
CA T4 20 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT

CALIFORNIA
(BLANKET WAIVER)
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.

The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.

Schedule
Person or Organization 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.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

UBC2593772
The Travelers Indemnity Company
12/24/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î æ

COMMERCIAL GENERAL LIABILITY
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò                 
             
          
                 
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì        
                                                                                             × ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò        
          · ¿ ³ » ² ¼ » ¼¬ ±· ² ó ´ ± ½ ¿ ¬ · ± ²¼ » · ¹ ² ¿ ¬ » ¼¿ ² ¼¼ » ½ ® · ¾ » ¼· ²¬ ¸ » ½ ¸ » ¼ « ´ »± º ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® ± ® ó ¬ ¸ · » ² ¼ ± ® » ³ » ² ¬° » ® º ± ® ³ » ¼ º ± ®¬ ¸ ¿ ¬¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² ó ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ² · ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ §© · ¬ ¸ « ® » ¼ ¿ ² ¼ · ² ½ ´ « ¼ » ¼ · ² ¬ ¸ » þ ° ® ± ¼ « ½ ¬ ó ½ ± ³ ° ´ » ¬ » ¼ ± ° » ® ¿ ó ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ó ¬ · ± ² ¸ ¿ ¦ ¿ ® ¼ þ ò ¿ ¹ » þ ½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § þ § ± « ® © ± ® µ þ ¿ ¬ ¬ ¸ »         
× Í ÑÐ ® ± ° » ® ¬ · » ô × ² ½ ò ô î ð ð ì Ð ¿ ¹ » ï ± º ï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. C G T8 0X XX XX
DATE OF ISSUE:
680C2582051
12/31/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î

COMMERCIAL GENERAL LIABILITY
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò                 
             
          
              
           
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì        
                                                                               ø × ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò ÷   Í » ½ ¬ · ± ² × ×
É¸ ± × ß ² × ² « ® » ¼ · ¿ ³ » ² ¼ » ¼ ¬ ± · ² ó Ì ¸ · · ² « ® ¿ ² ½ » ¼ ± » ² ± ¬ ¿ ° ° ´ § ¬ ± þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ¿ ¹ » þ ± ½ ½ « ® ® · ² ¹ ô ± ® ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ²· ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ § ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § Œ ¿ ® · · ² ¹± « ¬ ± º ¿ ² ± º º » ² » © · ¬ ¸ ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ô þ ° ® ± ° » ® ¬ § ½ ± ³ ³ · ¬ ¬ » ¼ ô ¿ º ¬ » ® æ ¼ ¿ ³ ¿ ¹ » þ ô þ ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § þ  ß ´ ´ © ± ® µ ô · ² ½ ´ « ¼ · ² ¹³ ¿ ¬ » ® · ¿ ´ ô ° ¿ ® ¬ ± ® » ¯ « · ° ó½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § æ ³ » ² ¬ º « ® ² · ¸ » ¼· ² ½ ± ² ² » ½ ¬ · ± ²© · ¬ ¸ « ½ ¸© ± ® µ ô   Ç ± « ® ¿ ½ ¬ ± ® ± ³ · · ± ² å ± ® ± ² ¬ ¸ » ° ® ± ¶ » ½ ¬ ø ± ¬ ¸ » ®¬ ¸ ¿ ² » ® ª · ½ » ô ³ ¿ · ² ¬ » ó ² ¿ ² ½ »± ® ® » ° ¿ · ® ÷ ¬ ±¾ »° » ® º ± ® ³ » ¼¾ §± ® ± ²  Ì ¸ » ¿ ½ ¬ ± ® ± ³ · · ± ² ± º ¬ ¸ ± » ¿ ½ ¬ · ² ¹ ± ² § ± « ® ¾ » ¸ ¿ ´ º ± º ¬ ¸ » ¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ » ´ ± ½ ¿ ó¾ » ¸ ¿ ´ º å ¬ · ± ² ± º ¬ ¸ » ½ ± ª » ® » ¼ ± ° » ® ¿ ¬ · ± ² ¸ ¿ ¾ » » ² ½ ± ³ ó · ² ¬ ¸ » ° » ® º ± ® ³ ¿ ² ½ » ± º § ± « ® ± ² ¹ ± · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ®° ´ » ¬ » ¼ å ± ® ¬ ¸ »¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ »´ ± ½ ¿ ¬ · ± ² ø ÷ ¼ » · ¹ ó  Ì ¸ ¿ ¬ ° ± ® ¬ · ± ²± º þ § ± « ® © ± ® µ þ ± « ¬ ± º © ¸ · ½ ¸¬ ¸ »² ¿ ¬ » ¼ ¿ ¾ ± ª » ò · ² ¶ « ® § ± ® ¼ ¿ ³ ¿ ¹ » ¿ ® · » ¸ ¿ ¾ » » ² ° « ¬ ¬ ± · ¬ · ² ó  É· ¬ ¸® » ° » ½ ¬ ¬ ±¬ ¸ »· ² « ® ¿ ² ½ »¿ º º ± ® ¼ » ¼¬ ±¬ ¸ » » ¬ » ² ¼ » ¼ « » ¾ § ¿ ² § ° » ® ± ² ± ®± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ô ¬ ¸ » º ± ´ ´ ± © · ² ¹ ¿ ¼ ¼ · ¬ · ± ² ¿ ´ » ¨ ½ ´ « ó± ¬ ¸ » ® ¬ ¸ ¿ ²¿ ² ± ¬ ¸ » ® ½ ± ² ¬ ® ¿ ½ ¬ ± ® ± ® « ¾ ½ ± ² ¬ ® ¿ ½ ó · ± ² ¿ ° ° ´ § æ ¬ ± ® » ² ¹ ¿ ¹ » ¼ · ² ° » ® º ± ® ³ · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ® ¿ ° ® · ² ½ · ° ¿ ´ ¿ ¿ ° ¿ ® ¬ ± º ¬ ¸ » ¿ ³ » ° ® ± ¶ » ½ ¬ ò          Ý ± ° § ® · ¹ ¸ ¬ î ð ð ë Ì ¸ » Í ¬ ò Ð ¿ « ´ Ì ® ¿ ª » ´ » ® Ý ± ³ ° ¿ ² · » ô × ² ½ ò ß ´ ´ ® · ¹ ¸ ¬ ® » » ® ª » ¼ ò Ð ¿ ¹ » ï ± º ï × ² ½ ´ « ¼ » ½ ± ° § ® · ¹ ¸ ¬ » ¼ ³ ¿ ¬ » ® · ¿ ´ ± º × ² « ® ¿ ² ½ » Í » ® ª · ½ » Ñ º º · ½ » ô × ² ½ ò © · ¬ ¸ · ¬ ° » ® ³ · · ± ² ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.C
G T8 0X XX XX
DATE OF ISSUE:
680C2582051
12/31/2025
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

COMMERCIAL GENERAL LIABILITY
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 methoo, 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 non
contributory 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 "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for 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 perioo 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 premiums paid 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:
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.

8. 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, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 of 21 ends

Includes copyrighted material of Insuran ce Services Office, Inc. with its permiss ion.

Policy #
680C2582051
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

COMM E RCI AL G ENERA L LIAB ILI T Y
that i s av a ilab le to any o f y our " em p loyee s "o ccup at ional therapi st or o ccup at ional fo r "bod i ly injury " that ari s e s out o f pr ov idin gthe rapy as s ist an t, p h y s i c a l ther ap i s t o r or f a i li ng t o prov ide "i ncidental me dic a ls p ee c h- language p a th olo gi st ; or s e r v i c e s " to any p e rs on t o the e x tent n ot(b ) F i rst ai d o r "Good Sama ri tan s e r v i c e s " s ubje c t to P ar ag r ap h 2.a. (1) o f S e c tio n II –by any o f y our " em p loyee s " or " v olunteer Wh o I s An Insur ed.w orke rs ", oth e r th an an em ployed o r v o lunteer d o ctor. An y s uc h " em p loyee s " K. M ED I C AL PAYM EN T S – INCREASE D LI M IT or " v ol untee r w orkers" prov idin g or fa il in g The f o llo wing r e pla ces P aragrap h 7. o fto prov ide fi r s t aid or "Good Sama ri tan SE CTI O N II I – L IMIT S O F I N SURA NCE :s e r v i c e s " during th ei r w ork h ours fo r yo u

7. Su bje ct to P aragrap h 5. abov e, th e Medic a lwil l b e d ee m ed t o b e a c ti ng within th e s co pe o f thei r em ploy m ent b y y ou o r Ex pens e L im i t i s the mo s t w e wil l pay und e r pe rfo rm in g dutie s r elated to t he c o ndu ct C ov erage C fo r al l me di c al ex pens e s o f yo ur bus ine s s . be c aus e o f " bodily inj ury " s us tained b y any one pers on, and w ill be th e highe r o f:3. The fo llowing r epla c e s the la st s e nt en c e o f Pa r ag r aph 5. o f SE CTIO N I II – L IMIT S O F a. $10, 00 0; orINSU R A N CE :
b . The am o unt s how n i n th e D e clarat ion s o fFo r t he p urpo s es o f d eterm i ni ng th e th i s C ov erage P art fo r Medica l E x pens eappl i cable E a c h Occurrenc e L im i t , all r e la ted Lim i t.a ct s or om i s s ions c om m i tted i n prov iding o r fa il in g t o pr ov ide "inci dent al me dical L . AM END MEN T OF EXCES S INS URA NCE s e rv i ce s ", fi r s t a id or "Good Sama ri tan COND I T ION – P ROF ES SI ONAL L IA BIL I TY s e rv i ce s " to any one p er s on wil l b e deemed The f ol lo wing i s added t o P ar ag r aph 4.b . ,to b e one " o cc urrence ". Ex ces s Insu r ance , o f SE CTI O N IV –4. The fol lowing ex clu s ion is ad ded t o CO MM ERCIAL GENE R AL L IA BI LIT Y Pa r a graph 2. , Ex clus ion s , o f SE CTION I – COND I T ION S :

CO V ER AGE S – C O VER AGE A – BODI L Y Thi s in s uranc e is ex c e s s ov er any o f the oth e rINJU RY A ND P ROP ERT Y DAM AGE i nsur an c e, wh eth e r prim ary, ex ces s , c o nti ng entL IA BI LI TY : or on a ny other b a s i s , that i s Pr o fe ss ionalSa le O f Ph armac eu ticals Lia bil ity or s im i la r c ov e rag e, t o th e ex tent t h e "Bo dily inj ury " o r "pr op e rty d am age " ari s ing lo ss i s n o t s ub ject to th e pro fe s s ional s e rv i c e s ou t o f t h e v iola t ion o f a p enal s ta tute o r ex clusion o f C o v erage A or Co v e r age B . ordi nanc e r elatin g t o the s a le of M . B LA NKET W AIVER OF SUBRO GATION –pharma c eut i c al s c om m i tt ed b y, o r w i th t he W H EN R E QUI RED BY WRI TT E N C ON T RACTk now ledg e o r c o n s ent o f t he in s ur ed. O R AG R EEMEN T5. The f ol lo wing i s a dd ed t o th e D EFIN I TION S The f ol lo w ing is add ed to P a ragraph 8. , Tra nsfe rSe ctio n:

O f Ri g h t s O f Re co very Again st O the r s T o U s ,"In ci dent al m ed i c al s e rv i ce s " m ea ns : o f SE CTION IV – C O MMERCIAL GEN ERAL a . Med i c al , s urgic a l, d en tal , lab orato ry, x - L IA BI LI TY CO ND I T ION S :
r ay o r n ursing s erv i ce or tr eatm en t, If the i nsur ed h a s agreed in a wri tten c o n tr a ct o radv i c e o r ins tru ction, o r the r ela ted ag r ee ment to w aiv e that i nsur ed ' s right o ffu rni s hing o f food or be v e rag es; or r e cov e ry against any p ers on o r o rg anizat io n, w e b . The fur nishin g o r di s pens i ng o f drug s o r w aiv e our r ight o f r e c ov e ry agai nst s uch p ers o nm ed i c al , d en tal, or s ur gi cal s u pplie s o r or o r ganizatio n, but only f o r p ay men ts w e m akeappl ia nc e s . be c aus e o f:

6. The f ol lo w i ng is added t o Par agraph 4.b . , a. "Bo dily injury " o r "property d am age " thatE xces s Ins u r ance , o f SE CTI O N IV – o ccurs ; o rCO M M ERCI AL GENE R AL LI A B ILI T Y b . "Pe rs o nal and a dv e rti s ing injury " c aus ed b yCOND I TION S :
an o ffe n s e th at i s c om m it ted ;Thi s i nsur an c e i s ex c e s s ov e r any v al id an d s ubs equent to th e s igni ng o f that c o ntra ct o rcol le c ti ble oth e r i ns ur ance , w h ether p rim a ry, ex c e ss , c o nti ng ent o r on any other b a sis, ag r ee ment.

CG D3 79 02 19 ú 20 17 T he Tra v e le rs In d e mn ity C o mp a ny . All righ ts re se rv e d . Pa ge 5 o f 6 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , Inc. w it h its p e rm is sio n.

Policy #
680C2582051
Docusign Envelope ID: 2B02AF3F-9F66-4FE7-832D-3D4869E111ED

Bakersfield City CouncilMay 13, 2026

Bakersfield City Council
May 13, 2026