AGREEMENT NO. 2022- 2070 )
AMENDMENT NO. [ 11TO
AGREEMENT NO. 2022- 207
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2022- 207 is made and entered into on SEP2 7 2023 , by and between the CITY OF BAKERSFIELD, a municipal corporation ( referred to herein as " CITY"), and AAA OIL, INC., DBA CALIFORNIA FUELS & LUBRICANTS a [ Corporation] authorized to do business in California ( referred to herein as " CONTRACTOR").
RECITALS
WHEREAS, On October 5, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022- 207 in the amount of $ 3,600, 000 for the supply of fuel and fuel load delivery services; and
WHEREAS, the parties desire to enter into Amendment No. one ( 1) to Agreement No. 2022-207 to extend the term of the agreement by one year and increase compensation by $ 2,600,000 to continue the supply of fuel and fuel load delivery services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2022- 207 entitled " COMPENSATION" is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND DOLLARS ($ 6, 200, 000) in accordance with the bid documents.
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out- of- pocket costs and taxes.
CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
2. Section 3 of Agreement No. 2022- 207 entitled " TERM" is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one ( 1) year term from beginning October 5, 2023. The agreement shall be renewable for three ( 3) OPKE,,
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consecutive one- year periods at the City' s option and upon mutually agreeable terms.
3. Except as amended herein, all provisions of Agreement No. 2022-207 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. one ( 1) to Agreement No. 2022-207 to be executed the day and year firstabove written.
CITY"
CITY OF BAKERSF ELD
By: A .
A
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
CONTRACTOR''
AAA OIL, INC., DBA CALIFORNIA
FUELS & LUBRI- CANTS
Print Ne:, y' 1` OS Title:
L I SGref4),
Lt -2_ 1 SHUA
H. RUDNICKputy
City AttorneyAPPROVED
AS TO CONTENT: PUBLIC
WORKS DEPA MENT By:
J, 1 GREGG
STRAKALUSEPublic
Works Director Page
2 of 3 Pages -- 00RIGIN,
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COUNTERSIGNED:
By: X/ ' 11
RKNLViftfftGAN
Finance Director
Insurance Approved by
Risk Management:
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DATE ( MM/ DD/ YYYY)
lillCERTIFICATE OF LIABILITY INSURANCE F9/13/ 2023
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 CONTACT
NAME;___
Churchill & Associates Insurance Services Inc PHONE FAX 31248 Oak Crest Drive, Suite 140 ( A/C, No, Ext). 805- 220- 1170 ( A/C, No): 805- 220- 1168
E- MAIL
Westlake Village CA 91361 ADDRESS scarlet churchlllrlsk. com INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: GUIdeOne Insurance Company/ 15032
INSURED CAFUELS-01 INSURERB : InsuranceCopan of the West 27847 AAA Oil, Inc. California Fuels and Lubricants, FOPCO, Inc. 11621 Westminster Avenue INSURER C : UNDERWRITERS AT LLOYDS 32727 Garden Grove CA 92843 INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE N11MRFR- 1n37nAA73R RFVISION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER - -- -- POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE IN POLICY NUMBER MM/ DDYI MM/ DDrYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 62P100999- 02 5/ 1/ 2023 5/ 1/ 2024 EACH OCCURRENCE S1, 000_, 000
X DAMAGESCLAIMS - MADE OCCUR
RENTED
PREMISES ( Ea occurrenceZ _ S100, 000
MED EXP ( Any one person) $ 5, 000
PERSONAL & ADV INJURY _ S 1 .000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000
X POLICY
PRO
LOCJECT _. PRODUCTS- COMP/ OP AGG $ 2. 000, 000
OTHER.
A AUTOMOBILE LIABILITY Y Y 62P100999- 02 5/ 1/ 2023 5/ 1/ 2024 COMBINED SINGLE LIMIT $ 1, 000, 000Ea accident) _ _ - __ ANY AUTO BODILY INJURY ( Per person) S
X OWNED SCHEDULED
BODILY INJURY ( Per accident) $
AUTOS ONLY —: AUTOS
X HIRED X NON -OWNED PROPERTY DAMAGE S
AUTOS ONLY r _
AUTOS ONLY Per accidentl_
X CA 9948-Poll X MCS90
C UMBRELLA LIAB X OCCUR 23' UKPCB2300025- 90400' 06 5/ 1/ 2023 5/ 1/ 2024 EACH OCCURRENCE $ 5. 000, 000 X EXCESS LIAB _ _~~ I CLAIMS -Mill AGGREGATE
DED RETENTION $ 4M X $ 5M $ 4. 000, 000
B WORKERS COMPENSATION Y WSA 5060563 03 5/ 1/ 2023 5/ 1/ 2024 X PER
OTH- ERAND EMPLOYERS' LIABILITY Y / N
STATUTE _ _
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ 1, 000, 000 OFFICER/ MEMBER EXCLUDED? NIA
Mandatory in NH) E. L. DISEASE - EA EMPLOYEE S 1, 000, 000 If es, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1. 000, 000 A Motor Truck Cargo 62P100999- 02 5/ 1/ 2023 5/ 1/ 2024 Limit 50, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Of Bakersfield, Its Mayor, Counsel, Officers, Agents, Employees, And Designated Volunteers are named as additional insured as required by written contract per the policy forms. Coverage is primary and noncontributory, waiver of subrogation applies per the policy forms. rFRTIFIrATF Hn1 r1FR rANrFI I ATlnld
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City Of Bakersfield
1501 Truxtun Ave
AUTHORIZED REPRESENTATIVE
Bakersfield CA 93301
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L4uke
1988-2015ACORDCORPORATION. All righ%M rued.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD O
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POLICY NUMBER: 62P100999- 02 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name Of Additional Insured Person( s) Or Organization( s):
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule. if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule, but only with respect to liability for " bodily injury", " property damage" or personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
1. In the performance of your ongoing operations; or
2. In connection with your premises owned by or rented to you.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. oa'
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CG 20 26 04 13 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 m
L7OftIGINAL
POLICY NUMBER: 62P100999- 02 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization( s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: AAA Oil Inc
Endorsement Effective Date: 5/ 1/ 2023
SCHEDULE
Name Of Person( s) Or Organization( s):
Blanket as per written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A. 1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011
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POLICY NUMBER:
62P 100999- 02
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the " products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 11 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be
otherwise due.
Person or Organization
ANY PERSON OR
ORGANIZATION FOR
WHOM THE NAMED
INSURED IS REQUIRED
UNDER WRITTEN
CONTRACT TO FURNISH
THIS WAIVER
2 % of the total California Workers' Compensation premium Schedule
Job Description
CALIFORNIA
OPERATIONS ONLY
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 05/ 01/ 2023 Policy No. WSA 5060563 03 Insured AAA OIL INC
Insurance Company INSURANCE COMPANY OF THE WEST
WC 99 06 34
Ed. 8- 00)
Countersigned By
INSURED
Endorsement No.
Premium $ INCL .
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form' s Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form' s Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an " insured" under
your policy provided that:
1. Such " insured" is a Named Insured under such
other insurance; and
1. Such " insured" is a Named Insured under such
2. You have agreed in writing in a contract orother insurance; and agreement that this insurance would be
2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from " insured". any other insurance available to such
insured".
04 5 ,K?
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CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance ( 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek
additional insured.
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
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CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 o1 7