AGREEMENT NO. 2022- 207( 2)
AMENDMENT NO. [ 21 TO
AGREEMENT NO. 2022- 207
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 2022- 207 is made and entered into on SEP2 5 2024 , 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, on September 27, 2023, Council approved Amendment No. 1 to Agreement No. 2022-207 to extend the term of the Agreement by one year and to increase compensation by $ 2,600, 000 to continue the supply of fuel and fuel load delivery services; and
WHEREAS, the parties desire to enter into Amendment No. two ( 2) to Agreement No. 2022-207 to extend the term of the agreement by one year and increase compensation by $2,600,000 to continue the supply of fuel and fuel load delivery services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2022- 207 entitled " COMPENSATION" is hereby amended to read as follows:
2. COMPENSATION. - Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED EIGHT MILLION EIGHT HUNDRED THOUSAND DOLLARS ($ 8, 800, 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.
1 mf'- r
Z50RIGINAL
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, 2024. The agreement shall be renewable for two ( 2) 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. two ( 2) to Agreement No. 2022-207 to be executed the day and year first above written.
CITY"
CITY OF BAKERSFIELD
10400,*
By:
KAREN GOH
Mayor
J
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
eBy:.
OSHUA H. RUDNICK
Deputy City Attorney
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
6AC
ME ER
Acting Public Works Director
CONTRACTOR"
AAA OIL, INC., D`BBAACALIFORNIA
FUELS &
LUBJ 1
J
1 By: v
Print Name. C
Title: e L
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l) s
m
ORIGINAL
COUNTERSIGNED:
By:—
R.Wf Mc . EGAN
Finance Director
Insurance Approved by
Risk Management:
OL
a- m
ORIGINAL
ACOR" CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DD/ YYYY).
9/ 18/ 2024
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 certificateholderis an ADDITIONALINSURED, the policy(ies) must haveADDITIONALINSUREDprovisionsor beendorsed.
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
Churchill & Associates Insurance Services Inc
31248 Oak Crest Drive, Suite 140
Westlake Village CA 91361
CONTACT -
NAME: Michelle DeMOSs
PHONE FAX
A C No Ext 805- 372- 2200 AIC No):
ADDRESS: [email protected]
INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: GuideOne Insurance Company 15032
INSURED CAFUELS- 01
AAA Oil, Inc. California Fuels and Lubricants; FOPCO, Inc. 11621 Westminster Avenue
INSURERB: Insurance Company of the West 27847
INsuRERc: General Star Indemnity Company 37362
INSURER D : Garden Grove CA 92843
INSURER E :
INSURER F :
COVERAGES CERTIFICATF Nl1MRFR- 1FR1R799RR Pr: x1ISLIr) M Al11MR1= P.
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.
INSLTRTYPE OF INSURANCEINSD WVDSUBRPOLICY NUMBER MMIDDIYYYY MMIDD/ YYYY LIMITS A
X COMMERCIALGENERAL LIABILITY CLAIMS -
MADE OCCUR Y
Y 62P100999035/ 1/ 20245/ 1/ 2025EACH OCCURRENCE1, 000,000 DAMAGE
TO RENTEDPREMISES
Ea occurrence100, 000 MED
EXP ( Any one person) 5, 000PERSONAL &
ADV INJURY1, 000.000 GEN'
L AGGREGATELIMIT APPLIESPER: GENERAL AGGREGATE 2, 000,000 X X PROPOLICYJECT LOC PRODUCTS - COMP/ OP AGG2, 000,000 OTHER:
A
AUTOMOBILELIABILITY Y Y 62P100999035/ 1/ 20245/ 1/ 2025COMBINED SINGLE LIMIT Ea accident1, 000,000 X
BODILY INJURY ( Per person) ANYAUTO. OWNED
SCHEDULED AUTOS
ONLY AUTOS BODILY INJURY ( Per accident) HIRED
X NON -OWNEDAUTOS
ONLY AUTOS ONLY X
PROPERTY DAMAGE Per
accidentX
CA9948Pollu X MCS90 C
UMBRELLALIABX OCCURIXG671934C 5/ 1/ 20245/ 1/ 2025EACH OCCURRENCE5, 000,000 X AGGREGATE 5, 000,000 EXCESSLIAR CLAIMS - MADE DED
RETENTION $ B
WORKERSCOMPENSATIONAND
EMPLOYERS' LIABILITY Y / N Y
WSA 506056304 5/ 1/ 20245/ 1/ 2025X PEREOTHE.
L. EACHACCIDENT1, 000,000 ANYPROPRIETOR/PARTNER/ EXECUTIVE OFFICER/ MEMBER EXCLUDED? F NIA
E.
L. DISEASE - EA EMPLOYEE1, 000,000 MandatoryIn NH) If
yes, describeunder DESCRIPTION
OF OPERATIONSbelow E. L. DISEASE - POLICY LIMIT 1, 000,000 A Motor Truck Cargo 62P10099903 5/ 1/ 20245/ 1/ 2025Limit 50, 000 B USL& H WSA 506056304 5/ 1/ 20245/ 1/ 2025Statutory 1, 000,000 DESCRIPTION OF OPERATIONSI LOCATIONSI VEHICLES (ACORD 101, AdditionalRemarks Schedule, may be attachedif morespaceis required) City Of Bakersfield, Its Mayor, Counsel, Officers, Agents, Employees, And DesignatedVolunteers are namedas additionalinsured as requiredby writtencontract per the policyforms. Coverageis primaryand non- contributory; waiver of subrogationapplies per the policyforms. CERTIFICATE
HOLDER CANCELLATION SHOULD
ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE THE
EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICYPROVISIONS. City
Of Bakersfield1501
TruxtunAve AUTHORIZED
REPRESENTATIVE Bakersfield
CA 93301Kfi,
1988-
2015 ACORDCORPORATION. Alkryghts rese ved. ACORD
25 ( 2016/ 03) The ACORDname and logo are registeredmarks of ACORDm r- 0ORIGINAL
0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8- 00)
WAIVEROF OUR RIGHTTO RECOVERFROMOTHERSENDORSEMENT - BLANKET Wehavetherightto recoverour paymentsfromanyoneliablefor aninjurycoveredbythispolicy. Wewill notenforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you performwork undera writtencontract that requiresyou to obtain this agreementfrom 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 CaliforniaWorkers' Compensationpremium 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.
TheInformationbelowisrequiredonlywhenthisendorsementis issued _subsequentto preparationof thepolicy.) Endorsement Effective 05/ 01/ 2024 Policy No. WSA 5060563 04 Endorsement: No.
Insured AAA OIL INC
Insurance Company INSURANCE COMPANY OF THE WEST
WC 99 06 34
Ed. 8- 00)
Countersigned By
INSURED
Premium $ INCL .
POLICY NUMBER: 62P100999- 03 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsementmodifies insuranceprovided underthe 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. I 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 onlywith respectto liabilityfor "bodily injury", "property damage" or personalandadvertisinginjury" caused, inwholeorin part, byyouractsor omissionsortheactsoromissions of those acting on your behalf:
In the performance of your ongoing operations; or
2. In connectionwith your premisesowned by or rentedto you.
However:
1. The insuranceaffordedto such additionalinsuredonly appliesto the extent permitted by law; and
2. If coverageprovidedto the additionalinsuredis requiredby a contract or agreement, the insuranceafforded to such additionalinsuredwill not be broaderthan that which you are requiredby the contractor 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 providedto the additionalinsured 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. NKh`- n
rn
OORIGINAL
CG 20 26 04 13- Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 POLICY NUMBER: 62P100999- 03 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsementmodifies insuranceprovided underthe 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 endorsementidentifiesperson(s) or organization(s) who are "insureds" for CoveredAutos 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 endorsementchangesthe policy effective on the inceptiondate of the policy unlessanother date is indicated below.
Named Insured: AAA Oil Inc
Endorsement Effective Date: 5l1/ 2024
SCHEDULE
Name Of Person( s) Or Organ ization( 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.
QtNK4
91 o
ORIGINP,I-
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:
62P100999- 03
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
Thisendorsementmodifiesinsuranceprovidedunderthefollowing:
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.
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.
ORIGIN,L
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsementmodifiesinsuranceprovidedunder the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
Withrespectto coverageprovidedby this endorsement, the provisionsof the CoverageFormapplyunless modified by the endorsement.
A. The following is added to the Other Insurance B.
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:
1. Such " insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
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
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsementmodifies insuranceprovided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this . insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1