AGREEMENT NO.
C23-- 03
INDEPENDENT CONTRACTOR' S AGREEMENT
This INDEPENDENT CONTRACTOR' S AGREEMENT (" Agreement") is made and entered into on DEr 13 2123 , by and between the CITY OF BAKERSFIELD, a municipal corporation, (" CITY" herein) and SILVAS OIL COMPANY, INC., a Corporation authorized to do business in California (" CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of fuel supply and delivery; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill an Annual Contract for Fuel- Bobtail/ Partial Loads, Bid No. 23- 24- 42 (" Project" herein) for a one year initial period beginning upon execution; renewable annually thereafter for four 4) consecutive one- year periods at the City' s option and upon mutually agreeable terms.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in general, of providing an Annual Contract for Fuel- Bobtail/ Partial Loads, Bid No. 23- 24- 42 (" Project" herein).
The scope of work is described as providing all materials, labor, equipment, permits and services necessary to fulfill the requirements of Bid No. 23-24- 42 and any addenda thereto, all incorporated as though fully set forth herein. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. The following shall be deemed to be part of this Agreement as if fully set forth herein:
1. 1 The following shall be deemed to be part of this Agreement as if fully set forth herein:
1. 1. 1 Invitation to Bid No. 23- 24- 42
1. 1. 2 Special Provisions
1. 1. 3 Bid Proposal
1.1.4 Bid Security eAKL,,
1. 1. 5 Non - collusion affidavit
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INDEPENDENT CONTRACTOR' S AGREEMENT
OR!GINAL
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1. 1. 6 Workers Compensation Insurance Certification
1. 1. 7 Statement of OSHA Compliance
1.1.8 Bidders Statement Regarding Insurance Certificate
1.1.9 Letters of transmittal, if any
1.1.10 All provisions required by law to be inserted in this Agreement whether actually inserted or not
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED ONE MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($ 1, 550, 000) in accordance with the bid documents.
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out- of- pocket costs and taxes.
CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty ( 30) days after receipt and approval by CITY of CONTRACTOR' s itemized invoice.
4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement.
CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITYreserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY.
5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY.
6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth.
7. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that F—
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INDEPENDENT CONTRACTOR' S AGREEMENT
S TurchasingTURCMOlimpia - MaiMAgreements 23-24\ AC- Fuel bobtail partial loads, 23- 24- 42, Silvas Oil Co. docx OF/ December 13, 2023
ORIGINALPage 2 of 10 Pages --
party' s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees.
9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California.
10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($ 40, 000. 00), such modification must be approved by the City Council.
11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
12. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one ( 1) year from execution of the Agreement, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable annually thereafter for four ( 4) consecutive one- year periods.
Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield.
13. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default.
The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten ( 10) days of notice from CITY. If said breach cannot reasonably be cured within ten ( 10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) CONTRACTOR makes an assignment either in whole or in part, without the written
INDEPENDENT CONTRACTOR' S AGREEMENT
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ORIGINe
consent of the City shall be cause for the City to immediately terminate the agreement for default.
14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR' s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate ( Bakersfield Municipal Code Chapter 5. 02) where required.
15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITYfor any purpose and is not entitled to any of the benefits provided by CITYto its employees. ThisAgreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
16. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
17. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
18. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance (" basic insurance requirements") herein:
18. 1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($ 1,000, 000) per occurrence; and the policy shall:
18. 1. 1 Provide coverage for owned, non - owned and hired autos.
18. 2 Broad form commercial cieneral liability insurance, unless otherwise approved by the CITY's 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 One Million Dollars ($ 1,000, 000) per occurrence; and the
INDEPENDENT CONTRACTOR' S AGREEMENT
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policy shall:
18. 2. 1 Provide contractual liability coverage for the terms of this Agreement.
18. 2. 2 Provide products and completed operations
coverage.
18. 2. 3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers.
18. 3 Workers' compensation insurance with statutory limits and employer' s liability insurance with limits of not less than One Million Dollars 1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers.
18. 4 All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR' s insurance and shall not contribute with it.
18. 5 Except for workers' compensation, insurance is to be placed with insurers with a Best' s rating as approved by CITY's Risk Manager, but in no event lessthan A-: VII. Any deductibles, self -insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A-: VII, must be declared prior to execution of this Agreement and approved by the CITY in writing.
18. 6 Unless otherwise approved by CITY's RiskManager, all policies shall contain an endorsement providing the CITY with thirty ( 30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
18. 7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
18. 8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided
INDEPENDENT CONTRACTOR' S AGREEMENT
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prior to the execution of this Agreement.
18. 9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
18.10 It is further understood and agreed by the CONTRACTOR that itsliability to the CITYshall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement.
18.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the " basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR.
18. 12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY.
CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement.
19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
20. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
INDEPENDENT CONTRACTOR' S AGREEMENT
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ORIGINAL'
22. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL NORTH
1600 Truxtun Avenue
Bakersfield, CA 93301
CONTRACTOR: SILVAS OIL COMPANY, INC.
PO BOX 1048
Fresno, CA 93714
559- 233- 5171 / 559- 233- 8562 ( FAX)
23. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
24. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
25. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement ( including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties.
26. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. ThisAgreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
INDEPENDENT CONTRACTOR' S AGREEMENT
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27. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
28. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR' s office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITYrepresentatives upon request at any time during regular business hours.
29. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
30. TAX NUMBERS.
CONTRACTOR' s Federal Tax ID Number 95- 3376396
CONTRACTOR is a corporation? Yes X No
Please check one.)
31. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement ( California Government Code section 1090).
32. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
INDEPENDENT CONTRACTOR' S AGREEMENT
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ORIGINAL
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written.
CITY"
CITY OF BAKERS LD
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
i -_?
JOSHUA H RUDNICK
Deputy City Attorney
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
Al L
By:
GREGG STRAKALUSE
Public Works Director
CONTRACTOR"
SILVAS OIL COMPANY, INC.
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Print Name: y N / \.'
Title: /" f. i4, fi'
Insurance:
INDEPENDENT CONTRACTOR' S AGREEMENT
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COUNTERSIGNED:
By:
VAI& Y M EEGAN
Finance Director
Attachment: Exhibits
INDEPENDENT CONTRACTOR' S AGREEMENT
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CERTIFICATE
OF LIABILITYINSURANCE FDATE ( MM/
DDIYYYY) 12/
04/ 2023THIS
CERTIFICATEIS ISSUEDAS A MATTEROF INFORMATIONONLY AND CONFERSNO RIGHTSUPON THE CERTIFICATEHOLDER. THIS CERTIFICATEDOES
NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR ALTERTHE COVERAGEAFFORDED BY THEPOLICIESBELOW, THIS CERTIFICATEOF INSURANCE
DOES NOT CONSTITUTEA CONTRACTBETWEEN THE ISSUINGINSURER( S), AUTHORIZEDREPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:
If thecertificateholder is an ADDITIONALINSURED, the policy(ies) must have ADDITIONALINSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditionsof the policy, certain policies may requirean endorsement. A statementon this certificate does not conferrights to the certificateholder in lieu of suchelldorsement(s). PRODUCER
NAME CT CLIENTCONTACTCENTER FEDERATED
MUTUAL INSURANCE COMPANY HOME
OFFICE: P. O. BOX328 PHONE
Fax A/
C, No, Eat): 888- 333- 4949 (A/ C, No): 507- 446- 4664 ADORE CLIENTCONTACTCENTERFEDINS. COM CNVATONNA, MN 55060 INSURERS AFFORDING COVERAGE _ _ NAIC JJ_ 13935
INSURERA: FEDERATEDMUTUAL INSURANCE COMPANY INSURED
037- 103- 9 INSURER9: INSURER
C: SILVASOIL COMPANYINC, PENCE PETROLEUMCO INC PO
BOX 1048 INSURER
D: FRESNO, CA 93714-1048 INSURER
E: INSURER
F: COVERAGES
CERTIFICATE NUMBER: 149 REVISION NUMBER: 6 THIS
IS TO CERTIFYTHAT THE POUCIESOF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHERDOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATEMAY BE ISSUED
OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIESDESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAIDCLAIMS. IN
TYPE OF INSURANCEADDL SUER POLICY NUMBER OLICY EFF POLICY EXP LIMITS X COMMERCIALGENERAL LIABILITYEACH OCCURRENCE1, 000,000 CLAIMS - MADE OCCUR AMAOE TO ELATEDPREMISES 100, 000 MED
EXP ( Any one person) EXCLUDED A
Y Y 9370720 08/ 01/ 202308/ 01/ 2024PERSONALS ADVINJURY1 000O00GENL AGGREGATELIMIT APPUES PER: X
POLICY M a. I GENERAL
AGGREGATE 2. 000,000 PRODUCTS
S COMPIOPAGO 2, 000,000 OTHER:
AUTOMOBILE
LIABILITY - OMBINED SINGLE LIMIT Ea
auidenp1, 000,000 BODILY
INJURY IPer Peron)ANED
TYAUTO
AUTOS
ONLYISSUFEDULEDN N 9370720 08/ 01/ 202308/ 01/2024BODILYINJURYIPer AccidenilED FacerAcRidenOE
AUTOSONLY AUTTO0035Y NLV X
UMBRELLALAB X OCCUREACH OCCURRENCE10, 000,000 A
EXCESS LIAR f"' MS- MADEN N 9370721 08/ 01/ 202308/ 01/ 2024AOOREOATE10, 000,000 DED
RETENTION WORKERS
COMPENSATION AND
EMPLOYERS' LIABILITY I ANY
PROPRIETORIPARTNERIEXECUTIVE OFFICER/
MEMBER EXCLUDED? N/ A PER
STATUTEDTHER E.
L EACHACCIDENTE.
L DISEASEfA EMPLOYEEIMendaloryin NHIIt
yes, describeunder E.
L DISEASE - POLICY LIMIT DESCRIPTIONOF OPERATIONSbelow DESCRIPTION OF OPERATIONSI LOCATIONSI VEHICLES (ACORD 101, AdditionalRemarks Schedule, may be attachedit morespaceis requiredlSEE
ATTACHEDPAGE CERTIFICATE
HOLDER CANCELLATION 037-
103- 9 CITY
OF BAKERSFIELD1501
TRUXTUNAVE BAKERSFIELD,
CA 93301-5201 14961
SHOULD
ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE
THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICYPROVISIONS. AUTHORIZED
REPRESENTATIVE O
1988-2015 ACORDCORPORATION. All rightsreserved. ACORD
25 ( 2016103) The ACORDname and logo are registeredmarks of ACORDox K4;
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AGENCY CUSTOMER ID: 037- 103- 9
LOC #:
ADDITIONAL REMARKS SCHEDULE
AGENCY
FEDERATED MUTUAL INSURANCE COMPANY
POLICY NUMBER
SEE CERTIFICATE # 149. 6
CARRIER
SEE CERTIFICATE # 149. 6
ADDITIONAL REMARKS
NAMED INSURED
SILVAS OIL COMPANY INC, PENCE PETROLEUM CO INC
PO BOX 1048
FRESNO, CA 93714- 1046
NAIC CODE EFFECTIVEDATE' SEE CERTIFICATE # 149. 6
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE - OF LABILITY INSURANCE
ADDITIONAL NAMED INSUREDS INCLUDE
WHOLESALE FUELS
GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
AUTOMATIC ENDORSEMENT
ADDITIONAL INSUREDS ALSO INCLUDE THE CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES 8
DESIGNATED VOLUNTEERS
FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATEHOLDER IN THE
EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.
ACORD 101 ( 2008101) ©
2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
00SIG NAL
pl UpelLy Ualnaye UI perwllai aim aaverLisnly properLy aamage- occurring aver:
injury" caused, in whole or in part, by: 1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on vour work, on the project ( other than service, POLICY NUMBER: 9370720 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following. -
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Or anization( s): Location( s) Of Covered Operations City of Bakersfield Any Coverage Provided by This Endorsement Risk Management Applies Only to the Delivery of Fuel for the 1501 Truxtun Ave Certificate Holder. the City of Bakersfield, Bakersfield, CA 93301- 5201 its Mayor, Council, Officers, Agents, Employees & Designated Volunteers Are Also
Listed As Additional Insureds.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury",
property damage" or " personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf:
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law: and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 12 19
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured( s) at the
location of the covered operations has been
completed; or
2. That portion of ' your work' out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Insurance Services Office, Inc., 2018
Policy Number: 9370720
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Page
Transaction Effective Date: 08/ 01/ 2023
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
Insured:
Silvas Oil Company Inc
PO Box 1048
Fresno, CA 93714- 1048
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall
applicable limits of insurance.
CG 20 10 12 19 Policy Number: 9370720
not increase the
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Transaction Effective Date: 08/ 01/ 2023
COMMERCIAL GENERAL LIABILITY
CG24531219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ( WAIVER OF SUBROGATION) -
AUTOMATIC
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV - Conditions:
We waive any right of recovery against any person or
organization, because of any payment we make under
this Coverage Part, to whom the insured has waived
its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
extent that the insured has waived its right of recovery against such person or organization prior to loss.
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Insurance Services Office, Inc., 2018 Page 1 of 1
CG 24 53 12 19 Policy Number. 9370720 Transaction Effective Date: 08/ 01/ 2023 s
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 11 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be
otherwise due.
Person or Organization
ANY PERSON OR
ORGANIZATION FOR
WHOM THE NAMED
INSURED IS REQUIRED
UNDER WRITTEN
CONTRACT TO FURNISH
THIS WAIVER,
CALIFORNIA
OPERATIONS ONLY.
2 % of the total California Workers' Compensation premium Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/ 01/ 2023 Policy No. WPL 5027502 09 Insured SILVAS OIL CO INC
Insurance Company INSURANCE COMPANY OF THE WEST
WC 99 06 34
Ed. 8- 00)
Countersigned By
Endorsement No.
Premium $ INCL .
OPK a
vOR1GtNA
INSURED