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out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone· for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.
8. Workers Compensation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder.
Contractor shall obtain and furnish to City workers' compensation and employer1s liability insurance in an amount of not less than the State statutory limits.
Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation.
9. General Liability Insurance
In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage.
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10. Automobile Liability Insurance
Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City.
11. Certificate of Insurance
Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:
a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and
c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.
Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement.
City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.
12. Independent Contractor
Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder.
13. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
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14. Termination
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
15. Exclusivity and Amendment
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
16. Assignment
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
17. City Employees and Officials
Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.
18. Notices
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the
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situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested:
To City:
City of Huntington Beach
Attn: General Services Manager
2000 Main Street
Huntington Beach, CA 92648
19. Consent
To Contractor:
Merrimac Energy Group
Attn: Bruce Mainor
3738 Bayer Ave., #204
Long Beach, CA 90808
800-900-4081
When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event.
20. Modification
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
21. Section Headings
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
22. Interpretation of this Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, • illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
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23. Duplicate Original
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
24. Immigration
Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.
25. Legal Services Subcontracting Prohibited
Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor.
26. Confidentiality
Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision.
27. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
28. Jurisdiction - Venue
This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
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35. Effective Date
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein.
CONTRACTOR
AND
' ITS: (circ e one) Secreta fFinancial
Officer/ Asst. Secretar-y - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ayor
~~ City Clerk 8/7 /l'o/ <l15
INITIATED AND APPROVED:
&=~i,-e-ct_o_r ___ ,-_ .....
2016
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29. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
30. Attorney's Fees
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
31. Survival
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.
32. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of California.
33. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
34. Entirety
(a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement.
(b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set f01th in the body of this Agreement.
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POLICYHOLDER COPY
f STATE
COMPl:NSATION
INSURANCE
P.O. BOX 8192, PLEASANTON, CA 94588
FUND
ISSUE DATE: 01-03-2019
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
GROUP:
CITY OF HUNTINGTON BEACH
2000 MAIN ST
HUNTINGTON BEACH CA 92648-2702
SC
POLICY NUMBER: 1903687- 2018
CERTIFICATE ID: 74
CERTIFICATE EXPIRES: 09-01-2019
09-01-2018/09-01-2019
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance .fforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ti-«/ IL,,,. xii~~
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2019-01-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF HUNTINGTON BEACH
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2012 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2018-09-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT #1651 - MARY HAZELRIGG PRESIDENT - EXCLUDED.
EMPLOYER
MERRIMAC PETROLEUM INC.
3738 BAYER AVE STE 204
LONG BEACH CA 90808
[REV.7·20141
SC
(MBO,CS)
PRINTED 01-03-2019
SC
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
Ordering:
Physical inventory for all fuel types is monitored electronically via a Veeder Root Monitoring System. This system monitors stored fuel using the following parameters: content, volume, height, usage, and temperature. The City maintains and calibrates this system annually.
Vendor shall provide bulk fuel delivery on an "as needed" basis.
1. Designated City staff will verify tank levels and provide authorization for fuel order and fuel delivery. Vendor shall not order fuel on City's behalf nor schedule delivery without prior authorization by designated City staff.
2. The authorized fuel order should be fulfilled, delivered, and unloaded at the respective tanks/sites within one (1) working day of order authorization by City.
3. Vendor shall provide to City monthly reports as to quantities, locations and types offuels delivered including delivery price. Reports will be due by the 15th of each month for the preceding month.
4. Vendor shall provide to City quarterly and annual summary reports as to quantities, locations, and types of fuels delivered including pricing and total cost information.
Delivery:
1. Vendor shall arrange for delivery of all fuel orders and perform all deliveries in a safe and professional manner, adhering to all applicable Federal, State, Local, American Society of Testing & Materials (ASTM), Department of Transportation (DOT), South Coast Air Quality Management District (SCAQMD), and Air Resources Board (ARB) regulations for the handling and supply of unleaded gasoline, diesel, and jet aviation fuels.
2. Deliveries shall be made during City regular business hours of Mon. through Fri., 7:00 a.m. to 4:00 p.m. to each City location as needed within one (1) working day from receipt of order authorization by designated City staff.
3. Up to one-hour of "standing time" shall be allowable at no charge for the purpose of unloading. If the vendor is unable to begin unloading fuel within one hour after the scheduled arrival at a City site due to delays caused by City operations, demurrage charges may be assessed by Vendor. Such charges shall apply in increments of onequarter (1/4) hours.
4. Vendor shall perform a Veeder Root inventory printout prior to fuel being unloaded into storage tank and shall perform another inventory printout after fuel is unloaded into storage tank. These printouts shall be provided to designated City staff at time of each completed delivery.
5. Vendor shall provide a fuel delivery bill of lading receipt to designated City staff at the time of completed delivery.
6. The Vendor warrants that each carrier/driver utilized by Vendor to deliver fuel to the City of Huntington Beach has the proper operating license, driver safety records, certifications, and insurance required to operate fuel trucks and trailers in accordance with current State, Federal and Local regulations.
7. All delivery carriers/drivers shall be trained and certified in appropriate safety measures and HAZMAT, and equipped to handle the containment, remediation, and proper clean-up of all spills of up to 100 gallons.
8. Vendor shall be responsible for all spillage that may occur during transit, loading or unloading operations
9. Vendor shall be held financially and legally liable for the complete containment, remediation, and disposal of all hazardous waste spills that may occur during Vendor's fueling operations. 10. The supplier shall immediately report any spillage to designated City staff and clean up the spillage within one working day of the time of spillage, or other time period as specified by City of Huntington Beach.
A-1
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
11. In the event of a fuel spill, the supplier is required to immediately notify designated City staff at the delivery location, cover all drains in the vicinity, prevent spill from entering storm drains, attempt to contain the spill, and notify City of Huntington Beach Public Works contract liaison.
12. City will supervise any and all fuel spill remediation and disposal of hazardous waste.
13. Vendor shall correct or adjust gasoline fuel deliveries to be stated, billed, and paid for on the basis of said gasoline at sixty (60) degrees Fahrenheit. Corrections shall be made on all bulk deliveries for petroleum measurement tables.
14. Vendor shall provide City with a hazardous waste spill and emergency procedure.
Fuel Quality and Testing:
1. Fuels supplied by Vendor shall meet current fuel industry laws, codes, requirements, standards and guidelines, including South Coast Air Quality Management District (SCAQMD) and American Society of Testing & Materials (ASTM) laws, regulations and standards.
2. Fuels supplied by Vendor shall be free from contamination.
3. City reserves the right to conduct spot check testing for fuel product quality assurance via an independent laboratory.
4. City of Huntington Beach and/or its authorized representative(s) reserves the right to test fuel(s) quality before, during, and after unloading. Should test results show that the fuel(s) contains contamination; the fuel(s) will be rejected.
5. Vendor shall be responsible for the removal of the fuel(s) from City of Huntington Beach property within three working days after requested to do so should test results show that the fuel(s) contains any contaminants. The vendor shall also be responsible for all cleanup required to all City of Huntington Beach property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, Vendor shall be fully responsible for any and all costs incurred by City of Huntington Beach for any equipment sustaining damage that is attributed to a contaminated fuel(s) that Vendor has delivered.
6. Any aftermarket additive used shall be identified by brand and/or trade name. The manufacturer's additive specifications shall be provided within seven working days to City of Huntington Beach upon request. An additive, if used, shall comply with Environmental Protection Agency (EPA) regulations, and shall be compatible with the refiner's product.
7. Additives which increase emissions of sulfur and other substances proven to damage the environment and/or which are disallowed by EPA regulations will not be accepted.
Fuel Type and Pricing:
The prices of all fuels shall be adjusted daily reflecting the OPIS unbranded, low daily rack/terminal prices published at approximately 10:00 a.m. Eastern Time, for the ''Los Angeles" PADD 5 report.
1. Unleaded fuel shall be CaRFG Ethanol 10%
2. Premium unleaded fuel shall be CaRFG Ethanol 10%
3. Diesel fuel shall be CARFG Ultra Low Sulfur Diesel No. 2 A-2
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
Invoices:
1. Vendor shall submit invoices electronically, as an attachment to email formatted as a .PDF, to designated City staff by close of business 5:00 p.m. on the day following delivery.
2. Invoices will be due net 30 days from invoice date.
3. Payment shall only be made for quantities actually delivered and accepted.
4. Invoices shall be generated one per location delivery; shall detail the date, time, location of delivery; type of fuel delivered; quantity of fuel delivered in gallons; and shall itemize all unit prices, taxes, and fees.
5. The vendor shall submit with each invoice a copy of the delivery bill of lading from the carrier, and a copy of the applicable OPIS price sheet.
6. The City is exempt from Federal Fuel Excise Tax. Invoices shall not assess Federal Fuel Excise Tax to the City and if such charge is shown shall include a credit for same and in the same amount.
Credit Card:
The City may elect, at its discretion, to utilize a Visa or MasterCard branded procurement card and authorize vendor to charge invoices via credit card.
Prices:
1. The City of Huntington Beach is exempt from Federal Fuel Excise Tax. Invoices shall not assess Federal Fuel Excise Tax to the City and if such charge is shown shall include a credit for same and in the same amount.
2. Base fuel cost will always be the OPIS "Los Angeles" PADD 5 report as of 10:00 a.m.
Eastern time on the day that the order is placed.
a. Regular unleaded gasoline shall be CaRFG Ethanol 10%. b. Premium unleaded gasoline shall be CaRFG Ethanol 10%. c. Diesel fuel shall be CARB Ultra Low Sulfur Diesel No. 2.
UNLEADED GASOLINE
Price shall apply to the low rack/terminal price in the column entitled "Los Angeles", PADD 5, Los Angeles CARFG Ethanol 10.0%, unbranded Low Rack, in the OPIS daily report published approximately 10:00 a.m. Eastern Time Zone.
1. Bulk Purchase Full Truckload (6,000+ aallons)
Discount per gallon (minus) PPG: $0.059
Delivery charge PPG: $0.038
2. Bulk Purchase Less Than Full Truckload (2,500 - 5,999 aallons) Discount per gallon (minus) PPG: $0.049
Delivery charge PPG: $0.058
3. Bulk Purchase Less Than Full Truckload (less than 2,500 aallons) Discount per gallon (minus) PPG: $0.029
Delivery charge PPG: $0.093
A-3
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
PREMIUM UNLEADED GASOLINE
Price shall apply to the low rack/terminal price in the column entitled "Los Angeles", PADD 5, Los Angeles CARFG Ethanol 10.0%, unbranded Low Rack, in the OPIS daily report published approximately 10:00 a.m. Eastern Time Zone.
4. Bulk Purchase Full Truckload (6,000+ aallons)
Discount per gallon (minus) PPG: $0.069
Delivery charge PPG: $0.039
5. Bulk Purchase Less Than Full Truckload (2,500 - 5,999 aallons) Discount per gallon (minus) PPG: $0.049
Delivery charge PPG: $0.058
6. Bulk Purchase Less Than Full Truckload (less than 2,500 aallons) Discount per gallon (minus) PPG: $0.039
Delivery charge PPG: $0.093
ULTRA-LOW SULFUR DIESEL FUEL PRICING
Price shall apply to the low rack/terminal price in the column entitled "Los Angeles", PADD 5, Los Angeles CARFG Ultra Low Sulfur Diesel, unbranded Low Rack, in the OPIS daily report published approximately 10:00 a.m. Easter Time Zone.
7. Bulk Purchase Full Truckload (5,000+ aallons)
Mark-up per gallon (plus) PPG: $0.049
Delivery charge PPG: $0.0415
8. Bulk Purchase Less Than Full Truckload (2,500 - 4,999 aallons) Mark-up per gallon (plus) PPG: $0.055
Delivery charge PPG: $0.062
9. Bulk Purchase Less Than Full Truckload <less than 2,500 qallons) Mark-up per gallon {plus) PPG: $0.089
Delivery charge PPG: $0.093
RENEWABLE DIESEL FUEL PRICING
Price shall apply to the low rack/terminal price in the column entitled "Los Angeles", PADD 5, Los Angeles NESTE Renewable Diesel (or relevant successor index appropriate for this fuel type), unbranded Low Rack, in the OPIS daily report published approximately 1 O:OO a.m. Eastern Time.
10. Bulk Purchase Full Truckload (5,000+ aallons)
Mark-up per gallon (plus)
Delivery charge
A-4
PPG: $0.069
PPG: $0.0415
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
RENEWABLE DIESEL FUEL PRICING cont'd
11. Bulk Purchase Less Than Full Truckload (2,500 - 4,999 Qallons) Mark-up per gallon (plus) PPG: $0.075
Delivery charge PPG: $0.062
12. Bulk Purchase Less Than Full Truckload (less than 2,500 Qallons) Mark-up per gallon (plus) PPG: $0.109
Delivery charge PPG: $0.093
DEMURRAGE
14. DemurraQe
Charges per one-(1/4) hour in excess of initial one (1) hour. $30.00 OPIS Report
A copy of the daily OPIS Report per fuel type that is published approximately 10:00 a.m. Eastern Time on the order date shall be provided with each fuel delivery invoice. The vendor shall acquire an OPIS subscription in the name of the City of Huntington Beach for diesel and unleaded fuels annually.
15. OPIS Subscription
Annual Subscription $1,716 delivery via email
Credit Card Processing
The City may elect, at its discretion, to utilize a Visa or MasterCard branded procurement card and charge bulk fuel purchases to the credit card.
The City may elect, at its discretion, to utilize a Visa or MasterCard branded procurement card and charge bulk fuel purchases to the credit card.
16. Credit Card Processino
Processing Fee
(indicate percentage of total charge or flat rate per transaction) 0.0295% of total charge A-5
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BULK FUEL: UNLEADED AND DIESEL
EXHIBIT A
FUEL TANK SITES (all sites are underground)
Location # Type of Fuel Tanks
Gothard Fire Station 1 Unleaded
18311 Gothard Street 1 Diesel
Park Tree and Landscape Yard 1 Unleaded
17 581 Gothard Street 1 Diesel
Civic Center 1 Unleaded
2000 Main Street 1 Diesel
Beach Maintenance Yard 1 Unleaded
8669 Edison Way 1 Diesel
Utilities Yard aka Water Operations 1 Unleaded
19001 Huntington Street 1 Diesel
Lake Fire Station 1 530 Lake Street Diesel
Warner Fire Station 1 Premium
Unleaded
3831 Warner Avenue 1 Diesel
CityYard aka Corporation Yard 1 Unleaded
17371 Gothard Street 1 Diesel
A-6
Capacity
in Gals.
4,000
2,000
10,000
5,000
12,000
5,000
5,000
2,000
12,000
12,000
4,000
6,000
2,000
15,000
12,000
DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 41
Meeting Date: 11/14/2023 / Packet Page #: 1191
AMENDMENT NO, 1 TO SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MERRIMAC PETROLEUM INC., dba MERRIMAC ENERGY GROUP
FOR
BULK FUEL SERVICES - GASOLINE AND DIESEL .
IBIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and MERRIMAC PETROLEUM, INC, dba MERRIMAC ENERGY GROUP, hereinafter referred to as "Contractor."
WHEREAS, City and Contractor are pat1ies to that ce1tain agreement, dated February l, 2019, entitled "Service Agreement Between the City of HW1tington Beach and Merrimac Petroleum, Inc, dba Merrimac Energy Group for Bulk Fuel Services - Gasoline and Diesel" which agreement shall hereinafter be referred to as the "Ol'iginal Agreement"; and
City and Contractor wish to amend the Original Agreement to ex.tend the t term of the Agreement,
NOW, THEREFORE, it is agreed by City and Contractor as follows:
1. TERM
The term of the Agreement is ex.tended for three additional years until January 31, 2025.
2. REAFFIRMATION
Except as specifically modified herein, all other tenns and conditions fol' the Ol'iginal Agreement shall remain in full force and effect. 22-10845/274409
DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 42
Meeting Date: 11/14/2023 / Packet Page #: 1192
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on __ J_a_n_u_a_r~y_3_0 __ __,, 2022.
MERRIMAC PETROLEUM, INC., dba
MERRIMAC ENERGY GROUP
printnnmc
ITS: (circle one) Chalrman/PresidcntNice President
( prlntnnmc
]TS: (circle 01w) Secretary/ChiefFinnncinl
Officer/ Asst, Secretnry - Treasurer
22-10845/274409
CITY OF HUNTrNGTON BEACH, a
m •
Ca
May&(~tu~
City Clerk ,;i,jtof&iJ!i;.
2 DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 43
Meeting Date: 11/14/2023 / Packet Page #: 1193
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 2/8/2022
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 AMENP, 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 certlflcate holder ls an ADDITIONAL INSURED, the pollcy(los} must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). rnooucER Ed3ewood Partners Insurance Center (EPIC) ~2~~~CT Tina Coleman 19 00 MacArthur Blvd. PH Floor r.~E'-1,l'n ~-"· 949-417-9164 IF~ Nol, 949-809-2364 Irvine, CA 92612 ~~o'?l~ss· tlna.coleman('ci).eplcbrokers.com
INSURERISl AFFORDING COVERAGE NAICH
www.edgewoodlns.com INSURER A: Admiral Insurance Companv 24856 INSURED INSURER n : Ohio Securllv Insurance Comoanv 24082 Merrimac Petroleum, Inc. JNSURERC: Merrimac Energy Gro~ 3738 Bayer Avenue, # 04 INSURER D:
Long Beach CA 90808 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 66670652 REVISION NUMBER:
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 TYPE OF INSURANCE ADDL 6UBR
LTR l~~rJ%1'.vWri l~~M%TMY1 LIMITS '""n lunon POLICY NUMBER A _L COMMERCIAL GENERAL UABILITY I ✓ FEIPPL2749401 6/13/2021 6/13/2022 EACH OCCURRENCE S 1 000 000 - =i CLAIMS-MADE [2] OCCUR. Pkal~~J~E~~.7r~ncol s 100 000 _L Bf/PD Ded: $5,000 Per 0cc. MED EXP (Any ono nerson) S5 000 PERSONAL & ADV INJURY S1 000.000 -
GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 .POLICY □ ~r& □ LOC PRODUCTS• COMP/OP AGG S2 000 000
OTHER: s
B AUTOMOBILE LIABILITY BAS (22) 59 12 49 89 6/13/2021 6/13/2022 fE~~~~~d~~,f lNGLE LIMIT S 1 000 ODO - _L ANY AUTO BOOILY INJURY (Per po1<on) $
OWNED ~ SCHEDULED BODILY INJURY (Per sccldonl) s - AUTOS ONLY ,__ AUTOS _L HIRED LL NON-OWNED rp~~~t~J.;,PiAMAGE $ AUTOS ONLY AUTOS ONLY s
A UMBRELLA LIAB HOCCUR FEIEXS2749501 6/13/2021 6/13/2022 EACH OCCURRENCE S2 000 000 - ✓ EXCESS Ll/18 CLAIMS•M"DE /\GGRF.GATE S2 000 000
OED I I RETENTION$ s
WORKERS COMPENSATION I ~¥~UTE l I OTHAND EMPLOYERS' LIABILITY YIN ER
ANYPROPRIETDRIPIIRTNER/EXECUTIVE
□ N/A E.L. EACH ACCIDENT s OFFICERIMEMBEREXCLUDE07
(Mandatory In NH) E,L. DISEASE:· EA EMPLOYEE S If yell, doscribei undor DESCRIPTION OF OPERATIONS bolow la,L, DISEASE• POLICY LIMIT $ A Pollullon Llabllily FEIPPL27 49401 6/13/2021 6/13/2022 $2,000,000 Each Claim Llmll $2,000,000 Aggregate Llmft
$10,000 Deductible
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Schedule, mny be alttchod lrmoraspnco Is required) Re: Bulk Fuel Services
The City of Huntington Beach, lls offlcers, elecled or appointed offlclals, employees, agents and volunteers are 1(/.~~\W{l\:i(lp)11.!l CG2010 0413 and CG2037 0413 altached.
Insurance Is Primary and Non-Contributory per form ECC - 548 0317 attached.
Bv:_, ____
lv\tCtiAF.l E. C:iATES
(ffY A TT'ORNF:Y . ~. --- -
CERTIFICATE HOLDER CANCELLATION l.,..lll UI' 1.Jl"t•,-.-,._ -~· City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 190 ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648
AUTHORIZED REPRESENTATIVE
I Anthony D'Asaro
~~0~
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 666?06S2 I 2021•2022 GL, Auto, BXC, Poll - Specia.l Wordlng J Tino Colorn.ln I 2/0/2022 J :SO,SO Pl-I IPS'l') J Paga 1 o! s DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 44
Meeting Date: 11/14/2023 / Packet Page #: 1194
POLICYHOLDER COPY
P.O. BOX 8192, PLEASANTON, CA 94588
ISSUE DATE: 02-09-2022
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
GROUP:
POLICY NUMBER: • 1903687-2021
CERTIFICATE'ID: 105
CERTIFICATE EXPIRES: 09-01-2022
09-01-2021/09-01-2022
ClTY OF HUNTINGTON BEACH
2000 MAIN ST
HUNTlNGTON BEACH CA 92648-2702
SC
09-01-2021
SC
This ls to certify that we have issued a valld Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance Is not an insurance policy and does not ~mend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect 10 which this certificate of Insurance may be Issued or to which It may pertain, the Insurance afforded by the policy described herein is subjecl to all the terms, exclusions, and conditions, of such pol!cy. ~ti -6i?j' L~ xll~
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0016 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2022-02-09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF HUNTlNGTON BEACH
ENDORSEMENT #2065 ENTITLED CERTIFICATI: HOLDERS' NOTICE EFFECTIVE 09-01-2012 IS ATTACHED TO AND FORMS A PART OF THlS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2022-02-09 XS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF HUNTINGTON BEACH
ENDORSEMENT #1651 - MARY HAZELRIGG PRESIDENT - EXCLUDED,
EMPLOYER
MERRIMAC PETROLEUM INC,
1240 E WARDLOW RD
LONG BEACH CA 90807
SC
[P1N,SC]
(REV,7-2014} PRINTED 02-09-2022
SC
DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 45
Meeting Date: 11/14/2023 / Packet Page #: 1195
2/8/2022
POLICY NUMBER: FEIPPL2749401 COMMERCIAL GENERAL LIABILITY Merrimac Petroleum, lnc. CG 20 10 0413
Merrimac Energy Group
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<:1anl;zatlon{s) Locatlon{s) Of Covered Operations The City of Huntington Beach, its officers, elected or Those project locations where this additional appointed officials, employees, agents and insured coverage is required are specified volunteers per the written contract.
Information required to comolete this Schedule, ff 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
organizatlon(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "properly 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 applles to the extent permitted by
law; and
2. lf 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
additlonal 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 lnsured(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 lts
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
prlncipal as a part of the same project.
CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of2 '6670652 I 202l-2022 ClL, Auto, EXC. Pall - Special Wording I Tino C:olc1,an I 2/8/2022 l1SB:SB PM (PBTI I Page 2 of 5 DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 46
Meeting Date: 11/14/2023 / Packet Page #: 1196
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 additlonal Insured ls
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. Avallable 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.
DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 47
Meeting Date: 11/14/2023 / Packet Page #: 1197
Merrimac Petroleum, Inc.
Merrimac Energy Group
POLICY NUMBER: FEIPPL2749401
2/8/2022
COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Ornanl:zatlon(sl Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or Those project locations where this additional appointed officials, employees, agents and insured coverage is required are specified per volunteers the written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declaratlons.
A. Section II - Who ls An Insured is amended to
include as an additional insured the person(s) or
organlzatlon(s) shown In the Schedule, but only
with respect to liabiHty for "bodily Injury" or
"property damage" caused, in whole or In part, by
"your work" at the location designated and
described [n the Schedule of this endorsement
performed for that additional lnsured and
Included in the "products-completed operations
hazard".
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
ls 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 addltlonal insured.
B. With respect to the insurance afforded to these
addltlonal Insureds, the following Is added to
Section Ill - 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 ls the
amount of Insurance:
1. Required by the contract or agreement: or
2. Available under the applicable Limits of
Insurance shown rn the Declarations;
whichever is less.
This endorsement shall not Increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 66610652 ] 202i-2022 OL, /\uto, EXC, Poll • Bpncbl Wording I \'in• COlo"'8.n I 1/8/2022 l:SUoSB PM (PST) I Page t of 5 DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 48
Meeting Date: 11/14/2023 / Packet Page #: 1198
Merrimac Petroleum, Inc.
Endorsement Number: 26
Automatic Primary and Non-Contributory
Insurance Endorsement
Designated Work Or Project(s)
This endorsement, effoclivc 6/13/2021 allaches to and fonns a pa1t of Policy Number FEI-PPL-27494-0 I. This endorsement changes the Policy. Please read it carefully.
ECC-548-0317
This endorsement modifies insurance provided under the Coverage Part(s) indicated below:
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance.
However, this status exists only for the project specified in that contract.
In consideration of an additional premium of~ and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance.
DocuSign Envelope ID: B79B4B6E-6181-46B4-BC90-93A797781C42 Item #11. Page 49
Meeting Date: 11/14/2023 / Packet Page #: 1199
Approve an Agreement with Merrimac
Petroleum, Inc. for Bulk Fuel Services
Public Works
City Council
November 14, 2023
Michael Sledd, Assistant Public Works Director CityOfGlendora.org Item #11. Page 50
Meeting Date: 11/14/2023 / Packet Page #: 1200
Realized Savings & Fiscal Impact
• Agreement amount not to exceed $452,000 per year. Funds budgeted for and available in account 549-6563-51650.
Fuel Type Past 12 Months
Actual Costs
Calculated Costs Under
Previous Pricing Model
Savings From Previous
Pricing Model
Diesel $21,236.31 $22,492.50 $1,256.19
Unleaded Gasoline $358,306.43 $376,771.72 $18,465.29 Total $379,452.74 $399,264.22 $19,721.48
Item #11. Page 51
Meeting Date: 11/14/2023 / Packet Page #: 1201
RECOMMENDATIONS
That the City Council:
1. Approve an Agreement with Merrimac Petroleum, Inc., dba Merrimac Energy Group, for Bulk Fuel Services - Gasoline and Diesel in the amount of $452,000;
2. Authorize the City Manager or his designee to execute the agreement including making minimal and/or non-substantive changes.
Item #11. Page 52
Meeting Date: 11/14/2023 / Packet Page #: 1202