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HomeMy WebLinkAboutMerrimac Petroleum, Inc. - 2021-03-17 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MERRIMAC PETROLEUM, INC. FOR JET A AVIATION BULK FUEL SERVICES THIS AGREL'-MENT ("Agreement") is made and entered into by and between the City of 1-luntington Beach, a municipal corporation of the State of California, hereinafter called "Citv." and MERI2IMAC PETROLEUM. INC., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the .let A Aviation Bulk Fuel services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement. Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, TFIEREFORE, it is agreed by City and Contractor as follows: 1. Scone of Services Contractor shall provide all services as described in Exhibit "A." which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Bruce Mainor, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this .Agreement. 22-11088/277445 f 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit-B." The total sum to be expended under this Agreement, shall not exceed Three Hundred Fifty Thousand Dollars per year for any one year during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence9ffq&(�l�r as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate five (5) years from the commencement date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11089/277445 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnity and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against an}, and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused. including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directiv or indirectly 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, and subcontractors, anyone directly or indirectIv 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. Yorkers 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 employer's liabilitv insurance in an annount 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 Citv 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 Liabilitv 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 ofor in connection with the Project/Service, and shall provide coverage in not less than the following annount: 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, 22-11088/277445 3 the aggregate limit must be no less than One Million Dollars (51,000,000) 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 police 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 anv other similar form of limitation on the required coverage. 10. Automobile Liabilitv 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 (51,0007000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City gl'Huntii7gron Beach, its ojicers, elected or appointed ojiciak employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention. "deductible" or anv 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. This 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. 22-1 1088/27744 5 4 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 Cite. Contractor shall secure at its own cost and expense, and be responsible for anv 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. 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 the Cit'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. la. 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 ofthis 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. 22-11088/277445 5 16. Assienment Inasmuch as to 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 ol'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 perl'onned by City personnel or by other Contractors retained by CitN. 17. Ciry Emalovees and Officials Contractor shall employ no City official nor any regular CitN 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 ofthe California Government Code. 18. Notices Any notices, certificates. or other communications hereunder shall be given either by personal delivery to Contractors agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a scaled 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: Contractor: City of l-luntington Beach Merrimac Petroleum, Inc. Attn: Dcnny Bacon Attn: Bruce Mainor 2000 Main Street 3738 Bayer Avenue, 9204 Huntington Beach. CA 92648 Long Beach. CA 90808 19. Consent 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. 22-11088/27744.5 6 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 on1v to the extent necessary to bring it within the requirements of the law. 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 an subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Hunth gton Beach Ciry Charter Section 309, the City Attorney is the exclusive legal counsel for Cit; 22-11088/277445 7 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 infbrnation 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. 29. Professional Licenses Contractor shall. through 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. 22-1 1088277445 8 30. Attornev'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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 31. Sun'ival 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 ol'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. Frtirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily follo\ving extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Aereement. 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 firth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11088/277445 9 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized ofTiicers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH,a MERRIMAC PETROLEUM, INC. municipal corporation of the St a of Cali Sa • By: V ' Mayor Mary Hazeingg Print name INITIATED AN+APPD: ITS: (circle one)Chairrn PresidenVice PresidentDirector AND APPROVED AS By: Mary Hazeingg Print name ITS: (caLre^nel Cecretandr'= inancial Officer/ sst. Secretary-Treasurer City Attorney RE ED AND PPROVED CityManager � ) RECEGA�Fll et441j City Clerk 22-11089R77445 10 EXHIBIT A rII 1 11qw REQUEST FOR QUOTE FOR JET A AVIATION FUEL SERVICES Public Works Department CITY OF HUNTINGTON BEACH Released on February 3, 2022 .)ETA AVIATION FUEL SERVICES REQUEST FOR QUOTE. (RFQ) 1. BACKCROUND "hhe City of I-luntington Beach (herein rcl'crrcd to as City) is soliciting a Request for Quote from qualified firms / vendors to provide '*as needed" bulk Jet A Aviation fuel to the City's Heliport located at 18401 Gothard Street. Huntington Beach, CA. The City's Heliport has one (I) I2.000-gallon capacity Under round Storage Tank (UST) for Jet A Aviation fuel. The City desires quotes/ bids front qualified firms with experience and qualifications in providing (procurement, transportation. and unloading) Jet A Aviation bulk fuel (herein referred to as fuel) at OPIS prices. 2. SCHEDULE OF EVENTS This RFQ will be governed by the followin,: schedule: Release of RFQ Pcbruary 3, 2022 Mandatory Pre-Quote Conl'crcncc February 10. 2022 cr 10:00 a.m. Location: City of Huntington Beach, Corporate Yard, Administration Building A Training Room, 17371 Gothard Street. Huntington Beach, CA 92647 Deadline for Written Questions February 15. 2022 Responses to Questions Posted on Web February 18. 2022 Quote Due February 28. 2022 Tentative Award March 15. 2022 Pre-Bid Meeting: A mandatory pre-bid meeting will be held on THURSDAY, FEBRUARY 10, 2022, at 111:00 a.m.. for the purpose of reviewing RFQ / bid documents and receiving questions. The prc-bid meeting will be held at the City of I-luntington Bcach Corporate Yard. 17371 Gothard Street. Administration 11.1ilding A, Huntington Beach, CA 92647. Sign-in will be required to verify attendance. Facemasks required. Duc to COVID-19. the pre-bid meeting might be held outside Building A (weather permitting). 3. SCOPE OF SERVICES —.IET A AVIATION FUEL Vendor shall provide .Jet A Aviation bulk fuel delivery on an "as needed" basis. A. Ordering: Physical inventory for all fuel types is monitored electronically via a Vecdcr Root Monitoring System. ']'his system monitors stored fuel using the following parameters: content. Volume, height, usage, and temperature. The City maintains and calibrates this system annually. I. DesiLlnated Ci1v staf7'will Verify tank levels and provide authorization for fuel order and fuel delivery. Vendor shall not order tLel on City's behall' nor schedule delivery without prior authorization by designated City staff. 2. The authorized fuel order should be fulfilled, delivered and unloaded at the City's 1-Icliport Within forty-eight (48) hours of authorized order by designated City staff. 2 I Vendor shall provide the Cite monthly, quarterly, and annual reports summarizing the following (at a minimum): fuel order dates. dates of delivery. quantities unloaded in gallons. location. and type of fuel delivered, and delivery price. Monthly reports are clue by the I5"' of each month for the preceding month. 13. Deliverv: 1. Vendor shall arrange for dclivcry 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 R 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_Ict aviation fuels. ? Deliveries shall be made between the hours of'iMonday through Friday, 7:OOAM to 4:001'M to the Citys Heliport within forty-eight (48) hours from receipt of order from authorized City staf). 3. Up to one-hour of standing time shall be allowable at no additional char-e to the City for the purpose of unloading. If the Vendor is unable to begin unloading fuel within one (1) hour after the scheduled arrival at the City Heliport due to delays caused by City operations, demurrage charges may be assessed by vendor. Such charges shall apply in increments of onc-quarter(1/4) hours. 4. Vendor shall perform a Vceder Root inventory printout prior to unloading fuel into the UST and shall perform a second inventory printout after fuel is completely unloaded. Both printouts shall be provided to designated City staff at the 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. Vendor warrants that each carrier/driver utilized by vendor to deliver fuel to the City Heliport has the proper operating license. driver safety records, training and certifications. and insurance required to operate fuel trucks and trailers in accordance with current Federal. State and local regulations. 7. All delivery carriers/drivers shall be trained and certified in AI.. , required and appropriate safety measures and HA%MA•T. and equipped to handle the containment. remediation. and proper clean-up of all spills up to 100 gallons. S. Vendor shall be responsible for all spillage that may occur during transit. loading and/or Unloading operations. 9. Vendor shall be held Iinanciall , and legally responsible/liable for the complete containment. remediation, and disposal of all hazardous materials/waste spills that may occur during the vendors I'uelin,,, delivery and unloading operations. 10. The supplier shall immediately report any spillage to designated City staff and clean up the spillage immediately. 1 I. In the event ofa ILel spill. the supplier is required to immediately notif' designated City staff and staff at the delivery location. cover all drains in the Vicinity, prevent spill from entering storm drains. and contain the spill. 12. City will supervise all fuel spill remediation and disposal of hazardous materials and/or waste. I I Vendor shall correctly adjust fuel deliveries to be stated. billed. and paid for based on said fuel 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 at Service Agreement commencement (start date)- 3 15. Vendor will not deliver fuel on City approved holidays. which currently includes (but can change during the term ol'thc contract): A. New Year's Evc 13. New Year's Dav C. Martin l:nlllel- KingJr. Day D. President's Dav E. Memorial Dav I-. Independence Day G. Labor Day 1-I. Veterans Dav I. Thanksgiving and the clay after Thanksgiving I. Christmas I_.ve K. Christmas Dav C. Fuel Quality and Testing: I. Fuels supplied by vendor shall meet current fuel industry guidelines. regulations, industry standards, including South Coast Air QUality Managcmcnt District (SCAQI%4D) and American Socicty of Testing R Materials (ASTM) laws, regulations, guidelines and standards. 2. FUCI supplied by vendor shall be free from contamination. 3. City reserves the right [o conduct spot check testing for fuel product quality assurance via an independent laboratory ol'City's choice. 4. City and/or its authorized representative(s) reserves the right to test fuel quality before. during, and after unloading. Should test results show 111CI contains contaminants. additives. or other particulates not within .let A fuel industry standards/speci III cations; the fuel will be rejected. 5. Vendor shal I be responsible for the removal of the fuel from City's I-leliport Jet A UST within three (3) working clays after requested to do so should the test results show that the fuel contains contaminants, additives or other harmful particulates. Vendor shall also be responsible for all clean up required to all City property. storage facilities. and equipment as a result of noncompliance with fuel specifications. Furthermore, vendor shall be ILlly responsible for any and all costs incurred by the City for any equipment sustaining damage that is attributed to a contaminated fuel that vendor had delivered and unloaded. 6. Any aftermarket additive used shall be identified by brand and/or trade name. The manufacturer's additive specifications shall be provided within forth eight (48) hours to City upon request. AN additive. if used, shall comply with Environmental Protection Agency (EPA) regulations, and shall be compatible with the refiners product. 7. Additives which increase emissions of sulftir and other substances proven to damage the environment and/or which are disallowed by EPA regulations will not be accepted. 1). Invoices and Payments: 1. Vendor shall submit invoices electronically,as an attachment to an email formatted as a .PDF, to designated City staff within one week of delivery (max 7 days). 2. Invoices shall include the following information: order date. delivery date and time, delivery location, gallons unloaded. fLcl temperature. fuel origin (supplier), transporter/hauler, and itemize all unit prices, taxes, and fees. 4 3. Invoice date shall be within 7 days of fuel delivery and include all items described in #2 above. 4. Invoices are paid net 30 days from date of receipt. 5. Payment shall be made for Ilrcl quantities actually delivered. unloaded. and accepted. 6. Vendor shall submit with each invoice a coPy of the delivery bill ol-lading from the carrier. and a copy of the applicable OPIS price sheet. 7. The City is exempt from Federal FnCI 13xcise Tax. Invoices shall not assess Federal Fucl Hxcise Tax to the City. If such charges arc assessed and added to invoices, venclor shall correct immediately and issue a credit to the City within a week (7 clays). E. Fuel Type and Pricing: I. City requires aviation fuel to be type Jet A. 2. Croy prefers to purchase Unbranded bulk Jet A Aviation fuel based on OPTS pricing. City also understands that current market trends have made unbranded .let A fuel temporarily and/or occasionally unavailable. 3. II'unbranded fuel is unavailable. City will accept Jet A branded fuel. 4. Base fuel costs will always be the OPIS "Los Angeles' PADD 5 report as of 10:00 a.m. Eastern time on the clay the flrel order is placed. 4. QUOTE FORMAT CUIDELINES Interested firms / vendors arc to provide the City ol- Huntington Beach with a thorough quote for the Scope of'Services (see 43). Scope of Services / Jet A Aviation Fuel). Please clearly prepare your firms quote using the following guidelines: A. Vendor Application Form and Cover Letter Complete Appendix A. ''Request for Quote -Vendor Application Form" and attach this form to the cover letter. A cover letter. not to exceed two pages in length,should summarize key elements of' the quote. An individual authorized to bind the firm nxrst sills the letter. The letter must stipulate that the quote / price will be valid for a period of at least 90 days. Indicate the address and telephone number ofthe fimns office located nearest to I-luntineton Beach. Calit'ornia and the office from which the project will be managed. B. Background and Project Summary I'hc Back�'round and Project Summary should describe }our understanding of the City. bulk aviation fuel services to be provided. and the objectives to be accomplished (refer to 113. Scope of Services - .let A Aviation Fuel in this RI-Q). C. Staffing Upon award, vendor shall provide a list of individual(s) who will be working on the project and indicate the functions that each will perl-onn. During the contract period. if-the vendor chooses to assign different stall'to the project. the vendor must submit their names and qualifications to the City before they beein work. D• Qualifications The information requested in this section should describe the qualifications ofthe firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 5 I) For the Scope ol' Services dccribcd in 93., provide at Icast three local references that received similar bulk fuel services from your firm. The City of' Huntington Beach reserves the right to contact any ol'the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Types and amount of fuels provided ♦ Project start and end dates ♦ Client proiject manager name. telephone number. and e-mail address E. Price / Quotes Vendor must clearly complete Appendix 13, ,let A Aviation Duel Quote / Bid Sheet. Vendors quote shall include all services (procurement and transportation) for the Scope ol'Work Services described in 43. Additionally. Vendor shall provide the following information: I. Complete Appendix B. Jet A Aviation Fucl Services Quote. >. PROCESS FOR SUBMITTING QUOTES All quotes must be submitted in PDF file format. ♦ Preparation of Quote Each quote shall be prepared simple and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. ♦ Number of Quotes Submit one (1) PD1- file format copy of your quote in sufficient detail to allow for thorough evaluation and comparative analysis. ♦ Submission of Quotes Complete written quotes most he submitted eleclrunicullr in PDF file format via the Planetbids.cont website no later than 4:1111 p.m. (RS.T) oil Fehruary 28, 2022. Quotes will not he accepted after this deadline. Faxed or e-mailed quotes will not be accepted. ♦ Inquiries Inquiries/Questions regarding this RF0 must be directed to Od'A tab via Plonetbids no loner then February 15, 2022 by 4:00 p.m.for response. From the date that this RFQ is issued until a vendor is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contacting officer listed above regarding this 1ZI'Q. except during the pre-quote/job-walk conference. Refer to the Schedule of Events of this RFQ or the City wcbpage to determine if'a pre-quote/job-walk conference has been scheduled. The City reserves the right to reject any quote for violation of this provision. No questions other than written will be accepted. and no response other than written will be binding upon the City. 6 • Conditions for Quote Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all quotes received as a result of this RFQ, to negotiate with any or several qualified sources, or to cancel this RFQ in part or in its entirety. All quotes will become the property of the City of Huntington Beach. If any proprietary information is contained in the quote, it should be clearly identified. 6. EVALUATION CRITERIA The City's evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of quotes submitted and select one or more firms. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: ✓ Compliance with RFQ requirements ✓ Understanding of as needed bulk fuel services project and Scope of Services ✓ Recent experience in providing similar as needed bulk fuel services with the same complexity, requirements, and magnitude for other public agencies ✓ Educational background, work experience, and directly related fimt/vendor experiences ✓ Fee/ Bid Quote ✓ References The City may also contact and evaluate the bidder's and subcontractor's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a quote; and seek and review any other information deemed pertinent to the evaluation process. After written quotes have been reviewed,discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the quote. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. An electronic Notification of Intent to Award may be sent to the firm selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully,the City may negotiate a contract with the next highest scoring firm or withdraw the RFQ. 7. STANDARD TERMS AND CONDITIONS • Amendments The City reserves the right to amend this RFQ prior to the quote due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach -Official City Web Site - Business- Bids& RFO's; bidders should check this web page daily for new information. ♦ Cost for Preparing Quote The cost for developing the quote is the sole responsibility of the bidder. All quotes submitted become the property of the City. 7 ♦ Service Agreement /Contract Discussions Prior to award. the apparent successful form may be required to enter into discussions with the City to resolve any contractual differences. These discussions arc to be finalized and all exceptions resolved within one (I) week from notification. If no resolution is reached, the quote may be rejected, and discussions will be initiated with the second highest scoring firm. See Appendix C. sample City agreement. ♦ Service Agreement / Contract Terms: It is the intent ofthc City to solicit RFQ's and award up to a five (5) year, plus up to, two (2) optional two (2) year extensions contract to the selected firm. The City reserves the right to further negotiate the terms and conditions ol'the contract. "file Citv reserves the right to reject any quote for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if'it is determined to be in the best interest of the City. The City does not guarantee a spccif is amount of fuel demand/orders and the quantity of fuel may increase or decrease depending on needs. The City has the right to terminate the contract with a 30-day notice for any reason. See Appendix C. sample Citv agreement. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a non-disclosure statement. Quotes are subject to the Freedom of Information Act. The City cannot protect proprictary data submitted in quotes. • Travel Time The City will not reimburse for travel time. ♦ Financial Information 'file Citv is concerned about bidders' financial capability to perform. therefore, may ask you to provide sufficient data to allow for an evaluation of your f inn's financial capabilities. • Insurance Requirements Citv Resolution 2008-63 requires that licensees. lessees. and vendors have an approver! Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidders must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix D (sample City agreement). Failure to furnish the required certificates within the time alloyed will result in forfeiture of the Quote Security. Please carefully review the Citv's'Srunaple A,reentent and Cite Insurance Requirements before responding; to the Request for Quote enclocetd herein. The itasaarane requirements have been ttmndrited ht'Citt'Coattcil and cati be modified otrlt•ifevtraordinary circumstances exist. Your res/muse to the Request far Quote must indicate if you are unwilling or unable to execute the agreement as drafted as trell as providing the insurance requirements. The City will consider this in determining; responsiveness to the Request fir Quote. 8 EXHIBIT B REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW 0 CURRENT VENDOR Legal Contractual Name of Corporation: Merrimac Petroleum Inc. Contact Person for Agreement: Bruce Malnor Corporate Mailing Address: 3738 Bayer Ave. # 204 City, State and zip Code: Long Beach Ca. 90808 E-Mail Address: bmainor@merrimacenergy.net Phone: (562)420-6000 Far: (562)-420-6005 Contact Person for Proposals: Bruce Mainor Title:Sales / Dispatch E-Mail Address: bmainor@merrimacenergy.net Business Telephone: (J62)-420-6000 Business Fax: (562)-420-6005 Is your business: (check one) ❑ NON PROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one) CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I oft Names &Titles of Corporate Board Members (Also list Names & Titles of persons with written a uthorization/resolution to sign contracts) Names Title Phone Mary Hazelrigg President/Owner (562)420-6000 Federal Tax Identification Number: 770189045 City of Huntington Beach Business License Number: A303993 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 0 1/3 1 /2023 2of2 QUOTE / BID SHEET JET A AVIATION BULK FUEL Note: The prices of fuel shall be adjusted daily reflecting the OPIS unbranded/branded, low daily rack/terminal prices published at approximately 10:00 a.m. Eastern time. Bulk Jet A Aviation Fuel Quote of 7,000 gallons Cost Category Branded Jet A fuel Unbranded Jet A Fuel Mark-up per gallon PPG S ppG S,1 5 q Delivery/freight charge PPG S 0 7' PPG S , Q 9, PPG—price per gallon Demurrage Cost per one quarter(1/4) hour after initial (1) hour S ;�75, 0,9 per quarter hour D7°°°-"^•� Merrimac Energy Group ice, COVER LETTER wet Date: February 21, 2022 City of Huntington Beach, Corporate Yard, Administration Building A Training Room, 17371 Gothard Street. Huntington Beach Ca. 92647 JET A AVIATION FUEL SERVICES (RFQ) Due: 02/28/2022 Qa 4pm Ruv 561610 60M Attn: Turquoise Benjamin Merrimac Petroleum. Inc., dba Merrimac Energy Group is incredibly pleased to submit the enclosed bid for Cit% of Huntington Beach bulk fueling for Jet A fuel needs. Merrimac is a 34- k Fmmowuotyear-old firm located in Long Beach with business throughout California as well as across the country with both state and federal agencies. Merrimac understands your need for timeliness and accuracy and our goal is to meet and exceed your requirements. Merrimac Energy quote will be valid for 90 days. After day of submission. Merrimac Energy t01 567 420 6M Group, office address: 3738 Bayer Ave. 4204. Long Beach Ca. 90808. Phone number(800)-900- 4081. Or office line (562)-420-6000. And this is the office where the contract will be managed. Bruce Mainor will manage this contract if we are the low bidder. Background and Project Summary Merrimac Energy Group has experience in supplying jet fuel for well over 30 years. We service various municipalities, government agencies throughout southern and northern Ca. And out of the state of California as well. We have been fortunate to supply jet fuel to the City of Los Angeles. For well over twenty plus years. Please find enclosed in our proposal from the City of Los Angeles, a letter stating our services to them. Merrimac utilizes only dedicated jet transportation companies. To avoid at all possible any contamination of Jet Fuel. To date we have never had any fuel contamination. Due to the fact we only use dedicated jet carriers with a good tract record. Also, the truck drivers that we use are top of the line drivers and are educated and experience in the field of delivering jet fuel. If awarded the contract. Me will make sure firsthand that all transportation companies follow out and adhere t from Huntington Beach. Ouslifications Merrimac Energy Group, company staff of employees has a combine 75 years of experience in the fueling industry. From management,accounting, sales, supply and distribution, dispatch etc. Our subcontractors have well over one hundred years of fueling experience. Please see below a list of our references: City of Los Angeles, contact Jeffrey McKimson, address Dept. of General services rm. 701 city Hall S. I I 1 E First St. Los Angeles Ca. 90012. Ph(213)-928-9555. We provide jet fuel since 1997 and counting 480,000 gallons yearly. Jeffrey McKimson ieffrev.mckimsonalacity org City of Pasadena: Chris Sharma, Sgt. Pasadena PD Dept. 2175 Yucca Lane Altadena Ca 91001. (626)-744-6425, supplying jet fuel for the last five years. Ending in July 2022. Yearly amount 60,000 gallons Sharma, Chris obarma!u citvofpasadena.net Dept of Water& Power: PO Box 51111 RM. 1114, Los Angeles, Ca. 9005. Supplying jet fuel 06/2020-06/2022. Yearly amount 48,000 gallons of jet Fuel. POC. Theresa Torres(213)-367- 1393. Torres, Theresa Theresa.Torres6a 1adMT com In addition to the additional fixed fee charge outlined on our bidder's proposal sheet. Terms are net 30 days from date of delivery. Each invoice will be emailed along with a copy of the OPIS report. Making the reconciliation much easier on you accounts payable department and help with on time payments. Sincerely, Bruce Mainor. Sales/ Dispatch CITY OF LOS ANGELES TONV M. ROY " CALIFORNIA 9wwL ww 9u DEPARTMENT OF AHo GENERAL SERVICES CITY Vy9CMKiW ApwT gOpl'!pl 4• :N GT1 NLLL$pUIM 1 I G T M.n STwX[ LwM 99 8.0 9 12 (2131 929-95W F"N 4213)929-951 S ERIC GARCETrI MAYOR February 3, 2021 To whom It may concern: The City of Los Angeles has contracted with Merrimac Energy Group since 1997. Merrimac Energy Group begun as the City's Jet fuel supplier meeting the restrictions and demands of our Los Angles Police Department and Los Angeles Fire Department and still do. Over the course of 24 years, the City's relationship with Merrimac Energy Group has grown. Besides Jet Fuel,they supply the City with Ultra Low Sulfur Diesel fuel,propane,unleaded fuel,unleaded and diesel dispensing fuel tankers during wild fire season, fuel removal and relocation services, and many other fuel related services when requested.Merrimac Energy Group has aided the City most recently with Covid-19 Homeless Shelters and soon the Covid-19 vaccination centers by supplying diesel fuel to the emergency generators, and light towers. Merrimac Energy Group's staff is quick to respond to our inquiries and when they do not know the answer they reach out to others in the fuel industry and find a solution. 1 highly recommend Merrimac Energy Group as they will go well beyond the scope of work. When the City began to first look into Renewable Diesel Merrimac Energy Group was the fast vendor we turned to provide information on this type of fuel. If you have any questions or need further explanation on the fuel or services Merrimac Energy Group provides please feel free to call me at(213)978-3790. Sincerely, Jeffrey McKimson Department of General Services Fuel Services&Environmental Compliance—Petroleum Administration AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER Da ` � r r yr nun 1INU I UN rf hADH BUSINESS UCENSE ( ,�• P.O.Box 190 -- ' Huntington Beach,CA 92648-2702 (714)536-5267 Dahle Bulosan Chief Financial Officer HWO131A 561 1 1411 0.485 _ 7000000568 00.0002.0064 561/1 �. III fill 1111141i11iI�111�I1in11rt1n�I1J�l MERRIMAC ENERGY GROUP 3738 BAYER AVENUE 8204 LONG BEACH CA 90808-1883 Dear Business Owner: Thank you for your Payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not anive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificale below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address,business name,business vehicle,or type of business conducted.Additionally,please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services.However,the Act does not prohibit price differences based on the amount of time,difficulty.or cost of providing the services. In addition to prohibiting discrimination teased on a Person's gender,the Act requires certain businesses to Beady and conspicuously disclose to customers in wilting the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations,dry cleaners,and laundries Providing services to individuals.To access the Department of Consumer Affairs publication, please use the following webpage: httpsJ/www.barbarcosma-ca gov/consumers/gender Traditional Chinese,Simplified Chinese,or Tagalog,—p publication olicy.pdf. To access the pution in Korean,Spanish,Vietnamese, https)Avww.dca.ca.gov/pu blicationsfindox.shtm I please use the following weblica There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you.Office of Business Development-(714)536-5582 Service Co rpsHuntington Beach Chamber of Commerce- 14 536-8888 Business of Retired Name Information -(714)550-7388 CA Department of Tax and Fee Administration-(949)44D-3473 Community Development ( 14)53&52714)834 2889 If you have any questions, please call a Business License representative at(714) 536-5267. City of Huntington Beach Business License Business Name/Service Address License 993 POST IN PUBLIC VIEW A303993 MERRIMAC ENERGY GROUP \ Effective Date Owner/Corporation Co 02/01/2022 MERRIMAC PETROLEUM INC Expiration Date License Type 01/31/2023� `� �, WHOLESALE/MANUFACTURING , Amount Paid $105.00 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL 15 DUE ON OR BEFORE THE EXPIRATION DATE. POLICYHOLDER COPY SC STATE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-09-2022 GROUP: POLICY NUMBER: 1903887-2021 CERTIFICATE ID. 105 CERTIFICATE EXPIRES. 09-01-2022 09-01-2021/09-01-2022 CITY OF HUNTINGTON BEACH SC 2000 MAIN ST 09-01-2021 HUNTINGTON BEACH CA 92648-2702 SC 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 Hive you 30days 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 afforded dbbyytthe Policy yydedescribed herein is subject to all the terms, exclusions,/and conditions, of such policy. Authorised Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2022-02-09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2012 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 82570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2022-02-09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH ENDORSEMENT M1651 - NARY HAZELRIGG PRESIDENT - EXCLUDED. EMPLOYER MERRIMAC PETROLEUM INC. SC 1240 E WARDLOW RD LONG BEACH CA 90807 IPIN,SCI NEV.7-2p141 PRINTED : 02-09-2022 � l ® DATE IODYYYTY .ate o CERTIFICATE OF LIABILITY INSURANCE z/s/IMM ) 2azz 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 cortificato holder is an ADDITIONAL INSURED,the policy(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsoment s. PRODUCER Edggeweod Partners Insurance Center(EPIC) GO CT Tina Coleman 190NT 00 MacArthur Blvd.PH Floor PHONE 949.417-9164 F" 949-809-2364 No E�fl Irvine,CA 92612 ESA L D E ; 1fna.colemon a Icbrakers.com INSURERS)AFFORDING COVERAGE NAIC3 www.edgewoodlns.com INSURER A: Admiral Insurance company 24856 INSURED INSURER a; Ohio SecUrfiv,Insurance Company 2.4082 (Merr)fnac Petroleum;Inc:,? Merdrnac Energy GroupP INSURER C; 3738 Bayer Avenue, Ii204 INSURER D: Long Beach CA 90808 INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: 66870652 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 I POLICY SR ADOL UBR POLICY EFF EXP L TYPE OF IN6URANC6 LIMRa POLICY NUMBER M De MMOO A COMM.ERCIALGENERALLNBILITY FEIPPL2749401 6113P021 6/13/2022 EACH occuRRENce $1000000 CLAIM9-AUDE ❑✓ OCCUR PREMISES HE. 3I DODOD BI/PD Did:$5,000 Per Occ. I VIED EXP oro .Om 35,000 PERSONAL 3 ADV INJURY $1 000 000 GENL AGGREGATE LIMIT APPLIES PER GENERA-AGGREGATE $2,000,000 POLICY�JEO' El LOC PRODUCTS-COWMPAGO 32,000,000 OTHER: 3 B AUTOMOaILE LIABILITY SAS(22)59 12 49 Bfl 6113/2021 6113/2022 COMBINED IEo.--.iI WHOLE $1.000,000 ANY AUTO ROOKY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(P.r=1denl) 3 AUTOS ONLY AUTOS HIRED NON4WNED PROP;r DAMAGE 3 AUTOS ONLY AUTOS ONLY S A UMBRELLALMB OCCUR FEIEXS2749501 6/1312021 6/13/2022 EACH OCCURRENCE $2000000 EXCESS LIAR CLAIMS MADE AGGREGATE $2000000 [am RETENTIONS 3 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN 6T WE ER ANFPRaPR1ETORIPARTNEF/E%ECUTNE ❑ NIA E.L.EACH ACCIDENT 3 MeERIXClU0Eo1 OFFICERIME (M.ndatory In NID ELDISEASE-EAEMPLOY 3 U9ye ae>alm�or OFSCRIP00N OF OPERATIONS IwIax E.L.DISEASE-PCHACY LLMIT 1$ A Pollution Liability FEIPPL2749401 6/13I2021 61132022 $2,000.000 Each Claim Limit $2,000,000 Aggregate Limit $10,000 DeducBblo Desclepn°NOFOPERAnONSILa AVONsrvEHICLEs (Ac0ao tat Admuonm a.m.d�atn.ew.,m.renttathoaumor..patoHrsR.o-.a) Re:rBulk Fuel Services I Tho CIryry of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are VfWww0Vt'D;A9 FRAY CG2010 0413 and CO2037 0413 attached. Insurance Is Primary and Non-Contributory per form ECC-548 0317 attached, MICHAEL F. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 190 ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORREDREPRESENTATIVE 9 D/ Anthony D'Asaro 01988-2015 ACORD CORPORATION. All rights rese"od. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 666106S2 1 0001-2022 cc, Auto, =c, Pou - spacial R.m;ne I rim Cola ft 1 r/./]o]P 1Ao,5o PH (Per) I Yoga T or 5 I 2/8/2022 POLICY NUMBER: FEIPPL2749401 COMMERCIAL GENERAL LIABILITY Merrimac Petroleum, Inc. CG 20 10 04 13 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: i COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations 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 com fete this Schedule, If not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured the person(s) or additional Insureds, the following additional organization(s) shown In the Schedule, but only exclusions apply: with respect to liability for "bodily Injury", "property This Insurance does not apply to 'bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: 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 your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or In the performance of your ongoing operations for on behalf of the additional Insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the Injury or damage arises has been put to Its 1. The insurance afforded to such additional intended use by any person or organization Insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional Insured Is principal as a part of the same project. 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 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 16610652 12021-1021 OL, Aoto. MC, Po11 - SPOC191 "o[Oln9 I Tina C0ICWn 1 a/a/ama 1,5aae en (ear) I ecya 2 of 5 i i i I I C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following Is added to Insurance shown In the Declarations; Section III— Limits Of Insurance; whichever Is less. If coverage provided to the additional Insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown In the will pay on behalf of the additional Insured Is the Declarations. amount of Insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 04 13 66670652 110I1-IM GL, Auto, 6[C, M11 - Gpecfel lbctltnq I Tina Cole n 1 2/6/2032 5160156 vn 1v0T1 I eaS0 3 of 5 Merrimac Petroleum, Inc. Merrimac Energy Group 2/8/2022 POLICY NUMBER:FEIPPL2749401 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 Organization(s) 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 Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following Is added to organization(s) shown In the Schedule, but only Section Ili—Limits Of Insurance: with respect to liability for 'bodily Injury" or If coverage provided to the additional insured is "property damage"caused, In whole or In part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional Insured Is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and Included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown In the Declarations; 1. The Insurance afforded to such additional whichever Is less. Insured only applies to the extent permitted This endorsement shall not Increase the applicable by law;and Limits of Insurance shown in the Declarations. 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 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 11670152 1 aouaav ea taco, "C. van - .p Ci.l Warding I rLm a 1=n 1 2/9/2022 3:se35C en (s ) I v.ga 4 oe 5 Merrimac Petroleum, Inc. Endorsement Number: 26 Automatic Primary and Non-Contributory Insurance Endorsement i Designated Work Or Project(s) { { This endorsement,effective 6/13/2021 attaches to and forms a part of Policy Number FEI-PPI.27494-01.This endorsement changes the Policy. Please read it carefully. 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 LO 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. ECC-548-0317