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HomeMy WebLinkAboutPinnacle Petroleum, Inc. - 2025-04-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PINNACLE PETROLEUM,INC. FOR BULK FUEL SERVICES-GASOLINE AND DIESEL THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called"City,"and Pinnacle 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 field of procurement,supply and delivery of bulk gasoline and diesel fuels. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this 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,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope 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 Liz McKinley,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. 25-16290/374977 l 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 Two Million Five Hundred Thousand Dollars ($2,500,000.00) per 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 commence April 1, 2025, or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate three(3)years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-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. 25-16290/374977 2 7. Hold Harmless Contractor hereby agrees to protect,defend,indemnify and hold harmless City,its officers, elected or appointed officials, employees,agents, and volunteers from and against any 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 directly 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,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 employer's 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 of 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, 25-16290/374977 3 the aggregate limit must be no less than 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. 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 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. 25-16290/374977 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 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. 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 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. 25-16290/374977 5 16. Assignment 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 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 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: Contractor: City of Huntington Beach Pinnacle Petroleum,Inc. Attn: Director of Public Works Attn: Liz McKinley 2000 Main Street 16651 Gemini Lane Huntington Beach, CA 92648 Huntington Beach,CA 92647 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. 25-16290/374977 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 only 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 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; 25-16290/374977 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 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. 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. 25-16290/374977 8 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 non-prevailing 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 forth in the body of this Agreement. 25-16290/374977 9 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a PINNACLE PETROLEUM, INC., municipal corporation of the State of a California c oration California By: Mayor Print ame ITS: (circle one) Chairman/President/ *far" Vice President City Clerk AND By: 1,42, INITIATED AND AP ROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROV D AS TO FORM: ity Attorney REVIEWED AND APPROVED: City Manage 25-16290/374977 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide bulk fuel services for Unleaded,Premium Unleaded and Diesel fuels to all City fixed fuel sites on an"as needed" basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-16290/374977 11 EXHIBIT A—SCOPE OF SERVICES Vendor shall provide bulk fuel services for Unleaded, Premium Unleaded,and Diesel fuels to all City fixed fuel sites on an "as needed"basis. See Scope of Services Page 4 for list of fuel site locations,fuel types and UST size by gallons. 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. I. 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 City's designated fuel site within forty-eight(48) hours of authorized order by designated City staff. 3. Vendor shall provide the City 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 due by the 15th of each month for the preceding month. B. 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 gasoline and diesel fuels. 2. Deliveries shall be made between the hours of Monday through Friday, 7:00AM to 4:00PM to the city's fuel sites within forty-eight(48) hours from receipt of order from authorized City staff. 3. Up to one-hour of standing time shall be allowable at no additional charge 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's fuel sites due to delays caused by City operations, demurrage charges may be assessed by vendor.Such charges shall apply in increments of one-quarter(1/4) hours. 4. Vendor shall perform a Veeder Root inventory printout prior to unloading fuel into the UST's 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's fuel sites 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. EXHIBIT A-SCOPE OF SERVICES p 1 OF 4 EXHIBIT A—SCOPE OF SERVICES 7. All delivery carriers/drivers shall be trained and certified in ALL required and appropriate safety measures and HAZMAT,and equipped to handle the containment, remediation, and proper clean-up of all spills up to one hundred (100)gallons. 8. Vendor shall be responsible for all spillage that may occur during transit, loading and/or unloading operations. 9. Vendor shall be held financially and legally responsible/liable for the complete containment,remediation, and disposal of all hazardous materials/waste spills that may occur during the vendors fueling, delivery and unloading operations. 10. The supplier shall immediately report any spillage to designated City staff and clean up the spillage immediately. 11. In the event of a fuel spill,the supplier is required to immediately notify 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. 13. 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). 15. Vendor will not deliver fuel on City approved holidays,which currently includes(but can change during the term of the contract): A. New Year's Eve B. New Year's Day C. Martin Luther King Jr. Day D. President's Day E. Memorial Day F. Independence Day G. Labor Day H. Veterans Day I. Thanksgiving and the day after Thanksgiving J. Christmas Eve K. Christmas Day C. Fuel Quality and Testing: 1. Fuels supplied by vendor shall meet current fuel industry guidelines, regulations,industry standards, including South Coast Air Quality Management District(SCAQMD) and American Society of Testing&Materials (ASTM) laws, regulations,guidelines and standards. 2. Fuel 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 of City's choice. EXHIBIT A-SCOPE OF SERVICES p 2 OF 4 EXHIBIT A—SCOPE OF SERVICES 4. City and/or its authorized representative(s) reserves the right to test fuel quality before, during, and after unloading. Should test results show fuel contains contaminants, additives,or other particulates not within gasoline and diesel fuel industry standards/specifications;the fuel will be rejected. 5. Vendor shall be responsible for the removal of the fuel from City's Heliport Jet A UST within three(3)working days 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 fully 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 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. D. 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(1)week of delivery(max 7 days). 2. Invoices shall include the following information: order date, delivery date and time, delivery location,gallons unloaded,fuel temperature,fuel origin (supplier), transporter/hauler, and itemize all unit prices,taxes,and fees. 3. Invoice date shall be within seven (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 fuel quantities actually delivered, unloaded, and accepted. 6. 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. 7. The City is exempt from Federal Fuel Excise Tax. Invoices shall not assess Federal Fuel Excise Tax to the City. if such charges are assessed and added to invoices,vendor shall correct immediately and issue a credit to the City within a week(7 days). E. Fuel Type and Pricing: 1. City requires Unleaded, Premium Unleaded and Diesel fuels. 2. City prefers to purchase unbranded bulk fuel services-gasoline and diesel based on OPIS pricing. 3. If unbranded fuel is unavailable, City will accept 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 day the fuel order is placed. EXHIBIT A-SCOPE OF SERVICES p 3 OF 4 EXHIBIT A—SCOPE OF SERVICES Huntington Beach UST Bulk Fuel Locations and Quantities Tank Capacity in . Location #Tanks Type of Fuel Construction Gals. Gothard Fire Station 1 Unleaded Double Wall 4,000 18311 Gothard Street 1 Diesel Double Wall 3,000 Park Tree and Landscape Yard 1 Unleaded Double Wall 10,000 17581 Gothard Street 1 Diesel Double Wall 5,000 Civic Center 1 Unleaded Double Wall 12,000 2000 Main Street 1 Diesel Double Wall 5,000 Beach Maintenance Yard 1 Unleaded Double Wall 5,000 8669 Edison Way 1 Diesel Double Wall 2,000 Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000 19001 Huntington Street 1 Diesel Double Wall 12,000 Lake Fire Station 1 Diesel Double Wall 4,000 530 Lake Street 1 Premium Double Wall 6,000 Warner Fire Station Unleaded 3831 Warner Avenue 1 Diesel Double Wall 2,000 City Yard 1 Unleaded Double Wall 15,000 17371 Gothard Street 1 Diesel Double Wall 12,000 EXHIBIT A-SCOPE OF SERVICES p 4 OF 4 EXHIBIT B - PRICING Item Product Description Pricing Type Unit Price Per Gal.in $ Total Price Per Gal. in$ UNLEADED 87- FULL TRUCKLOAD 6,000+GALLONS UNLEADED 87 GASOLINE Discount per gal. 1 (6,000+gallons) (minus) $(0.0493) $(0.0493) UNLEADED 87 GASOLINE Mark-up per gal.- 2 (6,000+gallons) plus UNLEADED 87 GASOLINE 3 (6,000+gallons) Delivery per gal. $0.0380 $0.0380 Subtotal UNL 87 @ 6,000+gals. $(0.0113) UNLEADED 87-LESS THAN FULL TRUCKLOAD 2,500-5,999 GALLONS UNLEADED 87 GASOLINE Discount per gal. 4 (2,500—5,999 gallons) (minus) $(0.0237) $(0.0237) UNLEADED 87 GASOLINE Mark-up per gal. - 5 (2,500—5,999 gallons) plus UNLEADED 87 GASOLINE 6 (2,500—5,999 gallons) Delivery per gal. $0.0635 $0.0635 Subtotal UNL 87 @ 2,500—5,999 gals. $0.0398 UNLEADED 87—LESS:THAN;2,500 GALLONS t . UNLEADED 87 GASOLINE Discount per gal. 7 (less than 2,500 gallons) (minus) $(0.0137) $(0.0137) UNLEADED 87 GASOLINE Mark-up per gal.- 8 (less than 2,500 gallons) plus UNLEADED 87 GASOLINE 9 (less than 2,500 gallons) Delivery per gal. $0.0821 $0.0821 Subtotal UNL 87 @less than 2,500 gals. $0.0684 Item Product Description Pricing Type Unit Price Per Gal.in $ Total Price Per Gal. in$ PREMIUM UNLEADED-FULL TRUCKLOAD 6,000+GALLONS PREMIUM UNL GASOLINE Discount per gal. 10 (6,000+gallons) (minus) $(0.0441) $(0.0441) PREMIUM UNL GASOLINE Mark-up per gal. 11 (6,000+gallons) (plus) PREMIUM UNL GASOLINE 12 (6,000+gallons) Delivery per gal. $0.0652 $0.0652 Subtotal PREMIUM UNL @ 6,000+gals. $0.0211 PREMIUM UNLEADED—LESS THAN FULL TRUCKLOAD 2,500-5;999`-GALLONS PREMIUM UNL GASOLINE Discount per gal. 13 (2,500-5,999 gallons) (minus) $(0.0992) $(0.0992) PREMIUM UNL GASOLINE Mark-up per gal.- 14 (2,500-5,999 gallons) plus PREMIUM UNL GASOLINE 15 (2,500—5,999 gallons) Delivery per gal. $0.0978 $0.0978 Subtotal PREMIUM UNLEADED @ 2,500-5,999 gals. $(0.0014) PREMIUM UNLEADED-.LESS THAN 2,500 GALLONS PREMIUM UNL GASOLINE Discount per gal. 16 (less than 2,500 gallons) (minus) $(0.0992) $(0.0992) EXHIBIT B—PRICING p 1 OF 3 EXHIBIT B - PRICING Item Product Description Pricing Type Unit Price Per Gal.in$ Total Price Per Gal. in$ PREMIUM UNL GASOLINE Mark-up per gal.- 17 (less than 2,500 gallons) plus PREMIUM UNL GASOLINE 18 (less than 2,500 gallons) Delivery per gal. $0.1223 $0.1223 Subtotal PREMIUM UNLEADED @ Less Than 2,500 gals. $0.0231 Item Product Description Pricing Type Unit Price Per Gal.in $ Total Price Per Gal. in$ ULTRA LOW SULFUR DIESEL FUEL°-;FULL TRUCKLOAD 5,000+GALLONSt `' ULTRA-LOW SULFUR DIESEL Discount per gal. 19 FUEL(5,000+gallons) (minus) $(0.0318) $(0.0318) ULTRA-LOW SULFUR DIESEL Mark-up per gal.- 20 FUEL(5,000+gallons) plus ULTRA-LOW SULFUR DIESEL 21 FUEL(5,000+gallons) Delivery per gal. $0.0415 $0.0415 Subtotal ULTRA LOW SULFUR DIESEL @ 5,000+gals. $0.0097 ULTRA LOW SULFUR DIESEL FUEL—LESS THAN FULL TRUCKLOAD 2,500.—,4,999.'GALLONS` ULTRA-LOW SULFUR DIESEL Discount per gallon 22 FUEL(2,500—4,999 gallons) (minus) $(0.0218) $(0.0218) ULTRA-LOW SULFUR DIESEL Mark-up per gal.- 23 FUEL(2,500—4,999 gallons) plus ULTRA-LOW SULFUR DIESEL 24 FUEL(2,500—4,999 gallons) Delivery per gal. $0.1087 $0.1087 Subtotal ULTRA LOW SULFUR DIESEL @ 2,500—4,999 gals. $0.0869 ULTRA LOW SULFUR DIESEL FUEL LESS THAN 2,50GGALLONS ULTRA-LOW SULFUR DIESEL Discount per gal. 25 FUEL(less than 2,500 gallons) (minus) $(0.0118) $(0.0118) ULTRA-LOW SULFUR DIESEL Mark-up per gal.- 26 _ FUEL(less than 2,500 gallons) plus ULTRA-LOW SULFUR DIESEL 27 FUEL(less than 2,500 gallons) Delivery per gal. $0.1200 $0.1200 Subtotal ULTRA LOW SULFUR DIESEL @ Less Than 2,500 gals. $0.1082 Item Product Description Pricing Type Unit Price Per Gal.in $ Total Price Per Gal. in$ RENEWABLE DIESEL FUEL FULL TRUCKLOAD 5,000+GALLONS'''' RENEWABLE DIESEL FUEL Discount per gal. 28 (5,000+gallons) (minus) $(0.0960) $(0.0960) RENEWABLE DIESEL FUEL Mark-up per gal.- 29 (5,000+gallons) plus RENEWABLE DIESEL FUEL 30 (5,000+gallons) Delivery per gal. $0.0415 $0.0415 Subtotal RENEWABLE DIESEL @ 5,000+gals. $(0.0545) RENEWABLE DIESEL FUEL°-LESS THANFULL TRUCKLOAD 2,500 '4,999 GALLONS RENEWABLE DIESEL FUEL Discount per gallon 31 (2,500—4,999 gallons) (minus) $(0.0604) $(0.0604) EXHIBIT B—PRICING p 2 OF 3 EXHIBIT B - PRICING Item Product Description Pricing Type Unit Price Per Gal.in $ Total Price Per Gal. in$ RENEWABLE DIESEL FUEL Mark-up per gallon 32 (2,500-4,999 gallons) (plus) RENEWABLE DIESEL FUEL 33 (2,500—4,999 gallons) Delivery per gal. $0.1087 , $0.1087 Subtotal RENEWABLE DIESEL @ 2,500—4,999 gals. , $0.0483 RENEWABLE DIESEL FUEL.,.,-LESS THAN 2,500 GALLONS RENEWABLE DIESEL FUEL Discount per gal. 34 (less than 2,500 gallons) (minus) $(0.0404) $(0.0404) RENEWABLE DIESEL FUEL Mark-up per gal.- 35 (less than 2,500 gallons) plus RENEWABLE DIESEL FUEL 36 (less than 2,500 gallons) Delivery per gal. $0.1200 $0.1200 Subtotal RENEWABLE DIESEL @ Less Than 2,500 gals. $0.0796 . OTHER CHARGES/FEES Charges per one-(1/4) hour in excess of 37 DEMURRAGE initial one (1) hour. 30.0000 $30.0000 Annual Subscription Fee to City of 38 OPIS Subscription Huntington Beach $1,716.0000 $1,716.0000 Processing Fee (percentage of total 39 Credit Card Processing Fee charge) 0.0300 0.0300 EXHIBIT B—PRICING p 3 OF 3 ^ \I 7 ® DATE IMM/DD/YYYY) Ro CERTIFICATE OF LIABILITY INSURANCE 03/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME CT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE -PAW--- HOME OFFICE: P.O.BOX 328 IA/C,Ho,Exl):888.333-4949 (Arc,No):507-446-4664 OWATONNA,MN 55060 E-MAIL ADDRESS:CLIENTCONTACTCENTER®FEDINS.COM INSURERS AFFORDING COVERAOE NAIC H INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED INSURER B: PINNACLE PETROLEUM INC INSURER C: 16651 GEMINI LN HUNTINGTON BEACH,CA 92647.4432 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:118 REVISION NUMBER:6 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. ILTR TYPE OF INSURANCE INSR S POLICY NUMBER D,jMIDDiYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL OENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X'OCCUR [ MAAOOErTQ1O FIENTEO PREMISES $100,000 MED EXP(Any one parson) EXCLUDED A Y N 9068974 06/14/2024 06/14/2025 PERSONALS ADV INJURY $1,000,000 OENL AOOREOATE LIMIT APPLIES PER: GENERAL AOOREOATE $2,000,000 X POLICY jTa U Loc PRODUCTS S COMPIOP ACC $2,000,000 OTHER: AUTOMOBILE LIABILITY GO:BcII1dE.D4SINOLE LIMIT $l 000,000 ANY AUTO BODILY INJURY(Per Parton) A OWNED AUTOS ONLY_AuTkoosULNEDp N N 9068974 06/14/2024 06/14/2025 pBODILY INJURY(Per Accident) X HIRED AUTOS ONLY X AAUTQS IXVLY IPirM0Yen9A0E X UMBRELLA LLAB X OCCUR EACH OCCURRENCE S10,000,000 A EXCESS LIAR CLAIMS MADE N N 9068829 06/14/2024 06/14/2025 AOOREOATE $10,000,000 DED RETENTION WO 4KERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE r E.L EACH ACCIDENT OFF10ERIMEMBER EXCLUDED? I N/A (Mandatory In NH) E.L DISEASE EA EMPLOYEE If yet,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE•POUCY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is requdred)A"F'HTUVED AS 10 I'UR M SEE ATTACHED PAGE By: MICHAEL J.VIGLIOTTA CITY ATTORNEY CITY OF IaUNTINGTOH BGACH CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH 118 6 2000 MAIN ST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED HUNTINGTON BEACH,CA 92648-2702 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AI0,1 e O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2018/03) The ACORD name and logo are registered marks of ACORD -----"1 PINNPET-02 CMALLAPUR ,4�oAt2ci. CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DD`YYYY) 10/3/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polley(ies)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License#0757776 CONTACT Eunice Lee PRODUCER NAME: —�... HUB International Insurance Services Inc. ���Ne,Exq:(877)825-2681 I FAX Ne):(951)231-2572 600 Corporate Pointe Suite 600 Culver City,CA 90230 ADDR E•M11A1LESS'caLcpu@hubinternational.com —__ INSURERS)AFFORDING COVERAGE NAIC IS _ INSURER A:Oak River Insurance Company 34630 • INSURED INSURER B: _ . Pinnacle Petroleum,Inc. INSURER C: — -16651 Gemini Ln INSURERD: Huntington Beach,CA 92647 INSURER E: —•----._._._.--.- INSURER F: COVERAGES CERTIFICATE NUMBER: 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD /MM1DDryrno (MMfDD1YYI e) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS•MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $ POLICY WI, LOC PRODUCTS-COMP/OPAGG S OTHER: S AUTOMOBILE LIABILITY (Ea accciden SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) S OWNED —SCHEDULED AUTOS ONLY AUTOS yy p pBODILY INJURY(Per accident) S AUTOS ONLY — AUTOS ONLYN (PerroccyjaAMAGE S S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS L1AN CLAIMS-MADE AGGREGATE S BED RETENTIONS • S A WORKERS COMPENSATION X STATUTE ER 0TH AND EMPLOYERS'LIABILITY y 1 N PIWC541068 10/112024 10/112025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE X E.L.EACH ACCIDENT S to in OFFICER/MEMBER EXCLUDED? Y NIA 1,000,000 E.L.DISEASE-EA EMPLOYEE S If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Addltfonal Remarks Schedule,may be attached If more space Is required) RE:Operations of the named insured during the current policy term. Waiver of Subrogation applies to the Workers Compensation policy In favor of City of Huntington Beach,when required by written contract,per the attached endorsement form WC990410C 01119. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,,.•--� AGENCY CUSTOMER ID: ACOI??J LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AOENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY PINNACLE PETROLEUM INC 16651 GEMINI LN poucY NUMBER HUNTINGTON BEACH,CA 92647-4432 SEE CERTIFICATE#118.6 CARRIER NAIL CODE EFFECTIVE DATE:SEE CERTIFICATE#118.6 SEE CERTIFICATE#118.6 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 23 FORM TITLE: CERTIFICATE OF LABILITY INSURANCE RE: 18401 GOTHARD ST' GOTHARD FIRE STATION 18311 GOTHARD STREET; PARK TREE AND LANDSCAPE YARD 17581 GOTHARD STREET; CIVIC CENTER 2000 MAIN STREET; BEACH MAINTENANCE YARD 8669 EDISON WAY; UTILITIES YARD AKA WATER OPERATIONS 19001 HUNTINGTON STREET; LAKE FIRE STATION 530 LAKE STREET; WARNER FIRE STATION 3831 WARNER AVENUE; CITY YARD 17371 GOTHARD STREET. IN HUNTINGTON BEACH, CA 92648. ADDITIONAL INSURED INCLUDES: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. FOR NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101(2008/01) 0 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD IL-F-40-00037 Extension Endorsement Any coverage provided by this endorsement applies only to delivery of fuel to RE: 18401 Gothard St ; Gothard Fire Station 18311 Gothard Street; Park Tree and Landscape Yard 17581 Gothard Street; Civic Center 2000 Main Street ; Beach Maintenance Yard 8669 Edison Way; Utilities Yard aka Water Operations 19001 Huntington Street; Lake Fire Station 530 Lake Street; Warner Fire Station 3831 Warner Avenue; City Yard 17371 Gothard Street . in Huntington Beach, CA 92648. Additional Insureds Also Include : City of Huntington Beach, its officers , elected or appointed officials, employees, agents and volunteers . IL-F-40-00037(06-10) Policy Number: 9068974 Transaction Effective Date:03/11/2025 POLICY NUMBER: 9068974 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): DESCRIPTION OF INTEREST IF APPLICABLE: City of Huntington Beach See IL-F-40-00037 2000 Main St Huntington Beach, CA 92648-2702 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 III -Limits Of Insurance: with respect to liability for "bodily Injury", If coverage provided to the additional insured is "property damage" or "personal and advertising required by a contract or agreement, the most we injury"caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing 2. Available under the applicable limits of operations; or insurance; 2. In connection with your premises owned by or whichever is less. rented to you. This endorsement shall not increase the However: applicable limits of insurance. 1. The Insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Insured: Pinnacle Petroleum Inc 16651 Gemini Ln Huntington Beach, CA 92647-4432 © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 2026 12 19 Policy Number: 9068974 Transaction Effective Date: 03/11/2025 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (2) You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and ©Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 01 12 19 Policy Number: 9068974 Transaction Effective Date: 06/14/2024 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium,with a minimum initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) All CA Operations 350.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2024 Policy No.: PIWC541068 Endorsement No.:. Insured: Pinnacle Petroleum,Inc. Premium$ insurance Company: Oak River Insurance Company Countersigned by WC990410C (Ed.01-19)