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HomeMy WebLinkAboutIPC FUEL DISTRIBUTION, INC. - 2016INSURANCE ON FILE A-2016-370 WORK MAY PROLEED JNTIIJN3U ANCE EXPIREa fi7 ; tC9LI9KOF COUNCIL GREE FOR PROVISION OF GASOLINE AND DIESEL FUEL DATE: ) xll 01 THIS AGREEMENT is made and entered into this 20th day of December, 2016 by and between IPC (USA), Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Cit)°'). RECITALS A. The City desires to retain a Contractor with special skill and expertise to supply City's annual gasoline and diesel fuel needs. B. Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, jet fuel, and other petroleum products that maintains its headquarters in the City. C. In uurdertaking 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 reasonablybe expected fronn a professional contracting firm in the field. NOW THEREFORE, in consideration of the Mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all fuel, transportation, labor, supervision, egniptrwriit, and incidentals associate([ with the provision of fuel, as further described in Exhibit A to this Agreement. 2. COMPENSATMOI'3 a. City agrees to pay, and Contractor agrees to accept as total payment for its ser-vic:es, the rates and charges identified in Exhibit B. Base price of fuel will be Thursday Unbranded Gil Price Information Service / L.A. Early Day, as discounted by the amounts appearing on Exhibit B, with base pricing fixed for the following [Monday — Sunday, The total sum to be expended under this Ageement shall not exceed $950,000. b, payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set faith. in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2017 and continue through December 31, 2017, unless terminated earlier in accordance with Section 14, below, 4. INDEPENDENT CONTRACTOR Contractor shall, daring the entire term of this Agreement, be eonstmed to be an independent contractor and riot an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture, relationship, or to allow the City to exercise discretion or control over the professional planner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, umemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work tinder this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit Of mot less than $1,000,000 per oceurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance, In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability far workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work tinder this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Pollution liability: $5,000,000 per occurrence. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in Pull force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without dirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional ,insured endorsement, f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEALNIFICATION Contractor agrees to and shall indetnrufy, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise froin the negligence or willful misconduct of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reaso-n of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay till costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in anylegal proceeding. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 7. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required bylaw, from the date of final payment to C,,ontractor uruler this Agreement. All such records and invoiees shallbe clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts ar copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, .proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. S. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any rnarmer with the performance of services specified under this Agreement. to, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fust class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the warmer provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Sox 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With coltrtesy copies to: To Contractor: Executive Director Finance and Management Services Agency City of Santa Ana, 20 Civic Center Plaza Santa Ana, CA 92702 IPC (LISA), Inc. 4 Hutton Centre Drive, Suite 700 Santa Ana, CA 92707 Attn: Blanca Hurtado 4 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 Consultant. 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. 12, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 13. WAIVER No waiver of a breach, failure of any condition, or any right or remedy container) in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies, 14. TERMINATION This Agreement may be terminated by the City upon thirty (3 Q) 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, City may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property. Of the City unless prohibited by law, and Contractor consents to the City s use th , co for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement, 15. NONDISCRIMINATION Contractor shall not discriminate because of race, calor, 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 or in connection with any activities under this Agreement. Contractor affirms that it is all equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. lb. JURISDICTION - VENUE 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 farther 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. 17, PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and an writing of its inability to obtain, or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or pori -or is not, in fact, held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, LN WfINESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: i r� Maria D. Buizar Clerk of the Council CITY OF SANTA ANA David Cavazos City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:_ . lam% Jolul . Funk- Assistant unkAssistant City Attomey RECOMMENDED FOR APPROVAL: Francisco Gutierrez, >ixecutive Director Finance and Management Services Agency CONTRACTOR: Name: 4-wom r'X Title: Chi\e—p � kCc-�AAVE'_, C C--(`ZC'_pL EXIRBIT A SCOPE OF SER171CFS Contractor shall provide fuel, transportation, labor„ supervision, equipment, and incidentals associated with the provision of fuel to the City of Santa Ana. Such equipment shall include without limitation purnps, hoses, and any equipment needed to appropriately pump fuel being delivered. Deliveries shall be made at designated City premises no later than 36 hours from time of order, unless speciPrcally required or under emergency situations, Deliveries shall be made by owned or contract motor carriers, Product that leaks from hoses or coupler connections shall be cleaned up and removed by Contractor at Contractor's sole expense, including product in spill containers. Contractor has committed to providing feel in Emergency and/or Disaster situations and will maintain 24/7 communications in sue], instances. Contractor shall maintain records of City's purchases and make them available for audit and inspection at request of City. Contractor shall record the quantities, cost, delivery locations, and taxes for each delivery. Contractor shall provide City a copy of such records within 10 days of City's request. Contractor shall supply Material Safety Data Sheets to City as required by law, All gasoline and diesel delivered under this Agreement shall meet the latest requirements of the California Air Resources Board, federal, and local goverrunents as well as fuel industries laws, codes, requirements, standards and guidelines currently in effect or that may come into effect during this Agreement, EXHIBIT B The OPIS price shall be adjusted in accordance with the plus/minus cents per gallon plus delivery. The stated adjustment factor shall be firm for the initial term of the contract and will not be subject to change. All deliveries shall be F.O.B. Destination in Orange County. Pricing will be based on Thursday Unbranded OPTS LA Early Day. Pricing will be locked for the following Monday -Sunday. The price for the "delivery charge" shall be firm for the initial period of the contract and should be invoiced as a separate line item. Police & Yard 87 Unleaded Regular Gasoline (Trick/Trailer Delivery) 8500 gal or More Discount From OPIS Utilizing Ventura County Agreement (Los Angeles, CA OPIS Gross Weekly "Thursday" Unbranded Rack Average with CAR report (Monday - Sunday) Delivery Charge (Orange County) Total Police & Yard 87 Unleaded Regular Gasoline (Tank Wagon Delivery) 500 gal or less Discount From OPTS Utilizing Ventura County Agreement (Los Angeles, CA OPIS Gross Weekly "Thursday" Unbranded Rack Average with CAR report (Monday -Sunday) ($0.05950) Delivery Charge (Orange County) $0.55000 —. Total $0.49050 i Police & Yard #2 ULS Diesel Clear (Truck/Trailer Delivery) 8500 gal or More Discount From OPTS Utilizing Ventura County Agreement (Los Angeles, CA OPIS Gross Weekly "Thursday" Unbranded Rack Average with CAR report (Monday - Sunday) Delivery Charge (Orange County) $0.03200 Tota! ($0.00550) Police & Yard #2 ULS Diesel Red Dyed -Generators (Tank Wagon Delivery) 500 gal or less Discount From OPTS Utilizing Ventura County Agreeement (Los Angeles, CA OPTS Gross Weekly "Thursday" Unbranded Rack Average with CAR report (Monday - Sunday) ($0.03750) Delivery Charge (Orange County) $0.55000 Total $0.51250 �� p® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) v2z1zo1s 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 policy(les) must 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 Marsh Risk & Insurance Services 17901 Von Kerman Avenue, Sulte 1100 (949) 399-5800; License #0437153 Irvine, CA 92614 CONTACT NAME; A/CNNo Ext), FAX No EMAIL ADDRESS: L. Lambey MARLW1600330 INSURERS AFFORDING COVERAGE NAIC # INSURER A : Aspen Insurance Uk Ltd 1120337 TBD -Mar-1-Mar-16-17 INSURED IPC (USA), INC INSURER B INSURER C: ATTN: RAHUL JAIN TEL.NO. 949-648-5677 4 HUTTON CENTRE DRIVE, SUITE 700 INSURER D $ 10,000 SANTA ANA, CA 92707 INSURER E: INSURER F: $ 1,000,000 COVERAGES CERTIFICATE NUMBER: LOS�002048984-01 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. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LA_]PREMIDAMAOCCUR X L. Lambey MARLW1600330 11/0312016 1110312017 EACH OCCURRENCE $ 1,000,000 TO ES( RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP Any one person) $ 10,000 GEN'L X PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ] JECT PRO- E]LOGPRODUCTS OTHER: GENERAL AGGREGATE $ 2,000,000 - COMPIOPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) tP ( ) $ PROPERTY DAMAGE Per accident $ Is UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER7EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ A Marine Liability MARLW1600330 1110312016 1110312017 Pollution 1,600,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana is named as Additional Insured. The City will be mailed 30 days written notice of policy cancellation' CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa And,, CA 92701 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services L. Lambey © 1988-2014 ACORD r'DRPOION. All rig s reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ')j�/pl+ 1 IPCUS-1 OP ID: JG ,4c®�zv CERTIFICATE OF LIABILITY INSURANCE `r...�� DAT2 1 11/22//22/2001616 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 policy(les) must 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 Marsh JCS Risk & Ins. Services CA License# 0768427 CONTACT Grace Mizushima NAME: WC fk ,.1:213-624-5555 A"� Nn:213-346-5930 EMAIL ADDRESS: 777 S. Figueroa St. 24th Floor Los Angeles, CA 90017 Grace Mizushima INSURERS AFFORDING COVERAGE NAIC N INSURERA:Tokio Marine America Ins., Co. 10945 MED EXP (Any One person) $ INSURED IPC (USA) Inc. 4 Hutton Centre Dr., Ste 700 Santa Ana, CA 92707 INSURER B: INSURER C: GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ INSURER D INSURER E AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIREDAUTOS AUTOS INSURER F: CnVFRAGFS 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INSURANCE DL UBR p POLICY NUMBER POLICVEFF MMIDDIVYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY ADE OCCUR AUTHORIZED REPRESENTATIVE Santa Ana, CA 927011 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any One person) $ nC�LAIMS-MADE PERSONAL&ADV INJURY $ LIMIT APPLIES PER: PRO- ❑LOC JECT GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIREDAUTOS AUTOS COMBINED SINGLE LIMIT Ea Me $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ Per accident UMDBELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ IS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, tlescribe under DESCRIPTION OF OPERATIONS below NIA WC6407119.02 12/31/2015 12/31/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Evidence of WC Insurance. CERTIFICATE HOLDER CANCELLATION ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attn: Purchasing Dept 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 927011 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD January 13, 2017 To, The City of Santa Ana, 20 Civic Center Plaza Santa Ana CA 92701 REF: ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Dear Sir/ Madam, IPG and its additional insureds are covered under Policy # 60509MARLW1600330 and the policy covers the requirement issued by the City. It is evidenced under 3 separate documents. • Item#1 and 4 are covered under the endorsement issued for the City of Santa Ana (page 1 of the attachment) • Item # 2: The policy is primary and non-contributory as evidenced by the extract of our policy. (page 2 of the attachment) • Item#3: Separation of insureds as evidenced by the extract of our policy (page 3 of the attachment) The underwriters prefer to stick with the forms that have already in place. We have requested them to attest the form proposed by you. However, please be assured that the City is covered in the manner proposed in the form. The coverage is evidenced in 3 separate documents instead of 1. The policy and it's certificates and endorsements are accepted by all the cities and government agencies that we service in Orange County, in the state of California and in others states across the United States. If you have any questions or concerns, please feel free to contact our sales representative Ms Blanca Hurtado or myself. We will be happy to clarify any doubts. Thank you, Salaj Kumar (Risk Officer) 508 CTB MARSH LTD Contract Endorsement ENDORSEMENT REFERENCE UNIQUE MARKET REFERENCE CHANGES TO CONTRACT DETAILS 1 B0509MARLW1600330 Page 1 of 1 RISK AND ENDORSEMENT IDENTIFICATION DETAILS TYPE: Marine Liability Insurance INSURED: IPC (USA), Inc. PERIOD From 3rd November 2018 to 3rd November 2017 CONTRACT CHANGES This contract is amended as follows: ENDORSEMENT EFFECTIVE DATE: 3rd November 2018 Underwriters hereby note and agree to include, as per the Additional Insured Endorsement CGU12M contained herein, "City of Santa Ana" as an Additional Insured. In the event of cancellation of the policy or this endorsement or material change in coverage of this policy, 30 days written notice shall be given to: City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 All other terms, clauses and conditions remain unchanged. London e December 2018 SYI AGREEMENT Note: Where more than one Insurer participates In the contract, the contract terms may mean that it is not always necessary to obtain a record of agreement to the Contract Endorsement from all of those Insurers. 131tr :Clract Leader MARSH LTD CONTRACT NUMBER Page 43 of 63 B0509MARLW 1600330 PRIMARY INSURANCE ENDORSEMENT Where you are named as an additional Insured on the policy(ies) of others, this insurance shall only apply in excess of and shall not be contributory with other said pollcy(ies). Notwithstanding the above or any other clauses contained within this insurance where required by written contract this insurance shall be primary to any other valid and collectable insurance. CGU12W ub; ASP ti� Contract Leader MARSH LTD CONTRACT NUMBER Page 30 of 63 80509MARLW 1600330 b, Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Pan to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or'suit' is brought, 8. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or pan of any payment we have made under this Coverage Pan, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Pan, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. r A.SP„'" Contract Leader ACC>R®is CERTIFICATE OF LIABILITY INSURANCE Iii DATE(MM/DDNYYY) 11/22/2016 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 policy(les) must 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 AndNAME: 220 West Company -San Mateo 220 West 20th Ave San Mateo CA 94403 CONTACT PHONE 650-573-1111 FAX .650-378-4361 FA E-MAIL ADDRESS INSURERS AFFORDING COVERAGE NAIC IN A INSURERA:Plaza Insurance Company 30945 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IT OCCUR INSURED SOUTH -3 INSURER B:LIO d'sofLondon Southwest Trails, Inc. P. O. Box 419 _ INSURER C: Endurance American Specialty 41718 12/1/2017 Gardena CA 90248 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMRFR- 93037440 Rp\/141r\NI MI IMRCD• 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 LTR TYPE OF INSURANCE AUULSUBR INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YVYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IT OCCUR Y PFHR000738301 12/1/2016 12/1/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT E LOC GENERAL AGGREGATE $2,000,000 GEN'L X PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY PPHR000738301 12/1/2016 12/1/2017 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ANY AUTO BODILY INJURY (Per person) $ X ALL AUTOS NEO AUTOSULEO BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Pe,accidentl $ X CA9948 X MCS -90 Endt. IS B X UMBRELLA LIABX OCCUR N N 15RENMAI 50005509240900 12/1/2016 12/1/2017 EACH OCCURRENCE $6,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE_ $6,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N /A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in Ni If yes, describe under E. L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C A Excess Liability Motor Truck Cargo ELD30000097100 PFHR000738301 12/1/2016 12/1/2016 12/1/2017 12/1/2017 EAOC/AGG 3,000,000 Each Occurrence 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Thee City of Santa Ana, it -s officers, employees, agents, and representatives are named as additional insured per attached endorsement form#: CERTIFICATE HOLDER CANCELLATION © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Attn: Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE j V © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PFHR000738301 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket As Per Written Contract or Agreement Information required to cam fete this Schedule, If not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 AcoRbr CERTIFICATE OF LIABILITY INSURANCE ik-. DATE(MMIDDIYYYY) 11/22/2016 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 policy(les) must 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 Andral & Company -South Coast One MacArthur Place, Suite 100 Santa Ana CA 92707 CONTACT NAME: PHONE 714-327-1400 FAX .714-327-1499 -MAIL EADDRESS INSURERS AFFORDING COVERAGE NAIC 4 X INSURER A:Plaza Insurance ConnpanrV 30945 INSURED SWAIN -1 INSURER ill of London 4/1/2017 Swain Oil Transport Inc. Vista Energy anDiego sportMission 10981 San Diego Mission Road Suite#105 INSURER C: Insurance Company of the West INSURER D: Landmark American Ins. Co. 33138 INSURER E: Endurance American Specialty 41718 San Diego CA 92108 INSURER F: COVERAGES CERTIFICATE NUMBER. 758499712 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. INSRPOLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFF MM/DD/YYYY) POLICY EXP (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y PFHR000788300 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 ET RENTED PREMI PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL& ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY E] PRO- ❑ JECT LOC GENERAL AGGREGATE $2,000,000 GEN'L X PRODUCTS - COMP/OP AGG $2,000,000 Pollution $100,000 OTHER. A AUTOMOBILE LIABILITY PFHR000788300 4/1/2016 4/1/2017 COMBINEINGLE uMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ X AUTOWNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X Trailers $ e X UMBRELLA DAe X OCCUR 28RENMA150005509249301 4/1/2016 4/1/2017 EACH OCCURRENCE $6,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORPARTNER/EXECUTIVEE.L. OFFICEWMEMBER EXCLUDED? F-1 NIA WPL503327400 4/1/2016 4/1/2017 PER 'X STATUTE ER EACH ACCIDENT $1,000,000 E, L, DISEASE - EA EMPLOYE $1,000,000 (Mandatory in Ni If yes, describe under E. L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D E A Excess Liability Excess Liability Motor Truck Cargo LHA239898 ELD30000078800 PFHR000788300 4/1/2016 4/1/2016 4/1/2016 4/1/2017 4/1/2017 4/1/2017 Each Occurrence $3,000,000 Each Occurrence $10,000,000 Each Occurrence $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, it's officers, employees, agents, and representatives are named as additional insured as per respects to above stated insured's policy per attached CG 20 26 04 13 form. City of Santa Ana Finance & Mgmt. Svcs. Agency 20 Civic Center Pfaza M-16 Santa Ana CA 92702 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED The ACORD name and logo are registered marks of ACORD All rinhfs rRsarvad. POLICY NUMBER: PFHR000788300 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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): Any person or organization that the Named Insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1